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

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

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Regulation (EU) No 1308/2013 of the European Parliament and of the Council, CHAPTER II is up to date with all changes known to be in force on or before 11 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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CHAPTER II U.K. Aid schemes

[F1Section 1 U.K. Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments

Article 22U.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 [F2relevant authority].

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

1.[F3Aid 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 [F4appropriate authority may make regulations setting ] limits for the proportion of F5... 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.[F6The relevant authority may], taking into account [F7circumstances 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 [F8the 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 [F9the 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, [F10it] may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the [F11aid 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.

[F12The 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, [F13the relevant authority] may, after [F14consulting 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.

F157.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.[F16The 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.

[F17Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ]

9.[F18The relevant authority] shall determine in [F19its strategy] the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. [F20In drawing up that list, the relevant authority must consult, where appropriate, the public bodies responsible for health and nutrition in the constituent nation. ]

10.[F21The 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.[F22The 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 [F23United Kingdom]. [F22The 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.

[F24The relevant authority] may consider, in [F25its strategy], prioritising sustainability and fair-trade considerations.

Textual Amendments

Article 23aU.K. [F26Publicity] provisions

F271.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F272.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F273.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F274.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F275.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F276.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F277.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.[F28During 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.] [F29The relevant authority] may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. [F29The relevant authority] shall ensure the added value and the visibility of the F30... school scheme in relation to the provision of other meals in educational establishments.

Article 24U.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 [F31appropriate 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 F32...;

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

2.[F33In 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 [F34appropriate 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 [F35appropriate authority may make regulations] in order to define the maximum levels for added sugar, added salt and added fat which may be allowed F36... 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 [F37the 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 [F38appropriate 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.

F396.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

The [F40appropriate 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 [F41the 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)

[F42the format and content of monitoring and evaluation reports]

(e)

F43...

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

F45Article 29U.K.Programmes to support the olive oil and table olives sector

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

F45Article 30U.K.Delegated powers

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

F45Article 31U.K.Implementing powers in accordance with the examination procedure

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

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

Article 32U.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)F46... financial assistance [F47under 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 [F48specified 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 [F49the relevant authority].

Article 33E+W+N.I.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;

[F50(f)crisis prevention and management. F51...]

Operational programmes shall be submitted to the [F52relevant authority for its approval].

[F53Operational 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 [F54relevant 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:

F55(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)training measures and exchanges of best practices;

[F50(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;]

F56(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)harvest insurance[F50;]

F57(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 F58... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F594.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F60The 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.

[F50Environmental 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.[F61The 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.

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 33SOperational programmes

[F1131.Operational programmes in the fruit and vegetables sector shall have a minimum duration of two years and a maximum duration of three years.

Operational programmes must 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;

(f)crisis prevention and management.

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

The first subparagraph applies to any operational programme of a producer organisation, or association of producer organisations, which has, at the time of the implementation, or proposed implementation, of that programme, its head office located in Scotland (as established by the application of Article 14A or Article 21A of Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011).]

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 [F114relevant 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:

F115(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)training measures and exchanges of best practices;

[F116(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;]

F117(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)harvest insurance[F116;]

F118(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 F119... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F1204.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F121The 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.

[F116Environmental 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.[F122The 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.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

Modifications etc. (not altering text)

Article 34U.K.F62... Financial assistance

1.The F63... 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 F64... 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:

F65(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;

F66(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F684.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 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)

[F69Article 35U.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

Modifications etc. (not altering text)

C1Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 36U.K.[F70Framework and] strategy for operational programmes

1.[F71The 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. [F72Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole.]

F73...

2.[F74The 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 F75... strategy shall also integrate the F75... framework referred to in paragraph 1.

F763.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

Article 37U.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 [F77appropriate 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 [F78any 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)

F79... financial assistance, concerning:

(i)

the basis for the calculation of F79... 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 [F80the relevant authority] not to apply one or more crisis prevention and management measures;

(ii)

[F50conditions relating to points [F81(b) and (c)] of the first subparagraph of Article 33(3);]

(iii)

F82...

(iv)

F82...

(v)

F82...

(vi)

F82...

(vii)

F82...

(viii)

the conditions for the recipients of withdrawn products;

(ix)

the use of terms for the purposes of this Section;

(x)

F83...

(xi)

harvest insurance;

(xii)

mutual funds; and

(xiii)

F84...

(e)

[F85additional] financial assistance, concerning:

(i)

the degree of organisation of producers;

(ii)

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

(iii)

F86...

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

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

The [F87appropriate authority may make regulations] laying down measures concerning:

(a)

the management of operational funds;

(b)

the information to be contained in operational programmes, F88... frameworks and F88... strategies referred to in Article 36, the submission of operational programmes to [F89the relevant authority], time limits, accompanying documents and approval by [F89the 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 F90... strategies and operational programmes;

(e)

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

(f)

F91...

(g)

F91...

(h)

F91...

(i)

[F50promotion, communication, [F92and training] measures in cases of crisis prevention and management;]

(j)

the implementation of F93... harvest insurance measures;

(k)

F94...

(l)

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

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

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

Subsection 1U.K.General provisions and eligible measures
F96Article 39U.K.Scope

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

F96Article 40U.K.Compatibility and consistency

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

F96Article 41U.K.Submission of support programmes

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

F96Article 42U.K.Content of support programmes

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

F96Article 43U.K.Eligible measures

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

F96Article 44U.K.General rules concerning support programmes

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

Subsection 2U.K.Specific support measures
F96Article 45U.K.Promotion

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

F96Article 46U.K.Restructuring and conversion of vineyards

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

F96Article 47U.K.Green harvesting

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

F96Article 48U.K.Mutual funds

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

F96Article 49U.K.Harvest insurance

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

F96Article 50U.K.Investments

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

F96Article 51U.K.Innovation in the wine sector

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

F96Article 52U.K.By-product distillation

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

Subsection 3U.K.Procedural provisions
F96Article 53U.K.Delegated powers

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

F96Article 54U.K.Implementing powers in accordance with the examination procedure

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

Section 5 U.K. Aid in the apiculture sector

Article 55U.K.[F97Programmes] and financing

1.With a view to improving general conditions for the production and marketing of apiculture products, [F98the appropriate authority] may draw up [F99programmes 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.

[F100By 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.]

F1012.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.[F102Before 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 [F103the 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 F104...;

(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

Modifications etc. (not altering text)

C4Arts. 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)

C5Arts. 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

C6Arts. 55-57: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 18, 56(2)(c) (with s. 20)

Article 56U.K.Delegated powers

[F1051.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 [F106any] 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 [F107appropriate authority may make regulations] to update the list of measures referred to in Article 55(4) that may be included in F108... 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 F109... programmes adopted prior to the entry into force of [F110those provisions].

Textual Amendments

Modifications etc. (not altering text)

C4Arts. 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)

C5Arts. 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

C6Arts. 55-57: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 18, 56(2)(c) (with s. 20)

[F111Article 57U.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

Modifications etc. (not altering text)

C4Arts. 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)

C5Arts. 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

C6Arts. 55-57: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 18, 56(2)(c) (with s. 20)

Section 6U.K.Aid in the hops sector

F112Article 58U.K.Aid to producer organisations

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

F112Article 59U.K.Delegated powers

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

F112Article 60U.K.Implementing powers in accordance with the examination procedure

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

(1)

[F1Regulation (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).

Yn ôl i’r brig

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