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 (c. 1308)

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 [F1 appropriate authority] and stored by [F2 it] until disposed of; and

(b)

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

Textual Amendments

F1 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)

F2 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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 [F3 United Kingdom]. In addition, if they come from crops, those crops shall have been harvested in the [F3 United Kingdom], and if they come from milk, that milk shall have been produced in the [F3 United Kingdom].

Textual Amendments

F3 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

Article 10 U.K. F4 ... Scales for the classification of carcasses

F5 ... 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, [F6 the appropriate authority] may apply a F7 ... scale for the classification of sheep carcasses in accordance with the rules laid down in point C of Annex IV.

Textual Amendments

F4 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)

F5 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)

F6 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)

F7 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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 [F8 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 [F9 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 [F10 United Kingdom] by the spray process, with a minimum protein content of 34,0 % by weight of the fat free dry matter.

Textual Amendments

F8 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)

F9 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)

F10 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

[F11 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

F11 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

[F11 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

F11 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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.

[F12 2. The appropriate authority may make regulations fixing the level of the public intervention price, including the amounts of increases and reductions.]

Textual Amendments

F12 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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 [F13 to which the United Kingdom is a party].

F14 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Each year the [F15 appropriate authority] shall publish details of the conditions under which products bought in under public intervention were sold in the previous year.

Textual Amendments

F13 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)

F14 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)

F15 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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 [F16 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

F16 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

Article 18 U.K. Conditions for granting aid

1. In order to provide for market transparency, the [F17 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 F18 ... market prices [F19 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 [F20 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.

F21 ...

F22 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 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)

F18 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)

F19 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)

F20 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)

F21 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)

F22 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)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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 [F23 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 [F24 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 [F25 appropriate authority may make regulations] laying down:

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

F26 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. In order to ensure that aid for private storage has the desired effect on the market, the [F27 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 [F28 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 F29 ... 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 [F30 appropriate authority may make regulations]:

(a) adapting and updating the provisions of Annex IV on the F31 ... 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 [F32 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 [F33 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;

[F34 (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.]

[F35 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Scotland (see section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F36 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F37 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Wales (see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020).]

Textual Amendments

F23 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)

F24 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)

F25 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)

F26 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)

F27 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)

F28 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)

F29 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)

F30 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)

F31 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)

F32 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)

F33 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)

F34 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)

F35 Words in Art. 19(6) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(2) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F36 Words in Art. 19(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 4 (with Sch. 7 para. 16); S.I. 2022/1255, reg. 2(b)

F37 Words in Art. 19(6) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 19 (with Sch. 7 para. 31); S.I. 2022/1204, reg. 2(a)

Modifications etc. (not altering text)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

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

The [F38 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 [F39 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 releasedF40 ...;

(j)

in respect of products bought in under public intervention, the provisions relating to the possibility for [F41 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 F42 ... 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 F43 ...;

(p)

the implementation of F44 ... 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 F45 ... 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 [F46 of the weighted average price in the United Kingdom] for beef, pig and sheep carcasses;

(t)

[F47 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 [F48 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)

F49 ...

F50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F51 Points (p) to (t) do not apply in relation to slaughterhouses in Scotland (see section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F52 Points (p) to (t) do not apply in relation to slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F53 Points (p) to (t) do not apply in relation to slaughterhouses in Wales (see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020).]

Textual Amendments

F38 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)

F39 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)

F40 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)

F41 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)

F42 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)

F43 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)

F44 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)

F45 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)

F46 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)

F47 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)

F48 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)

F49 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)

F50 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)

F51 Words in Art. 20 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(3) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F52 Words in Art. 20 inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 5 (with Sch. 7 para. 16); S.I. 2022/1255, reg. 2(b)

F53 Words in Art. 20 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 20 (with Sch. 7 para. 31); S.I. 2022/1204, reg. 2(a)

Modifications etc. (not altering text)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

Article 21 U.K. Other implementing powers

[F54 This Article does not apply to the classification of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F55 This Article does not apply to the classification of carcasses by slaughterhouses in Wales (see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020).]

[F56 This Article does not apply to the classification of carcasses by slaughterhouses in Scotland (see section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F57 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.

F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Words in Art. 21 inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 6 (with Sch. 7 para. 16); S.I. 2022/1255, reg. 2(b)

F55 Words in Art. 21 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 21 (with Sch. 7 para. 31); S.I. 2022/1204, reg. 2(a)

F56 Words in Art. 21 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(4) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F57 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)

F58 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)

Modifications etc. (not altering text)

C4 Arts. 8-21: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 6, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(a)

CHAPTER II U.K. Aid schemes

[F59 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 [F60 relevant authority].

