Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1308/2013 of the European Parliament and of the Council

of 17 December 2013

establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the Court of Auditors(1),

Having regard to the opinions of the European Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled "The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future" sets out potential challenges, objectives and orientations for the Common Agricultural Policy ("the CAP") after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) No 1234/2007(5). In view of the scope of the reform, it is appropriate to repeal that Regulation and to replace it with a new regulation on the common organisation of the markets in agricultural products. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts.

(2) This Regulation should contain all the basic elements of the common organisation of the markets in agricultural products.

(3) This Regulation should apply to all agricultural products listed in Annex I to the Treaty on the European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU) (together, "the Treaties") in order to ensure the existence of a common organisation of the market for all such products, as required by Article 40(1) TFEU.

(4) It should be clarified that Regulation (EU) No 1306/2013 of the European Parliament and of the Council(6) and the provisions adopted pursuant to it should in principle apply to the measures set out in this Regulation. In particular, Regulation (EU) No 1306/2013 lays down provisions guaranteeing compliance with obligations laid down by provisions relating to the CAP, including checks and the application of administrative measures and administrative penalties in case of non-compliance, and rules related to the lodging and releasing of securities and the recovery of undue payments.

(5) Pursuant to Article 43(3) TFEU, the Council is to adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) TFEU applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that legal basis.

(6) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(7) Certain definitions concerning certain sectors should be set out in this Regulation. In order to take into account the specific characteristics of the rice sector, the power to adopt certain acts should be delegated to the Commission in respect of amending the definitions concerning the rice sector to the extent necessary to update them in the light of market developments.

(8) This Regulation refers to the description of products and contains references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to this Regulation. In order to take into account such amendments, the power to adopt certain acts should be delegated to the Commission in respect of making the necessary technical adjustments. In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79(7), which currently provides for such a power, should be repealed and the power integrated into this Regulation.

(9) Marketing years should be fixed for cereals, rice, sugar, dried fodder, seeds, wine, olive oil and table olives, flax and hemp, fruit and vegetables, processed fruit and vegetables, bananas, milk and milk products, and silkworms, and adapted as far as possible to the biological production cycles of each of those products.

(10) In order to stabilise the markets and to ensure a fair standard of living for the agricultural community, a differentiated system of market support for the different sectors has been developed and direct support schemes have been introduced, taking into account the different needs in each of these sectors on the one hand and the interdependence between different sectors on the other. Those measures take the form of public intervention or the payment of aid for private storage. There continues to be a need to maintain market support measures whilst streamlining and simplifying them.

(11) Union scales for the classification, identification and presentation of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors should be fixed for the purpose of recording prices and applying the intervention arrangements in those sectors. Moreover, such Union scales pursue the objective of improving market transparency.

(12) For the sake of clarity and transparency, the provisions on public intervention should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose, it is appropriate to distinguish between reference thresholds and intervention prices and to define the latter. In doing so, it is particularly important to clarify that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. market price support). In this context, it should be understood that market intervention can take the form of public intervention, as well as of other forms of intervention that do not use ex-ante established price indications.

(13) As appropriate to each sector concerned in the light of the practice and experience under previous common organisations of the markets (CMOs), the system of public intervention should be available during certain periods of the year and should, during those periods, either be open on a permanent basis or be opened depending on market prices.

(14) Public intervention price should consist of a fixed price for certain quantities for some products and in other cases should depend on tendering, reflecting the practice and experience under previous CMOs.

(15) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to goods and equal treatment of purchasers.

(16) The existing scheme for food distribution to the most deprived in the Union adopted under the CAP should be the subject of a separate Regulation adopted to reflect the social cohesion objectives of that scheme. Provision should nevertheless be made in this Regulation to allow for the disposal of products held in public intervention by making them available for use in that scheme.

(17) To achieve the aim of balancing the market and stabilising the market prices, it may be necessary to grant aid for private storage of specific agricultural products. In order to provide for market transparency, the power to adopt certain acts should be delegated to the Commission in respect of laying down the conditions under which it may decide to grant private storage aid, taking into account the market situation.

(18) In order to ensure that products bought in under public intervention or subject to aid for private storage are suitable for long-term storage and are of sound, fair and marketable quality, and in order to take into account the specific characteristics of the different sectors for the purposes of ensuring the cost-effective operation of public intervention and private storage, the power to adopt certain acts should be delegated to the Commission in respect of laying down the requirements and conditions to be met by those products concerning their quality and eligibility, in addition to the requirements laid down in this Regulation.

(19) In order to take account of the specific characteristics of the cereals and paddy rice sectors, the power to adopt certain acts should be delegated to the Commission in respect of laying down the quality criteria as regards buying-in and sales of those products.

(20) In order to ensure appropriate storage capacity and the efficiency of the public intervention system in terms of cost-effectiveness, distribution and access for operators, and in order to maintain the quality of products bought in under public intervention for their disposal at the end of the storage period, the power to adopt certain acts should be delegated to the Commission in respect of the requirements to be fulfilled by storage places for all products subject to public intervention, rules on the storage of products inside and outside the Member State responsible for them and their treatment as regards customs duties and any other amounts to be granted or levied under the CAP.

(21) In order to ensure that private storage has the desired effect on the market, the power to adopt certain acts should be delegated to the Commission in respect of rules and conditions applicable where the quantity stored is lower than the contracted quantity; the conditions for granting an advance payment; and the conditions applicable to the re-marketing and disposal of products covered by private storage contracts.

(22) In order to ensure the proper functioning of the public intervention and private storage systems, the power to adopt certain acts should be delegated to the Commission in respect of providing for the use of tendering procedures, and laying down additional conditions to be fulfilled by operators and a requirement for them to lodge a security.

(23) In order to take account of technical developments and of the needs of the beef and veal, pigmeat and sheepmeat and goatmeat sectors, as well as of the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention measures, the power to adopt certain acts should be delegated to the Commission in respect of adapting and updating Union scales for the classification of carcasses in those sectors, as well as in respect of laying down certain related additional provisions and derogations.

(24) The consumption of fruit and vegetables, as well as of milk and milk products by school children should be encouraged with a view to durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed, thereby contributing to the achievement of the objectives of the CAP in particular stabilising markets and ensuring the availability of both current and future supplies. Union aid to finance or co-finance the supply to children in educational establishments of such products should therefore be promoted.

(25) In order to ensure a sound budgetary management of the Union school fruit and vegetables scheme and school milk scheme, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any existing national school fruit and vegetables schemes and school milk schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to those schemes with contributions from the private sector. [X1 In order to make their school fruit and vegetables schemes effective, accompanying measures may be necessary for which they should be allowed to grant national aid. Member States participating in the schemes should publicise the subsidising role of the Union aid.]

(26) In order to promote the healthy eating habits of children and to ensure that the aid is targeted at children in regular attendance at educational establishments administered or recognised by Member States, the power to adopt certain acts should be delegated to the Commission in respect of the school fruit and vegetables scheme concerning the additional criteria related to the targeting of aid, the approval and selection of aid applicants and the drawing-up of national or regional strategies and on accompanying measures.

(27) In order to ensure the efficient and targeted use of Union funds, the power to adopt certain acts should be delegated to the Commission in respect of the school fruit and vegetables scheme concerning the method for reallocating aid between Member States on the basis of requests for aid applications received, the costs eligible for Union aid, including the possibility of fixing an overall ceiling for such costs, and the obligation for Member States to monitor and evaluate the effectiveness of their school fruit and vegetables schemes.

(28) In order to promote awareness of the school fruit and vegetables scheme, the power to adopt certain acts should be delegated to the Commission in respect of requiring participating Member States with a school fruit and vegetables scheme to publicise the subsidising role of the Union aid.

(29) In order to take into account the evolution in consumption patterns for dairy products, the innovations and developments on the dairy products market, the availability of products on the different markets of the Union and nutritional aspects, the power to adopt certain acts should be delegated to the Commission in respect of the school milk scheme in respect of the products that are eligible for the scheme, the Member States' national or regional strategies, including accompanying measures where applicable, and the monitoring and evaluation of the scheme.

(30) In order to ensure that the appropriate beneficiaries and applicants qualify for Union aid and that it is used efficiently and effectively, the power to adopt certain acts should be delegated to the Commission in respect of the rules on the beneficiaries and applicants eligible for the aid, the requirement for applicants to be approved by Member States, and the use of dairy products in the preparation of meals in educational establishments.

(31) In order to ensure that aid applicants respect their obligations, the power to adopt certain acts should be delegated to the Commission in respect of the requirement to lodge a security where an advance of aid is paid.

(32) In order to promote awareness of the school milk scheme, the power to adopt certain acts should be delegated to the Commission in respect of the conditions in accordance with which Member States are to publicise their participation in that scheme and the fact that it is subsidised by the Union.

(33) In order to ensure that the aid is reflected in the price of the products, the power to adopt certain acts should be delegated to the Commission in respect of the establishment of price monitoring under the school milk scheme.

(34) Union financing is required to encourage recognised producer organisations, associations of producer organisations or interbranch organisations to draw up work programmes for the purpose of improving the production and marketing of olive oil and table olives. In that context, this Regulation should provide for Union support to be allocated in accordance with the priorities given to the activities undertaken within the respective work programmes. However, co-financing should be reduced in order to improve the efficiency of such programmes.

(35) In order to ensure the efficient and effective use of the Union aid granted to producer organisations, associations of producer organisations or interbranch organisations in the olive oil and table olives sector and in order to improve the production quality of olive oil and table olives, the power to adopt certain acts should be delegated to the Commission in respect of the specific measures that can be financed by the Union aid and the activities and costs that cannot be so financed; the minimum allocation of Union financing to specific areas; the requirement to lodge a security; and the criteria to be taken into account by Member States in the selection and approval of work programmes.

(36) This Regulation should make a distinction between fruit and vegetables on the one hand, comprising fruit and vegetables for direct consumption and fruit and vegetables intended for processing, and processed fruit and vegetables on the other hand. Rules on operational funds, operational programmes and Union financial assistance should only apply to the first category, and both types of fruit and vegetables within that category should be treated in a similar way.

(37) The production of fruit and vegetables is unpredictable and the products are perishable. Even limited surpluses can significantly disturb the market. Therefore, measures for crisis management should be established and those measures should continue to be integrated into operational programmes.

(38) The production and marketing of fruit and vegetables should fully take into account environmental concerns, including cultivation practices, management of waste materials and disposal of products withdrawn from the market, in particular as regards protection of water quality, maintenance of biodiversity and the upkeep of the countryside.

(39) Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy. The specific support in the fruit and vegetables sector should therefore be discontinued.

(40) In order to give producer organisations and their associations in the fruit and vegetables sector greater responsibility for their financial decisions and to direct the public resources assigned to them towards future requirements, terms should be set out for the use of those resources. Joint financing of operational funds set up by producer organisations and their associations is an appropriate solution. Additional scope for financing should be permitted in particular cases. Operational funds should only be used to finance operational programmes in the fruit and vegetables sector. In order to control Union expenditure, there should be a cap on assistance granted to producer organisations and their associations that establish operational funds.

(41) In regions where the organisation of production in the fruit and vegetables sector is weak, granting of additional national financial contributions should be allowed. In the case of Member States which are at a particular disadvantage with regard to structures, such contributions should be reimbursed by the Union.

(42) In order to ensure an efficient, targeted and sustainable support of producer organisations and their associations in the fruit and vegetables sector, the power to adopt certain acts should be delegated to the Commission in respect of operational funds and operational programmes, the national framework and national strategy for operational programmes concerning the obligation to monitor and evaluate the effectiveness of the national framework and the national strategies; Union financial assistance; crisis prevention and management measures; and national financial assistance.

(43) It is important to provide for support measures in the wine sector which strengthen competitive structures. While those measures should be defined and financed by the Union, it should be left to Member States to select an appropriate set of measures to meet the needs of their regional bodies, taking into account their particularities, where necessary, as well as integrate them into national support programmes. Member States should be responsible for the implementation of such programmes.

(44) One key measure eligible for national support programmes should be the promotion and marketing of Union wines. Support for innovation can increase the marketability and competitiveness of Union grapevine products. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving the economic performance of the enterprises. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while protecting the environment.

(45) Preventive instruments such as harvest insurance, mutual funds and green harvesting should be eligible for support under the wine support programmes so as to encourage a responsible approach to crisis situations.

(46) The provisions on support to vine-growers by way of allocation of payment entitlements as decided by Member States were made definitive from the financial year 2015 under Article 103n of Regulation (EC) No 1234/2007 and subject to the conditions set out in that provision.

(47) In order to ensure that Member States' wine support programmes meet their objectives and that there is an efficient and effective use of the Union funds, the power to adopt certain acts should be delegated to the Commission in respect of: rules on the responsibility for expenditure between the date of receipt by the Commission of the support programmes and modifications to support programmes, and their date of applicability; rules on the content of support programmes and the expenditure, administrative and personnel costs and operations that may be included in Member States' support programmes and the conditions for, and the possibility to make, payments through intermediaries in the case of support for harvest insurance; rules on the requirement to lodge a security where an advance payment is made; rules on the use of certain terms; rules on the fixing of a ceiling for expenditure on the replanting of vineyards for health or phytosanitary reasons; rules on the avoidance of double funding of projects; rules under which producers are to withdraw the by-products of winemaking, and on exceptions to that obligation in order to avoid additional administrative burden, and rules for the voluntary certification of distillers; and rules allowing Member States to establish conditions for the proper functioning of support measures.

(48) Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the increasing incidence on bee health of certain types of hive invasions, and in particular of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances, and in order to improve the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.

(49) The measures which may be included in the apiculture programmes should be specified. In order to ensure that the Union aid scheme is adapted to the latest developments and that the measures covered are effective in improving the general conditions for the production and marketing of apiculture products, the power to adopt certain acts should be delegated to the Commission in respect of updating the list of measures, by adapting existing measures or adding new measures.

(50) In order to ensure the effective and efficient use of Union funds for apiculture, the power to adopt certain acts should be delegated to the Commission in respect of the avoidance of double funding between Member States' apiculture programmes and rural development programmes and the basis of the allocation of the Union's financial contribution to each participating Member State.

(51) In accordance with Council Regulation (EC) No 73/2009(8), the hops area payment was decoupled from 1 January 2010. In order to allow the hop producer organisations to continue their activities as before, a specific provision should be made for equivalent amounts to be used in the Member State concerned for the same activities. In order to ensure that the aids finance the aims of producer organisations, as set out in this Regulation, the power to adopt certain acts should be delegated to the Commission in respect of aid applications, rules on eligible hop areas and the calculation of aids.

(52) Union aid for silkworm rearing should be decoupled and integrated into the direct payments system following the approach taken for aids in other sectors.

(53) The aid for Union-produced skimmed milk and skimmed-milk powder intended for use as a feedingstuff and for processing into casein and caseinates has not proved effective in supporting the market and should therefore be discontinued, along with the rules concerning the use of casein and caseinates in the manufacture of cheese.

(54) The decision to end the transitional prohibition on planting vines at Union level is justified by the attainment of the main objectives of the reform of the Union wine market organisation in 2008, in particular by the end of the long-standing structural surplus of wine production and the progressive improvement of competitiveness and market orientation of the wine sector in the Union. Such positive developments have resulted from a marked decrease of vine areas across the Union, the exit of less competitive producers and the phasing-out of certain market support measures removing the incentive for investments without economic viability. The reduction of supply capacity and the support for structural measures and promotion of wine exports have enabled a better adaptation to decreasing demand at Union level, resulting from a progressive decrease in consumption in traditional wine-producing Member States.

(55) However, the perspectives of progressive growth of demand at world market level provide an incentive to increase supply capacity, and therefore to plant new vines, over the next decade. While the key objective of increasing the competitiveness of the Union wine sector should be pursued in order not to lose market share in the world market, an excessively rapid increase in new vine plantings in response to forecasted development in international demand may lead again to a situation of excessive supply capacity in the medium-term, with possible social and environmental effects in specific wine production areas. In order to ensure an orderly growth of vine plantings during the period between 2016 and 2030, a new system for the management of vine plantings should be established at Union level, in the form of a scheme of authorisations for vine plantings.

(56) Under this new system, authorisations for vine plantings may be granted without a cost being charged to producers, and should expire after three years if they are not used. This would contribute to the swift and direct use of the authorisations by the wine producers to whom they are granted, thereby avoiding speculation.

(57) The growth of new vine plantings should be framed by a safeguard mechanism at Union level based on the obligation for Member States, on an annual basis, to make available authorisations for new plantings representing 1 % of the planted vine areas, while allowing for certain flexibility in order to respond to the specific circumstances of each Member State. Member States should be able to decide whether to make available smaller areas at national or regional levels, including at the level of areas eligible for specific protected designations of origin and protected geographical indications, on the basis of objective and non-discriminatory reasons, while ensuring the limitations imposed are above 0 % and are not overrestrictive in relation to the objectives pursued.

(58) In order to guarantee that authorisations are granted in a non-discriminatory manner, certain criteria should be laid down, and in particular where the total number of hectares made available by the authorisations offered by Member States is exceeded by the total number of hectares requested in the applications submitted by producers.

(59) The granting of authorisations to producers grubbing up an existing vine area should be automatic upon submission of an application and independently of the safeguard mechanism for new plantings, since it does not contribute to the overall increase of vine areas. In specific areas eligible for the production of wines with a protected designation of origin or a protected geographical indication, Member States should have the possibility of restricting the granting of such authorisations for replantings on the basis of recommendations of recognised and representative professional organisations.

(60) This new scheme of authorisations for vine plantings should not apply to Member States not applying the Union transitional planting rights regime and should be optional for those Member States where, although the planting rights apply, the vine planting area is below a certain threshold.

(61) Transitional provisions should be laid down in order to ensure a smooth transition from the former planting rights regime to the new scheme, in particular in order to avoid excessive plantings before the start of the new scheme. Member States should have a certain flexibility to decide on the deadline for the submission of requests for conversion of planting rights into authorisations from 31 December 2015 to 31 December 2020.

(62) In order to ensure a harmonised and effective implementation of the new scheme of authorisations for vine plantings, the power to adopt certain acts should be delegated to the Commission in respect of the conditions for the exemption of certain vine plantings from the scheme, the rules relating to the eligibility and priority criteria, the addition of eligibility and priority criteria, the co-existence of vines to be grubbed up with newly planted vines, and the grounds on which Member States may restrict the granting of authorisations for replantings.

(63) The control of non-authorised plantings should be carried out effectively in order to ensure the compliance with the rules for the new scheme.

(64) The application of standards for the marketing of agricultural products can contribute to improving the economic conditions for the production and marketing and the quality of such products. The application of such standards is therefore in the interest of producers, traders and consumers.

(65) Following the Communication from the Commission on agricultural product quality policy and subsequent debates, it is appropriate to maintain marketing standards by sectors or products, in order to take into account the expectations of consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products and their quality.

(66) Provisions of a horizontal nature should be established for marketing standards.

(67) Marketing standards should be divided between obligatory rules for specific sectors or products and optional reserved terms to be established on a sectoral or product basis.

(68) Marketing standards should, in principle, apply to all agricultural products concerned that are marketed in the Union.

(69) The sectors and products for which marketing standards may apply should be listed in this Regulation. However, in order to take account of the expectations of consumers and of the need to improve the quality of agricultural products and the economic conditions for their production and marketing, the power to adopt certain acts should be delegated to the Commission in respect of amending that list, subject to strict conditions.

(70) In order to take account of the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of certain agricultural products, and in order to adapt to constantly changing market conditions, evolving consumer demands, and developments in relevant international standards, and in order to avoid creating obstacles to product innovation, the power to adopt certain acts should be delegated to the Commission in respect of adopting marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards. The marketing standards should take into account, inter alia, the natural and essential characteristics of the products concerned, thereby avoiding causing substantial changes in the ordinary composition of the product concerned. Moreover, the marketing standards should take into account the possible risk of consumers being misled, as a result of their expectations and perceptions. Any derogation or exemptions from the standards should not entail additional costs which should be borne solely by farmers.

(71) Marketing standards should apply to enable the market to be easily supplied with products of a standardised and satisfactory quality, and in particular should relate to technical definitions, classification, presentation, marking and labelling, packaging, production method, conservation, storage, transport, related administrative documents, certification and time limits, restrictions of use and disposal.

(72) Taking into account the interest of producers in communicating the product and farming characteristics, and the interest of consumers in receiving adequate and transparent product information, it should be possible to determine the place of farming and/or the place of origin, on a case-by-case basis at the appropriate geographical level, while taking into account the specific characteristics of some sectors, in particular concerning processed agricultural products.

(73) Special rules should be provided in respect of products imported from third countries provided that national provisions in force in third countries justify derogations from the marketing standards and their equivalence to Union legislation is guaranteed. It is also appropriate to lay down rules relating to the application of the marketing standards applicable to the products exported from the Union.

(74) Products of the fruit and vegetables sector intended to be sold fresh to the consumer should be marketed only if they are sound, fair and of marketable quality and if the country of origin is indicated. In order to ensure the proper application of that requirement and to take into account certain specific situations, the power to adopt certain acts should be delegated to the Commission in respect of specific derogations from that requirement.

(75) A quality policy should be followed throughout the Union by applying a certification procedure for products of the hops sector and by prohibiting the marketing of those products for which a certificate has not been issued. In order to ensure the proper application of that requirement and to take into account certain specific situations, the power to adopt certain acts should be delegated to the Commission in respect of measures derogating from that requirement in order to satisfy the trade requirements of certain third countries or for products intended for special uses.

(76) For certain sectors and products, definitions, designations and sales descriptions are important elements for determining the conditions of competition. Therefore, it is appropriate to lay down definitions, designations and sales descriptions for those sectors and/or products, which should only be used in the Union for the marketing of products which comply with the corresponding requirements.

(77) In order to adapt the definitions and sales descriptions for certain products to needs resulting from evolving consumer demands, technical progress or the need for product innovation, the power to adopt certain acts should be delegated to the Commission in respect of modifications, derogations or exemptions to definitions and sales descriptions.

(78) In order to ensure that operators and Member States have a clear and proper understanding of the definitions and sales descriptions laid down for certain sectors, the power to adopt certain acts should be delegated to the Commission in respect of the rules on their specification and application.

(79) In order to take into account the specific characteristics of each product or sector, the different marketing stages, the technical conditions, any possible considerable practical difficulty, and also the accuracy and repeatability of the methods of analysis, the power to adopt certain acts should be delegated to the Commission concerning tolerance for one or more specific standards in excess of which the entire batch of products should be considered not to respect the standard.

(80) Certain oenological practices and restrictions for the production of wine should be determined, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet international standards, for further oenological practices, the Commission should take into account the oenological practices recommended by the International Organisation of Vine and Wine (OIV).

(81) Rules should be laid down for the classification of wine grape varieties, according to which Member States producing more than 50 000 hectolitres per year should continue to be responsible for classifying the wine grape varieties from which wine may be made on their territories. Certain wine grape varieties should be excluded.

(82) Member States should be able to maintain or adopt certain national rules on quality levels as regards spreadable fats.

(83) For the wine sector, Member States should be allowed to limit or to exclude the use of certain oenological practices, should be allowed to keep more stringent restrictions for wines produced in their territory, and should allow the experimental use of unauthorised oenological practices.

(84) In order to ensure the correct and transparent application of national rules for certain products and sectors as regards marketing standards, the power to adopt certain acts should be delegated to the Commission in respect of establishing conditions for the application of such marketing standards, as well as the conditions for the holding, circulation and use of the products obtained from experimental practices.

(85) In addition to marketing standards, optional quality terms should be established in order to ensure that terms describing specific product characteristics, or farming or processing attributes are not misused in the market place and can be relied on by consumers to identify different qualities of product. In the light of the objectives of the present Regulation, and in the interest of clarity, existing optional quality terms should be listed in this Regulation.

(86) Member States should be allowed to lay down rules concerning the disposal of wine products not complying with the requirements of this Regulation. In order to ensure the correct and transparent application of national rules concerning wine products, the power to adopt certain acts should be delegated to the Commission in respect of establishing conditions for the use of wine products not complying with the requirements of this Regulation.

(87) In order to take into account the situation in the market and developments in marketing standards and in international standards, the power to adopt certain acts should be delegated to the Commission in respect of reserving an additional optional reserved term and laying down the conditions for its use, amending the conditions of use of an optional reserved term and cancelling an optional reserved term.

(88) In order to take into account the characteristics of certain sectors and consumer expectations, the power to adopt certain acts should be delegated to the Commission in respect of laying down further details on the requirements for the introduction of an additional reserved term.

(89) In order to ensure that products described by means of optional reserved terms conform to the applicable conditions of use, the power to adopt certain acts should be delegated to the Commission in respect of laying down additional rules on the use of optional reserved terms.

(90) In order to take account of the specific characteristics of trade between the Union and certain third countries and the special character of certain agricultural products, the power to adopt certain acts should be delegated to the Commission concerning the conditions under which imported products are considered to have an equivalent level of conformity to the Union requirements concerning marketing standards, and which allow for measures derogating from the rules that products are to be marketed in the Union only in accordance with such standards and the rules relating to the application of the marketing standards to products exported from the Union.

(91) Provisions concerning wine should be applied in the light of the international agreements concluded in accordance with the TFEU.

(92) The concept of quality wines in the Union is based, inter alia, on the specific characteristics attributable to the wine's geographical origin. Such wines are identified for consumers through protected designations of origin and geographical indications. In order to allow for a transparent and more elaborate framework underpinning the claim by the products concerned to be of quality, a system should be established in which applications for a designation of origin or a geographical indication are examined in line with the approach followed by the Union's horizontal quality policy applicable to foodstuffs other than wine and spirits, set out in Regulation (EU) No 1151/2012 of the European Parliament and of the Council(9).

(93) In order to preserve the particular quality characteristics of wines with a protected designation of origin or a protected geographical indication, Member States should be allowed to apply more stringent rules.

(94) To qualify for protection in the Union, designations of origin and geographical indications for wine should be recognised and registered at the Union level in accordance with procedural rules laid down by the Commission.

(95) Protection should be open to designations of origin and geographical indications of third countries where they are protected in their country of origin.

(96) The registration procedure should enable any natural or legal person having a legitimate interest in a Member State or a third country to exercise their rights by notifying their objections.

(97) Registered designations of origin and geographical indications should be protected against uses which take advantage of the reputation enjoyed by complying products. So as to promote fair competition and not to mislead consumers, that protection should also extend to products and services not covered by this Regulation, including those not found in Annex I to the Treaties.

(98) In order to take into account existing labelling practices, the power to adopt certain acts should be delegated to the Commission in respect of permitting the use of a name of a wine grape variety which contains or consists of a protected designation of origin or a protected geographical indication.

(99) In order to take into account the specific characteristics of the production in the demarcated geographical area, the power to adopt certain acts should be delegated to the Commission in respect of laying down the additional criteria for the demarcation of the geographical area, and the restrictions and derogations concerning the production in the demarcated geographical area.

(100) In order to ensure product quality and traceability, the power to adopt certain acts should be delegated to the Commission in respect of the conditions under which product specifications may include additional requirements.

(101) In order to ensure the protection of the legitimate rights or interests of producers and operators, the power to adopt certain acts should be delegated to the Commission in respect of the type of applicant that may apply for the protection of a designation of origin or geographical indication; the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, the objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indication. That empowerment should also cover: the conditions applicable to trans-border applications; the conditions for applications relating to geographical areas in a third country; the date from which protection or an amendment to a protection applies; and the conditions relating to amendments to product specifications.

(102) In order to ensure an adequate level of protection, the power to adopt certain acts should be delegated to the Commission in respect of restrictions regarding the protected name.

(103) In order to ensure that economic operators and competent authorities are not unduly affected by the application of this Regulation to wine names which have been granted protection prior to 1 August 2009, or for which an application for protection has been made prior to that date, the power to adopt certain acts should be delegated to the Commission in respect of laying down transitional rules concerning such wine names, wines placed on the market or labelled before a specific date, and amendments to the product specifications.

(104) Certain terms are traditionally used in the Union to convey information to consumers about the particularities and the quality of wines, complementing the information conveyed by protected designations of origin and geographical indications. In order to ensure the working of the internal market and fair competition and to avoid consumers being misled, those traditional terms should be eligible for protection in the Union.

(105) In order to ensure an adequate level of protection, the power to adopt certain acts should be delegated to the Commission in respect of the language and the spelling of a traditional term to be protected.

(106) In order to ensure the protection of the legitimate rights of producers and operators, the power to adopt certain acts should be delegated to the Commission in respect of the type of applicants that may apply for the protection of a traditional term; the conditions of validity of an application for recognition of a traditional term; the grounds for objecting to the proposed protection of a traditional term; the scope of the protection, including the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names; the grounds for the cancellation of a traditional term; the date of submission of an application or a request; and the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the Commission, the objection procedure and the procedures on cancellation and modification.

(107) In order to take into account the specific characteristics in trade between the Union and certain third countries, the power to adopt certain acts should be delegated to the Commission in respect of the conditions under which traditional terms may be used on products from third countries and providing for related derogations.

(108) The description, designation and presentation of products of the wine sector covered by this Regulation can have significant effects on their marketability. Differences between the laws of Member States on the labelling of products of the wine sector may impede the smooth functioning of the internal market. Rules should therefore be laid down which take into account the legitimate interests of consumers and producers. For this reason, it is appropriate to provide for Union rules on labelling and presentation.

(109) In order to ensure compliance with existing labelling practices, the power to adopt certain acts should be delegated to the Commission in respect of laying down the exceptional circumstances in which it is justified to omit reference to the terms "protected designation of origin" or "protected geographical indication".

(110) In order to take into account the specific characteristics of the wine sector, the power to adopt certain acts should be delegated to the Commission in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory and optional particulars; and presentation.

(111) In order to ensure the protection of the legitimate interests of operators, the power to adopt certain acts should be delegated to the Commission in respect of temporary labelling and presentation of wines bearing a designation of origin or a geographical indication where that designation of origin or geographical indication fulfils the necessary requirements.

(112) In order to ensure that economic operators are not prejudiced, the power to adopt certain acts should be delegated to the Commission in respect of transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009.

(113) In order to take into account the specific characteristics in trade in wine sector products between the Union and certain third countries, the power to adopt certain acts should be delegated to the Commission in respect of the derogations from the rules on labelling and presentation as regards products to be exported where required by the law of the third country concerned.

(114) Specific instruments will still be needed after the end of the quota system to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing written agreements within the trade concluded between them should be established.

(115) The 2006 reform of the sugar regime introduced far-reaching changes to the Union sugar sector. In order to enable sugar beet growers to complete their adaptation to the new market situation and to the increased market orientation of the sector, the present system of sugar quotas should be extended until it is abolished at the end of the 2016/2017 marketing year.

(116) In order to take into account the specific characteristics of the sugar sector, the power to adopt certain acts should be delegated to the Commission in respect of updating the technical definitions concerning the sugar sector; updating the purchase terms for beet laid down in this Regulation; and further rules on the determination of gross weight, tare and sugar content of sugar delivered to an undertaking, and on sugar pulp.

(117) Recent experience has demonstrated the need for specific measures to ensure a sufficient supply of sugar to the Union market during the remaining period of sugar quotas.

(118) In order to take into account the specific characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, and given the need to prevent any disturbance of the market, the power to adopt certain acts should be delegated to the Commission in respect of: purchase terms and delivery contracts; updating the purchase terms for beet laid down in this Regulation; and the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts.

(119) In order to take account of technical developments, the power to adopt certain acts should be delegated to the Commission in respect of establishing a list of products for the production of which industrial sugar, industrial isoglucose or industrial inulin syrup may be used.

(120) In order to ensure that approved undertakings producing or processing sugar, isoglucose or inulin syrup comply with their obligations, the power to adopt certain acts should be delegated to the Commission in respect of the granting and the withdrawal of approval for such undertakings, as well as the criteria for administrative penalties.

(121) In order to take into account the specific characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, the power to adopt certain acts should be delegated to the Commission in respect of the meaning of terms for the operation of the quota system and the conditions governing sales to outermost regions.

(122) In order to ensure that the growers are closely associated with a decision to carry forward a certain quantity of production, the power to adopt certain acts should be delegated to the Commission in respect of carry-forward of sugar.

(123) For a better management of wine-growing potential, Member States should communicate to the Commission an inventory of their production potential based on the vineyard register. To encourage Member States to communicate the inventory, support for restructuring and conversion should be limited to those Member States which have communicated the inventory.

(124) In order to facilitate the monitoring and the verification of the production potential by Member States, the power to adopt certain acts should be delegated to the Commission in respect of the content of the vineyard register and exemptions.

(125) In order to provide for a satisfactory level of traceability of the products concerned, in particular in the interest of consumer protection, it should be a requirement for all the wine sector products covered by this Regulation to have an accompanying document when circulating within the Union.

(126) In order to facilitate the transport of wine products and the verification thereof by Member States, the power to adopt certain acts should be delegated to the Commission in respect of rules: on the accompanying document and its use; on the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications; on an obligation to keep a register and on its use; on specifying who shall keep a register and on exemptions from the obligation to keep a register; as well as on the operations to be included in the register.

(127) In the absence of Union legislation on formalised, written contracts, Member States may, under national contract law, decide to make the use of such contracts compulsory, provided that, in doing so, Union law is respected, and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the Union, and in the interests of subsidiarity, such a decision should remain with Member States. However, in the milk and milk products sector, to ensure appropriate minimum standards for such contracts and the proper functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at the Union level. All such basic conditions should be freely negotiated. Since some dairy co-operatives possibly have rules with similar effect in their statutes, they should, in the interests of simplicity, be exempted from the requirement to enter into a contract. In order to strengthen the effectiveness of such system of contracts, Member States should decide whether they should also apply where intermediate parties collect milk from farmers to deliver to processors.

(128) In order to ensure the viable development of production and a resulting fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened, which should result in a fairer distribution of added value along the supply chain. In order to attain those CAP objectives, a provision should be adopted pursuant to Article 42 and Article 43(2) TFEU to allow producer organisations constituted by dairy farmers or their associations to collectively negotiate with a dairy contract terms, including price, for some or all of their members' raw milk production. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits. In order not to undermine the effective functioning of cooperatives, and for the sake of clarity, it should be specified that, when a farmer's membership of a cooperative entails an obligation, in respect of all or a part of that farmer's milk production, to deliver raw milk, the conditions of which are set out in the cooperative's statutes or in the rules and decisions based thereon, those conditions should not be the subject of negotiations through a producer organisation.

(129) In view of the importance of protected designations of origin and protected geographical indications, notably for vulnerable rural regions, and in order to ensure the value-added and to maintain the quality of, in particular, cheeses benefiting from protected designations of origin and protected geographical indications, and in view of the coming expiration of the milk quota system, Member States should be allowed to apply rules to regulate the entire supply of such cheese produced in the defined geographical area at the request of an interbranch organisation, a producer organisation or a group as defined in Regulation (EU) No 1151/2012. Such a request should be supported by a large majority of milk producers representing a large majority of the volume of milk used for that cheese and, in the case of interbranch organisations and groups, it should be supported by a large majority of cheese producers representing a large majority of the production of that cheese.

(130) In order to follow developments in the market, the Commission needs timely information on volumes of raw milk delivered. Therefore, provision should be made to ensure that the first purchaser communicates such information to Member States on a regular basis and that the Member State notifies the Commission thereof.

(131) Producer organisations and their associations can play useful roles in concentrating supply, in improving the marketing, planning and adjusting of production to demand, optimising production costs and stabilising producer prices, carrying out research, promoting best practices and providing technical assistance, managing by-products and risk management tools available to their members, thereby contributing to strengthening the position of producers in the food chain.

(132) Interbranch organisations can play an important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency.

(133) Existing rules on the definition and recognition of producer organisations, their associations, and interbranch organisations should therefore be harmonised, streamlined and extended to provide for possible recognition on request under statutes set out in accordance with this Regulation for certain sectors. In particular, the recognition criteria and statutes of producer organisations should ensure that such bodies are formed on the initiative of producers, and are controlled in accordance with rules enabling the producer members to scrutinise democratically their organisation and its decisions.

(134) Existing provisions in various sectors, boosting the impact of producer organisations, their associations and interbranch organisations by permitting Member States, under certain conditions, to extend certain rules of such organisations to non-member operators, have proved effective, and should be harmonised, streamlined and extended to all sectors.

(135) Provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.

(136) In order to encourage action by producer organisations, associations of producer organisations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of actions relating to withdrawal from the market, the power to adopt certain acts should be delegated to the Commission in respect of: measures improving quality; promoting better organisation of production, processing and marketing; facilitating the recording of market price trends; and permitting the establishment of short and long-term forecasts on the basis of the means of production used.

(137) In order to improve the operation of the market for wines, Member States should be able to implement decisions taken by interbranch organisations. The scope of such decisions should, however, exclude practices which could distort competition.

(138) Whereas the use of formalised written contracts in the milk sector is covered by separate provisions, the use of such contracts may also help to reinforce the responsibility of operators in other sectors and to increase their awareness of the need to better take into account the signals of the market, to improve price transmission and to adapt supply to demand, as well as to help to avoid certain unfair commercial practices. In the absence of Union legislation concerning such contracts, Member States may, under national contract law, decide to make the use of such contracts compulsory, provided that, in doing so, Union law is complied with, and in particular that the proper functioning of the internal market and the common market organisation is respected.

(139) In order to ensure the viable development of production and thus a fair standard of living for producers in the beef and veal and olive oil sectors, as well as for producers of certain arable crops, their bargaining power vis-à-vis downstream operators should be strengthened, thereby resulting in a fairer distribution of added value along the supply chain. To achieve those CAP objectives, recognised producer organisations should be able to negotiate, subject to quantitative limits, the terms of delivery contracts, including prices, for some or all of their members' production, provided that those organisations pursue one or more of the objectives of concentrating supply, the placing on the market of the products produced by its members and optimising production costs, and provided that the pursuit of those objectives leads to the integration of activities and such integration is likely to generate significant efficiencies so that the activities of the producer organisation overall contribute to the fulfilment of the objectives of Article 39 TFEU. This could be realised provided that the producer organisation carries out certain specific activities and that these activities are significant in terms of volume of production concerned and in terms of cost of the production and placing of the product on the market.

(140) In order to ensure the added value, and to maintain the quality of, in particular, cured ham benefitting from a protected designation of origin or a protected geographical indication, Member States should be allowed, subject to strict conditions, to apply rules to regulate the supply of such cured ham, provided that those rules are supported by a large majority of its producers and, where appropriate, by the producers of pigs in the geographical area relating to that ham.

(141) The obligation to register all supply contracts regarding hops produced in the Union is burdensome and should be discontinued.

(142) In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations and interbranch organisations are clearly defined and to contribute to the effectiveness of their actions without imposing an undue administrative burden and without undermining the principle of freedom of association in particular with regard to non-members of such organisations, the power to adopt certain acts should be delegated to the Commission in respect of:rules on the specific aims which may, must or must not be pursued by such organisations and associations and, where applicable, should be added to those laid down in this Regulation; the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including derogations, the structure, membership period, size democratic accountability and activities of such organisations and associations, as well as the effects deriving from mergers; the conditions for recognition, withdrawal and suspension of recognition, the effects deriving thereof, as well as requirements to take remedial measures in the event of non-respect of the recognition criteria;transnational organisations and associations and the rules relating to administrative assistance in the case of transnational cooperation; the sectors subject to Member State authorisation to which outsourcing applies and the conditions and the nature of activities which may be outsourced, and the provision of technical means by organisations or associations; the basis for calculation of minimum volume or value of marketable production of organisations and associations; rules on the calculation of the volume of raw milk covered by negotiations by a producer organisation, the acceptance of members who are not producers, in the case of producer organisations, or who are not producer organisations, in the case of an association of producer organisations;the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including the use and allocation of such payments by those organisations and a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn.

(143) Monitoring trade flows is primarily a management issue which should be addressed in a flexible way. The decision on the introduction of licence requirements should be made taking account of the need for licences, the need for the management of the markets concerned and, in particular, the need for monitoring the imports or exports of the products in question.

(144) In order to take into account the international obligations of the Union and the applicable Union social, environmental and animal welfare standards, the need to monitor the evolution of trade and market developments and imports and exports, the need for sound market management and the need to reduce the administrative burden, the power to adopt certain acts should be delegated to the Commission in respect of the list of the products subject to the presentation of an import or export licence, and the cases and situations where the presentation of an import or export licence is not required.

(145) In order to provide further elements of the licence system, the power to adopt certain acts should be delegated to the Commission in respect of rules on: the rights and obligations deriving from the licence, its legal effects and the cases where a tolerance applies as regards compliance with the obligation to import or export the quantity mentioned in the licence or, where the origin is to be indicated, the issue of an import licence or the release into free circulation being subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products; the transfer of the licence or restrictions on its transferability; additional conditions for import licences for hemp and the principle of administrative assistance between Member States to prevent or deal with cases of fraud and irregularities; and the cases and situations where the lodging of a security guaranteeing that the products are imported or exported within the period of validity of the licence is or is not required.

(146) The essential elements of customs duties applicable to agricultural products reflecting WTO agreements and bilateral agreements are laid down in the Common Customs Tariff. The Commission should be empowered to adopt measures for the detailed calculation of import duties pursuant to those essential elements.

(147) The entry price system should be maintained for certain products. In order to ensure the efficiency of that system, the power to adopt certain acts should be delegated to the Commission in respect of checking the veracity of the declared price of a consignment using a flat-rate import value, and providing for the conditions under which the lodging of a security is required.

(148) In order to prevent or counteract adverse effects on the Union market which might result from imports of certain agricultural products, imports of such products should be subject to payment of an additional duty, where certain conditions are fulfilled.

(149) It is appropriate, under certain conditions, to open and administer import tariff quotas resulting from international agreements concluded in accordance with the TFEU or from other Union legal acts. For import tariff quotas, the method of administration adopted should give due weight to the supply requirements of the existing and emerging Union production, processing and consumption markets, in terms of the competitiveness, certainty and continuity of supply, and to the need to safeguard the equilibrium of the market.

(150) In order to comply with the undertakings contained in the agreements concluded as part of the Uruguay Round of multilateral trade negotiations concerning tariff quotas for the import, into Spain, of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for the import, into Portugal, of 500 000 tonnes of maize, the power to adopt certain acts should be delegated to the Commission in respect of establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned.

(151) In order to ensure fair access to the quantities available and the equal treatment of operators within the tariff quota, the power to adopt certain acts should be delegated to the Commission in respect of: determining the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota; establishing rules on the transfer of rights between operators and, where necessary, the limitations that apply to transfers within the management of the tariff quota; making participation in the tariff quota subject to the lodging of a security; and providing, where necessary, for any particular specific characteristics, requirements or restrictions applicable to the tariff quota as set out in the international agreement or other act concerned.

(152) Agricultural products may in certain cases benefit from special import treatment in third countries if the products comply with certain specifications and/or price conditions. Administrative cooperation between the authorities in the importing third country and the Union is necessary to ensure the correct application of such a system. To that end, the products should be accompanied by a certificate issued in the Union.

(153) In order to ensure that products that are exported may benefit from a special treatment on import into a third country if certain conditions are respected, pursuant to international agreements concluded by the Union in accordance with the TFEU, the power to adopt certain acts should be delegated to the Commission in respect of requiring the competent authorities of Member States, on request and after appropriate checks, to issue a document certifying that the conditions are met.

(154) In order to prevent illicit crops from disturbing the market for hemp for fibre, this Regulation should provide for checks on imports of hemp and hemp seed to ensure that such products offer certain guarantees with regard to their tetrahydrocannabinol content. In addition, imports of hemp seed intended for uses other than sowing should continue to be subject to a control system which provides for the importers concerned to be authorised.

(155) A quality policy is being pursued throughout the Union as regards products of the hops sector. In the case of imported products, the provisions ensuring that only products complying with equivalent minimum quality characteristics are imported should be incorporated in this Regulation. In order to minimise the administrative burden, the power to adopt certain acts should be delegated to the Commission in respect of the cases in which obligations related to an attestation of equivalence and the labelling of packaging should not apply.

(156) The Union has concluded several preferential market access arrangements with third countries which allow those countries to export cane sugar to the Union under favourable conditions. The related provisions on the evaluation of the refiners' need for sugar for refining and, subject to certain conditions, the reservation of import licences to specialised users of significant quantities of imported raw cane sugar who are considered to be full-time refiners in the Union, should be maintained for a certain period. In order to ensure that imported sugar for refining is refined in accordance with those requirements, the power to adopt certain acts should be delegated to the Commission in respect of the use of terms for the operation of import arrangements; the conditions and eligibility requirements that an operator has to fulfil to lodge an application for an import licence, including the lodging of a security, and rules on administrative penalties to be imposed.

(157) The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism may, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against the disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union.

(158) It is appropriate to enable suspension of the use of inward and outward processing arrangements where the Union market is disturbed or is liable to be disturbed by such arrangements.

(159) Refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should be retained as a measure which may cover certain products to which this Regulation applies where the conditions in the internal market are such as those described for exceptional measures. Subsidised exports should be subject to limits in terms of value and quantity, and, without prejudice to the application of exceptional measures, the refund available should be zero.

(160) Compliance with the limits expressed in terms of value should be ensured at the time when the export refunds are fixed through the monitoring of payments under the rules relating to the European Agricultural Guarantee Fund. Monitoring should be facilitated by the compulsory advance fixing of export refunds, while providing for the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical area to which a single export refund rate applies. In the case of a change of destination, the export refund applicable to the actual destination should be paid, with a ceiling on the amount applicable to the destination fixed in advance.

(161) Compliance with the quantity limits should be ensured by a reliable and effective system of monitoring. To that end, the granting of export refunds should be made subject to an export licence. Export refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule should be permitted only for processed products not listed in Annex I to the Treaties, to which volume limits do not apply. Provision should be made for a derogation from the requirement of strict compliance with management rules where exports benefiting from export refunds are not likely to exceed the quantity laid down.

(162) In the case of the export of live bovine animals, export refunds should be granted and paid only if the provisions established in Union legislation concerning animal welfare, in particular those concerning the protection of animals during transport, are respected.

(163) In order to ensure the proper functioning of the export refund system, the power to adopt certain acts should be delegated to the Commission in respect of the requirement to lodge a security guaranteeing the execution of the operator's obligations.

(164) In order to minimise the administrative burden for operators and authorities, the power to adopt certain acts should be delegated to the Commission in respect of setting thresholds below which the obligation to issue or present an export licence may not be required, designating destinations or operations where an exemption from the obligation to present an export licence can be justified, and permitting, in justified situations, export licences to be granted ex-post.

(165) In order to address practical situations justifying the full or partial eligibility for export refunds, and in order to help operators bridge the period between the application for and the final payment of the export refund, the power to adopt certain acts should be delegated to the Commission in respect of rules on: another date for the refund; advance payment of export refunds, including the conditions for the lodging and release of a security; additional proof where doubts exist as to the real destination of products, and the opportunity for re-importation into the customs territory of the Union; destinations treated as exports from the Union, and the inclusion of destinations within the customs territory of the Union eligible for export refunds.

(166) In order to ensure equal access to export refunds for exporters of products listed in Annex I to the Treaties and of products processed therefrom, the power to adopt certain acts should be delegated to the Commission in respect of applying certain rules for agricultural products to products exported in the form of processed goods.

(167) In order to ensure that products benefiting from export refunds are exported from the customs territory of the Union and to avoid their return to that territory, as well as to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the power to adopt certain acts should be delegated to the Commission in respect of rules on: the time limit by which the exit from the customs territory of the Union must be finalised, including the time for temporary re-entry; the processing that products benefiting from export refunds may undergo during that period; the proof of having reached a destination in order to be eligible for differentiated refunds; the refund thresholds and conditions under which exporters may be exempted from such proof; and conditions for approval of proof, provided by independent third parties, of reaching a destination where differentiated refunds apply.

(168) In order to encourage exporters to respect animal welfare conditions, and in order to enable the competent authorities to verify correct expenditure of export refunds where this is conditional on respect for animal welfare requirements, the power to adopt certain acts should be delegated to the Commission in respect of animal welfare requirements outside the customs territory of the Union, including the use of independent third parties.

(169) In order to take account of the specific characteristics of the different sectors, the power to adopt certain acts should be delegated to the Commission in respect of specific requirements and conditions for operators and of the products eligible for an export refund, and the establishment of coefficients for the purposes of calculating export refunds, taking into account the ageing process of certain spirit drinks obtained from cereals.

(170) Minimum export prices for flowering bulbs are no longer useful and should be abolished.

(171) In accordance with Article 42 TFEU, the provisions of the TFEU concerning competition apply to the production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) TFEU and in accordance with the procedure laid down therein.

(172) In view of the specific characteristics of the agricultural sector and its reliance on the good functioning of the entire food supply chain, including the effective application of competition rules in all related sectors throughout the whole food chain, which can be highly concentrated, special attention should be paid to the application of the competition rules laid down in Article 42 TFEU. To that end, there is a need for close cooperation between the Commission and the competition authorities of Member States. Moreover, guidelines adopted, where appropriate, by the Commission are a suitable instrument to provide guidance to undertakings and other stakeholders concerned.

(173) It should be provided that the rules on competition relating to the agreements, decisions and practices referred to in Article 101 TFEU and to abuse of a dominant position apply to the production of, and the trade in, agricultural products, provided that their application does not jeopardise the attainment of the objectives of the CAP.

(174) A special approach should be allowed in the case of farmers' or producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 TFEU.

(175) Without prejudice to the regulation of supply for certain products, such as cheese and ham benefitting from a protected designation of origin or a protected geographic indication, or wine, which is governed by a specific set of rules, a special approach should be taken as regards certain activities of interbranch organisations on the condition that they do not lead to the partitioning of markets, affect the sound operation of the CMO, distort or eliminate competition, entail the fixing of prices or quotas, or create discrimination.

(176) The proper functioning of the internal market would be jeopardised by the granting of national aid. Therefore, the provisions of the TFEU concerning State aid should, as a general rule, apply to agricultural products. This notwithstanding, in certain situations exceptions should be allowed. Where such exceptions exist, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to Member States and to propose suitable measures.

(177) The provisions on the grubbing-up premium and certain measures under wine support programmes should not, in themselves, preclude national payments for the same purposes.

(178) Due to the specific economic situation of the production and marketing of reindeer and reindeer products, Finland and Sweden should continue to grant national payments in that regard.

(179) In Finland, sugar beet growing is subject to particular geographical and climatic conditions which adversely affect the sector in addition to the general effects of the sugar reform. That Member State should therefore be authorised, on a permanent basis, to make national payments to its sugar beet growers.

(180) Member States should be able to make national payments in order to co-finance the apiculture measures laid down under this Regulation, as well as to protect of apiaries disadvantaged by structural or natural conditions or subject to economic development programmes, except national payment allocated for production or trade.

(181) Member States participating in the schemes to improve access to food for children should be able to grant national aid in addition to Union aid for the supply of the products and for certain related costs.

(182) In order to address justified cases of crisis even after the end of the transitional period, Member States should be able to make national payments for crisis distillation within an overall budgetary limit of 15 % of the respective value of the Member State's relevant yearly budget for its national support programme. Such national payments should be notified to the Commission and approved before being granted.

(183) Member States should be allowed to continue to make national payments for nuts as currently provided for under Article 120 of Regulation (EC) No 73/2009, in order to cushion the effects of decoupling of the former Union aid scheme for nuts. In the interest of clarity, since that Regulation is to be repealed, those national payments should be provided for in this Regulation.

(184) Special intervention measures should be provided in order to react efficiently and effectively against threats of market disturbance. The scope of those measures should be defined.

(185) In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets, or other events and circumstances significantly disturbing or threatening to disturb the market, where that situation, or its effects on the market, is likely to continue or deteriorate, the power to adopt certain acts should be delegated to the Commission in respect of the measures necessary to address that market situation, while respecting any obligations resulting from international agreements and provided that any other measures available under this Regulation appear to be insufficient, including measures to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or provide for export refunds, or suspend import duties, in whole or in part, including for certain quantities or periods, as necessary.

(186) Restrictions to free circulation resulting from the application of measures intended to combat the spread of animal diseases could cause difficulties on the market in one or more Member States. Experience shows that serious market disturbances such as a significant drop in consumption or in prices may be attributed to a loss in consumer confidence due to public health or animal or plant health risks. In the light of experience, measures attributable to a loss in consumer confidence should be extended to plant products.

(187) The exceptional market support measures for beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat should be directly related to health and veterinary measures adopted in order to combat the spread of disease. They should be taken at the request of Member States in order to avoid serious disruption on the markets.

(188) In order to react effectively to exceptional circumstances, the power to adopt certain acts should be delegated to the Commission in respect of extending the list of products, as set out in this Regulation, in respect of which exceptional support measures may be adopted.

(189) The Commission should be authorised to adopt the necessary measures to solve specific problems in case of emergency.

(190) Reacting efficiently and effectively against threats of market disturbance may be of particular importance for the milk sector. Similarly, specific problems in case of emergency may arise. It is therefore necessary to emphasise that the adoption by the Commission of the above mentioned measures in case of market disturbance, including market imbalance, or those needed to solve specific problems in case of emergency may address in particular the milk sector.

(191) In order to respond to periods of severe market imbalance, specific categories of collective actions by private operators may be appropriate, as exceptional measures, in order to stabilise the sectors concerned, subject to precise safeguards, limits and conditions. Where such actions could fall under the scope of Article 101(1) TFEU, the Commission should be able to provide a derogation for a limited period. These actions should however complement Union action in the framework of public intervention and private storage or exceptional measures envisaged by this Regulation, and should not impair the functioning of the internal market.

(192) It should be possible to require undertakings, Member States or third countries to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency and the proper functioning of CAP measures, checking, controlling, monitoring, evaluating and auditing CAP measures, and complying with the requirements laid down in international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should be empowered to adopt the necessary measures regarding communications. In so doing, it should take into account the data needs and synergies between potential data sources.

(193) In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the power to adopt certain acts should be delegated to the Commission in respect of the nature and type of the information to be notified; the categories of data to be processed and maximum retention periods; the purpose of processing, in particular in the event of the publication of such data and their transfer to third countries; the access rights to the information or information systems made available; and the conditions of publication of the information.

(194) Union law concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council(10) and Regulation (EC) No 45/2001 of the European Parliament and of the Council(11) is applicable.

(195) The European Data Protection Supervisor was consulted and delivered an opinion on 14 December 2011(12).

(196) Funds should be transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in Article 24 of Regulation (EU) No 1306/2013 and paragraph 22 of the Interinstitutional 17 December 2013 Agreement between the European Parliament, the Council and the Commission on budgetary discipline, cooperation in budgetary matters and on sound financial management(13), and it should be clarified that this Regulation is the applicable basic act.

(197) In order to ensure the smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 to those laid down in this Regulation, the power to adopt certain acts should be delegated to the Commission in respect of establishing the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.

(198) The use of urgency procedure when adopting delegated acts under this Regulation should be reserved for exceptional cases where imperative grounds of urgency so require in order to react efficiently and effectively against threats of market disturbance or where market disturbances are occurring. The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified.

(199) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(14).

(200) The examination procedure should be used for the adoption of the acts implementing this Regulation given that those acts relate to the CAP as referred to in point (b)(ii) of Article 2(2) of Regulation (EU) No 182/2011. However, the advisory procedure should be used for the adoption of the acts implementing this Regulation relating to competition matters given that the advisory procedure is used in general for the adoption of implementing acts in the field of competition law.

(201) The Commission should adopt immediately applicable implementing acts relating to adopting, amending or revoking Union safeguard measures, to suspending the use of processing or inward or outward processing arrangements, if that is necessary to react immediately to the market situation, and to resolving specific problems, in an emergency, which need to be dealt with immediately, where, in duly justified cases, imperative grounds of urgency so require.

(202) In respect of certain measures under this Regulation which require swift action or which consist in the mere application of general provisions to specific situations without involving a discretion, the Commission should be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011.

(203) The Commission should further be empowered to carry out certain administrative or management tasks which do not entail the adoption of delegated or implementing acts.

(204) This Regulation should provide for certain specific rules concerning Croatia in accordance with the Act of Accession of Croatia(15).

(205) Pursuant to Regulation (EC) No 1234/2007, several measures by sector will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of the schemes concerned.

(206) Council Regulation (EEC) No 922/72(16) concerning aid for silkworms for the 1972/1973 rearing year is now obsolete; Regulation (EEC) No 234/79 concerning the procedures for adjusting the Common Customs Tariff nomenclature is superseded by this Regulation; Council Regulation (EC) No 1601/96(17) concerning aid to hops producers for the 1995 harvest is a temporary measure, which, by its nature, is now obsolete. Council Regulation (EC) No 1037/2001(18) authorising the offer and delivery of certain imported wines has been superseded by the provisions of the Agreement between the European Community and the United States of America on trade in wine adopted by Council Decision 2006/232/EC(19), and is therefore obsolete. In the interests of clarity and legal certainty, those Regulations should be repealed.

(207) Certain rules in the milk and milk products sector, in particular those concerning contractual relations and negotiations; regulation of the supply of cheese with a protected designation of origin or protected geographical indication; and declarations by first purchasers, producer organisations, associations of producer organisations and interbranch organisations have recently entered into force and remain justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied in that sector for a sufficiently long period (both before and after the abolition of milk quotas) to allow them to have full effect. However, those rules should be temporary in nature and should be subject to review. The Commission should adopt reports on the development of the milk market, covering, in particular, potential incentives to encourage farmers to enter into joint production agreements, the first of which is to be submitted by 30 June 2014, and the second by 31 December 2018,

HAVE ADOPTED THIS REGULATION:

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

PART I U.K. INTRODUCTORY PROVISIONS

Article 1 U.K. Scope

1. This Regulation establishes a common organisation of the markets for agricultural products, which means all the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in [F1 retained EU law] on the common organisation of the markets in fishery and aquaculture products.

2. Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in the respective parts of Annex I:

(a) cereals, Part I;

(b) rice, Part II;

(c) sugar, Part III;

(d) dried fodder, Part IV;

(e) seeds, Part V;

(f) hops, Part VI;

(g) olive oil and table olives, Part VII;

(h) flax and hemp, Part VIII;

(i) fruit and vegetables, Part IX;

(j) processed fruit and vegetable products, Part X;

(k) bananas, Part XI;

(l) wine, Part XII;

(m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

(n) tobacco, Part XIV;

(o) beef and veal, Part XV;

(p) milk and milk products, Part XVI;

(q) pigmeat, Part XVII;

(r) sheepmeat and goatmeat, Part XVIII;

(s) eggs, Part XIX;

(t) poultrymeat, Part XX;

(u) ethyl alcohol of agricultural origin, Part XXI;

(v) apiculture products, Part XXII;

(w) silkworms, Part XXIII;

(x) other products, Part XXIV.

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 3; 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. General common agricultural policy (CAP) provisions

Regulation (EU) No 1306/2013 and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

Article 3 U.K. Definitions

1. For the purposes of this Regulation, the definitions concerning certain sectors as set out in Annex II shall apply.

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The definitions set out in Regulation (EU) No 1306/2013, Regulation (EU) No 1307/2013(20) of the European Parliament and of the Council and Regulation (EU) No 1305/2013 of the European Parliament and of the Council(21) shall apply for the purposes of this Regulation, save as otherwise provided for in this Regulation.

4. In order to take into account the specific characteristics of the rice sector, the [F3 appropriate authority may make regulations] amending the definitions concerning the rice sector set out in Part I of Annex II to the extent necessary to update the definitions in the light of market developments.

5. For the purposes of this Regulation:

(a) "less developed regions" means those regions defined as such in point (a) of the first subparagraph of Article 90(2) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council(22).

(b) "adverse climatic event which can be assimilated to a natural disaster" means weather conditions such as frost, hail, ice, rain or drought which destroy more than 30 % of the average annual production of a given farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

[F4 (c) ‘appropriate authority’ means:

(i) [F5 subject to point (ii),] 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:

[F6 (zaa in relation to regulations made under Articles 122, 123, 166(b), 174(1) or 223, where the subject matter is outside devolved competence;]

(aa) in relation to Wales, other than in relation to Articles 10, 16 [F7 , 21, 22, [F8 23,] 24, 25, 126 ], 55 and 225 and 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.]

6. [F9 For the purposes of this Regulation, a matter is outside devolved competence if it would be outside the legislative competence of:

(a) in relation to Wales, the National Assembly for Wales if it were included in an Act of the Assembly (see section 108A of the Government of Wales Act 2006);

(b) in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

(c) in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).]

7. [F10 For the purposes of this Regulation, any reference to “CN code” shall be read as a reference to the relevant Commodity Code in accordance with the customs tariff, as established by section 8(1) of the Taxation (Cross-border Trade) Act 2018.]

Textual Amendments

F2 Art. 3(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 4(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 3(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 3(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 3(5)(c)-(f) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 4(b) (as amended by S.I. 2019/1405, reg. 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(5)(c)(i) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 3(5)(c)(ii)(zaa) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(5)(c)(ii)(aa) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 3(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Art. 3(5)(c)(ii)(aa) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 3(6) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 3(7) inserted (31.12.2020) 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)(a), 4(2)

Article 4 U.K. Adjustments to the Common Customs Tariff nomenclature used for agricultural products

Where necessary in order to take into account amendments to the combined nomenclature, the [F11 Secretary of State may make regulations] adjusting the description of products and references in this Regulation to the headings or subheadings of the combined nomenclature.

Textual Amendments

F11 Words in Art. 4 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Conversion rates for rice

The [F12 Secretary of State may make regulations]:

(a)

fixing the conversion rates for rice at various stages of processing, the processing costs and the value of by-products;

(b)

[F13 setting out] necessary measures regarding the application of conversion rates for rice.

F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Words in Art. 5 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 5 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 5 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Marketing years

The following marketing years shall be established:

(a)

1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

(b)

1 April to 31 March of the following year for the dried fodder and silkworm sectors;

(c)

1 July to 30 June of the following year for:

(i)

the cereals sector;

(ii)

the seeds sector;

(iii)

the olive oil and table olives sector;

(iv)

the flax and hemp sector;

(v)

the milk and milk products sector;

(d)

1 August to 31 July of the following year for the wine sector;

(e)

1 September to 31 August of the following year for the rice sector;

(f)

1 October to 30 September of the following year for the sugar sector.

F15 Article 7 U.K. Reference thresholds

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

Textual Amendments

F15 Art. 7 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

PART II U.K. INTERNAL MARKET

TITLE I U.K. MARKET INTERVENTION

CHAPTER I U.K. Public intervention and aid for private storage

Section 1 U.K. General provisions on public intervention and aid for private storage

Article 8 U.K. Scope

This Chapter lays down rules on market intervention concerning:

(a)

public intervention, where products are bought in by the [F16 appropriate authority] and stored by [F17 it] until disposed of; and

(b)

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

Textual Amendments

F16 Words in Art. 8(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 6(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Word in Art. 8(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 6(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Article 9 U.K. Origin of eligible products

Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the [F18 United Kingdom]. In addition, if they come from crops, those crops shall have been harvested in the [F18 United Kingdom], and if they come from milk, that milk shall have been produced in the [F18 United Kingdom].

[F19 In relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020, the first paragraph is to be read as if “for buying-in under public intervention or” were omitted.]

[F20 In relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023, the first paragraph is to be read as if “for buying-in under public intervention or” were omitted.]

Textual Amendments

F18 Words in Art. 9 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 7; 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 9 inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(2) (with reg. 10)

F20 Words in Art. 9 inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(2) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Article 10 U.K. F21 ... Scales for the classification of carcasses

F22 ... Scales for the classification of carcasses shall apply in accordance with, respectively, points A and B of Annex IV in the beef and veal sector as regards carcasses of bovine animals aged eight months or more and in the pigmeat sector as regards pigs other than those that have been used for breeding.

In the sheepmeat and goatmeat sector, [F23 the appropriate authority] may apply a F24 ... scale for the classification of sheep carcasses in accordance with the rules laid down in point C of Annex IV.

Textual Amendments

F21 Word in Art. 10 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 8(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Word in Art. 10 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 8(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 10 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 8(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F24 Word in Art. 10 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 8(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Section 2 U.K. Public intervention

Article 11 U.K. Products eligible for public intervention

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions [F25 prescribed in legislation made [F26 pursuant to Articles 19 or 20][F26 under any of Articles 19 and 20 of this Regulation and section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020]]:

(a)

common wheat, durum wheat, barley and maize;

(b)

paddy rice;

(c)

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;

(d)

butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the [F27 United Kingdom ] of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

(e)

skimmed milk powder of top quality made from cow's milk in an approved undertaking in the [F28 United Kingdom] by the spray process, with a minimum protein content of 34,0 % by weight of the fat free dry matter.

[F29 This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F30 This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.]

Textual Amendments

F25 Words in Art. 11 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 9(a); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 11 substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(2)

F27 Words in Art. 11(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 9(b); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 11(e) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 9(b); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 11 inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(3) (with reg. 10)

F30 Words in Art. 11 inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(3) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Article 12 U.K. Public intervention periods

Public intervention shall be available for:

(a)

common wheat, durum wheat, barley and maize, from 1 November to 31 May;

(b)

paddy rice, from 1 April to 31 July;

(c)

beef and veal, throughout the year;

(d)

butter and skimmed milk powder, from 1 March to 30 September.

[F31 This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F32 This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.]

Textual Amendments

F31 Words in Art. 12 inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(3) (with reg. 10)

F32 Words in Art. 12 inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(4) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

[F33 Article 13 U.K. Public intervention

1. The appropriate authority must buy in common wheat, butter and skimmed milk powder during the periods referred to in Article 12 in respect of those products.

2. Subject to paragraphs 3 and 4, the appropriate authority may buy in any other products listed in Article 12 under public intervention during the periods referred to in respect of those products.

3. In the case of durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), the appropriate authority may only buy in products if the market situation so requires.

4. In the case of beef and veal, the appropriate authority may only buy in products if, over the representative period determined pursuant to point (c) of the first paragraph of Article 20, the average market price in the United Kingdom or in a particular region of the United Kingdom, recorded on the basis of the scale for classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85% of the reference threshold laid down in point (d) of [F34 Article 7(1)][F34 Article 1a of 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].

[F35 4A. In relation to England, paragraph 4 is to be read as if for “Article 7(1)” there were substituted “Article 1a(1) of 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”.]

5. The appropriate authority may close the tendering procedure for the beef and veal sector where, over the representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in paragraph 4 of this Article are no longer fulfilled.

[F36 6. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]]

[F37 7. This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.]

Textual Amendments

F33 Arts. 13, 14 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 4 (as amended by S.I. 2020/1445, reg. 16(2)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 13(4) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(3)

F35 Art. 13(4A) inserted (E.) (28.2.2023 at 9.00 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(a), 2

F36 Art. 13(6) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(4) (with reg. 10)

F37 Art. 13(7) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(5) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

[F33 Article 14 U.K. Buying-in at a fixed price or tendering

The appropriate authority may make regulations laying down measures on:

(a) fixing buying-in prices for the products referred to in Article 11; and

(b) quantitative limitations where buying-in is carried out at a fixed price.

Regulations under point (b) may provide for the quantitative limitation to be 0.]

[F38 This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F39 This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) for a period of five years beginning on 1 July 2023.]

Textual Amendments

F33 Arts. 13, 14 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 4 (as amended by S.I. 2020/1445, reg. 16(2)); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 14 inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(5) (with reg. 10)

F39 Words in Art. 14 inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(6) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Article 15 U.K. Public intervention price

1. Public intervention price means:

(a) the price at which products shall be bought in under public intervention where this is done at a fixed price; or

(b) the maximum price at which products eligible for public intervention may be bought in where this is done by tendering.

[F40 2. The appropriate authority may make regulations fixing the level of the public intervention price, including the amounts of increases and reductions.]

[F41 3. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F42 4. This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) for a period of five years beginning on 1 July 2023.]

Textual Amendments

F40 Art. 15(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 5; 2020 c. 1, Sch. 5 para. 1(1)

F41 Art. 15(3) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(6) (with reg. 10)

F42 Art. 15(4) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(7) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Article 16 U.K. General principles on disposal from public intervention

1. Disposal of products bought in under public intervention shall take place in such a way as to:

(a) avoid any disturbance of the market,

(b) ensure equal access to goods and equal treatment of purchasers, and

(c) be in compliance with the commitments resulting from international agreements [F43 to which the United Kingdom is a party].

F44 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Each year the [F45 appropriate authority] shall publish details of the conditions under which products bought in under public intervention were sold in the previous year.

[F46 4. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F47 5. This Article ceases to apply in Scotland in relation to public intervention schemes, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) for a period of five years beginning on 1 July 2023.]

Textual Amendments

F43 Words in Art. 16(1)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 10(a); 2020 c. 1, Sch. 5 para. 1(1)

F44 Art. 16(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 10(b); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 16(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 10(c); 2020 c. 1, Sch. 5 para. 1(1)

F46 Art. 16(4) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(7) (with reg. 10)

F47 Art. 16(5) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(8) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Section 3 U.K. Aid for private storage

Article 17 U.K. Eligible products

Aid for private storage may be granted in respect of the following products in accordance with the conditions set out in this Section and any further requirements and conditions [F48 prescribed in legislation made [F49 pursuant to Articles 18, 19 or 20][F49 under any of Articles 18, 19 and 20 of this Regulation and section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020]]:

(a)

white sugar;

(b)

olive oil;

(c)

flax fibre;

(d)

fresh or chilled meat of bovine animals aged eight months or more;

(e)

butter produced from cream obtained directly and exclusively from cow's milk;

(f)

cheese;

(g)

skimmed milk powder made from cow's milk;

(h)

pigmeat;

(i)

sheepmeat and goatmeat.

Point (f) of the first paragraph is restricted to cheese benefiting from a protected designation of origin or from a protected geographical indication under Regulation (EU) No 1151/2012 that is stored beyond the period of maturation laid down in the product specification for the product referred to in Article 7 of that Regulation and/or a period of maturation that contributes to increasing the value of the cheese.

[F50 The second paragraph does not apply in relation to England.]

[F51 The second paragraph ceases to apply in relation to Scotland on 1 July 2023.]

Textual Amendments

F48 Words in Art. 17 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 11; 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 17 substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(4)

F50 Words in Art. 17 inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(8) (with reg. 10)

F51 Words in Art. 17 inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(9) (with reg. 10)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Article 18 U.K. Conditions for granting aid

1. In order to provide for market transparency, the [F52 appropriate authority may, where necessary, make regulations] laying down the conditions under which it may decide to grant private storage aid for the products listed in Article 17, taking into account:

(a) average recorded F53 ... market prices [F54 in the United Kingdom ] and the reference thresholds and production costs for the products concerned; and/or

(b) the need to respond in a timely way to a particularly difficult market situation or economic developments having a significant negative impact on the margins in the sector.

2. The [F55 appropriate authority may make regulations]

(a) granting private storage aid for the products listed in Article 17, taking into account the conditions referred to in paragraph 1 of this Article;

(b) restricting the granting of private storage aid.

F56 ...

F57 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Words in Art. 18(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F53 Word in Art. 18(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 18(1) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 18(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 18(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F57 Art. 18(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 6(c) (as substituted by S.I. 2020/1445, regs. 1(2)(a), 16(3)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Arts. 8-18: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 9 (with s. 47)

C2 Arts. 8-18: power to modify conferred (N.I.) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(4)(a), Sch. 6 para. 9

C3 Arts. 8-18: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 22, 57(1)(b)(c)(6)

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

C5 Arts. 8-18: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 23, 56(4); S.I. 2023/1092, art. 2(a)

Section 4 U.K. Common provisions on public intervention and aid for private storage

Article 19 U.K. Delegated powers

1. In order to ensure that products bought in under public intervention or subject to aid for private storage are suitable for long-term storage and are of sound, fair and marketable quality, and in order to take into account the specific characteristics of the different sectors for the purposes of ensuring the cost-effective operation of public intervention and private storage, the [F58 appropriate authority may make regulations] laying down the requirements and conditions to be met by those products, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim to guarantee, for the products bought in and stored:

(a) their quality with respect to quality parameters, quality groups, quality grades, categories, product characteristics and age;

(b) their eligibility with respect to quantities, packaging including labelling, preservation, previous storage contracts, approval of undertakings and the stage of the products to which the public intervention price and the aid for private storage applies.

2. In order to take account of the specific characteristics of the cereals and paddy rice sectors, the [F59 appropriate authority may make regulations] laying down the quality criteria as regards both buying-in and sales of common wheat, durum wheat, barley, maize and paddy rice.

3. In order to ensure appropriate storage capacity and the efficiency of the public intervention system in terms of cost-effectiveness, distribution and access for operators, and in order to maintain the quality of products bought in under public intervention for their disposal at the end of the storage period, the [F60 appropriate authority may make regulations] laying down:

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

F61 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F62 3A. Paragraphs 1 to 3 do not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F63 3B. Paragraphs 1 to 3 cease to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.]

4. In order to ensure that aid for private storage has the desired effect on the market, the [F64 appropriate authority may make regulations] laying down:

(a) rules and conditions applicable where the quantity stored is lower than the contracted quantity;

(b) the conditions for granting an advance payment of such aid;

(c) the conditions under which it may be decided that products covered by private storage contracts may be re-marketed or disposed of.

5. In order to ensure the proper functioning of the public intervention and private storage systems, the [F65 appropriate authority may make regulations]:

(a) providing for the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;

(b) laying down the additional conditions to be fulfilled by operators in order to facilitate the effective management and control of the system for F66 ... operators;

(c) laying down the requirement for operators to lodge a security guaranteeing the fulfilment of their obligations.

[F67 5A. Paragraph 5 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.

5B. In relation to private storage aid schemes in England, paragraph 5 is to be read as if point (c) were omitted.]

[F68 5C. Paragraph 5 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.

5D. In relation to private storage aid schemes in Scotland, paragraph 5 is to be read as if point (c) has no effect.]

6. In order to take account of technical developments and of the needs of sectors referred to in Article 10, as well as of the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention measures, the [F69 appropriate authority may make regulations]:

(a) adapting and updating the provisions of Annex IV on the F70 ... scales for the classification, identification and presentation of carcasses;

(b) laying down supplementary provisions relating to classification, including by qualified classifiers, to grading, including by automated grading techniques, to identification, weighing and marking of carcasses and to the calculation of average [F71 prices in the United Kingdom] and to the weighting coefficients used in the calculation of those prices;

(c) laying down, in the beef and veal sector, derogations from provisions and specific derogations [F72 applying] to slaughterhouses in which few bovine animals are slaughtered, and additional provisions for the products concerned, including regarding the classes of conformation and fat cover and, in sheepmeat sector, further provisions as regards weight, colour of meat and fat cover and the criteria for the classification of light lambs;

[F73 (d) providing for the grading scale for classification of pig carcasses not to apply, providing for derogations from the scale, or providing for assessment criteria to be used in addition to weight and estimated lean-meat content.]

[F74 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Scotland (see section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F75 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F76 This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Wales [F77 (see section 35(1) of the Agriculture (Wales) Act 2023)].]

[F78 7. In relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020, or in relation to private storage aid schemes in England, the first subparagraph of paragraph 6 is to be read as if, for “the market intervention measures”, there were substituted “aid for private storage”.]

[F79 8. In relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023, the first paragraph is to be read as if, for “the market intervention measures”, there were substituted “aid for private storage”.]

Textual Amendments

F58 Words in Art. 19(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(a); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 19(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(b); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 19(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F61 Art. 19(3)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F62 Art. 19(3A) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(9)(a) (with reg. 10)

F63 Art. 19(3B) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(10)(a) (with reg. 10)

F64 Words in Art. 19(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(d); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 19(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 19(5)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F67 Art. 19(5A)(5B) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(9)(b) (with reg. 10)

F68 Art. 19(5C)(5D) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(10)(b) (with reg. 10)

F69 Words in Art. 19(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F70 Word in Art. 19(6)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in Art. 19(6)(b) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F72 Word in Art. 19(6)(c) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F73 Art. 19(6)(d) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 7(f)(v); 2020 c. 1, Sch. 5 para. 1(1)

F74 Words in Art. 19(6) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(2) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F75 Words in Art. 19(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 4 (with Sch. 7 para. 16); S.I. 2022/1255, reg. 2(b)

F76 Words in Art. 19(6) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 19 (with Sch. 7 para. 31); S.I. 2022/1204, reg. 2(a)

F77 Words in Art. 19(6) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 14 (with Sch. 3 para. 18); S.I. 2023/1092, art. 2(h)

F78 Art. 19(7) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(9)(c) (with reg. 10)

F79 Art. 19(8) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(10)(c) (with reg. 10)

Modifications etc. (not altering text)

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

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

The [F80 appropriate authority may make regulations in relation to the] application of this Chapter. Those measures may, in particular, concern the following:

(a)

the costs payable by the operator where products delivered for public intervention do not meet the minimum quality requirements;

(b)

the fixing of minimum storage capacity for intervention storage places;

(c)

the representative periods, markets, and market prices necessary for the application of this Chapter;

(d)

the delivery of the products to be bought in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;

(e)

the different operations connected with the boning process for the beef and veal sector;

(f)

the practical arrangements for the packaging, marketing and labelling of products;

(g)

the procedures for the approval of undertakings producing butter and skimmed milk powder for the purposes of this Chapter;

(h)

any authorisation of storage outside the [F81 constituent nation ] where the products have been bought in and stored;

(i)

the sale or disposal of products bought in under public intervention, regarding, in particular, selling prices, the conditions for removal from storage, the subsequent use or destination of products releasedF82 ...;

(j)

in respect of products bought in under public intervention, the provisions relating to the possibility for [F83 the relevant authority] to sell, at their own responsibility, small quantities remaining in storage or quantities which may no longer be repackaged or which have deteriorated;

(k)

in respect of private storage, the conclusion and the content of contracts between the competent authority F84 ... and the applicants;

(l)

the placing and keeping of products in private storage and their removal from storage;

(m)

the duration of the private storage period and the provisions according to which such periods, once specified in the contracts, may be curtailed or extended;

(n)

the procedures to be followed for buying-in at a fixed price, including the procedures for, and the amount of, the security to be lodged, or for the granting of aid fixed in advance for private storage;

(o)

the use of tendering procedures, both for public intervention and for private storage, in particular as regards:

(i)

the submission of offers or tenders and the minimum quantity for an application or submission;

(ii)

the procedures for, and the amount of, the security to be lodged; and

(iii)

the selection of offers F85 ...;

(p)

the implementation of F86 ... scales for the classification of beef, pig and sheep carcasses;

(q)

a different presentation of carcasses and half carcasses than the one laid down in point A.IV of Annex IV for the purpose of establishing market prices;

(r)

the corrective factors F87 ... to be used for a different presentation of beef and sheep carcasses where the reference presentation is not used;

(s)

the practical arrangements for the marking of classified carcasses and for the calculation [F88 of the weighted average price in the United Kingdom] for beef, pig and sheep carcasses;

(t)

[F89 provision] for a different presentation of pig carcasses than the one laid down in point B.III of Annex IV, if one of the following conditions is fulfilled:

(i)

normal commercial practice in [F90 the constituent nation] differs from the standard presentation defined in the first subparagraph of point B.III of Annex IV;

(ii)

technical requirements warrant it;

(iii)

carcasses are dehided in a uniform manner;

(u)

F91 ...

F92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F93 Points (p) to (t) do not apply in relation to slaughterhouses in Scotland (see section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F94 Points (p) to (t) do not apply in relation to slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F95 Points (p) to (t) do not apply in relation to slaughterhouses in Wales [F96 (see section 35(1) of the Agriculture (Wales) Act 2023)].]

[F97 This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.

In relation to private storage aid schemes in England, point (o) is to be read as if point (ii) were omitted.]

[F98 This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1), for a period of five years beginning on 1 July 2023.

In relation to private storage aid schemes in Scotland, point (o) is to be read as if point (ii) were omitted.]

Textual Amendments

F80 Words in Art. 20 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(a); 2020 c. 1, Sch. 5 para. 1(1)

F81 Words in Art. 20(h) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(b); 2020 c. 1, Sch. 5 para. 1(1)

F82 Words in Art. 20(i) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(c); 2020 c. 1, Sch. 5 para. 1(1)

F83 Words in Art. 20(j) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(d); 2020 c. 1, Sch. 5 para. 1(1)

F84 Words in Art. 20(k) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(e); 2020 c. 1, Sch. 5 para. 1(1)

F85 Words in Art. 20(o)(iii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(f); 2020 c. 1, Sch. 5 para. 1(1)

F86 Word in Art. 20(p) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(g); 2020 c. 1, Sch. 5 para. 1(1)

F87 Words in Art. 20(r) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(h); 2020 c. 1, Sch. 5 para. 1(1)

F88 Words in Art. 20(s) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(i); 2020 c. 1, Sch. 5 para. 1(1)

F89 Word in Art. 20(t) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(j)(i); 2020 c. 1, Sch. 5 para. 1(1)

F90 Words in Art. 20(t)(i) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(j)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F91 Art. 20(u) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(k); 2020 c. 1, Sch. 5 para. 1(1)

F92 Words in Art. 20 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 8(l); 2020 c. 1, Sch. 5 para. 1(1)

F93 Words in Art. 20 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(3) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F94 Words in Art. 20 inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 5 (with Sch. 7 para. 16); S.I. 2022/1255, reg. 2(b)

F95 Words in Art. 20 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 20 (with Sch. 7 para. 31); S.I. 2022/1204, reg. 2(a)

F96 Words in Art. 20 substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 15 (with Sch. 3 para. 18); S.I. 2023/1092, art. 2(h)

F97 Words in Art. 20 inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 4(10) (with reg. 10)

F98 Words in Art. 20 inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 3(11) (with reg. 10)

Modifications etc. (not altering text)

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

Article 21 U.K. Other implementing powers

[F99 This Article does not apply to the classification of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F100 This Article does not apply to the classification of carcasses by slaughterhouses in Wales [F101 (see section 35(1) of the Agriculture (Wales) Act 2023)].]

[F102 This Article does not apply to the classification of carcasses by slaughterhouses in Scotland (see section 11 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F103 By way of derogation from point C.III of Annex IV, the appropriate authority may make regulations providing for the following criteria for classification of lambs of less than 13kg carcass weight]:

(a)

carcass weight;

(b)

colour of meat;

(c)

fat cover.

F104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Words in Art. 21 inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 6 (with Sch. 7 para. 16); S.I. 2022/1255, reg. 2(b)

F100 Words in Art. 21 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 21 (with Sch. 7 para. 31); S.I. 2022/1204, reg. 2(a)

F101 Words in Art. 21 substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 16 (with Sch. 3 para. 18); S.I. 2023/1092, art. 2(h)

F102 Words in Art. 21 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(4) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F103 Words in Art. 21 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 9(a); 2020 c. 1, Sch. 5 para. 1(1)

F104 Words in Art. 21 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 9(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

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

CHAPTER II U.K. Aid schemes

[F105 Section 1 U.K. Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments

Article 22 U.K. Target group

The aid scheme intended to improve the distribution of agricultural products and improving children's eating habits is aimed at children who regularly attend nurseries, pre-schools or primary or secondary-level educational establishments which are administered or recognised by the [F106 relevant authority].

Textual Amendments

F106 Words in Art. 22 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 12; 2020 c. 1, Sch. 5 para. 1(1)

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

1. [F107 Aid may] be granted in respect of children in the educational establishments referred to in Article 22:

(a) for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article;

(b) for accompanying educational measures; and

(c) to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution.

The [F108 appropriate authority may make regulations setting ] limits for the proportion of F109 ... aid covering measures and costs referred to in points (b) and (c) of the first subparagraph of this paragraph.

2. For the purposes of this Section:

(a) ‘school fruit and vegetables’ means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4;

(b) ‘school milk’ means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V.

3. [F110 The relevant authority may], taking into account [F111 circumstances in the constituent nation], prioritise the distribution of products of either or both of the following groups:

(a) fruit and vegetables and fresh products of the banana sector;

(b) drinking milk and lactose-free versions thereof.

4. Notwithstanding paragraph 3, in order to promote the consumption of specific products and/or to respond to particular nutritional needs of children in [F112 the constituent nation, the relevant authority] may provide for the distribution of products of either or both of the following groups:

(a) processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;

(b) cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.

5. In cases where [F113 the relevant authority considers] it necessary for the attainment of the objectives of the school scheme and the goals stated in the strategies referred to in paragraph 8, [F114 it] may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the [F115 aid referred to in paragraph 1] shall be paid only for the milk component of the distributed product. That milk component shall not be lower than 90 % by weight for products of Category I of Annex V and 75 % by weight for products of Category II of Annex V.

[F116 The appropriate authority may make regulations fixing the level of aid for the milk component of the distributed product.]

6. Products distributed under the school scheme shall not contain any of the following:

(a) added sugars;

(b) added salt;

(c) added fat;

(d) added sweeteners;

(e) added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council(23).

Notwithstanding the first subparagraph of this paragraph, [F117 the relevant authority] may, after [F118 consulting the public bodies responsible for health and nutrition in the constituent nation] , decide that eligible products referred to in paragraphs 4 and 5 may contain limited quantities of added sugar, added salt and/or added fat.

F119 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F120 The relevant authority must ensure that there is a strategy in place for the implementation of the scheme in the constituent nation for any period during which it intends to make payments under the scheme. The strategy may cover a period of up to six years and may be amended by the relevant authority at any time], in particular in the light of monitoring and evaluation and of the results achieved. The strategy shall at least identify the needs to be met, the ranking of the needs in terms of priorities, the target group, the results expected to be achieved and, if available, the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.

The strategy may contain specific elements relating to the implementation of the school scheme, including those intended to simplify its management.

[F121 Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ]

9. [F122 The relevant authority] shall determine in [F123 its strategy] the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. [F124 In drawing up that list, the relevant authority must consult, where appropriate, the public bodies responsible for health and nutrition in the constituent nation. ]

10. [F125 The relevant authority] shall, in order to make the school scheme effective, also provide for accompanying educational measures, which may include, inter alia, measures and activities aimed at reconnecting children with agriculture through activities, such as farm visits, and the distribution of a wider variety of agricultural products as referred to in paragraph 7. Those measures may also be designed to educate children about related issues, such as healthy eating habits, local food chains, organic farming, sustainable production or combating food waste.

11. [F126 The relevant authority] shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the [F127 United Kingdom]. [F126 The relevant authority] may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.

[F128 The relevant authority] may consider, in [F129 its strategy], prioritising sustainability and fair-trade considerations.

Textual Amendments

F107 Words in Art. 23(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F108 Words in Art. 23(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F109 Word in Art. 23(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F110 Words in Art. 23(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F111 Words in Art. 23(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F112 Words in Art. 23(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(c); 2020 c. 1, Sch. 5 para. 1(1)

F113 Words in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F114 Word in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F115 Words in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F116 Words in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F117 Words in Art. 23(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F118 Words in Art. 23(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F119 Art. 23(7) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(f); 2020 c. 1, Sch. 5 para. 1(1)

F120 Words in Art. 23(8) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(g)(i); 2020 c. 1, Sch. 5 para. 1(1)

F121 Words in Art. 23(8) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F122 Words in Art. 23(9) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F123 Words in Art. 23(9) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F124 Words in Art. 23(9) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(h)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F125 Words in Art. 23(10) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(i); 2020 c. 1, Sch. 5 para. 1(1)

F126 Words in Art. 23(11) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(j)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F127 Words in Art. 23(11) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(j)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F128 Words in Art. 23(11) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(j)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F129 Words in Art. 23(11) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(j)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Article 23a U.K. [F130 Publicity] provisions

F131 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F132 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.] [F133 The relevant authority] may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. [F133 The relevant authority] shall ensure the added value and the visibility of the F134 ... school scheme in relation to the provision of other meals in educational establishments.

Textual Amendments

F130 Word in Art. 23a heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F131 Art. 23a(1)-(7) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)

F132 Words in Art. 23a(8) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 14(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F133 Words in Art. 23a(8) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 14(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F134 Word in Art. 23a(8) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 14(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K. Delegated powers

1. In order to promote the healthy eating habits of children and to ensure that the aid under the school scheme is aimed at children in the target group referred to in Article 22, the [F135 appropriate authority may make regulations] concerning rules on:

(a) the additional criteria related to the eligibility of the target group referred to in Article 22;

(b) the approval and selection of aid applicants by F136 ...;

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

2. [F137 In order to ensure proper management of public funds and to facilitate the implementation of the school scheme, the appropriate authority may make regulations laying down:

(a) costs and measures eligible for funding;

(b) provisions for monitoring and evaluating the effectiveness of the school scheme.]

3. In order to take account of scientific developments, the [F138 appropriate authority may make regulations] in order to supplement the list of artificial flavour-enhancers referred to in point (e) of the first subparagraph of Article 23(6).

In order to ensure that products distributed in accordance with Article 23(3), (4) and (5) meet the objectives of the school scheme, the [F139 appropriate authority may make regulations] in order to define the maximum levels for added sugar, added salt and added fat which may be allowed F140 ... under the second subparagraph of Article 23(6) and which are technically necessary to prepare or manufacture processed products.

4. In order to promote awareness of the school scheme [F141 the appropriate authority may make regulations requiring the school scheme to be publicised], including in relation to:

(a) if appropriate, the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier or graphic elements;

(b) the specific criteria related to the use of publicity tools.

5. In order to ensure the added value and the visibility of the school scheme, the [F142 appropriate authority may make regulations] in respect of the rules concerning the distribution of products in relation to the provision of other meals in educational establishments.

F143 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F135 Words in Art. 24(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F136 Words in Art. 24(1)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F137 Art. 24(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(b); 2020 c. 1, Sch. 5 para. 1(1)

F138 Words in Art. 24(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F139 Words in Art. 24(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F140 Words in Art. 24(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F141 Words in Art. 24(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F142 Words in Art. 24(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(e); 2020 c. 1, Sch. 5 para. 1(1)

F143 Art. 24(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 10(f); 2020 c. 1, Sch. 5 para. 1(1)

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

The [F144 appropriate authority may make regulations laying down] the measures necessary for the application of this Section, including those concerning:

(a)

the information to be contained in [F145 the strategy referred to in Article 23(8)];

(b)

the aid applications and payments, including the simplification of procedures resulting from the common framework for the school scheme;

(c)

the methods of publicising, and networking measures in respect of, the school scheme;

(d)

[F146 the format and content of monitoring and evaluation reports]

(e)

F147 ...

F148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F144 Words in Art. 25 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(a); 2020 c. 1, Sch. 5 para. 1(1)

F145 Words in Art. 25(a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(b); 2020 c. 1, Sch. 5 para. 1(1)

F146 Art. 25(d) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(c); 2020 c. 1, Sch. 5 para. 1(1)

F147 Art. 25(e) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(d); 2020 c. 1, Sch. 5 para. 1(1)

F148 Words in Art. 25 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 11(e); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F105 Substituted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.

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

F149 Article 29 U.K. Programmes to support the olive oil and table olives sector

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

Textual Amendments

F149 Arts. 29-31 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)

F149 Article 30 U.K. Delegated powers

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

Textual Amendments

F149 Arts. 29-31 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)

F149 Article 31 U.K. Implementing powers in accordance with the examination procedure

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

Textual Amendments

F149 Arts. 29-31 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)

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

Article 32 U.K. Operational funds

1. Producer organisations in the fruit and vegetables sector and/or their associations may set up an operational fund. The fund shall be financed by:

(a) financial contributions from:

(i)

members of the producer organisation and/or the producer organisation itself; or

(ii)

associations of producer organisations through the members of those associations;

(b) F150 ... financial assistance [F151 under Article 34], which may be granted to producer organisations, or to their associations where those associations present, manage and implement an operational programme or a partial operational programme, in accordance with the terms and conditions [F152 specified in legislation made pursuant to Article 37 or 38].

2. Operational funds shall be used only to finance operational programmes that have been submitted to and approved by [F153 the relevant authority].

Textual Amendments

F150 Word in Art. 32(1)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 16(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F151 Words in Art. 32(1)(b) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 16(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F152 Words in Art. 32(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 16(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F153 Words in Art. 32(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 16(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C6 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C7 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

Article 33 E+W+N.I. Operational programmes

1. Operational programmes in the fruit and vegetables sector shall have a minimum duration of three years and a maximum duration of five years. They shall have at least two of the objectives referred to in point (c) of Article 152(1) or two of the following objectives:

(a) planning of production, including production and consumption forecasting and follow-up;

(b) improvement of product quality, whether in a fresh or processed form;

(c) boosting products' commercial value;

(d) promotion of the products, whether in a fresh or processed form;

(e) environmental measures, particularly those relating to water, and methods of production respecting the environment, including organic farming;

[F154 (f) crisis prevention and management. F155 ...]

Operational programmes shall be submitted to the [F156 relevant authority for its approval].

[F157 Operational programmes for which an extension in line with the maximum duration of five years referred to in the first subparagraph is to be approved after 29 December 2020 may only be extended until 31 December 2022.

By way of derogation from the first subparagraph, new operational programmes that are approved after 29 December 2020 shall have a maximum duration of three years.]

2. Associations of producer organisations may also present an entire or partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. The operational programmes of associations of producer organisations shall be subject to the same rules as operational programmes of producer organisations and shall be considered with the operational programmes of member organisations.

To that end, the [F158 relevant authority] shall ensure that:

(a) measures under operational programmes of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations;

(b) the measures and their corresponding financial share are identified in the operational programme of each member organisation;

(c) there is no duplication of funding.

3. Crisis prevention and management referred to in point (f) of the first subparagraph of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:

F159 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) training measures and exchanges of best practices;

[F154 (c) promotion and communication, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period;

(d) support for the administrative costs of setting up mutual funds and financial contributions to replenish mutual funds, following the compensation paid to producer members who experience a severe drop in their income as a result of adverse market conditions;]

F160 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) harvest insurance[F154 ;]

F161 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support for harvest insurance shall contribute to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations.

Insurance contracts shall require that beneficiaries undertake necessary risk prevention measures.

Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fifth subparagraph, shall not comprise more than one third of the expenditure under the operational programme.

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for F162 ... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F163 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. [F164 The relevant authority] shall ensure that:

(a) operational programmes include two or more environmental actions; or

(b) at least 10 % of the expenditure under operational programmes covers environmental actions.

[F154 Environmental actions shall respect the requirements for agri-environment-climate or organic farming commitments laid down in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013.

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment-climate or organic farming commitments provided for in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013, each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph of this paragraph.]

Support for the environmental actions referred to in the first subparagraph of this paragraph shall cover additional costs and income foregone resulting from the action.

6. [F165 The relevant authority] shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F155 Words in Art. 33(1)(f) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F156 Words in Art. 33(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F157 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F158 Words in Art. 33(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(b); 2020 c. 1, Sch. 5 para. 1(1)

F159 Art. 33(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F160 Art. 33(3)(e)-(g) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F161 Art. 33(3)(i) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F162 Word in Art. 33(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(v); 2020 c. 1, Sch. 5 para. 1(1)

F163 Art. 33(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(d); 2020 c. 1, Sch. 5 para. 1(1)

F164 Words in Art. 33(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(e); 2020 c. 1, Sch. 5 para. 1(1)

F165 Words in Art. 33(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(e); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C6 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C8 Art. 33 modified (E.) (25.7.2023) by The Fruit and Vegetables Aid Scheme Closure (England) Regulations 2023 (S.I. 2023/743), regs. 1(1), 2

Article 33 S Operational programmes

[F915 1. Operational programmes in the fruit and vegetables sector shall have a minimum duration of two years and a maximum duration of three years.

Operational programmes must have at least two of the objectives referred to in point (c) of Article 152(1) or two of the following objectives:

(a) planning of production, including production and consumption forecasting and follow-up;

(b) improvement of product quality, whether in a fresh or processed form;

(c) boosting products’ commercial value;

(d) promotion of the products, whether in a fresh or processed form;

(e) environmental measures, particularly those relating to water, and methods of production respecting the environment, including organic farming;

(f) crisis prevention and management.

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

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

2. Associations of producer organisations may also present an entire or partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. The operational programmes of associations of producer organisations shall be subject to the same rules as operational programmes of producer organisations and shall be considered with the operational programmes of member organisations.

To that end, the [F916 relevant authority] shall ensure that:

(a) measures under operational programmes of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations;

(b) the measures and their corresponding financial share are identified in the operational programme of each member organisation;

(c) there is no duplication of funding.

3. Crisis prevention and management referred to in point (f) of the first subparagraph of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:

F917 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) training measures and exchanges of best practices;

[F918 (c) promotion and communication, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period;

(d) support for the administrative costs of setting up mutual funds and financial contributions to replenish mutual funds, following the compensation paid to producer members who experience a severe drop in their income as a result of adverse market conditions;]

F919 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F919 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F919 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) harvest insurance[F918 ;]

F920 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support for harvest insurance shall contribute to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations.

Insurance contracts shall require that beneficiaries undertake necessary risk prevention measures.

Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fifth subparagraph, shall not comprise more than one third of the expenditure under the operational programme.

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for F921 ... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F922 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. [F923 The relevant authority] shall ensure that:

(a) operational programmes include two or more environmental actions; or

(b) at least 10 % of the expenditure under operational programmes covers environmental actions.

[F918 Environmental actions shall respect the requirements for agri-environment-climate or organic farming commitments laid down in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013.

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment-climate or organic farming commitments provided for in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013, each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph of this paragraph.]

Support for the environmental actions referred to in the first subparagraph of this paragraph shall cover additional costs and income foregone resulting from the action.

6. [F924 The relevant authority] shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

Extent Information

E4 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F915 Art. 33(1) substituted (S.) (15.12.2023) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetables) (Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/311), regs. 1, 2

F916 Words in Art. 33(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(b); 2020 c. 1, Sch. 5 para. 1(1)

F917 Art. 33(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F918 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F919 Art. 33(3)(e)-(g) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F920 Art. 33(3)(i) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F921 Word in Art. 33(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(c)(v); 2020 c. 1, Sch. 5 para. 1(1)

F922 Art. 33(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(d); 2020 c. 1, Sch. 5 para. 1(1)

F923 Words in Art. 33(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(e); 2020 c. 1, Sch. 5 para. 1(1)

F924 Words in Art. 33(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 17(e); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C18 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

Article 34 U.K. F166 ... Financial assistance

1. The F167 ... financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 32(1) actually paid and limited to 50 % of the actual expenditure incurred.

2. The F168 ... financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisation or of their association.

However, in the case of producer organisations, that percentage may be increased to 4,6 % of the value of the marketed production, provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures.

In the case of associations of producer organisations, that percentage may be increased to 4,7 % of the value of the marketed production, provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures implemented by the association of producer organisations on behalf of its members.

3. At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme satisfying at least one of the following conditions:

F169 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;

(c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007(24);

(d) it is the first to be submitted by a recognised producer organisation which is the result of a merger between two recognised producer organisations;

(e) it is the first to be submitted by a recognised association of producer organisations;

F170 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F172 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F166 Word in Art. 34 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 18(a); 2020 c. 1, Sch. 5 para. 1(1)

F167 Word in Art. 34(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 18(a); 2020 c. 1, Sch. 5 para. 1(1)

F168 Word in Art. 34(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 18(a); 2020 c. 1, Sch. 5 para. 1(1)

F169 Art. 34(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 18(b); 2020 c. 1, Sch. 5 para. 1(1)

F170 Art. 34(3)(f) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(4); 2020 c. 1, Sch. 5 para. 1(1)

F171 Art. 34(3)(g) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 18(b); 2020 c. 1, Sch. 5 para. 1(1)

F172 Art. 34(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 18(c); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C6 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C7 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

[F173 Article 35 U.K. Additional financial assistance

1. The appropriate authority may make regulations allowing for the payment to producer organisations of additional financial assistance in regions where the degree of organisation of producers in the fruit and vegetable sector is particularly low.

