Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply throughout the United Kingdom, come into force on 20th March 1992. They re-enact with amendments the Common Agricultural Policy (Agricultural Produce) (Protection of Community Arrangements) (No. 2) Order 1973 (S.I. 1973/288), as amended, and the Common Agricultural policy (Protection of Community Arrangements) Regulations 1973 (S.I. 1973/424), as amended.

The Regulations also make provision for the implementation and enforcement of Council Regulation (EEC) No. 4045/89 (OJ No. L 388, 30.12.89. p.18) ( “Regulation 4045/89”) on scrutiny by Member States of transactions forming part of the system of financing of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC. They also implement in part the obligations of the United Kingdom contained in Article 8 of Council Regulation (EEC) No. 729/70(OJ No. L 94, 28.4.70, p.13; OJ/SE 1970 (I) p.218) on the financing of the common agricultural policy.

The Regulations—

(a)

enable the Intervention Board for Agricultural Produce ( “the Board”) to require by notice published in the London, Edinburgh and Belfast Gazettes any specified person or connected person (these terms are defined in regulation 2) to keep and retain records as specified in the notice (regulation 3);

(b)

prohibit the export outside the United Kingdom of any specified commodity in respect of which a security is required by Article 32 of Commission Regulation (EEC) No. 3540/85 (OJ No. L 342, 19.12.85, p.1), as amended, unless such security is lodged with the Board (regulation 4);

(c)

confer upon authorised officers of an enforcement authority powers to enter land or vehicles, to inspect land, vehicles, animals or equipment, to inspect and take samples of specified commodities or other substances, to require the production of documents and information, to inspect documents (including those kept on a computer), to require the production of copies or extracts of documents and to seize and retain documents (regulation 5);

(d)

require the giving of assistance to authorised officers (regulation6);

(e)

designate authorised officers as the officials responsible for scrutiny under Regulation 4045/89 (regulation 7);

(f)

prescribe offences and penalties and provide a defence of due diligence (regulations 8, 9 and 10); and

(g)

enable the Board to recover any Community debt (regulation 11).