Commission Implementing Regulation (EU) 2017/892Dangos y teitl llawn

SECTION 2 U.K. Checks

Article 22 U.K. Unique identification system

[F1 The Secretary of State must ensure that a unique identification system applies to producer organisations and associations of producer organisations with regard to their aid applications.] This identification system shall be compatible with the system for the identification of beneficiaries referred to in Article 73 of Regulation (EU) No 1306/2013.

Textual Amendments

F1 Words in Art. 22 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 6(5)

[F2 Article 23 U.K. Submission procedures

Without prejudice to Articles 9, 24 and 25, the procedures for the submission of aid applications, requests for approval of operational programmes, and payment claims are those published from time to time by the appropriate authority, and the procedures for the submission of requests for recognition are those published from time to time by the Secretary of State.]

Textual Amendments

F2 Art. 23 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(18), 7(a)

Article 24 U.K. Granting of recognition

1. Prior to granting recognition to a producer organisation or association of producer organisations under Article 154(4)(a) or Article 156(1) of Regulation (EU) No 1308/2013, [F3 the Secretary of State] shall carry out administrative and an on-the-spot checks on the producer organisation or association of producer organisations to verify compliance with the recognition criteria.

2. [F4 The Secretary of State] shall carry out administrative and on-the-spot checks with regard to the recognition criteria which apply to all recognised producer organisations and associations of producer organisations at least once every five years even if the producer organisations or the associations of producer organisations do not implement an operational programme.

Textual Amendments

F3 Words in Art. 24(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 6(7)(a)

F4 Words in Art. 24(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 6(7)(b)

Article 25 U.K. Approval of operational programmes and their amendments

1. Prior to the approval of an operational programme under Article 33 of Delegated Regulation (EU) 2017/891, [F5 the appropriate authority] shall verify, by all the appropriate means, including through on-the-spot checks, the operational programme submitted for approval and the request for amendment, where applicable. Those checks shall in particular concern:

(a) the accuracy of the information referred to in Article 4(1)(a), (b) and (e), which shall be included in the draft operational programme;

(b) compliance of the programme with Article 33 of Regulation (EU) No 1308/2013 as well as with the [F6 strategy and framework referred to in Article 36 of Regulation (EU) No 1308/2013 of the constituent nation concerned];

(c) the eligibility of the actions and the eligibility of the expenditure proposed; and

(d) the consistency and technical quality of the programme, the soundness of the estimates and the aid plan, and the planning of its implementation.

2. The checks referred to in paragraph 1 shall verify whether:

(a) targets are measurable and can be monitored and achieved through the proposed actions; and

(b) the operations for which aid is requested are in compliance with the applicable F7 ... laws in particular, State aid, rural development and promotion programmes, and obligatory standards established by F8 ... legislation or the [F9 strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation concerned].

Textual Amendments

F5 Words in Art. 25(1) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(19)(a)(i), 7(a)

F6 Words in Art. 25(1)(b) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(19)(a)(ii), 7(a)

F7 Words in Art. 25(2)(b) omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(19)(b)(i), 7(a)

F8 Word in Art. 25(2)(b) omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(19)(b)(ii), 7(a)

F9 Words in Art. 25(2)(b) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(19)(b)(iii), 7(a)

Article 26 U.K. Administrative checks

1. The procedures relating to the administrative checks shall require the recording of operations undertaken, the results of the verification and the measures taken in respect of discrepancies.

2. Prior to granting the aid, [F10 the appropriate authority] shall carry out administrative checks on all aid applications.

3. Administrative checks on aid applications shall include, where applicable, a verification of:

(a) the annual report on the execution of the operational programme transmitted together with the aid application;

(b) the value of marketed production, the contributions to the operational fund and the expenditure incurred;

(c) the accurate correlation of expenditure claimed with products and services delivered;

(d) the conformity of the actions undertaken with those included in the approved operational programme; and

(e) the respect of financial or other limits and ceilings imposed.

4. Expenditure incurred under the operational programme shall be supported by proof of payment. Invoices used shall be established in the name of the producer organisation, association of producer organisations or the subsidiary complying with the 90 % requirement referred to in Article 22(8) of Delegated Regulation (EU) 2017/891 or, subject to [F11 approval by the appropriate authority], in the name of one or more of its producer members. However, invoices in respect of the personnel costs referred to in point 2 of Annex III to Delegated Regulation (EU) 2017/891 shall be established in the name of the producer organisation, association of producer organisation, subsidiary complying with the 90 % requirement referred to in Article 22(8) of that Regulation or, subject to [F11 approval by the appropriate authority], cooperatives which are a member of the producer organisation.

Textual Amendments

F10 Words in Art. 26(2) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(20)(a), 7(a)

F11 Words in Art. 26(4) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(20)(b), 7(a)

Article 27 U.K. On-the-spot checks on annual aid applications

1. [F12 The appropriate authority] shall carry out on-the-spot checks at the premises of producer organisations, associations of producer organisations and their subsidiaries, where applicable, to ensure compliance with the conditions for recognition, for granting an aid or the balance thereof for the year concerned as referred to in Article 9(1), which shall supplement the administrative checks.

2. The on-the-spot checks shall relate to a sample representing at least 30 % of the total aid applied for each year. Each producer organisation or association of producer organisations implementing an operational programme shall be visited at least once every three years.

3. [F13 The appropriate authority] shall determine the producer organisations to be checked on the basis of a risk analysis that shall take account of the following criteria:

(a) the amount of aid;

(b) the findings of the checks in previous years;

(c) a random parameter; and

(d) other parameters to be determined by [F14 the appropriate authority].

4. Advance notice of on-the-spot checks may be given, provided that the purpose of the check is not jeopardised.

5. The on-the-spot checks shall cover all the commitments and obligations of the producer organisation or association of producer organisations, its members or subsidiaries, where applicable, which can be checked at the time of the visit and which could not have been checked during the administrative checks. On-the-spot checks shall in particular concern:

(a) the compliance with the recognition criteria for the year concerned;

(b) the implementation of the actions and their consistency with the approved operational programme;

(c) in relation to a relevant number of actions: the compliance of the expenditure with [F15 applicable] law and respect of the deadlines set out therein;

(d) the use of the operational fund, including expenditure declared in claims for advance payments or partial payments, the value of marketed production, the contributions to the operational fund and the expenditure declared as supported by accounting or equivalent documents;

(e) the full delivery of the products by the members, the delivery of the services and the genuineness of the expenditure claimed; and

F16 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. The value of marketed production shall be verified on the basis of the financial accounting system as audited and certified in accordance with [F17 the law as it applies in the relevant constituent nation].

To that end, the [F18 appropriate authority] may decide that the declaration of the value of marketed production shall be certified in the same way as the financial accounting data.

The check on the declaration of the value of marketed production may be carried out before the relevant aid application is transmitted but it shall be carried out at the latest before payment of the aid.

7. Except in exceptional circumstances, the on-the-spot checks shall include a visit to the place where the action is implemented or, if the action is intangible, to the action promoter. In particular, actions on individual holdings of members of producer organisations covered by the sample referred to in paragraph 2 shall be subject of at least one visit to verify their execution.

However, [F19 the appropriate authority] may decide not to carry out such visits for small actions, or where they consider that there is a low risk that the conditions for receiving aid are not fulfilled, or that the operation has not been implemented. The respective decision and its justification shall be recorded. The risk analysis criteria set out in paragraph 3 shall apply mutatis mutandis to this paragraph.

8. Only checks meeting all the requirements of this Article may be counted towards the fulfilment of the checking rate set out in paragraph 2.

9. The results of the on-the-spot checks shall be assessed to establish whether any problems encountered are of a systemic nature, entailing a risk for other similar actions, beneficiaries or bodies. This assessment shall also identify the causes of such situations, any further examination which may be required and the recommended corrective and preventive action.

If the checks reveal significant irregularities in a region or part of a region or for a specific producer organisation or association of producer organisations, the [F20 appropriate authority] shall carry out additional checks during the year in the region or on the organisation or association concerned and shall increase the percentage of corresponding applications to be checked the following year.

Textual Amendments

F12 Words in Art. 27(1) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(a), 7(a)

F13 Words in Art. 27(3) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(b)(i), 7(a)

F14 Words in Art. 27(3)(d) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(b)(ii), 7(a)

F15 Word in Art. 27(5)(c) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(c)(i), 7(a)

F16 Art. 27(5)(f) omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(c)(ii), 7(a)

F17 Words in Art. 27(6) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(d)(i), 7(a)

F18 Words in Art. 27(6) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(d)(ii), 7(a)

F19 Words in Art. 27(7) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(e), 7(a)

F20 Words in Art. 27(9) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(21)(f), 7(a)

Article 28 U.K. Reports of on-the-spot checks

1. [F21 The appropriate authority must produce a detailed report] for each on-the-spot check indicating at least the following information:

(a) the aid scheme and the application checked;

(b) the names and functions of the persons present;

(c) the actions, measures and documents checked, including the audit trail and supporting evidence verified; and

(d) the results of the check.

2. A representative of the producer organisation or association of producer organisations shall be given the opportunity to sign the report to attest his/her presence at the check and to record his/her comments. Where irregularities are found, the beneficiary shall receive a copy of the report.

[F22 3. If the check reveals any non-compliance with the recognition criteria, the producer organisation or association of producer organisations concerned must send a copy of the report to the Secretary of State within 28 days of the date on which the final version of the report is sent to the producer organisation or association of producer organisations.]