2. Regulations under paragraph 1 must provide for the additional financial assistance payable to be:

(a) additional to the operational fund;

(b) no more than 80% of the financial contribution referred to in point (a) of Article 32(1).]

Textual Amendments

F173 Art. 35 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 12; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C6 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C7 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

Article 36 U.K. [F174 Framework and] strategy for operational programmes

1. [F175 The relevant authority must ensure that there is a framework in place in respect of the constituent nation] containing general conditions relating to the environmental actions referred to in Article 33(5). That framework shall provide, in particular, that such actions are to meet the appropriate requirements of Regulation (EU) No 1305/2013, in particular those set out in Article 3 thereof. [F176 Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole.]

F177 ...

2. [F178 The relevant authority must ensure that there is a strategy in place in respect of the constituent nation for sustainable operational programmes in the fruit and vegetable market. Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole]. Such a strategy shall include: :

(a) an analysis of the situation in terms of strengths and weaknesses and the potential for development;

(b) justification of the priorities chosen;

(c) the objectives of operational programmes and instruments, and performance indicators;

(d) assessment of operational programmes;

(e) reporting obligations for producer organisations.

The F179 ... strategy shall also integrate the F179 ... framework referred to in paragraph 1.

F180 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F174 Words in Art. 36 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 19(a); 2020 c. 1, Sch. 5 para. 1(1)

F175 Words in Art. 36(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 19(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F176 Words in Art. 36(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 19(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F177 Words in Art. 36(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 19(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F178 Words in Art. 36(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 19(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F179 Word in Art. 36(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 19(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F180 Art. 36(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 19(d); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C6 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C7 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

Article 37 U.K. Delegated powers

In order to ensure an efficient, targeted and sustainable support of producer organisations and their associations in the fruit and vegetables sector, the [F181 appropriate authority may make regulations] establishing rules on:

(a)

operational funds and operational programmes, concerning:

(i)

the estimated amounts, the decisions by producer organisations and their associations on the financial contributions and the use of operational funds;

(ii)

the measures, actions, expenditure and administrative and personnel costs to be included or excluded under operational programmes, the modification thereof and the [F182 any additional requirements] ;

(iii)

the avoidance of double funding between operational programmes and rural development programmes;

(iv)

operational programmes of associations of producer organisations;

(v)

the specific rules applicable to cases in which associations of producer organisations manage, process, implement and present, wholly or in part, operational programmes;

(vi)

the obligation to use common indicators for the purposes of monitoring and evaluation of operational programmes;

(b)

the national framework and national strategy for operational programmes concerning the obligation to monitor and evaluate the effectiveness of the national frameworks and the national strategies;

(c)

F183 ... financial assistance, concerning:

(i)

the basis for the calculation of F183 ... financial assistance and of the value of the marketed production, referred to in Article 34(2);

(ii)

applicable reference periods for the calculation of aid;

(iii)

the provision of advance payments and the requirement to lodge a security where an advance payment of aid is made;

(iv)

the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the application of the limits provided for in Article 34(2);

(d)

crisis prevention and management measures, concerning:

(i)

the possibility for [F184 the relevant authority] not to apply one or more crisis prevention and management measures;

(ii)

[F154 conditions relating to points [F185 (b) and (c)] of the first subparagraph of Article 33(3);]

(iii)

F186 ...

(iv)

F186 ...

(v)

F186 ...

(vi)

F186 ...

(vii)

F186 ...

(viii)

the conditions for the recipients of withdrawn products;

(ix)

the use of terms for the purposes of this Section;

(x)

F187 ...

(xi)

harvest insurance;

(xii)

mutual funds; and

(xiii)

F188 ...

(e)

[F189 additional] financial assistance, concerning:

(i)

the degree of organisation of producers;

(ii)

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

(iii)

F190 ...

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F181 Words in Art. 37 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F182 Words in Art. 37(a)(ii) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(b); 2020 c. 1, Sch. 5 para. 1(1)

F183 Word in Art. 37(c) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(c); 2020 c. 1, Sch. 5 para. 1(1)

F184 Words in Art. 37(d)(i) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F185 Words in Art. 37(d)(ii) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F186 Arts. 37(d)(iii)-(vii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F187 Art. 37(d)(x) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F188 Art. 37(d)(xiii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F189 Word in Art. 37(e) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F190 Art. 37(e)(iii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 13(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C6 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C7 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

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

The [F191 appropriate authority may make regulations] laying down measures concerning:

(a)

the management of operational funds;

(b)

the information to be contained in operational programmes, F192 ... frameworks and F192 ... strategies referred to in Article 36, the submission of operational programmes to [F193 the relevant authority], time limits, accompanying documents and approval by [F193 the relevant authority];

(c)

the implementation of operational programmes by producer organisations and associations of producer organisations;

(d)

the submission, format and content of monitoring and evaluation reports of F194 ... strategies and operational programmes;

(e)

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

(f)

F195 ...

(g)

F195 ...

(h)

F195 ...

(i)

[F154 promotion, communication, [F196 and training] measures in cases of crisis prevention and management;]

(j)

the implementation of F197 ... harvest insurance measures;

(k)

F198 ...

(l)

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

F199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F191 Words in Art. 38 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F192 Word in Art. 38(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F193 Words in Art. 38(b) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F194 Word in Art. 38(d) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(c); 2020 c. 1, Sch. 5 para. 1(1)

F195 Arts. 38(f)-(h) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(d); 2020 c. 1, Sch. 5 para. 1(1)

F196 Words in Art. 38(i) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(e); 2020 c. 1, Sch. 5 para. 1(1)

F197 Words in Art. 38(j) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(f); 2020 c. 1, Sch. 5 para. 1(1)

F198 Art. 38(k) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(g); 2020 c. 1, Sch. 5 para. 1(1)

F199 Words in Art. 38 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 14(h); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C6 Arts. 32-38: power to modify conferred (E.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C7 Arts. 32-38: power to modify conferred (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 7, 26(2) (with s. 25); S.S.I. 2020/373, reg. 2(2)(b)

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

Subsection 1 U.K. General provisions and eligible measures

F200 Article 39 U.K. Scope

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

Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 40 U.K. Compatibility and consistency

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

Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 41 U.K. Submission of support programmes

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 42 U.K. Content of support programmes

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 43 U.K. Eligible measures

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 44 U.K. General rules concerning support programmes

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 2 U.K. Specific support measures

F200 Article 45 U.K. Promotion

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 46 U.K. Restructuring and conversion of vineyards

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 47 U.K. Green harvesting

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 48 U.K. Mutual funds

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 49 U.K. Harvest insurance

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 50 U.K. Investments

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 51 U.K. Innovation in the wine sector

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 52 U.K. By-product distillation

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 3 U.K. Procedural provisions

F200 Article 53 U.K. Delegated powers

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F200 Article 54 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F200 Arts. 39-54 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

Section 5 U.K. Aid in the apiculture sector

Article 55 U.K. [F201 Programmes] and financing

1. With a view to improving general conditions for the production and marketing of apiculture products, [F202 the appropriate authority] may draw up [F203 programmes for the apiculture sector in the constituent nation] covering a period of three years ("apiculture programmes"). These programmes shall be developed in cooperation with representative organisations in the beekeeping field.

[F204 By way of derogation from the first subparagraph, apiculture programmes drawn up for the period running from 1 August 2019 until 31 July 2022 shall be extended until 31 December 2022. The appropriate authority shall modify its apiculture programmes to take account of that extension.]

F205 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F206 Before drawing up a programme under paragraph 1, the appropriate authority must] carry out a study of the production and marketing structure in the beekeeping sector in [F207 the constituent nation].

4. The following measures may be included in apiculture programmes:

(a) technical assistance to beekeepers and beekeepers' organisations;

(b) combating beehive invaders and diseases, particularly varroasis;

(c) rationalisation of transhumance;

(d) measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products;

(e) measures to support the restocking of hives F208 ...;

(f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products;

(g) market monitoring;

(h) enhancement of product quality with a view to exploiting the potential of products on the market.

Textual Amendments

F201 Word in Art. 55 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 21(a); 2020 c. 1, Sch. 5 para. 1(1)

F202 Words in Art. 55(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F203 Words in Art. 55(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 21(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F204 Words in Art. 55(1) substituted (22.7.2022) by The Common Agricultural Policy (Cross-Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/861), regs. 1(2), 4(2)

F205 Art. 55(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 21(c); 2020 c. 1, Sch. 5 para. 1(1)

F206 Words in Art. 55(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 21(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F207 Words in Art. 55(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 21(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F208 Words in Art. 55(4)(e) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 21(e); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C9 Arts. 55-57: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 5 (with s. 47)

C10 Arts. 55-57: power to modify conferred (N.I.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 6 para. 6

C11 Arts. 55-57: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 18, 56(2)(c) (with s. 20)

Article 56 U.K. Delegated powers

[F209 1. In order to ensure the efficient and effective use of aid for apiculture, the appropriate authority may make regulations on the avoidance of double funding between apiculture programmes and rural development programmes.]

2. In order to ensure that [F210 any] aid scheme is adapted to the latest developments and that the measures covered are effective in improving the general conditions for the production and marketing of apiculture products, the [F211 appropriate authority may make regulations] to update the list of measures referred to in Article 55(4) that may be included in F212 ... apiculture programmes, by adding other measures or adapting those measures without deleting any of them. That update of the list of measures shall not affect F213 ... programmes adopted prior to the entry into force of [F214 those provisions].

Textual Amendments

F209 Art. 56(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(a); 2020 c. 1, Sch. 5 para. 1(1)

F210 Word in Art. 56(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F211 Words in Art. 56(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F212 Words in Art. 56(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F213 Word in Art. 56(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F214 Words in Art. 56(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 15(b)(v); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C9 Arts. 55-57: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 5 (with s. 47)

C10 Arts. 55-57: power to modify conferred (N.I.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 6 para. 6

C11 Arts. 55-57: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 18, 56(2)(c) (with s. 20)

[F215 Article 57 U.K. Regulations relating to apiculture

The appropriate authority may make regulations relating to the content of apiculture programmes and the content of the studies under Article 55(3).]

Textual Amendments

F215 Art. 57 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 16; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C9 Arts. 55-57: power to modify conferred (W.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 5 (with s. 47)

C10 Arts. 55-57: power to modify conferred (N.I.) (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 6 para. 6

C11 Arts. 55-57: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 18, 56(2)(c) (with s. 20)

Section 6 U.K. Aid in the hops sector

F216 Article 58 U.K. Aid to producer organisations

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 59 U.K. Delegated powers

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 60 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. Scheme of authorisations for vine plantings

F216 Article 61 U.K. Duration

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

Section 1 U.K. Management of the scheme of authorisations for vine plantings

F216 Article 62 U.K. Authorisations

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 63 U.K. Safeguard mechanism for new plantings

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 64 U.K. Granting of authorisations for new plantings

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 65 U.K. Role of professional organisations

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 66 U.K. Replantings

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 67 U.K. De minimis

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 68 U.K. Transitional provisions

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 69 U.K. Delegated powers

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 70 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Control of the scheme of authorisations for vine plantings

F216 Article 71 U.K. Non-authorised plantings

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

F216 Article 72 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F216 Arts. 58-72 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

TITLE II U.K. RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS

CHAPTER I U.K. Rules concerning marketing

Section 1 U.K. Marketing standards

Subsection 1 U.K. Introductory provisions

Article 73 U.K. Scope

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning marketing standards. Those rules shall be divided between obligatory rules and optional reserved terms for agricultural products.

[F217 References in this Section to marketing standards, as they apply in relation to products marketed in Scotland, include standards set in regulations under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.]

[F218 References in this Section to marketing standards as they apply in relation to products marketed in England, include standards set in regulations under section 37(1) of the Agriculture Act 2020.]

[F219 References in this Section to marketing standards as they apply in relation to products marketed in Wales, include standards set in regulations [F220 under section 34(1) of the Agriculture (Wales) Act 2023].]

Textual Amendments

F217 Words in Art. 73 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(5) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F218 Words in Art. 73 inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 7 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F219 Words in Art. 73 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 22 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F220 Words in Art. 73 substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 4 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

Subsection 2 U.K. Marketing standards by sectors or products

Article 74 U.K. General principle

The products for which marketing standards by sectors or products have been laid down in accordance with this Section may be marketed in [F221 Great Britain] only if they conform to those standards.

Textual Amendments

F221 Words in Art. 74 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 23 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 75 U.K. Establishment and content

[F222 A1. This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F223 A2 This Article does not apply in relation to products marketed in Wales [F224 (see section 34(1) of the Agriculture (Wales) Act 2023].]

[F225 A1A. This Article does not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

1. Marketing standards may apply to one or more of the following sectors and products:

(a) olive oil and table olives;

(b) fruit and vegetables;

(c) processed fruit and vegetable products;

(d) bananas;

(e) live plants;

(f) eggs;

(g) poultrymeat;

(h) spreadable fats intended for human consumption;

(i) hops.

2. In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the [F226 appropriate authority in England, Wales or Scotland may make regulations] on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.

3. Without prejudice to Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council(25), the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

(a) the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

(b) classification criteria such as grading into classes, weight, sizing, age and category;

(c) the species, plant variety or animal race or the commercial type;

(d) the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

(e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

(g) the type of farming and production method including oenological practices and advanced systems of sustainable production;

(h) coupage of must and wine including definitions thereof, blending and restrictions thereof;

(i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

(j) the place of farming and/or origin, excluding poultrymeat and spreadable fats;

(k) restrictions as regards the use of certain substances and practices;

(l) specific use;

(m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

4. In addition to paragraph 1, marketing standards may apply to the wine sector. Points (f), (g), (h), (k) and (m) of paragraph 3 shall apply to that sector.

5. The marketing standards by sectors or products adopted pursuant to paragraph 1 of this Article shall be established without prejudice to Articles 84 to 88 and Annex IX and shall take into account:

(a) the specific characteristics of the product concerned;

(b) the need to ensure the conditions to facilitate the placing of the products on the market;

(c) the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

(d) the methods available for determining physical, chemical and organoleptic characteristics of the products;

(e) the standard recommendations adopted by international bodies;

(f) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

6. In order to take into account the expectations of consumers and the need to improve the quality and the economic conditions for the production and marketing of agricultural products, the [F227 appropriate authority in England, Wales or Scotland may make regulations] to modify the list of sectors in paragraph 1. Such [F228 regulations] shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation, F229 ... .

Textual Amendments

F222 Art. 75(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 8 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F223 Art. 75(A2) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 23 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F224 Words in Art. 75(A2) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 5 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F225 Art. 75(A1A) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(6) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F226 Words in Art. 75(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(a) (as amended by S.I. 2020/1453, reg. 12(2)); 2020 c. 1, Sch. 5 para. 1(1)

F227 Words in Art. 75(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(b)(i) (as amended by S.I. 2020/1453, reg. 12(2)); 2020 c. 1, Sch. 5 para. 1(1)

F228 Word in Art. 75(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F229 Words in Art. 75(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 17(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 76 U.K. Additional requirements for marketing of products in the fruit and vegetables sector

1. In addition, where relevant, to the applicable marketing standards [F230 referred to in Article 75], products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if they are sound, fair and of marketable quality and if the country of origin is indicated.

2. The marketing standards referred to in paragraph 1, as well as any marketing standard applicable to the fruit and vegetables sector laid down in accordance with this subsection, shall apply at all marketing stages including import and export, and may cover quality, categorisation, weight, size, packing, packaging, storage, transport, presentation and marketing.

3. The holder of products of the fruit and vegetables sector covered by marketing standards shall not display such products, offer them for sale or deliver or market them in any manner within [F231 Great Britain] other than in conformity with those standards and shall be responsible for ensuring such conformity.

4. In order to ensure the proper application of requirements set out in paragraph 1 of this Article and to take into account certain specific situations, the [F232 appropriate authority in England, Wales or Scotland may make regulations] concerning specific derogations to this Article which are necessary for its proper application.

Textual Amendments

F230 Words in Art. 76(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(2); and words in Art. 76(1) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(2); and words in Art. 76(1) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(5)

F231 Words in Art. 76(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 24 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(4)); 2020 c. 1, Sch. 5 para. 1(1)

F232 Words in Art. 76(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 18 (as amended by S.I. 2020/1453, reg. 12(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 77 U.K. Certification for hops

1. In addition, where relevant, to the applicable marketing standards, products of the hops sector harvested or prepared within [F233 Great Britain] shall be subject to a certification procedure under this Article.

2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.

3. The certificates shall at least indicate:

(a) the place(s) of production of the hops;

(b) the year(s) of harvesting; and

(c) the variety or varieties.

4. Products of the hops sector may be marketed or exported only if covered by a certificate issued in accordance with this Article.

In the case of imported products of the hops sector, the attestation provided for in Article 190(2) shall be deemed to be equivalent to that certificate.

[F234 Products of the hops sector imported from the European Union before [F235 1 February 2025] may be marketed or exported if covered by a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013, as it has effect in EU law as amended from time to time, provided that the Secretary of State considers that the quality standards adopted in EU law for any hops or hop products are at least equivalent to the quality standards adopted for like products harvested within Great Britain or made from such products.

If, before [F235 1 February 2025], the Secretary of State considers the EU quality standards referred to in the third subparagraph are not at least equivalent to the quality standards in Great Britain, the Secretary of State must publish a statement to that effect.]

5. The [F236 Secretary of State may make regulations making exceptions to] paragraph 4 of this Article:

(a) in order to satisfy the trade requirements of certain third countries; or

(b) for products intended for special uses.

The measures referred to in the first subparagraph shall:

(i)

not prejudice the normal marketing of products for which the certificate has been issued; and

(ii)

be accompanied by guarantees intended to avoid any confusion with those products.

Textual Amendments

F233 Words in Art. 77(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 25 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(5)); 2020 c. 1, Sch. 5 para. 1(1)

F234 Words in Art. 77(4) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 3(a) (as amended by S.I. 2020/1452, reg. 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F235 Words in Art. 77(4) substituted (E.W.S.) (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 6(2)

F236 Words in Art. 77(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 3(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 78 U.K. Definitions, designations and sales descriptions for certain sectors and products

1. In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:

(a) beef and veal;

(b) wine;

(c) milk and milk products intended for human consumption;

(d) poultrymeat;

(e) eggs;

(f) spreadable fats intended for human consumption; and

(g) olive oil and table olives.

2. The definitions, designations or sales descriptions provided for in Annex VII may be used in [F237 Great Britain] only for the marketing of a product which conforms to the corresponding requirements laid down in that Annex.

3. The [F238 appropriate authority in England, Wales or Scotland may make regulations] concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those [F239 regulations] shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.

4. In order to ensure that operators F240 ... have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the [F241 appropriate authority in England, Wales or Scotland may make regulations] concerning the rules on their specification and application.

5. In order to take into account the expectations of consumers and the evolution of the milk products market, the [F242 appropriate authority in England, Wales or Scotland may make regulations] to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules.

[F243 6. Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F244 6A. Paragraphs 3 to 5 do not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F245 7. Paragraphs 3 to 5 do not apply in relation to products marketed in Wales [F246 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

Textual Amendments

F237 Words in Art. 78(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 26 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(6)); 2020 c. 1, Sch. 5 para. 1(1)

F238 Words in Art. 78(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(a)(i) (as amended by S.I. 2020/1453, reg. 12(4)); 2020 c. 1, Sch. 5 para. 1(1)

F239 Word in Art. 78(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F240 Words in Art. 78(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F241 Words in Art. 78(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(b)(ii) (as amended by S.I. 2020/1453, reg. 12(4)); 2020 c. 1, Sch. 5 para. 1(1)

F242 Words in Art. 78(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 19(c) (as amended by S.I. 2020/1453, reg. 12(4)); 2020 c. 1, Sch. 5 para. 1(1)

F243 Art. 78(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 9 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F244 Art. 78(6A) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(7) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F245 Art. 78(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 24 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F246 Words in Art. 78(7) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 6 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

Article 79 U.K. Tolerance

1. In order to take into account the specific characteristics of each product or sector, the different marketing stages, the technical conditions, any possible considerable practical difficulty, and also the accuracy and repeatability of the methods of analysis, the [F247 appropriate authority in England, Wales or Scotland may make regulations] on tolerance for one or more specific standards in excess of which the entire batch of products shall be considered not to respect that standard.

2. When [F248 making regulations under] paragraph 1, the [F249 appropriate authority in England, Wales or Scotland] shall take into account the need not to alter the intrinsic characteristics of the product and to avoid lowering its quality.

Textual Amendments

F247 Words in Art. 79(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 20(a) (as amended by S.I. 2020/1453, reg. 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

F248 Words in Art. 79(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 20(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F249 Words in Art. 79(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 20(b)(ii) (as amended by S.I. 2020/1453, reg. 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

Article 80 E+W+N.I. Oenological practices and methods of analyses

1. Only oenological practices authorised in accordance with Annex VIII and provided for in [F250 point (g) of Article 75(3) and in] Article 83(2) and (3) [F251 and in Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files] shall be used in the production and conservation of the products listed in Part II of Annex VII in [F252 Great Britain].

The first subparagraph shall not apply to:

(a) grape juice and concentrated grape juice; and

(b) grape must and concentrated grape must intended for the preparation of grape juice.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Products listed in Part II of Annex VII shall be produced in [F252 Great Britain] in accordance with the rules laid down in Annex VIII.

2. Products listed in Part II of Annex VII shall not be marketed in [F253 Great Britain] if:

F254 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) they have undergone unauthorised F255 ... oenological practices; or

(c) they do not comply with the rules laid down in Annex VIII.

The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, [F256 and provided the relevant authorities in Wales and Scotland agree, the Secretary of State] may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.

[F257 2A. The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.]

3. When authorising oenological practices for wine [F258 under paragraph 2A], the [F259 Secretary of State] shall:

(a) take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;

(b) take into account the protection of human health;

(c) take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;

(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;

(e) ensure an acceptable minimum level of environmental care;

(f) respect the general rules concerning oenological practices and the rules laid down in Annex VIII.

4. In order to ensure the correct treatment of unmarketable wine products, the [F260 Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations] concerning rules on the F261 ... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.

5. The [F262 Secretary of State may make regulations] laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless [F263 the relevant authorities in Wales and Scotland agree that] they would be ineffective or inappropriate. F264 ...

[F265 6. Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F266 7. Paragraphs 3 to 5 do not apply in relation to products marketed in Wales [F267 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

Extent Information

E2 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F250 Words in Art. 80(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(a); and words in Art. 80(1) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(a)

F251 Words in Art. 80(1) inserted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(b); and words in Art. 80(1) inserted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(b)

F252 Words in Art. 80(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F253 Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F254 Art. 80(2)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F255 Word in Art. 80(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F256 Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F257 Art. 80(2A) inserted (31.12.2020) 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)(a), 4(3)(a)

F258 Words in Art. 80(3) substituted (31.12.2020) 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)(a), 4(3)(b)

F259 Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(c); 2020 c. 1, Sch. 5 para. 1(1)

F260 Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F261 Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F262 Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F263 Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F264 Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F265 Art. 80(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 10 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F266 Art. 80(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 25 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F267 Words in Art. 80(7) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 7 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

Article 80 S Oenological practices and methods of analyses

1. Only oenological practices authorised in accordance with Annex VIII and provided for in F925 ... in Article 83(2) and (3) [F926 of this Regulation, Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020,] shall be used in the production and conservation of the products listed in Part II of Annex VII in [F927 Great Britain].

The first subparagraph shall not apply to:

(a) grape juice and concentrated grape juice; and

(b) grape must and concentrated grape must intended for the preparation of grape juice.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Products listed in Part II of Annex VII shall be produced in [F927 Great Britain] in accordance with the rules laid down in Annex VIII.

2. Products listed in Part II of Annex VII shall not be marketed in [F928 Great Britain] if:

F929 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) they have undergone unauthorised F930 ... oenological practices; or

(c) they do not comply with the rules laid down in Annex VIII.

The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, [F931 and provided the relevant authorities in Wales and Scotland agree, the Secretary of State] may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.

[F932 2A. The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.]

3. When authorising oenological practices for wine [F933 under paragraph 2A], the [F934 Secretary of State] shall:

(a) take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;

(b) take into account the protection of human health;

(c) take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;

(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;

(e) ensure an acceptable minimum level of environmental care;

(f) respect the general rules concerning oenological practices and the rules laid down in Annex VIII.

4. In order to ensure the correct treatment of unmarketable wine products, the [F935 Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations] concerning rules on the F936 ... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.

5. The [F937 Secretary of State may make regulations] laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless [F938 the relevant authorities in Wales and Scotland agree that] they would be ineffective or inappropriate. F939 ...

[F940 6. Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F941 6A. Paragraphs 3 to 5 do not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F942 7. Paragraphs 3 to 5 do not apply in relation to products marketed in Wales [F267 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

Extent Information

E5 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F267 Words in Art. 80(7) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 7 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F925 Words in Art. 80(1) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(6)(a)

F926 Words in Art. 80(1) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(6)(b)

F927 Words in Art. 80(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F928 Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F929 Art. 80(2)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F930 Word in Art. 80(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F931 Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F932 Art. 80(2A) inserted (31.12.2020) 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)(a), 4(3)(a)

F933 Words in Art. 80(3) substituted (31.12.2020) 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)(a), 4(3)(b)

F934 Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(c); 2020 c. 1, Sch. 5 para. 1(1)

F935 Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F936 Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F937 Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F938 Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F939 Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F940 Art. 80(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 10 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F941 Art. 80(6A) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(8) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F942 Art. 80(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 25 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

Article 81 U.K. Wine grape varieties

1. Products listed in Part II of Annex VII and produced in [F268 Great Britain] shall be made from wine grape varieties classifiable in accordance with paragraph 2 of this Article.

2. F269 ...

Only wine grape varieties meeting the following conditions may be [F270 planted, replanted or grafted for the purposes of wine production]:

(a) the variety concerned belongs to the species Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis;

(b) the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

F271 ...

[F272 3. If wine production in the 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 Great Britain for the purposes of wine production. The Secretary of State must take into account any views of the relevant authorities for Wales and Scotland when classifying wine grape varieties.]

[F273 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.]

5. Areas planted with wine grape varieties for the purpose of wine production planted in breach of paragraphs 2, 3 and 4 shall be grubbed up.

However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producer's household.

Textual Amendments

F268 Words in Art. 81(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 28(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F269 Words in Art. 81(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 28(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F270 Words in Art. 81(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 28(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F271 Words in Art. 81(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 28(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F272 Art. 81(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 28(c) (as amended by S.I. 2020/1453, reg. 9(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F273 Art. 81(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 28(d); 2020 c. 1, Sch. 5 para. 1(1)

[F274 Article 82 U.K. Specific use of wine not conforming to the categories listed in Part II of Annex VII

Except for bottled wine in respect of which there is evidence that bottling was performed before 1 September 1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first subparagraph of Article 81(2) but not conforming to one of the categories laid down in Part II of Annex VII shall be used only for consumption by individual wine-producers' households, for the production of wine vinegar or for distillation.]

Textual Amendments

F274 Art. 82 revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1 (with reg. 2(3))

Article 83 U.K. F275 ... Rules for certain products and sectors

1. [F276 Notwithstanding Article 75(2), [F277 nothing] [F276 Nothing] in this Regulation prevents the appropriate authority in relation to England, Wales or Scotland from adopting or maintaining] rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating, in particular, to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.

F278 ...

2. [F279 Nothing in this Regulation prevents the Secretary of State, provided 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] with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.

3. [F280 The relevant authorities in England, Wales and Scotland] may allow the experimental use of unauthorised oenological practices.

[F281 4. In order to ensure the correct and transparent application of this Article:

(a) the appropriate authority in England, Wales or Scotland may make regulations laying down the conditions for the application of paragraph 1 of this Article;

(b) the Secretary of State may make regulations laying down the conditions for the application of paragraphs 2 and 3 of this Article, as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.]

F282 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F275 Word in Art. 83 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 29(a); 2020 c. 1, Sch. 5 para. 1(1)

F276 Word in Art. 83(1) substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(4); and word in Art. 83(1) substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(4); and word in Art. 83(1) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(7)

F277 Words in Art. 83(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 29(b)(i) (as amended by S.I. 2020/1453, reg. 9(9)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F278 Words in Art. 83(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 29(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F279 Words in Art. 83(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 29(c) (as amended by S.I. 2020/1453, reg. 9(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F280 Words in Art. 83(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 29(d) (as amended by S.I. 2020/1453, reg. 9(9)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F281 Art. 83(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 22 (as amended by S.I. 2020/1453, reg. 12(7)); 2020 c. 1, Sch. 5 para. 1(1)

F282 Art. 83(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 29(e); 2020 c. 1, Sch. 5 para. 1(1)

Subsection 3 U.K. Optional reserved terms

Article 84 U.K. General provision

A scheme for optional reserved terms by sector or by product shall be established in order to make it easier for producers of agricultural products that have value-adding characteristics or attributes to communicate those characteristics or attributes within the internal market, and in particular to support and complement the specific marketing standards.

This Subsection shall not apply to wine products referred to in Article 92(1).

Article 85 E+W+N.I. Existing optional reserved terms

1. The optional reserved terms covered by this scheme on 20 December 2013 are listed in Annex IX [F283 and the conditions of their use shall be laid down pursuant to point (a) of Article 86].

2. The optional reserved terms referred to in paragraph 1 of this Article shall remain in force, subject to any amendment, unless cancelled [F284 pursuant to Article 86].

Extent Information

E3 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F283 Words in Art. 85(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(5)(a); and words in Art. 85(1) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(5)(a)

F284 Words in Art. 85(2) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(5)(b); and words in Art. 85(2) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(5)(b)

Article 85 S Existing optional reserved terms

1. The optional reserved terms covered by this scheme on 20 December 2013 are listed in Annex IX and the conditions of their use [F943 may be laid down in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020].

2. The optional reserved terms referred to in paragraph 1 of this Article shall remain in force, subject to any amendment, unless cancelled F944 ....

Extent Information

E6 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F943 Words in Art. 85(1) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(8)(a)

F944 Words in Art. 85(2) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(8)(b)

Article 86 U.K. Reservation, amendment and cancellation of optional reserved terms

[F285 This Article and Articles 87 and 88 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F286 This Article and Articles 87 and 88 do not apply in relation to products marketed in Wales [F287 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

[F288 This Article and Articles 87 and 88 do not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the [F289 appropriate authority in England, Wales or Scotland may make regulations]:

(a)

reserving an additional optional reserved term, laying down its conditions of use;

(b)

amending the conditions of use of an optional reserved term; or

(c)

cancelling an optional reserved term.

Textual Amendments

F285 Words in Art. 86 inserted (30.11.2022 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 11 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F286 Words in Art. 86 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 26 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F287 Words in Art. 86 substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 8 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F288 Words in Art. 86 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(9) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F289 Words in Art. 86 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 23 (as amended by S.I. 2020/1453, reg. 12(8)); 2020 c. 1, Sch. 5 para. 1(1)

Article 87 U.K. Additional optional reserved terms

1. A term shall be eligible to be reserved as an additional optional reserved term only if it fulfils all of the following requirements:

(a) the term relates to a characteristic of a product or to a farming or processing attribute and relates to a sector or product;

(b) the use of the term enables clearer communication of the added value of the product by its specific characteristics or farming or processing attributes;

(c) when the product is placed on the market, the characteristic or attribute referred to in point (a) is identifiable by consumers F290 ...;

(d) the conditions and use of the term are in conformity with F291 ... Regulation (EU) No 1169/2011.

When introducing an additional optional reserved term, the [F292 appropriate authority in England, Wales or Scotland] shall take account of any relevant international standard and of the existing reserved terms for the products or sectors involved.

2. In order to take the characteristics of certain sectors as well as consumer expectations into account, the [F293 appropriate authority in England, Wales or Scotland may make regulations] laying down further details on the requirements for the introduction of an additional reserved term, as referred to in paragraph 1 of this Article.

Textual Amendments

F290 Words in Art. 87(1)(c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F291 Words in Art. 87(1)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 30(b); 2020 c. 1, Sch. 5 para. 1(1)

F292 Words in Art. 87(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 30(c) (as amended by S.I. 2020/1453, reg. 9(10)); 2020 c. 1, Sch. 5 para. 1(1)

F293 Words in Art. 87(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 24 (as amended by S.I. 2020/1453, reg. 12(9)); 2020 c. 1, Sch. 5 para. 1(1)

Article 88 U.K. Restrictions on use of optional reserved terms

1. An optional reserved term may only be used to describe products that conform to the applicable conditions of use.

F294 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. In order to ensure that products described by means of optional reserved terms conform to the applicable conditions of use, the [F295 appropriate authority in England, Wales or Scotland may make regulations] laying down additional rules on the use of optional reserved terms.

