Agriculture Act 2020

PART 2 Intervention in agricultural markets

Exceptional market conditions: powers available to DAERA

8 (1) Where DAERA considers that—

(a) there is a severe disturbance in agricultural markets or a serious threat of a severe disturbance in agricultural markets, and

(b) the disturbance or threatened disturbance has, or is likely to have, a significant adverse effect on agricultural producers in Northern Ireland in terms of the prices achievable for one or more agricultural products,

DAERA may give, or agree to give, financial assistance to agricultural producers in Northern Ireland whose incomes are being, or are likely to be, adversely affected by the disturbance in agricultural markets.

(2) DAERA may also make such use as DAERA considers appropriate of any available powers under retained direct EU legislation which provides for the operation of public intervention and aid for private storage mechanisms, as an alternative to, or in conjunction with, financial assistance under sub-paragraph (1).

(3) Financial assistance under sub-paragraph (1) may be given by way of grant, loan or guarantee or in any other form.

(4) The financial assistance may be given subject to such conditions as DAERA considers appropriate.

(5) The conditions may (among other things) include provision under which the financial assistance is to be repaid or otherwise made good (with or without interest).

(6) In this paragraph a reference to agricultural markets, agricultural products or agricultural producers includes horticultural markets, horticultural products or horticultural producers (as the case may be).

Power to modify retained direct EU legislation relating to public market intervention and private storage aid

9 (1) DAERA may by regulations modify retained direct EU legislation relating to public market intervention or aid for private storage, for either or both of the following purposes—

(a) securing that provisions of such legislation cease to have effect in relation to Northern Ireland;

(b) altering the operation of provisions of such legislation, so far as they have effect in relation to Northern Ireland (pending the achievement of the purpose in paragraph (a) in relation to those provisions).

(2) The power conferred by sub-paragraph (1) includes power to change the agricultural products that are eligible for public market intervention or aid for private storage.

(3) Regulations under this paragraph are subject to affirmative resolution procedure.

(4) In this paragraph “retained direct EU legislation relating to public market intervention or aid for private storage” includes—

(a) Articles 8 to 18 of the CMO Regulation;

(b) Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (so far as relating to public market intervention and aid for private storage);

(c) the following Commission Regulations (so far as relating to public market intervention and aid for private storage)—

(i) Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing the CMO Regulation with regard to public intervention and aid for private storage;

(ii) Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of the CMO Regulation with regard to public intervention and aid for private storage;

(iii) Commission Delegated Regulation (EU) 2017/1182 of 20 April 2017 supplementing the CMO Regulation as regards the Union scales for the classification of beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals.