The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 821

Exiting The European Union

Agriculture

The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019

Made

4th April 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 , makes the following Regulations.

There has been consultation through representative bodies as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M2 .

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Marginal Citations

M1 2018 c.16.

M2 OJ No L 31, 1.2.2002, p.1, as last amended by Commission Regulation (EU) 2017/228 (OJ No L 35, 10.2.2017, p. 10).

PART 1 U.K. Introductory

Citation and commencement U.K.

1.  These Regulations may be cited as the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 2 U.K. Common Market Organisation Amendments

Amendment of Regulation (EU) No 1308/2013 U.K.

2.  Regulation 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products is amended in accordance with regulations 3 to 85.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

3.  In Article 1(1), for “Union legislative acts” substitute “ retained EU law ”.

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

4.  In Article 3—

(a) omit paragraph 2;

(b) in paragraph 5, after point (b) insert—

“(c) ‘appropriate authority’ means:

(i) in relation to:

(aa) England, the Secretary of State;

(bb) Wales, the Welsh Ministers;

(cc) Scotland, the Scottish Ministers;

(dd) Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be; or

(ii) the Secretary of State:

(aa) in relation to Wales, other than in relation to Articles 10, 16, 55 and 225 and [F1 Annexes 4 and 10], if consent is given by the Welsh Ministers;

(bb) in relation to Scotland, if consent is given by the Scottish Ministers;

(cc) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be.

(d) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be.

(e) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(f) a reference to another country or other countries is to be read as including the British Overseas Territories.”.

Textual Amendments

F1 Words in reg. 4(b) substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405), regs. 1(2), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

5.  Omit Article 7.

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

6.  In Article 8, in point (a)—

(a) for “competent authorities of the Member States” substitute “ appropriate authority ”;

(b) for “them” substitute “ it ”.

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

7.  In Article 9, for “Union”, in each place it occurs, substitute “ United Kingdom ”.

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

8.  In Article 10—

(a) in the heading, omit “Union”;

(b) in the first subparagraph, omit “Union”;

(c) in the second subparagraph—

(i) for “Member States” substitute “ the appropriate authority ”;

(ii) omit “Union”.

Commencement Information

I8 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

9.  In Article 11—

(a) for the words from “that” to “Article 20” substitute “ prescribed in legislation made pursuant to Articles 19 or 20 ”;

(b) in points (d) and (e), for “Union” substitute “ United Kingdom ”.

Commencement Information

I9 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

10.  In Article 16—

(a) in paragraph 1, in point (c), for the words from “concluded” to “TFEU” substitute “ to which the United Kingdom is a party ”;

(b) omit paragraph 2;

(c) in paragraph 3, for “Commission” substitute “ appropriate authority ”.

Commencement Information

I10 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

11.  In Article 17, for the words from “to be” to “Article 20” substitute “ prescribed in legislation made pursuant to Articles 18, 19 or 20 ”.

Commencement Information

I11 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

12.  In Article 22, for “competent authorities of Member States” substitute “ relevant authority ”.

Commencement Information

I12 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

13.  In Article 23—

(a) in paragraph 1, for “Union aid shall” substitute “ Aid may ”;

(b) in paragraph 3—

(i) for the words from “Member” to “shall” substitute “ The relevant authority may ”;

(ii) for “national circumstances” substitute “ circumstances in the constituent nation ”;

(c) in paragraph 4, for “their territory, Member States” substitute “ the constituent nation, the relevant authority ”;

(d) in paragraph 5—

(i) in the first subparagraph—

(aa) for “Member States consider” substitute “ the relevant authority considers ”;

(bb) for “they” substitute “ it ”;

(ii) in the second subparagraph, for “Union aid” substitute “ aid referred to in paragraph 1 ”;

(e) in paragraph 6 in the second subparagraph—

(i) for “any Member State” substitute “ the relevant authority ”;

(ii) for the words from “obtaining” to “procedures” substitute “ consulting the public bodies responsible for health and nutrition in the constituent nation ”;

(f) omit paragraph 7;

(g) in paragraph 8, in the first subparagraph—

(i) for the words from the beginning to “level”, in the second place it occurs, substitute “ 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 ”;

(ii) at the end, insert “ Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ”;

(h) in paragraph 9—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) for “their strategies” substitute “ its strategy ”;

(iii) for the second sentence substitute “ In drawing up that list, the relevant authority must consult, where appropriate, the public bodies responsible for health and nutrition in the constituent nation. ”;

(i) in paragraph 10, for “Member States” substitute “ The relevant authority ”;

(j) in paragraph 11—

(i) in the first subparagraph—

(aa) for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

(bb) for “Union” substitute “ United Kingdom ”;

(ii) in the second subparagraph—

(aa) for “Member States” substitute “ The relevant authority ”;

(bb) for “their strategies” substitute “ its strategy ”.

Commencement Information

I13 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

14.  In Article 23a—

(a) in the heading, for “Financing” substitute “ Publicity ”;

(b) omit paragraphs 1 to 7;

(c) in paragraph 8—

(i) for the first sentence substitute “ 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. ”;

(ii) for “Member States”, in the second and third places it occurs, substitute “ The relevant authority ”;

(iii) omit “Union” in the second place it occurs.

Commencement Information

I14 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

15.  Omit Articles 29 to 31.

Commencement Information

I15 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

16.  In Article 32—

(a) in paragraph 1, in point (b)—

(i) omit “Union”;

(ii) after “assistance” insert “ under Article 34 ”;

(iii) for the words from “to be” to “Article 38” substitute “ specified in legislation made pursuant to Article 37 or 38 ”;

(b) in paragraph 2, for “Member States” substitute “ the relevant authority ”.

Commencement Information

I16 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

17.  In Article 33—

(a) in paragraph 1—

(i) in point (f), omit the words from “including” to the end;

(ii) in the second subparagraph, for “Member States for their approval” substitute “ relevant authority for its approval ”;

(b) in paragraph 2, in the second subparagraph, for “Member States” substitute “ relevant authority ”;

(c) in paragraph 3—

(i) omit point (a);

F2 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) omit points (e) to (g);

(iv) omit point (i);

(v) in the fifth subparagraph, omit “Union”;

(d) omit paragraph 4;

(e) in paragraphs 5 and 6, for “Member States” substitute “ The relevant authority ”.

Textual Amendments

F2 Reg. 17(c)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(2)

Commencement Information

I17 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

18.  In Article 34—

(a) in the heading and in paragraphs 1 and 2, omit “Union”;

(b) in paragraph 3, omit points (a) and (g);

(c) omit paragraph 4.

