# The Single Common Market Organisation (Emergency Aid for Milk Producers) (Amendment) Regulations 2016

S.I. 2016/1076 · made 7 November 2016

These Regulations make provision for the implementation in the United Kingdom of Commission Delegated Regulation (EU) 2016/1612 providing aid for milk production reduction (OJ No L 242, 9.9.2016, p 4) (“Commission Regulation (EU) 2016/1612”) by amending the Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015 (S.I. 2015/1896).

Made under: European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/single-common-market-organisation-emergency-aid-for-milk-producers-amendment-regulations-2016/pdf/uksi_20161076_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/single-common-market-organisation-emergency-aid-for-milk-producers-amendment-regulations-2016/pdf/uksiem_20161076_en.pdf

## Introductory text

Agriculture
Made 7th November 2016
Laid before Parliament 9th November 2016
Coming into force 1st December 2016
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

## 1 Citation and commencement

These Regulations may be cited as the Single Common Market Organisation (Emergency Aid for Milk Producers) (Amendment) Regulations 2016 and come into force on 1st December 2016.

## 2 Amendment of the Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015

The Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015 are amended as follows.

## 3 Amendment of regulation 2

In regulation 2(1) (interpretation) insert at the appropriate place—
““Commission Regulation (EU) 2016/1612” means Commission Delegated Regulation (EU) 2016/1612 providing aid for milk production reduction;”;
““milk reduction payment” means a payment due to any person under Article 5 of Commission Regulation (EU) 2016/1612;”.

## 4 Amendment of regulation 6

In regulation 6(1) (recovery of undue payments)—
(a) in paragraph (a) omit “or”;
(b) after (b) insert—
“(c) any milk reduction payment,”;
(c) at the end insert “or Commission Regulation (EU) 2016/1612”.

## 5 Amendment of regulation 8

For regulation 8 (set-off) substitute—
“8. The Secretary of State may set off—
(a) any sum payable under these Regulations or Commission Regulation (EU) 2016/1612 against any sum recoverable by any of the competent authorities under Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy;
(b) any sum recoverable under regulation 6(1) (including any interest charged in accordance with regulation 7(1)) against any sum payable by any of the competent authorities under the Direct Payments Regulation or Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).”.

## 6 Amendment of regulation 15

In regulation 15(2) (review of implementation in other member States), for “Commission Regulation (EU) 2015/1853 is” substitute “Commission Regulation (EU) 2015/1853 and Commission Regulation (EU) 2016/1612 are”.

## Signature

George Eustice
Minister of State
Department for Environment, Food and Rural Affairs
7th November 2016

## Explanatory note

(This note is not part of the Regulations)
These Regulations make provision for the implementation in the United Kingdom of Commission Delegated Regulation (EU) 2016/1612 providing aid for milk production reduction (OJ No L 242, 9.9.2016, p 4) (“Commission Regulation (EU) 2016/1612”) by amending the Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015 (S.I. 2015/1896).
Regulation 4 provides that any payments made in excess of any milk reduction payment due to a person under Commission Regulation (EU) 2016/1612 may be recovered on demand as a debt.
Regulation 5 provides for the set-off of any debts incurred under this instrument or under Commission Regulation (EU) 2016/1612 against rural development payments or direct payments payable; and any payments due under this instrument or under Commission Regulation (EU) 2016/1612 may be set off against any recoverable Common Agricultural Policy payments.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2016/1076 (the official version)
Page: https://openlegislation.uk/single-common-market-organisation-emergency-aid-for-milk-producers-amendment-regulations-2016
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.