Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilDangos y teitl llawn

PART I U.K. INTRODUCTORY PROVISIONS

Article 1 U.K. Scope

1. This Regulation establishes a common organisation of the markets for agricultural products, which means all the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in [F1 retained EU law] on the common organisation of the markets in fishery and aquaculture products.

2. Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in the respective parts of Annex I:

(a) cereals, Part I;

(b) rice, Part II;

(c) sugar, Part III;

(d) dried fodder, Part IV;

(e) seeds, Part V;

(f) hops, Part VI;

(g) olive oil and table olives, Part VII;

(h) flax and hemp, Part VIII;

(i) fruit and vegetables, Part IX;

(j) processed fruit and vegetable products, Part X;

(k) bananas, Part XI;

(l) wine, Part XII;

(m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

(n) tobacco, Part XIV;

(o) beef and veal, Part XV;

(p) milk and milk products, Part XVI;

(q) pigmeat, Part XVII;

(r) sheepmeat and goatmeat, Part XVIII;

(s) eggs, Part XIX;

(t) poultrymeat, Part XX;

(u) ethyl alcohol of agricultural origin, Part XXI;

(v) apiculture products, Part XXII;

(w) silkworms, Part XXIII;

(x) other products, Part XXIV.

Textual Amendments

F1 Words in Art. 1(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, 3; 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. General common agricultural policy (CAP) provisions

Regulation (EU) No 1306/2013 and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

Article 3 U.K. Definitions

1. For the purposes of this Regulation, the definitions concerning certain sectors as set out in Annex II shall apply.

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The definitions set out in Regulation (EU) No 1306/2013, Regulation (EU) No 1307/2013(1) of the European Parliament and of the Council and Regulation (EU) No 1305/2013 of the European Parliament and of the Council(2) shall apply for the purposes of this Regulation, save as otherwise provided for in this Regulation.

4. In order to take into account the specific characteristics of the rice sector, the [F3 appropriate authority may make regulations] amending the definitions concerning the rice sector set out in Part I of Annex II to the extent necessary to update the definitions in the light of market developments.

5. For the purposes of this Regulation:

(a) "less developed regions" means those regions defined as such in point (a) of the first subparagraph of Article 90(2) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council(3).

(b) "adverse climatic event which can be assimilated to a natural disaster" means weather conditions such as frost, hail, ice, rain or drought which destroy more than 30 % of the average annual production of a given farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

[F4 (c) ‘appropriate authority’ means:

(i) [F5 subject to point (ii),] in relation to:

(aa) England, the Secretary of State;

(bb) Wales, the Welsh Ministers;

(cc) Scotland, the Scottish Ministers;

(dd) Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be; or

(ii) the Secretary of State:

[F6 (zaa in relation to regulations made under Articles 122, 123, 166(b), 174(1) or 223, where the subject matter is outside devolved competence;]

(aa) in relation to Wales, other than in relation to Articles 10, 16 [F7 , 21, 22, [F8 23,] 24, 25, 126 ], 55 and 225 and Annexes 4 and 10, if consent is given by the Welsh Ministers;

(bb) in relation to Scotland, if consent is given by the Scottish Ministers;

(cc) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be.

(d) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be.

(e) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(f) a reference to another country or other countries is to be read as including the British Overseas Territories.]

6. [F9 For the purposes of this Regulation, a matter is outside devolved competence if it would be outside the legislative competence of:

(a) in relation to Wales, the National Assembly for Wales if it were included in an Act of the Assembly (see section 108A of the Government of Wales Act 2006);

(b) in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

(c) in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).]

7. [F10 For the purposes of this Regulation, any reference to “CN code” shall be read as a reference to the relevant Commodity Code in accordance with the customs tariff, as established by section 8(1) of the Taxation (Cross-border Trade) Act 2018.]

Textual Amendments

F2 Art. 3(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, 4(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 3(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 3(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 3(5)(c)-(f) inserted (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, 4(b) (as amended by S.I. 2019/1405, reg. 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(5)(c)(i) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 3(5)(c)(ii)(zaa) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(5)(c)(ii)(aa) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 3(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Art. 3(5)(c)(ii)(aa) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 3(6) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 3(7) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(2)

Article 4 U.K. Adjustments to the Common Customs Tariff nomenclature used for agricultural products

Where necessary in order to take into account amendments to the combined nomenclature, the [F11 Secretary of State may make regulations] adjusting the description of products and references in this Regulation to the headings or subheadings of the combined nomenclature.

Textual Amendments

F11 Words in Art. 4 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Conversion rates for rice

The [F12 Secretary of State may make regulations]:

(a)

fixing the conversion rates for rice at various stages of processing, the processing costs and the value of by-products;

(b)

[F13 setting out] necessary measures regarding the application of conversion rates for rice.

F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Words in Art. 5 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 5 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 5 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Marketing years

The following marketing years shall be established:

(a)

1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

(b)

1 April to 31 March of the following year for the dried fodder and silkworm sectors;

(c)

1 July to 30 June of the following year for:

(i)

the cereals sector;

(ii)

the seeds sector;

(iii)

the olive oil and table olives sector;

(iv)

the flax and hemp sector;

(v)

the milk and milk products sector;

(d)

1 August to 31 July of the following year for the wine sector;

(e)

1 September to 31 August of the following year for the rice sector;

(f)

1 October to 30 September of the following year for the sugar sector.

F15 Article 7 U.K. Reference thresholds

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Art. 7 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, 5; 2020 c. 1, Sch. 5 para. 1(1)

PART II U.K. INTERNAL MARKET

TITLE I U.K. MARKET INTERVENTION

CHAPTER I U.K. Public intervention and aid for private storage

Section 1 U.K. General provisions on public intervention and aid for private storage

Article 8 U.K. Scope

This Chapter lays down rules on market intervention concerning:

(a)

public intervention, where products are bought in by the [F16 appropriate authority] and stored by [F17 it] until disposed of; and

(b)

granting of aid for the storage of products by private operators.

Textual Amendments

F16 Words in Art. 8(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, 6(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Word in Art. 8(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, 6(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Article 9 U.K. Origin of eligible products

Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the [F18 United Kingdom]. In addition, if they come from crops, those crops shall have been harvested in the [F18 United Kingdom], and if they come from milk, that milk shall have been produced in the [F18 United Kingdom].

Textual Amendments

F18 Words in Art. 9 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, 7; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Article 10 U.K. F19 ... Scales for the classification of carcasses

F20 ... Scales for the classification of carcasses shall apply in accordance with, respectively, points A and B of Annex IV in the beef and veal sector as regards carcasses of bovine animals aged eight months or more and in the pigmeat sector as regards pigs other than those that have been used for breeding.

In the sheepmeat and goatmeat sector, [F21 the appropriate authority] may apply a F22 ... scale for the classification of sheep carcasses in accordance with the rules laid down in point C of Annex IV.

Textual Amendments

F19 Word in Art. 10 heading 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, 8(a); 2020 c. 1, Sch. 5 para. 1(1)

F20 Word in Art. 10 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, 8(b); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 10 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, 8(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F22 Word in Art. 10 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, 8(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Section 2 U.K. Public intervention

Article 11 U.K. Products eligible for public intervention

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions [F23 prescribed in legislation made pursuant to Articles 19 or 20]:

(a)

common wheat, durum wheat, barley and maize;

(b)

paddy rice;

(c)

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;

(d)

butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the [F24 United Kingdom ] of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

(e)

skimmed milk powder of top quality made from cow's milk in an approved undertaking in the [F25 United Kingdom] by the spray process, with a minimum protein content of 34,0 % by weight of the fat free dry matter.

Textual Amendments

F23 Words in Art. 11 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, 9(a); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 11(d) 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, 9(b); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 11(e) 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, 9(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Article 12 U.K. Public intervention periods

Public intervention shall be available for:

(a)

common wheat, durum wheat, barley and maize, from 1 November to 31 May;

(b)

paddy rice, from 1 April to 31 July;

(c)

beef and veal, throughout the year;

(d)

butter and skimmed milk powder, from 1 March to 30 September.

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

[F26 Article 13 U.K. Public intervention

1. The appropriate authority must buy in common wheat, butter and skimmed milk powder during the periods referred to in Article 12 in respect of those products.

2. Subject to paragraphs 3 and 4, the appropriate authority may buy in any other products listed in Article 12 under public intervention during the periods referred to in respect of those products.

3. In the case of durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), the appropriate authority may only buy in products if the market situation so requires.

4. In the case of beef and veal, the appropriate authority may only buy in products if, over the representative period determined pursuant to point (c) of the first paragraph of Article 20, the average market price in the United Kingdom or in a particular region of the United Kingdom, recorded on the basis of the scale for classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85% of the reference threshold laid down in point (d) of Article 7(1).

5. The appropriate authority may close the tendering procedure for the beef and veal sector where, over the representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in paragraph 4 of this Article are no longer fulfilled.]

Textual Amendments

F26 Arts. 13, 14 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 4 (as amended by S.I. 2020/1445, reg. 16(2)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

[F26 Article 14 U.K. Buying-in at a fixed price or tendering

The appropriate authority may make regulations laying down measures on:

(a) fixing buying-in prices for the products referred to in Article 11; and

(b) quantitative limitations where buying-in is carried out at a fixed price.

Regulations under point (b) may provide for the quantitative limitation to be 0.]

Textual Amendments

F26 Arts. 13, 14 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 4 (as amended by S.I. 2020/1445, reg. 16(2)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Article 15 U.K. Public intervention price

1. Public intervention price means:

(a) the price at which products shall be bought in under public intervention where this is done at a fixed price; or

(b) the maximum price at which products eligible for public intervention may be bought in where this is done by tendering.

[F27 2. The appropriate authority may make regulations fixing the level of the public intervention price, including the amounts of increases and reductions.]

Textual Amendments

F27 Art. 15(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 5; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Article 16 U.K. General principles on disposal from public intervention

1. Disposal of products bought in under public intervention shall take place in such a way as to:

(a) avoid any disturbance of the market,

(b) ensure equal access to goods and equal treatment of purchasers, and

(c) be in compliance with the commitments resulting from international agreements [F28 to which the United Kingdom is a party].

F29 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Each year the [F30 appropriate authority] shall publish details of the conditions under which products bought in under public intervention were sold in the previous year.

Textual Amendments

F28 Words in Art. 16(1)(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, 10(a); 2020 c. 1, Sch. 5 para. 1(1)

F29 Art. 16(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, 10(b); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 16(3) 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, 10(c); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Section 3 U.K. Aid for private storage

Article 17 U.K. Eligible products

Aid for private storage may be granted in respect of the following products in accordance with the conditions set out in this Section and any further requirements and conditions [F31 prescribed in legislation made pursuant to Articles 18, 19 or 20]:

(a)

white sugar;

(b)

olive oil;

(c)

flax fibre;

(d)

fresh or chilled meat of bovine animals aged eight months or more;

(e)

butter produced from cream obtained directly and exclusively from cow's milk;

(f)

cheese;

(g)

skimmed milk powder made from cow's milk;

(h)

pigmeat;

(i)

sheepmeat and goatmeat.

Point (f) of the first paragraph is restricted to cheese benefiting from a protected designation of origin or from a protected geographical indication under Regulation (EU) No 1151/2012 that is stored beyond the period of maturation laid down in the product specification for the product referred to in Article 7 of that Regulation and/or a period of maturation that contributes to increasing the value of the cheese.

Textual Amendments

F31 Words in Art. 17 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, 11; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Article 18 U.K. Conditions for granting aid

1. In order to provide for market transparency, the [F32 appropriate authority may, where necessary, make regulations] laying down the conditions under which it may decide to grant private storage aid for the products listed in Article 17, taking into account:

(a) average recorded F33 ... market prices [F34 in the United Kingdom ] and the reference thresholds and production costs for the products concerned; and/or

(b) the need to respond in a timely way to a particularly difficult market situation or economic developments having a significant negative impact on the margins in the sector.

2. The [F35 appropriate authority may make regulations]

(a) granting private storage aid for the products listed in Article 17, taking into account the conditions referred to in paragraph 1 of this Article;

(b) restricting the granting of private storage aid.

F36 ...

F37 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Words in Art. 18(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F33 Word in Art. 18(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 18(1) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 18(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 18(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F37 Art. 18(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(c) (as substituted by S.I. 2020/1445, regs. 1(2)(a), 16(3)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

Section 4 U.K. Common provisions on public intervention and aid for private storage

Article 19 U.K. Delegated powers

1. In order to ensure that products bought in under public intervention or subject to aid for private storage are suitable for long-term storage and are of sound, fair and marketable quality, and in order to take into account the specific characteristics of the different sectors for the purposes of ensuring the cost-effective operation of public intervention and private storage, the [F38 appropriate authority may make regulations] laying down the requirements and conditions to be met by those products, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim to guarantee, for the products bought in and stored:

(a) their quality with respect to quality parameters, quality groups, quality grades, categories, product characteristics and age;

(b) their eligibility with respect to quantities, packaging including labelling, preservation, previous storage contracts, approval of undertakings and the stage of the products to which the public intervention price and the aid for private storage applies.

2. In order to take account of the specific characteristics of the cereals and paddy rice sectors, the [F39 appropriate authority may make regulations] laying down the quality criteria as regards both buying-in and sales of common wheat, durum wheat, barley, maize and paddy rice.

3. In order to ensure appropriate storage capacity and the efficiency of the public intervention system in terms of cost-effectiveness, distribution and access for operators, and in order to maintain the quality of products bought in under public intervention for their disposal at the end of the storage period, the [F40 appropriate authority may make regulations] laying down:

(a) the requirements to be fulfilled by storage places for all products subject to public intervention;

F41 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. In order to ensure that aid for private storage has the desired effect on the market, the [F42 appropriate authority may make regulations] laying down:

(a) rules and conditions applicable where the quantity stored is lower than the contracted quantity;

(b) the conditions for granting an advance payment of such aid;

(c) the conditions under which it may be decided that products covered by private storage contracts may be re-marketed or disposed of.

5. In order to ensure the proper functioning of the public intervention and private storage systems, the [F43 appropriate authority may make regulations]:

(a) providing for the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;

(b) laying down the additional conditions to be fulfilled by operators in order to facilitate the effective management and control of the system for F44 ... operators;

(c) laying down the requirement for operators to lodge a security guaranteeing the fulfilment of their obligations.

6. In order to take account of technical developments and of the needs of sectors referred to in Article 10, as well as of the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention measures, the [F45 appropriate authority may make regulations]:

(a) adapting and updating the provisions of Annex IV on the F46 ... scales for the classification, identification and presentation of carcasses;

(b) laying down supplementary provisions relating to classification, including by qualified classifiers, to grading, including by automated grading techniques, to identification, weighing and marking of carcasses and to the calculation of average [F47 prices in the United Kingdom] and to the weighting coefficients used in the calculation of those prices;

(c) laying down, in the beef and veal sector, derogations from provisions and specific derogations [F48 applying] to slaughterhouses in which few bovine animals are slaughtered, and additional provisions for the products concerned, including regarding the classes of conformation and fat cover and, in sheepmeat sector, further provisions as regards weight, colour of meat and fat cover and the criteria for the classification of light lambs;

[F49 (d) providing for the grading scale for classification of pig carcasses not to apply, providing for derogations from the scale, or providing for assessment criteria to be used in addition to weight and estimated lean-meat content.]

Textual Amendments

F38 Words in Art. 19(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(a); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 19(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(b); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 19(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F41 Art. 19(3)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 19(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(d); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 19(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 19(5)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 19(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F46 Word in Art. 19(6)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 19(6)(b) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F48 Word in Art. 19(6)(c) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F49 Art. 19(6)(d) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(v); 2020 c. 1, Sch. 5 para. 1(1)

Article 20 U.K. Implementing powers in accordance with the examination procedure

The [F50 appropriate authority may make regulations in relation to the] application of this Chapter. Those measures may, in particular, concern the following:

(a)

the costs payable by the operator where products delivered for public intervention do not meet the minimum quality requirements;

(b)

the fixing of minimum storage capacity for intervention storage places;

(c)

the representative periods, markets, and market prices necessary for the application of this Chapter;

(d)

the delivery of the products to be bought in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;

(e)

the different operations connected with the boning process for the beef and veal sector;

(f)

the practical arrangements for the packaging, marketing and labelling of products;

(g)

the procedures for the approval of undertakings producing butter and skimmed milk powder for the purposes of this Chapter;

(h)

any authorisation of storage outside the [F51 constituent nation ] where the products have been bought in and stored;

(i)

the sale or disposal of products bought in under public intervention, regarding, in particular, selling prices, the conditions for removal from storage, the subsequent use or destination of products releasedF52 ...;

(j)

in respect of products bought in under public intervention, the provisions relating to the possibility for [F53 the relevant authority] to sell, at their own responsibility, small quantities remaining in storage or quantities which may no longer be repackaged or which have deteriorated;

(k)

in respect of private storage, the conclusion and the content of contracts between the competent authority F54 ... and the applicants;

(l)

the placing and keeping of products in private storage and their removal from storage;

(m)

the duration of the private storage period and the provisions according to which such periods, once specified in the contracts, may be curtailed or extended;

(n)

the procedures to be followed for buying-in at a fixed price, including the procedures for, and the amount of, the security to be lodged, or for the granting of aid fixed in advance for private storage;

(o)

the use of tendering procedures, both for public intervention and for private storage, in particular as regards:

(i)

the submission of offers or tenders and the minimum quantity for an application or submission;

(ii)

the procedures for, and the amount of, the security to be lodged; and

(iii)

the selection of offers F55 ...;

(p)

the implementation of F56 ... scales for the classification of beef, pig and sheep carcasses;

(q)

a different presentation of carcasses and half carcasses than the one laid down in point A.IV of Annex IV for the purpose of establishing market prices;

(r)

the corrective factors F57 ... to be used for a different presentation of beef and sheep carcasses where the reference presentation is not used;

(s)

the practical arrangements for the marking of classified carcasses and for the calculation [F58 of the weighted average price in the United Kingdom] for beef, pig and sheep carcasses;

(t)

[F59 provision] for a different presentation of pig carcasses than the one laid down in point B.III of Annex IV, if one of the following conditions is fulfilled:

(i)

normal commercial practice in [F60 the constituent nation] differs from the standard presentation defined in the first subparagraph of point B.III of Annex IV;

(ii)

technical requirements warrant it;

(iii)

carcasses are dehided in a uniform manner;

(u)

F61 ...

F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Words in Art. 20 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(a); 2020 c. 1, Sch. 5 para. 1(1)

F51 Words in Art. 20(h) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(b); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 20(i) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(c); 2020 c. 1, Sch. 5 para. 1(1)

F53 Words in Art. 20(j) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(d); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 20(k) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(e); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 20(o)(iii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(f); 2020 c. 1, Sch. 5 para. 1(1)

F56 Word in Art. 20(p) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(g); 2020 c. 1, Sch. 5 para. 1(1)

F57 Words in Art. 20(r) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(h); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Art. 20(s) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(i); 2020 c. 1, Sch. 5 para. 1(1)

F59 Word in Art. 20(t) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(j)(i); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 20(t)(i) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(j)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F61 Art. 20(u) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(k); 2020 c. 1, Sch. 5 para. 1(1)

F62 Words in Art. 20 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(l); 2020 c. 1, Sch. 5 para. 1(1)

Article 21 U.K. Other implementing powers

[F63 By way of derogation from point C.III of Annex IV, the appropriate authority may make regulations providing for the following criteria for classification of lambs of less than 13kg carcass weight]:

(a)

carcass weight;

(b)

colour of meat;

(c)

fat cover.

F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Words in Art. 21 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 9(a); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in Art. 21 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 9(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Aid schemes

[F65 Section 1 U.K. Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments

Article 22 U.K. Target group

The aid scheme intended to improve the distribution of agricultural products and improving children's eating habits is aimed at children who regularly attend nurseries, pre-schools or primary or secondary-level educational establishments which are administered or recognised by the [F66 relevant authority].

Textual Amendments

F66 Words in Art. 22 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, 12; 2020 c. 1, Sch. 5 para. 1(1)

Article 23 U.K. Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

1. [F67 Aid may] be granted in respect of children in the educational establishments referred to in Article 22:

(a) for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article;

(b) for accompanying educational measures; and

(c) to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution.

The [F68 appropriate authority may make regulations setting ] limits for the proportion of F69 ... aid covering measures and costs referred to in points (b) and (c) of the first subparagraph of this paragraph.

2. For the purposes of this Section:

(a) ‘school fruit and vegetables’ means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4;

(b) ‘school milk’ means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V.

3. [F70 The relevant authority may], taking into account [F71 circumstances in the constituent nation], prioritise the distribution of products of either or both of the following groups:

(a) fruit and vegetables and fresh products of the banana sector;

(b) drinking milk and lactose-free versions thereof.

4. Notwithstanding paragraph 3, in order to promote the consumption of specific products and/or to respond to particular nutritional needs of children in [F72 the constituent nation, the relevant authority] may provide for the distribution of products of either or both of the following groups:

(a) processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;

(b) cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.

5. In cases where [F73 the relevant authority considers] it necessary for the attainment of the objectives of the school scheme and the goals stated in the strategies referred to in paragraph 8, [F74 it] may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the [F75 aid referred to in paragraph 1] shall be paid only for the milk component of the distributed product. That milk component shall not be lower than 90 % by weight for products of Category I of Annex V and 75 % by weight for products of Category II of Annex V.

[F76 The appropriate authority may make regulations fixing the level of aid for the milk component of the distributed product.]

6. Products distributed under the school scheme shall not contain any of the following:

(a) added sugars;

(b) added salt;

(c) added fat;

(d) added sweeteners;

(e) added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council(4).

Notwithstanding the first subparagraph of this paragraph, [F77 the relevant authority] may, after [F78 consulting the public bodies responsible for health and nutrition in the constituent nation] , decide that eligible products referred to in paragraphs 4 and 5 may contain limited quantities of added sugar, added salt and/or added fat.

F79 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F80 The relevant authority must ensure that there is a strategy in place for the implementation of the scheme in the constituent nation for any period during which it intends to make payments under the scheme. The strategy may cover a period of up to six years and may be amended by the relevant authority at any time], in particular in the light of monitoring and evaluation and of the results achieved. The strategy shall at least identify the needs to be met, the ranking of the needs in terms of priorities, the target group, the results expected to be achieved and, if available, the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.

The strategy may contain specific elements relating to the implementation of the school scheme, including those intended to simplify its management.

[F81 Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ]

9. [F82 The relevant authority] shall determine in [F83 its strategy] the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. [F84 In drawing up that list, the relevant authority must consult, where appropriate, the public bodies responsible for health and nutrition in the constituent nation. ]

10. [F85 The relevant authority] shall, in order to make the school scheme effective, also provide for accompanying educational measures, which may include, inter alia, measures and activities aimed at reconnecting children with agriculture through activities, such as farm visits, and the distribution of a wider variety of agricultural products as referred to in paragraph 7. Those measures may also be designed to educate children about related issues, such as healthy eating habits, local food chains, organic farming, sustainable production or combating food waste.

11. [F86 The relevant authority] shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the [F87 United Kingdom]. [F86 The relevant authority] may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.

[F88 The relevant authority] may consider, in [F89 its strategy], prioritising sustainability and fair-trade considerations.

Textual Amendments

F67 Words in Art. 23(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, 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 23(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F69 Word in Art. 23(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 23(3) 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, 13(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in Art. 23(3) 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, 13(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F72 Words in Art. 23(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, 13(c); 2020 c. 1, Sch. 5 para. 1(1)

F73 Words in Art. 23(5) 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, 13(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F74 Word in Art. 23(5) 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, 13(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Art. 23(5) 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, 13(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F76 Words in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Art. 23(6) 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, 13(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F78 Words in Art. 23(6) 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, 13(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F79 Art. 23(7) 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, 13(f); 2020 c. 1, Sch. 5 para. 1(1)

F80 Words in Art. 23(8) 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, 13(g)(i); 2020 c. 1, Sch. 5 para. 1(1)

F81 Words in Art. 23(8) inserted (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, 13(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F82 Words in Art. 23(9) 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, 13(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F83 Words in Art. 23(9) 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, 13(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F84 Words in Art. 23(9) 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, 13(h)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F85 Words in Art. 23(10) 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, 13(i); 2020 c. 1, Sch. 5 para. 1(1)

F86 Words in Art. 23(11) 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, 13(j)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F87 Words in Art. 23(11) 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, 13(j)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F88 Words in Art. 23(11) 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, 13(j)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F89 Words in Art. 23(11) 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, 13(j)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Article 23a U.K. [F90 Publicity] provisions

F91 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F92 During any period that the relevant authority is making payments under the school scheme in accordance with Article 23, the relevant authority must publicise the school scheme, at school premises or other relevant places.] [F93 The relevant authority] may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. [F93 The relevant authority] shall ensure the added value and the visibility of the F94 ... school scheme in relation to the provision of other meals in educational establishments.

