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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Farm Sustainability Payments to Farmers (Amendment) Regulations (Northern Ireland) 2025 No. 26 URL: http://www.bailii.org/nie/legis/num_reg/2025/nisr_202526_en_1.html |
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This is the original version (as it was originally made).
Statutory Rules of Northern Ireland
Agriculture
Made
13th February 2025
Coming into operation
10th March 2025
The Department of Agriculture, Environment and Rural Affairs, in exercise of the powers conferred by sections 48 and 50(3)(a) of, and paragraph 5 of Schedule 6 to, the Agriculture Act 2020( 1) makes the following Regulations:
1.—(1) These Regulations may be cited as The Farm Sustainability Payments to Farmers (Amendment) Regulations (Northern Ireland) 2025 and come into operation on 10thMarch 2025.
(2) The Interpretation Act (Northern Ireland) 1954( 2) shall apply to these Regulations as it applies to an Act of the Assembly.
2. In Commission Delegated Regulation (EU) No. 640/2014supplementing Regulation (EU) No. 1306/2013of 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( 3), in Article 6–
(a) for paragraph 1 substitute–
“1. The relevant authority shall assess the quality of the identification system for agricultural parcels annually and where the results of the quality assessment reveal deficiencies in the system, it may take appropriate remedial action. ”;
(b) for paragraph 2 substitute–
“2. The relevant authority shall perform the assessment referred to in paragraph 1 on the basis of a sample of reference parcels. ”
(c) in paragraph 3, omit from “by” to the end of that paragraph.
3.—(1) In regulation 4(1) of the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014( 4)–
(a) omit subparagraphs (a) and (b);
(b) for subparagraph (c) substitute-
“(c) the Department is the specialist control body which shall bear the responsibility of carrying out the controls and checks in respect of Schedule 1, and Annex II to, the Horizontal Regulation. ”
(2) Omit regulation 4(2).
4.—(1) The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015( 5) shall be amended as follows.
(2) In regulation 2 (interpretation), in the appropriate place insert–
““ the 2025 scheme year ” means the scheme year beginning on 1 st January and ending on 31 st December 2025, ”.
(3) Regulation 4 shall be amended as follows–
(a) in paragraph (1)–
(i) after subparagraph (a), insert–
“(aa) on or before 15 th May in relation to the 2025 scheme year and subsequent scheme years, ”,
(ii) in subparagraph (b) for the full stop substitute “, or”,
(iii) after subparagraph (b), add–
“(c) otherwise from 16 th May of the preceding calendar year to 15 th May (both those dates included) of the first calendar year where the first calendar year is 2026 or a subsequent year in which the transferee may include those entitlements in the transferee’s application for direct payments. ”,
(b) in paragraph (2), after “2ndMay” insert “or 15thMay”.
5. In The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2015( 6)–
(a) in regulation 2, for “in accordance with regulations 3 to 5” substitute “as follows:”,
(b) omit regulation 3.
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 48 and 50(3)(a) of, and paragraph 5 of Schedule 6 to, the Agriculture Act 2020 (c.21).
Regulation 2 amends Commission Delegated Regulation (EU) No. 640/2014supplementing Regulation (EU) No. 1306/2013of 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 to remove the methodology for the assessment of the quality of the identification system for agricultural parcels set out in that Regulation.
Regulation 3 removes the responsibility of the Department of the Environment and the Health and Safety Executive as the Competent Control Authorities bearing the responsibility for certain cross compliance controls.
Regulation 4 amends The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015 to revise the closing date for the transfer of payment entitlements.
Regulation 5 reflects the responsibilities of the Department regarding Cross Compliance regulations.
EUR 2014/640
S.R. 2014 No. 291as amended by SR 2015 No. 286
S.R. 2015 No.191as amended by S.R. 2020 No. 22and S.R. 2021 No. 40