Commencement Information

I18 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

19.  In Article 36—

(a) in the heading, for “National framework and national” substitute “ Framework and ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States shall establish a national framework” substitute “ The relevant authority must ensure that there is a framework in place in respect of the constituent nation ”;

(bb) at the end, insert “ Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole. ”;

(ii) omit the second subparagraph;

(c) in paragraph 2—

(i) in the first subparagraph, for the first sentence substitute “ 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. ”;

(ii) in the second subparagraph, omit “national” in both places it occurs;

(d) omit paragraph 3.

Commencement Information

I19 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

20.  Omit Articles 39 to 54.

Commencement Information

I20 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

21.  In Article 55—

(a) in the heading, for “National programmes” substitute “ Programmes ”;

(b) in paragraph 1—

(i) for “Member States” substitute “ the appropriate authority ”;

(ii) for “national programmes for the apiculture sector” substitute “ programmes for the apiculture sector in the constituent nation ”;

(c) omit paragraph 2;

(d) in paragraph 3—

(i) for the words from the beginning to “shall” substitute “ Before drawing up a programme under paragraph 1, the appropriate authority must ”;

(ii) for “their territory” substitute “ the constituent nation ”;

(e) in paragraph 4, in point (e), omit “in the Union”.

Commencement Information

I21 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

22.  Omit Articles 58 to 72.

Commencement Information

I22 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F3 23.   In Article 74, for “the Union” substitute “Great Britain”.]

Textual Amendments

F3 Reg. 23 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(3)

Commencement Information

I23 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F4 24.   In Article 76(3), for “the Union” substitute “Great Britain”.]

Textual Amendments

F4 Reg. 24 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(4)

Commencement Information

I24 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F5 25.   In Article 77(1), for “the Union” substitute “Great Britain”.]

Textual Amendments

F5 Reg. 25 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(5)

Commencement Information

I25 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F6 26.   In Article 78(2), for “the Union” substitute “Great Britain”.]

Textual Amendments

F6 Reg. 26 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(6)

Commencement Information

I26 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

27.  In Article 80—

[F7 (a) in paragraph 1, for “the Union”, in both places it occurs, substitute “Great Britain”;]

(b) in paragraph 2—

(i) in the first subparagraph—

[F8 (aa) for “the Union”, in the first place it occurs, substitute “Great Britain”;]

(bb) omit point (a);

(cc) in point (b), omit “national”;

[F9 (ii) in the second subparagraph, for “Member States” substitute “and provided the relevant authorities in Wales and Scotland agree, the Secretary of State”;]

(c) in paragraph 3, for “Commission” substitute “ Secretary of State ”.

Textual Amendments

F7 Reg. 27(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(7)(a)

F8 Reg. 27(b)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(7)(b)

F9 Reg. 27(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(7)(c)

Commencement Information

I27 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

28.  In Article 81—

[F10 (a) in paragraph 1, for “the Union” substitute “Great Britain”;]

(b) in paragraph 2—

(i) omit the first subparagraph;

(ii) in the second subparagraph, for “classified by Member States” substitute “ planted, replanted or grafted for the purposes of wine production ”;

(iii) omit the third subparagraph;

(c) for paragraph 3 substitute—

“3.   If wine production in the [F11 Great Britain] exceeds 50,000 hectolitres per wine year, calculated on the basis of the average production during the last five wine years, the Secretary of State shall classify which wine grape varieties meeting the conditions in paragraph 2 may be planted, replanted or grafted in the [F11 Great Britain] for the purposes of wine production. The Secretary of State must take into account any views of the relevant authorities for [F12 Wales and Scotland] when classifying wine grape varieties.”;

(d) for paragraph 4 substitute—

“4.   By way of derogation from paragraphs 2 and 3, the planting, replanting or grafting of wine grape varieties which do not comply with those paragraphs is allowed for scientific research and experimental purposes.”.

Textual Amendments

F10 Reg. 28(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(8)(a)

F11 Words in reg. 28(c) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(8)(b)(i)

F12 Words in reg. 28(c) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(8)(b)(ii)

Commencement Information

I28 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

29.  In Article 83—

(a) in the heading, omit “National”;

(b) in paragraph 1—

(i) for “Member States may adopt or maintain national” substitute “ nothing in this Regulation prevents the appropriate authority [F13 in relation to England, Wales or Scotland] from adopting or maintaining ”;

(ii) omit the second subparagraph;

(c) in paragraph 2, for the words from the beginning to “territory” substitute “ Nothing in this Regulation prevents the Secretary of State, provided [F14 the relevant authorities in Wales and Scotland agree], from limiting or prohibiting the use of certain oenological practices or providing for more stringent rules for wine production ”;

[F15 (d) in paragraph 3, for “Member States” substitute “The relevant authorities in England, Wales and Scotland”;]

(e) omit paragraph 5.

Textual Amendments

F13 Words in reg. 29(b)(i) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(9)(a)

F14 Words in reg. 29(c) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(9)(b)

F15 Reg. 29(d) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(9)(c)

Commencement Information

I29 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

30.  In Article 87(1)—

(a) in point (c), omit “in several Member States”;

(b) in point (d), omit “Directive 2000/13/EC of the European Parliament and of the Council or”;

(c) for “Commission” substitute “ appropriate authority [F16 in England, Wales or Scotland]”.

Textual Amendments

F16 Words in reg. 30(c) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(10)

Commencement Information

I30 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

31.  Omit Article 88(2).

Commencement Information

I31 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

32.  In Article 90—

(a) for “concluded in accordance with the TFEU”, in both places it occurs, substitute “ to which the United Kingdom is a party ”;

[F17 (b) in paragraph 1, for “the Union” substitute “Great Britain”;]

(c) in paragraph 2, omit “by the Union”;

(d) after paragraph 2 insert—

“2A.   By way of derogation from paragraph 2, products referred to in paragraph 1:

(a) which are produced before [F18 IP completion day], or which are still in the finishing process immediately before [F18 IP completion day], may be placed or remain on the market until stocks are exhausted provided that they are produced in accordance with oenological practices authorised pursuant to this Regulation as it had effect immediately before [F18 IP completion day];

(b) other than products falling within point (a), which are imported into [F19 Great Britain] on or before [F20 IP completion day], may be produced in accordance with oenological practices authorised pursuant to this Regulation as it had effect immediately before [F18 IP completion day].”.

Textual Amendments

F17 Reg. 32(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(11)(a)

F18 Words in reg. 32(d) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(11)(b)(i)

F19 Words in reg. 32(d) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(11)(b)(ii)(aa)

F20 Words in reg. 32(d) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(11)(b)(ii)(bb)

Commencement Information

I32 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

33.  In Article 93—

(a) in paragraph 3—

(i) for “third” substitute “ other ”;

[F21 (ii) for “the Union” substitute “Great Britain”;]

(b) in paragraph 5, omit “Member State or third”.