Textual Amendments

F90 Word in Art. 23a heading 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, 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F91 Art. 23a(1)-(7) 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, 14(b); 2020 c. 1, Sch. 5 para. 1(1)

F92 Words in Art. 23a(8) 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, 14(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F93 Words in Art. 23a(8) 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, 14(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F94 Word in Art. 23a(8) 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, 14(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K. Delegated powers

1. In order to promote the healthy eating habits of children and to ensure that the aid under the school scheme is aimed at children in the target group referred to in Article 22, the [F95 appropriate authority may make regulations] concerning rules on:

(a) the additional criteria related to the eligibility of the target group referred to in Article 22;

(b) the approval and selection of aid applicants by F96 ...;

(c) the drawing up of the national or regional strategies and on the accompanying educational measures.

2. [F97 In order to ensure proper management of public funds and to facilitate the implementation of the school scheme, the appropriate authority may make regulations laying down:

(a) costs and measures eligible for funding;

(b) provisions for monitoring and evaluating the effectiveness of the school scheme.]

3. In order to take account of scientific developments, the [F98 appropriate authority may make regulations] in order to supplement the list of artificial flavour-enhancers referred to in point (e) of the first subparagraph of Article 23(6).

In order to ensure that products distributed in accordance with Article 23(3), (4) and (5) meet the objectives of the school scheme, the [F99 appropriate authority may make regulations] in order to define the maximum levels for added sugar, added salt and added fat which may be allowed F100 ... under the second subparagraph of Article 23(6) and which are technically necessary to prepare or manufacture processed products.

4. In order to promote awareness of the school scheme [F101 the appropriate authority may make regulations requiring the school scheme to be publicised], including in relation to:

(a) if appropriate, the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier or graphic elements;

(b) the specific criteria related to the use of publicity tools.

5. In order to ensure the added value and the visibility of the school scheme, the [F102 appropriate authority may make regulations] in respect of the rules concerning the distribution of products in relation to the provision of other meals in educational establishments.

F103 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 Words in Art. 24(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F96 Words in Art. 24(1)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F97 Art. 24(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(b); 2020 c. 1, Sch. 5 para. 1(1)

F98 Words in Art. 24(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F99 Words in Art. 24(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F100 Words in Art. 24(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F101 Words in Art. 24(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F102 Words in Art. 24(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(e); 2020 c. 1, Sch. 5 para. 1(1)

F103 Art. 24(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(f); 2020 c. 1, Sch. 5 para. 1(1)

Article 25 U.K. Implementing powers in accordance with the examination procedure

The [F104 appropriate authority may make regulations laying down] the measures necessary for the application of this Section, including those concerning:

(a)

the information to be contained in [F105 the strategy referred to in Article 23(8)];

(b)

the aid applications and payments, including the simplification of procedures resulting from the common framework for the school scheme;

(c)

the methods of publicising, and networking measures in respect of, the school scheme;

(d)

[F106 the format and content of monitoring and evaluation reports]

(e)

F107 ...

F108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F104 Words in Art. 25 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(a); 2020 c. 1, Sch. 5 para. 1(1)

F105 Words in Art. 25(a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(b); 2020 c. 1, Sch. 5 para. 1(1)

F106 Art. 25(d) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(c); 2020 c. 1, Sch. 5 para. 1(1)

F107 Art. 25(e) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(d); 2020 c. 1, Sch. 5 para. 1(1)

F108 Words in Art. 25 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(e); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F65 Substituted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.

Section 2 U.K. Aid in the olive oil and table olives sector

F109 Article 29 U.K. Programmes to support the olive oil and table olives sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Arts. 29-31 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, 15; 2020 c. 1, Sch. 5 para. 1(1)

F109 Article 30 U.K. Delegated powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Arts. 29-31 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, 15; 2020 c. 1, Sch. 5 para. 1(1)

F109 Article 31 U.K. Implementing powers in accordance with the examination procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Arts. 29-31 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, 15; 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Aid in the fruit and vegetables sector

Article 32 U.K. Operational funds

1. Producer organisations in the fruit and vegetables sector and/or their associations may set up an operational fund. The fund shall be financed by:

(a) financial contributions from:

(i)

members of the producer organisation and/or the producer organisation itself; or

(ii)

associations of producer organisations through the members of those associations;

(b) F110 ... financial assistance [F111 under Article 34], which may be granted to producer organisations, or to their associations where those associations present, manage and implement an operational programme or a partial operational programme, in accordance with the terms and conditions [F112 specified in legislation made pursuant to Article 37 or 38].

2. Operational funds shall be used only to finance operational programmes that have been submitted to and approved by [F113 the relevant authority].

Textual Amendments

F110 Word in Art. 32(1)(b) 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, 16(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F111 Words in Art. 32(1)(b) inserted (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, 16(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F112 Words in Art. 32(1)(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, 16(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F113 Words in Art. 32(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, 16(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 33 U.K. Operational programmes

1. Operational programmes in the fruit and vegetables sector shall have a minimum duration of three years and a maximum duration of five years. They shall have at least two of the objectives referred to in point (c) of Article 152(1) or two of the following objectives:

(a) planning of production, including production and consumption forecasting and follow-up;

(b) improvement of product quality, whether in a fresh or processed form;

(c) boosting products' commercial value;

(d) promotion of the products, whether in a fresh or processed form;

(e) environmental measures, particularly those relating to water, and methods of production respecting the environment, including organic farming;

[F114 (f) crisis prevention and management. F115 ...]

Operational programmes shall be submitted to the [F116 relevant authority for its approval].

[F117 Operational programmes for which an extension in line with the maximum duration of five years referred to in the first subparagraph is to be approved after 29 December 2020 may only be extended until 31 December 2022.

By way of derogation from the first subparagraph, new operational programmes that are approved after 29 December 2020 shall have a maximum duration of three years.]

2. Associations of producer organisations may also present an entire or partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. The operational programmes of associations of producer organisations shall be subject to the same rules as operational programmes of producer organisations and shall be considered with the operational programmes of member organisations.

To that end, the [F118 relevant authority] shall ensure that:

(a) measures under operational programmes of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations;

(b) the measures and their corresponding financial share are identified in the operational programme of each member organisation;

(c) there is no duplication of funding.

3. Crisis prevention and management referred to in point (f) of the first subparagraph of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:

F119 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) training measures and exchanges of best practices;

[F114 (c) promotion and communication, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period;

(d) support for the administrative costs of setting up mutual funds and financial contributions to replenish mutual funds, following the compensation paid to producer members who experience a severe drop in their income as a result of adverse market conditions;]

F120 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) harvest insurance[F114 ;]

F121 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support for harvest insurance shall contribute to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations.

Insurance contracts shall require that beneficiaries undertake necessary risk prevention measures.

Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fifth subparagraph, shall not comprise more than one third of the expenditure under the operational programme.

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for F122 ... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F123 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. [F124 The relevant authority] shall ensure that:

(a) operational programmes include two or more environmental actions; or

(b) at least 10 % of the expenditure under operational programmes covers environmental actions.

[F114 Environmental actions shall respect the requirements for agri-environment-climate or organic farming commitments laid down in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013.

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment-climate or organic farming commitments provided for in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013, each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph of this paragraph.]

Support for the environmental actions referred to in the first subparagraph of this paragraph shall cover additional costs and income foregone resulting from the action.

6. [F125 The relevant authority] shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F115 Words in Art. 33(1)(f) 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, 17(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F116 Words in Art. 33(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, 17(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F117 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F118 Words in Art. 33(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, 17(b); 2020 c. 1, Sch. 5 para. 1(1)

F119 Art. 33(3)(a) 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, 17(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F120 Art. 33(3)(e)-(g) 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, 17(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F121 Art. 33(3)(i) 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, 17(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F122 Word in Art. 33(3) 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, 17(c)(v); 2020 c. 1, Sch. 5 para. 1(1)

F123 Art. 33(4) 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, 17(d); 2020 c. 1, Sch. 5 para. 1(1)

F124 Words in Art. 33(5) 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, 17(e); 2020 c. 1, Sch. 5 para. 1(1)

F125 Words in Art. 33(6) 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, 17(e); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 34 U.K. F126 ... Financial assistance

1. The F127 ... financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 32(1) actually paid and limited to 50 % of the actual expenditure incurred.

2. The F128 ... financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisation or of their association.

However, in the case of producer organisations, that percentage may be increased to 4,6 % of the value of the marketed production, provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures.

In the case of associations of producer organisations, that percentage may be increased to 4,7 % of the value of the marketed production, provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures implemented by the association of producer organisations on behalf of its members.

3. At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme satisfying at least one of the following conditions:

F129 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;

(c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007(5);

(d) it is the first to be submitted by a recognised producer organisation which is the result of a merger between two recognised producer organisations;

(e) it is the first to be submitted by a recognised association of producer organisations;

F130 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 Word in Art. 34 heading 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, 18(a); 2020 c. 1, Sch. 5 para. 1(1)

F127 Word in Art. 34(1) 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, 18(a); 2020 c. 1, Sch. 5 para. 1(1)

F128 Word in Art. 34(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, 18(a); 2020 c. 1, Sch. 5 para. 1(1)

F129 Art. 34(3)(a) 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, 18(b); 2020 c. 1, Sch. 5 para. 1(1)

F130 Art. 34(3)(f) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(4); 2020 c. 1, Sch. 5 para. 1(1)

F131 Art. 34(3)(g) 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, 18(b); 2020 c. 1, Sch. 5 para. 1(1)

F132 Art. 34(4) 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, 18(c); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

[F133 Article 35 U.K. Additional financial assistance

1. The appropriate authority may make regulations allowing for the payment to producer organisations of additional financial assistance in regions where the degree of organisation of producers in the fruit and vegetable sector is particularly low.

2. Regulations under paragraph 1 must provide for the additional financial assistance payable to be:

(a) additional to the operational fund;

(b) no more than 80% of the financial contribution referred to in point (a) of Article 32(1).]

Textual Amendments

F133 Art. 35 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 12; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 36 U.K. [F134 Framework and] strategy for operational programmes

1. [F135 The relevant authority must ensure that there is a framework in place in respect of the constituent nation] containing general conditions relating to the environmental actions referred to in Article 33(5). That framework shall provide, in particular, that such actions are to meet the appropriate requirements of Regulation (EU) No 1305/2013, in particular those set out in Article 3 thereof. [F136 Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole.]

F137 ...

2. [F138 The relevant authority must ensure that there is a strategy in place in respect of the constituent nation for sustainable operational programmes in the fruit and vegetable market. Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole]. Such a strategy shall include: :

(a) an analysis of the situation in terms of strengths and weaknesses and the potential for development;

(b) justification of the priorities chosen;

(c) the objectives of operational programmes and instruments, and performance indicators;

(d) assessment of operational programmes;

(e) reporting obligations for producer organisations.

The F139 ... strategy shall also integrate the F139 ... framework referred to in paragraph 1.

F140 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Words in Art. 36 heading 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, 19(a); 2020 c. 1, Sch. 5 para. 1(1)

F135 Words in Art. 36(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, 19(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F136 Words in Art. 36(1) inserted (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, 19(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F137 Words in Art. 36(1) 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, 19(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F138 Words in Art. 36(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, 19(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F139 Word in Art. 36(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, 19(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F140 Art. 36(3) 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, 19(d); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 37 U.K. Delegated powers

In order to ensure an efficient, targeted and sustainable support of producer organisations and their associations in the fruit and vegetables sector, the [F141 appropriate authority may make regulations] establishing rules on:

(a)

operational funds and operational programmes, concerning:

(i)

the estimated amounts, the decisions by producer organisations and their associations on the financial contributions and the use of operational funds;

(ii)

the measures, actions, expenditure and administrative and personnel costs to be included or excluded under operational programmes, the modification thereof and the [F142 any additional requirements] ;

(iii)

the avoidance of double funding between operational programmes and rural development programmes;

(iv)

operational programmes of associations of producer organisations;

(v)

the specific rules applicable to cases in which associations of producer organisations manage, process, implement and present, wholly or in part, operational programmes;

(vi)

the obligation to use common indicators for the purposes of monitoring and evaluation of operational programmes;

(b)

the national framework and national strategy for operational programmes concerning the obligation to monitor and evaluate the effectiveness of the national frameworks and the national strategies;

(c)

F143 ... financial assistance, concerning:

(i)

the basis for the calculation of F143 ... financial assistance and of the value of the marketed production, referred to in Article 34(2);

(ii)

applicable reference periods for the calculation of aid;

(iii)

the provision of advance payments and the requirement to lodge a security where an advance payment of aid is made;

(iv)

the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the application of the limits provided for in Article 34(2);

(d)

crisis prevention and management measures, concerning:

(i)

the possibility for [F144 the relevant authority] not to apply one or more crisis prevention and management measures;

(ii)

[F114 conditions relating to points [F145 (b) and (c)] of the first subparagraph of Article 33(3);]

(iii)

F146 ...

(iv)

F146 ...

(v)

F146 ...

(vi)

F146 ...

(vii)

F146 ...

(viii)

the conditions for the recipients of withdrawn products;

(ix)

the use of terms for the purposes of this Section;

(x)

F147 ...

(xi)

harvest insurance;

(xii)

mutual funds; and

(xiii)

F148 ...

(e)

[F149 additional] financial assistance, concerning:

(i)

the degree of organisation of producers;

(ii)

the requirement to lodge a security where an advance payment is made;

(iii)

F150 ...

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F141 Words in Art. 37 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F142 Words in Art. 37(a)(ii) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(b); 2020 c. 1, Sch. 5 para. 1(1)

F143 Word in Art. 37(c) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(c); 2020 c. 1, Sch. 5 para. 1(1)

F144 Words in Art. 37(d)(i) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F145 Words in Art. 37(d)(ii) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F146 Arts. 37(d)(iii)-(vii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F147 Art. 37(d)(x) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F148 Art. 37(d)(xiii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F149 Word in Art. 37(e) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F150 Art. 37(e)(iii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 38 U.K. Implementing powers in accordance with the examination procedure

The [F151 appropriate authority may make regulations] laying down measures concerning:

(a)

the management of operational funds;

(b)

the information to be contained in operational programmes, F152 ... frameworks and F152 ... strategies referred to in Article 36, the submission of operational programmes to [F153 the relevant authority], time limits, accompanying documents and approval by [F153 the relevant authority];

(c)

the implementation of operational programmes by producer organisations and associations of producer organisations;

(d)

the submission, format and content of monitoring and evaluation reports of F154 ... strategies and operational programmes;

(e)

aid applications and payments of aid, including advance and partial payments of aid;

(f)

F155 ...

(g)

F155 ...

(h)

F155 ...

(i)

[F114 promotion, communication, [F156 and training] measures in cases of crisis prevention and management;]

(j)

the implementation of F157 ... harvest insurance measures;

(k)

F158 ...

(l)

the procedures for, and the amount of, the security to be lodged where an advance payment is made.

F159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F151 Words in Art. 38 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F152 Word in Art. 38(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F153 Words in Art. 38(b) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F154 Word in Art. 38(d) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(c); 2020 c. 1, Sch. 5 para. 1(1)

F155 Arts. 38(f)-(h) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(d); 2020 c. 1, Sch. 5 para. 1(1)

F156 Words in Art. 38(i) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(e); 2020 c. 1, Sch. 5 para. 1(1)

F157 Words in Art. 38(j) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(f); 2020 c. 1, Sch. 5 para. 1(1)

F158 Art. 38(k) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(g); 2020 c. 1, Sch. 5 para. 1(1)

F159 Words in Art. 38 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(h); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Section 4 U.K. Support programmes in the wine sector

Subsection 1 U.K. General provisions and eligible measures

F160 Article 39 U.K. Scope

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 40 U.K. Compatibility and consistency

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 41 U.K. Submission of support programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 42 U.K. Content of support programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 43 U.K. Eligible measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 44 U.K. General rules concerning support programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 2 U.K. Specific support measures

F160 Article 45 U.K. Promotion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 46 U.K. Restructuring and conversion of vineyards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 47 U.K. Green harvesting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 48 U.K. Mutual funds

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 49 U.K. Harvest insurance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 50 U.K. Investments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 51 U.K. Innovation in the wine sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 52 U.K. By-product distillation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 3 U.K. Procedural provisions

F160 Article 53 U.K. Delegated powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

F160 Article 54 U.K. Implementing powers in accordance with the examination procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Arts. 39-54 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

Section 5 U.K. Aid in the apiculture sector

Article 55 U.K. [F161 Programmes] and financing

1. With a view to improving general conditions for the production and marketing of apiculture products, [F162 the appropriate authority] may draw up [F163 programmes for the apiculture sector in the constituent nation] covering a period of three years ("apiculture programmes"). These programmes shall be developed in cooperation with representative organisations in the beekeeping field.

[F117 By way of derogation from the first subparagraph, national programmes drawn up for the period running from 1 August 2019 until 31 July 2022 shall be extended until 31 December 2022. Member States shall modify their national programmes to take account of that extension and shall notify the modified programmes to the Commission for their approval.]

F164 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F165 Before drawing up a programme under paragraph 1, the appropriate authority must] carry out a study of the production and marketing structure in the beekeeping sector in [F166 the constituent nation].

4. The following measures may be included in apiculture programmes:

(a) technical assistance to beekeepers and beekeepers' organisations;

(b) combating beehive invaders and diseases, particularly varroasis;

(c) rationalisation of transhumance;

(d) measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products;

(e) measures to support the restocking of hives F167 ...;

(f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products;

(g) market monitoring;

(h) enhancement of product quality with a view to exploiting the potential of products on the market.

Textual Amendments

F117 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F161 Word in Art. 55 heading 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, 21(a); 2020 c. 1, Sch. 5 para. 1(1)

F162 Words in Art. 55(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, 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F163 Words in Art. 55(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, 21(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F164 Art. 55(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, 21(c); 2020 c. 1, Sch. 5 para. 1(1)

F165 Words in Art. 55(3) 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, 21(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F166 Words in Art. 55(3) 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, 21(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F167 Words in Art. 55(4)(e) 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, 21(e); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C5 Arts. 55-57: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 5 (with s. 47)

C6 Arts. 55-57: power to modify conferred (N.I.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 6 para. 6

Article 56 U.K. Delegated powers

[F168 1. In order to ensure the efficient and effective use of aid for apiculture, the appropriate authority may make regulations on the avoidance of double funding between apiculture programmes and rural development programmes.]

2. In order to ensure that [F169 any] aid scheme is adapted to the latest developments and that the measures covered are effective in improving the general conditions for the production and marketing of apiculture products, the [F170 appropriate authority may make regulations] to update the list of measures referred to in Article 55(4) that may be included in F171 ... apiculture programmes, by adding other measures or adapting those measures without deleting any of them. That update of the list of measures shall not affect F172 ... programmes adopted prior to the entry into force of [F173 those provisions].

Textual Amendments

F168 Art. 56(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(a); 2020 c. 1, Sch. 5 para. 1(1)

F169 Word in Art. 56(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F170 Words in Art. 56(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F171 Words in Art. 56(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F172 Word in Art. 56(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F173 Words in Art. 56(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(v); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C5 Arts. 55-57: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 5 (with s. 47)

C6 Arts. 55-57: power to modify conferred (N.I.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 6 para. 6

[F174 Article 57 U.K. Regulations relating to apiculture

The appropriate authority may make regulations relating to the content of apiculture programmes and the content of the studies under Article 55(3).]

Textual Amendments

F174 Art. 57 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 16; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C5 Arts. 55-57: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 5 (with s. 47)

C6 Arts. 55-57: power to modify conferred (N.I.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 6 para. 6

Section 6 U.K. Aid in the hops sector

F175 Article 58 U.K. Aid to producer organisations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 59 U.K. Delegated powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 60 U.K. Implementing powers in accordance with the examination procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. Scheme of authorisations for vine plantings

F175 Article 61 U.K. Duration

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

Section 1 U.K. Management of the scheme of authorisations for vine plantings

F175 Article 62 U.K. Authorisations

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 63 U.K. Safeguard mechanism for new plantings

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 64 U.K. Granting of authorisations for new plantings

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 65 U.K. Role of professional organisations

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 66 U.K. Replantings

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 67 U.K. De minimis

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 68 U.K. Transitional provisions

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 69 U.K. Delegated powers

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 70 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Control of the scheme of authorisations for vine plantings

F175 Article 71 U.K. Non-authorised plantings

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

F175 Article 72 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F175 Arts. 58-72 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, 22; 2020 c. 1, Sch. 5 para. 1(1)

TITLE II U.K. RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS

CHAPTER I U.K. Rules concerning marketing

Section 1 U.K. Marketing standards

Subsection 1 U.K. Introductory provisions

Article 73 U.K. Scope

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning marketing standards. Those rules shall be divided between obligatory rules and optional reserved terms for agricultural products.

Subsection 2 U.K. Marketing standards by sectors or products

Article 74 U.K. General principle

The products for which marketing standards by sectors or products have been laid down in accordance with this Section may be marketed in [F176 Great Britain] only if they conform to those standards.

Textual Amendments

F176 Words in Art. 74 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, 23 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 75 U.K. Establishment and content

1. Marketing standards may apply to one or more of the following sectors and products:

(a) olive oil and table olives;

(b) fruit and vegetables;

(c) processed fruit and vegetable products;

(d) bananas;

(e) live plants;

(f) eggs;

(g) poultrymeat;

(h) spreadable fats intended for human consumption;

(i) hops.

2. In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the [F177 appropriate authority in England, Wales or Scotland may make regulations] on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.

3. Without prejudice to Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council(6), the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

(a) the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

(b) classification criteria such as grading into classes, weight, sizing, age and category;

(c) the species, plant variety or animal race or the commercial type;

(d) the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

(e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

(g) the type of farming and production method including oenological practices and advanced systems of sustainable production;

(h) coupage of must and wine including definitions thereof, blending and restrictions thereof;

(i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

(j) the place of farming and/or origin, excluding poultrymeat and spreadable fats;

(k) restrictions as regards the use of certain substances and practices;

(l) specific use;

(m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

4. In addition to paragraph 1, marketing standards may apply to the wine sector. Points (f), (g), (h), (k) and (m) of paragraph 3 shall apply to that sector.

5. The marketing standards by sectors or products adopted pursuant to paragraph 1 of this Article shall be established without prejudice to Articles 84 to 88 and Annex IX and shall take into account:

(a) the specific characteristics of the product concerned;

(b) the need to ensure the conditions to facilitate the placing of the products on the market;

(c) the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

(d) the methods available for determining physical, chemical and organoleptic characteristics of the products;

(e) the standard recommendations adopted by international bodies;

(f) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

6. In order to take into account the expectations of consumers and the need to improve the quality and the economic conditions for the production and marketing of agricultural products, the [F178 appropriate authority in England, Wales or Scotland may make regulations] to modify the list of sectors in paragraph 1. Such [F179 regulations] shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation, F180 ... .

Textual Amendments

F177 Words in Art. 75(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(a) (as amended by S.I. 2020/1453, reg. 12(2)); 2020 c. 1, Sch. 5 para. 1(1)

F178 Words in Art. 75(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(b)(i) (as amended by S.I. 2020/1453, reg. 12(2)); 2020 c. 1, Sch. 5 para. 1(1)

F179 Word in Art. 75(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F180 Words in Art. 75(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 76 U.K. Additional requirements for marketing of products in the fruit and vegetables sector

1. In addition, where relevant, to the applicable marketing standards referred to in Article 75, products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if they are sound, fair and of marketable quality and if the country of origin is indicated.

2. The marketing standards referred to in paragraph 1, as well as any marketing standard applicable to the fruit and vegetables sector laid down in accordance with this subsection, shall apply at all marketing stages including import and export, and may cover quality, categorisation, weight, size, packing, packaging, storage, transport, presentation and marketing.

3. The holder of products of the fruit and vegetables sector covered by marketing standards shall not display such products, offer them for sale or deliver or market them in any manner within [F181 Great Britain] other than in conformity with those standards and shall be responsible for ensuring such conformity.

4. In order to ensure the proper application of requirements set out in paragraph 1 of this Article and to take into account certain specific situations, the [F182 appropriate authority in England, Wales or Scotland may make regulations] concerning specific derogations to this Article which are necessary for its proper application.

Textual Amendments

F181 Words in Art. 76(3) 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, 24 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(4)); 2020 c. 1, Sch. 5 para. 1(1)

F182 Words in Art. 76(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 18 (as amended by S.I. 2020/1453, reg. 12(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 77 U.K. Certification for hops

1. In addition, where relevant, to the applicable marketing standards, products of the hops sector harvested or prepared within [F183 Great Britain] shall be subject to a certification procedure under this Article.

2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.

3. The certificates shall at least indicate:

(a) the place(s) of production of the hops;

(b) the year(s) of harvesting; and

(c) the variety or varieties.

4. Products of the hops sector may be marketed or exported only if covered by a certificate issued in accordance with this Article.

In the case of imported products of the hops sector, the attestation provided for in Article 190(2) shall be deemed to be equivalent to that certificate.

[F184 Products of the hops sector imported from the European Union before 1 July 2021 may be marketed or exported if covered by a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013, as it has effect in EU law as amended from time to time, provided that the Secretary of State considers that the quality standards adopted in EU law for any hops or hop products are at least equivalent to the quality standards adopted for like products harvested within Great Britain or made from such products.

If, before 1 July 2021, the Secretary of State considers the EU quality standards referred to in the third subparagraph are not at least equivalent to the quality standards in Great Britain, the Secretary of State must publish a statement to that effect.]

5. The [F185 Secretary of State may make regulations making exceptions to] paragraph 4 of this Article:

(a) in order to satisfy the trade requirements of certain third countries; or

(b) for products intended for special uses.

The measures referred to in the first subparagraph shall:

(i)

not prejudice the normal marketing of products for which the certificate has been issued; and

(ii)

be accompanied by guarantees intended to avoid any confusion with those products.

Textual Amendments

F183 Words in Art. 77(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, 25 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(5)); 2020 c. 1, Sch. 5 para. 1(1)

F184 Words in Art. 77(4) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 3(a) (as amended by S.I. 2020/1452, reg. 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F185 Words in Art. 77(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 3(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 78 U.K. Definitions, designations and sales descriptions for certain sectors and products

1. In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:

(a) beef and veal;

(b) wine;

(c) milk and milk products intended for human consumption;

(d) poultrymeat;

(e) eggs;

(f) spreadable fats intended for human consumption; and

(g) olive oil and table olives.

2. The definitions, designations or sales descriptions provided for in Annex VII may be used in [F186 Great Britain] only for the marketing of a product which conforms to the corresponding requirements laid down in that Annex.

3. The [F187 appropriate authority in England, Wales or Scotland may make regulations] concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those [F188 regulations] shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.

4. In order to ensure that operators F189 ... have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the [F190 appropriate authority in England, Wales or Scotland may make regulations] concerning the rules on their specification and application.

5. In order to take into account the expectations of consumers and the evolution of the milk products market, the [F191 appropriate authority in England, Wales or Scotland may make regulations] to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules.

Textual Amendments

F186 Words in Art. 78(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, 26 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(6)); 2020 c. 1, Sch. 5 para. 1(1)

F187 Words in Art. 78(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(a)(i) (as amended by S.I. 2020/1453, reg. 12(4)); 2020 c. 1, Sch. 5 para. 1(1)

F188 Word in Art. 78(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F189 Words in Art. 78(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F190 Words in Art. 78(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(b)(ii) (as amended by S.I. 2020/1453, reg. 12(4)); 2020 c. 1, Sch. 5 para. 1(1)

F191 Words in Art. 78(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(c) (as amended by S.I. 2020/1453, reg. 12(4)); 2020 c. 1, Sch. 5 para. 1(1)

Article 79 U.K. Tolerance

1. In order to take into account the specific characteristics of each product or sector, the different marketing stages, the technical conditions, any possible considerable practical difficulty, and also the accuracy and repeatability of the methods of analysis, the [F192 appropriate authority in England, Wales or Scotland may make regulations] on tolerance for one or more specific standards in excess of which the entire batch of products shall be considered not to respect that standard.

2. When [F193 making regulations under] paragraph 1, the [F194 appropriate authority in England, Wales or Scotland] shall take into account the need not to alter the intrinsic characteristics of the product and to avoid lowering its quality.

Textual Amendments

F192 Words in Art. 79(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 20(a) (as amended by S.I. 2020/1453, reg. 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

F193 Words in Art. 79(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 20(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F194 Words in Art. 79(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 20(b)(ii) (as amended by S.I. 2020/1453, reg. 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

Article 80 U.K. Oenological practices and methods of analyses

1. Only oenological practices authorised in accordance with Annex VIII and provided for in point (g) of Article 75(3) and in Article 83(2) and (3) shall be used in the production and conservation of the products listed in Part II of Annex VII in [F195 Great Britain].

The first subparagraph shall not apply to:

(a) grape juice and concentrated grape juice; and

(b) grape must and concentrated grape must intended for the preparation of grape juice.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Products listed in Part II of Annex VII shall be produced in [F195 Great Britain] in accordance with the rules laid down in Annex VIII.

2. Products listed in Part II of Annex VII shall not be marketed in [F196 Great Britain] if:

F197 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) they have undergone unauthorised F198 ... oenological practices; or

(c) they do not comply with the rules laid down in Annex VIII.

The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, [F199 and provided the relevant authorities in Wales and Scotland agree, the Secretary of State] may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.

[F200 2A. The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.]

3. When authorising oenological practices for wine [F201 under paragraph 2A], the [F202 Secretary of State] shall:

(a) take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;

(b) take into account the protection of human health;

(c) take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;

(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;

(e) ensure an acceptable minimum level of environmental care;

(f) respect the general rules concerning oenological practices and the rules laid down in Annex VIII.

4. In order to ensure the correct treatment of unmarketable wine products, the [F203 Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations] concerning rules on the F204 ... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.

5. The [F205 Secretary of State may make regulations] laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless [F206 the relevant authorities in Wales and Scotland agree that] they would be ineffective or inappropriate. F207 ...

Textual Amendments

F195 Words in Art. 80(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, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F196 Words in Art. 80(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, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F197 Art. 80(2)(a) 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, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F198 Word in Art. 80(2)(b) 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, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F199 Words in Art. 80(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, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F200 Art. 80(2A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(a)

F201 Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(b)

F202 Words in Art. 80(3) 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, 27(c); 2020 c. 1, Sch. 5 para. 1(1)

F203 Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F204 Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F205 Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F206 Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F207 Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 81 U.K. Wine grape varieties

1. Products listed in Part II of Annex VII and produced in [F208 Great Britain] shall be made from wine grape varieties classifiable in accordance with paragraph 2 of this Article.

2. F209 ...

Only wine grape varieties meeting the following conditions may be [F210 planted, replanted or grafted for the purposes of wine production]:

(a) the variety concerned belongs to the species Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis;

(b) the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

F211 ...

[F212 3. If wine production in the Great Britain exceeds 50,000 hectolitres per wine year, calculated on the basis of the average production during the last five wine years, the Secretary of State shall classify which wine grape varieties meeting the conditions in paragraph 2 may be planted, replanted or grafted in the Great Britain for the purposes of wine production. The Secretary of State must take into account any views of the relevant authorities for Wales and Scotland when classifying wine grape varieties.]

[F213 4. By way of derogation from paragraphs 2 and 3, the planting, replanting or grafting of wine grape varieties which do not comply with those paragraphs is allowed for scientific research and experimental purposes.]

5. Areas planted with wine grape varieties for the purpose of wine production planted in breach of paragraphs 2, 3 and 4 shall be grubbed up.

However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producer's household.

Textual Amendments

F208 Words in Art. 81(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, 28(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F209 Words in Art. 81(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, 28(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F210 Words in Art. 81(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, 28(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F211 Words in Art. 81(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, 28(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F212 Art. 81(3) 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, 28(c) (as amended by S.I. 2020/1453, reg. 9(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F213 Art. 81(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, 28(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 82 U.K. Specific use of wine not conforming to the categories listed in Part II of Annex VII

Except for bottled wine in respect of which there is evidence that bottling was performed before 1 September 1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first subparagraph of Article 81(2) but not conforming to one of the categories laid down in Part II of Annex VII shall be used only for consumption by individual wine-producers' households, for the production of wine vinegar or for distillation.

Article 83 U.K. F214 ... Rules for certain products and sectors

1. Notwithstanding Article 75(2), [F215 nothing in this Regulation prevents the appropriate authority in relation to England, Wales or Scotland from adopting or maintaining] rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating, in particular, to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.

F216 ...

2. [F217 Nothing in this Regulation prevents the Secretary of State, provided the relevant authorities in Wales and Scotland agree, from limiting or prohibiting the use of certain oenological practices or providing for more stringent rules for wine production] with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.

3. [F218 The relevant authorities in England, Wales and Scotland] may allow the experimental use of unauthorised oenological practices.

[F219 4. In order to ensure the correct and transparent application of this Article:

(a) the appropriate authority in England, Wales or Scotland may make regulations laying down the conditions for the application of paragraph 1 of this Article;

(b) the Secretary of State may make regulations laying down the conditions for the application of paragraphs 2 and 3 of this Article, as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.]

F220 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214 Word in Art. 83 heading 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, 29(a); 2020 c. 1, Sch. 5 para. 1(1)

F215 Words in Art. 83(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, 29(b)(i) (as amended by S.I. 2020/1453, reg. 9(9)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F216 Words in Art. 83(1) 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, 29(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F217 Words in Art. 83(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, 29(c) (as amended by S.I. 2020/1453, reg. 9(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F218 Words in Art. 83(3) 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, 29(d) (as amended by S.I. 2020/1453, reg. 9(9)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F219 Art. 83(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 22 (as amended by S.I. 2020/1453, reg. 12(7)); 2020 c. 1, Sch. 5 para. 1(1)

F220 Art. 83(5) 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, 29(e); 2020 c. 1, Sch. 5 para. 1(1)

Subsection 3 U.K. Optional reserved terms

Article 84 U.K. General provision

A scheme for optional reserved terms by sector or by product shall be established in order to make it easier for producers of agricultural products that have value-adding characteristics or attributes to communicate those characteristics or attributes within the internal market, and in particular to support and complement the specific marketing standards.

This Subsection shall not apply to wine products referred to in Article 92(1).

Article 85 U.K. Existing optional reserved terms

1. The optional reserved terms covered by this scheme on 20 December 2013 are listed in Annex IX and the conditions of their use shall be laid down pursuant to point (a) of Article 86.

2. The optional reserved terms referred to in paragraph 1 of this Article shall remain in force, subject to any amendment, unless cancelled pursuant to Article 86.

Article 86 U.K. Reservation, amendment and cancellation of optional reserved terms

In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the [F221 appropriate authority in England, Wales or Scotland may make regulations]:

(a)

reserving an additional optional reserved term, laying down its conditions of use;

(b)

amending the conditions of use of an optional reserved term; or

(c)

cancelling an optional reserved term.

Textual Amendments

F221 Words in Art. 86 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 23 (as amended by S.I. 2020/1453, reg. 12(8)); 2020 c. 1, Sch. 5 para. 1(1)

Article 87 U.K. Additional optional reserved terms

1. A term shall be eligible to be reserved as an additional optional reserved term only if it fulfils all of the following requirements:

(a) the term relates to a characteristic of a product or to a farming or processing attribute and relates to a sector or product;

(b) the use of the term enables clearer communication of the added value of the product by its specific characteristics or farming or processing attributes;

(c) when the product is placed on the market, the characteristic or attribute referred to in point (a) is identifiable by consumers F222 ...;

(d) the conditions and use of the term are in conformity with F223 ... Regulation (EU) No 1169/2011.

When introducing an additional optional reserved term, the [F224 appropriate authority in England, Wales or Scotland] shall take account of any relevant international standard and of the existing reserved terms for the products or sectors involved.

2. In order to take the characteristics of certain sectors as well as consumer expectations into account, the [F225 appropriate authority in England, Wales or Scotland may make regulations] laying down further details on the requirements for the introduction of an additional reserved term, as referred to in paragraph 1 of this Article.

Textual Amendments

F222 Words in Art. 87(1)(c) 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, 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F223 Words in Art. 87(1)(d) 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, 30(b); 2020 c. 1, Sch. 5 para. 1(1)

F224 Words in Art. 87(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, 30(c) (as amended by S.I. 2020/1453, reg. 9(10)); 2020 c. 1, Sch. 5 para. 1(1)

F225 Words in Art. 87(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 24 (as amended by S.I. 2020/1453, reg. 12(9)); 2020 c. 1, Sch. 5 para. 1(1)

Article 88 U.K. Restrictions on use of optional reserved terms

1. An optional reserved term may only be used to describe products that conform to the applicable conditions of use.

F226 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. In order to ensure that products described by means of optional reserved terms conform to the applicable conditions of use, the [F227 appropriate authority in England, Wales or Scotland may make regulations] laying down additional rules on the use of optional reserved terms.

Textual Amendments

F226 Art. 88(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, 31; 2020 c. 1, Sch. 5 para. 1(1)

F227 Words in Art. 88(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 25 (as amended by S.I. 2020/1453, reg. 12(10)); 2020 c. 1, Sch. 5 para. 1(1)

Subsection 4 U.K. Marketing standards related to import and export

Article 89 U.K. General provisions

In order to take into account the specific characteristics of trade between [F228 Great Britain and certain third countries, movement between Great Britain and Northern Ireland,] and the special character of certain agricultural products, the [F229 Secretary of State may make regulations] concerning:

(a)

the conditions under which imported products are considered to have an equivalent level of conformity to the F230 ... marketing standards [F231 applicable in Great Britain] and conditions allowing derogation from Article 74; and

(b)

the rules concerning the application of the marketing standards to products exported from [F232 Great Britain].

Textual Amendments

F228 Words in Art. 89 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(a)(i) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 7(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F229 Words in Art. 89 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F230 Word in Art. 89(a) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F231 Words in Art. 89(a) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(b)(ii) (as amended by S.I. 2020/1452, reg. 7(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F232 Words in Art. 89(b) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(c) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 7(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Article 90 U.K. Special provisions for the imports of wine

1. Save as otherwise provided for in international agreements [F233 to which the United Kingdom is a party], the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter, and the definitions, designations and sales descriptions referred to in Article 78 of this Regulation shall apply to products imported into [F234 Great Britain] and falling within CN codes 2009 61, 2009 69 and 2204.

2. Save as otherwise provided for in international agreements [F233 to which the United Kingdom is a party], products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised F235 ... pursuant to this Regulation or, prior to the authorisation pursuant to Article 80(3), produced in accordance with oenological practices recommended and published by the OIV.

2A [F236 By way of derogation from paragraph 2, products referred to in paragraph 1:

(a) which are produced before IP completion day, or which are still in the finishing process immediately before IP completion day, may be placed or remain on the market until stocks are exhausted provided that they are produced in accordance with oenological practices authorised pursuant to this Regulation as it had effect immediately before IP completion day;

(b) other than products falling within point (a), which are imported into Great Britain on or before IP completion day, may be produced in accordance with oenological practices authorised pursuant to this Regulation as it had effect immediately before IP completion day.]

3. The import of the products referred to in paragraph 1 shall be subject to the presentation of:

(a) a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the [F237 Secretary of State], in the product's country of origin;

(b) an analysis report drawn up by a body or department designated by the product's country of origin, if the product is intended for direct human consumption [F238 ; or

(c) a certificate and an analysis report which comply with points (a) and (b) as they had effect immediately before IP completion day.]

[F239 4. Paragraph 3 does not apply to products imported from the European Union until the end of the period of 6 months beginning on the day after that on which IP completion day falls provided that the products comply with paragraph 1.]

Textual Amendments

F233 Words in Art. 90 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, 32(a); 2020 c. 1, Sch. 5 para. 1(1)

F234 Words in Art. 90(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, 32(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F235 Words in Art. 90(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, 32(c); 2020 c. 1, Sch. 5 para. 1(1)

F236 Art. 90(2A) inserted (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, 32(d) (as amended by S.I. 2020/1453, reg. 9(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F237 Words in Art. 90(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 4(a); 2020 c. 1, Sch. 5 para. 1(1)

F238 Art. 90(3)(c) and word inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 4(b) (as amended by S.I. 2020/1446, reg. 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

F239 Art. 90(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 6(2)

Subsection 5 U.K. Common provisions

Article 91 U.K. Implementing powers in accordance with the examination procedure

The [F240 appropriate authority in England, Wales or Scotland may make regulations] :

(a)

[X1 establishing the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VII and spreadable fats referred to in point (a) of the sixth paragraph of point I of Part VII of Annex VII F241 ... ;]

(b)

laying down rules for the implementation of the marketing standards by sector or product;

(c)

laying down rules for determining whether products have undergone processes contrary to the authorised oenological practices;

(d)

laying down rules for the methods of analysis for determining the characteristics of products;

(e)

laying down rules for fixing the tolerance level;

(f)

laying down rules for the implementation of the measures referred to in Article 89;

(g)

laying down rules for the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed, for the certification procedures and for the commercial documents, accompanying documents and records to be kept.

F242 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F240 Words in Art. 91 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 26(a) (as amended by S.I. 2020/1453, reg. 12(11)); 2020 c. 1, Sch. 5 para. 1(1)

F241 Words in Art. 91(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 26(b); 2020 c. 1, Sch. 5 para. 1(1)

F242 Words in Art. 91 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 26(c); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Designations of origin, geographical indications and traditional terms in the wine sector

Subsection 1 U.K. Introductory provisions

Article 92 U.K. Scope

[X1 1. Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.]

2. The rules referred to in paragraph 1 shall be based on:

(a) protecting the legitimate interests of consumers and producers;

(b) ensuring the smooth operation of the [F243 market in Great Britain] in the products concerned; and

(c) promoting the production of quality products referred to in this Section, whilst allowing [F244 quality policy measures to be implemented in England, and, to the extent to which those measures are within devolved competence, in Wales and Scotland].

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F243 Words in Art. 92(2)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(2)(a)

F244 Words in Art. 92(2)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(2)(b)

Subsection 2 U.K. Designations of origin and geographical indications

Article 93 U.K. Definitions

1. For the purposes of this Section, the following definitions shall apply:

(a) "a designation of origin" means the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 92(1) fulfilling the following requirements:

(i)

the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;

(ii)

the grapes from which the product is produced come exclusively from that geographical area;

(iii)

the production takes place in that geographical area; and

(iv)

the product is obtained from vine varieties belonging to Vitis vinifera;

(b) "a geographical indication" means an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 92(1) fulfilling the following requirements:

(i)

it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;

(ii)

at least 85 % of the grapes used for its production come exclusively from that geographical area;

(iii)

its production takes place in that geographical area; and

(iv)

it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.

[F245 1a. For the purpose of Articles 102a, 102c and 102d and Annex 9A:

(za) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA;

(a) ‘an Article 99 approval notice’ means a notice published under Article 99(3) relating to a decision of the Secretary of State to approve an application to register a designation of origin or geographical indication;

(aa) ‘bridging arrangements’ has the meaning given in Article 102c(2)(b);

(b) ‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;

(c) ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a designation of origin or geographical indication of the third country in the European Union;

(d) ‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as it had effect before IP completion day;

(e) ‘Great Britain's PDOs and PGIs Register’ means the register established and maintained by the Secretary of State under Article 104;

(f) ‘the relevant period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls;

(fa) ‘third country’ means—

(i) for the purposes of the definition of ‘EUIA’ in paragraph 1a(c), Article 102c and Annex 9A (other than the reference in paragraph (ii)), any country other than—

(aa) any part of the British Islands, or

(bb) any member State;

(ii) for the purposes of the reference in column 2 of row 6 of the Types Table in Part 3 of Annex 9A, any country other than any part of the British Islands;

(iii) for all other purposes, any country other than the United Kingdom, and includes:

(aa) the Bailiwick of Guernsey;

(bb) the Bailiwick of Jersey;

(cc) the Isle of Man;

(g) ‘the TMA’ means the Trade Marks Act 1994;

(h) ‘the Types Table’ means the table in Part 3 of Annex 9A.]

2. Certain traditionally used names shall constitute a designation of origin where they:

(a) designate a wine;

(b) refer to a geographical name;

(c) fulfil the requirements referred to in points (a)(i) to (iv) of paragraph 1; and

(d) have undergone the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection.

3. Designations of origin and geographical indications, including those relating to geographical areas in [F246 other] countries, shall be eligible for protection in [F247 Great Britain] in accordance with the rules laid down in this Subsection.

4. Production as referred to in point (a)(iii) of paragraph 1 shall cover all the operations involved, from the harvesting of the grapes to the completion of the wine-making processes, with the exception of any post-production processes.

5. For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated area shall originate from the F248 ... country in which the demarcated area is situated.

Textual Amendments

F245 Art. 93(1a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(2) (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(5))

F246 Word in Art. 93(3) 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, 33(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F247 Words in Art. 93(3) 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, 33(a)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(12)); 2020 c. 1, Sch. 5 para. 1(1)

F248 Words in Art. 93(5) 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, 33(b); 2020 c. 1, Sch. 5 para. 1(1)

[F249 Article 93a U.K. Definitions: types of designation of origin and geographical indication

In Article 102a and Annex 9A any reference to:

(a) ‘a type 1 designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 1 of the Types Table;

(b) ‘a type 2A designation of origin’ means the designation of origin specified in column 2 of row 2 of the Types Table to which the provisions in column 3 of that row apply;

(c) ‘a type 2B designation of origin’ means the designation of origin specified in column 2 of row 2 of the Types Table to which the provisions in column 4 of that row apply;

(d) ‘a type 3A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 3 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies;

(e) ‘a type 3B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 3 of the Types Table to which the provisions in column 4 of that row apply;

(f) ‘a type 4A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 4 of the Types Table to which paragraph 1 or 2 of column 3 of that row applies;

(g) ‘a type 4B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 4 of the Types Table to which the provisions in column 4 of that row apply;

(h) ‘a type 5A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 5 of the Types Table to which paragraph 1 or 2 of column 3 of row 4 of that table applies;

(i) ‘a type 5B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 5 of the Types Table to which the provisions in column 4 of row 4 of that table apply;

(j) ‘a type 6A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 6 of the Types Table to which paragraph 1 or 2 in column 3 of row 4 of that table applies;

(k) ‘a type 6B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 6 of the Types Table to which the provisions in column 4 of row 4 of that table apply.]

Textual Amendments

F249 Art. 93a inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(3), Sch. 3 Pt. 1

Article 94 U.K. Applications for protection

1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:

(a) the name to be protected;

(b) the name and address of the applicant;

(c) a product specification, as referred to in paragraph 2; and

(d) a single document summarising the product specification referred to in paragraph 2.

2. The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication.

The product specification shall at least consist of:

(a) the name to be protected;

(b) a description of the wine or wines:

(i)

in respect of a designation of origin, the principal analytical and organoleptic characteristics;

(ii)

in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;

(c) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

(d) the demarcation of the geographical area concerned;

(e) the maximum yields per hectare;

(f) an indication of the wine grape variety or varieties that the wine or wines are obtained from;

(g) the details bearing out the link referred to in point (a)(i) or, as the case may be, in point (b)(i) of Article 93(1);

[F250 (h) any applicable legislative requirements;]

(i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks.

3. Where the application for protection concerns a geographical area in [F251 another] country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin.

Textual Amendments

F250 Art. 94(2)(h) 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, 34(a); 2020 c. 1, Sch. 5 para. 1(1)

F251 Word in Art. 94(3) 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, 34(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C7 Art. 94 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

Article 95 U.K. Applicants

1. Any interested group of producers, or in exceptional and duly justifiable cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application.

[F252 1A. An application to protect a designation of origin or a geographical indication for a wine produced in the United Kingdom must be submitted to the Secretary of State.]

2. Producers may apply for protection only for wines which they produce.

3. In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, a joint application may be submitted.

Textual Amendments

F252 Art. 95(1A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(3)

F253 Article 96 U.K. Preliminary national procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F253 Art. 96 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, 35; 2020 c. 1, Sch. 5 para. 1(1)

Article 97 U.K. Scrutiny by the [F254 Secretary of State]

1. The [F255 Secretary of State] shall make public the date of submission of the application for protection of the designation of origin or geographical indication.

2. The [F256 Secretary of State] shall examine whether the applications for protection as referred to in Article 94 meet the conditions laid down in this Subsection.

[F257 3. Where the Secretary of State considers that the conditions laid down in this Subsection are met, the Secretary of State must publish the single document referred to in point (d) of Article 94(1) in respect of the application concerned and the product specification referred to in Article 94(2).

4. Where the Secretary of State considers that the conditions laid down in this Subsection are not met, the Secretary of State must reject the application and:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision;

(b) provide information to the applicant and any interested parties of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.]

Textual Amendments

F254 Words in Art. 97 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F255 Words in Art. 97(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F256 Words in Art. 97(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F257 Art. 97(3)(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(4)

Modifications etc. (not altering text)

C8 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

[F258 Article 97a U.K. Applications pending on IP completion day

1. A pending application made before IP completion day under Regulation (EU) No 1308/2013 as it had effect before IP completion day is deemed to be an application made under Article 94 of this Regulation for which scrutiny under Article 97 of this Regulation has not been commenced.

2. Unless requested in writing not to do so by the person who submitted the application under Regulation (EU) No 1308/2013, the Secretary of State must scrutinise a pending application under Article 97 of this Regulation.

3. But the Secretary of State may decide not to scrutinise a pending application under paragraph 2 in a case where the pending application is an application that has been sent to the European Commission for scrutiny under Article 97 of Regulation (EU) No 1308/2013 before IP completion day.

4. The six month period specified in Article 10 of Regulation (EU) No 2019/33 begins with the day on which IP completion day falls.

5. Where a request of the type specified in paragraph 2 is made in relation to a pending application by an applicant referred to in that paragraph, the pending application is to be treated as having been withdrawn.

6 In this Article ‘pending application’ means an application submitted to the Secretary of State under Article 96 of Regulation (EU) No 1308/2013 as it has effect in EU law—

(a) for protection of a name as a designation of origin or geographical indication;

(b) for which the European Commission has not adopted an implementing act under Article 99 of Regulation (EU) 1308/2013 before IP completion day.]

Textual Amendments

F258 Art. 97a inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(5)

Modifications etc. (not altering text)

C8 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

Article 98 U.K. Objection procedure

Within two months from the date of the publication of the single document as referred to in point (d) of Article 94(1), any F259 ... country, or any natural or legal person having a legitimate interest F260 ..., may object to the proposed protection by submitting to the [F261 Secretary of State] a duly substantiated statement concerning the conditions of eligibility as laid down in this Subsection.

In the case of natural or legal persons resident or established in [F262 another country], such a statement shall be submitted, either directly or via the authorities of the F263 ... country concerned, within the two month period referred to in the first paragraph.

Textual Amendments

F259 Words in Art. 98 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, 36(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F260 Words in Art. 98 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, 36(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F261 Words in Art. 98 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, 36(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F262 Words in Art. 98 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, 36(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F263 Word in Art. 98 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, 36(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C8 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

[F264 Article 99 U.K. Decision on protection

1. On the basis of the information available to the Secretary of State upon completion of the objection procedure referred to in Article 98, the Secretary of State must decide to:

(a) reject the application if the Secretary of State considers that the conditions laid down in this Subsection are not met; or

(b) approve the application and update the register provided for in Article 104 accordingly.

2. Where the Secretary of State decides to reject an application under point (a) of the first paragraph, the Secretary of State must:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision;

(b) provide information to the applicant and any interested parties of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.

3. Where the Secretary of State decides to approve an application under point (b) of paragraph 1, the Secretary of State must:

(a) inform such parties as the Secretary of State considers to have an interest in the decision of the decision and the reasons for that decision;

(b) provide information to such parties as the Secretary of State considers to have an interest in the decision of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.]

Textual Amendments

F264 Art. 99 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(6)

Modifications etc. (not altering text)

C8 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

[F265 Article 99a U.K. Appeals

1. The following may appeal to the First-tier Tribunal (the “FTT”) against a decision of the Secretary of State to approve an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) a person who submitted a statement in accordance with Article 98;

(b) a person marketing a product that is, or may be, affected by the registration of the designation of origin or geographical indication.

2. The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) the person who submitted the application for protection;

(b) a person marketing a product that is, or may be, affected by the decision not to register the designation of origin or geographical indication.

2A. The following may appeal to the FTT against a decision of the Secretary of State to approve an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to approve the application.

2B. The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to reject the application.

2C. The following may appeal to the FTT against a decision of the Secretary of State (either on the Secretary of States’ own initiative or following a request) under Article 106 to cancel the protection of a designation of origin or geographical indication—

(a) the person who made a request for cancellation under Article 106 which is the subject of the appeal, if applicable;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State to cancel.

2D. The following may appeal to the FTT against a decision of the Secretary of State, following a request under Article 106, not to cancel the protection of a designation of origin or geographical indication—

(a) the person who made the request for cancellation under Article 106;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State not to cancel.

3. In determining an appeal under paragraph 1, 2, 2A, 2B, 2C or 2D the FTT:

(a) must consider the decision appealed against afresh, and

(b) may take into account evidence that was not available to the Secretary of State.

4. The FTT may:

(a) dismiss the appeal,

(b) if it allows an appeal made under paragraph 1:

(i) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application and (if appropriate) to restore the register in the meantime; or

(c) if it allows an appeal made under paragraph 2:

(i) quash the decision and direct the Secretary of State to approve the application and register the designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application.

(d) if it allows an appeal made under paragraph 2A—

(i) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the application for amendment and (if appropriate) to restore the register in the meantime;

(e) if it allows an appeal made under paragraph 2B—

(i) quash the decision and direct the Secretary of State to approve the application; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the application for amendment;

(f) if it allows an appeal made under paragraph 2C—

(i) quash the decision and direct the Secretary of State to reverse the cancellation and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the cancellation and (if appropriate) to restore the register in the meantime;

(g) if it allows an appeal made under paragraph 2D—

(i) quash the decision and direct the Secretary of State to cancel the protection of designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeal the consideration of the cancellation.

5. The Secretary of State may consider a decision mentioned in paragraph 1, 2, 2A, 2B, 2C or 2D afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time of the original decision.

6. Paragraph 5 applies even though an appeal has been made to the FTT in respect of the original decision.

7. Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision, the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter.

8. If the Secretary of State makes the same decision again, the appeal to the FTT restarts. If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

9. An appeal made under paragraph 1, 2A or 2C does not prevent an entry recorded on the register provided for in Article 104 by the Secretary of State following that decision from having effect.

10. The entry referred to in paragraph 9 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and—

(a) in a case where the FTT quashes the Secretary of State’s decision and directs the Secretary of State to restore the register, that action has been taken;

(b) in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.]

Textual Amendments

F265 Art. 99a inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 6 (as amended by S.I. 2020/1446, regs. 1(2), 7(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 100 U.K. Homonyms

1. A name for which an application is submitted and which is wholly or partially homonymous with a name already registered under this Regulation shall be registered with due regard to local and traditional usage and any risk of confusion.

A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of those products is concerned.

A registered homonymous name may be used only if there is a sufficient distinction in practice between the homonym registered subsequently and the name already in the register, having regard to the need to treat the producers concerned in an equitable manner and the need to avoid misleading the consumer.

F266 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The protection of designations of origin and geographical indications of products covered by Article 93 of this Regulation shall be without prejudice to protected geographical indications applying to spirit drinks as defined in Article 2 of [F267 Regulation (EU) No 2019/787 of the European Parliament and of the Council].

Textual Amendments

F266 Art. 100(2)(3) 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, 37; 2020 c. 1, Sch. 5 para. 1(1)

F267 Words in Art. 100(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(4)

Article 101 U.K. Additional grounds for refusal of protection

1. A name that has become generic [F268 in the United Kingdom] shall not be protected [F269 in Great Britain] as a designation of origin or a geographical indication.

For the purposes of this Section, a "name that has become generic" means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine F270 ... [F271 in the United Kingdom].

To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular:

(a) the existing situation F272 ..., notably in areas of consumption;

(b) the relevant F273 ... law.

2. A name shall not be protected as a designation of origin or geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine.

Textual Amendments

F268 Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(5)

F269 Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(7)(a)

F270 Words in Art. 101(1) 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, 38(a); 2020 c. 1, Sch. 5 para. 1(1)

F271 Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(7)(b)

F272 Words in Art. 101(1)(a) 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, 38(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F273 Words in Art. 101(1)(b) 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, 38(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 102 U.K. Relationship with trade marks

1. The registration of a trade mark that contains or consists of a protected designation of origin or a geographical indication which does not comply with the product specification concerned or the use of which falls under Article 103(2), and that relates to a product falling under one of the categories listed in Part II of Annex VII shall be:

(a) refused if the application for registration of the trade mark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the [F274 Secretary of State] and the designation of origin or geographical indication is subsequently protected; or

(b) invalidated.

2. Without prejudice to Article 101(2), a trade mark referred to in paragraph 1 of this Article which has been applied for, registered or established by use in good faith, if that possibility is provided for by the law concerned, in [F275 Great Britain] either before the date of protection of the designation of origin or geographical indication in the country of origin, or before 1 January 1996, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark's invalidity or revocation exist under [F276 the Trade Marks Act 1994].

Textual Amendments

F274 Words in Art. 102(1)(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, 39(a); 2020 c. 1, Sch. 5 para. 1(1)

F275 Words in Art. 102(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, 39(b)(i) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(13)); 2020 c. 1, Sch. 5 para. 1(1)

F276 Words in Art. 102(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, 39(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F277 Article 102a U.K. Transitional provisions: relationship with trade marks

1. Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where, if the trade mark is registered, the use of the trade mark will contravene Article 103(2) in relation to a category A designation of origin or geographical indication.

2. Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where:

(a) if the trade mark is registered, the use of the trade mark will contravene Article 103(2) in relation to a category B designation of origin or geographical indication, and

(b) after the application for the trade mark is accepted but before the trade mark is registered:

(i) in the case of a type 3B designation of origin or geographical indication:

(aa) the international agreement referred to in paragraph (c) of column 2 of row 3 of the Types Table enters into force or the bridging arrangements referred to in that column are made, and

(bb) the entry into force of the international agreement or the making of the bridging arrangements is brought to the attention of the registrar before the trade mark is registered;

(ii) in the case of any other category B designation of origin or geographical indication:

(aa) the Secretary of State publishes an Article 99 approval notice relating to the designation of origin or geographical indication, and

(bb) the Article 99 approval notice is brought to the attention of the registrar before the trade mark is registered.

3. Where an application for a declaration of invalidity is made under the TMA (as applied by Article 102b(1) and modified by Article 102b(2)) in relation to the registration of a trade mark, the registration of the trade mark must be declared to be invalid, unless paragraph 4 applies, if:

(a) the application to register the trade mark was pending immediately before IP completion day or filed during the relevant period,

(b) the use of the trade mark contravenes, or will, if used, contravene, Article 103(2) in relation to a category B designation of origin or geographical indication, and

(c) in the case of a type 2B, 4B, 5B or 6B designation of origin or geographical indication, the Secretary of State publishes an Article 99 approval notice relating to the designation of origin or geographical indication on or after the time at which the trade mark application is accepted.

4. This paragraph applies where a column 5 date applies in relation to a category A or B designation of origin or geographical indication and, taking account of any priority claimed in respect of an application to register a trade mark referred to in paragraph 1, 2 or 3(a) (as relevant) and on the basis of the information available to the registrar, it appears to the registrar that the date of filing of the trade mark application is earlier than the column 5 date that applies to the relevant designation of origin or geographical indication.

5. As regards paragraphs 1 and 2, a column 5 date does not apply in relation to a type 3A, 4A or 5A designation of origin or geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the designation of origin or geographical indication provides that an application for a trade mark must be refused, regardless of when that application is filed, if the trade mark, if registered, will contravene a provision in the EUIA providing for the protection of the use of the designation of origin or geographical indication

6. As regards paragraph 3, a column 5 date does not apply in relation to a type 3B, 4B or 5B designation of origin or geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the designation of origin or geographical indication provides that the registration of a trade mark must be invalidated if, regardless of when the application that resulted in the registration of the trade mark is filed, the use of the trade mark contravenes a provision in the EUIA providing for the protection of the use of the designation of origin or geographical indication.

7. Where a designation of origin or geographical indication falls within the definition of more than one type of designation of origin or geographical indication in Article 93a, the column 5 date to be taken into account for the purpose of paragraph 4 is the earliest of the column 5 dates for the relevant types of designation of origin or geographical indication.

8. In a case of a category A or B designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register at the time an assessment is carried out under paragraph 1, 2 or 3, the designation of origin or geographical indication is to be treated, for the purpose of the assessment, as being a protected designation of origin or protected geographical indication, as relevant, in determining whether the use of the trade mark will contravene Article 103(2) in relation to that designation of origin or geographical indication.

9. A trade mark that could be used in the United Kingdom under Article 102(2) of EU Regulation 1308/2013 immediately before IP completion day may continue to be used in Great Britain on and after IP completion day:

(a) notwithstanding that the use of the trade mark would contravene Article 103(2) of Regulation (EU) No 1308/2013 in Great Britain in relation to a designation of origin or geographical indication registered by the Secretary of State under this Regulation;

(b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

10. Nothing in this Regulation prevents a trade mark that could be renewed in the United Kingdom pursuant to Article 102(2) of EU Regulation 1308/2013 immediately before IP completion day from being renewed after IP completion day:

(a) notwithstanding that the use of the renewed trade mark would contravene Article 103(2) in Great Britain in relation to a designation of origin or geographical indication registered by the Secretary of State under this Regulation;

(b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

11. Where paragraph 9 or 10 applies to the use or renewal of a trade mark, this does not affect the use of:

(a) a designation of origin or geographical indication entered on Great Britain’s PDOs and PGIs Register following a decision by the Secretary of State to approve an application made under Article 95(1A) or Article 3 of Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;

(b) a designation of origin or geographical indication entered on Great Britain’s PDOs and PGIs Register by the Secretary of State following a decision of the Secretary of State to approve an application to which Article 97a applies;

(c) a designation of origin or geographical indication entered on Great Britain’s PDOs and PGIs Register by the Secretary of State pursuant to Article 102c(1) or the second sentence of Article 104;

(d) an established protected designation of origin or an established protected geographical indication entered on Great Britain’s PDOs and PGIs Register by the Secretary of State pursuant to Article 107(1).

12. In this Article:

(b) ‘a category A designation of origin or geographical indication’ means a type 1, 2A, 3A, 4A, 5A or 6A designation of origin or geographical indication;

(c) ‘a category B designation of origin or geographical indication’ means a type 2B, 3B, 4B, 5B or 6B designation of origin or geographical indication;

(d) ‘column 5 date’, in relation to a designation of origin or geographical indication that is a category A or B designation of origin or geographical indication, means the date specified, or provided for, in column 5 of the Types Table in the row relating to the relevant type of designation of origin or geographical indication;

(e) ‘date of filing’:

(i) in the case of an EUTM-based trade mark application, means the filing date referred to in paragraph 25(2)(a)(i) of Schedule 2A to the TMA for the existing EUTM application;

(ii) in the case of an ITM-based trade mark application, means:

(aa) in the case of an application for the registration of a trade mark to which paragraph 28 of Schedule 2B to the TMA applies, the date referred to in paragraph 28(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(bb) in the case of an application for the registration of a trade mark to which paragraph 29 of Schedule 2B to the TMA applies, the date referred to in paragraph 29(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(iii) in any other case, has the meaning given by section 33 of the TMA;

(f) ‘established protected designation of origin’ has the meaning given by Article 107(2)(a);

(g) ‘established protected geographical indication’ has the meaning given by Article 107(2)(b);

(h) ‘EUTM-based trade mark application’ means an application to register a trade mark to which paragraph 25(1) of Schedule 2A to the TMA applies that is made within the period specified in paragraph 25(2) of that Schedule;

(i) ‘existing EUTM application’ has the same meaning as in paragraph 24 of Schedule 2A to the TMA;

(j) ‘existing ITM application’ has the same meaning as in paragraph 27(1)(a) of Schedule 2B to the TMA;

(k) ‘existing request for EU extension’ has the same meaning as in paragraph 27(1)(b) of Schedule 2B to the TMA;

(l) ‘ITM-based trade mark application’ means an application to register a trade mark to which paragraph 28(1) or 29(1) of Schedule 2B to the TMA applies that is made within the period specified in paragraph 28(1)(c) or 29(1)(c) (as the case may be) of that Schedule;

(m) ‘the registrar’ has the meaning given by section 62 of the TMA.

13. Any reference in this Article to:

(a) ‘priority claimed in respect of an application’:

(i) in the case of an EUTM-based trade mark application, means any priority claimed in respect of the existing EUTM application referred to in paragraph 25(2)(a)(ii) of Schedule 2A to the TMA;

(ii) in the case of an ITM-based trade mark application, means any priority claimed in respect of the existing ITM application or the existing request for EU extension referred to in paragraph 28(2)(b) or 29(2)(b) (as the case may be) of Schedule 2B to the TMA;

(iii) in any other case, means any priority claimed in respect of the application pursuant to section 35 of the TMA;

(b) an application to register a trade mark that was ‘pending immediately before IP completion day’ is a reference to an application that was neither refused, nor resulted in the registration of the trade mark that is the subject of the application, before IP completion day;

(c) a trade mark includes a reference to:

(i) a collective mark as defined in section 49(1) of the TMA;

(ii) a certification mark as defined in section 50(1) of the TMA.

Textual Amendments

F277 Arts. 102a, 102b inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(4), Sch. 3 Pt. 2 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(8)(a))

Article 102b U.K. Application and modification of trade mark provisions

1. For the purpose of Article 102a, the following provisions of the TMA apply, with the modifications, in the case of sections 47(3) and (5), 74(1), 76(1) and 77(1), specified in paragraph 2:

(a) subsections (3) to (5) and (6) of section 47 (invalidation of trade marks) in relation to an application to invalidate a trade mark referred to in Article 102a(3);

(b) section 72 (registration to be prima face evidence of validity);

(c) section 73 (certificate of validity of contested application);

(d) section 74 (registrar’s appearance in proceedings involving the register of trade marks);

(e) section 75 (definition of ‘the court’);

(f) section 76 (appeals) except for subsection (5);

(g) section 77(1) (persons appointed to hear and determine appeals).

2. The modifications are:

(a) section 47 applies as if:

(i) in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 102b(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products,’;

(ii) in subsection (5), for ‘grounds of invalidity exist’ there were substituted ‘ground for invalidity specified in Article 102a(3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council exists’;

(b) section 74(1) applies as if, for the words from ‘for’ to ‘the registrar’ there were substituted ‘for a declaration of the invalidity of the registration of a trade mark, the registrar’;

(c) section 76(1) applies as if:

(i) in the first paragraph, for the words from ‘under’ to the end there were substituted ‘made under Article 102a(3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council’;

(ii) the second paragraph were omitted;

(d) section 77(1) applies as if, at the end there were inserted ‘as applied by Article 102b(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council’.

3. In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA:

(a) an application to invalidate a trade mark referred to in Article 102a(3);

(b) an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).]

Textual Amendments

F277 Arts. 102a, 102b inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(4), Sch. 3 Pt. 2 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(8)(a))

[F278 Article 102c U.K. Third Country designations of origin and geographical indications covered by bridging arrangements

1. A designation of origin or geographical indication to which paragraph 2 applies is, for the protection period, to be entered on Great Britain’s PDOs and PGIs Register.

2. This paragraph applies to a designation of origin or geographical indication which relates to a geographical area in a third country (“C”) which:

(a) was, immediately before IP completion day, protected in the European Union under an EUIA to which the European Union and C were contracting parties, and

(b) is, before a qualifying international agreement enters into force, to be protected in Great Britain pursuant to any written arrangements made by the United Kingdom and C (“bridging arrangements”).

3. For the purposes of this Article, “the protection period”, in relation to a designation of origin or geographical indication, is the period for which:

(a) the relevant bridging arrangements have effect, or

(b) if only part of the relevant bridging arrangements relates to the designation of origin or geographical indication, that part has effect.

4. In this Article “qualifying international agreement” means an international agreement between the United Kingdom and C, which has been initialled.

Textual Amendments

F278 Arts. 102c, 102d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 2

Article 102d U.K. Transitional provisions: relations between trade marks, designations of origin and geographical indications when bridging arrangements are in effect

1. Where a designation of origin or geographical indication is entered on Great Britain’s PDOs and PGIs Register under Article 102c, Articles 102a and 102b and Annex 9A apply for the purposes of determining:

(a) whether an application to register a trade mark which was pending before IP completion day or made during the relevant period must be refused, or

(b) if a relevant invalidity application was made, whether the registration of a trade mark must be declared invalid,

but subject to the general modifications specified in paragraphs 2 and 3 and any further modifications made by regulations (if any) (see paragraph 4).

2. The modifications mentioned in paragraph 1 are that Articles 102a and 102b and Annex 9A are to be read as if:

(a) in the case of a type A term, any reference to a type 3A designation of origin or geographical indication included a reference to a type A term;

(b) in the case of a type B term, any reference to a type 3B designation of origin or geographical indication included a reference to a type B term.

3. In addition, Article 102b and Annex 9A are to be read as if any reference to Article 102a included a reference to that Article as applied by this Article.

4. The Secretary of State may, by regulations, make such further modifications to Article 102a or 102b or Annex 9A as the Secretary of State considers necessary for the purpose of ensuring that the relative priorities afforded to designations of origin, geographical indications and trade marks before IP completion day continue to apply appropriately during the protection period.

5. For the purposes of this Article:

• ‘relevant invalidity application’ means an application for a declaration of invalidity made under the TMA (as applied by Article 102b(1) and modified by Article 102b(2)) in relation to the registration of a trade mark;

• ‘type A term’ means a designation of origin or geographical indication which—

  (i)

  is, immediately before the application to register a trade mark is accepted, entered in Great Britain’s PDOs and PGIs Register under article 102c, or

  (ii)

  is not so entered when the application to register a trade mark is accepted, but is to be protected under bridging arrangements which come into effect before the application to register a trade mark is accepted;

• ‘type B term’ means a designation of origin or geographical indication which is not entered in Great Britain’s PDOs and PGIs Register under article 102c when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to bridging arrangements made on or after the day on which the relevant trade mark application is accepted.]

Textual Amendments

F278 Arts. 102c, 102d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 2

Article 103 U.K. Protection

1. A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.

2. A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

(a) any direct or indirect commercial use of that protected name:

(i)

by comparable products not complying with the product specification of the protected name; or

(ii)

in so far as such use exploits the reputation of a designation of origin or a geographical indication;

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin;

(d) any other practice liable to mislead the consumer as to the true origin of the product.

3. Protected designations of origin and protected geographical indications shall not become generic in [F279 Great Britain] within the meaning of Article 101(1).

Textual Amendments

F279 Words in Art. 103(3) 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, 40 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

Article 104 U.K. Register

The [F280 Secretary of State] shall establish and maintain an electronic register of protected designations of origin and protected geographical indications for wine which shall be publicly accessible. Designations of origin and geographical indications pertaining to products of [F281 other] countries that are protected in [F282 Great Britain] pursuant to an international agreement to which [F283 the United Kingdom] is a contracting party may be entered in the register. Unless specifically identified in that agreement as protected designations of origin within the meaning of this Regulation, such names shall be entered in the register as protected geographical indications [F284 and unless the Secretary of State, when making an entry, specifies a later date on the register as the date the entry is to take effect, the entry is to be treated as taking effect:

(a) in a case where the register is established by the Secretary of State after IP completion day but before the end of the next day following the day on which IP completion day falls and the entry is on the register as established during that period, on IP completion day;

(b) in any other case, immediately the entry is made]

Textual Amendments

F280 Words in Art. 104 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, 41(a); 2020 c. 1, Sch. 5 para. 1(1)

F281 Word in Art. 104 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, 41(b); 2020 c. 1, Sch. 5 para. 1(1)

F282 Words in Art. 104 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, 41(c) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(15)); 2020 c. 1, Sch. 5 para. 1(1)

F283 Words in Art. 104 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, 41(d) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(15)); 2020 c. 1, Sch. 5 para. 1(1)

F284 Words in Art. 104 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(8)

Article 105 U.K. Amendments to product specifications

An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redemarcate the geographical area referred to in point (d) of the second subparagraph of Article 94(2). Applications shall describe and state reasons for the amendments requested.

[F285 Article 106 U.K. Cancellation

Either on the Secretary of State's own initiative or following a request, the Secretary of State may decide, in accordance with Commission Delegated Regulation (EU) 2019/33 and Commission Implementing Regulation (EU) 2019/34, to cancel the protection of a designation of origin or a geographical indication where the Secretary of State considers that compliance with the corresponding product specification is no longer ensured.

Where the Secretary of State makes a decision to cancel under the first paragraph (either following a request or on the Secretary of State's own initiative) or to decline to cancel under the first paragraph (following a request), the Secretary of State must:

(a) inform any interested party of the decision and the reasons for that decision;

(b) provide information to such parties as the Secretary of State considers to have an interest in the decision of the right to appeal against the decision and the time period within which an appeal may be made;

(c) publish the decision and the reasons; and

(d) update the register provided for in Article 104 accordingly.]

Textual Amendments

F285 Art. 106 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(9)

X2 Article 107 U.K. Existing protected wine names

1. Wine names referred to in Articles 51 and 54 of Council Regulation (EC) No 1493/1999(7) and Article 28 of Commission Regulation (EC) No 753/2002(8) shall be automatically protected under this Regulation. The Commission shall list them in the register provided for in Article 104 of this Regulation.

2. The Commission shall take the corresponding formal step of removing wine names to which Article 118s(3) of Regulation (EC) No 1234/2007 applies from the register provided for in Article 104 of this Regulation by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3) of this Regulation.

3. Article 106 shall not apply to existing protected wine names referred to in paragraph 1 of this Article.

Until 31 December 2014, the Commission may, on its own initiative, adopt implementing acts cancelling the protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 93.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

4. For Croatia, the wine names published in the Official Journal of the European Union(9) shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 104.

Editorial Information

X2 Art. 107 originally intended to be substituted by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 7 (as amended by S.I. 2020/1452, regs. 1, 6(3)); however the said reg. 7 was revoked (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(4)

F286 Article 108 U.K. Fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F286 Art. 108 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, 42; 2020 c. 1, Sch. 5 para. 1(1)

Article 109 U.K. Delegated powers

1. In order to take into account the specific characteristics of the production in the demarcated geographical area, the [F287 Secretary of State may make regulations] laying down:

(a) the additional criteria for the demarcation of the geographical area; and

(b) the restrictions and derogations concerning the production in the demarcated geographical area.

2. In order to ensure product quality and traceability, the [F288 Secretary of State may make regulations] laying down the conditions under which product specifications may include additional requirements.

3. In order to ensure the protection of the legitimate rights and interests of producers and operators, the [F289 Secretary of State may make regulations] on:

(a) the type of applicant that may apply for the protection of a designation of origin or geographical indication;

(b) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the [F290 Secretary of State], the objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;

(c) the conditions applicable to trans-border applications;

(d) the conditions for applications concerning geographical areas in a third country;

(e) the date from which a protection or an amendment to a protection shall apply;

(f) the conditions related to amendments to product specifications[F291 ;]

[F292 (g) rights to appeal any decision made:

(i) under Article 99 to reject or approve an application for the protection of a designation of origin or of a geographical indication;

(ii) to reject or approve an application submitted under Article 105 to amend the product specification of a protected designation of origin or of a protected geographical indication;

(iii) under Article 106, either to reject or approve an application to cancel a protected designation of origin or a protected geographical indication, or to cancel such protection on the Secretary of State's own initiative,

including the parties who may bring an appeal, the grounds and form of appeal, the appeals procedure, and the identity and powers of the appeal body.]

4. In order to ensure an adequate level of protection, the [F293 Secretary of State may make regulations about] restrictions regarding the protected name.

5. In order to ensure that economic operators and competent authorities are not unduly affected by the application of this Subsection as regards wine names which have been granted protection [F294 under Regulation (EU) No 1308/2013] prior to [F295 IP completion day], or for which an application for protection has been made [F296 under Regulation (EU) No 1308/2013] prior to [F297 IP completion day], the [F298 Secretary of State may make regulations for securing, as far as practicable, uninterrupted protection equivalent to that provided by Regulation (EU) No 1308/2013 immediately before IP completion day, and in particular] laying down transitional rules concerning:

(a) wine names recognised by F299 ... as designations of origin or geographical indications by [F295 IP completion day], and wine names for which an application for protection has been made [F296 under Regulation (EU) No 1308/2013] prior to [F297 IP completion day];

(b) wines placed on the market or labelled before a specific date; and

(c) amendments to the product specifications.

Textual Amendments

F287 Words in Art. 109(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(a)

F288 Words in Art. 109(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(b)

F289 Words in Art. 109(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(i)

F290 Words in Art. 109(3)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(ii)

F291 Art. 109(3)(f): semi-colon substituted for full stop (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(iii)

F292 Art. 109(3)(g) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(iv)

F293 Words in Art. 109(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(d)

F294 Words in Art. 109(5) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(i)

F295 Words in Art. 109(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(iii)

F296 Words in Art. 109(5) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(ii)

F297 Words in Art. 109(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(iv)

F298 Words in Art. 109(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(v)

F299 Words in Art. 109(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(vi)

Article 110 U.K. [F300 Article 110 Other delegated powers]

1. The [F301 Secretary of State may make regulations] laying down necessary measures concerning:

(a) the information to be provided in the product specification with regard to the link between the geographical area and the final product;

(b) the making of decisions on protection or rejection available to the public;

(c) the establishment and the maintenance of the register referred to in Article 104;

(d) the conversion from protected designation of origin to protected geographical indication;

(e) the submission of trans-border applications.

F302 ...

2. The [F303 Secretary of State may make regulations] laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of an amendment of a designation of origin or a geographical indication, as well as the procedure for requests for objection, cancellation, or conversion, and the submission of information related to existing protected wine names, in particular with respect to:

(a) models for documents and the transmission format;

(b) time limits;

(c) the details of the facts, evidence and supporting documents to be submitted in support of an application or a request.

F304 ...

Textual Amendments

F300 Art. 110 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(11)(a)

F301 Words in Art. 110(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(11)(b)(i)

F302 Words in Art. 110(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(11)(b)(ii)

F303 Words in Art. 110(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(11)(c)(i)

F304 Words in Art. 110(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(11)(c)(ii)

F305 Article 111 U.K. Other implementing powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305 Art. 111 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(12)

Subsection 3 U.K. Traditional terms

Article 112 U.K. Definition

A "traditional term" means a term traditionally used F306 ... for the products referred to in Article 92(1) to designate:

(a)

that the product has a protected designation of origin or a protected geographical indication under [F307 Article 99 or is included in the register established under Article 104]; or

(b)

the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication.

Textual Amendments

F306 Words in Art. 112 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, 43(a); 2020 c. 1, Sch. 5 para. 1(1)

F307 Words in Art. 112(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, 43(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 113 U.K. Protection

1. A protected traditional term may only be used for a product which has been produced in conformity with the definition provided for in Article 112.

Traditional terms shall be protected against unlawful use.

2. Traditional terms shall be protected, only in the language and for the categories of grape vine products claimed in the application, against:

(a) any misuse of the protected term, including where it is accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;

(b) any other false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it;

(c) any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

3. Traditional terms shall not become generic in [F308 Great Britain].

Textual Amendments

F308 Words in Art. 113(3) 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, 44 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(16)); 2020 c. 1, Sch. 5 para. 1(1)

Article 114 U.K. Delegated powers

1. In order to ensure an adequate level of protection, the [F309 Secretary of State may make regulations] regarding the language and the spelling of the traditional term to be protected.

2. In order to ensure the protection of the legitimate rights and interests of producers and operators, the [F310 Secretary of State may make regulations] establishing:

(a) the type of applicants that may apply for the protection of a traditional term;

(b) the conditions of validity of an application for protection of a traditional term;

(c) the grounds for objecting to a proposed recognition of a traditional term;

(d) the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;

(e) the grounds for cancellation of a traditional term;

(f) the date of submission of an application or of a request for objection or cancellation;

(g) the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the [F311 Secretary of State], the objection procedure and the procedures on cancellation and modification[F312 ;]

[F313 (h) the circumstances in which an interested party may appeal any decision to:

(i) reject or approve an application for the protection of a traditional term;

(ii) reject or approve an application for the modification of the protection of a traditional term;

(iii) either reject or approve an application for the cancellation of the protection of a traditional term, or to cancel such protection on the Secretary of State's own initiative.]

3. In order to take into account the specific characteristics of trade between [F314 Great Britain] and certain third countries, the [F315 Secretary of State may make regulations] laying down the conditions under which traditional terms may be used on products from third countries and providing for derogations from Article 112 and Article 113(2).

Textual Amendments

F309 Words in Art. 114(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(13)(a)

F310 Words in Art. 114(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(13)(b)(i)

F311 Words in Art. 114(2)(g) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(13)(b)(ii)

F312 Art. 114(2)(g): semi-colon substituted for full stop (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(13)(b)(iii)

F313 Art. 114(2)(h) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(13)(b)(iv)

F314 Words in Art. 114(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(13)(c)(i)

F315 Words in Art. 114(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(13)(c)(ii)

Article 115 U.K. [F316 Article 115 Other delegated powers]

1. The [F317 Secretary of State may make regulations] laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of a modification of a traditional term, as well as the procedure for requests for objection or cancellation, in particular with respect to:

(a) models for documents and the transmission format;

(b) time limits;

(c) the details of the facts, evidence and supporting documents to be submitted in support of the application or request;

(d) detailed rules on making protected traditional terms available to the public.

[F318 2. The Secretary of State may:

(a) approve or reject an application for protection of a traditional term;

(b) approve or reject an application for modification of a protected traditional term;

(c) approve or reject an application to cancel the protection of a traditional term;

(d) cancel the protection of a traditional term on the Secretary of State's own initiative.

2A. Where the Secretary of State makes a decision under paragraph 2, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time, a notice—

(a) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision; and

(b) providing information about the right to appeal against the decision and the period within which an appeal may be made.]

3. The [F319 Secretary of State may make regulations] providing for the protection of traditional terms in respect of which an application for protection has been accepted, in particular by classifying them in accordance with Article 112 and by publishing a definition and/or the conditions of use.

F320 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316 Art. 115 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(a)

F317 Words in Art. 115(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(b)

F318 Art. 115(2)(2A) substituted for Art. 115(2) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(c)

F319 Words in Art. 115(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(d)

F320 Art. 115(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(e)

F321 Article 116 U.K. Other implementing powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F321 Art. 116 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(15)

Section 3 U.K. Labelling and presentation in the wine sector

Article 117 U.K. Definition

For the purposes of this Section:

(a)

"labelling" means any words, particulars, trade marks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product;

(b)

"presentation" means any information conveyed to consumers by virtue of the packaging of the product concerned, including the form and type of bottles.

Article 118 U.K. Applicability of horizontal rules

[F322 Save as otherwise provided for in this Regulation, the Food (Lot Marking) Regulations 1996, the Weights and Measures (Intoxicating Liquor) Order 1988, the Weights and Measures (Miscellaneous Foods) Order 1988, the Trade Marks Act 1994 and Regulation (EU) No 1169/2011 apply to labelling and presentation.]

The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Regulation (EU) No 1169/2011.

Textual Amendments

F322 Words in Art. 118 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, 45(a) (as amended by S.I. 2020/1453, reg. 9(17)); 2020 c. 1, Sch. 5 para. 1(1)

Article 119 U.K. Compulsory particulars

1. Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII marketed in [F323 Great Britain] or for export shall contain the following compulsory particulars:

(a) the designation for the category of the grapevine product in accordance with Part II of Annex VII;

(b) for wines with a protected designation of origin or a protected geographical indication:

(i)

the term "protected designation of origin" or "protected geographical indication"; and

(ii)

the name of the protected designation of origin or the protected geographical indication;

(c) the actual alcoholic strength by volume;

(d) an indication of provenance;

(e) an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

(f) an indication of the importer in the case of imported wines; and

(g) in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content.

2. By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.

3. By way of derogation from point (b) of paragraph 1, the reference to the terms "protected designation of origin" or "protected geographical indication" may be omitted in the following cases:

(a) where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2);

[F324 (b) in exceptional and duly justified circumstances specified in regulations made by the Secretary of State in order to ensure compliance with existing labelling practices.]

4. [F325 By way of derogation, products referred to in paragraph 1:

(a) which are produced before IP completion day, or which are still in the finishing process immediately before IP completion day, may be placed or remain on the market until stocks are exhausted, provided that the labelling and presentation of those products complies with this Regulation as it had effect immediately before IP completion day;

(b) other than those falling within point (a), which are imported into the United Kingdom before the end of the period of 21 months beginning on the day on which IP completion day falls, may be marketed if the labelling and presentation of those products complies with this Regulation as it had effect immediately before IP completion day.]

Textual Amendments

F323 Words in Art. 119(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, 46(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(18)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F324 Art. 119(3)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(16)

F325 Art. 119(4) inserted (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, 46(b) (as amended by S.I. 2019/1405, regs. 1(2), 5(4) and S.I. 2020/1453, reg. 9(18)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 120 U.K. Optional particulars

1. Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may, in particular, contain the following optional particulars:

(a) the vintage year;

(b) the name of one or more wine grape varieties;

(c) in the case of wines other than those referred to in point (g) of Article 119(1), terms indicating the sugar content;

(d) for wines with a protected designation of origin or a protected geographical indication, traditional terms in accordance with point (b) of Article 112;

(e) [F326 any symbol established by the Secretary of State under Article 12 of Regulation (EU) No 1151/2012] indicating the protected designation of origin or the protected geographical indication;

(f) terms referring to certain production methods;

(g) for wines bearing a protected designation of origin or a protected geographical indication, the name of another geographical unit that is smaller or larger than the area underlying the designation of origin or geographical indication.

[F327 2. Without prejudice to Article 100(3), in the case of wines without a protected designation of origin or a protected geographical indication, the information referred to in points (a) and (b) of paragraph 1 must be verified in accordance with guidance approved by each relevant authority and issued by the Secretary of State.]

Textual Amendments

F326 Words in Art. 120(1)(e) 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, 47(a); 2020 c. 1, Sch. 5 para. 1(1)

F327 Art. 120(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, 47(b) (as amended by S.I. 2019/812, reg. 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 121 U.K. Languages

1. The compulsory and optional particulars referred to in Articles 119 and 120 shall, where expressed in words, appear in [F328 English, and may also appear in another language].

2. Notwithstanding paragraph 1, the name of a protected designation of origin or a protected geographical indication or a traditional term as referred to in point (b) of Article 112 shall appear on the label in the language or languages for which the protection applies. In the case of a protected designation of origin or a protected geographical indication or a national specific designation using a non-Latin alphabet, the name may also appear in [F329 English, and may also appear in another language].

[F330 3. Paragraph 1 does not apply to any products imported into Great Britain before the end of the period of 21 months beginning on the day on which IP completion day falls if they comply with the requirements of this Article as it had effect immediately before IP completion day.]

Textual Amendments

F328 Words in Art. 121 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, 48(a) (as amended by S.I. 2019/812, reg. 4(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F329 Words in Art. 121 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, 48(aa) (as inserted by S.I. 2019/812, regs. 1, 4(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F330 Art. 121(3) inserted (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, 48(b) (as amended by S.I. 2020/1453, reg. 9(19)); 2020 c. 1, Sch. 5 para. 1(1)

Article 122 U.K. Delegated powers

1. In order to take into account the specific characteristics of the wine sector, the [F331 appropriate authority in England, Wales or Scotland may make regulations] concerning rules and restrictions on:

(a) the presentation and use of labelling particulars other than those provided for in this Section;

(b) compulsory particulars concerning:

(i)

terms to be used to formulate the compulsory particulars and their conditions of use;

(ii)

terms referring to a holding and the conditions for their use;

(iii)

F332 ...

(iv)

provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product; and

(v)

provisions on the use of languages;

(c) optional particulars concerning:

(i)

terms to be used to formulate the optional particulars and their conditions of use;

(ii)

F333 ...

(d) the presentation concerning:

(i)

the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes;

(ii)

the conditions of use of "sparkling wine"-type bottles and closures;

(iii)

F334 ...

(iv)

provisions on the use of languages.

2. In order to ensure the protection of the legitimate interests of operators, the [F335 appropriate authority in England, Wales or Scotland may make regulations] concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.

F336 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. In order to take account of the specific characteristics in trade between the [F337 United Kingdom] and certain third countries, the [F338 appropriate authority in England, Wales or Scotland may make regulations] concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

Textual Amendments

F331 Words in Art. 122(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F332 Art. 122(1)(b)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F333 Art. 122(1)(c)(ii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F334 Art. 122(1)(d)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F335 Words in Art. 122(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F336 Art. 122(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F337 Words in Art. 122(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F338 Words in Art. 122(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(d)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 123 U.K. Implementing powers in accordance with the examination procedure

The [F339 appropriate authority in England, Wales or Scotland may make regulations] laying down necessary measures concerning the procedures and technical criteria applicable to this Section, including the necessary measures for the certification, approval and verification procedures applicable to wines without a protected designation of origin or a protected geographical indication. F340 ...

Textual Amendments

F339 Words in Art. 123 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(6)(a) (as amended by S.I. 2020/1453, reg. 14(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F340 Words in Art. 123 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Specific provisions for individual sectors

Section 1 U.K. Sugar

F341 Article 124 U.K. Duration

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F341 Art. 124 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, 49; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 1 U.K. Specific measures

Article 125 U.K. Sugar sector agreements

1. The terms for buying sugar beet and sugar cane, including pre-sowing delivery contracts, shall be governed by written agreements within the trade concluded between, on the one hand, [F342 United Kingdom] growers of sugar beet and sugar cane or, on their behalf, the organisations of which they are members, and, on the other hand, [F342 United Kingdom] sugar undertakings or, on their behalf, the organisations of which they are members.

2. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall be notified by sugar undertakings to the competent [F343 authority].

3. From 1 October 2017, agreements within the trade shall conform to the purchase terms laid down in Annex X.

4. In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the [F344 Secretary of State may make regulations] to:

(a) update the terms referred to in Section A of Part II of Annex II [F345 so far as the terms apply in relation to a matter outside devolved competence];

(b) update the purchase terms for beet referred to in Annex X;

(c) lay down further rules on the determination of gross weight, tare and sugar content of sugar beet delivered to an undertaking, and on beet pulp.

[F346 In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the appropriate authority may make regulations to update the terms referred to in Section A of Part 2 of Annex 2 so far as the terms apply in relation to a matter that is not outside devolved competence.]

[F347 5. The Secretary of State may make regulations setting out the measures necessary for the application of this Article, including in respect of procedures, notifications and administrative assistance in the case of international agreements within the sugar trade.]

Textual Amendments

F342 Words in Art. 125(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, 50(a); 2020 c. 1, Sch. 5 para. 1(1)

F343 Word in Art. 125(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, 50(b); 2020 c. 1, Sch. 5 para. 1(1)

F344 Words in Art. 125(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F345 Words in Art. 125(4)(a) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F346 Words in Art. 125(4) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(7); 2020 c. 1, Sch. 5 para. 1(1)

F347 Art. 125(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 126 U.K. Price reporting in the sugar market

The [F348 appropriate authority may make regulations] establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

F349 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The [F350 appropriate authority] shall ensure that specific prices or names of individual economic operators are not published.

Textual Amendments

F348 Words in Art. 126 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F349 Words in Art. 126 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F350 Words in Art. 126 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(b); 2020 c. 1, Sch. 5 para. 1(1)

Subsection 2 U.K. Requirements applying to the sugar sector during the period referred to in article 124

F351 Article 127 U.K. Delivery contracts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 128 U.K. Production charge

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 129 U.K. Production refund

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 130 U.K. Withdrawal of sugar

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 131 U.K. Temporary market management mechanism

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 132 U.K. Delegated powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 133 U.K. Implementing powers in accordance with the examination procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 3 U.K. System of production regulation

F351 Article 134 U.K. Quotas in the sugar sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 135 U.K. Minimum beet price

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 136 U.K. Quota allocation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 137 U.K. Approved undertakings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 138 U.K. National quota reallocation and reduction of quotas

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 139 U.K. Out-of-quota production

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 140 U.K. Industrial sugar

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 141 U.K. Carry-forward of surplus sugar

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 142 U.K. Surplus levy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 143 U.K. Delegated powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

F351 Article 144 U.K. Implementing powers in accordance with the examination procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Wine

F351 Article 145 U.K. Vineyard register and inventory of production potential

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F351 Arts. 127-145 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, 51; 2020 c. 1, Sch. 5 para. 1(1)

Article 146 U.K. Competent national authorities for the wine sector

1. Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, [F352 the Secretary of State] shall designate one or more authorities which shall be responsible for ensuring compliance with F353 ... rules in the wine sector. In particular, [F352 the Secretary of State] shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall satisfy the general criteria for the operation of testing laboratories set out in ISO/IEC 17025. [F354 Any designation under this paragraph must be agreed by the relevant authorities for Wales, Scotland and Northern Ireland.]

[F355 2. The Secretary of State shall publish the names and addresses of the authorities and laboratories referred to in paragraph 1 and shall update them periodically.]

Textual Amendments

F352 Words in Art. 146(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, 52(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F353 Word in Art. 146(1) 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, 52(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F354 Words in Art. 146(1) inserted (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, 52(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F355 Art. 146(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, 52(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 147 U.K. Accompanying documents and register

F356 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers, processors and merchants, shall keep inward and outward registers in respect of those products.

3. In order to facilitate [F357 the verification of wine products] by [F358 competent authorities, the Secretary of State may make regulations] on:

F359 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications;

(c) an obligation to keep a register and its use;

(d) who is obliged to keep a register and exemptions from that obligation;

(e) the operations to be included in the register.

4. The [F360 Secretary of State may make regulations] establishing:

(a) rules on the composition of the registers, the products to be contained therein, deadlines for entries in registers and the closures of registers;

(b) F361 ... the maximum acceptable percentages for losses;

(c) general and transitional provisions for the keeping of registers;

(d) rules determining how long accompanying documents and the registers are to be kept.

F362 ...

Textual Amendments

F356 Art. 147(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(6)(a)

F357 Words in Art. 147(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(6)(b)(i)

F358 Words in Art. 147(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(a); 2020 c. 1, Sch. 5 para. 1(1)

F359 Art. 147(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(6)(b)(ii)

F360 Words in Art. 147(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F361 Words in Art. 147(4)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F362 Words in Art. 147(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Milk and milk products

Article 148 U.K. Contractual relations in the milk and milk products sector

1. Where a [F363 the Secretary of State] decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2.

Where a [F363 the Secretary of State] decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, [F364 the Secretary of State] shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors.

For the purposes of this Article, a "collector" means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

[F365 1a. Where [F366 the Secretary of State does] not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.]

[F114 2. The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:]

(a) be made in advance of the delivery,

(b) be made in writing, and

(c) include, in particular, the following elements:

(i)

the price payable for the delivery, which shall:

• be static and be set out in the contract, and/or

• be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered,

(ii)

the volume of raw milk which may and/or must be delivered and the timing of such deliveries,

(iii)

the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

(iv)

details regarding payment periods and procedures,

(v)

arrangements for collecting or delivering raw milk, and

(vi)

rules applicable in the event of force majeure.

[F114 3. By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.]

4. All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.

[F114 Notwithstanding the first subparagraph, one or more of the following shall apply:

(a) where [F367 the Secretary of State] decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, [F368 the Secretary of State] may establish:

(i)

an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery;

(ii)

a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;]

(b) where [F367 the Secretary of State] decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, [F368 the Secretary of State] may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

F369 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F370 6. The Secretary of State may make regulations setting out measures necessary for the uniform application of points (a) and (b) of paragraph 2, and paragraph 3, of this Article.]

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F363 Words in Art. 148(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F364 Words in Art. 148(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F365 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F366 Words in Art. 148(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(b); 2020 c. 1, Sch. 5 para. 1(1)

F367 Words in Art. 148(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F368 Words in Art. 148(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F369 Art. 148(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(d); 2020 c. 1, Sch. 5 para. 1(1)

F370 Art. 148(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 149 U.K. Contractual negotiations in the milk and milk products sector

[F114 1. A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1).]

