The World Trade Organisation Agreement on Agriculture (Domestic Support) Regulations 2020

Determination of classification

6.—(1) Subject to paragraph (2), a scheme providing domestic support is to be treated as having the classification proposed by the proposing authority until such time as the classification for that domestic support has been finally determined by the Secretary of State under this regulation.

(2) If—

(a) the Secretary of State notifies the proposing authority of an objection to its proposed classification within one month beginning with the day on which notice of the support is given under regulation 5(1), and

(b) the objection is that the measure should be treated as providing amber box domestic support,

the measure is to be treated as providing amber box domestic support, until its classification is finally determined under this regulation.

(3) The Secretary of State, or, where a UK co-ordinating body has been designated under regulation 3, that body, may request a devolved authority to provide further information if the information submitted with the notice given under regulation 5(1) is not sufficient to enable the Secretary of State, in consultation with the devolved authorities, to determine the classification of the domestic support to which the notice relates.

(4) After notice of new or amended domestic support has been given under regulation 5(1), an appropriate authority may submit representations to the other appropriate authorities on the classification for the domestic support within one month beginning on the day after the day on which the notice was given.

(5) In determining the classification of the new or amended domestic support, the Secretary of State must take into account—

(a) all the information provided with the notice in accordance with regulation 5;

(b) any additional information provided pursuant to a request under paragraph (3); and

(c) any representations made under paragraph (4).

(6) If, having considered the information referred to in paragraph (5)(a) and (b), and representations referred to in paragraph (5)(c), and consulted with the other appropriate authorities, the Secretary of State proposes to give the domestic support a classification which is different to the classification proposed by the proposing authority which submitted the notice in relation to that domestic support, the Secretary of State must inform the devolved authorities, giving the reasons for the revised classification.

(7) If paragraph (6) applies, the Secretary of State must allow the devolved authorities a further period of not less than one month, starting from the day after the day on which the Secretary of State’s initial decision was notified under paragraph (6), within which to make further representations to the Secretary of State on the classification of that domestic support.

(8) The Secretary of State must issue the final determination on the classification of the new or amended domestic support before the end of two months starting with the day after the day on which the Secretary of State’s initial decision was notified under paragraph (6).