The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 No. 831

PART 2 U.K. Common Market Organisation Amendments

Amendment of Regulation (EU) No 1308/2013 U.K.

2.  Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products is amended in accordance with regulations 3 to 37.

Commencement Information

I1 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(4)(a)

3.  In Article 3—

(a) in paragraph 4, for the words from “Commission” to “Article 227” substitute “ appropriate authority M1 may make regulations ”;

(b) in paragraph 5, in point (c)(ii)(aa) M2 , after “16” insert “ , 21, 22, 24, 25, 126 ”

Commencement Information

I2 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(4)(a)

Marginal Citations

M1 A definition of “appropriate authority” is inserted into Article 3 of Regulation (EU) 1308/2013 by the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821).

M2 Point (c) is inserted by the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821).

4.  For Articles 13 and 14 substitute—

“Article 13 U.K. Public intervention

1.   The appropriate authority must buy in common wheat, butter and skimmed milk powder during the periods referred to in Article 12 in respect of those products.

2.   Subject to paragraphs 3 and 4, the appropriate authority may buy in any other products listed in Article 12 under public intervention during the periods referred to in respect of those products.

3.   In the case of durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), the appropriate authority may only buy in products if the market situation so requires.

4.   In the case of beef and veal, the appropriate authority may only buy in products if, over the representative period determined pursuant to point (c) of the first paragraph of Article 20, the average market price in the United Kingdom or in a particular region of the United Kingdom, recorded on the basis of the scale for classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85% of the reference threshold laid down in point (d) of Article 7(1).

5.   The appropriate authority may close the tendering procedure for the beef and veal sector where, over the representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in paragraph 4 of this Article are no longer fulfilled.

Article 14 U.K. Buying-in at a fixed price or tendering

The appropriate authority may make regulations laying down measures on:

(a) fixing buying-in prices for the products referred to in Article 11; and

(b) quantitative limitations where buying-in is carried out at a fixed price.

[F1 Regulations under point (b) may provide for the quantitative limitation to be 0.”]

Textual Amendments

F1 Words in reg. 4 inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(2)

Commencement Information

I3 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(4)(a)

5.  For Article 15(2) substitute—

“2.   The appropriate authority may make regulations fixing the level of the public intervention price, including the amounts of increases and reductions.”.

Commencement Information

I4 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(4)(a)

6.  In Article 18—

(a) in paragraph 1—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority may, where necessary, make regulations ”;

(ii) omit “Union”;

(iii) after “prices” insert “ in the United Kingdom ”;

(b) in paragraph 2—

(i) for “Commission may adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) omit the second subparagraph;

[F2 (c) omit paragraph 3.]

Textual Amendments

F2 Reg. 6(c) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(3)

Commencement Information

I5 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(4)(a)

7.  In Article 19—

(a) in paragraph 1, for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 2, for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(c) in paragraph 3—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(ii) omit point (b);

(d) in paragraph 4, for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(e) in paragraph 5—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(ii) in point (b), omit “Member States and”;

(f) in paragraph 6—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(ii) in point (a), omit “Union”;

(iii) in point (b), for “Union prices”, substitute “ prices in the United Kingdom ”;

(iv) in point (c), for “which may be granted by Member States” substitute “ applying ”;

(v) for point (d) substitute—

“(d) providing for the grading scale for classification of pig carcasses not to apply, providing for derogations from the scale, or providing for assessment criteria to be used in addition to weight and estimated lean-meat content.”.

Commencement Information

I6 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(4)(a)

8.  In Article 20—

(a) for the words from “Commission” to “uniform” substitute “ appropriate authority may make regulations in relation to the ”;

(b) in point (h), for “territory of the Member State” substitute “ constituent nation M3 ”;

(c) in point (i), omit the words from “, including”, in the first place it occurs, to the end”;

(d) in point (j), for “Member States” substitute “ the relevant authority M4 ”;

(e) in point (k), omit “of the Member State”;

(f) in point (o)(iii), omit the words from “ensuring” to the end;

(g) in point (p), omit “Union”;

(h) in point (r), omit “to be applied by Member States”;

(i) in point (s), for the words from “by” to “price” substitute “ of the weighted average price in the United Kingdom ”;

(j) in point (t)—

(i) for the words from the beginning to “territory,” substitute “ provision ”;

(ii) in point (i), for “their territory” substitute “ the constituent nation ”;

(k) omit point (u);

(l) omit the second subparagraph.