2. The negotiations by the producer organisation may take place:

(a) whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

(b) whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

(c) provided that, for a particular producer organisation, all of the following conditions are fulfilled:

(i)

F371 ...

(ii)

the volume of raw milk covered by such negotiations which is produced in [F372 the United Kingdom does not exceed 33% of total production in the United Kingdom], and

(iii)

the volume of raw milk covered by such negotiations which is delivered in [F373 the United Kingdom does not exceed 33% of total production in the United Kingdom];

(d) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, [F374 the Secretary of State] may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

(e) provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

(f) provided that the producer organisation notifies the [F375 Competition and Markets Authority] of the volume of raw milk covered by such negotiations.

F376 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. For the purposes of this Article, references to producer organisations include associations of such producer organisations.

F377 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. By way of derogation from point (c) of paragraph 2 F378 ..., even where the thresholds set out therein are not exceeded, the [F379 Competition and Markets Authority] may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.

F380 ...

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

7. For the purposes of this Article:

F381 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a "SME" means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

F382 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F371 Art. 149(2)(c)(i) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F372 Words in Art. 149(2)(c)(ii) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F373 Words in Art. 149(2)(c)(iii) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F374 Words in Art. 149(2)(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F375 Words in Art. 149(2)(f) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F376 Art. 149(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(b); 2020 c. 1, Sch. 5 para. 1(1)

F377 Art. 149(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(c); 2020 c. 1, Sch. 5 para. 1(1)

F378 Words in Art. 149(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(i)(aa) (as substituted by S.I. 2019/1403, regs. 1, 2(3)); 2020 c. 1, Sch. 5 para. 1(1)

F379 Words in Art. 149(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(i)(bb) (as substituted by S.I. 2019/1403, regs. 1, 2(3)); 2020 c. 1, Sch. 5 para. 1(1)

F380 Words in Art. 149(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F381 Art. 149(7)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(e); 2020 c. 1, Sch. 5 para. 1(1)

F382 Art. 149(8) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(f); 2020 c. 1, Sch. 5 para. 1(1)

F383 Article 150 U.K. Regulation of supply for cheese with a protected designation of origin or protected geographical indication

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383 Art. 150 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 10; 2020 c. 1, Sch. 5 para. 1(1)

Article 151 U.K. Compulsory declarations in the milk and milk products sector

From 1 April 2015, the first purchasers of raw milk shall declare to the [F384 Secretary of State] the quantity of raw milk that has been delivered to them each month.

For the purposes of this Article and Article 148, a "first purchaser" means an undertaking or group which buys milk from producers in order to:

(a)

subject it to collecting, packing, storing, chilling or processing, including under a contract;

(b)

sell it to one or more undertakings treating or processing milk or other milk products.

F385 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F386 The Secretary of State may make regulations setting out rules on the content, format and timing of declarations under this Article.]

Textual Amendments

F384 Words in Art. 151 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 11(a); 2020 c. 1, Sch. 5 para. 1(1)

F385 Words in Art. 151 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 11(b); 2020 c. 1, Sch. 5 para. 1(1)

F386 Words in Art. 151 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(8); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. Producer organisations and associations and interbranch organisations

Section 1 U.K. Definition and recognition

Article 152 U.K. Producer organisations

1. [F387 The Secretary of State] may, on request, recognise producer organisations, which:

(a) are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

[F114 (b) are formed on the initiative of the producers and which carry out at least one of the following activities:

(i)

joint processing;

(ii)

joint distribution, including by joint selling platforms or joint transportation;

(iii)

joint packaging, labelling or promotion;

(iv)

joint organising of quality control;

(v)

joint use of equipment or storage facilities;

(vi)

joint management of waste directly related to the production;

(vii)

joint procurement of inputs;

(viii)

any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;]

(c) pursue a specific aim which may include at least one of the following objectives:

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii)

concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

(iii)

optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

(iv)

carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

(v)

promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

(vi)

promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

(vii)

the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;

(viii)

contributing to a sustainable use of natural resources and to climate change mitigation;

(ix)

developing initiatives in the area of promotion and marketing;

(x)

[X1 managing of the mutual funds referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013;]

(xi)

providing the necessary technical assistance for the use of the futures markets and of insurance schemes.

[F365 1a. By way of derogation from [F388 section 2(1) of the Competition Act 1998], a producer organisation recognised under paragraph 1 of this Article may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production.

The activities referred to in the first subparagraph may take place:

(a) provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised F389 ...;

(b) provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;

(c) whether or not the price negotiated is the same as regards the aggregate production of some or all of the members;

(d) provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph;

(e) provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes.

However, [F390 nothing in this Regulation prevents the Secretary of State from providing that the condition set out in point (d) of the second subparagraph does not apply] in duly justified cases where producer members hold two distinct production units located in different geographical areas.

1b. For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article.

1c. The [F391 Competition and Markets Authority] may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

F392 ...

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.]

2. A producer organisation recognised under paragraph 1 may continue to be recognised if it engages in the marketing of products falling within CN code ex 2208 other than those referred to in Annex I to the Treaties, provided that the proportion of such products does not exceed 49 % of the total value of marketed production of the producer organisation and that such products do not benefit from [F393 public funding]. Those products do not count, for producer organisations in the fruit and vegetables sector, towards the calculation of the value of marketed production for the purposes of Article 34(2).

F394 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F365 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F387 Words in Art. 152(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F388 Words in Art. 152(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F389 Words in Art. 152(1a)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F390 Words in Art. 152(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F391 Words in Art. 152(1c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F392 Words in Art. 152(1c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F393 Words in Art. 152(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(d); 2020 c. 1, Sch. 5 para. 1(1)

F394 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

Article 153 U.K. Statutes of producer organisations

1. The statutes of a producer organisation shall require its producer members, in particular, to:

(a) apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

(b) be members of only one producer organisation for any given product of the holding; however [F395 nothing in this Regulation prevents the Secretary of State from providing that this condition does not apply] in duly justified cases where producer members hold two distinct production units located in different geographical areas;

(c) provide the information requested by the producer organisation for statistical purposes.

2. The statutes of a producer organisation shall also provide for:

(a) procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1;

(b) the imposition on members of financial contributions needed to finance the producer organisation;

(c) rules enabling the producer members to scrutinise democratically their organisation and its decisions;

(d) penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

(e) rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

(f) the accounting and budgetary rules necessary for the operation of the organisation.

3. Paragraphs 1 and 2 shall not apply to producer organisations in the milk and milk products sector.

Textual Amendments

F395 Words in Art. 153(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 13; 2020 c. 1, Sch. 5 para. 1(1)

Article 154 U.K. Recognition of producer organisations

1. In order to be recognised by [F396 the Secretary of State], the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which:

(a) fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);

(b) has a minimum number of members and/or covers a minimum volume or value of marketable production, [F397 as laid down by the Secretary of State], in the area where it operates;

(c) provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;

(d) has statutes that are consistent with points (a), (b) and (c) of this paragraph.

[F365 1a. [F398 The Secretary of State] may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.]

[F399 2. A producer organisation is deemed to be recognised pursuant to Article 152 if the Secretary of State made a decision to deem such recognition prior to exit day.]

F400 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F401 The Secretary of State ] shall:

(a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F402 ...

(b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;

(c) in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

F403 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F365 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F396 Words in Art. 154(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F397 Words in Art. 154(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F398 Words in Art. 154(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)

F399 Art. 154(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(c); 2020 c. 1, Sch. 5 para. 1(1)

F400 Art. 154(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(d); 2020 c. 1, Sch. 5 para. 1(1)

F401 Words in Art. 154(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F402 Words in Art. 154(4)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F403 Art. 154(4)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 155 U.K. Outsourcing

[F404 The Secretary of State] may permit a recognised producer organisation or a recognised association of producer organisations in the sectors specified F405 ... in accordance with point (f) of Article 173(1) to outsource any of its activities other than production, including to subsidiaries, provided that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the carrying out of the activity.

Textual Amendments

F404 Words in Art. 155 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 15(a); 2020 c. 1, Sch. 5 para. 1(1)

F405 Words in Art. 155 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 15(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 156 U.K. Associations of producer organisations

1. [F406 The Secretary of State] may, on request, recognise associations of producer organisations in a specific sector listed in Article 1(2) which are formed at the initiative of recognised producer organisations.

Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of producer organisations.

2. By way of derogation from paragraph 1, [F407 Secretary of State] may, on request, recognise an association of recognised producer organisations in the milk and milk products sector if the [F408 Secretary of State] considers that the association is capable of carrying out effectively any of the activities of a recognised producer organisation, and that it fulfils the conditions laid down in Article 161(1).

Textual Amendments

F406 Words in Art. 156(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 16(a); 2020 c. 1, Sch. 5 para. 1(1)

F407 Words in Art. 156(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 16(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F408 Words in Art. 156(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 16(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 157 U.K. Interbranch organisations

1. [F409 The Secretary of State] may, on request, recognise interbranch organisations in a specific sector listed in Article 1(2) which:

(a) are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors;

(b) are formed on the initiative of all or some of the organisations or associations which constitute them;

(c) pursue a specific aim taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives:

(i)

improving knowledge and the transparency of production and the market, including by publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or international level;

(ii)

forecasting of production potential, and recording public market prices;

(iii)

helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies;

(iv)

exploring potential export markets;

(v)

without prejudice to Articles 148 and 168, drawing up standard forms of contract F410 ... for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

(vi)

exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation;

(vii)

providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment;

(viii)

seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare;

(ix)

developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing;

(x)

taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications;

(xi)

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

(xii)

encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns;

(xiii)

promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets;

(xiv)

contributing to the management of by-products and the reduction and management of waste[F114 ;]

(xv)

[F365 establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them;

(xvi)

implementing measures to prevent and manage animal health, plant-protection and environmental risks.]

[F365 1a. [F411 The Secretary of State] may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 and, where applicable, paragraph 3 for each sector for which it seeks recognition.]

F412 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. By way of derogation from paragraph 1, as regards the milk and milk products sector, [F413 the Secretary of State] may recognise interbranch organisations which:

(a) have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products of the milk and milk products sector;

(b) are formed on the initiative of all or some of the representatives referred to in point (a);

(c) carry out, F414 ..., taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the following activities:

(i)

improving the knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional, national and international level;

(ii)

helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies;

(iii)

promoting consumption of, and providing information on, milk and milk products in both internal and external markets;

(iv)

exploring potential export markets;

(v)

drawing up standard forms of contract F415 ... for the sale of raw milk to purchasers or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

(vi)

providing the information and carrying out the research necessary to adjust production in favour of products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment;

(vii)

maintaining and developing the production potential of the dairy sector, inter alia, by promoting innovation and supporting programmes for applied research and development in order to exploit the full potential of milk and milk products, especially in order to create products with added value which are more attractive to the consumer;

(viii)

seeking ways of restricting the use of animal health products, improving the management of other inputs and enhancing food safety and animal health;

(ix)

developing methods and instruments for improving product quality at all stages of production and marketing;

(x)

exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications; F394 ...

(xi)

promoting integrated production or other environmentally sound production methods[F114 ;]

(xii)

[F365 establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them; and

(xiii)

implementing measures to prevent and manage animal health, plant-protection and environmental risks.]

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F365 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F394 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F409 Words in Art. 157(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F410 Words in Art. 157(1)(c)(v) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F411 Words in Art. 157(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(b); 2020 c. 1, Sch. 5 para. 1(1)

F412 Art. 157(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(c); 2020 c. 1, Sch. 5 para. 1(1)

F413 Words in Art. 157(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F414 Words in Art. 157(3)(c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F415 Words in Art. 157(3)(c)(v) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Article 158 U.K. Recognition of interbranch organisations

1. [F416 The Secretary of State ] may recognise interbranch organisations applying for such recognition, provided that they:

(a) fulfil the requirements laid down in Article 157;

(b) carry out their activities in one or more regions in the [F417 United Kingdom];

(c) account for a significant share of the economic activities referred to in point (a) of Article 157(1);

(d) with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade.

F418 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F418 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F418 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Where [F419 the Secretary of State recognises] an interbranch organisation in accordance with paragraph 1 or 2, [F420 the Secretary of State must]:

(a) decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; F421 ...

(b) carry out, at intervals to be determined by [F422 the Secretary of State], checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations [F423 any applicable penalties] and, if necessary, decide whether recognition should be withdrawn;

(d) withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

F424 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F416 Words in Art. 158(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F417 Words in Art. 158(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F418 Art. 158(2)-(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(b); 2020 c. 1, Sch. 5 para. 1(1)

F419 Words in Art. 158(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(i)(aa) (as substituted by S.I. 2019/1403, regs. 1, 2(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F420 Words in Art. 158(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(i)(bb) (as substituted by S.I. 2019/1403, regs. 1, 2(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F421 Words in Art. 158(5)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F422 Words in Art. 158(5)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(iia) (as inserted by S.I. 2019/1403, regs. 1, 2(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F423 Words in Art. 158(5)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F424 Art. 158(5)(e) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Additional rules for specific sectors

Article 159 U.K. [F114 Mandatory recognition]

By way of derogation from Articles 152 to 158, [F425 the Secretary of State] shall, on request, recognise:

(a)

producer organisations in:

(i)

the fruit and vegetables sector in respect of one or more products of that sector and/or such products solely intended for processing,

(ii)

F426 ...

(iii)

F426 ...

(iv)

the hops sector;

(b)

F427 ...

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F425 Words in Art. 159 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 19(a) (as substituted by S.I. 2019/1403, regs. 1, 2(5)); 2020 c. 1, Sch. 5 para. 1(1)

F426 Art. 159(a)(ii)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 19(b) (as substituted by S.I. 2019/1403, regs. 1, 2(5)); 2020 c. 1, Sch. 5 para. 1(1)

F427 Art. 159(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 19(b) (as substituted by S.I. 2019/1403, regs. 1, 2(5)); 2020 c. 1, Sch. 5 para. 1(1)

Article 160 U.K. Producer organisations in the fruit and vegetables sector

In the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points (c)(i), (ii) and (iii) of Article 152(1).

The statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to market their entire production concerned through the producer organisation.

Producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference.

Article 161 U.K. Recognition of producer organisations in the milk and milk products sector

[F114 1. [F428 The Secretary of State] shall, on request, recognise as producer organisations in the milk and milk products sector all legal entities or clearly defined parts of such entities, provided that:

(a) they are constituted by producers in the milk and milk products sector, are formed on their initiative and pursue a specific aim which may include one or more of the following objectives:

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii)

concentration of supply and the placing on the market of the products produced by their members;

(iii)

optimising production costs and stabilising producer prices;]

(b) they have a minimum number of members and/or cover a minimum volume of marketable production, [F429 as laid down by the Secretary of State], in the area where they operate;

(c) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply;

(d) they have statutes that are consistent with points (a), (b) and (c) of this paragraph.

F430 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F431 The Secretary of State] shall:

(a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F432 ...

(b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations and associations of producer organisations are complying with the provisions of this Chapter;

(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties that they have laid down and, if necessary, decide whether recognition should be withdrawn;

F433 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F428 Words in Art. 161(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F429 Words in Art. 161(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F430 Art. 161(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(b); 2020 c. 1, Sch. 5 para. 1(1)

F431 Words in Art. 161(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F432 Words in Art. 161(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F433 Art. 161(3)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F434 Article 162 U.K. Interbranch organisations in the olive oil and table olives and tobacco sectors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F434 Art. 162 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 21; 2020 c. 1, Sch. 5 para. 1(1)

Article 163 U.K. Recognition of interbranch organisations in the milk and milk products sector

1. [F435 The Secretary of State] may recognise interbranch organisations in the milk and milk products sector provided that such organisations:

(a) fulfil the requirements laid down in Article 157(3);

(b) carry out their activities in one or more regions in the [F436 United Kingdom];

(c) account for a significant share of the economic activities referred to in point (a) of Article 157(3);

(d) do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.

F437 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Where [F438 the Secretary of State makes] use of the option to recognise an interbranch organisation in accordance with paragraph 1 [F439 , the Secretary of State must]:

(a) decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F440 ...

(b) carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

(d) withdraw recognition if:

(i)

the requirements and conditions for recognition laid down in this Article are no longer fulfilled;

(ii)

the interbranch organisation takes part in any of the agreements, decisions and concerted practices referred to in Article 210(4); such withdrawal of recognition shall be without prejudice to any other penalties to be imposed pursuant to national law;

(iii)

the interbranch organisation fails to comply with the notification obligation referred to in point (a) of the first subparagraph of Article 210(2);

F441 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F435 Words in Art. 163(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F436 Words in Art. 163(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F437 Art. 163(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(b); 2020 c. 1, Sch. 5 para. 1(1)

F438 Words in Art. 163(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(i)(aa) (as amended by S.I. 2019/1403, reg. 2(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F439 Words in Art. 163(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(i)(bb) (as substituted by S.I. 2019/1403, regs. 1, 2(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F440 Words in Art. 163(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F441 Art. 163(3)(e) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Extension of rules and compulsory contributions

F442 Article 164 U.K. Extension of rules

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F442 Art. 164 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 23; 2020 c. 1, Sch. 5 para. 1(1)

F443 Article 165 U.K. Financial contributions of non-members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F443 Art. 165 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 23; 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Adjustment of supply

Article 166 U.K. Measures to facilitate the adjustment of supply to market requirements

In order to encourage action by the organisations referred to in Articles 152 to 163 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the [F444 appropriate authority may make regulations] concerning measures in the sectors listed in Article 1(2):

(a)

improving quality;

(b)

promoting better organisation of production, processing and marketing;

(c)

facilitating the recording of market price trends;

(d)

permitting the establishment of short and long-term forecasts on the basis of the means of production used.

Textual Amendments

F444 Words in Art. 166 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 167 U.K. Marketing rules to improve and stabilise the operation of the common market in wines

1. [F445 Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland, from laying] down marketing rules to regulate supply, particularly by way of decisions taken by interbranch organisations recognised under Articles 157 and 158. [F446 Any such rules must be made with a view to improving and stabilising the operation of the market in wines, including the grapes, musts and wines from which they derive.]

Such rules shall be proportionate to the objective pursued and shall not:

(a) relate to any transaction after the first marketing of the produce concerned;

(b) allow for price fixing, including where prices are set for guidance or recommendation;

(c) render unavailable an excessive proportion of the vintage that would otherwise be available;

(d) provide scope for refusing to issue the F447 ... certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

F448 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F448 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F445 Words in Art. 167(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, 54(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F446 Words in Art. 167(1) inserted (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, 54(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F447 Words in Art. 167(1)(d) 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, 54(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F448 Art. 167(2)(3) 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, 54(b); 2020 c. 1, Sch. 5 para. 1(1)

[F117 Article 167a U.K. Marketing rules to improve and stabilise the operation of the common market in olive oils

1. In order to improve and stabilise the operation of the common market in olive oils, including the olives from which they derive, producer Member States may lay down marketing rules to regulate supply.

Such rules shall be proportionate to the objective pursued and shall not:

(a) relate to any transaction after the first marketing of the produce concerned;

(b) allow for price fixing, including where prices are set for guidance or recommendation;

(c) render unavailable an excessive proportion of the production of the marketing year that would otherwise be available.

2. The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.

3. Member States shall notify the Commission of any decisions taken under this Article.]

Textual Amendments

F117 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

Section 5 U.K. Contract systems

Article 168 U.K. Contractual relations

1. Without prejudice to Article 148 concerning the milk and milk products sector and Article 125 concerning the sugar sector, if [F449 the Secretary of State] decides, in respect of agricultural products from a sector listed in Article 1(2), other than milk and milk products and sugar:

(a) that every delivery in [F450 the United Kingdom] of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or

(b) that the first purchasers must make a written offer for a contract for the delivery in [F450 the United Kingdom] of those agricultural products by the producer,

such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article.

[F365 1a. Where [F451 the Secretary of State does] not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation or an association of producer organisations, in respect of agricultural products in a sector referred to in Article 1(2) other than the milk, milk products and sugar sector, may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in paragraph 4 and in the first subparagraph of paragraph 6 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.]

2. Where the [F452 Secretary of State] decides that deliveries of the products covered by this Article by a producer to a processor must be covered by a written contract between the parties, [F453 the Secretary of State] shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries.

[F454 The Secretary of State must ensure that any provisions made] under this Article do not impair the proper functioning of the [F455 market in the United Kingdom].

3. In the case described in paragraph 2, the [F456 Secretary of State] may establish a mediation mechanism to cover cases in which there is no mutual agreement to conclude such a contract, thereby ensuring fair contractual relations.

[F114 4. Any contract or offer for a contract referred to in paragraphs 1 and 1a shall:]

(a) be made in advance of the delivery;

(b) be made in writing; and

(c) include, in particular, the following elements:

(i)

the price payable for the delivery, which shall:

• be static and be set out in the contract, and/or

• be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered,

(ii)

the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries,

(iii)

the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses,

(iv)

details regarding payment periods and procedures,

(v)

arrangements for collecting or delivering the agricultural products, and

(vi)

rules applicable in the event of force majeure.

[F114 5. By way of derogation from paragraphs 1 and 1a, a contract or an offer for a contract shall not be required where the products concerned are delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 4.]

6. All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in point (c) of paragraph 4, shall be freely negotiated between the parties.

Notwithstanding the first subparagraph, one or both of the following shall apply:

(a) where [F457 the Secretary of State] decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, [F458 the Secretary of State] may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the [F459 market in the United Kingdom];

(b) where [F457 the Secretary of State] decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, [F458 the Secretary of State] may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the [F459 market in the United Kingdom].

The second subparagraph shall be without prejudice to the producer's right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in point (c) of paragraph 4.

[F460 7. The Secretary of State must ensure that any provisions made to implement the options referred to in this Article do not impair the proper functioning of the market in the United Kingdom.]

[F461 8. The Secretary of State may make regulations setting out the measures necessary for the uniform application of points (a) and (b) of paragraph 4, and paragraph 5, of this Article.]

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F365 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F449 Words in Art. 168(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F450 Words in Art. 168(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F451 Words in Art. 168(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(b); 2020 c. 1, Sch. 5 para. 1(1)

F452 Words in Art. 168(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F453 Words in Art. 168(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F454 Words in Art. 168(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F455 Words in Art. 168(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F456 Words in Art. 168(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(d); 2020 c. 1, Sch. 5 para. 1(1)

F457 Words in Art. 168(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F458 Words in Art. 168(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F459 Words in Art. 168(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F460 Art. 168(7) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(f); 2020 c. 1, Sch. 5 para. 1(1)

F461 Art. 168(8) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F394 Article 169 U.K. [F394 Contractual negotiations in the olive oil sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F394 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F394 Article 170 U.K. Contractual negotiations in the beef and veal sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F394 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F394 Article 171 U.K. Contractual negotiations for certain arable crops]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F394 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F462 Article 172 U.K. Regulation of supply for ham with a protected designation of origin or protected geographical indication

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F462 Art. 172 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, 55; 2020 c. 1, Sch. 5 para. 1(1)

[F365 Section 5a U.K. Value-sharing clauses

Article 172a U.K. Value-sharing

Without prejudice to any specific value-sharing clauses in the sugar sector, farmers, including associations of farmers, and their first purchaser may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices for the products concerned or other commodity markets is to be allocated between them.]

Section 6 U.K. Procedural rules

Article 173 U.K. Delegated powers

1. In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations and associations without resulting in undue administrative burden and without undermining the principle of freedom of association in particular toward non-members of such organisations, the [F463 Secretary of State may make regulations] concerning the following matters regarding producer organisations, associations of producer organisations, and interbranch organisations for one or more of the sectors referred to in Article 1(2), or specific products of those sectors:

(a) the specific aims which may, must or must not be pursued by such organisations and associations and, where applicable, added to those laid down in Articles 152 to 163;

(b) the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including derogations from the obligation to market the entire production through the producer organisation referred to in the second paragraph of Article 160, the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers;

(c) the conditions for recognition, withdrawal and suspension of recognition, the effects deriving from recognition, withdrawal and suspension of recognition as well as requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria;

(d) transnational organisations and associations including the rules referred to in points (a), (b) and (c) of this paragraph;

(e) rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation;

[X1 (f) the sectors to which Article 155 applies, the conditions for the outsourcing of activities, the nature of activities that may be outsourced and the provision of technical means by organisations or associations;]

(g) the basis for the calculation of minimum volume or value of marketable production of organisations and associations;

(h) the acceptance of members who are not producers in the case of producer organisations and who are not producer organisations in the case of associations of producer organisations;

(i) the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165 including the use and allocation of that payment by those organisations and a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 164(4), while ensuring that such organisations are transparent and accountable toward non-members and that members of such organisations do not enjoy a more favourable treatment than non-members, in particular as to the use of the compulsory payment of subscriptions;

(j) further requirements as regards representativeness of the organisations referred to in Article 164, the economic areas concerned, including [F464 scrutiny by the Secretary of State] of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the [F465 Secretary of State] may require that the extension of rules or compulsory contributions be refused or withdrawn.

