Paying Agency (Amendment) Regulations, 2010

L.N. 508 of 2010

AGRICULTURAL AND FISHING INDUSTRIES

(FINANCIAL ASSISTANCE) ACT

(CAP. 146)

Paying Agency (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 7 of the

Agricultural and Fishing Industries (Financial Assistance) Act, the

Minister for Resources and Rural Affairs in concurrence with the

Minister of Finance, the Economy and Investment, has made the

following regulations:-

The title of these regulations is the Paying Agency

(Amendment) Regulations, 2010, and they shall be read and

construed as one with the Paying Agency Regulations, hereinafter

referred to as “the principal regulations”.

In regulation 2 of the principal regulations

(a)

in the definition “the Act” the word “or” shall be

deleted;

(b) for the definition “the Agency” there shall be

substituted the following

“ “the Agency” or “the Paying Agency” means

the entity established under regulation 3 of these

regulations;” ;

(c) the definition “aid application” shall be deleted;

(d) for the definition “aid scheme” there shall be

substituted the following

“ “aid scheme” means a scheme under which a

person may apply for financial aid;” ;

(e) the definition “bankers of the agency”, “claimant”

and “certifying body” shall be deleted;

(f) in the definition “competent authority” the words

“and fisheries” shall be deleted;

(g) the definitions “Commission Regulation 2419/01”,

“data” and “duly qualified institution” shall be deleted;

(h) immediately after the definition “EAGF” there

shall be added the following new definition

“ “fund” or “funds” means either the EAGF, the

EAFRD or National Funds; ” ;

(i) the definitions “Internal Audit and Investigations

Directorate” and “Minister” shall be deleted;

(j) immediately after the definition “Integrated

Administration and Cntrol System” there shall be added the

following new definitions

“ “Manual of Procedure” means a set of rules

and guidelines regulating the various operations and

procedures to be followed by the Paying Agency, in

accordance with EU regulations;

“National Funds” means funds provided by the

Government of Malta.” .

Regulation 3 of the principal regulations shall be

amended as follows

(a) in subregulation (1) thereof, immediately after the

words “in these regulations” there shall be added the words “,

in accordance with Council Regulation (EC) 1290/2005”;

(b) in subregulation (2) thereof, for the words

“Annex I” there shall be substituted the words “Annex I of

Commission Regulation (EC) 885/2006”;

(c) for subregulation (3) thereof there shall be

substituted the following

“(3) The Paying Agency shall operate at all

times in terms of the criteria laid down in Commission

Regulation 883/2006 and Annex I of Regulation (EC)

885 / 2006, with regards to its

(a)

Internal environment

(i)

Organisational structure;

(ii) Human Resource Standard;

(iii) Delegation;

(b)

Control activities

(i)

Procedures for authorising claims;

(ii)

Procedures for payment;

(iii)

Procedures for accounting;

(iv) Procedures for advances and

securities;

(v)

Procedures for debts;

(vi) Audit trail;

(c)

Information and Communication

(i)

Communication;

(ii)

Information systems security;

(d)

Monitoring

(i) Ongoing monitoring via internal

control activities;

(ii) Separate evaluations via an internal

audit service.” ;

(d) for subregulation (4) thereof, there shall be

substituted the following

“(4) The Paying Agency shall adopt and

implement Manual of Procedures developed in respect

of the various aspects of its operation as defined in

subregulation (3).” ; and

(e) in subregulation (5) thereof, for paragraphs (a) and

(b) there shall be substituted the following new paragraphs

“(a) The person responsible for the running of the

Paying Agency shall be the Head of the Paying Agency.

(b) The Head of the Paying Agency shall be

responsible for the disbursement of EU funds dedicated

for the Common Agricultural Policy and for the day to day

administration of the Paying Agency.” .

Regulation 5 of the principal regulations shall be deleted.

Regulation 7 of the principal regulations shall be deleted.

For regulation 8 of the principal regulations there shall be

substituted the following

“8. The Paying Agency shall implement the schemes

in terms of procedures adopted in accordance with the

provisions of the EU Council and Commission Regulations

listed in Annex I to these regulations.” .

Regulation 9 of the principal regulations shall be deleted.

Regulation 12 of the principal regulations shall be deleted.

