The Private Storage Aid for Pigmeat (England) Regulations 2021
These Regulations are made in response to, and in connection with, the exceptional market conditions which are the subject of the declaration made by the Secretary of State under section 20 of the Agriculture Act 2020 on 11th November 2021.
Citation, commencement, extent and application1.
(1)
These Regulations may be cited as the Private Storage Aid for Pigmeat (England) Regulations 2021.
(2)
These Regulations come into force on the day after the day on which they are laid before Parliament.
(3)
These Regulations extend to England and Wales, but apply only in relation to England.
Interpretation2.
In these Regulations—
“Regulation (EU) No 2016/1240” means Commission Implementing Regulation (EU) No 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and the Council with regard to public intervention and aid for private storage;
“the commencement day” means the day on which these Regulations come into force;
“eligible product” means a product which—
(a)
is in table 1 or table 2, and
(b)
“PSA application” has the meaning given in regulation 5(1);
“the specified rate” has the meaning given in regulation 4(2);
“table 1” means table 1 in the Schedule;
“table 2” means table 2 in the Schedule.
Private storage aid for eligible products3.
(1)
(2)
The Secretary of State may not grant such aid for eligible products which have already been placed into storage.
(3)
The maximum total quantity of eligible products in respect of which the Secretary of State may grant such aid is 14,000 tonnes.
Rates of private storage aid for eligible products4.
(1)
Aid for private storage in England for eligible products may be granted at the specified rate.
(2)
For the purposes of these Regulations “the specified rate” is—
(a)
in relation to the products in table 1, the rate specified in column 3 of that table for the period for which the products are to be stored;
(b)
in relation to the products in table 2, the rate specified in column 4 of that table for the period for which the products are to be stored.
Applications for private storage aid5.
(1)
An eligible operator may make an application for aid for private storage for eligible products (a “PSA application”) at any time—
(a)
on or after the commencement day, and
(b)
before noon on 2nd February 2022.
(2)
An eligible operator may make more than one PSA application.
(3)
A PSA application must—
(a)
be for a storage period of 60, 90, 120, 150 or 180 days;
(b)
relate to only one of the following—
(i)
one of the products in table 1;
(ii)
one of the products described in the entry in column 3 of table 2 relating to category 3;
(iii)
products in category 5;
(iv)
products in category 6.
(c)
be in respect of at least—
(i)
15 tonnes of eligible products, where the application relates to products in table 1;
(ii)
10 tonnes of eligible products, where the application relates to products in table 2;
(d)
not relate to any eligible products which have already been placed into storage.
(4)
For the purposes of paragraph (3)(b) a reference to a numbered category is a reference to the corresponding numbered category in column 1 of table 2.
(5)
Security6.
(1)
(2)
The amount of the security is an amount, in sterling, corresponding to 20% of (A × T) where—
(a)
“A” is the specified rate;
(b)
“T” is the quantity, in tonnes, of eligible products which are to be stored.
(3)
Decisions on PSA applications7.
(1)
Article 45 of Regulation (EU) No 2016/1240 (decisions on applications for aid for private storage fixed in advance) has effect in connection with decisions on PSA applications with the modifications specified in paragraph (2).
(2)
The modifications mentioned in paragraph (1) are—
(a)
paragraph 1 is omitted;
(b)
in paragraph 2, for the words from “appropriate authority” to “paragraph 3” there is substituted “PSA threshold has not been met”
;
(c)
“2A.
For the avoidance of doubt, PSA applications submitted after the PSA threshold is met must not be accepted.
2B.
The Secretary of State must reject PSA applications made before the PSA threshold is met the acceptance of which would have been decided after that threshold is met.”.
(d)
“3.
Paragraph 4 applies where a PSA application is submitted which, if accepted by the Secretary of State in the form in which it is submitted, would mean that the PSA threshold would be exceeded.
4.
Where this paragraph applies, the Secretary of State—
(a)
may reduce the quantity in the PSA application to not less than the minimum quantity, if making the reduction would mean that the PSA threshold is not exceeded;
(b)
otherwise, must reject the application.
By way of derogation from Article 2(6), the operator who made the relevant PSA application may, if the Secretary of State reduces the quantity in the application, withdraw the application by the end of the relevant day.
For the purposes of this paragraph “the relevant day” is the next working day after the day on which the Secretary of State notifies the operator that the Secretary of State has decided to make the reduction.
5.
