Title and commencement

1.  These Regulations may be cited as the Common Agricultural Policy (Review of SCMO Decisions) Regulations (Northern Ireland) 2015 and shall come into operation on 1st January 2016.

Interpretation

2.-(1) The Interpretation Act (Northern Ireland) 1954 (3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations-

"application" means an application for a review of a relevant determination made under regulation 4(2) and "applicant" shall be construed accordingly;

"Department" means the Department of Agriculture and Rural Development; and

"relevant determination" means a determination to which these Regulations apply.

(3) Any reference in these Regulations to a EU instrument is a reference to that instrument as amended on the date these Regulations are made.

Application

3.  These Regulations shall apply in relation to any initial determination made by or on behalf of the Department-

(a)in connection with any EU instrument listed in the Schedule; or

(b)in connection with any statutory provision implementing or supplementing any such EU instrument,

where the applicant's trading address or, where there is more than one such address, principal trading address, was in Northern Ireland on the date of the determination to which this application relates.

Review of Determinations

4.-(1) The Department may establish such procedure as it thinks appropriate for the review by it or on its behalf of a relevant determination.

(2) The procedures established under paragraph (1) shall-

(a)provide for a review of a relevant determination to be carried out on the application of the person to whom it was directed,

(b)provide for the manner of making any such application; and

(c)provide for the time within which supporting evidence is to be submitted for the purposes of a review of the relevant determination.

(3) Any such procedure so established may, in particular, provide for consideration of the initial determination by such persons (not exceeding three) as the Department may appoint for that purpose, with a view to their making a report of their conclusions in relation to the initial determination and a recommendation as to the manner in which the matter should be finally determined.

(4) Where the Department establishes any such procedure as is mentioned in paragraph (3), it may-

(a)pay to the persons so appointed such reasonable remuneration in respect of their functions under that procedure, and such travelling and other allowances, as it may determine; and

(b)charge any applicant whose application is considered under the procedure so established such fee (not exceeding £100) as the Department may determine in respect of the costs incurred by it by virtue of the operation of that procedure in relation to the review in question.

(5) Any procedure such as is mentioned in paragraph (3) may provide that, where the Department decides to charge fees under paragraph (4)(b), a review in respect of which a fee is payable shall not proceed unless the application for that review is accompanied by the fee.

(6) Where, in pursuance of any such procedure as is mentioned in paragraph (3), a relevant determination is-

(a)amended, altered or modified; or

(b)revoked or substituted by another determination,

any fee payable by a person under paragraph (4)(b) in respect of the review shall be refunded to that person.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 10th December 2015.

David Small

A senior officer of the

Department of Agriculture and Rural Development

Regulation 3

SCHEDULECommunity Instruments to which these Regulations apply

Commission Regulation (EEC) No. 1361/76 laying down certain detailed rules for applying the export refund on rice and on mixtures of rice(4)

Commission Regulation (EC) No. 1439/95 laying down detailed rules for the application of Council Regulation (EEC) No. 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector(5)

Commission Regulation (EC) No. 1517/95 laying down detailed rules for the application of Regulation (EEC) No. 1766/92 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No. 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(6)

Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97(7)

Commission Regulation (EC) No. 1825/2000 laying down detailed rules for the application of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products(8)

Commission Regulation (EC) No. 1488/2001 laying down rules for the application of Council Regulation (EC) No. 3448/93 as regards the placement of certain quantities of certain basic products listed in Annex I to the Treaty establishing the European Community under the inward processing arrangements without prior examination of the economic conditions(9)

Commission Regulation (EC) No. 2298/2001 laying down detailed rules for the export of products supplied as food aid(10)

Commission Regulation (EC) No. 2535/2001 laying down detailed rules for applying Council Regulation (EC) No. 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas(11)

Commission Regulation (EC) No. 1082/2003 laying down detailed rules for the implementation of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals(12)

Commission Regulation (EC) No. 1342/2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(13)

Commission Regulation (EC) No. 2305/2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries(14)

Commission Regulation (EC) No. 2336/2003 introducing certain detailed rules for applying Council Regulation (EC) No. 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin(15)

Commission Regulation (EC) No. 595/2004 laying down detailed rules for applying Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector(16)

Commission Regulation (EC) No. 1345/2005 laying down detailed rules for the application of the system of import licences for olive oil(17)

Commission Regulation (EC) No. 1993/2005 on the adjustment of the export refunds on malt under Article 15(4) of Council Regulation (EC) No. 1784/2003(18)

Commission Regulation (EC) No. 952/2006 laying down detailed rules for the application of Council Regulation (EC) No. 318/2006 as regards the management of the Community market in sugar and the quota system(19)

Commission Regulation (EC) No. 967/2006 laying down detailed rules for the application of Council Regulation (EC) No. 318/2006 as regards sugar production in excess of the quota(20)

Commission Regulation (EC) No. 969/2006 opening and providing for the administration of a Community tariff quota for imports of maize from third countries(21)

Commission Regulation (EC) No. 972/2006 laying down special rules for imports of Basmati rice and a transitional control system for determining their origin(22)

Commission Regulation (EC) No. 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences(23)

Commission Regulation (EC) No. 1505/2006 implementing Council Regulation (EC) No. 21/2004 as regards the minimum level of checks to be carried out in relation to the identification and registration of ovine and caprine animals(24)

Commission Regulation (EC) No. 1643/2006 laying down detailed rules for the application of granting of assistance for the export of beef and veal products which may benefit from a special import treatment in a third country(25)

Commission Regulation (EC) No. 1670/2006 laying down certain detailed rules for the application of Council Regulation (EC) No. 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks(26)

Commission Regulation (EC) No. 1850/2006 laying down detailed rules for the certification of hops and hop products(27)

Commission Regulation (EC) No. 1918/2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia(28)

Commission Regulation (EC) No. 1964/2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No. 3491/90(29)

Commission Regulation (EC) No. 1979/2006 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries(30)

Commission Regulation (EC) No. 341/2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries(31)

Commission Regulation (EC) No. 433/2007 laying down the conditions for granting special export refunds for beef and veal(32)

Commission Regulation (EC) No. 445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products(33)

Commission Regulation (EC) No. 533/2007 opening and providing for the administration of tariff quotas in the poultrymeat sector(34)

Commission Regulation (EC) No. 536/2007 opening and providing for the administration of a tariff quota for poultrymeat allocated to the United States of America(35)

Commission Regulation (EC) No. 539/2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin(36)

Commission Regulation (EC) No. 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries(37)

Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products(38)

Commission Regulation (EC) No. 1299/2007 on the recognition of producer groups for hops(39)

Commission Regulation (EC) No. 1359/2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals(40)

Commission Regulation (EC) No. 1384/2007 laying down detailed rules for the application of Council Regulation (EC) No. 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel(41)

Commission Regulation (EC) No. 1385/2007 laying down detailed rules for the application of Council Regulation (EC) No. 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat(42)

Commission Regulation (EC) No. 1454/2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products(43)

Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries(44)

Commission Regulation (EC) No. 273/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products(45)

Commission Regulation (EC) No. 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(46)

Commission Regulation (EC) No. 382/2008 on rules of application for import and export licences in the beef and veal sector(47)

Commission Regulation (EC) No. 412/2008 opening and providing for the administration of an import tariff quota for frozen beef intended for processing(48)

Commission Regulation (EC) No. 431/2008 opening and providing for the administration of an import tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 02062991(49)

Commission Regulation (EC) No. 507/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre(50)

Commission Regulation (EC) No. 543/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing standards for poultrymeat(51)

Commission Regulation (EC) No. 566/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less(52)

Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs(53)

Commission Regulation (EC) No. 617/2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks(54)

Commission Regulation (EC) No. 657/2008 laying down detailed rules for applying Council Regulation (EC) No. 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments(55)

Commission Regulation (EC) No. 748/2008 on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals falling within CN code 02062991(56)

Commission Regulation (EC) No. 826/2008 laying down common rules for the granting of private storage aid for certain agricultural products(57)

Commission Regulation (EC) No. 903/2008 on special conditions for granting export refunds on certain pigmeat products(58)

Commission Regulation (EC) No. 1067/2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007(59)

Commission Regulation (EC) No. 1249/2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof(60)

Commission Regulation (EC) No. 1276/2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts(61)

Commission Regulation (EC) No. 1295/2008 on the importation of hops from third countries(62)

Commission Regulation (EC) No. 296/2009 on detailed rules for administrative assistance with the exportation of certain cheeses subject to quota restrictions that qualifies for special treatment on importation into the United States of America(63)

Commission Regulation (EC) No. 388/2009 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the import and export system for products processed from cereals and rice(64)

Commission Regulation (EC) No. 442/2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector(65)

Commission Regulation (EC) No. 610/2009 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile(66)

Commission Regulation (EC) No. 612/2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products(67)

Commission Regulation (EC) No. 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector(68)

Commission Regulation (EC) No. 1130/2009 laying down common detailed rules for verifying the use and/or destination of products from intervention(69)

