The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019

Amendment of Regulation (EU) 2016/1240 U.K.

6.—(1) Commission Implementing Regulation (EU) No 2016/1240 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage is amended as follows.

(2) For Article 1(2) substitute—

“2.   This Regulation shall apply without prejudice to specific provisions laid down in—

(a) the published tendering procedure for the buying-in of products or opening the sale of products from intervention; or

(b) the published tendering procedure for private storage or the Regulations fixing the amount of aid for private storage in advance.”.

(3) After Article 1 insert—

“Article 1A U.K. Definitions

In this Regulation—

“appropriate authority” means—

• — in relation to England, the Secretary of State;

• — in relation to Wales, the Welsh Ministers;

• — in relation to Scotland, the Scottish Ministers;

• — in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

but the appropriate authority is the Secretary of State if consent is given by—

• — in relation to Wales, for the purposes of Articles 11, 14, 32, 43 and 45 only, the Welsh Ministers;

• — in relation to Scotland, the Scottish Ministers;

• — in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(4) In Article 2—

(a) in paragraph 1, omit “of the Member State concerned”;

(b) in paragraph 2—

(i) for the words from “the” in the first place it occurs, to “submitted”, in the second place it occurs, substitute “ English, or in the case of operators from Wales, English or Welsh ”;

(ii) in point (a), for the words from “VAT” to “activity” substitute “ United Kingdom VAT registration number ”;

(c) in paragraph 3, for “Implementing Regulation opening the tendering procedure or” substitute “ published tendering procedure or the Regulation ”.

(5) In Article 3(1), for the second subparagraph substitute—

“If the average annual production of cereals in the United Kingdom is less than 20 million tonnes, the appropriate authority may apply a minimum storage capacity of 10 000 tonnes from the 2019/20 period.”.

(6) In Article 4(2), for “European” substitute “ domestic ”.

(7) In Article 5—

(a) in paragraph 1, for the words from “Member” to “maize” substitute “ If the United Kingdom has an average annual production of cereals of less than 20 million tonnes, the appropriate authority may decide to apply a minimum quantity of 120 tonnes for common wheat, barley and maize. ”;

(b) in paragraph 2, for “Member State concerned” substitute “ United Kingdom ”.

(8) In Article 7(1)—

(a) in the first paragraph, for “Implementing Regulation opening the” substitute “ published ”;

(b) in subparagraph (a)(iv), for “Union” substitute “ United Kingdom ”;

(c) in subparagraph (c)(i), for “Union” substitute “ United Kingdom ”.

(9) Omit Article 9.

(10) In Article 11(1)—

(a) for “Commission”, in each place it occurs, substitute “ appropriate authority ”;

[F1 (ab) omit “as provided for in Article 3(6)(a) of that Regulation”;]

(b) for “Commission's” substitute “appropriate authority's”;

(c) in subparagraph (c)—

(i) for “agencies of the Member States” substitute, “agency”;

(ii) for the second subparagraph substitute—

“The appropriate authority shall decide in the case of offers—

(a) not later than each Thursday, considering the quantities of products, which during the preceding week, have been the subject of an admissible offer; and

(b) when the quantities offered approach the quantitative limits fixed in Article 3(1) of Regulation (EU) No 1370/2013, on each working day, considering the quantities which have been the subject of an admissible offer up until 5 working days prior to the decision.”;

(iii) in the third subparagraph for “notification” substitute “ submission ”.

(11) In Article 14—

(a) in paragraph 1 for the words from “tenders notified” to “Commission” substitute “ admissible tenders, the appropriate authority ”;

(b) in paragraph 2, for “in the Official Journal of the European Union” substitute “ by the appropriate authority ”.

(12) In Article 15—

(a) in paragraph 2, for the words from “tenders that” to the end, substitute “ admissible tenders ”;

(b) in paragraph 3, for “Commission”, in each place it occurs, substitute “ appropriate authority ”.

(13) In Article 16—

(a) in the first paragraph—

(i) for “paying agencies are” substitute “ paying agency is ”;

(ii) for “in their territory” substitute “ in the United Kingdom ”;

(iii) for “their” in the second place it occurs” substitute “ the ”;

(b) in the second paragraph for “Paying agencies” substitute “ The paying agency ”.

(14) In Article 17(3), for the words “quantities notified” to the end, substitute “ the quantities included in the admissible offer or tender ”.

(15) In Article 19—

(a) in paragraph 1, in the second paragraph, omit the words from “and reimbursed” to the end;

(b) omit paragraph 2.

(16) In Article 29—

(a) in paragraph 1, for the words from “Each” to “sale” substitute “ Where the paying agency is holding intervention stocks available for sale, it ”;

(b) in paragraph 2(b), for “Implementing Regulation” substitute “ published tendering procedure ”.

(17) In Article 30(1), for “Implementing Regulation”, in each place those words occur, substitute “ published tendering procedure ”.

(18) Omit Article 31.

(19) In Article 32—

(a) in paragraph 1, for the words from “tenders notified” to “Regulation (EU) No 1308/2013” substitute “ admissible tenders submitted within the time limits set out in the published tendering procedure opening the sale, the appropriate authority shall decide ”;

(b) in paragraph 2, for “in the Official Journal of the European Union” substitute “ by the appropriate authority ”.