Commencement Information

I7 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(4)(a)

Marginal Citations

M3 A definition of “constituent nation” is inserted into Article 3 of Regulation (EU) 1308/2013 by the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821).

M4 A definition of “relevant authority” is inserted into Article 3 of Regulation (EU) 1308/2013 by the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821).

9.  In Article 21—

(a) for the words from “The Commission” to “classification” substitute “ By way of derogation from point C.III of Annex IV, the appropriate authority may make regulations providing for the following criteria for classification of lambs of less than 13kg carcass weight ”;

(b) omit the second subparagraph.

Commencement Information

I8 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

10.  In Article 24—

(a) in paragraph 1—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(ii) in point (b), omit “by Member States”;

(b) for paragraph 2 substitute—

“2.   In order to ensure proper management of public funds and to facilitate the implementation of the school scheme, the appropriate authority may make regulations laying down:

(a) costs and measures eligible for funding;

(b) provisions for monitoring and evaluating the effectiveness of the school scheme.”;

(c) in paragraph 3—

(i) for the words from “Commission”, in the first place it occurs, to “Article 227”, in the first place it occurs, substitute “ appropriate authority may make regulations ”;

(ii) for the words from “Commission”, in the second place it occurs, to “Article 227”, in the second place it occurs, substitute “ appropriate authority may make regulations ”;

(iii) omit “by Member States”;

(d) in paragraph 4, the words before point (a)—

(i) for the words from “and” to “scheme”, in the last place it occurs, substitute “ the appropriate authority may make regulations requiring the school scheme to be publicised ”;

(e) in paragraph 5, for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(f) omit paragraph 6.

Commencement Information

I9 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(4)(a)

11.  In Article 25—

(a) for the words from “Commission” to “adopt” substitute “ appropriate authority may make regulations laying down ”;

(b) in point (a), for “Member States' strategies” substitute “ the strategy referred to in Article 23(8) ”;

(c) for point (d) substitute—

“(d) the format and content of monitoring and evaluation reports”;

(d) omit point (e);

(e) omit the second subparagraph.

Commencement Information

I10 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

12.  For Article 35 substitute—

“Article 35 U.K. Additional financial assistance

1.   The appropriate authority may make regulations allowing for the payment to producer organisations of additional financial assistance in regions where the degree of organisation of producers in the fruit and vegetable sector is particularly low.

2.   Regulations under paragraph 1 must provide for the additional financial assistance payable to be:

(a) additional to the operational fund;

(b) no more than 80% of the financial contribution referred to in point (a) of Article 32(1).”.

Commencement Information

I11 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

13.  In Article 37—

(a) for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(b) in point (a)(ii), for “the additional requirements to be determined by Member States” substitute “ any additional requirements ”;

(c) in point (c), omit “Union” in both places it occurs;

(d) in point (d)—

(i) in point (i), for “Member States” substitute “ the relevant authority ”;

(ii) in point (ii), for “(a), (b), (c) and (i)” substitute “ (b) and (c) ”;

(iii) omit points (iii) to (vii), (x) and (xiii);

(e) in point (e)—

(i) in the words before point (i), for “national” substitute “ additional ”;

(ii) omit point (iii).

Commencement Information

I12 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

14.  In Article 38—

(a) for “Commission may adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(b) in point (b)—

(i) omit “national” in both places it occurs;

(ii) for “Member States”, in both places it occurs, substitute “ the relevant authority ”;

(c) in point (d), omit “national”;

(d) omit points (f) to (h);

(e) in point (i), for “training and coaching” substitute “ and training ”;

(f) in point (j), omit the words from “withdrawal” to “and”;

(g) omit point (k);

(h) omit the second subparagraph.

Commencement Information

I13 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

15.  In Article 56—

(a) for paragraph 1 substitute—

“1.   In order to ensure the efficient and effective use of aid for apiculture, the appropriate authority may make regulations on the avoidance of double funding between apiculture programmes and rural development programmes.”;

(b) in paragraph 2—

(i) for “the Union” substitute “ any ”;

(ii) for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(iii) omit “Member States”;

(iv) omit “national”;

(v) for “the delegated act” substitute “ those provisions ”.

Commencement Information

I14 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

16.  For Article 57 substitute—

“Article 57 U.K. Regulations relating to apiculture

The appropriate authority may make regulations relating to the content of apiculture programmes and the content of the studies under Article 55(3).”.

Commencement Information

I15 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

17.  In Article 75—

(a) in paragraph 2, for the words from “Commission” to “Article 227” substitute “ appropriate authority [F3 in England, Wales or Scotland] may make regulations ”;

(b) in paragraph 6—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority [F3 in England, Wales or Scotland] may make regulations ”;

(ii) for “delegated acts”, in the second place it occurs, substitute “ regulations ”;

(iii) omit the words from “and shall” to the end.

Textual Amendments

F3 Words in reg. 17 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(2)

Commencement Information

I16 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

18.  In Article 76, in paragraph 4, for the words from “Commission” to “Article 227” substitute “ appropriate authority [F4 in England, Wales or Scotland] may make regulations ”.

Textual Amendments

F4 Words in reg. 18 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(3)

Commencement Information

I17 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

19.  In Article 78—

(a) in paragraph 3—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority [F5 in England, Wales or Scotland] may make regulations ”;

(ii) for “delegated acts”, in the second place it occurs, substitute “ regulations ”;

(b) in paragraph 4—

(i) omit “and Member States”;

(ii) for the words from “Commission” to “Article 227” substitute “ appropriate authority [F5 in England, Wales or Scotland] may make regulations ”;

(c) in paragraph 5, for the words from “Commission” to “Article 227” substitute “ appropriate authority [F5 in England, Wales or Scotland] may make regulations ”.

Textual Amendments

F5 Words in reg. 19 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(4)

Commencement Information

I18 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

20.  In Article 79—

(a) in paragraph 1, for the words from “Commission” to “Article 227” substitute “ appropriate authority [F6 in England, Wales or Scotland] may make regulations ”;

(b) in paragraph 2—

(i) for “adopting the acts referred to in” substitute “ making regulations under ”;

(ii) for “Commission” substitute “ appropriate authority [F6 in England, Wales or Scotland] ”.

Textual Amendments

F6 Words in reg. 20 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(5)

Commencement Information

I19 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

21.  In Article 80—

(a) in paragraph 4—

(i) for the words from “Commission” to Article 227” substitute “ Secretary of State may [F7 , with the consent of the relevant authorities in Wales and Scotland,] make regulations ”;

(ii) omit “national”;

(b) in paragraph 5—

(i) for “Commission shall, where necessary, adopt implementing acts” substitute “ Secretary of State may make regulations ”;

[F8 (ii) after “unless” insert “the relevant authorities in Wales and Scotland agree that”;]

(iii) omit the words from “in view” to the end.

Textual Amendments

F7 Words in reg. 21(a)(i) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(6)(a)

F8 Reg. 21(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) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(6)(b)

Commencement Information

I20 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

22.  For Article 83(4) substitute—

“4.   In order to ensure the correct and transparent application of this Article:

(a) the appropriate authority [F9 in England, Wales or Scotland] may make regulations laying down the conditions for the application of paragraph 1 of this Article;

(b) the Secretary of State may make regulations laying down the conditions for the application of paragraphs 2 and 3 of this Article, as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.”.

Textual Amendments

F9 Words in reg. 22 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(7)

Commencement Information

I21 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

23.  In Article 86, for the words from “Commission” to “Article 227” substitute “ appropriate authority [F10 in England, Wales or Scotland] may make regulations ”.

Textual Amendments

F10 Words in reg. 23 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(8)

Commencement Information

I22 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

24.  In Article 87(2), for the words from “Commission” to “Article 227” substitute “ appropriate authority [F11 in England, Wales or Scotland] may make regulations ”.

Textual Amendments

F11 Words in reg. 24 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(9)

Commencement Information

I23 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

25.  In Article 88(3), for the words from “Commission” to “Article 227” substitute “ appropriate authority [F12 in England, Wales or Scotland] may make regulations ”.