Textual Amendments

F60 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. [F61 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 [F62 appropriate authority may make regulations setting ] limits for the proportion of F63 ... 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. [F64 The relevant authority may], taking into account [F65 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 [F66 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 [F67 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, [F68 it] may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the [F69 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.

[F70 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(1).

Notwithstanding the first subparagraph of this paragraph, [F71 the relevant authority] may, after [F72 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.

F73 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F74 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.

[F75 Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ]

9. [F76 The relevant authority] shall determine in [F77 its strategy] the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. [F78 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. [F79 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. [F80 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 [F81 United Kingdom]. [F80 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.

[F82 The relevant authority] may consider, in [F83 its strategy], prioritising sustainability and fair-trade considerations.

Textual Amendments

F61 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)

F62 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)

F63 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)

F64 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)

F65 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)

F66 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)

F67 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)

F68 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)

F69 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)

F70 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)

F71 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)

F72 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)

F73 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)

F74 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)

F75 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)

F76 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)

F77 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)

F78 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)

F79 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)

F80 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)

F81 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)

F82 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)

F83 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. [F84 Publicity] provisions

F85 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F86 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.] [F87 The relevant authority] may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. [F87 The relevant authority] shall ensure the added value and the visibility of the F88 ... school scheme in relation to the provision of other meals in educational establishments.

Textual Amendments

F84 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)

F85 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)

F86 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)

F87 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)

F88 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 [F89 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 F90 ...;

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

2. [F91 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 [F92 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 [F93 appropriate authority may make regulations] in order to define the maximum levels for added sugar, added salt and added fat which may be allowed F94 ... 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 [F95 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 [F96 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.

F97 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 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)

F90 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)

F91 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)

F92 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)

F93 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)

F94 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)

F95 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)

F96 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)

F97 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 [F98 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 [F99 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)

[F100 the format and content of monitoring and evaluation reports]

(e)

F101 ...

F102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F98 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)

F99 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)

F100 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)

F101 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)

F102 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

F59 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

F103 Article 29 U.K. Programmes to support the olive oil and table olives sector

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

Textual Amendments

F103 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)

F103 Article 30 U.K. Delegated powers

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

Textual Amendments

F103 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)

F103 Article 31 U.K. Implementing powers in accordance with the examination procedure

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

Textual Amendments

F103 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) F104 ... financial assistance [F105 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 [F106 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 [F107 the relevant authority].

Textual Amendments

F104 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)

F105 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)

F106 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)

F107 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)

C5 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)

C6 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

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;

[F108 (f) crisis prevention and management. F109 ...]

Operational programmes shall be submitted to the [F110 relevant authority for its approval].

[F111 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 [F112 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:

F113 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) training measures and exchanges of best practices;

[F108 (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;]

F114 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F114 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F114 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) harvest insurance[F108 ;]

F115 (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 F116 ... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F117 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. [F118 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.

[F108 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. [F119 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

F108 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.

F109 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)

F110 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)

F111 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.

F112 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)

F113 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)

F114 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)

F115 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)

F116 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)

F117 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)

F118 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)

F119 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)

C5 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)

C6 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

Article 34 U.K. F120 ... Financial assistance

1. The F121 ... 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 F122 ... 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:

F123 (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(2);

(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;

F124 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 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)

F121 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)

F122 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)

F123 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)

F124 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)

F125 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)

F126 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)

C5 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)

C6 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

[F127 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

F127 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)

C5 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)

C6 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

Article 36 U.K. [F128 Framework and] strategy for operational programmes

1. [F129 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. [F130 Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole.]

F131 ...

2. [F132 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 F133 ... strategy shall also integrate the F133 ... framework referred to in paragraph 1.

F134 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 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)

F129 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)

F130 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)

F131 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)

F132 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)

F133 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)

F134 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)

C5 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)

C6 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

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 [F135 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 [F136 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)

F137 ... financial assistance, concerning:

(i)

the basis for the calculation of F137 ... 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 [F138 the relevant authority] not to apply one or more crisis prevention and management measures;

(ii)

[F108 conditions relating to points [F139 (b) and (c)] of the first subparagraph of Article 33(3);]

(iii)

F140 ...

(iv)

F140 ...

(v)

F140 ...

(vi)

F140 ...

(vii)

F140 ...

(viii)

the conditions for the recipients of withdrawn products;

(ix)

the use of terms for the purposes of this Section;

(x)

F141 ...

(xi)

harvest insurance;

(xii)

mutual funds; and

(xiii)

F142 ...

(e)

[F143 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)

F144 ...

Textual Amendments

F108 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.

