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

CHAPTER 1 Common Market Organisation Framework Amendments

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

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)(1)—

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

(b) in point (ii)(2)—

(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(3) may make regulations(4) 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 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 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 may make regulations”.

(6) In Article 123—

(a) in the first sentence, for “Commission may adopt implementing acts” substitute “appropriate authority may make regulations”;

(b) omit the second sentence.

(7) In Article 125(4)(5), 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)(6), 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 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”.

Amendment of Council Regulation (EU) No 1370/2013

3.—(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 1, in the second subparagraph(7), for point (c)(ii)(8) substitute—

“(ii) the Secretary of State:

(aa) in relation to Wales, other than in relation to Article 5, if consent is given by the Welsh Ministers;

(bb) in relation to Scotland, if consent is given by the Scottish Ministers;

(cc) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.

(3) In Article 1a(1)(d) and (f), omit “Union”.

(4) In Article 5(2)—

(a) for the second subparagraph substitute—

“The appropriate authority may make regulations(9) fixing the maximum level of aid per category of such costs as a percentage of the aid granted by the relevant authority under Article 23 of Regulation (EU) No 1308/2013 or as a percentage of the costs of the products concerned.”.

(b) omit the third subparagraph.

(1)

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

(2)

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

(3)

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.

(4)

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.

(5)

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

(6)

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

(7)

The second subparagraph is inserted by S.I. 2019/821.

(8)

Point (c) is inserted by S.I. 2019/831.

(9)

The procedures for making regulations under powers in Regulation (EU) No 1370/2013 are set out in Article 15 of that Regulation, which is inserted by S.I. 2019/831.