Textual Amendments

F294 Art. 88(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 31; 2020 c. 1, Sch. 5 para. 1(1)

F295 Words in Art. 88(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 25 (as amended by S.I. 2020/1453, reg. 12(10)); 2020 c. 1, Sch. 5 para. 1(1)

Subsection 4 U.K. Marketing standards related to import and export

Article 89 U.K. General provisions

In order to take into account the specific characteristics of trade between [F296 Great Britain and certain third countries, movement between Great Britain and Northern Ireland,] and the special character of certain agricultural products, the [F297 Secretary of State may make regulations] concerning:

(a)

the conditions under which imported products are considered to have an equivalent level of conformity to the F298 ... marketing standards [F299 applicable in Great Britain] and conditions allowing derogation from Article 74; and

(b)

the rules concerning the application of the marketing standards to products exported from [F300 Great Britain].

Textual Amendments

F296 Words in Art. 89 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(a)(i) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 7(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F297 Words in Art. 89 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F298 Word in Art. 89(a) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F299 Words in Art. 89(a) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(b)(ii) (as amended by S.I. 2020/1452, reg. 7(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F300 Words in Art. 89(b) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(5)(c) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 7(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Article 90 U.K. Special provisions for the imports of wine

1. Save as otherwise provided for in international agreements [F301 to which the United Kingdom is a party], the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter, and the definitions, designations and sales descriptions referred to in Article 78 of this Regulation [F302 and in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, insofar as they relate to wine,] shall apply to products imported into [F303 Great Britain] and falling within CN codes 2009 61, 2009 69 and 2204.

2. Save as otherwise provided for in international agreements [F301 to which the United Kingdom is a party], products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised F304 ... pursuant to this Regulation or [F305 regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, or], prior to the authorisation [F306 pursuant to Article 80(3)], produced in accordance with oenological practices recommended and published by the OIV.

2A [F307 By way of derogation from paragraph 2, products referred to in paragraph 1:

(a) which are produced before IP completion day, or which are still in the finishing process immediately before 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 IP completion day;

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

F308 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F309 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F301 Words in Art. 90 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 32(a); 2020 c. 1, Sch. 5 para. 1(1)

F302 Words in Art. 90(1) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(9)(a)

F303 Words in Art. 90(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 32(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F304 Words in Art. 90(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 32(c); 2020 c. 1, Sch. 5 para. 1(1)

F305 Words in Art. 90(2) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(9)(b)(i)

F306 Words in Art. 90(2) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(6); and words in Art. 90(2) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(6); and words in Art. 90(2) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(9)(b)(ii)

F307 Art. 90(2A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 32(d) (as amended by S.I. 2020/1453, reg. 9(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F308 Art. 90(3) omitted (E.W.S.) (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 6

F309 Art. 90(4) omitted (E.W.S.) (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 6

Subsection 5 U.K. Common provisions

Article 91 U.K. Implementing powers in accordance with the examination procedure

[F310 This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F311 This Article does not apply in relation to products marketed in Wales [F312 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

[F313 This Article does not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

The [F314 appropriate authority in England, Wales or Scotland may make regulations]:

(a)

[X1 establishing the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VII and spreadable fats referred to in point (a) of the sixth paragraph of point I of Part VII of Annex VII F315 ... ;]

(b)

laying down rules for the implementation of the marketing standards by sector or product;

(c)

laying down rules for determining whether products have undergone processes contrary to the authorised oenological practices;

(d)

laying down rules for the methods of analysis for determining the characteristics of products;

(e)

laying down rules for fixing the tolerance level;

(f)

laying down rules for the implementation of the measures referred to in Article 89;

(g)

laying down rules for the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed, for the certification procedures and for the commercial documents, accompanying documents and records to be kept.

F316 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F310 Words in Art. 91 inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 12 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F311 Words in Art. 91 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 27 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F312 Words in Art. 91 substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 9 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F313 Words in Art. 91 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(10) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F314 Words in Art. 91 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 26(a) (as amended by S.I. 2020/1453, reg. 12(11)); 2020 c. 1, Sch. 5 para. 1(1)

F315 Words in Art. 91(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 26(b); 2020 c. 1, Sch. 5 para. 1(1)

F316 Words in Art. 91 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 26(c); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C12 Pt. 2 Title 2 Ch. 1 Section 1 applied (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(a), Sch. 1 (with regs. 7, 8)

Section 2 U.K. Designations of origin, geographical indications and traditional terms in the wine sector

Subsection 1 U.K. Introductory provisions

Article 92 U.K. Scope

[X1 1. Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.]

2. The rules referred to in paragraph 1 shall be based on:

(a) protecting the legitimate interests of consumers and producers;

(b) ensuring the smooth operation of the [F317 market in Great Britain] in the products concerned; and

(c) promoting the production of quality products referred to in this Section, whilst allowing [F318 quality policy measures to be implemented in England, and, to the extent to which those measures are within devolved competence, in Wales and Scotland].

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F317 Words in Art. 92(2)(b) 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), 3(2)(a)

F318 Words in Art. 92(2)(c) 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), 3(2)(b)

Subsection 2 U.K. Designations of origin and geographical indications

Article 93 U.K. Definitions

1. For the purposes of this Section, the following definitions shall apply:

(a) "a designation of origin" means the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 92(1) fulfilling the following requirements:

(i)

the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;

(ii)

the grapes from which the product is produced come exclusively from that geographical area;

(iii)

the production takes place in that geographical area; F319 ...

(iv)

F319 ...

(b) "a geographical indication" means an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 92(1) fulfilling the following requirements:

(i)

it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;

(ii)

at least 85 % of the grapes used for its production come exclusively from that geographical area;

(iii)

its production takes place in that geographical area; F320 ...

(iv)

F320 ...

[F321 1a. For the purpose of Articles 102a, 102c and 102d and Annex 9A:

(za) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA;

(a) ‘an Article 99 approval notice’ means a notice published under Article 99(3) relating to a decision of the Secretary of State to approve an application to register a designation of origin or geographical indication;

(aa) ‘bridging arrangements’ has the meaning given in Article 102c(2)(b);

(b) ‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;

(c) ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a designation of origin or geographical indication of the third country in the European Union;

(d) ‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as it had effect before IP completion day;

(e) ‘Great Britain's PDOs and PGIs Register’ means the register established and maintained by the Secretary of State under Article 104;

(f) ‘the relevant period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls;

(fa) ‘third country’ means—

(i) for the purposes of the definition of ‘EUIA’ in paragraph 1a(c), Article 102c and Annex 9A (other than the reference in paragraph (ii)), any country other than—

(aa) any part of the British Islands, or

(bb) any member State;

(ii) for the purposes of the reference in column 2 of row 6 of the Types Table in Part 3 of Annex 9A, any country other than any part of the British Islands;

(iii) for all other purposes, any country other than the United Kingdom, and includes:

(aa) the Bailiwick of Guernsey;

(bb) the Bailiwick of Jersey;

(cc) the Isle of Man;

(g) ‘the TMA’ means the Trade Marks Act 1994;

(h) ‘the Types Table’ means the table in Part 3 of Annex 9A.]

2. Certain traditionally used names shall constitute a designation of origin where they:

(a) designate a wine;

(b) refer to a geographical name;

(c) fulfil the requirements referred to in points (a)(i) to [F322 (iii)] of paragraph 1; and

(d) have undergone the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection.

3. Designations of origin and geographical indications, including those relating to geographical areas in [F323 other] countries, shall be eligible for protection in [F324 Great Britain] in accordance with the rules laid down in this Subsection.

4. Production as referred to in point (a)(iii) of paragraph 1 shall cover all the operations involved, from the harvesting of the grapes to the completion of the wine-making processes, with the exception of any post-production processes.

5. For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated area shall originate from the F325 ... country in which the demarcated area is situated.

Textual Amendments

F319 Art. 93(1)(a)(iv) omitted (1.1.2024) by virtue of The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), regs. 1(2), 3(1)(a)

F320 Art. 93(1)(b)(iv) omitted (1.1.2024) by virtue of The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), regs. 1(2), 3(1)(b)

F321 Art. 93(1a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(2) (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(5))

F322 Word in Art. 93(2)(c) substituted (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 2 para. 1

F323 Word in Art. 93(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 33(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F324 Words in Art. 93(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 33(a)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(12)); 2020 c. 1, Sch. 5 para. 1(1)

F325 Words in Art. 93(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 33(b); 2020 c. 1, Sch. 5 para. 1(1)

[F326 Article 93a U.K. Definitions: types of designation of origin and geographical indication

In Article 102a and Annex 9A any reference to:

(a) ‘a type 1 designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 1 of the Types Table;

(b) ‘a type 2A designation of origin’ means the designation of origin specified in column 2 of row 2 of the Types Table to which the provisions in column 3 of that row apply;

(c) ‘a type 2B designation of origin’ means the designation of origin specified in column 2 of row 2 of the Types Table to which the provisions in column 4 of that row apply;

(d) ‘a type 3A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 3 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies;

(e) ‘a type 3B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 3 of the Types Table to which the provisions in column 4 of that row apply;

(f) ‘a type 4A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 4 of the Types Table to which paragraph 1 or 2 of column 3 of that row applies;

(g) ‘a type 4B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 4 of the Types Table to which the provisions in column 4 of that row apply;

(h) ‘a type 5A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 5 of the Types Table to which paragraph 1 or 2 of column 3 of row 4 of that table applies;

(i) ‘a type 5B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 5 of the Types Table to which the provisions in column 4 of row 4 of that table apply;

(j) ‘a type 6A designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 6 of the Types Table to which paragraph 1 or 2 in column 3 of row 4 of that table applies;

(k) ‘a type 6B designation of origin or geographical indication’ means a designation of origin or geographical indication of the type described in column 2 of row 6 of the Types Table to which the provisions in column 4 of row 4 of that table apply.]

Textual Amendments

F326 Art. 93a inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(3), Sch. 3 Pt. 1

Article 94 U.K. Applications for protection

1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:

(a) the name to be protected;

(b) the name and address of the applicant;

(c) a product specification, as referred to in paragraph 2; and

(d) a single document summarising the product specification referred to in paragraph 2.

2. The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication.

The product specification shall at least consist of:

(a) the name to be protected;

(b) a description of the wine or wines:

(i)

in respect of a designation of origin, the principal analytical and organoleptic characteristics;

(ii)

in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;

(c) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

(d) the demarcation of the geographical area concerned;

(e) the maximum yields per hectare;

(f) an indication of the wine grape variety or varieties that the wine or wines are obtained from;

(g) the details bearing out the link referred to in point (a)(i) or, as the case may be, in point (b)(i) of Article 93(1);

[F327 (h) any applicable legislative requirements;]

(i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks.

3. Where the application for protection concerns a geographical area in [F328 another] country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin.

Textual Amendments

F327 Art. 94(2)(h) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 34(a); 2020 c. 1, Sch. 5 para. 1(1)

F328 Word in Art. 94(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 34(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C13 Art. 94 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

Article 95 U.K. Applicants

1. Any interested group of producers, or in exceptional and duly justifiable cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application.

[F329 1A. An application to protect a designation of origin or a geographical indication for a wine produced in the United Kingdom must be submitted to the Secretary of State.]

2. Producers may apply for protection only for wines which they produce.

3. In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, a joint application may be submitted.

Textual Amendments

F329 Art. 95(1A) 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), 3(3)

F330 Article 96 U.K. Preliminary national procedure

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

Textual Amendments

F330 Art. 96 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 35; 2020 c. 1, Sch. 5 para. 1(1)

Article 97 U.K. Scrutiny by the [F331 Secretary of State]

1. The [F332 Secretary of State] shall make public the date of submission of the application for protection of the designation of origin or geographical indication.

2. The [F333 Secretary of State] shall examine whether the applications for protection as referred to in Article 94 meet the conditions laid down in this Subsection.

[F334 3. Where the Secretary of State considers that the conditions laid down in this Subsection are met, the Secretary of State must publish the single document referred to in point (d) of Article 94(1) in respect of the application concerned and the product specification referred to in Article 94(2).

4. Where the Secretary of State considers that the conditions laid down in this Subsection are not met, the Secretary of State must reject the application and:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision;

(b) provide information to the applicant and any interested parties of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.]

Textual Amendments

F331 Words in Art. 97 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F332 Words in Art. 97(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F333 Words in Art. 97(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F334 Art. 97(3)(4) 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), 3(4)

Modifications etc. (not altering text)

C14 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

[F335 Article 97a U.K. Applications pending on IP completion day

1. A pending application made before IP completion day under Regulation (EU) No 1308/2013 as it had effect before IP completion day is deemed to be an application made under Article 94 of this Regulation for which scrutiny under Article 97 of this Regulation has not been commenced.

2. Unless requested in writing not to do so by the person who submitted the application under Regulation (EU) No 1308/2013, the Secretary of State must scrutinise a pending application under Article 97 of this Regulation.

3. But the Secretary of State may decide not to scrutinise a pending application under paragraph 2 in a case where the pending application is an application that has been sent to the European Commission for scrutiny under Article 97 of Regulation (EU) No 1308/2013 before IP completion day.

4. The six month period specified in Article 10 of Regulation (EU) No 2019/33 begins with the day on which IP completion day falls.

5. Where a request of the type specified in paragraph 2 is made in relation to a pending application by an applicant referred to in that paragraph, the pending application is to be treated as having been withdrawn.

6 In this Article ‘pending application’ means an application submitted to the Secretary of State under Article 96 of Regulation (EU) No 1308/2013 as it has effect in EU law—

(a) for protection of a name as a designation of origin or geographical indication;

(b) for which the European Commission has not adopted an implementing act under Article 99 of Regulation (EU) 1308/2013 before IP completion day.]

Textual Amendments

F335 Art. 97a 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), 3(5)

Modifications etc. (not altering text)

C14 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

Article 98 U.K. Objection procedure

Within two months from the date of the publication of the single document as referred to in point (d) of Article 94(1), any F336 ... country, or any natural or legal person having a legitimate interest F337 ..., may object to the proposed protection by submitting to the [F338 Secretary of State] a duly substantiated statement concerning the conditions of eligibility as laid down in this Subsection.

In the case of natural or legal persons resident or established in [F339 another country], such a statement shall be submitted, either directly or via the authorities of the F340 ... country concerned, within the two month period referred to in the first paragraph.

Textual Amendments

F336 Words in Art. 98 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 36(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F337 Words in Art. 98 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 36(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F338 Words in Art. 98 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 36(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F339 Words in Art. 98 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 36(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F340 Word in Art. 98 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 36(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C14 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

[F341 Article 99 U.K. Decision on protection

1. On the basis of the information available to the Secretary of State upon completion of the objection procedure referred to in Article 98, the Secretary of State must decide to:

(a) reject the application if the Secretary of State considers that the conditions laid down in this Subsection are not met; or

(b) approve the application and update the register provided for in Article 104 accordingly.

2. Where the Secretary of State decides to reject an application under point (a) of the first paragraph, the Secretary of State must:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision;

(b) provide information to the applicant and any interested parties of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.

3. Where the Secretary of State decides to approve an application under point (b) of paragraph 1, the Secretary of State must:

(a) inform such parties as the Secretary of State considers to have an interest in the decision of the decision and the reasons for that decision;

(b) provide information to such parties as the Secretary of State considers to have an interest in the decision of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.]

Textual Amendments

F341 Art. 99 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), 3(6)

Modifications etc. (not altering text)

C14 Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)

[F342 Article 99a U.K. Appeals

1. The following may appeal to the First-tier Tribunal (the “FTT”) against a decision of the Secretary of State to approve an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) a person who submitted a statement in accordance with Article 98;

(b) a person marketing a product that is, or may be, affected by the registration of the designation of origin or geographical indication.

2. The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) the person who submitted the application for protection;

(b) a person marketing a product that is, or may be, affected by the decision not to register the designation of origin or geographical indication.

2A. The following may appeal to the FTT against a decision of the Secretary of State to approve an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to approve the application.

2B. The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to reject the application.

2C. The following may appeal to the FTT against a decision of the Secretary of State (either on the Secretary of States’ own initiative or following a request) under Article 106 to cancel the protection of a designation of origin or geographical indication—

(a) the person who made a request for cancellation under Article 106 which is the subject of the appeal, if applicable;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State to cancel.

2D. The following may appeal to the FTT against a decision of the Secretary of State, following a request under Article 106, not to cancel the protection of a designation of origin or geographical indication—

(a) the person who made the request for cancellation under Article 106;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State not to cancel.

3. In determining an appeal under paragraph 1, 2, 2A, 2B, 2C or 2D the FTT:

(a) must consider the decision appealed against afresh, and

(b) may take into account evidence that was not available to the Secretary of State.

4. The FTT may:

(a) dismiss the appeal,

(b) if it allows an appeal made under paragraph 1:

(i) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application and (if appropriate) to restore the register in the meantime; or

(c) if it allows an appeal made under paragraph 2:

(i) quash the decision and direct the Secretary of State to approve the application and register the designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application.

(d) if it allows an appeal made under paragraph 2A—

(i) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the application for amendment and (if appropriate) to restore the register in the meantime;

(e) if it allows an appeal made under paragraph 2B—

(i) quash the decision and direct the Secretary of State to approve the application; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the application for amendment;

(f) if it allows an appeal made under paragraph 2C—

(i) quash the decision and direct the Secretary of State to reverse the cancellation and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the cancellation and (if appropriate) to restore the register in the meantime;

(g) if it allows an appeal made under paragraph 2D—

(i) quash the decision and direct the Secretary of State to cancel the protection of designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeal the consideration of the cancellation.

5. The Secretary of State may consider a decision mentioned in paragraph 1, 2, 2A, 2B, 2C or 2D afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time of the original decision.

6. Paragraph 5 applies even though an appeal has been made to the FTT in respect of the original decision.

7. Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision, the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter.

8. If the Secretary of State makes the same decision again, the appeal to the FTT restarts. If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

9. An appeal made under paragraph 1, 2A or 2C does not prevent an entry recorded on the register provided for in Article 104 by the Secretary of State following that decision from having effect.

10. The entry referred to in paragraph 9 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and—

(a) in a case where the FTT quashes the Secretary of State’s decision and directs the Secretary of State to restore the register, that action has been taken;

(b) in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.]

Textual Amendments

F342 Art. 99a inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 6 (as amended by S.I. 2020/1446, regs. 1(2), 7(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 100 U.K. Homonyms

1. A name for which an application is submitted and which is wholly or partially homonymous with a name already registered under this Regulation shall be registered with due regard to local and traditional usage and any risk of confusion.

A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of those products is concerned.

A registered homonymous name may be used only if there is a sufficient distinction in practice between the homonym registered subsequently and the name already in the register, having regard to the need to treat the producers concerned in an equitable manner and the need to avoid misleading the consumer.

F343 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F343 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The protection of designations of origin and geographical indications of products covered by Article 93 of this Regulation shall be without prejudice to protected geographical indications applying to spirit drinks as defined in Article 2 of [F344 Regulation (EU) No 2019/787 of the European Parliament and of the Council].

Textual Amendments

F343 Art. 100(2)(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 37; 2020 c. 1, Sch. 5 para. 1(1)

F344 Words in Art. 100(4) substituted (31.12.2020) 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)(a), 4(4)

Article 101 U.K. Additional grounds for refusal of protection

1. A name that has become generic [F345 in the United Kingdom] shall not be protected [F346 in Great Britain] as a designation of origin or a geographical indication.

For the purposes of this Section, a "name that has become generic" means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine F347 ... [F348 in the United Kingdom].

To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular:

(a) the existing situation F349 ..., notably in areas of consumption;

(b) the relevant F350 ... law.

2. A name shall not be protected as a designation of origin or geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine.

Textual Amendments

F345 Words in Art. 101(1) inserted (31.12.2020) 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)(a), 4(5)

F346 Words in Art. 101(1) 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), 3(7)(a)

F347 Words in Art. 101(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(a); 2020 c. 1, Sch. 5 para. 1(1)

F348 Words in Art. 101(1) 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), 3(7)(b)

F349 Words in Art. 101(1)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F350 Words in Art. 101(1)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 102 U.K. Relationship with trade marks

1. The registration of a trade mark that contains or consists of a protected designation of origin or a geographical indication which does not comply with the product specification concerned or the use of which falls under Article 103(2), and that relates to a product falling under one of the categories listed in Part II of Annex VII shall be:

(a) refused if the application for registration of the trade mark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the [F351 Secretary of State] and the designation of origin or geographical indication is subsequently protected; or

(b) invalidated.

2. Without prejudice to Article 101(2), a trade mark referred to in paragraph 1 of this Article which has been applied for, registered or established by use in good faith, if that possibility is provided for by the law concerned, in [F352 Great Britain] either before the date of protection of the designation of origin or geographical indication in the country of origin, or before 1 January 1996, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark's invalidity or revocation exist under [F353 the Trade Marks Act 1994].

Textual Amendments

F351 Words in Art. 102(1)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 39(a); 2020 c. 1, Sch. 5 para. 1(1)

F352 Words in Art. 102(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 39(b)(i) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(13)); 2020 c. 1, Sch. 5 para. 1(1)

F353 Words in Art. 102(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 39(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F354 Article 102a U.K. Transitional provisions: relationship with trade marks

1. Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where, if the trade mark is registered, the use of the trade mark will contravene Article 103(2) in relation to a category A designation of origin or geographical indication.

2. Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where:

(a) if the trade mark is registered, the use of the trade mark will contravene Article 103(2) in relation to a category B designation of origin or geographical indication, and

(b) after the application for the trade mark is accepted but before the trade mark is registered:

(i) in the case of a type 3B designation of origin or geographical indication:

(aa) the international agreement referred to in paragraph (c) of column 2 of row 3 of the Types Table enters into force or the bridging arrangements referred to in that column are made, and

(bb) the entry into force of the international agreement or the making of the bridging arrangements is brought to the attention of the registrar before the trade mark is registered;

(ii) in the case of any other category B designation of origin or geographical indication:

(aa) the Secretary of State publishes an Article 99 approval notice relating to the designation of origin or geographical indication, and

(bb) the Article 99 approval notice is brought to the attention of the registrar before the trade mark is registered.

3. Where an application for a declaration of invalidity is made under the TMA (as applied by Article 102b(1) and modified by Article 102b(2)) in relation to the registration of a trade mark, the registration of the trade mark must be declared to be invalid, unless paragraph 4 applies, if:

(a) the application to register the trade mark was pending immediately before IP completion day or filed during the relevant period,

(b) the use of the trade mark contravenes, or will, if used, contravene, Article 103(2) in relation to a category B designation of origin or geographical indication, and

(c) in the case of a type 2B, 4B, 5B or 6B designation of origin or geographical indication, the Secretary of State publishes an Article 99 approval notice relating to the designation of origin or geographical indication on or after the time at which the trade mark application is accepted.

4. This paragraph applies where a column 5 date applies in relation to a category A or B designation of origin or geographical indication and, taking account of any priority claimed in respect of an application to register a trade mark referred to in paragraph 1, 2 or 3(a) (as relevant) and on the basis of the information available to the registrar, it appears to the registrar that the date of filing of the trade mark application is earlier than the column 5 date that applies to the relevant designation of origin or geographical indication.

5. As regards paragraphs 1 and 2, a column 5 date does not apply in relation to a type 3A, 4A or 5A designation of origin or geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the designation of origin or geographical indication provides that an application for a trade mark must be refused, regardless of when that application is filed, if the trade mark, if registered, will contravene a provision in the EUIA providing for the protection of the use of the designation of origin or geographical indication

6. As regards paragraph 3, a column 5 date does not apply in relation to a type 3B, 4B or 5B designation of origin or geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the designation of origin or geographical indication provides that the registration of a trade mark must be invalidated if, regardless of when the application that resulted in the registration of the trade mark is filed, the use of the trade mark contravenes a provision in the EUIA providing for the protection of the use of the designation of origin or geographical indication.

7. Where a designation of origin or geographical indication falls within the definition of more than one type of designation of origin or geographical indication in Article 93a, the column 5 date to be taken into account for the purpose of paragraph 4 is the earliest of the column 5 dates for the relevant types of designation of origin or geographical indication.

8. In a case of a category A or B designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register at the time an assessment is carried out under paragraph 1, 2 or 3, the designation of origin or geographical indication is to be treated, for the purpose of the assessment, as being a protected designation of origin or protected geographical indication, as relevant, in determining whether the use of the trade mark will contravene Article 103(2) in relation to that designation of origin or geographical indication.

9. A trade mark that could be used in the United Kingdom under Article 102(2) of EU Regulation 1308/2013 immediately before IP completion day may continue to be used in Great Britain on and after IP completion day:

(a) notwithstanding that the use of the trade mark would contravene Article 103(2) of Regulation (EU) No 1308/2013 in Great Britain in relation to a designation of origin or geographical indication registered by the Secretary of State under this Regulation;

(b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

10. Nothing in this Regulation prevents a trade mark that could be renewed in the United Kingdom pursuant to Article 102(2) of EU Regulation 1308/2013 immediately before IP completion day from being renewed after IP completion day:

(a) notwithstanding that the use of the renewed trade mark would contravene Article 103(2) in Great Britain in relation to a designation of origin or geographical indication registered by the Secretary of State under this Regulation;

(b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

11. Where paragraph 9 or 10 applies to the use or renewal of a trade mark, this does not affect the use of:

(a) a designation of origin or geographical indication entered on Great Britain’s PDOs and PGIs Register following a decision by the Secretary of State to approve an application made under Article 95(1A) or Article 3 of Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;

(b) a designation of origin or geographical indication entered on Great Britain’s PDOs and PGIs Register by the Secretary of State following a decision of the Secretary of State to approve an application to which Article 97a applies;

(c) a designation of origin or geographical indication entered on Great Britain’s PDOs and PGIs Register by the Secretary of State pursuant to Article 102c(1) or the second sentence of Article 104;

(d) an established protected designation of origin or an established protected geographical indication entered on Great Britain’s PDOs and PGIs Register by the Secretary of State pursuant to Article 107(1).

12. In this Article:

(b) ‘a category A designation of origin or geographical indication’ means a type 1, 2A, 3A, 4A, 5A or 6A designation of origin or geographical indication;

(c) ‘a category B designation of origin or geographical indication’ means a type 2B, 3B, 4B, 5B or 6B designation of origin or geographical indication;

(d) ‘column 5 date’, in relation to a designation of origin or geographical indication that is a category A or B designation of origin or geographical indication, means the date specified, or provided for, in column 5 of the Types Table in the row relating to the relevant type of designation of origin or geographical indication;

(e) ‘date of filing’:

(i) in the case of an EUTM-based trade mark application, means the filing date referred to in paragraph 25(2)(a)(i) of Schedule 2A to the TMA for the existing EUTM application;

(ii) in the case of an ITM-based trade mark application, means:

(aa) in the case of an application for the registration of a trade mark to which paragraph 28 of Schedule 2B to the TMA applies, the date referred to in paragraph 28(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(bb) in the case of an application for the registration of a trade mark to which paragraph 29 of Schedule 2B to the TMA applies, the date referred to in paragraph 29(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(iii) in any other case, has the meaning given by section 33 of the TMA;

(f) ‘established protected designation of origin’ has the meaning given by Article 107(2)(a);

(g) ‘established protected geographical indication’ has the meaning given by Article 107(2)(b);

(h) ‘EUTM-based trade mark application’ means an application to register a trade mark to which paragraph 25(1) of Schedule 2A to the TMA applies that is made within the period specified in paragraph 25(2) of that Schedule;

(i) ‘existing EUTM application’ has the same meaning as in paragraph 24 of Schedule 2A to the TMA;

(j) ‘existing ITM application’ has the same meaning as in paragraph 27(1)(a) of Schedule 2B to the TMA;

(k) ‘existing request for EU extension’ has the same meaning as in paragraph 27(1)(b) of Schedule 2B to the TMA;

(l) ‘ITM-based trade mark application’ means an application to register a trade mark to which paragraph 28(1) or 29(1) of Schedule 2B to the TMA applies that is made within the period specified in paragraph 28(1)(c) or 29(1)(c) (as the case may be) of that Schedule;

(m) ‘the registrar’ has the meaning given by section 62 of the TMA.

13. Any reference in this Article to:

(a) ‘priority claimed in respect of an application’:

(i) in the case of an EUTM-based trade mark application, means any priority claimed in respect of the existing EUTM application referred to in paragraph 25(2)(a)(ii) of Schedule 2A to the TMA;

(ii) in the case of an ITM-based trade mark application, means any priority claimed in respect of the existing ITM application or the existing request for EU extension referred to in paragraph 28(2)(b) or 29(2)(b) (as the case may be) of Schedule 2B to the TMA;

(iii) in any other case, means any priority claimed in respect of the application pursuant to section 35 of the TMA;

(b) an application to register a trade mark that was ‘pending immediately before IP completion day’ is a reference to an application that was neither refused, nor resulted in the registration of the trade mark that is the subject of the application, before IP completion day;

(c) a trade mark includes a reference to:

(i) a collective mark as defined in section 49(1) of the TMA;

(ii) a certification mark as defined in section 50(1) of the TMA.

Textual Amendments

F354 Arts. 102a, 102b inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(4), Sch. 3 Pt. 2 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(8)(a))

Article 102b U.K. Application and modification of trade mark provisions

1. For the purpose of Article 102a, the following provisions of the TMA apply, with the modifications, in the case of sections 47(3) and (5), 74(1), 76(1) and 77(1), specified in paragraph 2:

(a) subsections (3) to (5) and (6) of section 47 (invalidation of trade marks) in relation to an application to invalidate a trade mark referred to in Article 102a(3);

(b) section 72 (registration to be prima face evidence of validity);

(c) section 73 (certificate of validity of contested application);

(d) section 74 (registrar’s appearance in proceedings involving the register of trade marks);

(e) section 75 (definition of ‘the court’);

(f) section 76 (appeals) except for subsection (5);

(g) section 77(1) (persons appointed to hear and determine appeals).

2. The modifications are:

(a) section 47 applies as if:

(i) in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 102b(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products,’;

(ii) in subsection (5), for ‘grounds of invalidity exist’ there were substituted ‘ground for invalidity specified in Article 102a(3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council exists’;

(b) section 74(1) applies as if, for the words from ‘for’ to ‘the registrar’ there were substituted ‘for a declaration of the invalidity of the registration of a trade mark, the registrar’;

(c) section 76(1) applies as if:

(i) in the first paragraph, for the words from ‘under’ to the end there were substituted ‘made under Article 102a(3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council’;

(ii) the second paragraph were omitted;

(d) section 77(1) applies as if, at the end there were inserted ‘as applied by Article 102b(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council’.

3. In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA:

(a) an application to invalidate a trade mark referred to in Article 102a(3);

(b) an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).]

Textual Amendments

F354 Arts. 102a, 102b inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(4), Sch. 3 Pt. 2 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(8)(a))

[F355 Article 102c U.K. Third Country designations of origin and geographical indications covered by bridging arrangements

1. A designation of origin or geographical indication to which paragraph 2 applies is, for the protection period, to be entered on Great Britain’s PDOs and PGIs Register.

2. This paragraph applies to a designation of origin or geographical indication which relates to a geographical area in a third country (“C”) which:

(a) was, immediately before IP completion day, protected in the European Union under an EUIA to which the European Union and C were contracting parties, and

(b) is, before a qualifying international agreement enters into force, to be protected in Great Britain pursuant to any written arrangements made by the United Kingdom and C (“bridging arrangements”).

3. For the purposes of this Article, “the protection period”, in relation to a designation of origin or geographical indication, is the period for which:

(a) the relevant bridging arrangements have effect, or

(b) if only part of the relevant bridging arrangements relates to the designation of origin or geographical indication, that part has effect.

4. In this Article “qualifying international agreement” means an international agreement between the United Kingdom and C, which has been initialled.

Textual Amendments

F355 Arts. 102c, 102d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 2

Article 102d U.K. Transitional provisions: relations between trade marks, designations of origin and geographical indications when bridging arrangements are in effect

1. Where a designation of origin or geographical indication is entered on Great Britain’s PDOs and PGIs Register under Article 102c, Articles 102a and 102b and Annex 9A apply for the purposes of determining:

(a) whether an application to register a trade mark which was pending before IP completion day or made during the relevant period must be refused, or

(b) if a relevant invalidity application was made, whether the registration of a trade mark must be declared invalid,

but subject to the general modifications specified in paragraphs 2 and 3 and any further modifications made by regulations (if any) (see paragraph 4).

2. The modifications mentioned in paragraph 1 are that Articles 102a and 102b and Annex 9A are to be read as if:

(a) in the case of a type A term, any reference to a type 3A designation of origin or geographical indication included a reference to a type A term;

(b) in the case of a type B term, any reference to a type 3B designation of origin or geographical indication included a reference to a type B term.

3. In addition, Article 102b and Annex 9A are to be read as if any reference to Article 102a included a reference to that Article as applied by this Article.

4. The Secretary of State may, by regulations, make such further modifications to Article 102a or 102b or Annex 9A as the Secretary of State considers necessary for the purpose of ensuring that the relative priorities afforded to designations of origin, geographical indications and trade marks before IP completion day continue to apply appropriately during the protection period.