Textual Amendments

F12 Words in reg. 25 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(10)

Commencement Information

I24 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

26.  In Article 91—

(a) for “Commission may adopt implementing acts” substitute “ appropriate authority [F13 in England, Wales or Scotland] may make regulations ”;

(b) in point (a), omit the words from “on the basis” to the end;

(c) omit the second subparagraph.

Textual Amendments

F13 Words in reg. 26(a) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 12(11)

Commencement Information

I25 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

27.  In Article 126—

(a) in the first paragraph—

(i) for “Commission may adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) omit the second sentence;

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

Commencement Information

I26 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

28.  In Article 147—

(a) in paragraph 3, for the words from “Member States” to “Article 227” substitute “ competent authorities, the Secretary of State may make regulations ”;

(b) in paragraph 4—

(i) in the first subparagraph—

(aa) in the words before point (a), for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) in point (b), omit “measures requiring Member States to determine”;

(ii) omit the second subparagraph.

Commencement Information

I27 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

29.  In Article 186—

(a) in paragraph 1—

(i) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(ii) for “third” substitute “ other ”;

(b) in paragraph 2—

(i) for “a third”, in both places it occurs, substitute “ another ”;

(ii) for the words from “concluded” to “States” substitute “ to which the United Kingdom is a party, the Secretary of State may make regulations laying down the circumstances in which the competent authority is required ”.

Commencement Information

I28 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

30.  In Article 187—

(a) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(b) in point (b)—

(i) omit “import or”;

(ii) omit point (iii);

(c) omit points (e) and (f);

(d) omit the last sentence.

Commencement Information

I29 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

31.  In Article 219—

(a) in paragraph 1—

(i) for the words from “Commission” to “Article 227” substitute “ appropriate authority may make regulations ”;

(ii) omit “concluded in accordance with the TFEU”;

(iii) omit the second and third subparagraphs;

(b) in paragraph 2, for the second subparagraph substitute—

“However, the appropriate authority may make regulations applying the measures referred to in paragraph 1 to one or more of the products listed in Section 2 of Part XXIV of Annex I.”;

(c) for paragraph 3 substitute—

“3.   The appropriate authority may make regulations laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article.”.

Commencement Information

I30 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

32.  In Article 220—

(a) in paragraph 1—

(i) for “Commission may adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) for “intra-Union and third-country” substitute “ trade within the United Kingdom and international ”;

(iii) omit the second subparagraph.

(b) in paragraph 2, in the third subparagraph, for the words from “Commission” to “Article 228” substitute “ appropriate authority may make regulations ”;

(c) omit paragraph 3;

(d) in paragraph 4, for the words from “the Member” to “quickly” substitute “ health and veterinary measures have been taken ”;

(e) omit paragraphs 5 and 6.

Commencement Information

I31 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

33.  In Article 221—

(a) in paragraph 1—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) omit the last sentence;

(b) in paragraph 2—

(i) for “To” substitute “ The appropriate authority may make regulations to ”;

(ii) omit the words from “, the Commission” to the end;

(c) in paragraph 3—

(i) for “Commission shall adopt measures” substitute “ appropriate authority may make regulations ”;

(ii) omit “or 2”;

(d) for paragraph 4 substitute—

“4.   Regulations made under paragraph 1 or 2 may remain in force for a period not exceeding 12 months.

If it appears to the appropriate authority that the specific problems which led to the making of the regulations under paragraph 1 or 2 will persist beyond the period for which they are in force, the appropriate authority may make further regulations to address the problems. Such regulations may only remain in force for a period not exceeding 12 months.

The power to make further regulations under the second subparagraph may not be exercised more than twice.”.

(e) omit paragraph 5.

Commencement Information

I32 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

34.  In Article 222—

(a) in paragraph 1—

(i) for the words from “Commission” to “TFEU” substitute “ Secretary of State may make regulations to the effect that section 2 of the Competition Act 1998 M5 ”;

(ii) for “the internal market” substitute “ trade within the United Kingdom ”;

(iii) in point (f), for “Union”, in both places it occurs, substitute “ United Kingdom ”;

(iv) for the second and third subparagraph substitute—

“Regulations made under this paragraph must specify the substantive and geographic scope of the derogation and the period for which the derogation applies.”;

(b) in paragraph 3—

(i) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the last sentence.

Commencement Information

I33 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Marginal Citations

M5 1998 c. 41.

