The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019

Amendment of Regulation (EU) No 1308/2013 of the European Parliament and of the Council U.K.

2.—(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 3(5)(c) M1 —

(a) in point (i), at the beginning, insert “ subject to point (ii), ”;

(b) in point (ii) M2 —

(i) before point (aa) insert—

“(zaa) in relation to regulations made under Articles 122, 123, 166(b), 174(1) or 223, where the subject matter is outside devolved competence;”;

(ii) in point (aa), after “22,” insert “ 23, ”.

(3) In Article 23—

(a) in paragraph 1, in the second subparagraph—

(i) for the words from “Council shall” to “lay down” substitute “ appropriate authority M3 may make regulations M4 setting ”;

(ii) omit “Union”.

(b) in paragraph 5, for the third subparagraph substitute—

“The appropriate authority may make regulations fixing the level of aid for the milk component of the distributed product.”.

(4) Omit Article 34(3)(f).

(5) In Article 122—

(a) in paragraph 1—

(i) in the words before point (a), for the words from “Commission” to “Article 227” substitute “ appropriate authority [F1 in England, Wales or Scotland] may make regulations ”;

(ii) omit point (b)(iii);

(iii) omit point (c)(ii);

(iv) omit point (d)(iii);

(b) in paragraph 2, for the words from “Commission” to “Article 227” substitute “ appropriate authority [F1 in England, Wales or Scotland] may make regulations ”;

(c) omit paragraph 3;

(d) in paragraph 4—

(i) for “Union” substitute “ United Kingdom ”;

(ii) for the words from “Commission” to “Article 227” substitute “ appropriate authority [F1 in England, Wales or Scotland] may make regulations ”.

(6) In Article 123—

(a) in the first sentence, for “Commission may adopt implementing acts” substitute “ appropriate authority [F2 in England, Wales or Scotland] may make regulations ”;

(b) omit the second sentence.

(7) In Article 125(4) M5 , at the end, insert the following subparagraph—

“In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the appropriate authority may make regulations to update the terms referred to in Section A of Part 2 of Annex 2 so far as the terms apply in relation to a matter that is not outside devolved competence.”.

(8) In Article 166, for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”.

(9) In Article 174(1) M6 , at the end, insert the following subparagraph—

“The appropriate authority may make regulations laying down procedures and technical conditions as regards the implementation of the measures referred to in Article 166.”.

(10) In Article 177—

(a) in paragraph 1—

(i) for “Union”, in the first place it occurs, substitute “ United Kingdom ”;

(ii) omit “Union”, in the second place it occurs;

(iii) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(b) in paragraph 2—

(i) in the words before point (a), for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(ii) in point (d), omit the words from “and the principle” to the end.

(11) In Article 178—

(a) in the first paragraph—

(i) in the words before point (a), for “Commission shall adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit point (h);

(b) omit the second paragraph.

(12) In Article 179—

(a) in the first paragraph, for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(b) omit the second paragraph.

(13) After Article 179, insert—

“Article 179A U.K. Regulations

1.   The Secretary of State may not make regulations under Articles 177, 178 or 179 without the consent of:

(a) where the subject matter is within devolved competence in relation to Wales, the Welsh Ministers;

(b) where the subject matter is within devolved competence in relation to Scotland, the Scottish Ministers;

(c) where the subject matter is within devolved competence in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

2.   Where any of the parties mentioned in paragraph 1(a) to (c) requests that the Secretary of State make regulation under Articles 177, 178 or 179, the Secretary of State must have regard to that request where the subject matter of the requested regulations is within devolved competence in relation to the relevant constituent nation.”.

(14) In Article 223—

(a) in paragraph 1, in the first subparagraph—

(i) for “CAP”, in both places it occurs, substitute “ agricultural support ”;

(ii) omit “concluded in accordance with the TFEU”;

(iii) for the words from “Commission” to “adopt” substitute “ appropriate authority may make regulations adopting ”;

(iv) omit “, Member States”;

(b) in paragraph 2, in the words before point (a), for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(c) in paragraph 3—

(i) in the first subparagraph—

(aa) in the words before point (a), for “The Commission shall adopt implementing acts” substitute “ Any regulations made by the appropriate authority under this Article must include provisions ”;

(bb) in point (d), omit “the Member States,”;

(ii) omit the second subparagraph.

(15) In Article 230(1), in the second subparagraph, in points (c) and (ca), for “pursuant to the delegated acts provided for in” substitute “ under ”.

(16) In Annex 2, in Part 2, in Section A, in point 4, for “the Commission by means of delegated acts pursuant to point (a) of” substitute “ regulations made under ”.

Textual Amendments

F1 Words in reg. 2(5) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(3)(a)

F2 Words in reg. 2(6)(a) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(3)(b)

Commencement Information

I1 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 Point (c) is inserted by S.I. 2019/821.

M2 Point (ii)(aa) is amended by S.I. 2019/831.

M3 A definition of “appropriate authority” is inserted into Regulation (EU) No 1308/2013 by S.I. 2019/821, and is amended by S.I. 2019/831.

M4 The procedures for making regulations under powers in Regulation (EU) No 1308/2013 are set out in Articles 227 to 229A of that Regulation, which are inserted by S.I. 2019/831.

M5 Article 125(4) is also amended by the Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402).

M6 Article 174(1) is also amended by the Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402).