The Rural Development (Amendment) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 764
Exiting The European Union
Agriculture
The Rural Development (Amendment) (EU Exit) Regulations 2019
Made 28th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introductory
Citation and commencement
1. These Regulations may be cited as the Rural Development (Amendment) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.
PART 2
Amendment of Regulations governing the 2014-2020 rural development programmes
Introductory
2. Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) is amended as follows.
Amendment of Title 1 (objectives and strategy)
3.—(1) For Article 1(1) substitute—
“1 This Regulation lays down general rules governing support for rural development. It sets out the objectives to which rural development policy is to contribute and the relevant priorities for rural development. It outlines the strategic context for rural development policy and defines the measures to be adopted in order to implement rural development policy. In addition, it lays down rules on programming, networking, management, monitoring and evaluation.”.
(2) In Article 2—
(a)
(a) in paragraph 1—
(i) in the first subparagraph, after “Regulation (EU) No 1303/2013” insert “as it had effect immediately before exit day”;
(ii) in the second subparagraph—
(aa) in point (a) for “joint action by the Union” to the end substitute “action to achieve the priorities for rural development”;
(bb) in point (b), at the end insert “as it had effect immediately before exit day;”;
(cc) in point (c) omit “Union”;
(dd) at point (i) for “the Annex to Council Decision 2009/470/EC” substitute “Annex II of Regulation (EU) No 652/2014”;
(ee) after point (s) insert—
“(t)
“(t) “Directive 2000/29” means Directive 2000/29/ECof 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community2;
(u)
(u) “Directive 2009/147” means Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds3;”
(b)
(b) in paragraph 2—
(i) for “A Member State” substitute “The relevant authority”;
(ii) for “Member States” substitute “relevant authorities”;
(c)
(c) at the end insert—
“4. In these Regulations, references to Regulation (EU) No 1303/2013 are references to Regulation (EU) No 1303/2013, as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.”.
(3) For Article 3 substitute—
“Mission
Article 3. Support provided through rural development programmes shall contribute to promoting sustainable rural development in a manner that complements other support provided to the agriculture and fisheries sectors and to less developed regions. It shall contribute to the development of an agricultural sector that is more territorially and environmentally balanced, climate-friendly and resilient and competitive and innovative. It shall also contribute to the development of rural territories.”.
(4) In Article 4, for “the CAP” substitute “agricultural support”.
(5) In Article 5—
(a)
(a) for the first paragraph substitute—
“The achievement of the objectives of rural development shall be pursued through the following six priorities for rural development, which reflect the relevant Thematic Objectives of the CSF:”;
(b)
(b) in the penultimate paragraph, omit from “When a Member State” to “four priorities”.
Amendment of Title II (programming)
4.—(1) For Article 6 substitute—
“Rural development programmes
Article 6. Support for rural development shall be provided in accordance with rural development programmes. These programmes shall implement a strategy to meet the priorities for rural development through a set of measures as defined in Title III. Support for rural development must be provided to further the objectives and the priorities of rural development.”;
(2) Omit Article 7.
(3) In Article 8—
(a)
(a) in paragraph 1—
(i) omit point (a);
(ii) omit “Union” in each place it occurs;
(iii) in point (c)—
(aa) in point (ii) omit from “supported by” to “in point (a) and”;
(bb) in point (iv) omit “or thematic sub-programmes”;
(iv) in point (d) —
(aa) omit “the Partnership Agreement and”;
(bb) omit “in accordance with the summary submitted in the Partnership Agreement”;
(v) omit point (e);
(vi) in point (g) for “Member States” substitute “relevant authority”;
(vii) in point (h)—
(aa) for “EAFRD” substitute “core” in the first, second, fourth, fifth, sixth and seventh places it occurs and “support for rural development” in the third place it occurs;
(bb) omit the last sentence of point (i);
(viii) for point (l) substitute—
“(l)
“(l) information on the complementarity with other support provided to the agricultural and fisheries sectors;”;
(ix) in point (m)—
(aa) in point (i) omit “by the Member State”;
(bb) in point (iv), for “Member States” substitute “the relevant authority”;
(b)
(b) omit paragraph 2.