Textual Amendments

F21 Reg. 33(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(12)

Commencement Information

I33 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

34.  In Article 94—

(a) in paragraph 2, for point (h) substitute—

“(h) any applicable legislative requirements;”;

(b) in paragraph 3, for “a third” substitute “ another ”.

Commencement Information

I34 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

35.  Omit Article 96.

Commencement Information

I35 Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

36.  In Article 98—

(a) in the first paragraph—

(i) omit “Member State or third”;

(ii) omit the words from “and resident” to “country”, in the second place it occurs;

(iii) for “Commission” substitute “ Secretary of State ”;

(b) in the second paragraph—

(i) for “third countries” substitute “ another country ”;

(ii) omit “third”, in the second place it occurs.

Commencement Information

I36 Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

37.  In Article 100, omit paragraphs 2 and 3.

Commencement Information

I37 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

38.  In Article 101(1)—

(a) in the second subparagraph, omit “in the Union”;

(b) in the third subparagraph—

(i) in point (a), omit “in the Union”;

(ii) in point (b), omit “Union or national”.

Commencement Information

I38 Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

39.  In Article 102—

(a) in paragraph 1, in point (a), for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2—

[F22 (i) for “the territory of the Union” substitute “Great Britain”;]

(ii) for the words from “Directive” to the end substitute “ the Trade Marks Act 1994 M3 ”.

Textual Amendments

F22 Reg. 39(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(13)

Commencement Information

I39 Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 1994 c. 26.

[F23 40.   In Article 103(3), for “the Union” substitute “Great Britain”.]

Textual Amendments

F23 Reg. 40 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(14)

Commencement Information

I40 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

41.  In Article 104—

(a) for “Commission” substitute “ Secretary of State ”;

(b) for “third” substitute “ other ”;

[F24 (c) for “the Union” in the first place it occurs, substitute “Great Britain”;

(d) for “the Union” in the second place it occurs, substitute “the United Kingdom”.]

Textual Amendments

F24 Reg. 41(c)(d) substituted for reg. 41(c) (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(15)

Commencement Information

I41 Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

42.  Omit Article 108.

Commencement Information

I42 Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

43.  In Article 112—

(a) omit “in Member States”;

(b) in point (a), for “Union or national law” substitute “Article 99 or is included in the register established under Article 104”.

Commencement Information

I43 Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F25 44.   In Article 113(3), for “the Union” substitute “Great Britain”.]

Textual Amendments

F25 Reg. 44 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(16)

Commencement Information

I44 Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

45.  In Article 118—

(a) for the first paragraph substitute—

“Save as otherwise provided for in this Regulation, the Food (Lot Marking) Regulations 1996 M4 , F26 ... the Weights and Measures (Intoxicating Liquor) Order 1988 M5 , F27 ... the Weights and Measures (Miscellaneous Foods) Order 1988 M6 , F28 ... the Trade Marks Act 1994 and Regulation (EU) No 1169/2011 apply to labelling and presentation.”;

(b) in the second subparagraph, omit “Directive 2000/13/EC or”.

Textual Amendments

F26 Words in reg. 45(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(17)(a)

F27 Words in reg. 45(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(17)(b)

F28 Words in reg. 45(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(17)(c)

Commencement Information

I45 Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 S.I. 1996/1502 as amended by S.I. 2011/1043. S.I. 1996/1502 is also amended in relation to England by S.I. 2014/1855, in relation to Wales by S.I. 2014/2303 and 2018/806 and, in relation to Scotland by S.S.I 2014/312.

M5 S.I. 1988/2039 as amended by S.I. 1990/1550, 1994/1883, 1994/2868, 2009/663, 2011/1043, 2011/2331, 2011/2936, 2013/3235 and 2014/2975.

M6 S.I. 1988/2040 as amended by S.I. 1990/1550, 1994/2868, 2005/3057, 2006/659, 2009/663, 2011/2331 and 2014/2975.

46.  In [F29 Article 119]—

[F30 (a) “in paragraph 1, for “the Union” substitute “Great Britain”;]

(b) after paragraph 3 insert—

“4.   By way of derogation, products referred to in paragraph 1:

(a) which are produced before [F31 IP completion day], or which are still in the finishing process immediately before [F31 IP completion day], may be placed or remain on the market until stocks are exhausted, provided that the labelling and presentation of those products complies with this Regulation as it had effect immediately before [F31 IP completion day];

(b) other than those falling within point (a), which are imported into the United Kingdom [F32 before the end of the period of 21 months beginning on the day on which IP completion day falls], may be marketed if the labelling and presentation of those products complies with this Regulation as it had effect immediately before [F31 IP completion day].”.

Textual Amendments

F29 Words in reg. 46 substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

F30 Reg. 46(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(18)(a)

F31 Words in reg. 46(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(18)(b)(i)

F32 Words in reg. 46(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(18)(b)(ii)

Commencement Information

I46 Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

47.  In Article 120—

(a) in paragraph 1, in point (e), for “the Union symbol” substitute “ any symbol established by the Secretary of State under Article 12 of Regulation (EU) No 1151/2012 ”;

(b) for paragraph 2 substitute—

“2.   Without prejudice to Article 100(3), in the case of wines without a protected designation [F33 of] origin or a protected geographical indication, the information referred to in points (a) and (b) of paragraph 1 must be verified in accordance with guidance approved by each relevant authority and issued by the Secretary of State.”.

Textual Amendments

F33 Word in reg. 47(b) substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I47 Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

48.  In Article 121—

(a) for “one or more official language of the Union” F34 ... substitute “ English, and may also appear in another language ”;

[F35 (aa) for “one or more official languages of the Union” substitute “ English, and may also appear in another language ”;]

(b) after paragraph 2, insert—

“3.   Paragraph 1 does not apply to any products imported into [F36 Great Britain] [F37 before the end of the period of 21 months beginning on the day on which IP completion day falls] if they comply with the requirements of this Article as it had effect immediately before [F38 IP completion day].”.

Textual Amendments

F34 Words in reg. 48(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812), regs. 1, 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F35 Reg. 48(aa) inserted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812), regs. 1, 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in reg. 48(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(19)(a)

F37 Words in reg. 48(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(19)(b)

F38 Words in reg. 48(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(19)(c)

Commencement Information

I48 Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

49.  Omit Article 124.

Commencement Information

I49 Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

50.  In Article 125—

(a) in paragraph 1, for “Union”, in both places it occurs, substitute “ United Kingdom ”;

(b) in paragraph 2, for the words from “authorities” to the end substitute “ authority ”.

Commencement Information

I50 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

51.  Omit Articles 127 to 145.

Commencement Information

I51 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

52.  In Article 146—

(a) in paragraph 1—

(i) for “Member States”, in both places it occurs, substitute “ the Secretary of State ”;

(ii) omit “Union”;

(iii) at the end insert “ Any designation under this paragraph must be agreed by the relevant authorities for Wales, Scotland and Northern Ireland. ”;

(b) for paragraph 2 substitute—

“2.   The Secretary of State shall publish the names and addresses of the authorities and laboratories referred to in paragraph 1 and shall update them periodically.”.

Commencement Information

I52 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F39 53.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Reg. 53 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(20)

54.  In Article 167—

(a) in paragraph 1—

(i) for the words from the beginning to “lay” substitute “ Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland, from laying ”;

(ii) at the end of the first subparagraph, insert “ Any such rules must be made with a view to improving and stabilising the operation of the market in wines, including the grapes, musts and wines from which they derive. ”;

(iii) in point (d), omit “national and Union”;

(b) omit paragraphs 2 and 3.

Commencement Information

I53 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

55.  Omit Article 172.

Commencement Information

I54 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

56.  Omit Article 175.

Commencement Information

I55 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

57.  In Article 190, in paragraph (1)—

(a) for “third” substitute “other”;

[F40 (b) for “the Union” substitute “Great Britain”.]

Textual Amendments

F40 Reg. 57(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(21)

Commencement Information

I56 Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

58.  Omit Articles 192 and 193.

Commencement Information

I57 Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

59.  In Article 196(1)—

(a) for “concluded in accordance with the TFEU” substitute “ to which the United Kingdom is a party ”;

(b) for “Union” substitute “ United Kingdom ”;

(c) in point (b) for “Council Regulation (EC) No 1216/2009” substitute “ Regulation (EU) No 510/2014 ”.

Commencement Information

I58 Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

60.  In Article 197, in point (a), for “Union” substitute “ United Kingdom ”.

Commencement Information

I59 Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

61.  In Article 198(1)—

(a) for “Union” substitute “ of the United Kingdom ”;

(b) for the words from “concluded” to “TFEU” substitute “ to which the United Kingdom is a party ”.

Commencement Information

I60 Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

62.  In Article 199(3), for point (a) substitute—

“(a) the products have been exported from the United Kingdom in accordance with the applicable export provisions, as construed in accordance with section 35(2) of the Taxation (Cross-border) Trade Act 2018 M7 ;”.

Commencement Information

I61 Reg. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 2018 c. 22.

63.  In Article 200, for “Union” substitute “ retained EU ”.

Commencement Information

I62 Reg. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

64.  In Article 201, for “concluded in accordance with the TFEU” substitute “ to which the United Kingdom is a party ”.

Commencement Information

I63 Reg. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

65.  In Article 206—

(a) in the heading, omit “Commission guidelines on”;

(b) for the first paragraph substitute—

“Save as otherwise provided in this Regulation and subject, in particular, to Articles 207 to 210 of this Regulation, the Competition Act 1998 M8 shall apply to all agreements, decisions and practices referred to in sections 2(1) and 18(1) of that Act which relate to the production of, or trade in, agricultural products.”;

(c) omit the second and third paragraphs.

Commencement Information

I64 Reg. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M8 1998 c. 41.

66.  In Article 209—

(a) in the heading, for “of the CAP” substitute “ set out in Article 39 TFEU ”;

(b) in paragraph 1, in the first and second subparagraphs, for “Article 101(1) TFEU” substitute “ Section 2(1) of the Competition Act 1998 ”;

(c) in paragraph 2—

(i) in the second subparagraph, for “Commission” substitute “ Competition and Markets Authority ”;

(ii) in the third subparagraph—

(aa) for “Commission”, in both places it occurs, substitute “ Competition and Markets Authority ”;

(bb) omit the words from “, at its” to “State,”;

(iii) in the fourth subparagraph—

(aa) omit “national or Union”;

(bb) for “Article 101 TFEU” substitute “ section 2 of the Competition Act 1998 ”;

(cc) for “Article 101(1) TFEU” substitute “ section 2(1) of the Competition Act 1998 ”.

Commencement Information

I65 Reg. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

67.  In Article 210—

(a) in paragraph 1, for “Article 101(1) TFEU” substitute “ Section 2(1) of the Competition Act 1998 ”;

(b) in paragraph 2—

(i) in point (a), for “Commission” substitute “ Competition and Markets Authority ”;

(ii) in point (b)—

(aa) for “Commission” substitute “ Competition and Markets Authority ”;

(bb) for “Union rules” substitute “ any applicable legislation ”;

(iii) in the second subparagraph—

(aa) for “Commission” substitute “ Competition and Markets Authority ”;

(bb) for “Union rules” substitute “ any applicable legislation ”;

(cc) omit the words from “without” to the end;

(c) in paragraph 4—

(i) in the introductory words, for “Union rules” substitute “ any applicable legislation ”;

(ii) in point (a), for “Union” substitute “ United Kingdom ”;

(iii) in point (c), for “of the CAP” substitute “ set out in Article 39 TFEU which are ”;

(d) in paragraph 5—

(i) in the first subparagraph—

(aa) for “Commission” substitute “ Competition and Markets Authority ”;

(bb) omit from “, without” to “(3),”;

(cc) for “Article 101(1) TFEU” substitute “ section 2(1) of the Competition Act 1998 ”;

(ii) in the second subparagraph, for “That Commission decision” substitute “ That decision of the Competition and Markets Authority ”;

(e) in paragraph 6—

(i) for “Commission” substitute “ Competition and Markets Authority ”;

(ii) omit from “, on” to “State,”;

(f) omit paragraph 7.

Commencement Information

I66 Reg. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F41 68.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Reg. 68 omitted (31.12.2020 immediately before IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(4), Sch. 2 para. 18(2) (with Sch. 3)

69.  Omit Articles 212 to 214a.

Commencement Information

I67 Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

70.  In Article 215—

(a) in the heading, omit “National”;

(b) for “Member States” substitute “ The relevant authority ”;

(c) omit “national”.

Commencement Information

I68 Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

71.  Omit Article 216.

Commencement Information

I69 Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

72.  In Article 217—

(a) in the heading, omit “National”;

(b) for “Member States”, in each place it occurs, substitute “ The relevant authority ”;

(c) omit “national”.

Commencement Information

I70 Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

73.  In Article 218—

(a) in the heading, omit “National”;

(b) in paragraph 1—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) omit “national”;

(c) for paragraph 2 substitute—

“2.   The relevant authorities between them may not make payments under paragraph 1 in respect of more than 100 hectares per year.”;

(d) in paragraph 3—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) omit “national”.

