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)

(1)

Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (See page 608 of this Official Journal)

(2)

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (See page 487 of this Official Journal).

(3)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (See page 85 of this Official Journal).