35.  In the heading of Part 6, for “Delegations of power, implementing provisions” substitute “ Regulations ”.

Commencement Information

I34 Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

36.  For the heading of Part 6, Chapter 1 substitute “ Regulations ”.

Commencement Information

I35 Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

37.  For Articles 227 to 229 substitute—

“Article 227 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M6 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs or Department of Health to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M7 .

4.   Regulations under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

Article 228 U.K. Regulations: the Secretary of State

1.   Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.   A statutory instrument containing regulations made by the Secretary of State under Article [F14 102d(4) or Article] 221(1) or (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

3.   A statutory instrument containing regulations made by the Secretary of State under Article 219, 220(1) or (2) or 221(2)must be laid before each House of Parliament after being made.

4.   Regulations made by the Secretary of State under any of the Articles specified in paragraph 3 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.

5.   In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which Parliament is:

(a) dissolved or prorogued, or

(b) during which either House of Parliament is adjourned for more than 4 days.

6.   If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

7.   The Secretary of State may not make regulations under any of the provisions specified in paragraph 9 without the consent of the relevant authorities for Wales, Scotland and Northern Ireland.

8.   Where any of the relevant authorities for Wales, Scotland or Northern Ireland requests the Secretary of State to make regulations under any of the provisions specified in paragraph 9, the Secretary of State must have regard to that request.

9.   The specified provisions are:

(a) Article 80(4) and (5);

(b) Article 83(4)(b);

(c) Article 147(3) and (4).

Article 228A U.K. Regulations: the Welsh Ministers

1.   Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of National Assembly for Wales.

2.   A statutory instrument containing regulations made by the Welsh Ministers under Article 221(1) or (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

3.   A statutory instrument containing regulations made by the Welsh Ministers under Article 219, 220(1) or (2) or 221(2)must be laid before the National Assembly for Wales after being made.

4.   Regulations made by the Welsh Ministers under any of the Articles specified in paragraph 3 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 the National Assembly for Wales.

5.   In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the National Assembly for Wales is:

(a) dissolved, or

(b) in recess for more than 4 days.

6.   If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Article 229 U.K. Regulations: the Scottish Ministers

1.   Except as specified in paragraphs 2 to 6, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.

2.   Regulations made by the Scottish Ministers under Article 221(1) or (4) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

3.   A statutory instrument containing regulations made by the Scottish Ministers under Article 219, 220(1) or (2) or 221(2)must be laid before the Scottish Parliament after being made.

4.   Regulations made by the Scottish Ministers under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

5.   In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Scottish Parliament is:

(a) dissolved, or

(b) in recess for more than 4 days.

6.   If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Article 229A U.K. Regulations: Northern Ireland

1.   Except as specified in paragraphs 2 to 6, regulations made by the Department of Agriculture, Environment and Rural Affairs or the Department of Health under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M8 as if they were a statutory instrument within the meaning of that Act.

2.   Regulations may not be made by either Department under Article 221(1) or (4) unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

3.   Regulations made by either Department under Article 219, 220(1) or (2) or 221(2) must be laid before the Northern Ireland Assembly after being made.

4.   Regulations made by either Department under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly.

5.   In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a) dissolved,

(b) in recess for more than 4 days, or

(c) adjourned for more than 6 days.

6.   If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.”.

Textual Amendments

F14 Words in reg. 37 inserted (31.12.2020 immediately before IP completion day) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 15(2)

Commencement Information

I36 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Marginal Citations

M6 2010 asp. 10.

M7 S.I. 1979/1573 (N.I. 12).

M8 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

Amendment of Regulation (EU) No 1370/2013 U.K.

38.  Council Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products is amended in accordance with regulations 39 to 44.

Commencement Information

I37 Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

39.  In Article 1, in the second subparagraph M9 , after point (b) insert—

“(c) ‘appropriate authority’ means:

(i) the relevant authority F15 ..., or

(ii) if consent is given by the relevant authority F15 ..., the Secretary of State.”.

Textual Amendments

F15 Words in reg. 39 omitted (31.12.2020) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(4)

Commencement Information

I38 Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Marginal Citations

M9 The Common Organisation of Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821) insert a second subparagraph into Article 1.