For regulation 13 of the principal regulations there shall be

substituted the following

(1) Any dispute arising from claims made to

“Resolution of

Disputes.

the Paying Agency shall be submitted for arbitration to

the Malta Arbitration Centre in terms of the Arbitration

Act and shall be determined in accordance with the

provisions of the Arbitration Act.

(2) Any pending disputes shall be re-

submitted to the Malta Arbitration Centre in terms of the

Arbitration Act and shall be determined in accordance

with the provisions of the Arbitration Act.” .

10. For Annex I to the principal regulations there shall be

substituted the following

“ANNEX 1

Regulation 8

IACS-BASED SCHEMES

MAIN REGULATIONS

Council Regulation (EC) No 73/2009 of 19 January 2009

establishing common rules for direct support schemes for

farmers under the common agricultural policy and establishing

certain support schemes for farmers, amending Regulations

(EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and

repealing Regulation (EC) No 1782/2003.

Commission Regulation (EC) 1120/2009 of 29 October 2009

laying down detailed rules for the implementation of the single

payment scheme provided for in Title III of Council Regulation

(EC) No 73/2009 establishing common rules for direct support

schemes for farmers under the common agricultural policy and

establishing certain support schemes for farmers.

Commission Regulation (EC) No 1121/2009 of 29 October

2009 laying down detailed rules for the application of Council

Regulation (EC) No 73/2009 as regards the support schemes for

farmers provided for in Titles IV and V thereof.

Commission Regulation (EC) No 1122/2009 of 30 November

2009 laying down detailed rules for the implementation of Council

Regulation (EC) No 73/2009 as regards cross-compliance,

modulation and the integrated administration and control system,

under the direct support schemes for farmers provided for

that Regulation, as well as for the implementation of Council

Regulation (EC) No 1234/2007 as regards cross-compliance under

the support scheme provided for the wine sector.

SINGLE PAYMENT SCHEME

Council Regulation (EC) No 1182/2007 of 26 September

2007 laying down specific rules as regards the fruit and vegetable

sector, amending Directives 2001/112/EC and 2001/113/EC and

Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96,

(EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006

and repealing Regulation (EC) No 2202/96.

Council Regulation (EC) No 479/2008 of 29 April 2008

on the common organisation of the market in wine, amending

Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No

1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No

2392/86 and (EC) No 1493/1999.

AXIS 2

Council Regulation (EC) No 1698/2005 of 20 September

2005 on support for rural development by the European

Agricultural Fund for Rural Development.

Council Regulation (EC) No 74/2009 of 19 January 2009

amending Regulation (EC) No 1698/2005 on support for rural

development by the European Agricultural Fund for Rural

Development (EAFRD).

Commission Regulation (EC) No 1974/2006 of 15 December

2006 laying down detailed rules for the application of Council

Regulation (EC) No 1698/2005 on support for rural development

by the European Agricultural Fund for Rural Development

(EAFRD)

Commission Regulation (EC) No 1975/2006 of 7 December

2006 laying down detailed rules for the implementation of Council

Regulation (EC) No 1698/2005 as regards the implementation of

control procedures as well as cross-compliance in respect of rural

development support measures.

NON-IACS SCHEMES

MAIN REGULATION

Council Regulation (EC) No 1234/2007 of 22 October 2007

establishing a common organization of agricultural markets and on

specific provisions for certain agricultural products (Single CMO

Regulation).

AID TO BEEKEPERS

Council Regulation (EC) No 797/2004 of 26 April 2004 on

measures improving general conditions for the production and

marketing of apiculture products.

Commission Regulation (EC) No 917/2004 of 29 April

2004 on detailed rules to implement Council Regulation (EC)

No 797/2004 on measures improving general conditions for the

production and marketing of apiculture products.

Commission Regulation (EC) No 811/2007 of 11 July 2007

amending Regulation (EC) No 917/2004 of 29 April 2004 on

detailed rules to implement Council Regulation (EC) No 797/2004

on measures improving general conditions for the production and

marketing of apiculture products.

Commission Regulation (EC) 939/2007 of 7 August 2007

amending Regulation (EC) No 917/2004 laying down detailed

rules for the application of Council Regulation (EC) No 797/2004

on measures improving general conditions for the production and

marketing of apiculture products.

AID TO PO’S AND PG’S

Council Regulation EC 2200/96 of 28 October 1996 on the

common organisation of the market in fruit and vegetables.