2. By way of derogation from paragraph 1, in order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations and interbranch organisations in the milk and milk products sector are clearly defined, so as to contribute to the effectiveness of the actions of such organisations without imposing an undue burden, the [F466 Secretary of State may make regulations setting out]:

(a) the conditions for recognising transnational producer organisations and transnational associations of producer organisations;

(b) rules relating to the establishment and the conditions of administrative assistance to be given to producer organisations, including associations of producer organisations by the relevant competent authorities in the case of transnational cooperation;

(c) additional rules regarding the calculation of the volume of raw milk covered by the negotiations referred to in point (c) of Article 149(2) and Article 149(3);

(d) rules concerning the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165.

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F463 Words in Art. 173(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F464 Words in Art. 173(1)(j) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F465 Words in Art. 173(1)(j) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F466 Words in Art. 173(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 174 U.K. Implementing powers in accordance with the examination procedure

1. The [F467 Secretary of State may make regulations setting out] the measures necessary for the application of this Chapter, in particular:

(a) measures for the implementation of the conditions for recognition of producer organisations and interbranch organisations set out in Articles 154 and 158;

(b) procedures in the event of a merger of producer organisations;

(c) [F468 provision about] the minimum size and minimum membership period;

(d) procedures relating to the extension of rules and financial contributions as referred to in Articles 164 and 165, in particular the implementation of the concept of "economic area" referred to in Article 164(2);

(e) procedures relating to administrative assistance;

(f) procedures relating to the outsourcing of activities;

F469 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F470 ...

[F471 The appropriate authority may make regulations laying down procedures and technical conditions as regards the implementation of the measures referred to in Article 166.]

2. By way of derogation from paragraph 1, as regards the milk and the milk product sector, the [F472 Secretary of State may make regulations] laying down detailed rules necessary for:

(a) the implementation of the conditions for recognition of producer organisations and their associations and interbranch organisations set out in Articles 161 and 163;

(b) the notification referred to in point (f) of Article 149(2);

F473 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the procedures relating to administrative assistance in the case of transnational cooperation.

F474 ...

Textual Amendments

F467 Words in Art. 174(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F468 Words in Art. 174(1)(c) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F469 Art. 174(1)(g) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F470 Words in Art. 174(1) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F471 Words in Art. 174(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(9); 2020 c. 1, Sch. 5 para. 1(1)

F472 Words in Art. 174(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F473 Art. 174(2)(c) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F474 Words in Art. 174(2) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F475 Article 175 U.K. Other implementing powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F475 Art. 175 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, 56; 2020 c. 1, Sch. 5 para. 1(1)

PART III U.K. TRADE WITH THIRD COUNTRIES

CHAPTER I U.K. Import and export licences

Article 176 U.K. General rules

1. Without prejudice to cases where import or export licences are required in accordance with this Regulation, the import for release into free circulation into, or the export of one or more products of the following sectors from, the [F476 United Kingdom] may be made subject to the presentation of a licence:

(a) cereals;

(b) rice;

(c) sugar;

(d) seeds;

(e) olive oil and table olives, with regard to products falling within CN codes 1509, 1510 00, 0709 92 90, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39;

(f) flax and hemp, as far as hemp is concerned;

(g) fruit and vegetables;

(h) processed fruit and vegetables;

(i) bananas;

(j) wine;

(k) live plants;

(l) beef and veal;

(m) milk and milk products;

(n) pigmeat;

(o) sheepmeat and goatmeat;

(p) eggs;

(q) poultrymeat;

(r) ethyl alcohol of agricultural origin.

[F477 2. Without prejudice to the application of Articles 177, 178 and 179 of this Regulation, the Secretary of State must issue licences to any applicant established in the United Kingdom.]

3. Licences shall be valid throughout the [F478 United Kingdom].

Textual Amendments

F476 Words in Art. 176(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 25(a); 2020 c. 1, Sch. 5 para. 1(1)

F477 Art. 176(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 25(b); 2020 c. 1, Sch. 5 para. 1(1)

F478 Words in Art. 176(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 25(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 177 U.K. Delegated powers

1. In order to take into account the international obligations of the [F479 United Kingdom] and the applicable F480 ... social, environmental and animal welfare standards, the need to monitor the evolution of trade and market developments, of imports and exports of products, the need for sound market management and the need to reduce the administrative burden, the [F481 Secretary of State may make regulations] determining:

(a) the list of the products of the sectors referred to in Article 176(1) subject to the presentation of an import or export licence;

(b) the cases and situations where the presentation of an import or export licence is not required, taking account of the customs status of the products concerned, the trade arrangements to be respected, the purposes of operations, the legal status of the applicant and the quantities involved.

2. In order to provide further elements of the licence system, the [F482 Secretary of State may make regulations] laying down rules on:

(a) the rights and obligations deriving from the licence, its legal effects, and the cases where a tolerance applies as regards compliance with the obligation to import or export the quantity mentioned in the licence or where the origin is to be indicated in the licence;

(b) the issue of an import licence or the release into free circulation being subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products;

(c) the transfer of the licence or restrictions on its transferability;

(d) additional conditions for import licences for hemp in accordance with Article 189 F483 ...;

(e) the cases and situations where the lodging of a security guaranteeing that the products are imported or exported within the period of validity of the licence is or is not required.

Textual Amendments

F479 Words in Art. 177(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F480 Word in Art. 177(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F481 Words in Art. 177(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F482 Words in Art. 177(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F483 Words in Art. 177(2)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 178 U.K. Implementing powers in accordance with the examination procedure

The [F484 Secretary of State may make regulations] laying down the measures necessary for the application of this Chapter, including rules on:

(a)

the format and content of the licence;

(b)

the submission of applications and the issuing of licences and their use;

(c)

the period of validity of the licence,

(d)

the procedures for, and the amount of, a security to be lodged;

(e)

the proof that the requirements for the use of licences have been fulfilled;

(f)

the level of the tolerance as regards the respect of the obligation to import or export the quantity mentioned in the licence;

(g)

the issue of replacement licences and duplicate licences;

(h)

F485 ...

F486 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F484 Words in Art. 178 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F485 Words in Art. 178(h) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F486 Words in Art. 178 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 179 U.K. Other implementing powers

The [F487 Secretary of State may make regulations]:

(a)

limiting the quantities for which licences may be issued;

(b)

rejecting the quantities applied for;

(c)

suspending the submission of applications in order to manage the market where large quantities are applied for.

F488 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F487 Words in Art. 179 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F488 Words in Art. 179 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F489 Article 179A U.K. Regulations

1. The Secretary of State may not make regulations under Articles 177, 178 or 179 without the consent of:

(a) where the subject matter is within devolved competence in relation to Wales, the Welsh Ministers;

(b) where the subject matter is within devolved competence in relation to Scotland, the Scottish Ministers;

(c) where the subject matter is within devolved competence in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

2 Where any of the parties mentioned in paragraph 1(a) to (c) requests that the Secretary of State make regulation under Articles 177, 178 or 179, the Secretary of State must have regard to that request where the subject matter of the requested regulations is within devolved competence in relation to the relevant constituent nation.]

Textual Amendments

F489 Art. 179A inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(13); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Import duties

Article 180 U.K. Implementation of international agreements and certain other acts

The Commission shall adopt implementing acts laying down measures to comply with requirements laid down in international agreements which have been concluded in accordance with the TFEU or in any other relevant act adopted in accordance with Article 43(2) or Article 207 TFEU or the Common Customs Tariff as regards the calculation of import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 181 U.K. Entry price system for certain products of the fruit and vegetables, processed fruit and vegetables and wine sectors

[X1 1. For the application of the Common Customs Tariff duty rate for products of the fruit and vegetables and processed fruit and vegetables sectors and for grape juice and musts, the entry price of a consignment shall be equal to its customs value calculated in accordance with Council Regulation (EEC) No 2913/92(10) (the Customs Code) and Commission Regulation (EEC) No 2454/93(11).]

2. In order to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to provide that the veracity of the declared entry price of a consignment is to be checked using a flat-rate import value, and to provide the conditions under which the lodging of a security is required.

3. The Commission shall adopt implementing acts establishing rules for the calculation of the flat-rate import value referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Article 182 U.K. Additional import duties

1. The Commission may adopt implementing acts determining the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:

(a) the imports are made at a price below the level notified by the Union to the WTO (the trigger price); or

(b) the volume of imports in any year exceeds a certain level (the trigger volume).

The trigger volume shall be based on market access opportunities defined as imports expressed as a percentage of the corresponding domestic consumption during the three previous years.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective.

3. For the purposes of point (a) of the first subparagraph of paragraph 1, import prices shall be determined on the basis of the c.i.f. import prices of the consignment under consideration. C.i.f. import prices shall be checked against the representative prices for the product on the world market or on the Union import market for that product.

4. The Commission may adopt implementing acts laying down the measures necessary for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 183 U.K. Other implementing powers

The Commission may adopt implementing acts:

(a)

fixing the level of the applied import duty in accordance with the rules set out in an international agreement concluded in accordance with the TFEU, in the Common Customs Tariff and in the implementing acts referred to in Article 180;

(b)

fixing the representative prices and trigger volumes for the purposes of applying additional import duties in the framework of the rules adopted pursuant to Article 182(1).

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

CHAPTER III U.K. Tariff quota management and special treatment of imports by third countries

Article 184 U.K. Tariff quotas

[F114 1. Tariff quotas for the import of agricultural products for release into free circulation in the Union or a part thereof, or tariff quotas for imports of Union agricultural products into third countries, which are to be partly or fully administered by the Union, resulting from international agreements concluded in accordance with the TFEU or any other act adopted in accordance with Article 43(2) or Article 207 TFEU, shall be opened and/or administered by the Commission by means of delegated acts pursuant to Article 186 of this Regulation and implementing acts pursuant to Article 187 of this Regulation.]

2. Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

(a) a method based on the chronological order of the submission of applications ("first come, first served" principle);

(b) a method of distribution in proportion to the quantities requested when the applications were submitted (the "simultaneous examination method");

(c) a method based on taking traditional trade patterns into account (the "traditional/newcomers method").

3. The method of administration adopted shall:

(a) for import tariff quotas, give due weight to the supply requirements of the existing and emerging Union production, processing and consumption market in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market; and

(b) for export tariff quotas, permit the full use of the possibilities available under the quota concerned.

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

Article 185 U.K. Specific tariff quotas

In order to give effect to tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 227, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 186 U.K. Delegated powers

1. In order to ensure fair access for the quantities available and the equal treatment of operators within the tariff quota, the [F490 Secretary of State may make regulations]:

(a) determining the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota; the provisions concerned may require a minimum experience in trade with [F491 other] countries and assimilated territories, or in processing activity, expressed as a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

(b) establishing rules on the transfer of rights between operators and, where necessary, the limitations to such transfer within the management of the tariff quota;

(c) making participation in the tariff quota subject to the lodging of a security;

(d) providing, where necessary, for any particular specific characteristics, requirements or restrictions applicable to the tariff quota as set out in the international agreement or other act referred to in Article 184(1).

2. In order to ensure that exported products may benefit from a special treatment on importation into [F492 another] country under certain conditions, pursuant to international agreements [F493 to which the United Kingdom is a party, the Secretary of State may make regulations laying down the circumstances in which the competent authority is required] to issue, on request and after appropriate checks, a document certifying that the conditions are met for products that, if exported, may benefit from a special treatment on importation into [F492 another] country if certain conditions are respected.

Textual Amendments

F490 Words in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F491 Word in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F492 Word in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F493 Words in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 187 U.K. Implementing powers in accordance with the examination procedure

The [F494 Secretary of State may make regulations] laying down:

(a)

the annual tariff quotas, if necessary suitably phased over the year, and the method of administration to be used;

(b)

procedures for the application of the specific provisions laid down in the agreement or act adopting the F495 ... export regime, in particular, on:

(i)

guarantees covering the nature, provenance and origin of the product;

(ii)

recognition of the document used for verifying the guarantees referred to in point (i);

(iii)

F496 ...

(iv)

destination and use of the products;

(c)

the period of validity of the licences or of the authorisations;

(d)

the procedures for, and the amount of, the security to be lodged;

(e)

F497 ...

(f)

F498 ...

(g)

necessary measures concerning the content, form, issue and use of the document referred to in Article 186(2).

F499 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F494 Words in Art. 187 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F495 Words in Art. 187(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F496 Art. 187(b)(iii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F497 Art. 187(e) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F498 Art. 187(f) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F499 Words in Art. 187 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(d); 2020 c. 1, Sch. 5 para. 1(1)

[F114 Article 188 U.K. Allocation process for tariff quotas

1. The [F500 Secretary of State] shall make public, via an appropriate web-publication, the results of tariff quota allocation for the applications notified taking into account the tariff quotas available and the applications notified.

2. The publication referred to in paragraph 1 shall also make reference, when appropriate, to the need of rejecting pending applications, suspending the submission of applications or allocating unused quantities.

3. [F501 The Secretary of State] shall issue import licences and export licences for the quantities applied for within the import tariff quotas and export tariff quotas, subject to the respective allocation coefficients and after they are made public by the [F502 Secretary of State] in accordance with paragraph 1.]

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F500 Words in Art. 188(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(a); 2020 c. 1, Sch. 5 para. 1(1)

F501 Words in Art. 188(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F502 Words in Art. 188(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. Special import provisions for certain products

Article 189 U.K. Imports of hemp

1. The following products may be imported into the [F503 United Kingdom] only if the following conditions are met:

(a) raw true hemp falling within CN code 5302 10 00 meeting the conditions laid down in Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013

(b) seeds of varieties of hemp falling within CN code ex 1207 99 20 for sowing accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed that fixed in accordance with Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013;

(c) hemp seeds other than for sowing, falling within CN code 1207 99 91 and imported only by importers authorised by the [F504 licence issuing authority in accordance with Commission Implementing Regulation (EU) No 2016/1239] in order to ensure that such seeds are not intended for sowing.

2. This Article shall apply without prejudice to more restrictive rules adopted by [F505 the United Kingdom] in compliance with F506 ... the obligations under the WTO Agreement on Agriculture.

Textual Amendments

F503 Words in Art. 189(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(7)(a)(i)

F504 Words in Art. 189(1)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(7)(a)(ii)

F505 Words in Art. 189(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(7)(b)(i)

F506 Words in Art. 189(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(7)(b)(ii)

Article 190 U.K. Imports of hops

1. Products of the hops sector may be imported from [F507 other] countries only if their quality standards are at least equivalent to those adopted for like products harvested within [F508 Great Britain] or made from such products.

2. Products shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 77.

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of those products is not lower than that of the hops from which they have been prepared.

[F509 Products of the hops sector imported from the European Union before 1 July 2021 shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013 as it has effect in EU law, as amended from time to time, provided that the Secretary of State has not published a statement under Article 77(4) in respect of those products.]

3. In order to minimise the administrative burden, the [F510 Secretary of State may make regulations] setting the conditions under which obligations related to an attestation of equivalence and the labelling of packaging are not to apply.

4. The [F511 Secretary of State may make regulations setting out] the measures necessary for the application of this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops. F512 ...

Textual Amendments

F507 Word in Art. 190(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, 57(a); 2020 c. 1, Sch. 5 para. 1(1)

F508 Words in Art. 190(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, 57(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(21)); 2020 c. 1, Sch. 5 para. 1(1)

F509 Words in Art. 190(2) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 27 (as amended by S.I. 2020/1452, reg. 6(4)); 2020 c. 1, Sch. 5 para. 1(1)

F510 Words in Art. 190(3) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F511 Words in Art. 190(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F512 Words in Art. 190(4) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 191 U.K. Derogations for imported products and special security in the wine sector

[F513 The Secretary of State may, pursuant to international obligations, make regulations setting out derogations from point 5 of Section B or from Section C of Part 2 of Annex VIII for products imported into Great Britain.]

In the case of derogations from point 5 of Section B of Part II of Annex VIII, importers shall lodge a security for those products with the designated customs authorities at the time of release into free circulation. The security shall be released on the presentation of proof by the importer, to the satisfaction of the customs authorities of the F514 ..., that:

(a)

the products have not benefited from the derogations; or,

(b)

if they have benefited from the derogations, the products have not been vinified, or if they have been vinified, the resulting products have been appropriately labelled.

The [F515 Secretary of State may make regulations] laying down rules to ensure the uniform application of this Article, including on the amounts of the security and appropriate labelling. F516 ...

Textual Amendments

F513 Words in Art. 191 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(a)

F514 Words in Art. 191 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(b)

F515 Words in Art. 191 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(c)(i)

F516 Words in Art. 191 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(c)(ii)

F517 Article 192 U.K. Imports of raw sugar for refining

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F517 Art. 192 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, 58; 2020 c. 1, Sch. 5 para. 1(1)

F518 Article 193 U.K. Suspension of import duties in the sugar sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F518 Art. 193 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, 58; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. Safeguard and inward processing

Article 194 U.K. Safeguard measures

1. Safeguard measures against imports into the Union shall be taken by the Commission, subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) No 260/2009(12) and (EC) No 625/2009(13).

2. Save as otherwise provided for in any other act of the European Parliament and the Council and any other act of the Council, safeguard measures against imports into the Union provided for in international agreements concluded in accordance with the TFEU shall be taken by the Commission in accordance with paragraph 3 of this Article.

3. The Commission may adopt implementing acts establishing the measures referred to in paragraphs 1 and 2 of this Article at the request of a Member State or on its own initiative. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

4. The Commission may adopt implementing acts revoking or amending Union safeguard measures adopted pursuant to paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

Article 195 U.K. Suspension of processing and inward processing arrangements

Where the Union market is disturbed or is liable to be disturbed by processing or inward processing arrangements, the Commission may adopt implementing acts, at the request of a Member State or on its own initiative, fully or partially suspending the use of processing or inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

CHAPTER VI U.K. Export refunds

Article 196 U.K. Scope

1. To the extent necessary to enable exports on the basis of world market quotations or prices when conditions on the internal market are such as those described in Article 219(1) or Article 221 and within the limits resulting from international agreements [F519 to which the United Kingdom is a party], the difference between those quotations or prices and prices in the [F520 United Kingdom] may be covered by export refunds for:

(a) the products of the following sectors to be exported without further processing:

(i)

cereals;

(ii)

rice;

(iii)

sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I;

(iv)

beef and veal;

(v)

milk and milk products;

(vi)

pigmeat;

(vii)

eggs;

(viii)

poultrymeat;

(b) the products listed in points (i) to (iii), (v) and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with [F521 Regulation (EU) No 510/2014], and in the form of the products containing sugar listed in point (b) of Part X of Annex I to this Regulation.

2. Export refunds on products exported in the form of processed goods shall not be higher than those applicable to the same products exported without further processing.

3. Without prejudice to the application of Article 219(1) and Article 221, the refund available for the products referred to in paragraph 1 of this Article shall be EUR 0.

Textual Amendments

F519 Words in Art. 196(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, 59(a); 2020 c. 1, Sch. 5 para. 1(1)

F520 Words in Art. 196(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, 59(b); 2020 c. 1, Sch. 5 para. 1(1)

F521 Words in Art. 196(1)(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, 59(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 197 U.K. Export refund distribution

The method of allocation for quantities which may be exported with an export refund shall be the one that:

(a) is most suited to the nature of the product and the situation on the relevant market, allowing the most efficient use of the resources available, taking into account the efficiency and structure of [F522 United Kingdom] exports and their impact on the market balance without creating discrimination between the operators concerned, and in particular between large and small operators;

(b) is least cumbersome administratively for operators, taking into account the administrative requirements.

Textual Amendments

F522 Words in Art. 197(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, 60; 2020 c. 1, Sch. 5 para. 1(1)

Article 198 U.K. Export refund fixation

1. The same export refunds shall apply to the same products in the whole [F523 of the United Kingdom]. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from international agreements [F524 to which the United Kingdom is a party] make this necessary.

2. Measures on the fixing of refunds shall be taken by the [F525 Secretary of State] in accordance with [F526 Articles 13 and 14 of 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].

Textual Amendments

F523 Words in Art. 198(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, 61(a); 2020 c. 1, Sch. 5 para. 1(1)

F524 Words in Art. 198(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, 61(b); 2020 c. 1, Sch. 5 para. 1(1)

F525 Words in Art. 198(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(8)(a)

F526 Words in Art. 198(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(8)(b)

Article 199 U.K. Granting of export refund

1. Refunds on products listed in point (a) of Article 196(1) exported as such without further processing shall only be granted on application and on presentation of an export licence.

2. The refund applicable to products listed in point (a) of Article 196(1) shall be the refund applicable on the day of application for the licence or the refund resulting from the tendering procedure concerned and, in the case of a differentiated refund, the refund applicable on the same day:

(a) for the destination indicated on the licence; or

(b) for the actual destination if it differs from the destination indicated on the licence, in which case the amount applicable shall not exceed the amount applicable to the destination indicated on the licence.

3. The refund shall be paid upon submission of proof that:

[F527 (a) the products have been exported from the United Kingdom in accordance with the applicable export provisions, as construed in accordance with section 35(2) of the Taxation (Cross-border) Trade Act 2018;]

(b) in the case of a differentiated refund, the products have been imported into the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to point (b) of paragraph 2.

Textual Amendments

F527 Art. 199(3)(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, 62; 2020 c. 1, Sch. 5 para. 1(1)

Article 200 U.K. Export refunds for live animals in the beef and veal sector

With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in [F528 retained EU] law, and in particular with those for the protection of animals during transport.

Textual Amendments

F528 Words in Art. 200 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, 63; 2020 c. 1, Sch. 5 para. 1(1)

Article 201 U.K. Export limits

The volume commitments resulting from the international agreements [F529 to which the United Kingdom is a party] shall be respected on the basis of export licences issued for the reference periods applying to the products concerned.

With regard to compliance with the obligations under the WTO Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.

Textual Amendments

F529 Words in Art. 201 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, 64; 2020 c. 1, Sch. 5 para. 1(1)

Article 202 U.K. Delegated powers

1. In order to ensure the proper functioning of the export refund system, the [F530 Secretary of State may make regulations] laying down the requirement to lodge a security guaranteeing the fulfilment of the operators' obligations.

2. In order to minimise the administrative burden for operators and authorities, the [F531 Secretary of State may make regulations] setting thresholds below which the obligation to issue or present an export licence may not be required, designating destinations or operations where an exemption for the obligation to present an export licence may be justified and permitting export licences to be granted ex-post in justified situations.

3. In order to address practical situations justifying the full or partial eligibility for export refunds and to help operators bridge the period between the application and the final payment of the export refund, the [F532 Secretary of State may make regulations setting out] concerning rules on:

(a) another date for the refund;

(b) advance payment of export refunds, including the conditions for the lodging and release of a security;

(c) additional proof where doubts exist as to the real destination of products, and the opportunity for re-importation into the [F533 United Kingdom];

(d) destinations treated as exports from the [F534 United Kingdom], and the inclusion of destinations within the [F535 United Kingdom] eligible for export refunds.

4. In order to ensure the equal access of exporters of products listed in Annex I to the Treaties and of products processed therefrom to export refunds, the [F536 Secretary of State may make regulations] on the application of Article 199(1) and (2) to products referred to in point (b) of Article 196(1).

5. In order to ensure that products benefiting from export refunds are exported from the [F537 United Kingdom], and to avoid their return to [F538 the United Kingdom] and to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the [F539 Secretary of State may make regulations] concerning rules on:

(a) the time limit by which the exit from the [F537 United Kingdom] must be finalised, including the time for temporary re-entry;

(b) the processing that products benefiting from export refunds may undergo during that period;

(c) the proof of having reached a destination in order to be eligible for differentiated refunds;

(d) the refund thresholds and conditions under which exporters may be exempted from such proof;

(e) conditions for approval of proof, provided by independent third parties, of reaching a destination where differentiated refunds apply.