40.  In Article 1a(2)—

(a) for “Commission” substitute “ appropriate authority ”;

(b) for the second sentence substitute “ When necessary, in the light of developments in production and markets, the appropriate authority may make regulations amending the reference thresholds. ”.

Commencement Information

I39 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

41.  In Article 2(3)—

(a) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(b) omit the second sentence.

Commencement Information

I40 Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

42.  In Article 3—

[F16 (a) in paragraph 1—

(i) omit “point (a) of”;

(ii) after “limitations” insert “(applicable to the United Kingdom as a whole)”;

(ab) in paragraph 2—

(i) for “Article 13(1)” substitute “Article 13”;

(ii) omit “and shall be fixed by means of implementing acts”;]

(b) for paragraph 3 substitute—

“3.   In special and duly justified circumstances:

(a) [F17 where public intervention is carried out by way of tendering,] the relevant authority may restrict tendering procedures to a particular region or regions; and

(b) [F18 where buying-in is carried out at a fixed price,] the appropriate authority may make regulations, subject to Article 2(1), determining the buying-in prices subject to public intervention in the constituent nation or in a region of the constituent nation on the basis of recorded average market prices.”;

[F19 (c) in paragraph 4, for “The Commission shall adopt implementing acts” substitute “The appropriate authority may make regulations”;]

(d) omit paragraph 5;

[F20 (e) omit paragraph 6.]

Textual Amendments

F16 Reg. 42(a)(ab) substituted for reg. 42(a) (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(5)(a)

F17 Words in reg. 42(b) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(5)(b)(i)

F18 Words in reg. 42(b) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(5)(b)(ii)

F19 Reg. 42(c) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(5)(c)

F20 Reg. 42(e) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(5)(d)

Commencement Information

I41 Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

43.  In Article [F21 4(2)]—

(a) for “Commission shall adopt implementing acts” substitute “ appropriate authority must make regulations ”;

[F22 (ab) omit point (a);]

(b) omit the second subparagraph.

Textual Amendments

F21 Word in reg. 43 substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(6)(a)

F22 Reg. 43(ab) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(6)(b)

Commencement Information

I42 Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

44.  For Article 15 substitute—

“Article 15 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8.   Regulations under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.”.

Commencement Information

I43 Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Amendment of Regulation (EU) No 1144/2014 U.K.

45.  Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries is amended in accordance with regulations 46 to 56.

Commencement Information

I44 Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

46.  In Article 1, in the second subparagraph M10 , after point (b) insert—

“(c) ‘appropriate authority’ means:

(i) the relevant authority for the constituent nation in which the regulations apply, or

(ii) if consent is given by the relevant authority for the constituent nation in which the regulations apply, the Secretary of State.”.

Commencement Information

I45 Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Marginal Citations

M10 The Common Organisation of Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821) insert a second subparagraph into Article 1.

47.  For Article 4(3) substitute—

“3.   The appropriate authority may make regulations laying down detailed rules concerning the visibility of commercial brands during demonstrations or tastings and on information and promotional material, as referred to in paragraph 1, as well as the uniform conditions under which a single brand may be displayed.”.

Commencement Information

I46 Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

48.  For Article 5(2) substitute—

“2.   In order to take account of market developments, the appropriate authority may make regulations supplementing the list in Annex I to this Regulation by adding food products to that list.”.

Commencement Information

I47 Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

49.  In Article 7(2), for the words from “Commission” to “Article 22” substitute “ appropriate authority may make regulations ”.

Commencement Information

I48 Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

50.  In Article 8—

(a) in paragraph 1—

(i) for “Commission shall adopt implementing acts, laying down” substitute “ relevant authority may publish ”;

(ii) omit “Union's”;

(iii) omit the last sentence;

(b) for paragraph 2 substitute—

“2.   Following publication of the work programme, the appropriate authority may issue a call for proposals for simple programmes to implement the work programme.”.

Commencement Information

I49 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

51.  For Article 11 substitute—

“Article 11 U.K. Selection of simple programmes

1.   The appropriate authority must evaluate proposals for simple programmes submitted to it in response to the call for proposals under Article 8(2).

2.   The appropriate authority must select one or more of the programmes submitted to it and may make selection of a programme conditional on amendments being made to the programme proposed.