Council Regulation (EC) No 2201/96 of 28 October 1996

on the common organization of the markets in processed fruit and

vegetable products.

Council Regulation (EC) No 1182/2007 of 26 September

2007 laying down specific rules as regards the fruit and vegetable

sector, amending Directives 2001/112/EC and 2001/113/EC

and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No

2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No

318/2006 and repealing Regulation (EC) No 2202/96.

Commission Regulation EC 1580/2007 of 21 December 2007

laying down implementing rules of Council Regulations (EC)

2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and

vegetable sector.

AID TO THE DEPRIVED

Commission Regulation (EC) No 983/2008 of 3 October

2008 adopting the plan allocating to the Member States resources

to be charged to the 2009 budget year for the supply of food from

intervention stocks for the benefit of the most deprived persons in

the Community.

Commission Regulation (EU) No 807/2010 of 14 September

2010 laying down detailed rules for the supply of food from

intervention stocks for the benefit of the most deprived persons in

the Union.

SCHOOL MILK SCHEME

Council Regulation (EC) No 1255/1999 of 17 May 1999 on

the common organisation of the market in milk and milk products.

Commission Regulation (EC) No 2707/2000 of 11 December

2000 laying down rules for applying Council Regulation (EC)

No 1255/1999 as regards Community aid for supplying milk and

certain milk products to pupils in educational establishments.

Commission Regulation (EC) No 657/2008 of 10 July 2008

laying down detailed rules for applying Council Regulation (EC)

No 1234/2007 as regards Community aid for supplying milk and

certain milk products to pupils in educational establishments.

Commission Regulation (EC) No 966/2009 of 15 October

2009 amending Regulation (EC) No 657/2008 laying down rules

for applying Council Regulation (EC) No 1234/2007 as regards

Community aid for supplying milk and certain milk products to

pupils in educational establishments.

SCHOOL FRUIT SCHEME

Commission Regulation (EC) No 288/2009 of 7 April 2009

laying down detailed rules for applying Council Regulation (EC)

No 1234/2007 as regards Community aid for supplying fruit and

vegetables, processed fruit and vegetables and banana products

to children in educational establishments, in the framework of a

School Fruit Scheme.

IMPORTS AND EXPORTS

Commission Regulation (EC) No 2220/85 of 22 July 1985

laying down common detailed rules for the application of the

system of securities for agricultural products.

Commission Regulation (EC) No 1342/2003 of 28 July 2003

laying down special detailed rules for the application of the system

of import and export licences for cereals and rice.

Commission Regulation (EC) No 376/2008 of 23 April 2008

laying down common detailed rules for the application of the

system of import and export licences and advance fixing certificates

for agricultural products.

IMPORTS

Council Regulation (EC) No 774/94 of 29 March 1994

opening and providing for the administration of certain Community

tariff quotas for high-quality beef, and for pigmeat, poultrymeat,

wheat and meslin, and brans, sharps and other residues.

Commission Regulation (EC) No 327/98 of 10 February 1998

opening and providing for the administration of certain tariff quotas

for imports of rice and broken rice.

Commission Regulation (EC) No 2014/2005 of 9 December

2005 on licences under the arrangements for importing bananas

into the Community in respect of bananas released into free

circulation at the common customs tariff rate of duty.

Commission Regulation (EC) No 179/2006 of 1 February

2006 introducing a system of import licences for apples imported

from third countries.

Commission Regulation (EC) No 950/2006 of 28 June 2006

laying down detailed rules of application for the 2006/2007,

2007/2008 and 2008/2009 marketing years for the import

and refining of sugar products under certain tariff quotas and

preferential agreements.

Commission Regulation (EC) No 1979/2006 of 22 December

2006 opening and providing for the administration of tariff quotas

for preserved mushrooms imported from third countries.

Commission Regulation (EC) No 341/2007 of 29 March 2007

opening and providing for the administration of tariff quotas and

introducing a system of import licences and certificates of origin

for garlic and certain other agricultural products imported from

third countries.

Commission Regulation (EC) No 533/2007 of 14 May 2007

opening and providing for the administration of tariff quotas in the

poultrymeat sector.

