The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023

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

3.—(1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1) is amended in accordance with paragraphs (2) to (11).

(2) In Article 9(2) (origin of eligible products), at the end, insert—

“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 buying-in under public intervention or” were omitted.”.

(3) In Article 11(3) (products eligible for public intervention) at the end, insert—

“This Article ceases to apply in Scotland in relation to public intervention schemes, 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 Article 12(4) (public intervention periods) at the end, insert—

“This Article ceases to apply in Scotland in relation to public intervention schemes, 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.”.

(5) After Article 13(6)(5) (public intervention) insert—

“7.   This Article ceases to apply in Scotland in relation to public intervention schemes, 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.”.

(6) In Article 14(6) (buying-in at a fixed price or tendering), at the end, insert—

“This Article ceases to apply in Scotland in relation to public intervention schemes, 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.”.

(7) In Article 15(7) (public intervention price), after paragraph 3, insert—

“4.   This Article ceases to apply in Scotland in relation to public intervention schemes, 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.”.

(8) In Article 16(8) (general principles on disposal from public intervention), after paragraph 4, insert—

“5.   This Article ceases to apply in Scotland in relation to public intervention schemes, 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.”.

(9) In Article 17(9) (eligible products), at the end, insert—

“The second paragraph ceases to apply in relation to Scotland on 1 July 2023.”.

(10) In Article 19(10) (delegated powers)—

(a) after paragraph 3A, insert—

“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.”,

(b) after paragraph 5B, insert—

“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.”,

(c) after paragraph 7, insert—

“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”.”.

(11) In Article 20(11) (implementing powers in accordance with the examination procedure), at the end, insert—

“This Article 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.

In relation to private storage aid schemes in Scotland, point (o) is to be read as if point (ii) were omitted.”.

(1)

EUR 1308/2013, relevantly amended by S.I. 2019/823, S.I. 2019/821, S.I. 2019/831, S.I. 2020/1445 and S.S.I 2022/361.

(2)

Article 9 is relevantly amended by S.I. 2019/821. Additional text is inserted by S.I. 2023/124, which extends to England and Wales.

(3)

Article 11 is relevantly amended by S.I. 2019/821. Additional text is inserted by S.I. 2023/124, which extends to England and Wales.

(4)

Additional text is inserted into Article 12 by S.I. 2023/124, which extends to England and Wales.

(5)

Article 13 is substituted by S.I. 2019/831. Paragraphs 4A and 6 are inserted by S.I. 2023/124, which extends to England and Wales and S.I. 2022/361.

(6)

Article 14 is substituted by S.I. 2019/831.

(7)

Article 15 is substituted by S.I. 2019/831. Paragraph 3 is inserted by S.I. 2023/124, which extends to England and Wales.

(8)

Article 16 is relevantly amended by S.I. 2019/831. Paragraph 4 is inserted by S.I. 2023/124, which extends to England and Wales.

(9)

Article 17 is relevantly amended by S.I. 2019/831 and S.I. 2022/361. Additional text is inserted by S.I. 2023/124, which extends to England and Wales.

(10)

Article 19 is relevantly amended by S.I. 2019/831. Paragraphs 3A, 5A, 5B and 7 are inserted by S.I. 2023/124, which extends to England and Wales.

(11)

Article 20 is relevantly amended by S.I. 2019/831.