The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-10-28
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 28th October 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

A draft of this instrument was laid before and approved by a resolution of each House of Parliament pursuant to paragraph 1(1) of Schedule 7 to that Act.

PART 1 — Introduction

Citation and commencement

1

PART 2 — Amendments to legislation relating to the Common Market Organisation

Amendment of Regulation 1299/2007

2

Amendment of Regulation 589/2008

3

(t) ‘third country’ means any country or territory other than— (i) the United Kingdom, (ii) the Bailiwick of Guernsey, (iii) the Bailiwick of Jersey, or (iv) the Isle of Man.

(1) Before eggs may be imported into Great Britain from a third country, the Secretary of State must make a determination of equivalence. Any determination must include an evaluation of the rules on labelling and marketing, farming methods and control and an assessment of whether the requirements contained in this Regulation are effectively met by operators in the third country concerned. The Secretary of State must review the evaluation regularly.

Amendment of Regulation 511/2012

4

Amendment of Regulation 1308/2013

5

(6) For the purposes of this Regulation, a matter is outside devolved competence if it would be outside the legislative competence of: (a) in relation to Wales, the National Assembly for Wales if it were included in an Act of the Assembly (see section 108A of the Government of Wales Act 2006 ); (b) in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998 ); (c) in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998 ).

so far as the terms apply in relation to a matter outside devolved competence

(5) The Secretary of State may make regulations setting out the measures necessary for the application of this Article, including in respect of procedures, notifications and administrative assistance in the case of international agreements within the sugar trade.

(6) The Secretary of State may make regulations setting out measures necessary for the uniform application of points (a) and (b) of paragraph 2, and paragraph 3, of this Article.

The Secretary of State may make regulations setting out rules on the content, format and timing of declarations under this Article.

(8) The Secretary of State may make regulations setting out the measures necessary for the uniform application of points (a) and (b) of paragraph 4, and paragraph 5, of this Article.

Amendment of Regulation 1370/2013

6

(3) The Secretary of State may, where necessary to ensure a swift response to fast changing market situations, make regulations adjusting the amount of the refund.

The Secretary of State may make regulations fixing corrective amounts applicable to the export refunds fixed in respect of the cereals and rice sectors.

Amendment of Regulation 510/2014

7

whether adopted pursuant to Article 202 of Regulation (EU) No 1308/2013 before IP completion day or made under that Article after IP completion day

, whether adopted pursuant to Article 203 of Regulation (EU) No 1308/2013 before IP completion day or made under that Article after IP completion day,

as necessary from time to time to ensure continuity with any customs tariff applicable in the United Kingdom, whether established and maintained pursuant to section 8(1) of the Taxation (Cross-border Trade) Act 2018 or otherwise

The Secretary of State may make regulations setting the thresholds below which amounts will not be levied or granted pursuant to Articles 3, 5, 10, 22 and 34.

(2) The Secretary of State may make regulations applying, with or without modification, the Articles referred to in paragraph 1 for the purpose of this Regulation.

When making regulations under this Regulation, the Secretary of State must take into account the United Kingdom's international obligations and the applicable

(1) Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument. (2) Regulations made by the Secretary of State under this Regulation may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments); (b) make different provision for different purposes. (3) Except as specified in paragraph (4), a statutory instrument containing regulations under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (4) A statutory instrument containing regulations made by the Secretary of State under Article 33(1) must be laid before each House of Parliament after being made. (5) Regulations made under Article 33(1) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. (6) In calculating the period of 28 days for the purposes of paragraph 5, no account is to be taken of any time during which: (a) Parliament is dissolved or prorogued, or (b) either House of Parliament is adjourned for more than 4 days. (7) If regulations cease to have effect as a result of paragraph 5, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Amendment of Regulation 2016/232

8

Amendment of S.I. 2019/821

9

In regulation 84 of the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc) (EU Exit) Regulations 2019 , omit sub-paragraph (a).

PART 3 — Financing, Management and Monitoring Amendments

Amendment of Regulation 1306/2013

10

In Article 62(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy , for the words from “which” to “laying down” substitute “ , the Secretary of State may make regulations setting out ”.