(20) In Article 33—

(a) in paragraph 2—

(i) for “paying agencies”, in each place those words occur, substitute “ paying agency ”;

(ii) for “tenders that” to the end, substitute “ admissible tenders submitted within the time limits set in the published tendering procedure opening the sale. ”;

(b) in paragraph 3—

(i) for “paying agencies” substitute “ paying agency ”;

(ii) for “Commission”, in each place it occurs, substitute “ appropriate authority ”.

(21) In Article 36—

(a) in the heading, for “Member States” substitute “ the paying agency ”;

(b) in paragraph 1, for “In a Member State where” substitute “ Where ”;

(c) in paragraph 2—

(i) for “by a paying agency” substitute “ by the paying agency ”;

(ii) omit “31”;

(iii) for “Member State” substitute “ paying agency ”;

(d) in paragraph 3 for “paying agencies” substitute “ the paying agency ”;

(e) in paragraph 4 for “paying agencies” substitute “ paying agency ”.

(22) In Title 2 omit Chapter 4.

(23) In Article 40(a)(i) and (ii), and in Article 40(b), in each place it occurs, for “Implementing Regulation opening the tendering procedure or” substitute “ published tendering procedure or Regulations ”.

(24) Omit Article 42.

(25) In Article 43—

[F2 (a) in paragraph 1—

(i) for “tenders notified in accordance with Article 42” substitute “ admissible tenders received within the time limits set down in the published tendering procedure ”;

(ii) omit “, as provided for in Article 4(2)(a) of Regulation (EU) No 1370/2013”;]

(b) in paragraphs 1 and 2, for “Commission”, in both places it occurs, substitute “ appropriate authority ”;

(c) in paragraph 2, for the words from “, in accordance” to “fixing”, substitute “ fix ”;

(d) in paragraph 3, for “in the Official Journal of the European Union” substitute “ by the appropriate authority ”.

(26) In Article 44—

(a) in paragraph 2, in the second subparagraph, for the words from “tender that” to the end, substitute “ tenders received within the time limits set down in the published tendering procedure. ”;

(b) in paragraph 3, for “Commission”, in both places it occurs, substitute “ appropriate authority ”.

(27) In Article 45—

(a) for “Commission”, in each place it occurs, substitute “ appropriate authority ”;

(b) in paragraph 3, omit the words from “, without” to “Regulation (EU) No 1308/2013,”.

(28) In Article 48(2), for “Implementing Regulation opening the tendering procedure or” substitute “ published tendering procedure or the Regulations ”.

(29) In Article 49, in the first paragraph, for the words from “Contracts” to “be stored” substitute “ Where products are stored or will be stored in the United Kingdom, contracts shall be concluded between the paying agency ”.

(30) In Article 51—

(a) in point (a) omit “Implementing Regulation opening the”;

(b) in point (c) omit “Implementing”.

(31) In Article 52(4)(a), omit “and, if necessary, the Member State of production”.

(32) In Article 53, in paragraphs 1 and 3, for “Implementing Regulation opening the tendering procedure or” substitute “ published tendering procedure or the Regulations ”.

(33) In Article 56—

(a) in paragraph 1, for “and the Implementing Regulations” substitute “ , and the tendering procedures and the Regulations ”;

(b) in paragraph 4, for “Commission” substitute “ appropriate authority ”.

(34) In Article 57, omit paragraph 2.

(35) In Article 58(2), omit the second subparagraph.

(36) In Article 59—

(a) in paragraph 1, omit “Union”;

(b) in paragraph 2, for “European Agricultural Guarantee Fund” substitute “ appropriate authority ”.

(37) In Article 60a for “European” substitute “ domestic ”.

(38) In Article 62—

(a) in paragraph 1, for “or an Implementing Regulation” substitute “ , or a published tendering procedure or the Regulations ”;

(b) omit paragraph 4.

(39) Omit Article 63.

(40) For Article 64 substitute—

“Notifications concerning the paying agency U.K.

The appropriate authority shall make available to the public details of the approved paying agency, including by way of publication on the internet.”.

(41) In Article 65—

(a) in paragraph 1—

(i) for the words from “Member” to “Commission” substitute “ Where the paying agency holds intervention stocks, it shall notify the appropriate authority ”;

(ii) in points (b)(ii) and (c)(ii), for “Regulation opening the” substitute “ published ”;

(iii) omit point (d)(ii);

(b) in paragraph 2, for “Commission” substitute “ appropriate authority ”.

(42) Omit Article 66.

(43) After Article 67, omit the words from “This Regulation” to “Member States”.

(44) In Annex 1, Part 1, in paragraph 1.2(a), omit the second sentence.

(45) For Annex 3, Part 3, in paragraph IV, for the words from “territory” to the end, substitute “ United Kingdom. ”.

(46) In Annex 4, Part 2, paragraph 2(a), for “the Member State of production” substitute “ indicating that the butter was produced in the United Kingdom ”.

(47) In Annex 5—

(a) in Part 1A—

(i) in Appendix 2, at paragraph 7.1, for “Member States” substitute “ the appropriate authority ”;

(ii) in Appendix 3, at paragraph 7.1, for “Member States” substitute “ the appropriate authority ”;

(b) in Part 2, in paragraph 2(a), for “the Member State of production” substitute “ indicating that the skimmed milk powder was produced in the United Kingdom ”.

(48) In Annex 9—

(a) in paragraph 1, for “Member State” substitute “ appropriate authority ”;

(b) in paragraph 2, point 3 for “Union” substitute “ domestic ”.

Textual Amendments

F1 Reg. 6(10)(ab) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 15(3)(a)

F2 Reg. 6(25)(a) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 15(3)(b)

Commencement Information

I1 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1