In this Article—
(a)
“PSA application” has the meaning given in the PSA Regulations;
(b)
“the PSA Regulations” means the Private Storage Aid for Pigmeat (England) Regulations 2021;
(c)
“the PSA threshold” means the threshold specified in regulation 3(3) of the PSA Regulations;
(d)
“the minimum quantity”, in relation to a PSA application, means—
(i)
15 tonnes, where the application relates to products in table 1 in the Schedule to the PSA Regulations;
(ii)
10 tonnes, where the application relates to products in table 2 in that Schedule.”.
SCHEDULEEligible products and rates of aid
Column 1 CN code | Column 2 Description of products in respect of which aid may be granted | Column 3 Rate of aid (in £/per tonne) for a storage period of | ||||
|---|---|---|---|---|---|---|
60 days | 90 days | 120 days | 150 days | 180 days | ||
ex 0203 12 11 | legs, bone in | 150 | 185 | 220 | 255 | 290 |
ex 0203 12 19 | shoulders, bone in | |||||
ex 0203 19 15 | middles with loins, bone in | |||||
Column 1 Category | Column 2 CN Code | Column 3 Description(s) of products in respect of which aid may be granted | Column 4 Rate of aid (in £/per tonne) for a storage period of | ||||
|---|---|---|---|---|---|---|---|
60 days | 90 days | 120 days | 150 days | 180 days | |||
Category 3 | ex 0203 19 55(a) | – legs, bone out; – shoulders, bone out; – fore-ends, bone out; – loins, with or without neck-ends, bone out; – neck-ends, bone out – loins, with or without chump, bone out | 145 | 180 | 215 | 250 | 285 |
Category 5 | ex 0203 19 55 | bellies, whole or trimmed by rectangular cut, without rind and ribs | |||||
Category 6 | ex 0203 19 55(b) | cuts corresponding to “middles”, with or without rind or fat, bone out | |||||
These Regulations are made in response to, and in connection with, the declaration made by the Secretary of State on 11th November 2021 under section 20 of the Agriculture Act 2020 (c. 21) to the effect that the Secretary of State considers that exceptional market conditions exist which justify use of the powers referred to in section 21 of that Act. The declaration describes the exceptional market conditions in question and the grounds for considering that they justify making use of the powers referred to in section 21.
These Regulations apply only in relation to England.
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (“the CMO Regulation”) confers various powers on the Secretary of State to make provision for, and in connection with, the grant of aid for private storage (“PSA”) for certain products including pigmeat.
These Regulations provide for the grant of PSA for the storage in England of certain pigmeat products (“eligible products”) for fixed periods of 60, 90, 120, 150 or 180 days. PSA cannot be granted under the Regulations for any eligible products which are already in storage. The total quantity (“the PSA threshold”) in respect of which PSA may be granted is 14,000 tonnes of eligible products.
The general framework under which PSA for eligible products may be granted, in England, is currently provided for in retained direct EU law including, in particular:
the CMO Regulation;
Council Regulation (EU) No 1370/2013 determining measures fixing certain aids and refunds related to the common organisation of the markets in agricultural products;
Commission Delegated Regulation (EU) No 2016/1238 supplementing Regulation (EU) No 1308/2013;
Commission Implementing Regulation (EU) No 2016/1240 laying down rules for the application of Regulation (EU) No 1308/2013.
These Regulations supplement that framework by:
setting, as required by Article 4(2) of Council Regulation (EU) No 1370/2013, the amount of PSA which may be granted for private storage for eligible products;
setting the amount of the security that eligible operators who apply for PSA must pay in accordance with Article 40(b) of Commission Delegated Regulation (EU) No 2016/1240;
setting various requirements for applications for PSA. Such applications can be made until noon on 2nd February 2022, unless the PSA threshold is met before then. If the PSA threshold is met, no further applications will be accepted from that time. The requirements that an application must meet are in addition to those set out in Articles 2 and 40 of Commission Delegated Regulation (EU) No 2016/1240;
modifying Article 45 of Commission Delegated Regulation (EU) No 2016/1240 as it applies for the purposes of this scheme, to make clear the circumstances in which the Secretary of State may reduce the quantity in an application for PSA and the circumstances in which applications for PSA are to be rejected;
modifying Commission Delegated Regulation (EU) No 907/2014 as it applies in relation to securities which are to be lodged for the purposes of this scheme.
No impact assessment has been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.