The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

S T A T U T O R Y I N S T R U M E N T S

2014No. 3263

AGRICULTURE

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

9thDecember2014

11thDecember2014

1stJanuary2015

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to the common agricultural policy( 2).

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references in these Regulations to the SCMO Regulations (as defined in regulation 2(1)) to be construed as references to those Regulations as amended from time to time.

The Secretary of State makes these Regulations under the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 3) and, with the consent of the Treasury, section 56(1) of the Finance Act 1973( 4).

PART 1

INTRODUCTION

Citation, commencement, application and extent

1. (1) These Regulations may be cited as the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 and come into force on 1st January 2015.

(2) Subject to paragraphs (3) and (4), these Regulations apply in England only.

(3) A revocation of a statutory instrument by regulation 35 and Schedule 5 has the same application and extent as the statutory instrument being revoked.

(4) The following provisions extend to the United Kingdom-

(a) regulations 3, 4, 9(1) and 34;(b) regulations 20 to 29 and, so far as relevant to regulation 21, regulation 33;(c) paragraphs (2) and (7) and, so far as relevant to paragraph (2), paragraph (10) of regulation 35; and(d) regulation 2 so far as relevant to any of the regulations mentioned in sub-paragraphs (a) and (b).

Interpretation

2. (1) In these Regulations-

"the Common Provisions Regulation" means Regulation (EU) No. 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc( 5);

"the Direct Payments Delegated Regulation" means Commission Delegated Regulation (EU) No. 639/2014 supplementing the Direct Payments Regulation( 6);

"the Direct Payments Implementing Regulation" means Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of the Direct Payments Regulation( 7);

"the Direct Payments Regulation" means Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy( 8);

"the European Regulations" means-

(a) the Common Provisions Regulation;(b) the Direct Payments Delegated Regulation;(c) the Direct Payments Implementing Regulation;(d) the Direct Payments Regulation;(e) the Horizontal Delegated Regulation;(f) the Horizontal Finance Implementing Regulation;(g) the Horizontal Implementing Regulation;(h) the Horizontal Regulation;(i) the Rural Development Delegated Regulation;(j) the Rural Development Implementing Regulation;(k) the Rural Development Regulation; and(l) the SCMO Regulations.

"the Horizontal Delegated Regulation" means Commission Delegated Regulation (EU) No. 640/2014 supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance( 9);

"the Horizontal Finance Implementing Regulation" means Commission Implementing Regulation (EU) No. 908/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency( 10);

"the Horizontal Implementing Regulation" means Commission Implementing Regulation (EU) No. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance( 11);

"the Horizontal Regulation" means Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy( 12);

"Regulation 1698/2005" means Council Regulation (EC) No. 1698/2005on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) etc( 13);

"the Rural Development Delegated Regulation" means Commission Delegated Regulation (EU) No. 807/2014 supplementing the Rural Development Regulation( 14);

"the Rural Development Implementing Regulation" means Commission Implementing Regulation (EU) No. 808/2014 laying down rules for the application of the Rural Development Regulation( 15);

"the Rural Development Regulation" means 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( 16);

"the SCMO Regulations" means the Regulations listed in Schedule 1, as amended from time to time;

"accountable body", except in regulation 9(2), means a body other than the Secretary of State administering rural development payments;

"area-related aid schemes" has the meaning given by Article 2(20) of the Horizontal Delegated Regulation;

"authorised person", except in Part 4, means any person who is authorised by the Secretary of State, the Forestry Commissioners or Natural England, either generally or specifically, whether or not an officer or employee of that authority, to act in relation to matters arising under these Regulations;

"beneficiary", except in Schedule 2, has the meaning given by sub-paragraph (1) of Article 2(1) of the Horizontal Delegated Regulation;

"commitment", except in regulation 35(3) and (4), means an undertaking to the Secretary of State or other delivery body to comply with any requirement which is a condition of receiving a rural development payment;

"competent authority", except as otherwise provided by regulation 3, means-

(a) in England, the Secretary of State;(b) in Northern Ireland, the Department of Agriculture and Rural Development;(c) in Scotland, the Scottish Ministers;(d) in Wales, the Welsh Ministers;

"delivery body" means-

(a) the Forestry Commissioners;(b) Natural England;(c) the Secretary of State; or(d) any local action group and, where relevant, its accountable body;

"direct payments" has the meaning given by Article 2(e) of the Horizontal Regulation;

"EAFRD" means the European Agricultural Fund for Rural Development set up under Article 2(1) of Council Regulation (EC) No 1290/2005on the financing of the common agricultural policy( 17);

"EAGF" means the European Agricultural Guarantee Fund set up under Article 2(1) of Council Regulation (EC) No 1290/2005on the financing of the common agricultural policy;

"farmer" has the meaning given by Article 4(1)(a) of the Direct Payments Regulation;

"local action group" means a group which has been selected to implement a local development strategy in accordance with Article 34 of the Common Provisions Regulation;

"non-compliance" has the meaning given by Article 2(2)(b) of the Horizontal Delegated Regulation;

"officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity;

"officer" or "member", in relation to an unincorporated association, includes any person purporting to act in such capacity;

"partner" includes any person purporting to act in such capacity;

"partnership" does not include a limited liability partnership;

"rural development applicant" means any person who makes a rural development application;

"rural development application" means an application to the Secretary of State or other delivery body to enter into a commitment;

"rural development beneficiary" means a person who has entered into a commitment;

"rural development payment", except in regulations 9(2)(b) and 35(4), means any payment by the Secretary of State or an accountable body under Title III of the Rural Development Regulation;

"single application", except in regulations 3(3)(b) and 35(2), means an application for direct payments in relation to area-related aid schemes;

"unincorporated association" does not include a partnership.

(2) Other terms used in these Regulations that are also used in any of the European Regulations have the meaning they bear in those Regulations.

PART 2

CONTROL AND ENFORCEMENT

Competent authority

3. (1) A competent authority must-

(a) determine a single application submitted in respect of a holding; and(b) remain the competent authority in respect of that application.

(2) Where a holding is situated in more than one territory on the last date on which the single application may be submitted, the competent authority is the competent authority for the territory in which the greater part of the holding is situated.

(3) But a farmer who has a holding situated in more than one territory on the last date on which the single application may be submitted, may submit their application to-

(a) the competent authority who determined the farmer's most recent single application in accordance with these Regulations, or(b) if there was no such determination, the competent authority who determined the farmer's most recent single application in accordance with the 2009 Regulations.

(4) In this regulation-

(a) "holding" has the meaning given by Article 4(1)(b) of the Direct Payments Regulation;(b) "territory" means England, Northern Ireland, Scotland or...