The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No. 814/2000, (EC) No 1290/2005 and (EC) No 485/2008^f1 is amended in accordance with paragraphs (2) to (6).

In Article 7^f2 (designation of paying agencies and coordinated action by relevant authorities), after paragraph 5A, insert—

“5B.

Paragraph 5 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 8^f3 (commission powers), after paragraph 1A, insert—

“1B.

Paragraph 1 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 20^f4 (public intervention expenditure), after paragraph 3A, insert—

“3B.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023”.

In Article 46^f5 (commission powers), after paragraph 7, insert—

“8.

Paragraph 6 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 62^f6 (powers as regards checks), after paragraph 3, insert—

“4.

Point (i) of paragraph 2 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

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 and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007^f1 is amended in accordance with paragraphs (2) to (11).

In Article 9^f2 (origin of eligible products), at the end, insert—

“In relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023, the first paragraph is to be read as if “for buying-in under public intervention or” were omitted.”.

In Article 11^f3 (products eligible for public intervention) at the end, insert—

“This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.”.

In Article 12^f4 (public intervention periods) at the end, insert—

“This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.”.

After Article 13(6)^f5 (public intervention) insert—

“7.

This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.”.

In Article 14^f6 (buying-in at a fixed price or tendering), at the end, insert—

“This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) for a period of five years beginning on 1 July 2023.”.

In Article 15^f7 (public intervention price), after paragraph 3, insert—

“4.

This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) for a period of five years beginning on 1 July 2023.”.

In Article 16^f8 (general principles on disposal from public intervention), after paragraph 4, insert—

“5.

This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) for a period of five years beginning on 1 July 2023.”.

In Article 17^f9 (eligible products), at the end, insert—

“The second paragraph ceases to apply in relation to Scotland on 1 July 2023.”.

In Article 19^f10 (delegated powers)—

In Article 20^f11 (implementing powers in accordance with the examination procedure), at the end, insert—

“This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.

In relation to private storage aid schemes in Scotland, point (o) is to be read as if point (ii) were omitted.”.

Council Regulation (EU) No 1370/2013 of 16 December 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 paragraphs (2) to (4).

In Article 1a^f1 (reference thresholds), after paragraph 4, insert—

“5.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 2^f2 (public intervention prices), after paragraph 4, insert—

“5.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 3^f3 (buying-in prices and applicable quantitative limitations), after paragraph 4A, insert—

“4B.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro^f1 is amended in accordance with paragraphs (2) to (9).

In Article 3^f2 (obligations of the paying agency as regards public intervention), after paragraph 4A, insert—

“4B.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023”.

In Article 4^f3 (inventory), after paragraph 3, insert—

“4.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 29^f4 (production refunds and specific types of aid)—

In Article 36^f7 (other amounts and prices), at the end, insert—

“This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 40^f8 (determination of the exchange rate), at the end, insert—

“Point (b) of the second paragraph ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 2^f9 (obligations of the paying agencies and the physical inspection procedures), after point ZA (application), insert—

“ZB.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 3^f10 (obligations and general principles relating to storers’ responsibilities), at the beginning, insert—

“This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 4^f11 (tolerance limits), after paragraph A1, insert—

“A2.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency^f1 is amended in accordance with paragraphs (2) to (7).

In Article 11^f2 (general rules on the declaration of expenditure and on assigned revenue), after paragraph 5A, insert—

“5B.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 12^f3 (special rules on declarations of expenditure relating to public storage), after paragraph 3, insert—

“4.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 16^f4 (content of the public storage accounts to be kept by paying agencies) after paragraph 3, insert—

“4.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023”.

In Article 17^f5 (accounting related to public intervention), after paragraph 2A, insert—

“2B.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 18^f6 (dates for entering expenditure and revenue and product movements in the accounts for public intervention), after paragraph 3, insert—

“4.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023”.

In Annex 13^f7 (measures referred to in Article 57), after paragraph 2A, insert—

“2B.

The first indent of paragraph 2 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage^f1 is amended in accordance with paragraphs (2) to (14).

In Article 2^f2 (eligibility of operators), after paragraph 4, insert—

“5.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 3^f3 (eligibility of products), after paragraph 4, insert—

“5.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 4^f4 (security), at the end, insert—

“This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.

This Article ceases to apply in relation to private storage aid schemes in Scotland.”.

In Article 5^f5 (release and forfeiture of security), after paragraph 9, insert—

“10.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.

11.

This Article ceases to apply in relation to private storage aid schemes in Scotland”.

In Article 6^f6 (intervention storage places), after paragraph 3, insert—

“4.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 7^f7 (requirements for storage places), after paragraph 4, insert—

“5.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 8^f8 (payment of aid for private storage)—

In Annex 1^f9 (buying-in of cereals), after point A1, insert—

“A2.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 2^f10 (buying-in of rice), after point A1, insert—

“A2.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 3^f11 (buying-in of beef), after point A1, insert—

“A2.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 4^f12 (buying-in of butter), after point A1, insert—

“A2.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 5^f13 (buying-in of skimmed milk powder), after point A1, insert—

“A2.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Annex 6^f14 (quality requirements for aid for private storage), at the end of heading 5, insert—

“In relation to Scotland, the text under this heading is to be read as if—

(a)

the first and second paragraphs were omitted;

(b)

in the third paragraph, for “Furthermore, the cheese” there were substituted  “Cheese”.”.

Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage^f1 is amended in accordance with paragraphs (2) to (16).

In Article 2^f2 (submission and admissibility of offers, tenders and applications), after paragraph 9, insert—

“10.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In each of Articles 3 (intervention storage places), 15 (individual decisions on tenders), 17 (delivery order), 18 (specific provisions for the delivery of cereals and rice), 20 (specific provisions for the delivery of beef), 22 (delivery), 30 (submission and admissibility of tenders), 33 (individual decisions on tenders), 38 (removal of butter and skimmed milk powder) and 57^f3 (specific provisions on checks relating to public intervention), after paragraph 4, insert—

“5.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In each of Articles 4 (establishing the eligibility of products), 5 (minimum quantities of products offered or tendered), 7 (submission and admissibility of offers and tenders), 8 (verification of offers and tenders by the paying agency), 11 (measures for respecting the quantitative limitations), 13 (submission and admissibility of tenders), 14 (decisions on the buying-in price), 23 (the takeover record), 26 (price adjustments for cereals and rice), 27 (payments), 32 (decisions on the selling price), 37 (removal order), 58 (specific provisions on checks relating to public intervention for cereals and rice) and 59^f4 (specific provisions for the takeover in storage place of the storekeeper for cereals and rice), after paragraph 3, insert—

“4.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In each of Articles 6 (level of the security for buying-in of products), 10 (submission of offers for buying-in of common wheat, butter and skimmed milk powder at fixed price), 16 (limitation of buying-in for beef), 24 (obligations of the operator), 25 (deboning requirement for beef) and 35^f5 (payments), at the end, insert—

“This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In each of Articles 12 (tendering procedure), 28 (opening of the tendering procedure) and 34^f6 (specific rules for the allocation of beef, butter and skimmed milk powder), after paragraph 6, insert—

“7.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 19^f7 (transport costs for cereals and rice), after paragraph 1A, insert—

“1B.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In each of Articles 21 (specific provisions for the packing, delivery and storage of butter and skimmed milk powder), 29 (notice of invitation to tender and arrangements related to the invitation to tender), 36 (sales by the paying agency) and 65^f8 (notifications of information on intervention stocks), after paragraph 5, insert—

“6.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 39^f9 (opening of tendering procedures and fixing aid in advance), after paragraph 1A, insert—

“1B.

In relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023, paragraph 1 is to be read as if point (i) were omitted

1C.

In relation to private storage aid schemes in Scotland, paragraph 1 is to be read as if point (i) were omitted.”.

In Article 40^f10 (submission and admissibility of tenders and applications for aid for private storage), at the end, insert—

“In relation to private storage aid schemes in Scotland, this Article is to be read as if—

(a)

in point (a)(vi), for “euro” there were substituted “sterling”,

(b)

point (b) were omitted.”.

In Article 52^f11 (obligations of the operator), after paragraph 2A, insert—

“2B.

In relation to private storage aid schemes in Scotland, paragraph 2 is to be read as if—

(a)

point (i) were omitted;

(b)

in point (ii), “for other products” were omitted.”.

In Article 56^f12 (general provisions on checks relating to public intervention and aid for private storage), after paragraph 5, insert—

“6.

This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In Article 60^f13 (specific provisions on checks relating to aid for private storage)—

In Article 60a^f14 (specific provision on checks relating to public intervention and aid for private storage for milk and milk products), after paragraph 3, insert—

“4.

In relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023, this Article is to be read as if—

(a)

in the heading, “public intervention and” were omitted,

(b)

in paragraph 1, in the second subparagraph, the words from “n force” to the end were omitted.

5.

In relation to private storage aid schemes in Scotland, this Article is to be read as if—

(a)

in the heading, “public intervention and” were omitted,

(b)

in paragraph 1, in the second subparagraph, the words from “n force” to the end were omitted.”.

In each of Annexes 1 (cereals) to 5^f15 (skimmed milk powder), after point A1, insert—

“A2.

This Annex ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.”.

In the Appendix to Annex 9^f16, after the second paragraph, insert—

“In relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023, this paragraph is to be read as if for “public intervention and private storage legislation lay” there were substituted “private storage legislation lays”.”.

Regulations 3 to 9 are of no effect in so far as they relate to any admissible offer for public intervention which is received before 1 July 2023.

For the purposes of this regulation, an admissible offer for public intervention is an offer which is received in accordance with Articles 2 and 7 of Commission Implementing Regulation (EU) 2016/1240 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage.