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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, PART V is up to date with all changes known to be in force on or before 12 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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PART VU.K. GENERAL PROVISIONS

CHAPTER I U.K. Exceptional measures

Section 1 U.K. Market disturbance

Article 219U.K.Measures against market disturbance

[F1A1.This Article does not apply in relation to agricultural producers in England.]

[F2A2.This Article does not apply in relation to agricultural producers in Wales.]

1.In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or other events and circumstances significantly disturbing or threatening to disturb the market, where that situation, or its effects on the market, is likely to continue or deteriorate, the [F3appropriate authority may make regulations] to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements F4... and provided that any other measures available under this Regulation appear to be insufficient.

F5...

Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or provide for export refunds, or suspend import duties in whole or in part including for certain quantities or periods as necessary.

2.The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I.

[F6However, the appropriate authority may make regulations applying the measures referred to in paragraph 1 to one or more of the products listed in Section 2 of Part XXIV of Annex I.]

[F73.The appropriate authority may make regulations laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article.]

Section 2 U.K. Market support measures related to animal diseases and loss of consumer confidence due to public, animal or plant health risks

Article 220U.K.Measures concerning animal diseases and loss of consumer confidence due to public, animal or plant health risks

[F8A1.This Article does not apply in relation to agricultural producers in England.]

[F9A2.This Article does not apply in relation to agricultural producers in Wales.]

1.The [F10appropriate authority may make regulations] taking exceptional support measures for the affected market in order to take account of:

(a)restrictions on [F11trade within the United Kingdom and international] trade which may result from the application of measures for combating the spread of diseases in animals; and

(b)serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks.

F12...

2.The measures provided for in paragraph 1 shall apply to any of the following sectors:

(a)beef and veal;

(b)milk and milk products;

(c)pigmeat;

(d)sheepmeat and goatmeat;

(e)eggs;

(f)poultrymeat.

The measures provided for in point (b) of the first subparagraph of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to all other agricultural products except those listed in Section 2 of Part XXIV of Annex I.

The [F13appropriate authority may make regulations], extending the list of products in the first two subparagraphs of this paragraph.

F143.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.The measures provided for in point (a) of the first subparagraph of paragraph 1 may be taken only if [F15health and veterinary measures have been taken] to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

F165.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 3 U.K. Specific problems

Article 221U.K.Measures to resolve specific problems

[F18A1.This Article does not apply in relation to agricultural producers in England.]

[F19A2.This Article does not apply in relation to agricultural producers in Wales.]

1.The [F20appropriate authority may make regulations] taking necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. F21...

2.[F22The appropriate authority may make regulations to] resolve specific problems, and on duly justified imperative grounds of urgency, relating to situations likely to cause a rapid deterioration of production and market conditions which could be difficult to address if the adoption of measures were delayedF23....

3.The [F24appropriate authority may make regulations] under paragraph 1 F25... only if it is not possible to adopt the required emergency measures in accordance with Article 219 or 220.

[F264.Regulations made under paragraph 1 or 2 may remain in force for a period not exceeding 12 months.

If it appears to the appropriate authority that the specific problems which led to the making of the regulations under paragraph 1 or 2 will persist beyond the period for which they are in force, the appropriate authority may make further regulations to address the problems. Such regulations may only remain in force for a period not exceeding 12 months.

The power to make further regulations under the second subparagraph may not be exercised more than twice.]

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

Textual Amendments

Section 4 U.K. Agreements and decisions during periods of severe imbalance in markets

Article 222U.K.Application of Article 101(1) TFEU

[F28A1.This Article does not apply in relation to agricultural producers in England.]

[F29A2.This Article does not apply in relation to agricultural producers in Wales.]

[F301.During periods of severe imbalance in markets, the [F31Secretary of State may make regulations to the effect that section 2 of the Competition Act 1998] is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of [F32trade within the United Kingdom], strictly aim to stabilise the sector concerned and fall under one or more of the following categories:]

(a)market withdrawal or free distribution of their products;

(b)transformation and processing;

(c)storage by private operators;

(d)joint promotion measures;

(e)agreements on quality requirements;

(f)joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the [F33United Kingdom] or of inputs necessary to address the effects of natural disasters in the [F33United Kingdom];

(g)temporary planning of production taking into account the specific nature of the production cycle.

[F34Regulations made under this paragraph must specify the substantive and geographic scope of the derogation and the period for which the derogation applies.]

F352.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.

However, the [F36Secretary of State may make regulations] authorising such agreements and decisions for a further period of up to six-months. F37...

Textual Amendments

CHAPTER II U.K. Communications and reporting

Article 223U.K.Communication requirements

1.For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of [F38agricultural support] measures, checking, controlling, monitoring, evaluating and auditing [F38agricultural support] measures, and complying with the requirements laid down in international agreements F39..., including notification requirements under those agreements, the [F40appropriate authority may make regulations adopting] the necessary measures regarding communications to be made by undertakings F41... and third countries. In so doing, it shall take into account the data needs and synergies between potential data sources.

The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.

2.In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the [F42appropriate authority may make regulations] laying down:

(a)the nature and type of information to be notified;

(b)the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries;

(c)the access rights to the information or information systems made available;

(d)the conditions of publication of the information.

3.[F43Any regulations made by the appropriate authority under this Article must include provisions] laying down the measures necessary for the application of this Article, including:

(a)the methods of notification;

(b)rules on the information to be notified;

(c)arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications;

(d)the arrangements for transmitting or making information and documents available to F44... international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets.

F45...

Textual Amendments

Article 224U.K.Processing and protection of personal data

[F461.Personal data collected for the purposes set out in Article 223(1) must not be processed in a way which is incompatible with those purposes.]

2.Where personal data are processed for monitoring and evaluation purposes as referred to in Article 223(1), they shall be made anonymous and shall be processed in aggregated form only.

3.Personal data shall be processed in accordance with [F47Regulation (EU) 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account [F48any statutory minimum retention periods].

4.[F49The relevant authority] shall inform the data subjects that their personal data may be processed [F50by United Kingdom bodies and bodies in the constituent nation] in accordance with paragraph 1 and that in this respect they enjoy the rights set out in, respectively, [F51Regulation (EU) 2016/679 and the Data Protection Act 2018] .

Textual Amendments

Article 225U.K.Reporting obligation of the [F52appropriate authority]

The [F53appropriate authority shall publish a report]:

(a)

every three years [F54on] the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

(b)

F55...

(c)

F55...

(d)

F55...

(e)

[F56by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

(f)

F57...]

Textual Amendments

CHAPTER III U.K. Reserve for crises in the agricultural sector

F58Article 226U.K.Use of the Reserve

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

Yn ôl i’r brig

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