5. For the purposes of this Article:

• ‘relevant invalidity application’ means an application for a declaration of invalidity made under the TMA (as applied by Article 102b(1) and modified by Article 102b(2)) in relation to the registration of a trade mark;

• ‘type A term’ means a designation of origin or geographical indication which—

  (i)

  is, immediately before the application to register a trade mark is accepted, entered in Great Britain’s PDOs and PGIs Register under article 102c, or

  (ii)

  is not so entered when the application to register a trade mark is accepted, but is to be protected under bridging arrangements which come into effect before the application to register a trade mark is accepted;

• ‘type B term’ means a designation of origin or geographical indication which is not entered in Great Britain’s PDOs and PGIs Register under article 102c when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to bridging arrangements made on or after the day on which the relevant trade mark application is accepted.]

Textual Amendments

F355 Arts. 102c, 102d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 2

Article 103 U.K. Protection

1. A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.

2. A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

(a) any direct or indirect commercial use of that protected name:

(i)

by comparable products not complying with the product specification of the protected name; or

(ii)

in so far as such use exploits the reputation of a designation of origin or a geographical indication;

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin;

(d) any other practice liable to mislead the consumer as to the true origin of the product.

3. Protected designations of origin and protected geographical indications shall not become generic in [F356 Great Britain] within the meaning of Article 101(1).

Textual Amendments

F356 Words in Art. 103(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 40 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

Article 104 U.K. Register

The [F357 Secretary of State] shall establish and maintain an electronic register of protected designations of origin and protected geographical indications for wine which shall be publicly accessible. Designations of origin and geographical indications pertaining to products of [F358 other] countries that are protected in [F359 Great Britain] pursuant to an international agreement to which [F360 the United Kingdom] is a contracting party may be entered in the register. Unless specifically identified in that agreement as protected designations of origin within the meaning of this Regulation, such names shall be entered in the register as protected geographical indications [F361 and unless the Secretary of State, when making an entry, specifies a later date on the register as the date the entry is to take effect, the entry is to be treated as taking effect:

(a) in a case where the register is established by the Secretary of State after IP completion day but before the end of the next day following the day on which IP completion day falls and the entry is on the register as established during that period, on IP completion day;

(b) in any other case, immediately the entry is made]

Textual Amendments

F357 Words in Art. 104 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 41(a); 2020 c. 1, Sch. 5 para. 1(1)

F358 Word in Art. 104 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 41(b); 2020 c. 1, Sch. 5 para. 1(1)

F359 Words in Art. 104 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 41(c) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(15)); 2020 c. 1, Sch. 5 para. 1(1)

F360 Words in Art. 104 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 41(d) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(15)); 2020 c. 1, Sch. 5 para. 1(1)

F361 Words in Art. 104 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), 3(8)

Article 105 U.K. Amendments to product specifications

An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redemarcate the geographical area referred to in point (d) of the second subparagraph of Article 94(2). Applications shall describe and state reasons for the amendments requested.

[F362 Article 106 U.K. Cancellation

Either on the Secretary of State's own initiative or following a request, the Secretary of State may decide, in accordance with Commission Delegated Regulation (EU) 2019/33 and Commission Implementing Regulation (EU) 2019/34, to cancel the protection of a designation of origin or a geographical indication where the Secretary of State considers that compliance with the corresponding product specification is no longer ensured.

Where the Secretary of State makes a decision to cancel under the first paragraph (either following a request or on the Secretary of State's own initiative) or to decline to cancel under the first paragraph (following a request), the Secretary of State must:

(a) inform any interested party of the decision and the reasons for that decision;

(b) provide information to such parties as the Secretary of State considers to have an interest in the decision of the right to appeal against the decision and the time period within which an appeal may be made;

(c) publish the decision and the reasons; and

(d) update the register provided for in Article 104 accordingly.]

Textual Amendments

F362 Art. 106 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), 3(9)

[F364 Article 107 U.K. [F363 Protection of established protected designations of origin etc.]

1. The Secretary of State must enter the names of established protected designations of origin, established protected geographical indications, and established traditional terms, in the register provided for in Article 104 of this Regulation.

2. For the purposes of paragraph 1:

(a) ‘established protected designation of origin’ means a designation of origin within the meaning of Article 93(1)(a) to which Article 54(2) of the EU withdrawal agreement applies;

(b) ‘established protected geographical indication’ means a geographical indication within the meaning of Article 93(1)(b) to which Article 54(2) of the EU withdrawal agreement applies;

(c) ‘established traditional term’ means a traditional term within the meaning of Article 112 to which Article 54(2) of the EU withdrawal agreement applies.]

Textual Amendments

F363 Art. 107 heading substituted (10.3.2021) by The Common Organisation of the Markets in Agricultural Products (Wine) (Amendment, etc.) Regulations 2021 (S.I. 2021/279), regs. 1, 2(2)

F364 Art. 107(1)(2) substituted for Art. 107(1)-(4) (10.3.2021) by The Common Organisation of the Markets in Agricultural Products (Wine) (Amendment, etc.) Regulations 2021 (S.I. 2021/279), regs. 1, 2(3)

F365 Article 108 U.K. Fees

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

Textual Amendments

F365 Art. 108 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 42; 2020 c. 1, Sch. 5 para. 1(1)

Article 109 U.K. Delegated powers

1. In order to take into account the specific characteristics of the production in the demarcated geographical area, the [F366 Secretary of State may make regulations] laying down:

(a) the additional criteria for the demarcation of the geographical area; and

(b) the restrictions and derogations concerning the production in the demarcated geographical area.

2. In order to ensure product quality and traceability, the [F367 Secretary of State may make regulations] laying down the conditions under which product specifications may include additional requirements.

3. In order to ensure the protection of the legitimate rights and interests of producers and operators, the [F368 Secretary of State may make regulations] on:

(a) the type of applicant that may apply for the protection of a designation of origin or geographical indication;

(b) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the [F369 Secretary of State], the objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;

(c) the conditions applicable to trans-border applications;

(d) the conditions for applications concerning geographical areas in a third country;

(e) the date from which a protection or an amendment to a protection shall apply;

(f) the conditions related to amendments to product specifications[F370 ;]

[F371 (g) rights to appeal any decision made:

(i) under Article 99 to reject or approve an application for the protection of a designation of origin or of a geographical indication;

(ii) to reject or approve an application submitted under Article 105 to amend the product specification of a protected designation of origin or of a protected geographical indication;

(iii) under Article 106, either to reject or approve an application to cancel a protected designation of origin or a protected geographical indication, or to cancel such protection on the Secretary of State's own initiative,

including the parties who may bring an appeal, the grounds and form of appeal, the appeals procedure, and the identity and powers of the appeal body.]

4. In order to ensure an adequate level of protection, the [F372 Secretary of State may make regulations about] restrictions regarding the protected name.

5. In order to ensure that economic operators and competent authorities are not unduly affected by the application of this Subsection as regards wine names which have been granted protection [F373 under Regulation (EU) No 1308/2013] prior to [F374 IP completion day], or for which an application for protection has been made [F375 under Regulation (EU) No 1308/2013] prior to [F376 IP completion day], the [F377 Secretary of State may make regulations for securing, as far as practicable, uninterrupted protection equivalent to that provided by Regulation (EU) No 1308/2013 immediately before IP completion day, and in particular] laying down transitional rules concerning:

(a) wine names recognised by F378 ... as designations of origin or geographical indications by [F374 IP completion day], and wine names for which an application for protection has been made [F375 under Regulation (EU) No 1308/2013] prior to [F376 IP completion day];

(b) wines placed on the market or labelled before a specific date; and

(c) amendments to the product specifications.

Textual Amendments

F366 Words in Art. 109(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), 3(10)(a)

F367 Words in Art. 109(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), 3(10)(b)

F368 Words in Art. 109(3) 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), 3(10)(c)(i)

F369 Words in Art. 109(3)(b) 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), 3(10)(c)(ii)

F370 Art. 109(3)(f): semi-colon substituted for full stop (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), 3(10)(c)(iii)

F371 Art. 109(3)(g) 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), 3(10)(c)(iv)

F372 Words in Art. 109(4) 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), 3(10)(d)

F373 Words in Art. 109(5) 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), 3(10)(e)(i)

F374 Words in Art. 109(5) 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), 3(10)(e)(iii)

F375 Words in Art. 109(5) 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), 3(10)(e)(ii)

F376 Words in Art. 109(5) 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), 3(10)(e)(iv)

F377 Words in Art. 109(5) 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), 3(10)(e)(v)

F378 Words in Art. 109(5) 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), 3(10)(e)(vi)

Article 110 U.K. [F379 Article 110 Other delegated powers]

1. The [F380 Secretary of State may make regulations] laying down necessary measures concerning:

(a) the information to be provided in the product specification with regard to the link between the geographical area and the final product;

(b) the making of decisions on protection or rejection available to the public;

(c) the establishment and the maintenance of the register referred to in Article 104;

(d) the conversion from protected designation of origin to protected geographical indication;

(e) the submission of trans-border applications.

F381 ...

2. The [F382 Secretary of State may make regulations] laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of an amendment of a designation of origin or a geographical indication, as well as the procedure for requests for objection, cancellation, or conversion, and the submission of information related to existing protected wine names, in particular with respect to:

(a) models for documents and the transmission format;

(b) time limits;

(c) the details of the facts, evidence and supporting documents to be submitted in support of an application or a request.

F383 ...

Textual Amendments

F379 Art. 110 heading 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), 3(11)(a)

F380 Words in Art. 110(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), 3(11)(b)(i)

F381 Words in Art. 110(1) 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), 3(11)(b)(ii)

F382 Words in Art. 110(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), 3(11)(c)(i)

F383 Words in Art. 110(2) 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), 3(11)(c)(ii)

F384 Article 111 U.K. Other implementing powers

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

Textual Amendments

F384 Art. 111 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), 3(12)

Subsection 3 U.K. Traditional terms

Article 112 U.K. Definition

A "traditional term" means a term traditionally used F385 ... for the products referred to in Article 92(1) to designate:

(a)

that the product has a protected designation of origin or a protected geographical indication under [F386 Article 99 or is included in the register established under Article 104]; or

(b)

the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication.

Textual Amendments

F385 Words in Art. 112 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 43(a); 2020 c. 1, Sch. 5 para. 1(1)

F386 Words in Art. 112(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 43(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 113 U.K. Protection

1. A protected traditional term may only be used for a product which has been produced in conformity with the definition provided for in Article 112.

Traditional terms shall be protected against unlawful use.

2. Traditional terms shall be protected, only in the language and for the categories of grape vine products claimed in the application, against:

(a) any misuse of the protected term, including where it is accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;

(b) any other false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it;

(c) any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

3. Traditional terms shall not become generic in [F387 Great Britain].

Textual Amendments

F387 Words in Art. 113(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 44 (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(16)); 2020 c. 1, Sch. 5 para. 1(1)

Article 114 U.K. Delegated powers

1. In order to ensure an adequate level of protection, the [F388 Secretary of State may make regulations] regarding the language and the spelling of the traditional term to be protected.

2. In order to ensure the protection of the legitimate rights and interests of producers and operators, the [F389 Secretary of State may make regulations] establishing:

(a) the type of applicants that may apply for the protection of a traditional term;

(b) the conditions of validity of an application for protection of a traditional term;

(c) the grounds for objecting to a proposed recognition of a traditional term;

(d) the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;

(e) the grounds for cancellation of a traditional term;

(f) the date of submission of an application or of a request for objection or cancellation;

(g) the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the [F390 Secretary of State], the objection procedure and the procedures on cancellation and modification[F391 ;]

[F392 (h) the circumstances in which an interested party may appeal any decision to:

(i) reject or approve an application for the protection of a traditional term;

(ii) reject or approve an application for the modification of the protection of a traditional term;

(iii) either reject or approve an application for the cancellation of the protection of a traditional term, or to cancel such protection on the Secretary of State's own initiative.]

3. In order to take into account the specific characteristics of trade between [F393 Great Britain] and certain third countries, the [F394 Secretary of State may make regulations] laying down the conditions under which traditional terms may be used on products from third countries and providing for derogations from Article 112 and Article 113(2).

Textual Amendments

F388 Words in Art. 114(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), 3(13)(a)

F389 Words in Art. 114(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), 3(13)(b)(i)

F390 Words in Art. 114(2)(g) 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), 3(13)(b)(ii)

F391 Art. 114(2)(g): semi-colon substituted for full stop (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), 3(13)(b)(iii)

F392 Art. 114(2)(h) 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), 3(13)(b)(iv)

F393 Words in Art. 114(3) 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), 3(13)(c)(i)

F394 Words in Art. 114(3) 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), 3(13)(c)(ii)

Article 115 U.K. [F395 Article 115 Other delegated powers]

1. The [F396 Secretary of State may make regulations] laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of a modification of a traditional term, as well as the procedure for requests for objection or cancellation, in particular with respect to:

(a) models for documents and the transmission format;

(b) time limits;

(c) the details of the facts, evidence and supporting documents to be submitted in support of the application or request;

(d) detailed rules on making protected traditional terms available to the public.

[F397 2. The Secretary of State may:

(a) approve or reject an application for protection of a traditional term;

(b) approve or reject an application for modification of a protected traditional term;

(c) approve or reject an application to cancel the protection of a traditional term;

(d) cancel the protection of a traditional term on the Secretary of State's own initiative.

2A. Where the Secretary of State makes a decision under paragraph 2, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time, a notice—

(a) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision; and

(b) providing information about the right to appeal against the decision and the period within which an appeal may be made.]

3. The [F398 Secretary of State may make regulations] providing for the protection of traditional terms in respect of which an application for protection has been accepted, in particular by classifying them in accordance with Article 112 and by publishing a definition and/or the conditions of use.

F399 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395 Art. 115 heading 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), 3(14)(a)

F396 Words in Art. 115(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), 3(14)(b)

F397 Art. 115(2)(2A) substituted for Art. 115(2) (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), 3(14)(c)

F398 Words in Art. 115(3) 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), 3(14)(d)

F399 Art. 115(4) 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), 3(14)(e)

F400 Article 116 U.K. Other implementing powers

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

Textual Amendments

F400 Art. 116 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), 3(15)

Section 3 U.K. Labelling and presentation in the wine sector

Article 117 U.K. Definition

For the purposes of this Section:

(a)

"labelling" means any words, particulars, trade marks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product;

(b)

"presentation" means any information conveyed to consumers by virtue of the packaging of the product concerned, including the form and type of bottles.

Article 118 U.K. Applicability of horizontal rules

[F401 Save as otherwise provided for in this Regulation, the Food (Lot Marking) Regulations 1996, the Weights and Measures (Intoxicating Liquor) Order 1988, the Weights and Measures (Miscellaneous Foods) Order 1988, the Trade Marks Act 1994 and Regulation (EU) No 1169/2011 apply to labelling and presentation.]

The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Regulation (EU) No 1169/2011.

Textual Amendments

F401 Words in Art. 118 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 45(a) (as amended by S.I. 2020/1453, reg. 9(17)); 2020 c. 1, Sch. 5 para. 1(1)

Article 119 U.K. Compulsory particulars

1. Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII marketed in [F402 Great Britain] or for export shall contain the following compulsory particulars:

(a) the designation for the category of the grapevine product in accordance with Part II of Annex VII;

(b) for wines with a protected designation of origin or a protected geographical indication:

(i)

the term "protected designation of origin" or "protected geographical indication"; and

(ii)

the name of the protected designation of origin or the protected geographical indication;

(c) the actual alcoholic strength by volume;

(d) an indication of provenance;

(e) an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

[F403 (f) an indication of the importer in the case of imported wines; and]

(g) in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content.

2. By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.

3. By way of derogation from point (b) of paragraph 1, the reference to the terms "protected designation of origin" or "protected geographical indication" may be omitted in the following cases:

(a) where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2);

[F404 (b) in exceptional and duly justified circumstances specified in regulations made by the Secretary of State in order to ensure compliance with existing labelling practices.]

[F405 Point (b) of this paragraph does not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

[F406 Sub-paragraph (b) of this paragraph does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F407 Sub-paragraph (b) of this paragraph does not apply in relation to products marketed in Wales [F408 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

4. [F409 By way of derogation, products referred to in paragraph 1:

(a) which are produced before IP completion day, or which are still in the finishing process immediately before 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 IP completion day;

(b) other than those falling within point (a), which are imported into the United Kingdom 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 IP completion day.]

Textual Amendments

F402 Words in Art. 119(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 46(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(18)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F403 Art. 119(1)(f) revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1 (with reg. 2(3))

F404 Art. 119(3)(b) 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), 3(16)

F405 Words in Art. 119(3) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(11) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F406 Words in Art. 119(3) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 13 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F407 Words in Art. 119(3) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 28 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F408 Words in Art. 119(3) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 10 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F409 Art. 119(4) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 46(b) (as amended by S.I. 2019/1405, regs. 1(2), 5(4) and S.I. 2020/1453, reg. 9(18)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 120 U.K. Optional particulars

1. Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may, in particular, contain the following optional particulars:

(a) the vintage year;

(b) the name of one or more wine grape varieties;

(c) in the case of wines other than those referred to in point (g) of Article 119(1), terms indicating the sugar content;

(d) for wines with a protected designation of origin or a protected geographical indication, traditional terms in accordance with point (b) of Article 112;

(e) [F410 any symbol established by the Secretary of State under Article 12 of Regulation (EU) No 1151/2012] indicating the protected designation of origin or the protected geographical indication;

(f) terms referring to certain production methods;

(g) for wines bearing a protected designation of origin or a protected geographical indication, the name of another geographical unit that is smaller or larger than the area underlying the designation of origin or geographical indication.

[F411 [F412 2. Without prejudice to Article 100(3), in the case of wines without a protected designation 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

F410 Words in Art. 120(1)(e) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 47(a); 2020 c. 1, Sch. 5 para. 1(1)

F411 Art. 120(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 47(b) (as amended by S.I. 2019/812, reg. 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F412 Art. 120(2) revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1 (with reg. 2(3))

Article 121 U.K. Languages

1. The compulsory and optional particulars referred to in Articles 119 and 120 shall, where expressed in words, appear in [F413 English, and may also appear in another language].

2. Notwithstanding paragraph 1, the name of a protected designation of origin or a protected geographical indication or a traditional term as referred to in point (b) of Article 112 shall appear on the label in the language or languages for which the protection applies. In the case of a protected designation of origin or a protected geographical indication or a national specific designation using a non-Latin alphabet, the name may also appear in [F414 English, and may also appear in another language].

[F415 3. Paragraph 1 does not apply to any products imported into Great Britain 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 IP completion day.]

Textual Amendments

F413 Words in Art. 121 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 48(a) (as amended by S.I. 2019/812, reg. 4(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F414 Words in Art. 121 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 48(aa) (as inserted by S.I. 2019/812, regs. 1, 4(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F415 Art. 121(3) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 48(b) (as amended by S.I. 2020/1453, reg. 9(19)); 2020 c. 1, Sch. 5 para. 1(1)

Article 122 U.K. Delegated powers

[F416 A1. This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F417 A2. This Article does not apply in relation to products marketed in Wales [F418 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

[F419 A1A. This Article does not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

1. In order to take into account the specific characteristics of the wine sector, the [F420 appropriate authority in England, Wales or Scotland may make regulations] concerning rules and restrictions on:

(a) the presentation and use of labelling particulars other than those provided for in this Section;

(b) compulsory particulars concerning:

(i)

terms to be used to formulate the compulsory particulars and their conditions of use;

(ii)

terms referring to a holding and the conditions for their use;

(iii)

F421 ...

(iv)

provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product; and

(v)

provisions on the use of languages;

(c) optional particulars concerning:

(i)

terms to be used to formulate the optional particulars and their conditions of use;

(ii)

F422 ...

(d) the presentation concerning:

(i)

the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes;

(ii)

the conditions of use of "sparkling wine"-type bottles and closures;

(iii)

F423 ...

(iv)

provisions on the use of languages.

2. In order to ensure the protection of the legitimate interests of operators, the [F424 appropriate authority in England, Wales or Scotland may make regulations] concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.

F425 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. In order to take account of the specific characteristics in trade between the [F426 United Kingdom] and certain third countries, the [F427 appropriate authority in England, Wales or Scotland may make regulations] concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

Textual Amendments

F416 Art. 122(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 14 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F417 Art. 122(A2) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 29 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F418 Words in Art. 122(A2) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 11 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F419 Art. 122(A1A) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(12) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F420 Words in Art. 122(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F421 Art. 122(1)(b)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F422 Art. 122(1)(c)(ii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F423 Art. 122(1)(d)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F424 Words in Art. 122(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F425 Art. 122(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F426 Words in Art. 122(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F427 Words in Art. 122(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(d)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 123 U.K. Implementing powers in accordance with the examination procedure

[F428 This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F429 This Article does not apply in relation to products marketed in Wales [F430 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

[F431 This Article does not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

The [F432 appropriate authority in England, Wales or Scotland may make regulations] laying down necessary measures concerning the procedures and technical criteria applicable to this Section, including the necessary measures for the certification, approval and verification procedures applicable to wines without a protected designation of origin or a protected geographical indication. F433 ...

Textual Amendments

F428 Words in Art. 123 inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 15 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F429 Words in Art. 123 inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 30 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F430 Words in Art. 123 substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 12 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F431 Words in Art. 123 inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(13) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F432 Words in Art. 123 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(6)(a) (as amended by S.I. 2020/1453, reg. 14(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F433 Words in Art. 123 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C15 Pt. 2 Title 2 Ch. 1 Section 3 applied (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(a), Sch. 1 (with regs. 7, 8)

CHAPTER II U.K. Specific provisions for individual sectors

Section 1 U.K. Sugar

F434 Article 124 U.K. Duration

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

Textual Amendments

F434 Art. 124 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 49; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 1 U.K. Specific measures

Article 125 U.K. Sugar sector agreements

1. The terms for buying sugar beet and sugar cane, including pre-sowing delivery contracts, shall be governed by written agreements within the trade concluded between, on the one hand, [F435 United Kingdom] growers of sugar beet and sugar cane or, on their behalf, the organisations of which they are members, and, on the other hand, [F435 United Kingdom] sugar undertakings or, on their behalf, the organisations of which they are members.

2. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall be notified by sugar undertakings to the competent [F436 authority].

3. From 1 October 2017, agreements within the trade shall conform to the purchase terms laid down in Annex X.

4. In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the [F437 Secretary of State may make regulations] to:

(a) update the terms referred to in Section A of Part II of Annex II [F438 so far as the terms apply in relation to a matter outside devolved competence];

(b) update the purchase terms for beet referred to in Annex X;

(c) lay down further rules on the determination of gross weight, tare and sugar content of sugar beet delivered to an undertaking, and on beet pulp.

[F439 In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the appropriate authority may make regulations to update the terms referred to in Section A of Part 2 of Annex 2 so far as the terms apply in relation to a matter that is not outside devolved competence.]

[F440 5. The Secretary of State may make regulations setting out the measures necessary for the application of this Article, including in respect of procedures, notifications and administrative assistance in the case of international agreements within the sugar trade.]

Textual Amendments

F435 Words in Art. 125(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 50(a); 2020 c. 1, Sch. 5 para. 1(1)

F436 Word in Art. 125(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 50(b); 2020 c. 1, Sch. 5 para. 1(1)

F437 Words in Art. 125(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F438 Words in Art. 125(4)(a) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F439 Words in Art. 125(4) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(7); 2020 c. 1, Sch. 5 para. 1(1)

F440 Art. 125(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 126 U.K. Price reporting in the sugar market

The [F441 appropriate authority may make regulations] establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

F442 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The [F443 appropriate authority] shall ensure that specific prices or names of individual economic operators are not published.

Textual Amendments

F441 Words in Art. 126 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F442 Words in Art. 126 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F443 Words in Art. 126 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(b); 2020 c. 1, Sch. 5 para. 1(1)

Subsection 2 U.K. Requirements applying to the sugar sector during the period referred to in article 124

F444 Article 127 U.K. Delivery contracts

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 128 U.K. Production charge

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 129 U.K. Production refund

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 130 U.K. Withdrawal of sugar

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 131 U.K. Temporary market management mechanism

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 132 U.K. Delegated powers

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 133 U.K. Implementing powers in accordance with the examination procedure

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

Subsection 3 U.K. System of production regulation

F444 Article 134 U.K. Quotas in the sugar sector

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 135 U.K. Minimum beet price

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 136 U.K. Quota allocation

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 137 U.K. Approved undertakings

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 138 U.K. National quota reallocation and reduction of quotas

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 139 U.K. Out-of-quota production

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 140 U.K. Industrial sugar

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 141 U.K. Carry-forward of surplus sugar

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 142 U.K. Surplus levy

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 143 U.K. Delegated powers

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

F444 Article 144 U.K. Implementing powers in accordance with the examination procedure

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Wine

F444 Article 145 U.K. Vineyard register and inventory of production potential

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

Textual Amendments

F444 Arts. 127-145 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 51; 2020 c. 1, Sch. 5 para. 1(1)

Article 146 U.K. Competent national authorities for the wine sector

1. Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, [F445 the Secretary of State] shall designate one or more authorities which shall be responsible for ensuring compliance with F446 ... rules in the wine sector. In particular, [F445 the Secretary of State] shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall satisfy the general criteria for the operation of testing laboratories set out in ISO/IEC 17025. [F447 Any designation under this paragraph must be agreed by the relevant authorities for Wales, Scotland and Northern Ireland.]

[F448 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.]

Textual Amendments

F445 Words in Art. 146(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 52(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F446 Word in Art. 146(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 52(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F447 Words in Art. 146(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 52(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F448 Art. 146(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 52(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 147 U.K. Accompanying documents and register

F449 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers, processors and merchants, shall keep inward and outward registers in respect of those products.

3. In order to facilitate [F450 the verification of wine products] by [F451 competent authorities, the Secretary of State may make regulations] on:

F452 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications;

(c) an obligation to keep a register and its use;

(d) who is obliged to keep a register and exemptions from that obligation;

(e) the operations to be included in the register.

4. The [F453 Secretary of State may make regulations] establishing:

(a) rules on the composition of the registers, the products to be contained therein, deadlines for entries in registers and the closures of registers;

(b) F454 ... the maximum acceptable percentages for losses;

(c) general and transitional provisions for the keeping of registers;

(d) rules determining how long accompanying documents and the registers are to be kept.

F455 ...

Textual Amendments

F449 Art. 147(1) omitted (31.12.2020) 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)(a), 4(6)(a)

F450 Words in Art. 147(3) substituted (31.12.2020) 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)(a), 4(6)(b)(i)

F451 Words in Art. 147(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(a); 2020 c. 1, Sch. 5 para. 1(1)

F452 Art. 147(3)(a) omitted (31.12.2020) 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)(a), 4(6)(b)(ii)

F453 Words in Art. 147(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F454 Words in Art. 147(4)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F455 Words in Art. 147(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Milk and milk products

Article 148 U.K. Contractual relations in the milk and milk products sector

1. Where a [F456 the Secretary of State] decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2.

Where a [F456 the Secretary of State] decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, [F457 the Secretary of State] shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors.

For the purposes of this Article, a "collector" means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

[F458 1a. Where [F459 the Secretary of State does] not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.]

[F154 2. The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:]

(a) be made in advance of the delivery,

(b) be made in writing, and

(c) include, in particular, the following elements:

(i)

the price payable for the delivery, which shall:

• be static and be set out in the contract, and/or

• be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered,

(ii)

the volume of raw milk which may and/or must be delivered and the timing of such deliveries,

(iii)

the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

(iv)

details regarding payment periods and procedures,

(v)

arrangements for collecting or delivering raw milk, and

(vi)

rules applicable in the event of force majeure.

[F154 3. By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.]

4. All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.

[F154 Notwithstanding the first subparagraph, one or more of the following shall apply:

(a) where [F460 the Secretary of State] decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, [F461 the Secretary of State] may establish:

(i)

an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery;

(ii)

a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;]

(b) where [F460 the Secretary of State] decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, [F461 the Secretary of State] may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

F462 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F463 6. The Secretary of State may make regulations setting out measures necessary for the uniform application of points (a) and (b) of paragraph 2, and paragraph 3, of this Article.]

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F456 Words in Art. 148(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F457 Words in Art. 148(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F458 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F459 Words in Art. 148(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(b); 2020 c. 1, Sch. 5 para. 1(1)

F460 Words in Art. 148(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F461 Words in Art. 148(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F462 Art. 148(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 8(d); 2020 c. 1, Sch. 5 para. 1(1)

F463 Art. 148(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 149 U.K. Contractual negotiations in the milk and milk products sector

[F154 1. A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1).]

2. The negotiations by the producer organisation may take place:

(a) whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

(b) whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

(c) provided that, for a particular producer organisation, all of the following conditions are fulfilled:

(i)

F464 ...

(ii)

the volume of raw milk covered by such negotiations which is produced in [F465 the United Kingdom does not exceed 33% of total production in the United Kingdom], and

(iii)

the volume of raw milk covered by such negotiations which is delivered in [F466 the United Kingdom does not exceed 33% of total production in the United Kingdom];

(d) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, [F467 the Secretary of State] may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

(e) provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

(f) provided that the producer organisation notifies the [F468 Competition and Markets Authority] of the volume of raw milk covered by such negotiations.

F469 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. For the purposes of this Article, references to producer organisations include associations of such producer organisations.

F470 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. By way of derogation from point (c) of paragraph 2 F471 ..., even where the thresholds set out therein are not exceeded, the [F472 Competition and Markets Authority] may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.

F473 ...

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

7. For the purposes of this Article:

F474 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a "SME" means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

F475 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F464 Art. 149(2)(c)(i) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F465 Words in Art. 149(2)(c)(ii) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F466 Words in Art. 149(2)(c)(iii) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F467 Words in Art. 149(2)(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F468 Words in Art. 149(2)(f) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F469 Art. 149(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(b); 2020 c. 1, Sch. 5 para. 1(1)

F470 Art. 149(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(c); 2020 c. 1, Sch. 5 para. 1(1)

F471 Words in Art. 149(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(i)(aa) (as substituted by S.I. 2019/1403, regs. 1, 2(3)); 2020 c. 1, Sch. 5 para. 1(1)

F472 Words in Art. 149(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(i)(bb) (as substituted by S.I. 2019/1403, regs. 1, 2(3)); 2020 c. 1, Sch. 5 para. 1(1)

F473 Words in Art. 149(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F474 Art. 149(7)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(e); 2020 c. 1, Sch. 5 para. 1(1)

F475 Art. 149(8) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(f); 2020 c. 1, Sch. 5 para. 1(1)

F476 Article 150 U.K. Regulation of supply for cheese with a protected designation of origin or protected geographical indication

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

Textual Amendments

F476 Art. 150 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 10; 2020 c. 1, Sch. 5 para. 1(1)

Article 151 U.K. Compulsory declarations in the milk and milk products sector

From 1 April 2015, the first purchasers of raw milk shall declare to the [F477 Secretary of State] the quantity of raw milk that has been delivered to them each month.

For the purposes of this Article and Article 148, a "first purchaser" means an undertaking or group which buys milk from producers in order to:

(a)

subject it to collecting, packing, storing, chilling or processing, including under a contract;

(b)

sell it to one or more undertakings treating or processing milk or other milk products.

F478 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F479 The Secretary of State may make regulations setting out rules on the content, format and timing of declarations under this Article.]

Textual Amendments

F477 Words in Art. 151 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 11(a); 2020 c. 1, Sch. 5 para. 1(1)

F478 Words in Art. 151 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 11(b); 2020 c. 1, Sch. 5 para. 1(1)

F479 Words in Art. 151 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(8); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. Producer organisations and associations and interbranch organisations

Section 1 U.K. Definition and recognition

Article 152 U.K. Producer organisations

1. [F480 The Secretary of State] may, on request, recognise producer organisations, which:

(a) are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

[F154 (b) are formed on the initiative of the producers and which carry out at least one of the following activities:

(i)

joint processing;

(ii)

joint distribution, including by joint selling platforms or joint transportation;

(iii)

joint packaging, labelling or promotion;

(iv)

joint organising of quality control;

(v)

joint use of equipment or storage facilities;

(vi)

joint management of waste directly related to the production;

(vii)

joint procurement of inputs;

(viii)

any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;]

(c) pursue a specific aim which may include at least one of the following objectives:

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii)

concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

(iii)

optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

(iv)

carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

(v)

promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

(vi)

promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

(vii)

the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;

(viii)

contributing to a sustainable use of natural resources and to climate change mitigation;

(ix)

developing initiatives in the area of promotion and marketing;

(x)

[X1 managing of the mutual funds referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013;]

(xi)

providing the necessary technical assistance for the use of the futures markets and of insurance schemes.

[F458 1a. By way of derogation from [F481 section 2(1) of the Competition Act 1998], a producer organisation recognised under paragraph 1 of this Article may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production.

The activities referred to in the first subparagraph may take place:

(a) provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised F482 ...;

(b) provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;

(c) whether or not the price negotiated is the same as regards the aggregate production of some or all of the members;

(d) provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph;

(e) provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes.

However, [F483 nothing in this Regulation prevents the Secretary of State from providing that the condition set out in point (d) of the second subparagraph does not apply] in duly justified cases where producer members hold two distinct production units located in different geographical areas.

1b. For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article.

1c. The [F484 Competition and Markets Authority] may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

F485 ...

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.]

2. A producer organisation recognised under paragraph 1 may continue to be recognised if it engages in the marketing of products falling within CN code ex 2208 other than those referred to in Annex I to the Treaties, provided that the proportion of such products does not exceed 49 % of the total value of marketed production of the producer organisation and that such products do not benefit from [F486 public funding]. Those products do not count, for producer organisations in the fruit and vegetables sector, towards the calculation of the value of marketed production for the purposes of Article 34(2).