Signed

George Eustice — Minister of State — 2019-10-28

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: Other amendments to Regulation (EU) No 1308/2013 are made by S.I. 2019/821, 828 and 831. Articles 227 and 228, as substituted by S.I. 2019/831, make provision about regulations made by the Secretary of State.

[^f00003]: 2006 c.32; section 108A was inserted by section 3(1) of the Wales Act 2017 (c.4). It is prospectively amended by section 12(3) of the European Union (Withdrawal) Act 2018 (c.16) from a date to be appointed.

[^f00004]: 1998 c.46; section 29 was amended by S.I. 2011/1043.

[^f00005]: 1998 c.47; section 6 was amended by S.I. 2011/1043. It is prospectively amended by section 12(3) of the European Union (Withdrawal) Act 2018 from a date to be appointed.

[^f00006]: Regulation (EU) No 1370/2013 is also amended by S.I. 2019/821 and 831. Article 15, as substituted by S.I. 2019/831, makes provision about regulations made by the Secretary of State.

[^f00007]: Regulation (EU) No 510/2014 is also amended by S.I. 2019/828.

[^f00008]: 2018 c. 22.

[^f00009]: S.I. 2019/821.

[^f00010]: Regulation (EU) No 1306/2013 is also amended by S.I. 2019/748. Articles 115 and 115A, as substituted by S.I. 2019/748, make provision about regulations made by the Secretary of State.

Editorial notes

[^c23917741]: 2018 c. 16.

[^c23917751]: Other amendments to Regulation (EU) No 1308/2013 are made by S.I. 2019/821, 828 and 831. Articles 227 and 228, as substituted by S.I. 2019/831, make provision about regulations made by the Secretary of State.

[^c23917761]: 2006 c.32; section 108A was inserted by section 3(1) of the Wales Act 2017 (c.4). It is prospectively amended by section 12(3) of the European Union (Withdrawal) Act 2018 (c.16) from a date to be appointed.

[^c23917771]: 1998 c.46; section 29 was amended by S.I. 2011/1043.

[^c23917781]: 1998 c.47; section 6 was amended by S.I. 2011/1043. It is prospectively amended by section 12(3) of the European Union (Withdrawal) Act 2018 from a date to be appointed.

[^c23917791]: Regulation (EU) No 1370/2013 is also amended by S.I. 2019/821 and 831. Article 15, as substituted by S.I. 2019/831, makes provision about regulations made by the Secretary of State.

[^c23917801]: Regulation (EU) No 510/2014 is also amended by S.I. 2019/828.

[^c23917811]: 2018 c. 22.

[^c23917821]: S.I. 2019/821.

[^c23917831]: Regulation (EU) No 1306/2013 is also amended by S.I. 2019/748. Articles 115 and 115A, as substituted by S.I. 2019/748, make provision about regulations made by the Secretary of State.

[^key-ea58fbdb3cf39c20739e66ad0852d67a]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-ab5f4b85cc5e5535f0bd345cd8b28a4e]: Reg. 1 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-3a64a6e678ad96ed587865b31bf33a1e]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-55a282cb089e76878363424c2a6c5a10]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-6e3c487b7e8345d95f861904e7f0631d]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-05598c1f6df3b0ffb4b37da076731f96]: 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(3)

[^key-c4630f83a8a053d0877906aa18527263]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-2b6f17f1b1450cbba0f8ae7e7d2c28e8]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-6f74346115c4e671da4f88c2118e62b9]: Reg. 9 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-6bd16119fc4dc1fa741600698a241d16]: Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-63c005587e847c5c1357f3c0fd4abca6]: Words in reg. 3(3) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 7(2)

[^key-1ce55592b660542ea7680c8873fec748]: Reg. 5(5)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 7(3)(a)

[^key-7106db76fbd803baee2bc4dca929cb5a]: Words in reg. 5(5)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 7(3)(b)

[^key-eb5b8dab7e1e3fddfe8d2dbf8a665bb1]: Reg. 5(5)(c) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 7(3)(c)

[^key-06ec5533c5d61d18f18564ababeeff35]: Words in reg. 5(13)(a) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 17

[^key-16d43dca79d8ac674f1d8763a530d340]: Words in reg. 7(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 7(4)(a)

[^key-86abec189876f943304e51a12e2fec95]: Words in reg. 7(5)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 7(4)(b)

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