F135 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)

F136 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)

F137 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)

F138 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)

F139 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)

F140 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)

F141 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)

F142 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)

F143 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)

F144 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)

C5 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)

C6 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

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

The [F145 appropriate authority may make regulations] laying down measures concerning:

(a)

the management of operational funds;

(b)

the information to be contained in operational programmes, F146 ... frameworks and F146 ... strategies referred to in Article 36, the submission of operational programmes to [F147 the relevant authority], time limits, accompanying documents and approval by [F147 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 F148 ... strategies and operational programmes;

(e)

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

(f)

F149 ...

(g)

F149 ...

(h)

F149 ...

(i)

[F108 promotion, communication, [F150 and training] measures in cases of crisis prevention and management;]

(j)

the implementation of F151 ... harvest insurance measures;

(k)

F152 ...

(l)

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

F153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 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.

F145 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)

F146 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)

F147 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)

F148 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)

F149 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)

F150 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)

F151 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)

F152 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)

F153 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)

C5 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)

C6 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

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

Subsection 1 U.K. General provisions and eligible measures

F154 Article 39 U.K. Scope

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

Textual Amendments

F154 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)

F154 Article 40 U.K. Compatibility and consistency

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

Textual Amendments

F154 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)

F154 Article 41 U.K. Submission of support programmes

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

Textual Amendments

F154 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)

F154 Article 42 U.K. Content of support programmes

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

Textual Amendments

F154 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)

F154 Article 43 U.K. Eligible measures

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

Textual Amendments

F154 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)

F154 Article 44 U.K. General rules concerning support programmes

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

Textual Amendments

F154 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

F154 Article 45 U.K. Promotion

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

Textual Amendments

F154 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)

F154 Article 46 U.K. Restructuring and conversion of vineyards

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

Textual Amendments

F154 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)

F154 Article 47 U.K. Green harvesting

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

Textual Amendments

F154 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)

F154 Article 48 U.K. Mutual funds

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

Textual Amendments

F154 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)

F154 Article 49 U.K. Harvest insurance

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

Textual Amendments

F154 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)

F154 Article 50 U.K. Investments

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

Textual Amendments

F154 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)

F154 Article 51 U.K. Innovation in the wine sector

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

Textual Amendments

F154 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)

F154 Article 52 U.K. By-product distillation

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

Textual Amendments

F154 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

F154 Article 53 U.K. Delegated powers

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

Textual Amendments

F154 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)

F154 Article 54 U.K. Implementing powers in accordance with the examination procedure

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

Textual Amendments

F154 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. [F155 Programmes] and financing

1. With a view to improving general conditions for the production and marketing of apiculture products, [F156 the appropriate authority] may draw up [F157 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.

[F158 By way of derogation from the first subparagraph, apiculture programmes drawn up for the period running from 1 August 2019 until 31 July 2022 shall be extended until 31 December 2022. The appropriate authority shall modify its apiculture programmes to take account of that extension.]

F159 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F160 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 [F161 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 F162 ...;

(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

F155 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)

F156 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)

F157 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)

F158 Words in Art. 55(1) substituted (22.7.2022) by The Common Agricultural Policy (Cross-Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/861), regs. 1(2), 4(2)

F159 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)

F160 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)

F161 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)

F162 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)

C7 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)

C8 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

[F163 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 [F164 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 [F165 appropriate authority may make regulations] to update the list of measures referred to in Article 55(4) that may be included in F166 ... 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 F167 ... programmes adopted prior to the entry into force of [F168 those provisions].

Textual Amendments

F163 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)

F164 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)

F165 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)

F166 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)

F167 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)

F168 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)

C7 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)

C8 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

[F169 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

F169 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)

C7 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)

C8 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

F170 Article 58 U.K. Aid to producer organisations

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

Textual Amendments

F170 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)

F170 Article 59 U.K. Delegated powers

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Textual Amendments

F170 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)

F170 Article 60 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F170 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

F170 Article 61 U.K. Duration

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Textual Amendments

F170 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

F170 Article 62 U.K. Authorisations

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Textual Amendments

F170 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)

F170 Article 63 U.K. Safeguard mechanism for new plantings

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Textual Amendments

F170 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)

F170 Article 64 U.K. Granting of authorisations for new plantings

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Textual Amendments

F170 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)

F170 Article 65 U.K. Role of professional organisations

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Textual Amendments

F170 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)

F170 Article 66 U.K. Replantings

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Textual Amendments

F170 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)

F170 Article 67 U.K. De minimis

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Textual Amendments

F170 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)

F170 Article 68 U.K. Transitional provisions

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Textual Amendments

F170 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)

F170 Article 69 U.K. Delegated powers

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Textual Amendments

F170 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)

F170 Article 70 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F170 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

F170 Article 71 U.K. Non-authorised plantings

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Textual Amendments

F170 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)

F170 Article 72 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F170 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)

(1)

[F59 Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ( OJ L 354, 31.12.2008, p. 16 ).]

(2)

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

Textual Amendments

F59 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.