The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Citation | SI 2023/124 |
| Year | 2023 |
2023 No. 124
Agriculture, England
The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023
Made 7th February 2023
Laid before Parliament 7th February 2023
Coming into force in accordance with regulation 1(2)
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 22(1), (2)(a) and (b) and (4), and section 50(3) of the Agriculture Act 20201.
PART 1
Introductory
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023.
(2) These Regulations come into force—
(a)
(a) as regards Parts 1 and 2, at 9.00 a.m. on 28thFebruary 2023;
(b)
(b) otherwise, at 9.10 a.m. on 28th February 2023.
(3) These Regulations extend to England and Wales.
PART 2
Amendment of Regulation (EU) No 1308/2013 of the European Parliament and of the Council
2. In Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products2, in Article 13 (public intervention), after paragraph 4, insert—
“
4A. In relation to England, paragraph 4 is to be read as if for “Article 7(1)” there were substituted 3“Article 1a(1) of Council Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products3”.
PART 3
Other amendments to retained direct EU legislation
Regulation (EU) No 1306/2013 of the European Parliament and of the Council
3.—(1) Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy4is amended as follows.
(2) In Article 7 (designation of paying agencies and coordinated action by relevant authorities), after paragraph 5, insert—
“
5A. Paragraph 5 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(3) In Article 8 (commission powers), after paragraph 1, insert—
“
1A. Paragraph 1 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(4) In Article 20, (public intervention expenditure) after paragraph 3, insert—
“
3A. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(5) In Article 46 (commission powers), after paragraph 6, insert—
“
7. Paragraph 6 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(6) In Article 62 (powers as regards checks), after paragraph 2, insert—
“
3. Point (i) of paragraph 2 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
Regulation (EU) No 1308/2013 of the European Parliament and of the Council
4.—(1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products is amended as follows.
(2) In Article 9 (origin of eligible products), at the end, insert—
“
In relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020, the first paragraph is to be read as if “for buying-in under public intervention or” were omitted.
(3) In each of Articles 11 (products eligible for public intervention) and 12 (public intervention periods), at the end, insert—
“
This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(4) In Article 13 (public intervention), after paragraph 5, insert—
“
6. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(5) In Article 14 (buying-in at a fixed price or tendering), at the end, insert—
“
This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(6) In Article 15 (public intervention price), after paragraph 2, insert—
“
3. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(7) In Article 16 (general principles on disposal from public intervention), after paragraph 3, insert—
“
4. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(8) In Article 17 (eligible products), at the end, insert—
“
The second paragraph does not apply in relation to England.
(9) In Article 19 (delegated powers)—
(a)
(a) after paragraph 3, insert—
“
3A. Paragraphs 1 to 3 do not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
”;
(b)
(b) after paragraph 5, insert—
“
5A. Paragraph 5 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
5B. In relation to private storage aid schemes in England, paragraph 5 is to be read as if point (c) were omitted.
”;
(c)
(c) at the end, insert—
“
7. In relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020, or in relation to private storage aid schemes in England, the first subparagraph of paragraph 6 is to be read as if, for “the market intervention measures”, there were substituted “aid for private storage”.
(10) In Article 20 (implementing powers in accordance with the examination procedure), at the end, insert—
“
This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
In relation to private storage aid schemes in England, point (o) is to be read as if point (ii) were omitted.
Council Regulation (EU) No 1370/2013
5.—(1) Council Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products is amended as follows.
(2) In Article 1a (reference thresholds), after paragraph 3, insert—
“
4. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(3) In Article 2 (public intervention prices), after paragraph 3, insert—
“
4. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(4) In Article 3 (buying-in prices and applicable quantitative limitations), after paragraph 4, insert—
“
4A. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
Commission Delegated Regulation (EU) No 907/2014
6.—(1) Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro5is amended as follows.
(2) In Article 3 (obligations of the paying agency as regards public intervention), after paragraph 4, insert—
“
4A. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.
(3) In Article 4 (inventory), after paragraph 2, insert—
“
3. This Article does not apply in...
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