Textual Amendments

F21 Words in Art. 28(1) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(22), 7(a)

F22 Art. 28(3) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 6(8)

F23 Article 29 U.K. First-level checks on withdrawal operations

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Textual Amendments

F23 Arts. 29-31 omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(23), 7(a)

F23 Article 30 U.K. Second-level checks on withdrawal operations

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Textual Amendments

F23 Arts. 29-31 omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(23), 7(a)

F23 Article 31 U.K. Green harvesting and non-harvesting

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Textual Amendments

F23 Arts. 29-31 omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(23), 7(a)

F24 Article 32 U.K. Transnational producer organisations

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Textual Amendments

F24 Art. 32 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 6(9)

F25 Article 33 U.K. Transnational associations of producer organisations

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Textual Amendments

F25 Art. 33 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 6(9)

Article 34 U.K. Checks

Without prejudice to specific provisions of this Regulation or other [F26 retained EU law, the appropriate authority must conduct] checks and [F27 take] measures to ensure the proper application of Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 and this Regulation. Those checks and measures shall be effective, proportionate and dissuasive [F28 in order to ensure proper management of public funds].

In particular, [F29 the appropriate authority] shall ensure that:

(a)

[F30 all eligibility criteria established by applicable legislation or by the strategy and framework referred to in Article 36 of Regulation (EU) No 1308/2013 of the constituent nation in which the producer organisation or association of producer organisations (as the case may be) has its head office can be checked;]

(b)

[F31 it has] a sufficient number of suitably qualified and experienced staff to carry out the checks effectively; and

(c)

provision is made for checks to avoid irregular duplicated financing of measures under Regulation (EU) No 1308/2013 in the fruit and vegetables sector and under other [F32 schemes funded in whole or in part by European Union or public funds].

[F33 If a check reveals any non-compliance with the recognition criteria, a detailed report must be made and sent to the Secretary of State in accordance with Article 28.]

Textual Amendments

F26 Words in Art. 34 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(24)(a)(i), 7(a)

F27 Word in Art. 34 inserted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(24)(a)(ii), 7(a)

F28 Words in Art. 34 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(24)(a)(iii), 7(a)

F29 Words in Art. 34 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(24)(b)(i), 7(a)

F30 Words in Art. 34 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(24)(b)(ii), 7(a)

F31 Words in Art. 34 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(24)(b)(iii), 7(a)

F32 Words in Art. 34 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(24)(b)(iv), 7(a)

F33 Words in Art. 34 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 6(10)

[F34 Article 34A U.K. Checks on producer organisations

1. The appropriate authority for the constituent nation in which a producer organisation has its head office must:

(a) organise checks on that organisation in respect of the operational programme and operational fund; and

(b) apply administrative penalties in accordance with Section 3 of Chapter V of Title II of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met.

2. The appropriate authorities for any other constituent nations in which the producer organisation’s members are located must, within any reasonable period provided by the appropriate authority in which the producer organisation has its head office:

(a) provide such administrative assistance and carry out such administrative and on–the-spot checks as are required by that authority; and

(b) report the results of those checks to that authority.

3. In respect of environmental and phytosanitary measures and crisis prevention and management measures, a producer organisation must comply with the rules of the constituent nation where the respective measures and actions take place. In respect of all other matters in relation to the producer organisation and the operational programme and operational fund, the producer organisation must comply with the rules applicable in the constituent nation in which its head office is located.]

Textual Amendments

F34 Arts. 34A, 34B inserted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(25), 7(a)

[F34 Article 34B U.K. Checks on associations of producer organisations

1. The appropriate authority for the constituent nation in which a producer organisation which is a member of an association has its head office must:

(a) organise checks in respect of actions of the operational programme implemented in that constituent nation and of the operational fund;

(b) apply administrative penalties in accordance with Section 3 of Chapter V of Title II of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met;

(c) provide such administrative assistance as is requested by the appropriate authority for the constituent nation in which the association of producer organisations has its head office; and

(d) notify the results of checks it has carried out and administrative penalties it has applied without delay to the appropriate authority for the constituent nation in which the association of producer organisations has its head office.

2. The appropriate authority for the constituent nation in which the association of producer organisations has its head office must:

(a) organise checks in respect of actions of the operational programme implemented at the level of the association and of the operational fund of the association;

(b) apply administrative penalties in accordance with Section 3 of Chapter V of Title II of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met; and

(c) co-ordinate checks and payments in respect of the actions of the operational programme of the association implemented outside the constituent nation where its head office is located.

3. The actions of the operational programmes must comply with the rules and strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation where, in accordance with Article 9(6), the application for aid is submitted.

But environmental and phytosanitary measures and crisis prevention and management measures must comply with the rules of the constituent nation where these measures and actions are actually carried out.]

Textual Amendments

F34 Arts. 34A, 34B inserted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(25), 7(a)

Article 35 U.K. Obvious errors

In cases of obvious errors recognised by the [F35 appropriate authority or the Secretary of State (as the case may be)], as referred to in Article 59(6) of Regulation (EU) No 1306/2013, any notification, claim or request made to [F36 an appropriate authority or the Secretary of State (as the case may be)] under Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 or this Regulation and any aid application may be corrected and adjusted at any time after its submission.

Textual Amendments

F35 Words in Art. 35 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(26)(a), 7

F36 Words in Art. 35 substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 5(26)(b), 7