F487 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F458 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F480 Words in Art. 152(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F481 Words in Art. 152(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F482 Words in Art. 152(1a)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F483 Words in Art. 152(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F484 Words in Art. 152(1c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F485 Words in Art. 152(1c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F486 Words in Art. 152(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 12(d); 2020 c. 1, Sch. 5 para. 1(1)

F487 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

Article 153 U.K. Statutes of producer organisations

1. The statutes of a producer organisation shall require its producer members, in particular, to:

(a) apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

(b) be members of only one producer organisation for any given product of the holding; however [F488 nothing in this Regulation prevents the Secretary of State from providing that this condition does not apply] in duly justified cases where producer members hold two distinct production units located in different geographical areas;

(c) provide the information requested by the producer organisation for statistical purposes.

2. The statutes of a producer organisation shall also provide for:

(a) procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1;

(b) the imposition on members of financial contributions needed to finance the producer organisation;

(c) rules enabling the producer members to scrutinise democratically their organisation and its decisions;

(d) penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

(e) rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

(f) the accounting and budgetary rules necessary for the operation of the organisation.

3. Paragraphs 1 and 2 shall not apply to producer organisations in the milk and milk products sector.

Textual Amendments

F488 Words in Art. 153(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 13; 2020 c. 1, Sch. 5 para. 1(1)

Article 154 U.K. Recognition of producer organisations

1. In order to be recognised by [F489 the Secretary of State], the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which:

(a) fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);

(b) has a minimum number of members and/or covers a minimum volume or value of marketable production, [F490 as laid down by the Secretary of State], in the area where it operates;

(c) provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;

(d) has statutes that are consistent with points (a), (b) and (c) of this paragraph.

[F458 1a. [F491 The Secretary of State] may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.]

[F492 2. A producer organisation is deemed to be recognised pursuant to Article 152 if the Secretary of State made a decision to deem such recognition prior to exit day.]

F493 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F494 The Secretary of State ] shall:

(a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F495 ...

(b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;

(c) in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

F496 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F458 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F489 Words in Art. 154(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F490 Words in Art. 154(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F491 Words in Art. 154(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)

F492 Art. 154(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(c); 2020 c. 1, Sch. 5 para. 1(1)

F493 Art. 154(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(d); 2020 c. 1, Sch. 5 para. 1(1)

F494 Words in Art. 154(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F495 Words in Art. 154(4)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F496 Art. 154(4)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 155 U.K. Outsourcing

[F497 The Secretary of State] may permit a recognised producer organisation or a recognised association of producer organisations in the sectors specified F498 ... in accordance with point (f) of Article 173(1) to outsource any of its activities other than production, including to subsidiaries, provided that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the carrying out of the activity.

Textual Amendments

F497 Words in Art. 155 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 15(a); 2020 c. 1, Sch. 5 para. 1(1)

F498 Words in Art. 155 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 15(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 156 U.K. Associations of producer organisations

1. [F499 The Secretary of State] may, on request, recognise associations of producer organisations in a specific sector listed in Article 1(2) which are formed at the initiative of recognised producer organisations.

Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of producer organisations.

2. By way of derogation from paragraph 1, [F500 Secretary of State] may, on request, recognise an association of recognised producer organisations in the milk and milk products sector if the [F501 Secretary of State] considers that the association is capable of carrying out effectively any of the activities of a recognised producer organisation, and that it fulfils the conditions laid down in Article 161(1).

Textual Amendments

F499 Words in Art. 156(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 16(a); 2020 c. 1, Sch. 5 para. 1(1)

F500 Words in Art. 156(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 16(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F501 Words in Art. 156(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 16(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 157 U.K. Interbranch organisations

1. [F502 The Secretary of State] may, on request, recognise interbranch organisations in a specific sector listed in Article 1(2) which:

(a) are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors;

(b) are formed on the initiative of all or some of the organisations or associations which constitute them;

(c) pursue a specific aim taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives:

(i)

improving knowledge and the transparency of production and the market, including by publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or international level;

(ii)

forecasting of production potential, and recording public market prices;

(iii)

helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies;

(iv)

exploring potential export markets;

(v)

without prejudice to Articles 148 and 168, drawing up standard forms of contract F503 ... for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

(vi)

exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation;

(vii)

providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment;

(viii)

seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare;

(ix)

developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing;

(x)

taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications;

(xi)

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

(xii)

encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns;

(xiii)

promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets;

(xiv)

contributing to the management of by-products and the reduction and management of waste[F154 ;]

(xv)

[F458 establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them;

(xvi)

implementing measures to prevent and manage animal health, plant-protection and environmental risks.]

[F458 1a. [F504 The Secretary of State] may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 and, where applicable, paragraph 3 for each sector for which it seeks recognition.]

F505 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. By way of derogation from paragraph 1, as regards the milk and milk products sector, [F506 the Secretary of State] may recognise interbranch organisations which:

(a) have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products of the milk and milk products sector;

(b) are formed on the initiative of all or some of the representatives referred to in point (a);

(c) carry out, F507 ..., taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the following activities:

(i)

improving the knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional, national and international level;

(ii)

helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies;

(iii)

promoting consumption of, and providing information on, milk and milk products in both internal and external markets;

(iv)

exploring potential export markets;

(v)

drawing up standard forms of contract F508 ... for the sale of raw milk to purchasers or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

(vi)

providing the information and carrying out the research necessary to adjust production in favour of products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment;

(vii)

maintaining and developing the production potential of the dairy sector, inter alia, by promoting innovation and supporting programmes for applied research and development in order to exploit the full potential of milk and milk products, especially in order to create products with added value which are more attractive to the consumer;

(viii)

seeking ways of restricting the use of animal health products, improving the management of other inputs and enhancing food safety and animal health;

(ix)

developing methods and instruments for improving product quality at all stages of production and marketing;

(x)

exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications; F487 ...

(xi)

promoting integrated production or other environmentally sound production methods[F154 ;]

(xii)

[F458 establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them; and

(xiii)

implementing measures to prevent and manage animal health, plant-protection and environmental risks.]

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F458 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F487 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F502 Words in Art. 157(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F503 Words in Art. 157(1)(c)(v) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F504 Words in Art. 157(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(b); 2020 c. 1, Sch. 5 para. 1(1)

F505 Art. 157(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(c); 2020 c. 1, Sch. 5 para. 1(1)

F506 Words in Art. 157(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F507 Words in Art. 157(3)(c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F508 Words in Art. 157(3)(c)(v) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 17(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Article 158 U.K. Recognition of interbranch organisations

1. [F509 The Secretary of State ] may recognise interbranch organisations applying for such recognition, provided that they:

(a) fulfil the requirements laid down in Article 157;

(b) carry out their activities in one or more regions in the [F510 United Kingdom];

(c) account for a significant share of the economic activities referred to in point (a) of Article 157(1);

(d) with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade.

F511 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F511 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F511 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Where [F512 the Secretary of State recognises] an interbranch organisation in accordance with paragraph 1 or 2, [F513 the Secretary of State must]:

(a) decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; F514 ...

(b) carry out, at intervals to be determined by [F515 the Secretary of State], checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations [F516 any applicable penalties] and, if necessary, decide whether recognition should be withdrawn;

(d) withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

F517 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F509 Words in Art. 158(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F510 Words in Art. 158(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F511 Art. 158(2)-(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(b); 2020 c. 1, Sch. 5 para. 1(1)

F512 Words in Art. 158(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(i)(aa) (as substituted by S.I. 2019/1403, regs. 1, 2(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F513 Words in Art. 158(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(i)(bb) (as substituted by S.I. 2019/1403, regs. 1, 2(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F514 Words in Art. 158(5)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F515 Words in Art. 158(5)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(iia) (as inserted by S.I. 2019/1403, regs. 1, 2(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F516 Words in Art. 158(5)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F517 Art. 158(5)(e) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 18(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Additional rules for specific sectors

Article 159 U.K. [F154 Mandatory recognition]

By way of derogation from Articles 152 to 158, [F518 the Secretary of State] shall, on request, recognise:

(a)

producer organisations in:

(i)

the fruit and vegetables sector in respect of one or more products of that sector and/or such products solely intended for processing,

(ii)

F519 ...

(iii)

F519 ...

(iv)

the hops sector;

(b)

F520 ...

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F518 Words in Art. 159 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 19(a) (as substituted by S.I. 2019/1403, regs. 1, 2(5)); 2020 c. 1, Sch. 5 para. 1(1)

F519 Art. 159(a)(ii)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 19(b) (as substituted by S.I. 2019/1403, regs. 1, 2(5)); 2020 c. 1, Sch. 5 para. 1(1)

F520 Art. 159(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 19(b) (as substituted by S.I. 2019/1403, regs. 1, 2(5)); 2020 c. 1, Sch. 5 para. 1(1)

Article 160 U.K. Producer organisations in the fruit and vegetables sector

In the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points (c)(i), (ii) and (iii) of Article 152(1).

The statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to market their entire production concerned through the producer organisation.

Producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference.

Article 161 U.K. Recognition of producer organisations in the milk and milk products sector

[F154 1. [F521 The Secretary of State] shall, on request, recognise as producer organisations in the milk and milk products sector all legal entities or clearly defined parts of such entities, provided that:

(a) they are constituted by producers in the milk and milk products sector, are formed on their initiative and pursue a specific aim which may include one or more of the following objectives:

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii)

concentration of supply and the placing on the market of the products produced by their members;

(iii)

optimising production costs and stabilising producer prices;]

(b) they have a minimum number of members and/or cover a minimum volume of marketable production, [F522 as laid down by the Secretary of State], in the area where they operate;

(c) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply;

(d) they have statutes that are consistent with points (a), (b) and (c) of this paragraph.

F523 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F524 The Secretary of State] shall:

(a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F525 ...

(b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations and associations of producer organisations are complying with the provisions of this Chapter;

(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties that they have laid down and, if necessary, decide whether recognition should be withdrawn;

F526 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F521 Words in Art. 161(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F522 Words in Art. 161(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F523 Art. 161(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(b); 2020 c. 1, Sch. 5 para. 1(1)

F524 Words in Art. 161(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F525 Words in Art. 161(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F526 Art. 161(3)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 20(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F527 Article 162 U.K. Interbranch organisations in the olive oil and table olives and tobacco sectors

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Textual Amendments

F527 Art. 162 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 21; 2020 c. 1, Sch. 5 para. 1(1)

Article 163 U.K. Recognition of interbranch organisations in the milk and milk products sector

1. [F528 The Secretary of State] may recognise interbranch organisations in the milk and milk products sector provided that such organisations:

(a) fulfil the requirements laid down in Article 157(3);

(b) carry out their activities in one or more regions in the [F529 United Kingdom];

(c) account for a significant share of the economic activities referred to in point (a) of Article 157(3);

(d) do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.

F530 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Where [F531 the Secretary of State makes] use of the option to recognise an interbranch organisation in accordance with paragraph 1 [F532 , the Secretary of State must]:

(a) decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F533 ...

(b) carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

(d) withdraw recognition if:

(i)

the requirements and conditions for recognition laid down in this Article are no longer fulfilled;

(ii)

the interbranch organisation takes part in any of the agreements, decisions and concerted practices referred to in Article 210(4); such withdrawal of recognition shall be without prejudice to any other penalties to be imposed pursuant to national law;

(iii)

the interbranch organisation fails to comply with the notification obligation referred to in point (a) of the first subparagraph of Article 210(2);

F534 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F528 Words in Art. 163(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F529 Words in Art. 163(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F530 Art. 163(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(b); 2020 c. 1, Sch. 5 para. 1(1)

F531 Words in Art. 163(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(i)(aa) (as amended by S.I. 2019/1403, reg. 2(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F532 Words in Art. 163(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(i)(bb) (as substituted by S.I. 2019/1403, regs. 1, 2(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F533 Words in Art. 163(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F534 Art. 163(3)(e) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 22(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Extension of rules and compulsory contributions

F535 Article 164 U.K. Extension of rules

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Textual Amendments

F535 Art. 164 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 23; 2020 c. 1, Sch. 5 para. 1(1)

F536 Article 165 U.K. Financial contributions of non-members

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Textual Amendments

F536 Art. 165 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 23; 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Adjustment of supply

Article 166 U.K. Measures to facilitate the adjustment of supply to market requirements

In order to encourage action by the organisations referred to in Articles 152 to 163 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the [F537 appropriate authority may make regulations] concerning measures in the sectors listed in Article 1(2):

(a)

improving quality;

(b)

promoting better organisation of production, processing and marketing;

(c)

facilitating the recording of market price trends;

(d)

permitting the establishment of short and long-term forecasts on the basis of the means of production used.

Textual Amendments

F537 Words in Art. 166 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 167 U.K. Marketing rules to improve and stabilise the operation of the common market in wines

1. [F538 Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland, from laying] down marketing rules to regulate supply, particularly by way of decisions taken by interbranch organisations recognised under Articles 157 and 158. [F539 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.]

Such rules shall be proportionate to the objective pursued and shall not:

(a) relate to any transaction after the first marketing of the produce concerned;

(b) allow for price fixing, including where prices are set for guidance or recommendation;

(c) render unavailable an excessive proportion of the vintage that would otherwise be available;

(d) provide scope for refusing to issue the F540 ... certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

F541 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F541 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F538 Words in Art. 167(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 54(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F539 Words in Art. 167(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 54(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F540 Words in Art. 167(1)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 54(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F541 Art. 167(2)(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 54(b); 2020 c. 1, Sch. 5 para. 1(1)

F542 Article 167a U.K. Marketing rules to improve and stabilise the operation of the common market in olive oils

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Textual Amendments

F542 Art. 167a omitted (22.7.2022) by virtue of The Common Agricultural Policy (Cross-Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/861), regs. 1(2), 4(3)

Section 5 U.K. Contract systems

Article 168 U.K. Contractual relations

1. Without prejudice to Article 148 concerning the milk and milk products sector and Article 125 concerning the sugar sector, if [F543 the Secretary of State] decides, in respect of agricultural products from a sector listed in Article 1(2), other than milk and milk products and sugar:

(a) that every delivery in [F544 the United Kingdom] of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or

(b) that the first purchasers must make a written offer for a contract for the delivery in [F544 the United Kingdom] of those agricultural products by the producer,

such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article.

[F458 1a. Where [F545 the Secretary of State does] not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation or an association of producer organisations, in respect of agricultural products in a sector referred to in Article 1(2) other than the milk, milk products and sugar sector, may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in paragraph 4 and in the first subparagraph of paragraph 6 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.]

2. Where the [F546 Secretary of State] decides that deliveries of the products covered by this Article by a producer to a processor must be covered by a written contract between the parties, [F547 the Secretary of State] shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries.

[F548 The Secretary of State must ensure that any provisions made] under this Article do not impair the proper functioning of the [F549 market in the United Kingdom].

3. In the case described in paragraph 2, the [F550 Secretary of State] may establish a mediation mechanism to cover cases in which there is no mutual agreement to conclude such a contract, thereby ensuring fair contractual relations.

[F154 4. Any contract or offer for a contract referred to in paragraphs 1 and 1a shall:]

(a) be made in advance of the delivery;

(b) be made in writing; and

(c) include, in particular, the following elements:

(i)

the price payable for the delivery, which shall:

• be static and be set out in the contract, and/or

• be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered,

(ii)

the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries,

(iii)

the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses,

(iv)

details regarding payment periods and procedures,

(v)

arrangements for collecting or delivering the agricultural products, and

(vi)

rules applicable in the event of force majeure.

[F154 5. By way of derogation from paragraphs 1 and 1a, a contract or an offer for a contract shall not be required where the products concerned are delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 4.]

6. All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in point (c) of paragraph 4, shall be freely negotiated between the parties.

Notwithstanding the first subparagraph, one or both of the following shall apply:

(a) where [F551 the Secretary of State] decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, [F552 the Secretary of State] may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the [F553 market in the United Kingdom];

(b) where [F551 the Secretary of State] decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, [F552 the Secretary of State] may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the [F553 market in the United Kingdom].

The second subparagraph shall be without prejudice to the producer's right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in point (c) of paragraph 4.

[F554 7. The Secretary of State must ensure that any provisions made to implement the options referred to in this Article do not impair the proper functioning of the market in the United Kingdom.]

[F555 8. The Secretary of State may make regulations setting out the measures necessary for the uniform application of points (a) and (b) of paragraph 4, and paragraph 5, of this Article.]

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F458 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F543 Words in Art. 168(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F544 Words in Art. 168(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F545 Words in Art. 168(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(b); 2020 c. 1, Sch. 5 para. 1(1)

F546 Words in Art. 168(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F547 Words in Art. 168(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F548 Words in Art. 168(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F549 Words in Art. 168(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F550 Words in Art. 168(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(d); 2020 c. 1, Sch. 5 para. 1(1)

F551 Words in Art. 168(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F552 Words in Art. 168(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F553 Words in Art. 168(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F554 Art. 168(7) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 24(f); 2020 c. 1, Sch. 5 para. 1(1)

F555 Art. 168(8) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F487 Article 169 U.K. [F487 Contractual negotiations in the olive oil sector

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Textual Amendments

F487 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F487 Article 170 U.K. Contractual negotiations in the beef and veal sector

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Textual Amendments

F487 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F487 Article 171 U.K. Contractual negotiations for certain arable crops]

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

Textual Amendments

F487 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F556 Article 172 U.K. Regulation of supply for ham with a protected designation of origin or protected geographical indication

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Textual Amendments

F556 Art. 172 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 55; 2020 c. 1, Sch. 5 para. 1(1)

[F458 Section 5a U.K. Value-sharing clauses

Article 172a U.K. Value-sharing

Without prejudice to any specific value-sharing clauses in the sugar sector, farmers, including associations of farmers, and their first purchaser may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices for the products concerned or other commodity markets is to be allocated between them.]

Section 6 U.K. Procedural rules

Article 173 U.K. Delegated powers

1. In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations and associations without resulting in undue administrative burden and without undermining the principle of freedom of association in particular toward non-members of such organisations, the [F557 Secretary of State may make regulations] concerning the following matters regarding producer organisations, associations of producer organisations, and interbranch organisations for one or more of the sectors referred to in Article 1(2), or specific products of those sectors:

(a) the specific aims which may, must or must not be pursued by such organisations and associations and, where applicable, added to those laid down in Articles 152 to 163;

(b) the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including derogations from the obligation to market the entire production through the producer organisation referred to in the second paragraph of Article 160, the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers;

(c) the conditions for recognition, withdrawal and suspension of recognition, the effects deriving from recognition, withdrawal and suspension of recognition as well as requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria;

(d) transnational organisations and associations including the rules referred to in points (a), (b) and (c) of this paragraph;

(e) rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation;

[X1 (f) the sectors to which Article 155 applies, the conditions for the outsourcing of activities, the nature of activities that may be outsourced and the provision of technical means by organisations or associations;]

(g) the basis for the calculation of minimum volume or value of marketable production of organisations and associations;

(h) the acceptance of members who are not producers in the case of producer organisations and who are not producer organisations in the case of associations of producer organisations;

(i) the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165 including the use and allocation of that payment by those organisations and a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 164(4), while ensuring that such organisations are transparent and accountable toward non-members and that members of such organisations do not enjoy a more favourable treatment than non-members, in particular as to the use of the compulsory payment of subscriptions;

(j) further requirements as regards representativeness of the organisations referred to in Article 164, the economic areas concerned, including [F558 scrutiny by the Secretary of State] of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the [F559 Secretary of State] may require that the extension of rules or compulsory contributions be refused or withdrawn.

2. By way of derogation from paragraph 1, in order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations and interbranch organisations in the milk and milk products sector are clearly defined, so as to contribute to the effectiveness of the actions of such organisations without imposing an undue burden, the [F560 Secretary of State may make regulations setting out]:

(a) the conditions for recognising transnational producer organisations and transnational associations of producer organisations;

(b) rules relating to the establishment and the conditions of administrative assistance to be given to producer organisations, including associations of producer organisations by the relevant competent authorities in the case of transnational cooperation;

(c) additional rules regarding the calculation of the volume of raw milk covered by the negotiations referred to in point (c) of Article 149(2) and Article 149(3);

(d) rules concerning the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F557 Words in Art. 173(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F558 Words in Art. 173(1)(j) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F559 Words in Art. 173(1)(j) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F560 Words in Art. 173(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 174 U.K. Implementing powers in accordance with the examination procedure

1. The [F561 Secretary of State may make regulations setting out] the measures necessary for the application of this Chapter, in particular:

(a) measures for the implementation of the conditions for recognition of producer organisations and interbranch organisations set out in Articles 154 and 158;

(b) procedures in the event of a merger of producer organisations;

(c) [F562 provision about] the minimum size and minimum membership period;

(d) procedures relating to the extension of rules and financial contributions as referred to in Articles 164 and 165, in particular the implementation of the concept of "economic area" referred to in Article 164(2);

(e) procedures relating to administrative assistance;

(f) procedures relating to the outsourcing of activities;

F563 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F564 ...

[F565 The appropriate authority may make regulations laying down procedures and technical conditions as regards the implementation of the measures referred to in Article 166.]

2. By way of derogation from paragraph 1, as regards the milk and the milk product sector, the [F566 Secretary of State may make regulations] laying down detailed rules necessary for:

(a) the implementation of the conditions for recognition of producer organisations and their associations and interbranch organisations set out in Articles 161 and 163;

(b) the notification referred to in point (f) of Article 149(2);

F567 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the procedures relating to administrative assistance in the case of transnational cooperation.

F568 ...

Textual Amendments

F561 Words in Art. 174(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F562 Words in Art. 174(1)(c) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F563 Art. 174(1)(g) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F564 Words in Art. 174(1) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F565 Words in Art. 174(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(9); 2020 c. 1, Sch. 5 para. 1(1)

F566 Words in Art. 174(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F567 Art. 174(2)(c) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F568 Words in Art. 174(2) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(11)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F569 Article 175 U.K. Other implementing powers

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

Textual Amendments

F569 Art. 175 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 56; 2020 c. 1, Sch. 5 para. 1(1)

PART III U.K. TRADE WITH THIRD COUNTRIES

CHAPTER I U.K. Import and export licences

Article 176 U.K. General rules

1. Without prejudice to cases where import or export licences are required in accordance with this Regulation, the import for release into free circulation into, or the export of one or more products of the following sectors from, the [F570 United Kingdom] may be made subject to the presentation of a licence:

(a) cereals;

(b) rice;

(c) sugar;

(d) seeds;

(e) olive oil and table olives, with regard to products falling within CN codes 1509, 1510 00, 0709 92 90, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39;

(f) flax and hemp, as far as hemp is concerned;

(g) fruit and vegetables;

(h) processed fruit and vegetables;

(i) bananas;

(j) wine;

(k) live plants;

(l) beef and veal;

(m) milk and milk products;

(n) pigmeat;

(o) sheepmeat and goatmeat;

(p) eggs;

(q) poultrymeat;

(r) ethyl alcohol of agricultural origin.

[F571 2. Without prejudice to the application of Articles 177, 178 and 179 of this Regulation, the Secretary of State must issue licences to any applicant established in the United Kingdom.]

3. Licences shall be valid throughout the [F572 United Kingdom].

Textual Amendments

F570 Words in Art. 176(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 25(a); 2020 c. 1, Sch. 5 para. 1(1)

F571 Art. 176(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 25(b); 2020 c. 1, Sch. 5 para. 1(1)

F572 Words in Art. 176(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 25(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 177 U.K. Delegated powers

1. In order to take into account the international obligations of the [F573 United Kingdom] and the applicable F574 ... social, environmental and animal welfare standards, the need to monitor the evolution of trade and market developments, of imports and exports of products, the need for sound market management and the need to reduce the administrative burden, the [F575 Secretary of State may make regulations] determining:

(a) the list of the products of the sectors referred to in Article 176(1) subject to the presentation of an import or export licence;

(b) the cases and situations where the presentation of an import or export licence is not required, taking account of the customs status of the products concerned, the trade arrangements to be respected, the purposes of operations, the legal status of the applicant and the quantities involved.

2. In order to provide further elements of the licence system, the [F576 Secretary of State may make regulations] laying down rules on:

(a) the rights and obligations deriving from the licence, its legal effects, and the cases where a tolerance applies as regards compliance with the obligation to import or export the quantity mentioned in the licence or where the origin is to be indicated in the licence;

(b) the issue of an import licence or the release into free circulation being subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products;

(c) the transfer of the licence or restrictions on its transferability;

(d) additional conditions for import licences for hemp in accordance with Article 189 F577 ...;

(e) the cases and situations where the lodging of a security guaranteeing that the products are imported or exported within the period of validity of the licence is or is not required.

Textual Amendments

F573 Words in Art. 177(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F574 Word in Art. 177(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F575 Words in Art. 177(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F576 Words in Art. 177(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F577 Words in Art. 177(2)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 178 U.K. Implementing powers in accordance with the examination procedure

The [F578 Secretary of State may make regulations] laying down the measures necessary for the application of this Chapter, including rules on:

(a)

the format and content of the licence;

(b)

the submission of applications and the issuing of licences and their use;

(c)

the period of validity of the licence,

(d)

the procedures for, and the amount of, a security to be lodged;

(e)

the proof that the requirements for the use of licences have been fulfilled;

(f)

the level of the tolerance as regards the respect of the obligation to import or export the quantity mentioned in the licence;

(g)

the issue of replacement licences and duplicate licences;

(h)

F579 ...

F580 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F578 Words in Art. 178 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F579 Words in Art. 178(h) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F580 Words in Art. 178 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 179 U.K. Other implementing powers

The [F581 Secretary of State may make regulations]:

(a)

limiting the quantities for which licences may be issued;

(b)

rejecting the quantities applied for;

(c)

suspending the submission of applications in order to manage the market where large quantities are applied for.

F582 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F581 Words in Art. 179 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F582 Words in Art. 179 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F583 Article 179A U.K. Regulations

1. The Secretary of State may not make regulations under Articles 177, 178 or 179 without the consent of:

(a) where the subject matter is within devolved competence in relation to Wales, the Welsh Ministers;

(b) where the subject matter is within devolved competence in relation to Scotland, the Scottish Ministers;

(c) where the subject matter is within devolved competence in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

2 Where any of the parties mentioned in paragraph 1(a) to (c) requests that the Secretary of State make regulation under Articles 177, 178 or 179, the Secretary of State must have regard to that request where the subject matter of the requested regulations is within devolved competence in relation to the relevant constituent nation.]

Textual Amendments

F583 Art. 179A inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(13); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Import duties

Article 180 U.K. Implementation of international agreements and certain other acts

The Commission shall adopt implementing acts laying down measures to comply with requirements laid down in international agreements which have been concluded in accordance with the TFEU or in any other relevant act adopted in accordance with Article 43(2) or Article 207 TFEU or the Common Customs Tariff as regards the calculation of import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 181 U.K. Entry price system for certain products of the fruit and vegetables, processed fruit and vegetables and wine sectors

[X1 1. For the application of the Common Customs Tariff duty rate for products of the fruit and vegetables and processed fruit and vegetables sectors and for grape juice and musts, the entry price of a consignment shall be equal to its customs value calculated in accordance with Council Regulation (EEC) No 2913/92(26) (the Customs Code) and Commission Regulation (EEC) No 2454/93(27).]

2. In order to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to provide that the veracity of the declared entry price of a consignment is to be checked using a flat-rate import value, and to provide the conditions under which the lodging of a security is required.

3. The Commission shall adopt implementing acts establishing rules for the calculation of the flat-rate import value referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

Article 182 U.K. Additional import duties

1. The Commission may adopt implementing acts determining the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:

(a) the imports are made at a price below the level notified by the Union to the WTO (the trigger price); or

(b) the volume of imports in any year exceeds a certain level (the trigger volume).

The trigger volume shall be based on market access opportunities defined as imports expressed as a percentage of the corresponding domestic consumption during the three previous years.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective.

3. For the purposes of point (a) of the first subparagraph of paragraph 1, import prices shall be determined on the basis of the c.i.f. import prices of the consignment under consideration. C.i.f. import prices shall be checked against the representative prices for the product on the world market or on the Union import market for that product.

4. The Commission may adopt implementing acts laying down the measures necessary for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 183 U.K. Other implementing powers

The Commission may adopt implementing acts:

(a)

fixing the level of the applied import duty in accordance with the rules set out in an international agreement concluded in accordance with the TFEU, in the Common Customs Tariff and in the implementing acts referred to in Article 180;

(b)

fixing the representative prices and trigger volumes for the purposes of applying additional import duties in the framework of the rules adopted pursuant to Article 182(1).

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

CHAPTER III U.K. Tariff quota management and special treatment of imports by third countries

Article 184 U.K. Tariff quotas

[F584 1. Tariff quotas for imports of United Kingdom agricultural products into another country, which are to be partly or fully administered by the United Kingdom, resulting from international agreements to which the United Kingdom is a party, may be opened or administered by the Secretary of State by means of regulations made pursuant to Article 186 or Article 187 of this Regulation.]

2. Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

(a) a method based on the chronological order of the submission of applications ("first come, first served" principle);

(b) a method of distribution in proportion to the quantities requested when the applications were submitted (the "simultaneous examination method");

(c) a method based on taking traditional trade patterns into account (the "traditional/newcomers method").

3. The method of administration adopted shall:

F585 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for export tariff quotas, permit the full use of the possibilities available under the quota concerned.

Textual Amendments

F584 Art. 184(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), 3(2)(a)

F585 Art. 184(3)(a) 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), 3(2)(b)

Article 185 U.K. Specific tariff quotas

In order to give effect to tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 227, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 186 U.K. Delegated powers

1. In order to ensure fair access for the quantities available and the equal treatment of operators within the tariff quota, the [F586 Secretary of State may make regulations]:

(a) determining the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota; the provisions concerned may require a minimum experience in trade with [F587 other] countries and assimilated territories, or in processing activity, expressed as a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

(b) establishing rules on the transfer of rights between operators and, where necessary, the limitations to such transfer within the management of the tariff quota;

(c) making participation in the tariff quota subject to the lodging of a security;

(d) providing, where necessary, for any particular specific characteristics, requirements or restrictions applicable to the tariff quota as set out in the international agreement or other act referred to in Article 184(1).

2. In order to ensure that exported products may benefit from a special treatment on importation into [F588 another] country under certain conditions, pursuant to international agreements [F589 to which the United Kingdom is a party, the Secretary of State may make regulations laying down the circumstances in which the competent authority is required] to issue, on request and after appropriate checks, a document certifying that the conditions are met for products that, if exported, may benefit from a special treatment on importation into [F588 another] country if certain conditions are respected.

Textual Amendments

F586 Words in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F587 Word in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F588 Word in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F589 Words in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 187 U.K. Implementing powers in accordance with the examination procedure

The [F590 Secretary of State may make regulations] laying down:

(a)

the annual tariff quotas, if necessary suitably phased over the year, and the method of administration to be used;

(b)

procedures for the application of the specific provisions laid down in the agreement or act adopting the F591 ... export regime, in particular, on:

(i)

guarantees covering the nature, provenance and origin of the product;

(ii)

recognition of the document used for verifying the guarantees referred to in point (i);

(iii)

F592 ...

(iv)

destination and use of the products;

(c)

the period of validity of the licences or of the authorisations;

(d)

the procedures for, and the amount of, the security to be lodged;

(e)

F593 ...

(f)

F594 ...

(g)

necessary measures concerning the content, form, issue and use of the document referred to in Article 186(2).

F595 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F590 Words in Art. 187 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F591 Words in Art. 187(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F592 Art. 187(b)(iii) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F593 Art. 187(e) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F594 Art. 187(f) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F595 Words in Art. 187 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(d); 2020 c. 1, Sch. 5 para. 1(1)

[F154 Article 188 U.K. Allocation process for tariff quotas

1. The [F596 Secretary of State] shall make public, via an appropriate web-publication, the results of tariff quota allocation for the applications notified taking into account the tariff quotas available and the applications notified.

2. The publication referred to in paragraph 1 shall also make reference, when appropriate, to the need of rejecting pending applications, suspending the submission of applications or allocating unused quantities.

3. [F597 The Secretary of State] shall issue F598 ... export licences for the quantities applied for within the F599 ... export tariff quotas, subject to the respective allocation coefficients and after they are made public by the [F600 Secretary of State] in accordance with paragraph 1.]

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F596 Words in Art. 188(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(a); 2020 c. 1, Sch. 5 para. 1(1)

F597 Words in Art. 188(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F598 Words in Art. 188(3) 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), 3(3)(a)

F599 Words in Art. 188(3) 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), 3(3)(b)

F600 Words in Art. 188(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 26(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. Special import provisions for certain products

Article 189 U.K. Imports of hemp

1. The following products may be imported into the [F601 United Kingdom] only if the following conditions are met:

(a) raw true hemp falling within CN code 5302 10 00 meeting [F602 the conditions laid down in Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013] [F602 the conditions laid down in Article 32(6) of Regulation (EU) No 1307/2013 as that Article applied in relation to England immediately before the end of 2023]

(b) seeds of varieties of hemp falling within CN code ex 1207 99 20 for sowing accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed that [F603 fixed in accordance with Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013] [F603 fixed in accordance with Article 32(6) of Regulation (EU) No 1307/2013 as that Article applied in relation to England immediately before the end of 2023];

(c) hemp seeds other than for sowing, falling within CN code 1207 99 91 and imported only by importers authorised by the [F604 licence issuing authority in accordance with Commission Implementing Regulation (EU) No 2016/1239] in order to ensure that such seeds are not intended for sowing.

