Paying Agency (Amendment) Regulations, 2014

L.N. 296 of 2014

AGRICULTURE AND FISHING INDUSTRIES

(FINANCIAL ASSISTANCE) ACT

(CAP 146)

Paying Agency (Amendment) Regulations, 2014

IN exercise of the powers conferred by article 7 of the

Agriculture and Fishing Industries (Financial Assistance) Act, the

Minister for Sustainable Development, the Environment and Climate

Change, with the concurrence of the Minister for Finance, has made

the following regulations:-

The title of these regulations is the Paying Agency Citation.

(Amendment) Regulations, 2014, and these regulations shall be read

and construed as one with the Paying Agency Regulations, S.L. 146.03

hereinafter referred to as "the principal regulations".

In the Maltese version of the title and of regulation 1 of the Amends the title

principal regulations, for the words "Aġenzija ta’ Pagamenti" there and

of the principal

shall be substituted the words "Aġenżija għall-Pagamenti".

regulations.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

the definition " "the Agency" or "the Paying

Agency" " shall be substituted by the following

" "Agency " or "Paying Agency" means the

Agriculture and Rural Payments Agency within the

Ministry for Sustainable Development, the Environment

and Climate Change;"; and

(b) the definition "competent authority" shall be

substituted by the following

" "competent authority" means the Directorate for

Policy Development and Programme Implementation

within the Ministry for European Affairs and

Implementation of the Electoral Manifesto;";

(ċ)

in the Maltese version of the definition "Manwal ta’

Proċedura", for the words "Aġenzija ta’ Pagamenti" there shall

be substituted the words "Aġenżija għall-Pagamenti"; and

(d) in the Maltese version of the definition "uffiċjal

awtorizzat", for the words "Aġenzija ta’ Pagamenti" there shall

be substituted the words "Aġenżija għall-Pagamenti".

Regulation 3 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (1) thereof for the words "Council

Regulation (EC) No. 1290/2005" there shall be substituted the

words "Regulation (EU) No. 1306/2013 of the European

Parliament and the Council"; and

(b) in the Maltese versions of sub-regulations (1), (2),

(3), (4) and (5)(a), (b) and (c), for the words "Aġenzija ta’

Pagamenti" there shall be substituted the words "Aġenżija għall-

Pagamenti".

Regulation 8 of the principal regulations shall be

substituted by 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 under the

Common Agricultural Policy and other schemes as established

by the Minister responsible for agriculture.".

Regulation 13 of the principal regulations shall be

substituted by the following

" Settlement of

(1) Any dispute arising from

disputes.

claims made to the Paying Agency shall be

settled by arbitration and shall be referred to

arbitration as provided in the Fourth Schedule

to the Arbitration Act within twenty days from

the date when a person has been informed by

the Paying Agency of its decision or from the

publication of its decision accordingly, and no

person may bring any action against the Paying

Agency after the expiry of that time.

(2) Where the dispute concerns the

determination of the working farmer portion of

agricultural land and, or has the management of

a portion of agricultural land, such dispute shall

be settled between the farmers themselves and

shall be settled by arbitration.

(3) If, in respect of the same portion of

land, more than one farmer applies at the

Paying Agency for the grant of some kind of

assistance, the Paying Agency shall give neither

farmer any assistance until the matter has been

definitively resolved as stipulated in sub-

regulation (2)

Provided that the provisions of this

sub-regulation shall not apply in the event that

the parties submit a joint declaration stating

who is working the field or is otherwise entitled

to the grant under such terms, provisions and,

or conditions applicable to

Provided further that no party may

ask to receive previous aids and may take no

action for damages against the Paying Agency

if the Paying Agency acts under the provisions

of this sub-regulation.

(4) In the case of arbitration under sub-

regulation (2), the Paying Agency shall be

notified of the decision of the arbitrator.

(5) In any dispute which may arise and

which, in accordance with this regulation,

should be referred to arbitration, the provisions

of the Arbitration Act or of any rules made

thereunder, relating to mandatory arbitration,

shall apply.".

7. Immediately after regulation 13 of the principal Adds a new

regulation to the

regulations, there shall be added the following new regulation

principal

regulations.

" Transitory

These regulations shall apply to

provision.

arbitrations instituted after the coming into

force of these regulations; pending arbitrations

shall continue to be governed by the regulations

as in effect before the coming into force of

these regulations

Provided that, with regards to

pending arbitrations, no party may ask to

receive previous aid or take any action for

damages against the Paying Agency in cases

where the Paying Agency decides not to give

assistance to a farmer for the reasons listed in

regulation 13(3).".

8. Annex 1 to the principal regulations shall be deleted.

Deletes Annex 1

to the principal

regulations.

€0.36