UK MINISTERS ACTING IN DEVOLVED AREAS 

 

 

009 – The Common Agricultural Policy (Cross Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022

Laid in the UK Parliament: 11 May 2022

Sifting

Subject to sifting in UK Parliament?

N/A

Procedure:

Draft affirmative   

Date of consideration by the House of Commons European Statutory Instruments Committee

N/A

Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee

N/A

Date sifting period ends in UK Parliament

N/A

SICM under SO 30A (because amends primary legislation)

Not required 

Scrutiny procedure

Outcome of sifting  

N/A

Procedure

Draft affirmative

Date of consideration by the Joint Committee on Statutory Instruments

Not known

Date of consideration by the House of Commons Statutory Instruments Committee

Not known

Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee

Not known

Background

These Regulations are proposed to be made by the UK Government under section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.

 

Summary

These Regulations amend retained CAP legislation to ensure it operates effectively now that the UK is no longer an EU member state. They amend retained EU law:

  • relating to rural development funding from European funds and the programme durations of certain schemes,
  • relating to retained cross-compliance rules in order that they will not conflict with obligations under new domestic land management schemes,
  • to remove ineffective references to “Member States” and requirements to make reports to the European Commission, which are no longer necessary in the UK now the transition period has concluded.

These Regulations will, among other things, ensure the effective operation of provisions concerning apiculture (beekeeping) programmes and olive oil marketing rules.

 

Statement by Welsh Government

Legal Advisers agree with the statement laid by the Welsh Government dated 13 May 2022 regarding the effect of these Regulations. However, at the time of writing, the Regulations are not yet in force (while the written statement says they came into force on 12 May 2022).

 

Intergovernmental Agreement on the European Union (Withdrawal) Bill

The above summary and the content of the Explanatory Memorandum to these Regulations confirm their effect.

 

Legal Advisers do not consider that any significant issues arise under paragraph 8 of the Memorandum on the European Union (Withdrawal) Bill and the Establishment of Common Frameworks in relation to these Regulations.