Commission Regulation (EC) No. 1187/2009 laying down special detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards export licences and export refunds for milk and milk products(70)

Commission Regulation (EU) No. 1272/2009 laying down common detailed rules for the implementation of Council Regulation (EC) No. 1234/2007 as regards buying-in and selling of agricultural products under public intervention(71)

Commission Regulation (EU) No. 234/2010 laying down certain detailed rules for the application of Council Regulation (EC) No. 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(72)

Commission Regulation (EU) No. 578/2010 on the implementation of Council Regulation (EC) No. 1216/2009 as regards the system of granting export refunds for certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds(73)

Commission Regulation (EU) No. 642/2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No. 1234/2007(74)

Commission Regulation (EU) No. 817/2010 laying down detailed rules pursuant to Council Regulation (EC) No. 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport(75)

Commission Regulation (EU) No. 1178/2010 laying down detailed rules for implementing the system of export licences in the egg sector(76)

Commission Regulation (EU) No. 1255/2010 laying down detailed rules for the application of the import tariff quotas for ‘baby beef' products originating in Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro and Serbia(77)

Commission Regulation (EU) No. 90/2011 of 3 February 211 laying down detailed rules for implementing the system of export licences in the poultrymeat sector(78)

Commission Implementing Regulation (EU) No. 543/2011 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(79)

Commission Implementing Regulation (EU) No. 1273/2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice(80)

Commission Implementing Regulation (EU) No. 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector(81)

Commission Implementing Regulation (EU) No. 1354/2011 opening annual Union tariff quotas for sheep, goats, sheepmeat and goatmeat(82)

Commission Implementing Regulation (EU) No. 480/2012 opening and providing for the management of a tariff quota for broken rice of CN code 10064000 for production of food preparations of CN code 19011000(83)

Commission Implementing Regulation (EU) No. 511/2012 on notifications concerning producer and interbranch organisations and contractual negotiations and relations provided for in Council Regulation (EC) No. 1234/2007 in the milk and milk products sector(84)

Commission Delegated Regulation (EU) No. 880/2012 supplementing Council Regulation (EC) No. 1234/2007 as regards transnational cooperation and contractual negotiations of producer organisations in the milk and milk products sector(85)

Commission Implementing Regulation (EU) No. 1223/2012 laying down detailed rules for the application of an import tariff quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland provided for in the Agreement between the European Community and the Swiss Confederation on trade in agricultural products(86)

Commission Implementing Regulation (EU) No. 82/2013 laying down detailed rules for the application of an import tariff quota of dried boneless beef originating in Switzerland(87)

Commission Implementing Regulation (EU) No. 457/2013 derogating from Regulations (EC) No. 412/2008 and (EC) No. 431/2008 as regards beef import quotas for the period running from 1 July 2013 to 30 June 2014(88)

Commission Implementing Regulation (EU) No. 593/2013 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat(89)

Regulation (EU) No. 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products(90)

Council Regulation (EU) No. 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products(91)

Commission Implementing Regulation (EU) No. 1373/2013 laying down detailed rules for implementing the system of export licences in the pigmeat sector(92)

Commission Implementing Regulation (EU) No. 411/2014 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine(93)

Commission Implementing Regulation (EU) No. 412/2014 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine(94)

Commission Implementing Regulation (EU) No. 413/2014 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine(95)

Commission Implementing Regulation (EU) No. 414/2014 opening and providing for the administration of Union import tariff quotas for fresh and frozen pigmeat originating in Ukraine(96)

Commission Implementing Regulation (EU) No. 416/2014 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine(97)

Regulation (EU) No. 510/2014 of the European Parliament and of the Council laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products etc(98)

Commission Implementing Regulation (EU) No. 776/2014 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2014/2015 marketing year(99)

Commission Implementing Regulation (EU) No. 1033/2014 fixing the representative prices and additional import duties applicable to molasses in the sugar sector from 1 October 2014(100)

Commission Delegated Regulation (EU) No. 932/2014 of 29 August 2014 laying down temporary exceptional support measures for producers of certain fruit and vegetables(101)

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations enable the Department to establish procedures for the review of a relevant determination made by the Department under any of the EU instruments listed in the Schedule to the Regulations, or any statutory provision which implements or supplements those EU instruments in Northern Ireland.

These instruments relate to the implementation of the Single Common Market Organisation (SCMO) Regulations in Northern Ireland.

The procedures to be established under these Regulations may include consideration by persons appointed by the Department with a view to their making a recommendation as to how the matter should ultimately be determined.

The Regulations confer power to pay remuneration and allowances to any such persons appointed, and to charge a fee in respect of the costs of the procedures.