3.   Following selection, the appropriate authority must publish a list of those selected and the corresponding budget for each.

4.   The appropriate authority may make regulations setting specific conditions for eligibility with regard to simple programmes.”.

Commencement Information

I50 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

52.  In Article 13—

(a) in paragraph 1, for the words from “Commission” to “Article 22,” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 2—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) omit the last sentence.

Commencement Information

I51 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

53.  In Article 14(1)—

(a) omit the first sentence;

(b) for “Member States” substitute “ relevant authority ”;

(c) for “Union” substitute “ retained EU ”;

(d) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(e) omit the last sentence;

Commencement Information

I52 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

54.  In Article 15(8)—

(a) for the words from “Commission” to “Article 22,” substitute “ appropriate authority may make regulations ”;

(b) for “Union funding” substitute “ funding under this Regulation ”.

Commencement Information

I53 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

55.  For Articles 22 and 23 substitute—

“Article 22 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M11 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M12 .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8.   Regulations under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

10.   The relevant authority must review and publish a report on the use of the powers to make regulations under Articles 5(2), 7(2), 13(1) and 15(8) at least every 5 years. Following such a review, the appropriate authority may make regulations revoking all or any of those powers.”.

Commencement Information

I54 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Marginal Citations

M11 2010 asp. 10.

M12 S.I. 1979/1573 (N.I. 12).

56.  In Article 25—

(a) in the first subparagraph—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”

(ii) omit “common” in the third place it occurs;

(iii) omit the last sentence;

(b) in the second subparagraph, for “All interested parties shall provide the Commission” substitute “ Proposing organisations must provide the relevant authority ”

Commencement Information

I55 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

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

57.  Commission Implementing Regulation (EU) 2016/1240 laying down rules for the application of Regulation (EU) No 1308/2013 with regard to public intervention and aid for private storage is amended in accordance with regulations 58 to 60.

Commencement Information

I56 Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

58.  In Article 12—

(a) in paragraph 1—

(i) for the words from the beginning to “shall”, in the second place it occurs, substitute “ Where the appropriate authority decides to buy-in products under [F23 Article 13(2)] of Regulation (EU) No. 1308/2013 [F24 or Article 3(2) of Regulation (EU) No 1370/2013], it must publish a tendering procedure. The tendering procedure must ”;

(ii) after point (b) insert—

“(c) in the case of a restricted tendering procedure under Article 3(3) of Regulation (EU) No. 1370/2013, the region covered.”;

(b) for paragraph 2 substitute—

“2.   The appropriate authority may open a tendering procedure for buying-in of beef by category or region on the basis of the two most recent weekly market prices recorded. The appropriate authority may close the tendering procedure on the basis of the most recent weekly market prices recorded.”;

(c) omit paragraph 3;

(d) in paragraph 5—

(i) in point (a)—

(aa) for “a Member State” substitute “ the United Kingdom ”;

(bb) for “Member State”, in the second place it occurs, substitute “ United Kingdom ”;

(ii) in point (b), for “Commission Regulation (EC) No 1249/2008” substitute “ Commission Delegated Regulation (EU) 2017/1182 and Commission Implementing Regulation (EU) 2017/1184. ”;

(iii) in point (c)—

(aa) for “a Member State” substitute “ the United Kingdom ”;

(bb) for “that Member State” substitute “ the United Kingdom ”.

Textual Amendments

F23 Words in reg. 58(a)(i) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(7)(a)

F24 Words in reg. 58(a)(i) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(7)(b)

Commencement Information

I57 Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

59.  In Article 28—

(a) for paragraph 2 substitute—

“2.   The tendering procedure must be open for at least six days.”;

(b) in paragraph 3, for “Union or a Member State” substitute “ constituent nation ”;

(c) in paragraph 4, for “Implementing Regulation”, in both places it occurs, substitute “ tendering procedure ”.

Commencement Information

I58 Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

60.  In Article 39—

(a) in paragraph 1, for “The Implementing Regulation opening the tendering procedure or” substitute “ [F25 Any tendering procedure (where tendering applies) or Regulations]”;

(b) omit paragraph 2;

(c) in paragraph 3, omit “the entry into force of the Implementing Regulation”.

Textual Amendments

F25 Words in reg. 60(a) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 16(8)

Commencement Information

I59 Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)