The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g) and 8(9) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulations 2, 4 and 5 make amendments to Commission Implementing Regulation (EU) No 543/2011, Commission Delegated Regulation (EU) 2017/891 and Commission Implementing Regulation (EU) 2017/892 concerning producer groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors.

Regulation 3 makes amendments to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (EUR 2013/1308). Articles 184 and 188 are amended to remove provision for the administration of tariff quotas for imported agricultural products and to provide for the administration of export tariff quotas for United Kingdom agricultural products by the Secretary of State. An entry in the table in Part 3 of Annex 9A to the Regulation is corrected.

Regulation 6 amends provisions of Commission Implementing Regulation (EU) 2017/1185 relating to notifications of agricultural market information to domestic authorities.

Regulation 7 revokes Part 4 of the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020. There is doubt as to whether the amendments made by Part 4 of those Regulations came into force, as intended, on IP completion day, due to an error in the commencement provisions of those Regulations. To put this matter beyond doubt and ensure that the retained EU legislation is amended as intended, provisions of regulations 2 and 4 to 6 of these Regulations remake the amendments in Part 4 of those Regulations. Regulation 7 also revokes provisions of the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 that may not have taken effect because the provisions purported to amend text in retained EU legislation that may not have existed due to the error in the commencement provision relating to Part 4 of the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020. The revoked provisions have been remade in regulations 4 and 5.

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