(4) In Article 9 omit “EAFRD”.
(5) Omit Article 10.
(6) In Article 12, omit point (a).
Amendment of Chapter I (measures) of Title III (rural development support)
5.—(1) In Article 13, omit “Union”, in both places it occurs.
(2) In Article 15—
(a)
(a) in paragraph 3a, for “Member States” substitute “the relevant authority”;
(b)
(b) in paragraph 4—
(i) omit the word “Union”;
(ii) for points (d) and (e) substitute—
“(d)
“(d) requirements arising from any programme of measures for river basin districts which has been implemented in consequence of Article 11(3) of Directive 2000/60/ECestablishing a framework for Community action in the field of water policy (‘the Water Framework Directive’)4, which is to be construed as if references to “Community legislation” were references to “the law as it applies in the constituent nation” and references to “Member States” were references to “The competent authority”;
(e)
(e) requirements which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Articles 14(1), (2), (4) and (5) of Directive 2009/128/ECof the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides5, which are to be construed as if references to “Member States” were references to “the competent authority”.”;
(c)
(c) for the first sentence of paragraph 5 substitute “Advice to forest holders shall cover, as a minimum, the relevant requirements which have been implemented as a consequence of Directives 92/43, 2009/147 and 2000/60.”.
(3) In Article 16—
(a)
(a) in paragraph 1—
(i) in points (b) and (c), for “Member States” in both places it occurs substitute “relevant authority”;
(ii) in point (c) omit “Union”;
(b)
(b) in paragraph 2 omit the last sentence;
(c)
(c) in paragraph 3, in the fourth subparagraph omit “, as applicable in the Member State concerned”.
(4) In Article 17—
(a)
(a) in each place it occurs, omit “Union”;
(b)
(b) in paragraph 2, for “Member States” substitute “the relevant authority”;
(c)
(c) in paragraph 6, for “Union law” substitute “the law as it applies in the constituent nation”.
(5) In Article 18—
(a)
(a) in paragraph 3—
(i) omit “of Member States”;
(ii) for “measures adopted in accordance with Council Directive 2000/29/EC” substitute “requirements which apply by virtue of Council Directive 2000/29/EC”;
(b)
(b) in paragraph 4—
(i) for “Member States” substitute “The relevant authority”;
(ii) for “other national or Union support instruments” substitute “support under Regulation 508/2014 or direct payment support”.
(6) In Article 19—
(a)
(a) for “Member States”—
(i) in the first and fifth places it occurs, substitute “the relevant authority”;
(ii) in the second, third and fourth places it occurs, substitute “The relevant authority”;
(b)
(b) in the third subparagraph of paragraph 4, for “Member State” substitute “relevant authority”.
(7) In Article 20(2)—
(a)
(a) for “Member State” substitute “relevant authority”;
(b)
(b) for “Union instruments” substitute “support under Regulation 508/2014 or direct payment support”.
(8) In Article 21(2)—
(a)
(a) omit the first subparagraph;
(b)
(b) in the second subparagraph, for “Member States” substitute “relevant authority”.
(9) In Article 23(2), for “Member States” substitute “relevant authority”.
(10) In Article 24—
(a)
(a) in paragraph 2, for “Member States”, in each place where it occurs, substitute “relevant authority”;
(b)
(b) in paragraph 3 —
(i) for “Member States” substitute “the relevant authority”;
(ii) for “measures adopted in accordance with Directive 2000/29/EC” substitute “requirements which apply as a consequence of the implementation of Council Directive 2000/29/EC”;
(c)
(c) in paragraph 4—
(i) for “Member States” substitute “The relevant authority”;
(ii) omit “national or Union”.
(11) In Article 26(1) omit the second sentence.
(12) In Article 27—
(a)
(a) in paragraph 2, for “a Member State’s” substitute “the”;
(b)
(b) in paragraph 2, for “Member States” substitute “The relevant authority”;
(c)
(c) in paragraph...
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