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

Changes over time for: Article 210

Alternative versions:

17/12/2013- Amendment
Exit day: start of implementation period31/01/2020 11pm- Amendment
End of implementation period31/12/2020- Amendment
31/12/2020
Point in time

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

Regulation (EU) No 1308/2013 of the European Parliament and of the Council, Article 210 is up to date with all changes known to be in force on or before 12 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Article 210U.K.Agreements and concerted practices of recognised interbranch organisations

1.[F1Section 2(1) of the Competition Act 1998] shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation with the object of carrying out the activities listed in point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.

2.Paragraph 1 shall apply provided that:

(a)the agreements, decisions and concerted practices referred to therein have been notified to the [F2Competition and Markets Authority]; and

(b)within two months of receipt of all the details required the [F3Competition and Markets Authority] has not found that those agreements, decisions or concerted practices are incompatible with [F4any applicable legislation].

Where the [F5Competition and Markets Authority] finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with [F6any applicable legislation], it shall set out its finding F7....

3.The agreements, decisions and concerted practices referred to in paragraph 1 may not be put into effect before the lapse of the two-month period referred to in point (b) of the first subparagraph of paragraph 2.

4.Agreements, decisions and concerted practices shall in any case be declared incompatible with [F8any applicable legislation] if they:

(a)may lead to the partitioning of markets within the [F9United Kingdom] in any form;

(b)may affect the sound operation of the market organisation;

(c)may create distortions of competition which are not essential to achieving the objectives [F10set out in Article 39 TFEU which are] pursued by the interbranch organisation activity;

(d)entail the fixing of prices or the fixing of quotas;

(e)may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

5.If, following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2, the [F11Competition and Markets Authority] finds that the conditions for applying paragraph 1 have not been met, it shallF12... take a decision declaring that [F13section 2(1) of the Competition Act 1998] applies to the agreement, decision or concerted practice in question.

[F14That decision of the Competition and Markets Authority] shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

6.In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the [F15Competition and Markets Authority] mayF16... issue a finding of incompatibility at any time.

F177.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Art. 210(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 210(2)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 210(2)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 210(2)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 210(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 210(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 210(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 210(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 210(4)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in Art. 210(4)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)