EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by Articles 177, 178 and 227(4) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products; and in exercise of the powers conferred by section 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement (“the Protocol”).

These Regulations amend provisions of retained EU legislation. Regulation 2 amends Commission Delegated Regulation (EU) 2016/1237 by omitting sections of the Annex which specify import licensing requirements for rice and ethyl alcohol of agricultural origin and export licensing requirements for rice respectively. Corresponding amendments are made in regulation 3 in respect of these products in Annex II of Commission Implementing Regulation (EU) 2016/1239.

Regulation 4 provides for the release of securities lodged with an application for an import or export licence in cases where a licence is no longer required by virtue of the amendments made to retained EU legislation by regulations 2 and 3.

Although the effect of the amendments made by regulations 2 and 3 is that the requirement for the licences concerned no longer applies in respect of Northern Ireland under retained EU legislation, Chapter 1 of Part III of Regulation (EU) No 1308/2013 applies in respect of Northern Ireland by virtue of the application of section 7A of the European Union (Withdrawal) Act 2018 and Annex 2 of the Protocol.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.