Commission Regulation (EC) No 1385/2007 of 26 November

2007 laying down detailed rules for the application of Council

Regulation (EC) No 774/94 as regards opening and providing for

the administration of certain Community tariff quotas for poultry

meat.

Commission Regulation (EC) No 431/2008 of 19 May 2008

opening and providing for the administration of an import tariff

quota for frozen meat of bovine animals covered by CN code 0202

and products covered by CN code 02062991.

EXPORTS

Council Regulation (EC) No 1255/1999 of 17 May 1999 on

the common organisation of the market in milk and milk products.

Council Regulation (EC) No 3448/93 of 6 December 1993

laying down the trade arrangements applicable to certain goods

resulting from the processing of agricultural products.

Commission Regulation (EC) No 1043/2005 of 30 June 2005

implementing Council Regulation (EC) No 3448/93 as regards the

system of granting export refunds on certain agricultural products

exported in the form of goods not covered by Annex I to the Treaty,

and the criteria for fixing the amount of such refunds.

Commission Regulation (EC) No 1282/2006 of 17 August

2006 laying down special detailed rules for the application of

Council Regulation (EC) No 1255/1999 as regards export licences

and export refunds for milk and milk products.

Commission Regulation (EC) No 612/2009 of 7 July 2009

on laying down common detailed rules for the application of the

system of export refunds on agricultural products.

PROMOTION PROGRAMMES FOR AGRICULTURE

Council Regulation (EC) No 3/2008 of 17 December 2007

on information provision and promotion measures for agricultural

products on the internal market and in third countries.

Commission Regulation (EC) No 501/2008 of 5 June

2008 laying down detailed rules for the application of Council

Regulation (EC) No 3/2008 on information provision and

promotion measures for agricultural products on the internal

market and in third countries.

Commission Regulation (EC) No 698/2009 of 31 July 2009

derogating, for information and promotion programmes for milk

and milk products aimed at the internal market, from Regulation

(EC) No 501/2008 laying down detailed rules for the application

of Council Regulation (EC) No 3/2008 on information provision

and promotion measures for agricultural products on the internal

market and in third countries.

RD PROJECT TYPE MEASURES

Council Regulation (EC) No 1698/2005 of 20 September 2005

on support for rural development by the European Agricultural

Fund for Rural Development (EAFRD).

Council Regulation (EC) No 834/2007 of 28 June 2007 on

organic production and labelling of organic products and repealing

Regulation (EEC) No 2092/91.

Council Regulation (EC) No 74/2009 of 19 January 2009

amending Regulation (EC) No 1698/2005 on support for rural

development by the European Agricultural Fund for Rural

Development (EAFRD).

Commission Regulation (EC) No 1628/2006 of 24 October

2006 on the application of Articles 87 and 88 of the Treaty to

national regional investment aid.

Commission Regulation (EC) No 1974/2006 of 15 December

2006 laying down detailed rules for the application of Council

Regulation (EC) No 1698/2005 on support for rural development

by the European Agricultural Fund for Rural Development

(EAFRD) and subsequent amendment.

Commission Regulation (EC) No 1975/2006 of 7 December

2006 laying down detailed rules for the implementation of Council

Regulation (EC) No 1698/2005, as regards the implementation of

control procedures as well as cross-compliance in respect of rural

development support measures.

FINANCIAL MANAGEMENT

Council Regulation (EC, Euratom) No 2988/95 of 18

December 1995 on the protection of the European Communities

financial interests.

Commission Regulation (EC) No 1848/2006 of 14 December

2006 concerning irregularities and the recovery of sums wrongly

paid in connection with the financing of the common agricultural

policy and the organisation of an information system in this field

and repealing Council Regulation (EEC) No 595/91.

Commission Regulation (EC) 259/2008 of 18 March

2008 laying down detailed rules for the application of Council

Regulation (EC) No 1290/2005 as regards the publication of

information on the beneficiaries of funds deriving from the

European Agricultural Guarantee Fund (EAGF) and the European

Agricultural Fund for Rural Development (EAFRD).

Commission Regulation (EC) No 884/2009 of 23 September

2009 laying down form and content of the accounting information

to be submitted to the Commission for the purpose of the clearance

of the accounts of the EAGF and EAFRD as well as for monitoring

and forecasting purposes.” .

11. Annex II to the principal regulations shall be deleted.

B

€1.21