Commencement Information

I71 Reg. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

74.  In Article 224—

(a) for paragraph 1 substitute—

“1.   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.”;

(b) in paragraph 3—

(i) for “Directive 95/46/EC and Regulation (EC) No 45/2001”, substitute “ Regulation (EU) 2016/679 and the Data Protection Act 2018 M9 ”;

(ii) for the words from “the minimum” to the end, substitute “ any statutory minimum retention periods ”;

(c) in paragraph 4—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) for “by national and Union bodies”, substitute “ by United Kingdom bodies and bodies in the constituent nation ”;

(iii) for the words from “Directive” to the end, substitute “ Regulation (EU) 2016/679 and the Data Protection Act 2018 ”.

Commencement Information

I72 Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M9 2018 c. 12.

75.  In Article 225—

(a) in the heading, for “Commission” substitute “ appropriate authority ”;

(b) for the words from “Commission” to “Council”, substitute “ appropriate authority shall publish a report ”;

(c) in point (a), for “and for the first time by 21 December 2016” substitute “ on ”;

(d) omit points (b), (c), (d) and (f).

Commencement Information

I73 Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

76.  Omit Article 226.

Commencement Information

I74 Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

77.  Omit Articles 231 and 232.

Commencement Information

I75 Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

78.  After Article 232, omit the words from “This Regulation” to “States”.

Commencement Information

I76 Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

79.  In Annex 2, in Part 2, omit Section B.

Commencement Information

I77 Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

80.  In Annex 4—

(a) in the heading, omit “Union”;

(b) in Section A—

(i) in the heading, omit “Union”;

(ii) in part 3 (Classification), in paragraph 2, in the second subparagraph, for “Member States are authorised to” substitute “ The [F42 appropriate] authority may ”;

(iii) in part 5 (Classification and identification)—

(aa) in the first paragraph, omit “Union”;

(bb) in the second paragraph, for “Member States” substitute “ the [F43 appropriate] authority ”;

(c) in Section B—

(i) in the heading, omit “Union”;

(ii) in part 4 (Lean-meat content), in paragraph 1, for “Commission” substitute “ [F44 appropriate] authority ”;

(iii) in part 5 (Identification of carcasses)—

(aa) for “by the Commission” substitute “ in retained EU law ”;

(bb) omit “Union”;

(d) in Section C—

(i) in the heading, omit “Union”;

[F45 (ii) in part 4 (Presentation), in the second paragraph—

(aa) for “Member States are authorised to” substitute “ The appropriate authority may ”;

(bb) for “refeence” substitute “ reference ”;]

(iii) in part 5 (Identification of carcasses), omit “Union”.

Textual Amendments

F42 Word in reg. 80(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405), regs. 1(2), 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Word in reg. 80(b)(iii)(bb) substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405), regs. 1(2), 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F44 Word in reg. 80(c)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405), regs. 1(2), 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F45 Reg. 80(d)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405), regs. 1(2), 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I78 Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

81.  Omit Annex 6.

Commencement Information

I79 Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

82.—(1) Annex 7 is amended in accordance with paragraphs (2) to (12).

(2) In the introductory wording, omit the words from “under” to “name”, in the second place it occurs.

(3) In Part 1—

(a) in point 3 (Sales descriptions)—

(i) in paragraph 1—

[F46 (aa) for “the Member States” substitute “Great Britain”;]

(bb) omit “laid down for each Member State”;

(cc) in points A and B, omit all entries except for the entry for the United Kingdom;

[F47 (dd) in points A and B, for “United Kingdom” substitute “Great Britain”;]

(ii) in paragraph 3, in the second subparagraph, for the words from “terms” to “teletina” substitute “ term “veal” ”;

(b) in point 4 (Compulsory indication on the label)—

(i) in paragraph 1, omit “Directive 2000/13/EC”;

(ii) in paragraph 2, for the words from “Member” to the end substitute “ the information referred to in paragraph 1 must be indicated in accordance with the legislation applying in [F48 England, Wales or Scotland, as the case may be] M10 ”;

(c) in point 6 (Official checks)—

(i) omit paragraph 1;

(ii) in paragraph 2, after “authorities” insert “ designated by the relevant authority [F49 in England, Wales or Scotland] ”;

(iii) for paragraph 3 substitute—

“3.   The competent authorities shall carry out on the spot checks to ensure that the provisions of this Annex are being implemented. Where required, those checks shall be carried out jointly with the [F50 experts of the relevant authority in England, Wales or Scotland].”;

(iv) omit paragraph 4;

(v) in paragraph 5, for “third” in both places where it occurs substitute “ other ”.

(4) In Part 2—

(a) in point (1)—

(i) in the second subparagraph—

(aa) in point (a), omit the words from “provided” to the end;

(bb) in point (c), in the first indent, for the words from “certain” to “pursuant to” substitute “ wine growing areas specified under ”;

(cc) in point (d), for the words from “which” to “pursuant to” substitute “ provided for under ”;

(ii) omit the third and fourth subparagraphs;

(iii) in the fifth subparagraph—

(aa) for “Member States” substitute “ the Secretary of State ”;

(bb) after “may” insert “ , with the agreement of the relevant authorities for [F51 Wales and Scotland], ”;

(b) in point (3)—

(i) in point (b), for the words from “a list” to “acts” substitute “ any list drawn up ”;

(ii) in point (c), in the fourth indent, for the words from “to be” to “pursuant to” substitute “specified under”;

(iii) in points (d) and (f), for the words from “a list” to “acts” substitute “ any list drawn up ”;

(c) in point (6)(a)—

(i) for the words from “a list” to “acts” substitute “ any list drawn up ”;

(ii) for the words from “shall” to “pursuant to in” substitute “ are as specified under ”;

(d) in point (12), for the words from “certain” to “acts” substitute “ wines specified ”;

(e) in point (16), omit the second subparagraph.

(5) In Part 3—

(a) in paragraph 2(b), omit “Article 5 of Directive 2000/13/EC or”;

(b) in paragraph 6, in the second subparagraph, omit “Directive 2000/13/EC or”.

(6) In Part 4—

(a) in point 2 (Delivery or sale to the final consumer), in paragraph 3, for the words from the beginning to “consumers of” substitute “ The appropriate authority [F52 in England, Wales or Scotland] must ensure there is information available to consumers regarding ”;

(b) in point 3 (Drinking milk)—

(i) in paragraph 1(b)(i), for “Member States may provide” substitute “ nothing in this Regulation prevents the appropriate authority [F53 in England, Wales or Scotland] from providing ”;

(ii) in paragraph 2, in the third subparagraph, for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority [F53 in England, Wales or Scotland] from using any power the authority has to ”.

(7) In Part 5—

[F54 (a) in point 1, for “the Union” substitute “Great Britain”;]

(b) in point 2—

(i) in paragraph (2), for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority [F55 in England, Wales or Scotland] from using any power the authority has to ”;

(ii) in paragraph (6), in the second subparagraph, for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority [F55 in England, Wales or Scotland] from using any power the authority has to ”.

(8) In Part 6—

(a) in point 1 (Scope)—

(i) in paragraph 1—

[F56 (aa) for “the Union”, in the first and second places it occurs, substitute “Great Britain”;

(bb) for “third” substitute “other”;

(cc) for “the Union” in the third place it occurs, substitute “Great Britain or movement to Northern Ireland”;]

(ii) in paragraph 2—

(aa) in the first subparagraph, for “Member States may” substitute “ Nothing in this Regulation prevents the appropriate authority [F57 in England, Wales or Scotland] from using any power the authority has to ”;

(bb) in point (b), omit “of the Member State concerned”;

(cc) omit the third subparagraph;

(b) in point 3 (Marking of eggs)—

(i) in paragraph 1, for the third subparagraph substitute—

“Nothing in this Regulation prevents the appropriate authority [F58 in England, Wales or Scotland] from using any power the authority has to exempt Class B eggs from this requirement where those eggs are marketed F59 ... in [F60 Great Britain].”;

(ii) in paragraph 3—

(aa) in the first subparagraph, omit “of the Member State concerned”;

(bb) in the second subparagraph, for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority [F61 in England, Wales or Scotland] from using any power the authority has to ”.

(9) In Part 7, in point 2 (Terminology), in paragraph 3, in the first subparagraph—

(a) for the words from “By” to “addition,” substitute “ Nothing in this Regulation prevents ”;

(b) for “may be” substitute “ being ”.

(10) In Part 8—

(a) in the introductory wording—

[F62 (i) for “the Union” substitute “Great Britain”;]

(ii) for “third” substitute “other”;

(b) omit “by the Commission” in each place it occurs.

(11) Omit Appendix 1.

(12) In Appendix 2, omit the footnotes to the table.

Textual Amendments

F46 Reg. 82(3)(a)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(23)(a)(i)

F47 Reg. 82(3)(a)(i)(dd) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(23)(a)(ii)

F48 Words in reg. 82(3)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(23)(b)

F49 Words in reg. 82(3)(c)(ii) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(23)(c)(i)

F50 Words in reg. 82(3)(c)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(23)(c)(ii)

F51 Words in reg. 82(4)(a)(iii)(bb) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(24)

F52 Words in reg. 82(6)(a) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(25)(a)

F53 Words in reg. 82(6)(b) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(25)(b)

F54 Reg. 82(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(26)(a)

F55 Words in reg. 82(7)(b) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(26)(b)

F56 Reg. 82(8)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(27)(a)(i)

F57 Words in reg. 82(8)(a)(ii)(aa) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(27)(a)(ii)

F58 Words in reg. 82(8)(b)(i) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(27)(b)(i)(aa)

F59 Word in reg. 82(8)(b)(i) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(27)(b)(i)(bb)

F60 Words in reg. 82(8)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(27)(b)(i)(cc)

F61 Words in reg. 82(8)(b)(ii)(bb) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(27)(b)(ii)

F62 Reg. 82(10)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(28)

Commencement Information

I80 Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M10 The requirements are set out in S.I. 2010/983 for England, S.I. 2018/1188 for Wales, S.S.I 2010/402 for Scotland as amended by S.S.I 2019/XXXX and S.R. 2010/155 for Northern Ireland, as amended by S.R. 2014/92 and S.R.2018/191.

83.—(1) Annex 8 is amended in accordance with paragraphs (2) and (3).

(2) In Part 1—

(a) in Section A—

(i) in paragraph 1, for the words from “in certain” to “concerned”, substitute “ , the Secretary of State, with the agreement of the relevant authorities for [F63 Wales and Scotland], ”;

(ii) in paragraph 2, for the words from “the following” to the end substitute “ 3% volume ”;

(iii) in paragraph 3—

(aa) for “Member States”, in the first place it occurs, substitute “ Secretary of State, with the agreement of the relevant authorities for [F63 Wales and Scotland], ”;

(bb) omit the second sentence;

(b) in Section B—

(i) in paragraph 3, omit the words from “and only” to the end;

(ii) in paragraph 4, omit the words from “in wine-growing zone A” to the end;

(iii) in paragraph 6, for the words from “wine”, in the second place it occurs, to the end substitute “ wine to more than 11.5% volume ”;

(iv) in paragraph 7—

(aa) for the words from “By way of” to “may” substitute “ Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for [F63 Wales and Scotland], from ”;

(bb) for “raise”, in both places it occurs, substitute “ raising ”;

(cc) in point (a), omit the words from “in wine-growing zone A” to the end;

(dd) in point (b), for “Member States” substitute “ the Secretary of State ”;

(c) in Section C—

(i) in paragraph 1, for the words from “subject to” to the end, substitute “ subject to de-acidification ”;

(ii) in paragraph 6—

(aa) for “Member States” substitute “ the Secretary of State, with the agreement of the relevant authorities for [F63 Wales and Scotland], ”;

(bb) omit “in wine-growing zones A and B”;

(iii) in paragraph 7, for the words from “except” to “pursuant to” substitute “ subject to any exceptions made under ”;

(d) in Section D—

(i) in paragraph 1, for the words from “to be” to “pursuant to” substitute “ prescribed under ”;

[F64 (ii) in paragraph 2, for the words from “the wine-growing” to the end substitute “Great Britain”;]

(iii) in paragraph 3, omit “and in the wine-growing zone”;

(iv) in paragraph 4, for the words from “to be” to “pursuant to” substitute “ prescribed under ”;

(v) in paragraph 6—

(aa) omit point (a);

(bb) in point (b), omit “in wine-growing zones A and B”.

(3) In Part II—

(a) in Section B—

(i) in paragraph 1, omit the second sentence;

[F65 (ii) “in paragraph 2, for “the territory of the Union” substitute “Great Britain”;]

(iii) in paragraph 3—

(aa) omit “, Ireland, Poland and”;

(bb) for “Member States” substitute “ the Secretary of State, with the agreement of the relevant authorities for [F66 Wales and Scotland], ”;

[F67 (cc) for “the United Kingdom” substitute “Great Britain”;]

(iv) omit paragraph 4;

(v) in paragraph 5—

(aa) for “third” substitute “ other ”;

[F68 (bb) “for “the territory of the Union” substitute “Great Britain”;]

(b) in Section C—

(i) for “a third” substitute “ another ”;

[F69 (ii) “for “a Union” substitute “a Great Britain”;]

(iii) for “third”, in the second place it occurs, substitute “ other ”;

[F70 (iv) for “the Union” substitute “Great Britain”;]

(c) in Section D—

(i) in paragraph 1, for “Member States”—

(aa) in the first place it occurs, substitute “ The Secretary of State, with the agreement of the relevant authorities for [F66 Wales and Scotland], ”;

(bb) in the second place it occurs, substitute “ [F71 the relevant authorities for England, Wales and Scotland] ”;

(ii) in paragraph 2, omit the second sentence;

(iii) in paragraph 4, for “Member State concerned” substitute “ Secretary of State, with the agreement of the relevant authorities for [F66 Wales and Scotland] ”;

(iv) in paragraph 5—

(aa) for the words from “Without” to “any” substitute “ Any ”;

(bb) for the words from “to be” to “pursuant to” substitute “ prescribed under ”.

Textual Amendments

F63 Words in reg. 83(2) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(30)(a)

F64 Reg. 83(2)(d)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(30)(b)

F65 Reg. 83(3)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(31)(b)

F66 Words in reg. 83(3) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(31)(a)

F67 Reg. 83(3)(a)(iii)(cc) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(31)(c)

F68 Reg. 83(3)(a)(v)(bb) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(31)(d)

F69 Reg. 83(3)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(31)(e)(i)

F70 Reg. 83(3)(b)(iv) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(31)(e)(ii)

F71 Words in reg. 83(3)(c)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 9(31)(f)

Commencement Information

I81 Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

84.  In Annex 10—

F72 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in Point 11—

(i) in paragraph 2, for “Union rules” substitute “ any applicable legislation ”;

(ii) in paragraph 3, for “Union” substitute “ national ”.

Textual Amendments

F72 Reg. 84(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(2), 9; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I82 Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

85.  Omit Annexes 11 to 13.

Commencement Information

I83 Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EU) No 1370/2013 U.K.

86.  Council Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products is amended in accordance with regulations 87 to 93.

Commencement Information

I84 Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

87.  In Article 1—

(a) in the heading, at the end insert “ and definitions ”;

(b) at the end insert the following subparagraph—

“In this Regulation:

(a) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;

(b) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

Commencement Information

I85 Reg. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

88.  In Article 3(1)—

(a) in the first subparagraph—

(i) in point (a), for “3 million” substitute “ 300,000 ”;

(ii) in point (b), for “50 000” substitute “ 5,000 ”;

(iii) in point (c), for “109 000” substitute “ 11,000 ”;

(b) omit the second and third subparagraphs.

Commencement Information

I86 Reg. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

89.  In Article 4(1), for the words from “Member State or” to the end substitute “ constituent nation ”.

Commencement Information

I87 Reg. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

90.  In Article 5—

(a) in paragraph 1—

(i) omit “Union”;

(ii) for the words from “Member” to the end, substitute “ the aid granted by the relevant authority under Article 23 of that Regulation ”;

(b) in paragraph 2, in the first subparagraph—

(i) omit “Union”;

(ii) for the words from “Member” to the end, substitute “ the aid granted by the relevant authority under Article 23 ”;

(c) in paragraph 3, omit “Union”;

(d) omit paragraphs 4 to 6.

Commencement Information

I88 Reg. 90 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

91.  Omit Articles 7 to 12.

Commencement Information

I89 Reg. 91 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

92.  Omit Article 17 and the sentence which follows it.

Commencement Information

I90 Reg. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

93.  Omit Annex 1.

Commencement Information

I91 Reg. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 3 U.K. Information and Promotion Measures Amendments

Amendment of Regulation (EU) No 1144/2014 U.K.

94.  Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries is amended in accordance with regulations 95 to 115.

Commencement Information

I92 Reg. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

95.  In Article 1—

(a) in the heading, after “matter” insert “ and definitions ”;

(b) for “in the internal market or in third countries” substitute “ within or outside the United Kingdom ”;

(c) for “from the Union budget”, substitute “ by the relevant authority ”;

(d) at the end, insert the following subparagraph—

“In this Regulation—

(a) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;

(b) ‘relevant authority’ means:

• — in relation to England, the Secretary of State;

• — in relation to Wales, the Welsh Ministers;

• — in relation to Scotland, the Scottish Ministers;

• — in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

Commencement Information

I93 Reg. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

96.  In Article 2—

(a) for “Union”, in each place it occurs, substitute “ United Kingdom ”;

(b) in paragraph 2(d), for “in third countries” substitute “ outside the United Kingdom ”.

Commencement Information

I94 Reg. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

97.  In Article 3—

(a) for “Union” substitute “ United Kingdom ”;

(b) omit “European” in both places it occurs.

Commencement Information

I95 Reg. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

98.  In Article 4—

(a) in paragraph 1—

(i) omit “and equal treatment for Member States”;

(ii) omit “Union”;

(iii) for “Member States concerned” substitute “ proposing organisations concerned ”;

(b) omit paragraph 2.

Commencement Information

I96 Reg. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

99.  In Article 5—

(a) in paragraph 3(b), for “the internal market” substitute “ the market in the United Kingdom or a constituent nation ”;

(b) omit paragraph 4(c).

Commencement Information

I97 Reg. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

100.  In Article 6—

(a) in paragraph 1(b), for “Commission” substitute “ relevant authority ”;

(b) in paragraph 3, omit “, which shall all be from the same Member State”;

(c) omit paragraph 4.

Commencement Information

I98 Reg. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

101.  In Article 7—

(a) in paragraph 1(a)—

(i) for “a Member State” substitute “ the United Kingdom ”;

(ii) for “that Member State” substitute “ the United Kingdom or a constituent nation ”;

(b) in paragraph 1(b)—

(i) for “Union”, in the first place it occurs, substitute “ United Kingdom ”;

(ii) for “Union”, in the second place it occurs, substitute “ United Kingdom or constituent nation ”;

(c) in paragraph 1(c), for “by a Member State” substitute “ in the United Kingdom ”;

(d) in paragraph 1(d)—

(i) for “Member State concerned”, substitute “ relevant authority ”;

(ii) for “Member State in question”, substitute “ United Kingdom ”.

Commencement Information

I99 Reg. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

102.  In Article 9—

(a) in the heading, for “Commission” substitute “ relevant authority ”;

(b) in paragraph 1—

(i) for “Commission” substitute “ relevant authority ”;

(ii) for “Union” substitute “ United Kingdom ”;

(c) in paragraph 2, for “Commission shall” substitute “ relevant authority may ”;

(d) in paragraph 2(b), for “in third countries” substitute “ outside the United Kingdom ”;

(e) in paragraph 2(c), omit “Union”.

