Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilShow full title

Article 19 U.K. Delegated powers

1. In order to ensure that products bought in under public intervention or subject to aid for private storage are suitable for long-term storage and are of sound, fair and marketable quality, and in order to take into account the specific characteristics of the different sectors for the purposes of ensuring the cost-effective operation of public intervention and private storage, the [F1 appropriate authority may make regulations] laying down the requirements and conditions to be met by those products, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim to guarantee, for the products bought in and stored:

(a) their quality with respect to quality parameters, quality groups, quality grades, categories, product characteristics and age;

(b) their eligibility with respect to quantities, packaging including labelling, preservation, previous storage contracts, approval of undertakings and the stage of the products to which the public intervention price and the aid for private storage applies.

2. In order to take account of the specific characteristics of the cereals and paddy rice sectors, the [F2 appropriate authority may make regulations] laying down the quality criteria as regards both buying-in and sales of common wheat, durum wheat, barley, maize and paddy rice.

3. In order to ensure appropriate storage capacity and the efficiency of the public intervention system in terms of cost-effectiveness, distribution and access for operators, and in order to maintain the quality of products bought in under public intervention for their disposal at the end of the storage period, the [F3 appropriate authority may make regulations] laying down:

(a) the requirements to be fulfilled by storage places for all products subject to public intervention;

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 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.]

[F6 3B. Paragraphs 1 to 3 cease to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.]

4. In order to ensure that aid for private storage has the desired effect on the market, the [F7 appropriate authority may make regulations] laying down:

(a) rules and conditions applicable where the quantity stored is lower than the contracted quantity;

(b) the conditions for granting an advance payment of such aid;

(c) the conditions under which it may be decided that products covered by private storage contracts may be re-marketed or disposed of.

5. In order to ensure the proper functioning of the public intervention and private storage systems, the [F8 appropriate authority may make regulations]:

(a) providing for the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;

(b) laying down the additional conditions to be fulfilled by operators in order to facilitate the effective management and control of the system for F9 ... operators;

(c) laying down the requirement for operators to lodge a security guaranteeing the fulfilment of their obligations.

[F10 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.]

[F11 5C. Paragraph 5 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.

5D. In relation to private storage aid schemes in Scotland, paragraph 5 is to be read as if point (c) has no effect.]

6. In order to take account of technical developments and of the needs of sectors referred to in Article 10, as well as of the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention measures, the [F12 appropriate authority may make regulations]:

(a) adapting and updating the provisions of Annex IV on the F13 ... scales for the classification, identification and presentation of carcasses;

(b) laying down supplementary provisions relating to classification, including by qualified classifiers, to grading, including by automated grading techniques, to identification, weighing and marking of carcasses and to the calculation of average [F14 prices in the United Kingdom] and to the weighting coefficients used in the calculation of those prices;

(c) laying down, in the beef and veal sector, derogations from provisions and specific derogations [F15 applying] to slaughterhouses in which few bovine animals are slaughtered, and additional provisions for the products concerned, including regarding the classes of conformation and fat cover and, in sheepmeat sector, further provisions as regards weight, colour of meat and fat cover and the criteria for the classification of light lambs;

[F16 (d) providing for the grading scale for classification of pig carcasses not to apply, providing for derogations from the scale, or providing for assessment criteria to be used in addition to weight and estimated lean-meat content.]

[F17 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Scotland (see section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F18 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F19 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Wales [F20 (see section 35(1) of the Agriculture (Wales) Act 2023)].]

[F21 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”.]

[F22 8. In relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023, the first paragraph is to be read as if, for “the market intervention measures”, there were substituted “aid for private storage”.]

Textual Amendments

F1 Words in Art. 19(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 19(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 19(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 19(3)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 19(3A) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(9)(a) (with reg. 10)

F6 Art. 19(3B) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(10)(a) (with reg. 10)

F7 Words in Art. 19(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(d); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 19(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 19(5)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 19(5A)(5B) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(9)(b) (with reg. 10)

F11 Art. 19(5C)(5D) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(10)(b) (with reg. 10)

F12 Words in Art. 19(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in Art. 19(6)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 19(6)(b) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in Art. 19(6)(c) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 19(6)(d) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(v); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 19(6) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(2) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F18 Words in Art. 19(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 4 (with Sch. 7 para. 16); S.I. 2022/1255, reg. 2(b)

F19 Words in Art. 19(6) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 19 (with Sch. 7 para. 31); S.I. 2022/1204, reg. 2(a)

F20 Words in Art. 19(6) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 14 (with Sch. 3 para. 18); S.I. 2023/1092, art. 2(h)

F21 Art. 19(7) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(9)(c) (with reg. 10)

F22 Art. 19(8) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(10)(c) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)