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

Type Statutory-Instrument
Publication 2019-04-04
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 4th April 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 .

In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

Amendment of Commission Regulation (EC) 1312/2008

2

Amendment of Commission Delegated Regulation (EU) 2015/1829

3

(5) In this Regulation, “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be.

(c) relate to the promotion of United Kingdom agricultural products, both in terms of content of the message and impact. In particular it must provide information on production standards, the quality and safety of food products and dietary practices and culture, promote the image of United Kingdom products both within the United Kingdom and abroad, and raise awareness of United Kingdom products and logos among the general public and commercial undertakings. This means in particular for a programme covering one or more schemes as referred to in Article 5(4) of Regulation (EU) No 1144/2014, to focus on the scheme or schemes in the main message of the campaign. When in this programme, one or several products illustrate the scheme or schemes, they shall appear as a secondary message in relation to the main message of the campaign;

(3) In this Article, “relevant 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 Health.

Amendment of Commission Implementing Regulation (EU) 2015/1831

4

In this Regulation— (a) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be; (b) “relevant 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.

(1) As soon as the relevant authority publishes a list of simple programmes selected under Article 11 of Regulation (EU) No 1144/2014, it must inform the proposing organisations concerned whether or not their applications have been accepted.

Amendment of Commission Delegated Regulation (EU) 2016/1238

5

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 Scotland, the Scottish Ministers; - — in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(7) In the case of sale of intervention products, except in cases of force majeure, the security shall be forfeit in respect of quantities for which payment has not been made in accordance with Article 35 of Implementing Regulation (EU) 2016/1240 and the sale shall be cancelled in respect of those quantities.

For the purpose of this Part, category Z refers only to male animals as described in point 1(c) of Part I. I. GREAT BRITAIN Carcases, half-carcases: Category C, class U3 Category C, class U4 Category C, class R3 Category C, class R4 Category C, class O3 Category C, class O4 Category A, class U2 Category A, class U3 Category A, class R2 Category A, class R3 Category A, class O2 Category A, class O3 Category Z, class U2 Category Z, class U3 Category Z, class R2 Category Z, class R3 Category Z, class O2 Category Z, class O3 II. NORTHERN IRELAND Carcases, half-carcases: Category C, class U3 Category C, class U4 Category C, class R3 Category C, class R4 Category C, class O3 Category C, class O4 Category A, class U2 Category A, class U3 Category A, class R2 Category A, class R3 Category A, class O2 Category A, class O3 Category Z, class U2 Category Z, class U3 Category Z, class R2 Category Z, class R3 Category Z, class O2 Category Z, class O3

.

(b) it is stored as whole cheese in the United Kingdom; and

Amendment of Regulation (EU) 2016/1240

6

(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.

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.

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.

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.

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

Signed

Robert Goodwill — Minister of State — 2019-04-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: 1994 c.23.

[^f00003]: 1994 c.26.

Editorial notes

[^c23706291]: 2018 c. 16.

[^c23706301]: 1994 c.23.

[^c23706311]: 1994 c.26.

[^key-1c512535f6fc013bf2deba3b1aa3347b]: 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)

[^key-559ca36b866c9cdf02474010323ec180]: 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

[^key-5b85f9c08df7057d9294b22b15bb103f]: 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)

[^key-748cf5b2449756487efb0f01bf25d6d2]: 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

[^key-8660fc4db26e6c5359f882f976c0c7cd]: Reg. 5(4A)(4B) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 15(2)

[^key-90ac06c694e8ed8779934d056a07088b]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-ae974b70a6efad406bd1deef2a9d6025]: 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

[^key-b2b1c005d06e2b0478acd5fd65516cf3]: 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

[^key-d757b3fb83f7630b4d5ca7179efad83f]: 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

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