Commencement Information

I100 Reg. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

103.  Omit Article 10.

Commencement Information

I101 Reg. 103 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

104.  Omit Article 12.

Commencement Information

I102 Reg. 104 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

105.  In Article 14(2)—

(a) for “Member States” substitute “ relevant authorities ”;

(b) for “the implementing acts to be adopted” substitute “ Implementing Regulation (EU) 2015/1831 and regulations made ”.

Commencement Information

I103 Reg. 105 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

106.  In Article 15—

(a) in paragraph 1—

(i) for “The Union's” in both places it occurs, substitute “The relevant authority's”;

(ii) for “internal market” substitute “ United Kingdom ”;

(iii) for “in third countries” substitute “ outside the United Kingdom ”;

(b) omit paragraph 3;

(c) in paragraph 4—

(i) omit “common”;

(ii) omit “Union”;

(d) in paragraphs 5 and 7—

(i) for “The Union” substitute “ The relevant authority ”;

(ii) omit the words from “pursuant to” to the end.

Commencement Information

I104 Reg. 106 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

107.  In the heading of Section 3—

(a) omit “Implementation and management of multi programmes and”;

(b) for “commission” substitute “ relevant authority ”.

Commencement Information

I105 Reg. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

108.  Omit Articles 16 to 19.

Commencement Information

I106 Reg. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

109.  In Article 20—

(a) in the heading, for “Commission” substitute “ relevant authority ”;

(b) for “Commission in its own name or jointly with Member States” substitute “ relevant authority ”;

(c) for the words from “Regulation (EU, Euratom)” to the end, substitute “ the Public Contracts Regulations 2015 M11 or the Public Contracts (Scotland) Regulations 2015 M12 , as they apply to the relevant authority concerned ”.

Commencement Information

I107 Reg. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M11 S.I. 2015/102.

M12 S.S.I. 2015/446.

110.  In Article 21—

(a) for the heading substitute “ Management of Public Money ”;

(b) in paragraph 1—

(i) for “Commission” substitute “ relevant authority ”;

(ii) for “that,” substitute “ proper management of public money ”;

(iii) omit “the financial interests of the Union are protected”;

(c) omit paragraphs 2 to 4.

Commencement Information

I108 Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

111.  Omit Article 24.

Commencement Information

I109 Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

112.  Omit Article 26.

Commencement Information

I110 Reg. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F73 113.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Reg. 113 omitted (31.12.2020 immediately before IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(4), Sch. 2 para. 18(3) (with Sch. 3)

114.  Omit Article 29.

Commencement Information

I111 Reg. 114 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

115.  Omit Article 30, and the sentence which follows it.

Commencement Information

I112 Reg. 115 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 4 U.K. Revocations

Revocation of Implementing Regulations U.K.

116.  The following Regulations are revoked—

(a) Commission Implementing Regulation (EU) 2017/832 of 16 May 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 on the name Bürgstadter Berg (PDO) M13 ;

(b) Commission Implementing Regulation (EU) 2017/833 of 16 May 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 on the name Terrasses du Larzac (PDO) M14 ;

(c) Commission Implementing Regulation (EU) 2017/854 of 18 May 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Darnibole’ (PDO) M15 ;

(d) Commission Implementing Regulation (EU) 2017/2328 of 14 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Skalický rubín’ (PDO) M16 ;

(e) Commission Implementing Regulation (EU) 2017/2331 of 14 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘La Clape’ (PDO) M17 ;

(f) Commission Implementing Regulation (EU) 2017/2404 of 20 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Maasvallei Limburg’ (PDO) M18 ;

(g) Commission Implementing Regulation (EU) 2017/2405 of 20 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Picpoul de Pinet’ (PDO) M19 ;

(h) Commission Implementing Regulation (EU) 2018/27 of 9 January 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Ribeiras do Morrazo’ (PGI) M20 ;

(i) Commission Implementing Regulation (EU) 2018/215 of 13 February 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Mergelland’ (PDO) M21 ;

(j) Commission Implementing Regulation (EU) 2018/230 of 16 February 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monor, Monori’ (PDO) M22 ;

(k) Commission Implementing Regulation (EU) 2018/606 of 19 April 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Dons’ (PDO) M23 ;

(l) Commission Implementing Regulation (EU) 2018/854 of 8 June 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Cairanne’ (PDO) M24 ;

(m) Commission Implementing Regulation (EU) 2018/1693 of 5 November 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Vijlen’ (PDO) M25 ;

(n) Commission Implementing Regulation (EU) 2018/1694 of 7 November 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Oolde’ (PDO) M26 ;

(o) Commission Implementing Regulation (EU) 2018/1708 of 13 November 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Însurăței’ (PDO) M27 ;

(p) Commission Implementing Regulation (EU) 2018/1963 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monzinger Niederberg’ (PDO) M28 ;

(q) Commission Implementing Regulation (EU) 2018/1964 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Blaufüsser Lay’/ ‘Uhlen Blaufüßer Lay’ (PDO) M29 ;

(r) Commission Implementing Regulation (EU) 2018/1965 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Roth Lay’ (PDO) M30 ;

(s) Commission Implementing Regulation (EU) 2018/1966 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Laubach’ (PDO) M31 .

Commencement Information

I113 Reg. 116 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M13 OJ No L 124, 17.5.2017, p. 31.

M14 OJ No L 124, 17.5.2017, p. 32.

M15 OJ No L 128, 19.5.2017, p. 9.

M16 OJ No L 333, 15.12.2017, p. 28.

M17 OJ No L 333, 15.12.2017, p. 45.

M18 OJ No L 342, 21.12.2017, p. 1–2.

M19 OJ No L 342, 21.12.2017, p. 3.

M20 OJ No L 5, 10.1.2018, p. 26.

M21 OJ No L 41, 14.2.2018, p. 14.

M22 OJ No L 45, 17.2.2018, p. 1–2.

M23 OJ No L 101, 20.4.2018, p. 37 -39.

M24 OJ No L 146, 11.6.2018, p. 2.

M25 OJ No L 282, 12.11.2018, p. 3.

M26 OJ No L 282, 12.11.2018, p. 4.

M27 OJ No L 286, 14.11.2018, p. 1–2.

M28 OJ No L 316, 13.12.2018, p. 1–2.

M29 OJ No L 316, 13.12.2018, p. 3.

M30 OJ No L 316, 13.12.2018, p. 4.

M31 OJ No L 316, 13.12.2018, p. 5.

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments in the area of agricultural market measures. They amend Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of markets in agricultural products and Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.