6. In order to encourage exporters to respect animal welfare conditions, and in order to enable the competent authorities to verify correct expenditure of export refunds where that is conditional on respect for animal welfare requirements, the [F540 Secretary of State may make regulations] on the respect of animal welfare requirements outside the [F541 United Kingdom], including the use of independent third parties.

7. In order to take into account the specific characteristics of the different sectors, the [F542 Secretary of State may make regulations] establishing specific requirements and conditions for operators and for the products eligible for an export refund, and coefficients for the purposes of calculating export refunds taking into account the ageing process of certain spirit drinks obtained from cereals.

Textual Amendments

F530 Words in Art. 202(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(a) (as amended by S.I. 2020/1445, reg. 17); 2020 c. 1, Sch. 5 para. 1(1)

F531 Words in Art. 202(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

F532 Words in Art. 202(3) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F533 Words in Art. 202(3)(c) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F534 Words in Art. 202(3)(d) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F535 Words in Art. 202(3)(d) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F536 Words in Art. 202(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(d); 2020 c. 1, Sch. 5 para. 1(1)

F537 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F538 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F539 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F540 Words in Art. 202(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F541 Words in Art. 202(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F542 Words in Art. 202(7) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(g); 2020 c. 1, Sch. 5 para. 1(1)

Article 203 U.K. Implementing powers in accordance with the examination procedure

The [F543 Secretary of State may make regulations setting out] the measures necessary for the application of this Chapter, in particular on:

(a)

the redistribution of exportable quantities which have not been allocated or utilised;

(b)

the method for recalculation of the payment of the export refund when the product code or destination mentioned in a licence is not in conformity with the actual product or destination;

(c)

products referred to in point (b) of Article 196(1);

(d)

the procedures for, and the amount of, the security to be lodged;

(e)

the application of measures adopted pursuant to Article 202(4).

F544 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F543 Words in Art. 203 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F544 Words in Art. 203 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 204 U.K. Other implementing powers

The [F545 Secretary of State may make regulations]:

(a)

[F546 setting out] appropriate measures to prevent abuse of the flexibility provided for in Article 199(2), in particular concerning the procedure for submitting applications;

(b)

[F547 setting out] the measures necessary to respect the volume commitments referred to in Article 201, including ceasing or limiting the issue of export licences when such commitments are or can be exceeded;

(c)

fixing coefficients which apply to the export refunds in accordance with the rules adopted pursuant to Article 202(7).

F548 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F545 Words in Art. 204 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F546 Words in Art. 204(a) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F547 Words in Art. 204(b) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

F548 Words in Art. 204 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VII U.K. Outward processing

Article 205 U.K. Suspension of outward processing arrangements

Where the Union market is disturbed or could be disturbed by outward processing arrangements, the Commission may adopt implementing acts, on a request from a Member State or on its own initiative, fully or partially suspending the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

PART IV U.K. COMPETITION RULES

CHAPTER I U.K. Rules applying to undertakings

Article 206 U.K. F549 ... The application of competition rules to agriculture

[F550 Save as otherwise provided in this Regulation and subject, in particular, to Articles 207 to 210 of this Regulation, the Competition Act 1998 shall apply to all agreements, decisions and practices referred to in sections 2(1) and 18(1) of that Act which relate to the production of, or trade in, agricultural products.]

F551 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F551 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F549 Words in Art. 206 heading 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, 65(a); 2020 c. 1, Sch. 5 para. 1(1)

F550 Words in Art. 206 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, 65(b); 2020 c. 1, Sch. 5 para. 1(1)

F551 Words in Art. 206 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, 65(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 207 U.K. Relevant market

The definition of the relevant market is a tool to identify and define the boundaries of competition between undertakings, and shall be founded on two cumulative elements:

(a)

the relevant product market: for the purposes of this Chapter, "product market" means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use;

(b)

the relevant geographic market: for the purposes of this Chapter, "geographic market" means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.

Article 208 U.K. Dominant position

For the purposes of this Chapter, "dominant position" means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.

Article 209 U.K. Exceptions for the objectives [F552 set out in Article 39 TFEU] and farmers and their associations

1. [F553 Section 2(1) of the Competition Act 1998] shall not apply to the agreements, decisions and practices referred to in Article 206 of this Regulation necessary for the attainment of the objectives set out in Article 39 TFEU.

[F114 [F553 Section 2(1) of the Competition Act 1998] shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, unless the objectives set out in Article 39 TFEU are jeopardised.]

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

2. Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall not be prohibited, no prior decision to that effect being required.

[F365 However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the [F554 Competition and Markets Authority] on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.

The [F555 Competition and Markets Authority] shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The [F555 Competition and Markets Authority] may F556 ... change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.]

In any F557 ... proceedings for the application of [F558 section 2 of the Competition Act 1998], the burden of proving an infringement of [F559 section 2(1) of the Competition Act 1998] shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F365 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F552 Words in Art. 209 heading 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, 66(a); 2020 c. 1, Sch. 5 para. 1(1)

F553 Words in Art. 209(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, 66(b); 2020 c. 1, Sch. 5 para. 1(1)

F554 Words in Art. 209(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, 66(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F555 Words in Art. 209(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, 66(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F556 Words in Art. 209(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, 66(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F557 Words in Art. 209(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, 66(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F558 Words in Art. 209(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, 66(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F559 Words in Art. 209(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, 66(c)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

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

1. [F560 Section 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 [F561 Competition and Markets Authority]; and

(b) within two months of receipt of all the details required the [F562 Competition and Markets Authority] has not found that those agreements, decisions or concerted practices are incompatible with [F563 any applicable legislation].

Where the [F564 Competition and Markets Authority] finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with [F565 any applicable legislation], it shall set out its finding F566 ....

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 [F567 any applicable legislation] if they:

(a) may lead to the partitioning of markets within the [F568 United 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 [F569 set 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 [F570 Competition and Markets Authority] finds that the conditions for applying paragraph 1 have not been met, it shallF571 ... take a decision declaring that [F572 section 2(1) of the Competition Act 1998] applies to the agreement, decision or concerted practice in question.

[F573 That 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 [F574 Competition and Markets Authority] mayF575 ... issue a finding of incompatibility at any time.

F576 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F560 Words 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)

F561 Words 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)

F562 Words 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)

F563 Words 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)

F564 Words 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)

F565 Words 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)

F566 Words 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)

F567 Words 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)

F568 Words 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)

F569 Words 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)

F570 Words in Art. 210(5) 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(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F571 Words in Art. 210(5) 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(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F572 Words in Art. 210(5) 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(d)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F573 Words in Art. 210(5) 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(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F574 Words in Art. 210(6) 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(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F575 Words in Art. 210(6) 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(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F576 Art. 210(7) 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(f); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. State aid rules

F577 Article 211 U.K. Application of Articles 107 to 109 TFEU

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F577 Art. 211 omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 6(2) (with Sch. 3)

F578 Article 212 U.K. National payments related to wine support programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F578 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

F578 Article 213 U.K. National payments for reindeer in Finland and Sweden

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F578 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

F578 Article 214 U.K. National payments for the sugar sector in Finland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F578 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

F578 Article 214a U.K. National payments for certain sectors in Finland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F578 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

Article 215 U.K. F579 ... Payments for apiculture

[F580 The relevant authority] may make F581 ... payments for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade.

Textual Amendments

F579 Word in Art. 215 heading 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, 70(a); 2020 c. 1, Sch. 5 para. 1(1)

F580 Words in Art. 215 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, 70(b); 2020 c. 1, Sch. 5 para. 1(1)

F581 Word in Art. 215 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, 70(c); 2020 c. 1, Sch. 5 para. 1(1)

F582 Article 216 U.K. National payments for distillation of wine in cases of crisis

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F582 Art. 216 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, 71; 2020 c. 1, Sch. 5 para. 1(1)

[F65 Article 217 U.K. F583 ... Payments for the distribution of products to children

[F584 The relevant authority] may make F585 ... payments for supplying to children in educational establishments the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1).

[F584 The relevant authority] may finance those payments by means of a levy on the sector concerned or by means of any other contribution from the private sector.]

Textual Amendments

F65 Substituted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.

F583 Word in Art. 217 heading 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, 72(a); 2020 c. 1, Sch. 5 para. 1(1)

F584 Words in Art. 217 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, 72(b); 2020 c. 1, Sch. 5 para. 1(1)

F585 Word in Art. 217 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, 72(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 218 U.K. F586 ... Payments for nuts

1. [F587 The relevant authority] may make F588 ... payments, up to a maximum of EUR 120,75 per hectare per year, to farmers producing the following products:

(a) almonds falling within CN codes 0802 11 and 0802 12;

(b) hazelnuts or filberts falling within CN codes 0802 21 and 0802 22;

(c) walnuts falling within CN codes 0802 31 00 and 0802 32 00;

(d) pistachios falling within CN codes 0802 51 00 and 0802 52 00;

(e) locust beans falling within CN code 1212 92 00.

[F589 2. The relevant authorities between them may not make payments under paragraph 1 in respect of more than 100 hectares per year.]

3. [F590 The relevant authority] may make the granting of F591 ... payments referred to in paragraph 1 conditional on farmers being members of a producer organisation recognised under Article 152.

Textual Amendments

F586 Word in Art. 218 heading 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, 73(a); 2020 c. 1, Sch. 5 para. 1(1)

F587 Words in Art. 218(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, 73(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F588 Word in Art. 218(1) 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, 73(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F589 Art. 218(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, 73(c); 2020 c. 1, Sch. 5 para. 1(1)

F590 Words in Art. 218(3) 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, 73(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F591 Word in Art. 218(3) 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, 73(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

PART V U.K. GENERAL PROVISIONS

CHAPTER I U.K. Exceptional measures

Section 1 U.K. Market disturbance

Article 219 U.K. Measures against market disturbance

1. In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or other events and circumstances significantly disturbing or threatening to disturb the market, where that situation, or its effects on the market, is likely to continue or deteriorate, the [F592 appropriate authority may make regulations] to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements F593 ... and provided that any other measures available under this Regulation appear to be insufficient.

F594 ...

Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or provide for export refunds, or suspend import duties in whole or in part including for certain quantities or periods as necessary.

2. The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I.

[F595 However, the appropriate authority may make regulations applying the measures referred to in paragraph 1 to one or more of the products listed in Section 2 of Part XXIV of Annex I.]

[F596 3. The appropriate authority may make regulations laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article.]

Textual Amendments

F592 Words in Art. 219(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F593 Words in Art. 219(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F594 Words in Art. 219(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F595 Words in Art. 219(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(b); 2020 c. 1, Sch. 5 para. 1(1)

F596 Art. 219(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(c); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Market support measures related to animal diseases and loss of consumer confidence due to public, animal or plant health risks

Article 220 U.K. Measures concerning animal diseases and loss of consumer confidence due to public, animal or plant health risks

1. The [F597 appropriate authority may make regulations] taking exceptional support measures for the affected market in order to take account of:

(a) restrictions on [F598 trade within the United Kingdom and international] trade which may result from the application of measures for combating the spread of diseases in animals; and

(b) serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks.

F599 ...

2. The measures provided for in paragraph 1 shall apply to any of the following sectors:

(a) beef and veal;

(b) milk and milk products;

(c) pigmeat;

(d) sheepmeat and goatmeat;

(e) eggs;

(f) poultrymeat.

The measures provided for in point (b) of the first subparagraph of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to all other agricultural products except those listed in Section 2 of Part XXIV of Annex I.

The [F600 appropriate authority may make regulations], extending the list of products in the first two subparagraphs of this paragraph.

F601 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The measures provided for in point (a) of the first subparagraph of paragraph 1 may be taken only if [F602 health and veterinary measures have been taken] to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

F603 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F604 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F597 Words in Art. 220(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F598 Words in Art. 220(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F599 Words in Art. 220(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F600 Words in Art. 220(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(b); 2020 c. 1, Sch. 5 para. 1(1)

F601 Art. 220(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(c); 2020 c. 1, Sch. 5 para. 1(1)

F602 Words in Art. 220(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(d); 2020 c. 1, Sch. 5 para. 1(1)

F603 Art. 220(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(e); 2020 c. 1, Sch. 5 para. 1(1)

F604 Art. 220(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(e); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Specific problems

Article 221 U.K. Measures to resolve specific problems

1. The [F605 appropriate authority may make regulations] taking necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. F606 ...

2. [F607 The appropriate authority may make regulations to] resolve specific problems, and on duly justified imperative grounds of urgency, relating to situations likely to cause a rapid deterioration of production and market conditions which could be difficult to address if the adoption of measures were delayedF608 ....

3. The [F609 appropriate authority may make regulations] under paragraph 1 F610 ... only if it is not possible to adopt the required emergency measures in accordance with Article 219 or 220.

[F611 4. Regulations made under paragraph 1 or 2 may remain in force for a period not exceeding 12 months.

If it appears to the appropriate authority that the specific problems which led to the making of the regulations under paragraph 1 or 2 will persist beyond the period for which they are in force, the appropriate authority may make further regulations to address the problems. Such regulations may only remain in force for a period not exceeding 12 months.

The power to make further regulations under the second subparagraph may not be exercised more than twice.]

F612 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F605 Words in Art. 221(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F606 Words in Art. 221(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F607 Words in Art. 221(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F608 Words in Art. 221(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F609 Words in Art. 221(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F610 Words in Art. 221(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F611 Art. 221(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(d); 2020 c. 1, Sch. 5 para. 1(1)

F612 Art. 221(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(e); 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Agreements and decisions during periods of severe imbalance in markets

Article 222 U.K. Application of Article 101(1) TFEU

[F114 1. During periods of severe imbalance in markets, the [F613 Secretary of State may make regulations to the effect that section 2 of the Competition Act 1998] is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of [F614 trade within the United Kingdom], strictly aim to stabilise the sector concerned and fall under one or more of the following categories:]

(a) market withdrawal or free distribution of their products;

(b) transformation and processing;

(c) storage by private operators;

(d) joint promotion measures;

(e) agreements on quality requirements;

(f) joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the [F615 United Kingdom] or of inputs necessary to address the effects of natural disasters in the [F615 United Kingdom];

(g) temporary planning of production taking into account the specific nature of the production cycle.

[F616 Regulations made under this paragraph must specify the substantive and geographic scope of the derogation and the period for which the derogation applies.]

F394 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.

However, the [F617 Secretary of State may make regulations] authorising such agreements and decisions for a further period of up to six-months. F618 ...

Textual Amendments

F114 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F394 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F613 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F614 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F615 Words in Art. 222(1)(f) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F616 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F617 Words in Art. 222(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F618 Words in Art. 222(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Communications and reporting

Article 223 U.K. Communication requirements

1. For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of [F619 agricultural support] measures, checking, controlling, monitoring, evaluating and auditing [F619 agricultural support] measures, and complying with the requirements laid down in international agreements F620 ..., including notification requirements under those agreements, the [F621 appropriate authority may make regulations adopting] the necessary measures regarding communications to be made by undertakings F622 ... and third countries. In so doing, it shall take into account the data needs and synergies between potential data sources.

The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.

2. In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the [F623 appropriate authority may make regulations] laying down:

(a) the nature and type of information to be notified;

(b) the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries;

(c) the access rights to the information or information systems made available;

(d) the conditions of publication of the information.

3. [F624 Any regulations made by the appropriate authority under this Article must include provisions] laying down the measures necessary for the application of this Article, including:

(a) the methods of notification;

(b) rules on the information to be notified;

(c) arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications;

(d) the arrangements for transmitting or making information and documents available to F625 ... international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets.

F626 ...

Textual Amendments

F619 Words in Art. 223(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F620 Words in Art. 223(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F621 Words in Art. 223(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F622 Words in Art. 223(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F623 Words in Art. 223(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F624 Words in Art. 223(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F625 Words in Art. 223(3)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F626 Words in Art. 223(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 224 U.K. Processing and protection of personal data

[F627 1. Personal data collected for the purposes set out in Article 223(1) must not be processed in a way which is incompatible with those purposes.]

2. Where personal data are processed for monitoring and evaluation purposes as referred to in Article 223(1), they shall be made anonymous and shall be processed in aggregated form only.

3. Personal data shall be processed in accordance with [F628 Regulation (EU) 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account [F629 any statutory minimum retention periods].

4. [F630 The relevant authority] shall inform the data subjects that their personal data may be processed [F631 by United Kingdom bodies and bodies in the constituent nation] in accordance with paragraph 1 and that in this respect they enjoy the rights set out in, respectively, [F632 Regulation (EU) 2016/679 and the Data Protection Act 2018] .

Textual Amendments

F627 Art. 224(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, 74(a); 2020 c. 1, Sch. 5 para. 1(1)

F628 Words in Art. 224(3) 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, 74(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F629 Words in Art. 224(3) 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, 74(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F630 Words in Art. 224(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, 74(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F631 Words in Art. 224(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, 74(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F632 Words in Art. 224(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, 74(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 225 U.K. Reporting obligation of the [F633 appropriate authority]

The [F634 appropriate authority shall publish a report]:

(a)

every three years [F635 on] the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

(b)

F636 ...

(c)

F636 ...

(d)

F636 ...

(e)

[F637 by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

(f)

F638 ...]

Textual Amendments

F633 Words in Art. 225 heading 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, 75(a); 2020 c. 1, Sch. 5 para. 1(1)

F634 Words in Art. 225 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, 75(b); 2020 c. 1, Sch. 5 para. 1(1)

F635 Word in Art. 225(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, 75(c); 2020 c. 1, Sch. 5 para. 1(1)

F636 Art. 225(b)(c)(d) 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, 75(d); 2020 c. 1, Sch. 5 para. 1(1)

F637 Inserted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.

F638 Art. 225(f) 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, 75(d); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. Reserve for crises in the agricultural sector

F639 Article 226 U.K. Use of the Reserve

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F639 Art. 226 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, 76; 2020 c. 1, Sch. 5 para. 1(1)

PART VI U.K. [F640 REGULATIONS], TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I U.K. [F641 Regulations]

[F642 Article 227 U.K. Regulations

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3. Any power of the Department of Agriculture, Environment and Rural Affairs or Department of Health to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4. Regulations under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

Textual Amendments

F642 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 228 U.K. Regulations: the Secretary of State

1. Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2. A statutory instrument containing regulations made by the Secretary of State under Article 102d(4) or Article 221(1) or (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

3. A statutory instrument containing regulations made by the Secretary of State under Article 219, 220(1) or (2) or 221(2)must be laid before each House of Parliament after being made.

4. Regulations made by the Secretary of State under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which Parliament is:

(a) dissolved or prorogued, or

(b) during which either House of Parliament is adjourned for more than 4 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

7. The Secretary of State may not make regulations under any of the provisions specified in paragraph 9 without the consent of the relevant authorities for Wales, Scotland and Northern Ireland.

8. Where any of the relevant authorities for Wales, Scotland or Northern Ireland requests the Secretary of State to make regulations under any of the provisions specified in paragraph 9, the Secretary of State must have regard to that request.

9. The specified provisions are:

(a) Article 80(4) and (5);

(b) Article 83(4)(b);

(c) Article 147(3) and (4).

Textual Amendments

F642 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 228A U.K. Regulations: the Welsh Ministers

1. Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of National Assembly for Wales.

2. A statutory instrument containing regulations made by the Welsh Ministers under Article 221(1) or (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

3. A statutory instrument containing regulations made by the Welsh Ministers under Article 219, 220(1) or (2) or 221(2)must be laid before the National Assembly for Wales after being made.

4. Regulations made by the Welsh Ministers under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the National Assembly for Wales is:

(a) dissolved, or

(b) in recess for more than 4 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Textual Amendments

F642 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 229 U.K. Regulations: the Scottish Ministers

1. Except as specified in paragraphs 2 to 6, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.

2. Regulations made by the Scottish Ministers under Article 221(1) or (4) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

3. A statutory instrument containing regulations made by the Scottish Ministers under Article 219, 220(1) or (2) or 221(2)must be laid before the Scottish Parliament after being made.

4. Regulations made by the Scottish Ministers under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Scottish Parliament is:

(a) dissolved, or

(b) in recess for more than 4 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Textual Amendments

F642 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 229A U.K. Regulations: Northern Ireland

1. Except as specified in paragraphs 2 to 6, regulations made by the Department of Agriculture, Environment and Rural Affairs or the Department of Health under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

2. Regulations may not be made by either Department under Article 221(1) or (4) unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

3. Regulations made by either Department under Article 219, 220(1) or (2) or 221(2) must be laid before the Northern Ireland Assembly after being made.

4. Regulations made by either Department under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a) dissolved,

(b) in recess for more than 4 days, or

(c) adjourned for more than 6 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F642 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F641 Pt. 6 Ch. 1 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 36; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Transitional and final provisions

Article 230 U.K. Repeals

1. Regulation (EC) No 1234/2007 is repealed.

However, the following provisions of Regulation (EC) No 1234/2007 shall continue to apply:

(a) as regards the system of milk production limitation: Section III of Chapter III of Title I of Part II, Article 55, Article 85 and Annexes IX and X, until 31 March 2015;

(b) as regards the wine sector:

(i)

Articles 85a to 85e as regards areas referred to in Article 85a(2) which have not yet been grubbed up and as regards areas referred to in Article 85b(1) which have not been regularised, until such areas are grubbed up or regularised, and Article 188a(1) and (2);

(ii)

the transitional planting right regime set out in Subsection II of Section IVa of Chapter III of Title I of Part II until 31 December 2015;

(iii)

Article 118m(5) until clearance of the stocks of wines with the denomination "Mlado vino portugizac" existing on 1 July 2013;

(iv)

Article 118s(5) until 30 June 2017;

[X3 (ba) Article 111 until 31 March 2015;]

[X1 (c) Article 113a(4), Articles 114, 115 and 116, Article 117(1) to (4) and point (e)(iv) of Article 121, as well as point IV of Part A, points I(2) and (3) and III(1) of Part B and Part C of Annex XIV, and points 1, 3, 5 and 6 of Part II and point 2 of Part IV of Annex XV for the purpose of applying those Articles, until the date of application of the corresponding marketing rules to be established [F643 under] Article 75(2), Article 76(4), Article 78(3) and (4), Article 79(1), Article 80(4), Article 83(4), Article 86, Article 87(2), Article 88(3) and Article 89 of this Regulation;]

[X3 (ca) Article 125a(1)(e) and (2) and, in respect of the fruit and vegetables sector, Annex XVIa, until the date of application of the related rules to be established [F643 under] points (b) and (i) of Article 173(1);]

(d) Article 133a(1) and Article 140a until 30 September 2014;

[X3 (da) Articles 136, 138 and 140, as well as Annex XVIII for the purposes of applying those Articles, until the date of application of the rules to be established pursuant to the implementing acts provided for in Article 180 and in point (a) of Article 183 or until 30 June 2014, whichever is the earlier;]

(e) the first and second subparagraphs of Article 182(3) until the end of the 2013/2014 marketing year for sugar on 30 September 2014;

(f) Article 182(4) until 31 December 2017;

(g) Article 182(7) until 31 March 2014;

[X1 (h) Point 3 of Part III of Annex XV until 31 December 2015;]

(i) Annex XX until date of entry into force of legislative act replacing Regulation (EC) No 1216/2009 and Council Regulation (EC) No 614/2009(14).

2. References to Regulation (EC) No 1234/2007 shall be construed as references to this Regulation and to Regulation (EU) No 1306/2013 and be read in accordance with the correlation table set out in Annex XIV to this Regulation.

3. Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1601/96 and (EC) No 1037/2001 are repealed.

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

X3 Inserted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F643 Word in Art. 230(1)(c)(ca) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(15); 2020 c. 1, Sch. 5 para. 1(1)

F644 Article 231 U.K. Transitional rules

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F644 Art. 231 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, 77; 2020 c. 1, Sch. 5 para. 1(1)

F645 Article 232 U.K. Entry into force and application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F645 Art. 232 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, 77; 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F640 Word in Pt. 6 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 35; 2020 c. 1, Sch. 5 para. 1(1)

F646 ...

Textual Amendments

F646 Words in Signature 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, 78; 2020 c. 1, Sch. 5 para. 1(1)