Paying Agency (Amendment) Regulations, 2024

L.N. 14 of 2024

AGRICULTURE AND FISHING INDUSTRIES

(FINANCIAL ASSISTANCE ACT)

(CAP. 146)

Paying Agency (Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 7 of the

Agriculture and Fishing Industries (Financial Assistance) Act, the

Minister responsible for agriculture with the concurrence of the

Minister responsible for finance, has made the following regulations:-

The title of these regulations is the Paying Agency Citation.

(Amendment) Regulations, 2024 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".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) in the definition ""Agency" or "Paying Agency"" the

words "for Sustainable Development, the Environment and

Climate Change;" shall be substituted by the words "responsible

for agriculture;";

(b) the definition "competent authority"

shall

be

substituted by the following new definition

" "competent authority" means

the

Ministry

responsible for European Union funds;";

(c) immediately after the definition "EAGF" there shall

be added the following new definition

"farmer" means a person performing or seeking to

perform agricultural work or managing that work on a

portion of agricultural land;";

(d) immediately after the definition ""fund" or "funds""

there shall be added the following new definition

""Head" or "Head of the Paying Agency" means the

person responsible for the running of the Paying Agency;";

and

(e)

in the definition "Manual of Procedure" the word

"regulations" shall be substituted by the word "laws".

Regulation 3 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof the words "Regulation

(EU) No. 1306/2013 of the European Parliament and of the

Council." shall be substituted by the words "Regulation (EU)

2021/2115 of the European Parliament and of the Council of 2

December 2021 establishing rules on support for strategic plans

to be drawn up by Member States under the common agricultural

policy (CAP Strategic Plans) and financed by the European

Agricultural Guarantee Fund (EAGF) and by the European

Agricultural Fund for Rural Development (EAFRD) and

repealing Regulations (EU) No 1305/2013 and (EU) No 1307/

2013 and Regulation (EU) 2021/2116 of the European

Parliament and of the Council of 2 December 2021 on the

financing, management and monitoring of the common

agricultural policy and repealing Regulation (EU) No 1306/

2013, as in force from time to time.";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) The Paying Agency shall at all times

perform its functions in accordance with the criteria

laid down in Annex I of Commission Delegated

Regulation (EU) 2022/127 of 7 December 2021

supplementing Regulation (EU) 2021/2116 of the

European Parliament and of the Council with rules on

paying agencies and other bodies, financial

management, clearance of accounts, securities and use

of euro, and subject to it being accredited by the

competent authority in accordance with those criteria

Provided that the Paying Agency shall

suspend the exercise of its functions if said

accreditation is withdrawn or not in force.";

(c)

sub-regulation (3) thereof shall be deleted; and

(d)

immediately after sub-regulation (5) thereof there

shall be added the following new sub-regulations

"(6) The Paying Agency may issue guidance

notes or rules, or other forms of documents in relation

to any aid, measure, scheme or payments

administered by it, as may be indicated in the same

documents.

(7) Any document issued by the Paying

Agency in accordance with sub-regulation (6) and the

contents thereof shall be binding upon all parties in

accordance with the law.".

Immediately after regulation 3 of the principal regulations Adds new

there shall be added the following new regulations

3A. (1) Officers of the Paying Agency may

request any information from the applicants,

beneficiaries of aid, registered farmers or in the

process to be registered with the Paying Agency, and

as related to or necessary for

(a) ascertaining the identity of any

person, the titles or claims thereof made in

relation to land registered or in the process of

being registered in their favour with the Paying

Agency;

(b) determining

compliance

with

obligations arising ex lege or contractually with

the Paying Agency or for which the Paying

Agency has any responsibility related to

supervision,

verification,

control

or

enforcement;

(c) determining and applying any

administrative penalties, or for ascertaining any

payments due to the Paying Agency or any other

debit in favour of the Paying Agency; and

(d) investigating

any

contestation

related to farmers registered or in the process of

being registered with the Paying Agency.

(2) If the Paying Agency is satisfied that a

person is the owner or emphyteuta of an agricultural

land, or has been so identified by a farmer registered

with the Paying Agency, it may disclose to that person

all information in its records and in relation to that

land and to any other person registered or having

shown an interest in that agricultural land

Provided that the Head may prescribe the

relevant procedures and requisites to give effect to

any right in accordance with this sub-regulation

Provided further that without prejudice to

this sub-regulation, the officers of the Paying Agency

shall not effect any disclosure of information without

an order to do so by a judicial authority or without an

express obligation to do so in accordance with the

law.

3B. The Paying Agency and its officers and

employees and, or other persons acting in its interest

shall not be held liable for anything done or omitted to

be done in the discharge or purported discharge of any

function related to the responsibilities of the Paying

Agency, unless the act or omission is proven to have

been done or omitted to be done, as the case may be,

in bad faith.".

Regulation 8 of the principal regulations shall be

substituted by the following new regulation

The Paying Agency shall implement the

schemes in terms of procedures adopted in accordance

with all applicable provisions of the Common

Agricultural Policy in accordance with the Treaty as

defined in the European Union Act and other schemes

as established by the Minister responsible for

agriculture.".

6. Regulation 13 of the principal regulations shall be amended

as follows

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) the words "Any dispute arising from claims

made to the Paying Agency" shall be substituted by the

words "Any dispute against a decision by the Paying

Agency on payment claims"; and

(ii) the words "the expiry of that time." shall be

substituted by the words "the expiry of that time:" and

immediately after there shall be added the following new

provisos

"Provided that the provisions of this

regulation shall not apply to any claim brought

forward by the Paying Agency against any applicant,

beneficiary or any other person

Provided further that the Paying Agency

may set up internal committees made up of its own

officers to receive submissions by applicants or

beneficiaries on claims brought forward against them

by the Paying Agency and solely for the purpose of

providing recommendations to the Head on whether it

is advisable for the Paying Agency to reconsider any

claim it had so made

Provided further that such committees

shall be regulated by such terms of references as may

be prescribed by the Head and that any decision as to

the subject matter of any submissions made to those

committees and their proceedings, is to be taken by

the Head and shall be so presumed to be taken by the

Head for all purposes of the law.";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) Where a dispute on a registration with the

Paying Agency concerns the determination of which

farmer contesting a registration of agricultural land is

legally entitled to engage in agricultural activity

thereon, such dispute shall be resolved through

arbitration between the contestants alone

Provided that any arbitration award given

shall be without prejudice to any other lawful

impediment against any registration with the Paying

Agency, or the processing of any other application

submitted to the Paying Agency in accordance with

any applicable law."; and

(c) sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) In the case of an arbitration in

accordance with sub-regulation (2), the Paying

Agency shall be notified of the decision of the

arbitrator once it is confirmed as a final and binding

decision or if an appeal has been filed

Provided that the Paying Agency shall

also be provided with a copy of all the acts of the

proceedings when requested by it

Provided further that no obligation as may

be applicable to arbitration proceedings for the

purposes of restricting any disclosure shall apply or

be deemed to be violated by whoever effects the

required disclosure

Provided further that for the purposes of

any notification or disclosure it shall suffice if the

relevant copies of the documents are sent to the Head

in electronic format and certified as true copies of the

original by a public officer of the competent body.".

€0.54