2. This Article shall apply without prejudice to more restrictive rules adopted by [F605 the United Kingdom] in compliance with F606 ... the obligations under the WTO Agreement on Agriculture.

Textual Amendments

F601 Words in Art. 189(1) substituted (31.12.2020) 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)(a), 4(7)(a)(i)

F602 Words in Art. 189(1)(a) substituted (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 3(a)

F603 Words in Art. 189(1)(b) substituted (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 3(b)

F604 Words in Art. 189(1)(c) substituted (31.12.2020) 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)(a), 4(7)(a)(ii)

F605 Words in Art. 189(2) substituted (31.12.2020) 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)(a), 4(7)(b)(i)

F606 Words in Art. 189(2) omitted (31.12.2020) 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)(a), 4(7)(b)(ii)

Article 190 U.K. Imports of hops

1. Products of the hops sector may be imported from [F607 other] countries only if their quality standards are at least equivalent to those adopted for like products harvested within [F608 Great Britain] or made from such products.

2. Products shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 77.

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of those products is not lower than that of the hops from which they have been prepared.

[F609 Products of the hops sector imported from the European Union before [F610 1 February 2025] shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013 as it has effect in EU law, as amended from time to time, provided that the Secretary of State has not published a statement under Article 77(4) in respect of those products.]

3. In order to minimise the administrative burden, the [F611 Secretary of State may make regulations] setting the conditions under which obligations related to an attestation of equivalence and the labelling of packaging are not to apply.

4. The [F612 Secretary of State may make regulations setting out] the measures necessary for the application of this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops. F613 ...

Textual Amendments

F607 Word in Art. 190(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 57(a); 2020 c. 1, Sch. 5 para. 1(1)

F608 Words in Art. 190(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 57(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(21)); 2020 c. 1, Sch. 5 para. 1(1)

F609 Words in Art. 190(2) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 27 (as amended by S.I. 2020/1452, reg. 6(4)); 2020 c. 1, Sch. 5 para. 1(1)

F610 Words in Art. 190(2) substituted (E.W.S.) (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 6(3)

F611 Words in Art. 190(3) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F612 Words in Art. 190(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F613 Words in Art. 190(4) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 191 U.K. Derogations for imported products and special security in the wine sector

[F614 The Secretary of State may, pursuant to international obligations, make regulations setting out derogations from point 5 of Section B [F615 or from Section C] of Part 2 of Annex VIII for products imported into Great Britain.]

In the case of derogations from point 5 of Section B of Part II of Annex VIII, importers shall lodge a security for those products with the designated customs authorities at the time of release into free circulation. The security shall be released on the presentation of proof by the importer, to the satisfaction of the customs authorities of the F616 ..., that:

(a)

the products have not benefited from the derogations; or,

(b)

if they have benefited from the derogations, the products have not been vinified, or if they have been vinified, the resulting products have been appropriately labelled.

The [F617 Secretary of State may make regulations] laying down rules to ensure the uniform application of this Article, including on the amounts of the security and appropriate labelling. F618 ...

Textual Amendments

F614 Words in Art. 191 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), 3(17)(a)

F615 Words in Art. 191 omitted (E.) (1.1.2024) by virtue of The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 2 para. 2 (with reg. 2(3))

F616 Words in Art. 191 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), 3(17)(b)

F617 Words in Art. 191 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), 3(17)(c)(i)

F618 Words in Art. 191 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), 3(17)(c)(ii)

F619 Article 192 U.K. Imports of raw sugar for refining

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

Textual Amendments

F619 Art. 192 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 58; 2020 c. 1, Sch. 5 para. 1(1)

F620 Article 193 U.K. Suspension of import duties in the sugar sector

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

Textual Amendments

F620 Art. 193 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 58; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. Safeguard and inward processing

Article 194 U.K. Safeguard measures

1. Safeguard measures against imports into the Union shall be taken by the Commission, subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) No 260/2009(28) and (EC) No 625/2009(29).

2. Save as otherwise provided for in any other act of the European Parliament and the Council and any other act of the Council, safeguard measures against imports into the Union provided for in international agreements concluded in accordance with the TFEU shall be taken by the Commission in accordance with paragraph 3 of this Article.

3. The Commission may adopt implementing acts establishing the measures referred to in paragraphs 1 and 2 of this Article at the request of a Member State or on its own initiative. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

4. The Commission may adopt implementing acts revoking or amending Union safeguard measures adopted pursuant to paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

Article 195 U.K. Suspension of processing and inward processing arrangements

Where the Union market is disturbed or is liable to be disturbed by processing or inward processing arrangements, the Commission may adopt implementing acts, at the request of a Member State or on its own initiative, fully or partially suspending the use of processing or inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

CHAPTER VI U.K. Export refunds

Article 196 U.K. Scope

1. To the extent necessary to enable exports on the basis of world market quotations or prices when conditions on the internal market are such as those described in Article 219(1) or Article 221 and within the limits resulting from international agreements [F621 to which the United Kingdom is a party], the difference between those quotations or prices and prices in the [F622 United Kingdom] may be covered by export refunds for:

(a) the products of the following sectors to be exported without further processing:

(i)

cereals;

(ii)

rice;

(iii)

sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I;

(iv)

beef and veal;

(v)

milk and milk products;

(vi)

pigmeat;

(vii)

eggs;

(viii)

poultrymeat;

(b) the products listed in points (i) to (iii), (v) and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with [F623 Regulation (EU) No 510/2014], and in the form of the products containing sugar listed in point (b) of Part X of Annex I to this Regulation.

2. Export refunds on products exported in the form of processed goods shall not be higher than those applicable to the same products exported without further processing.

3. Without prejudice to the application of Article 219(1) and Article 221, the refund available for the products referred to in paragraph 1 of this Article shall be EUR 0.

Textual Amendments

F621 Words in Art. 196(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 59(a); 2020 c. 1, Sch. 5 para. 1(1)

F622 Words in Art. 196(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 59(b); 2020 c. 1, Sch. 5 para. 1(1)

F623 Words in Art. 196(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 59(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 197 U.K. Export refund distribution

The method of allocation for quantities which may be exported with an export refund shall be the one that:

(a) is most suited to the nature of the product and the situation on the relevant market, allowing the most efficient use of the resources available, taking into account the efficiency and structure of [F624 United Kingdom] exports and their impact on the market balance without creating discrimination between the operators concerned, and in particular between large and small operators;

(b) is least cumbersome administratively for operators, taking into account the administrative requirements.

Textual Amendments

F624 Words in Art. 197(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 60; 2020 c. 1, Sch. 5 para. 1(1)

Article 198 U.K. Export refund fixation

1. The same export refunds shall apply to the same products in the whole [F625 of the United Kingdom]. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from international agreements [F626 to which the United Kingdom is a party] make this necessary.

2. Measures on the fixing of refunds shall be taken by the [F627 Secretary of State] in accordance with [F628 Articles 13 and 14 of 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].

Textual Amendments

F625 Words in Art. 198(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 61(a); 2020 c. 1, Sch. 5 para. 1(1)

F626 Words in Art. 198(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 61(b); 2020 c. 1, Sch. 5 para. 1(1)

F627 Words in Art. 198(2) substituted (31.12.2020) 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)(a), 4(8)(a)

F628 Words in Art. 198(2) substituted (31.12.2020) 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)(a), 4(8)(b)

Article 199 U.K. Granting of export refund

1. Refunds on products listed in point (a) of Article 196(1) exported as such without further processing shall only be granted on application and on presentation of an export licence.

2. The refund applicable to products listed in point (a) of Article 196(1) shall be the refund applicable on the day of application for the licence or the refund resulting from the tendering procedure concerned and, in the case of a differentiated refund, the refund applicable on the same day:

(a) for the destination indicated on the licence; or

(b) for the actual destination if it differs from the destination indicated on the licence, in which case the amount applicable shall not exceed the amount applicable to the destination indicated on the licence.

3. The refund shall be paid upon submission of proof that:

[F629 (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;]

(b) in the case of a differentiated refund, the products have been imported into the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to point (b) of paragraph 2.

Textual Amendments

F629 Art. 199(3)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 62; 2020 c. 1, Sch. 5 para. 1(1)

Article 200 U.K. Export refunds for live animals in the beef and veal sector

With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in [F630 retained EU] law, and in particular with those for the protection of animals during transport.

Textual Amendments

F630 Words in Art. 200 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 63; 2020 c. 1, Sch. 5 para. 1(1)

Article 201 U.K. Export limits

The volume commitments resulting from the international agreements [F631 to which the United Kingdom is a party] shall be respected on the basis of export licences issued for the reference periods applying to the products concerned.

With regard to compliance with the obligations under the WTO Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.

Textual Amendments

F631 Words in Art. 201 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 64; 2020 c. 1, Sch. 5 para. 1(1)

Article 202 U.K. Delegated powers

1. In order to ensure the proper functioning of the export refund system, the [F632 Secretary of State may make regulations] laying down the requirement to lodge a security guaranteeing the fulfilment of the operators' obligations.

2. In order to minimise the administrative burden for operators and authorities, the [F633 Secretary of State may make regulations] setting thresholds below which the obligation to issue or present an export licence may not be required, designating destinations or operations where an exemption for the obligation to present an export licence may be justified and permitting export licences to be granted ex-post in justified situations.

3. In order to address practical situations justifying the full or partial eligibility for export refunds and to help operators bridge the period between the application and the final payment of the export refund, the [F634 Secretary of State may make regulations setting out] concerning rules on:

(a) another date for the refund;

(b) advance payment of export refunds, including the conditions for the lodging and release of a security;

(c) additional proof where doubts exist as to the real destination of products, and the opportunity for re-importation into the [F635 United Kingdom];

(d) destinations treated as exports from the [F636 United Kingdom], and the inclusion of destinations within the [F637 United Kingdom] eligible for export refunds.

4. In order to ensure the equal access of exporters of products listed in Annex I to the Treaties and of products processed therefrom to export refunds, the [F638 Secretary of State may make regulations] on the application of Article 199(1) and (2) to products referred to in point (b) of Article 196(1).

5. In order to ensure that products benefiting from export refunds are exported from the [F639 United Kingdom], and to avoid their return to [F640 the United Kingdom] and to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the [F641 Secretary of State may make regulations] concerning rules on:

(a) the time limit by which the exit from the [F639 United Kingdom] must be finalised, including the time for temporary re-entry;

(b) the processing that products benefiting from export refunds may undergo during that period;

(c) the proof of having reached a destination in order to be eligible for differentiated refunds;

(d) the refund thresholds and conditions under which exporters may be exempted from such proof;

(e) conditions for approval of proof, provided by independent third parties, of reaching a destination where differentiated refunds apply.

6. In order to encourage exporters to respect animal welfare conditions, and in order to enable the competent authorities to verify correct expenditure of export refunds where that is conditional on respect for animal welfare requirements, the [F642 Secretary of State may make regulations] on the respect of animal welfare requirements outside the [F643 United Kingdom], including the use of independent third parties.

7. In order to take into account the specific characteristics of the different sectors, the [F644 Secretary of State may make regulations] establishing specific requirements and conditions for operators and for the products eligible for an export refund, and coefficients for the purposes of calculating export refunds taking into account the ageing process of certain spirit drinks obtained from cereals.

Textual Amendments

F632 Words in Art. 202(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(a) (as amended by S.I. 2020/1445, reg. 17); 2020 c. 1, Sch. 5 para. 1(1)

F633 Words in Art. 202(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

F634 Words in Art. 202(3) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F635 Words in Art. 202(3)(c) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F636 Words in Art. 202(3)(d) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F637 Words in Art. 202(3)(d) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F638 Words in Art. 202(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(d); 2020 c. 1, Sch. 5 para. 1(1)

F639 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F640 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F641 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F642 Words in Art. 202(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F643 Words in Art. 202(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F644 Words in Art. 202(7) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(g); 2020 c. 1, Sch. 5 para. 1(1)

Article 203 U.K. Implementing powers in accordance with the examination procedure

The [F645 Secretary of State may make regulations setting out] the measures necessary for the application of this Chapter, in particular on:

(a)

the redistribution of exportable quantities which have not been allocated or utilised;

(b)

the method for recalculation of the payment of the export refund when the product code or destination mentioned in a licence is not in conformity with the actual product or destination;

(c)

products referred to in point (b) of Article 196(1);

(d)

the procedures for, and the amount of, the security to be lodged;

(e)

the application of measures adopted pursuant to Article 202(4).

F646 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F645 Words in Art. 203 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F646 Words in Art. 203 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 204 U.K. Other implementing powers

The [F647 Secretary of State may make regulations]:

(a)

[F648 setting out] appropriate measures to prevent abuse of the flexibility provided for in Article 199(2), in particular concerning the procedure for submitting applications;

(b)

[F649 setting out] the measures necessary to respect the volume commitments referred to in Article 201, including ceasing or limiting the issue of export licences when such commitments are or can be exceeded;

(c)

fixing coefficients which apply to the export refunds in accordance with the rules adopted pursuant to Article 202(7).

F650 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F647 Words in Art. 204 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F648 Words in Art. 204(a) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F649 Words in Art. 204(b) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

F650 Words in Art. 204 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VII U.K. Outward processing

Article 205 U.K. Suspension of outward processing arrangements

Where the Union market is disturbed or could be disturbed by outward processing arrangements, the Commission may adopt implementing acts, on a request from a Member State or on its own initiative, fully or partially suspending the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

PART IV U.K. COMPETITION RULES

CHAPTER I U.K. Rules applying to undertakings

Article 206 U.K. F651 ... The application of competition rules to agriculture

[F652 Save as otherwise provided in this Regulation and subject, in particular, to Articles 207 to 210 of this Regulation, the Competition Act 1998 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.]

F653 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F653 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F651 Words in Art. 206 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 65(a); 2020 c. 1, Sch. 5 para. 1(1)

F652 Words in Art. 206 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 65(b); 2020 c. 1, Sch. 5 para. 1(1)

F653 Words in Art. 206 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 65(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 207 U.K. Relevant market

The definition of the relevant market is a tool to identify and define the boundaries of competition between undertakings, and shall be founded on two cumulative elements:

(a)

the relevant product market: for the purposes of this Chapter, "product market" means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use;

(b)

the relevant geographic market: for the purposes of this Chapter, "geographic market" means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.

Article 208 U.K. Dominant position

For the purposes of this Chapter, "dominant position" means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.

Article 209 U.K. Exceptions for the objectives [F654 set out in Article 39 TFEU] and farmers and their associations

1. [F655 Section 2(1) of the Competition Act 1998] shall not apply to the agreements, decisions and practices referred to in Article 206 of this Regulation necessary for the attainment of the objectives set out in Article 39 TFEU.

[F154 [F655 Section 2(1) of the Competition Act 1998] shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, unless the objectives set out in Article 39 TFEU are jeopardised.]

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

2. Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall not be prohibited, no prior decision to that effect being required.

[F458 However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the [F656 Competition and Markets Authority] on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.

The [F657 Competition and Markets Authority] shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The [F657 Competition and Markets Authority] may F658 ... change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.]

In any F659 ... proceedings for the application of [F660 section 2 of the Competition Act 1998], the burden of proving an infringement of [F661 section 2(1) of the Competition Act 1998] shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F458 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F654 Words in Art. 209 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(a); 2020 c. 1, Sch. 5 para. 1(1)

F655 Words in Art. 209(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(b); 2020 c. 1, Sch. 5 para. 1(1)

F656 Words in Art. 209(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F657 Words in Art. 209(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F658 Words in Art. 209(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F659 Words in Art. 209(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F660 Words in Art. 209(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F661 Words in Art. 209(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

Article 210 U.K. Agreements and concerted practices of recognised interbranch organisations

1. [F662 Section 2(1) of the Competition Act 1998] shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation with the object of carrying out the activities listed in point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.

2. Paragraph 1 shall apply provided that:

(a) the agreements, decisions and concerted practices referred to therein have been notified to the [F663 Competition and Markets Authority]; and

(b) within two months of receipt of all the details required the [F664 Competition and Markets Authority] has not found that those agreements, decisions or concerted practices are incompatible with [F665 any applicable legislation].

Where the [F666 Competition and Markets Authority] finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with [F667 any applicable legislation], it shall set out its finding F668 ....

3. The agreements, decisions and concerted practices referred to in paragraph 1 may not be put into effect before the lapse of the two-month period referred to in point (b) of the first subparagraph of paragraph 2.

4. Agreements, decisions and concerted practices shall in any case be declared incompatible with [F669 any applicable legislation] if they:

(a) may lead to the partitioning of markets within the [F670 United Kingdom] in any form;

(b) may affect the sound operation of the market organisation;

(c) may create distortions of competition which are not essential to achieving the objectives [F671 set out in Article 39 TFEU which are] pursued by the interbranch organisation activity;

(d) entail the fixing of prices or the fixing of quotas;

(e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

5. If, following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2, the [F672 Competition and Markets Authority] finds that the conditions for applying paragraph 1 have not been met, it shallF673 ... take a decision declaring that [F674 section 2(1) of the Competition Act 1998] applies to the agreement, decision or concerted practice in question.

[F675 That decision of the Competition and Markets Authority] shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the [F676 Competition and Markets Authority] mayF677 ... issue a finding of incompatibility at any time.

F678 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F662 Words in Art. 210(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(a); 2020 c. 1, Sch. 5 para. 1(1)

F663 Words in Art. 210(2)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F664 Words in Art. 210(2)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F665 Words in Art. 210(2)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F666 Words in Art. 210(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F667 Words in Art. 210(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F668 Words in Art. 210(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F669 Words in Art. 210(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F670 Words in Art. 210(4)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F671 Words in Art. 210(4)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F672 Words in Art. 210(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F673 Words in Art. 210(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F674 Words in Art. 210(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(d)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F675 Words in Art. 210(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F676 Words in Art. 210(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F677 Words in Art. 210(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F678 Art. 210(7) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(f); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. State aid rules

F679 Article 211 U.K. Application of Articles 107 to 109 TFEU

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

Textual Amendments

F679 Art. 211 omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 6(2) (with Sch. 3)

F680 Article 212 U.K. National payments related to wine support programmes

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

Textual Amendments

F680 Arts. 212-214a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 69; 2020 c. 1, Sch. 5 para. 1(1)

F680 Article 213 U.K. National payments for reindeer in Finland and Sweden

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

Textual Amendments

F680 Arts. 212-214a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 69; 2020 c. 1, Sch. 5 para. 1(1)

F680 Article 214 U.K. National payments for the sugar sector in Finland

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

Textual Amendments

F680 Arts. 212-214a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 69; 2020 c. 1, Sch. 5 para. 1(1)

F680 Article 214a U.K. National payments for certain sectors in Finland

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

Textual Amendments

F680 Arts. 212-214a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 69; 2020 c. 1, Sch. 5 para. 1(1)

Article 215 U.K. F681 ... Payments for apiculture

[F682 The relevant authority] may make F683 ... payments for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade.

Textual Amendments

F681 Word in Art. 215 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 70(a); 2020 c. 1, Sch. 5 para. 1(1)

F682 Words in Art. 215 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 70(b); 2020 c. 1, Sch. 5 para. 1(1)

F683 Word in Art. 215 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 70(c); 2020 c. 1, Sch. 5 para. 1(1)

F684 Article 216 U.K. National payments for distillation of wine in cases of crisis

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

Textual Amendments

F684 Art. 216 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 71; 2020 c. 1, Sch. 5 para. 1(1)

[F105 Article 217 U.K. F685 ... Payments for the distribution of products to children

[F686 The relevant authority] may make F687 ... payments for supplying to children in educational establishments the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1).

[F686 The relevant authority] may finance those payments by means of a levy on the sector concerned or by means of any other contribution from the private sector.]

Textual Amendments

F105 Substituted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.

F685 Word in Art. 217 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 72(a); 2020 c. 1, Sch. 5 para. 1(1)

F686 Words in Art. 217 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 72(b); 2020 c. 1, Sch. 5 para. 1(1)

F687 Word in Art. 217 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 72(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 218 U.K. F688 ... Payments for nuts

1. [F689 The relevant authority] may make F690 ... payments, up to a maximum of EUR 120,75 per hectare per year, to farmers producing the following products:

(a) almonds falling within CN codes 0802 11 and 0802 12;

(b) hazelnuts or filberts falling within CN codes 0802 21 and 0802 22;

(c) walnuts falling within CN codes 0802 31 00 and 0802 32 00;

(d) pistachios falling within CN codes 0802 51 00 and 0802 52 00;

(e) locust beans falling within CN code 1212 92 00.

[F691 2. The relevant authorities between them may not make payments under paragraph 1 in respect of more than 100 hectares per year.]

3. [F692 The relevant authority] may make the granting of F693 ... payments referred to in paragraph 1 conditional on farmers being members of a producer organisation recognised under Article 152.

Textual Amendments

F688 Word in Art. 218 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(a); 2020 c. 1, Sch. 5 para. 1(1)

F689 Words in Art. 218(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F690 Word in Art. 218(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F691 Art. 218(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(c); 2020 c. 1, Sch. 5 para. 1(1)

F692 Words in Art. 218(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F693 Word in Art. 218(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

PART V U.K. GENERAL PROVISIONS

CHAPTER I U.K. Exceptional measures

Section 1 U.K. Market disturbance

Article 219 U.K. Measures against market disturbance

[F694 A1. This Article does not apply in relation to agricultural producers in England.]

[F695 A2. This Article does not apply in relation to agricultural producers in Wales.]

1. In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or other events and circumstances significantly disturbing or threatening to disturb the market, where that situation, or its effects on the market, is likely to continue or deteriorate, the [F696 appropriate authority may make regulations] to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements F697 ... and provided that any other measures available under this Regulation appear to be insufficient.

F698 ...

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

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

[F699 However, the appropriate authority may make regulations applying the measures referred to in paragraph 1 to one or more of the products listed in Section 2 of Part XXIV of Annex I.]

[F700 3. The appropriate authority may make regulations laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article.]

Textual Amendments

F694 Art. 219(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F695 Art. 219(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F696 Words in Art. 219(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F697 Words in Art. 219(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F698 Words in Art. 219(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F699 Words in Art. 219(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(b); 2020 c. 1, Sch. 5 para. 1(1)

F700 Art. 219(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(c); 2020 c. 1, Sch. 5 para. 1(1)

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

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

[F701 A1. This Article does not apply in relation to agricultural producers in England.]

[F702 A2. This Article does not apply in relation to agricultural producers in Wales.]

1. The [F703 appropriate authority may make regulations] taking exceptional support measures for the affected market in order to take account of:

(a) restrictions on [F704 trade within the United Kingdom and international] trade which may result from the application of measures for combating the spread of diseases in animals; and

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

F705 ...

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

(a) beef and veal;

(b) milk and milk products;

(c) pigmeat;

(d) sheepmeat and goatmeat;

(e) eggs;

(f) poultrymeat.

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

The [F706 appropriate authority may make regulations], extending the list of products in the first two subparagraphs of this paragraph.

F707 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The measures provided for in point (a) of the first subparagraph of paragraph 1 may be taken only if [F708 health and veterinary measures have been taken] to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

F709 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F710 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F701 Art. 220(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F702 Art. 220(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F703 Words in Art. 220(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F704 Words in Art. 220(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F705 Words in Art. 220(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F706 Words in Art. 220(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(b); 2020 c. 1, Sch. 5 para. 1(1)

F707 Art. 220(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(c); 2020 c. 1, Sch. 5 para. 1(1)

F708 Words in Art. 220(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(d); 2020 c. 1, Sch. 5 para. 1(1)

F709 Art. 220(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(e); 2020 c. 1, Sch. 5 para. 1(1)

F710 Art. 220(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(e); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Specific problems

Article 221 U.K. Measures to resolve specific problems

[F711 A1. This Article does not apply in relation to agricultural producers in England.]

[F712 A2. This Article does not apply in relation to agricultural producers in Wales.]

1. The [F713 appropriate authority may make regulations] taking necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. F714 ...

2. [F715 The appropriate authority may make regulations to] resolve specific problems, and on duly justified imperative grounds of urgency, relating to situations likely to cause a rapid deterioration of production and market conditions which could be difficult to address if the adoption of measures were delayedF716 ....

3. The [F717 appropriate authority may make regulations] under paragraph 1 F718 ... only if it is not possible to adopt the required emergency measures in accordance with Article 219 or 220.

[F719 4. Regulations made under paragraph 1 or 2 may remain in force for a period not exceeding 12 months.

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

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

F720 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F711 Art. 221(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F712 Art. 221(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F713 Words in Art. 221(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F714 Words in Art. 221(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F715 Words in Art. 221(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F716 Words in Art. 221(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F717 Words in Art. 221(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F718 Words in Art. 221(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F719 Art. 221(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(d); 2020 c. 1, Sch. 5 para. 1(1)

F720 Art. 221(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(e); 2020 c. 1, Sch. 5 para. 1(1)

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

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

[F721 A1. This Article does not apply in relation to agricultural producers in England.]

[F722 A2. This Article does not apply in relation to agricultural producers in Wales.]

[F154 1. During periods of severe imbalance in markets, the [F723 Secretary of State may make regulations to the effect that section 2 of the Competition Act 1998] is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of [F724 trade within the United Kingdom], strictly aim to stabilise the sector concerned and fall under one or more of the following categories:]

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

(b) transformation and processing;

(c) storage by private operators;

(d) joint promotion measures;

(e) agreements on quality requirements;

(f) joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the [F725 United Kingdom] or of inputs necessary to address the effects of natural disasters in the [F725 United Kingdom];

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

[F726 Regulations made under this paragraph must specify the substantive and geographic scope of the derogation and the period for which the derogation applies.]

F487 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

However, the [F727 Secretary of State may make regulations] authorising such agreements and decisions for a further period of up to six-months. F728 ...

Textual Amendments

F154 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F487 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F721 Art. 222(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F722 Art. 222(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F723 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F724 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F725 Words in Art. 222(1)(f) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F726 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F727 Words in Art. 222(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F728 Words in Art. 222(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Communications and reporting

Article 223 U.K. Communication requirements

1. For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of [F729 agricultural support] measures, checking, controlling, monitoring, evaluating and auditing [F729 agricultural support] measures, and complying with the requirements laid down in international agreements F730 ..., including notification requirements under those agreements, the [F731 appropriate authority may make regulations adopting] the necessary measures regarding communications to be made by undertakings F732 ... and third countries. In so doing, it shall take into account the data needs and synergies between potential data sources.

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

2. In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the [F733 appropriate authority may make regulations] laying down:

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

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

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

(d) the conditions of publication of the information.

3. [F734 Any regulations made by the appropriate authority under this Article must include provisions] laying down the measures necessary for the application of this Article, including:

(a) the methods of notification;

(b) rules on the information to be notified;

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

(d) the arrangements for transmitting or making information and documents available to F735 ... international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets.

F736 ...

Textual Amendments

F729 Words in Art. 223(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F730 Words in Art. 223(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F731 Words in Art. 223(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F732 Words in Art. 223(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F733 Words in Art. 223(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F734 Words in Art. 223(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F735 Words in Art. 223(3)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F736 Words in Art. 223(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(14)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

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

[F737 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.]

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

3. Personal data shall be processed in accordance with [F738 Regulation (EU) 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account [F739 any statutory minimum retention periods].

4. [F740 The relevant authority] shall inform the data subjects that their personal data may be processed [F741 by United Kingdom bodies and bodies in the constituent nation] in accordance with paragraph 1 and that in this respect they enjoy the rights set out in, respectively, [F742 Regulation (EU) 2016/679 and the Data Protection Act 2018] .

Textual Amendments

F737 Art. 224(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 74(a); 2020 c. 1, Sch. 5 para. 1(1)

F738 Words in Art. 224(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 74(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F739 Words in Art. 224(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 74(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F740 Words in Art. 224(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 74(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F741 Words in Art. 224(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 74(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F742 Words in Art. 224(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 74(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 225 U.K. Reporting obligation of the [F743 appropriate authority]

The [F744 appropriate authority shall publish a report]:

(a)

every three years [F745 on] the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

(b)

F746 ...

(c)

F746 ...

(d)

F746 ...

(e)

[F747 by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

(f)

F748 ...]

Textual Amendments

F743 Words in Art. 225 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 75(a); 2020 c. 1, Sch. 5 para. 1(1)

F744 Words in Art. 225 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 75(b); 2020 c. 1, Sch. 5 para. 1(1)

F745 Word in Art. 225(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 75(c); 2020 c. 1, Sch. 5 para. 1(1)

F746 Art. 225(b)(c)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 75(d); 2020 c. 1, Sch. 5 para. 1(1)

F747 Inserted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.

F748 Art. 225(f) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 75(d); 2020 c. 1, Sch. 5 para. 1(1)

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

F749 Article 226 U.K. Use of the Reserve

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

Textual Amendments

F749 Art. 226 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 76; 2020 c. 1, Sch. 5 para. 1(1)

PART VI U.K. [F750 REGULATIONS], TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I U.K. [F751 Regulations]

[F752 Article 227 U.K. Regulations

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3. Any power of the Department of Agriculture, Environment and Rural Affairs or Department of Health to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4. Regulations under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

Textual Amendments

F752 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 228 U.K. Regulations: the Secretary of State

1. Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2. A statutory instrument containing regulations made by the Secretary of State under Article 102d(4) or Article 221(1) or (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

3. A statutory instrument containing regulations made by the Secretary of State under Article 219, 220(1) or (2) or 221(2)must be laid before each House of Parliament after being made.

4. Regulations made by the Secretary of State under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which Parliament is:

(a) dissolved or prorogued, or

(b) during which either House of Parliament is adjourned for more than 4 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

7. The Secretary of State may not make regulations under any of the provisions specified in paragraph 9 without the consent of the relevant authorities for Wales, Scotland and Northern Ireland.

8. Where any of the relevant authorities for Wales, Scotland or Northern Ireland requests the Secretary of State to make regulations under any of the provisions specified in paragraph 9, the Secretary of State must have regard to that request.

9. The specified provisions are:

[F753 (a) Article 80(4) and (5);]

(b) Article 83(4)(b);

(c) Article 147(3) and (4).

Textual Amendments

F752 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

F753 Art. 228(9)(a) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(7); and Art. 228(9)(a) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(7); and Art. 228(9)(a) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(10)

Article 228A U.K. Regulations: the Welsh Ministers

1. Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of National Assembly for Wales.

2. A statutory instrument containing regulations made by the Welsh Ministers under Article 221(1) or (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

3. A statutory instrument containing regulations made by the Welsh Ministers under Article 219, 220(1) or (2) or 221(2)must be laid before the National Assembly for Wales after being made.

4. Regulations made by the Welsh Ministers under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the National Assembly for Wales is:

(a) dissolved, or

(b) in recess for more than 4 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Textual Amendments

F752 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 229 U.K. Regulations: the Scottish Ministers

1. Except as specified in paragraphs 2 to 6, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.

2. Regulations made by the Scottish Ministers under Article 221(1) or (4) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

3. A statutory instrument containing regulations made by the Scottish Ministers under Article 219, 220(1) or (2) or 221(2)must be laid before the Scottish Parliament after being made.

4. Regulations made by the Scottish Ministers under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Scottish Parliament is:

(a) dissolved, or

(b) in recess for more than 4 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Textual Amendments

F752 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 229A U.K. Regulations: Northern Ireland

1. Except as specified in paragraphs 2 to 6, regulations made by the Department of Agriculture, Environment and Rural Affairs or the Department of Health under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

2. Regulations may not be made by either Department under Article 221(1) or (4) unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

3. Regulations made by either Department under Article 219, 220(1) or (2) or 221(2) must be laid before the Northern Ireland Assembly after being made.

4. Regulations made by either Department under any of the Articles specified in paragraph 3 cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a) dissolved,

(b) in recess for more than 4 days, or

(c) adjourned for more than 6 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F752 Arts. 227-229A substituted for Arts. 227-229 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 37 (as amended by S.I. 2020/1661, regs. 1(2)(b), 15(2)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F751 Pt. 6 Ch. 1 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 36; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Transitional and final provisions

Article 230 U.K. Repeals

1. Regulation (EC) No 1234/2007 is repealed.

However, the following provisions of Regulation (EC) No 1234/2007 shall continue to apply:

(a) as regards the system of milk production limitation: Section III of Chapter III of Title I of Part II, Article 55, Article 85 and Annexes IX and X, until 31 March 2015;

(b) as regards the wine sector:

(i)

Articles 85a to 85e as regards areas referred to in Article 85a(2) which have not yet been grubbed up and as regards areas referred to in Article 85b(1) which have not been regularised, until such areas are grubbed up or regularised, and Article 188a(1) and (2);

(ii)

the transitional planting right regime set out in Subsection II of Section IVa of Chapter III of Title I of Part II until 31 December 2015;

(iii)

Article 118m(5) until clearance of the stocks of wines with the denomination "Mlado vino portugizac" existing on 1 July 2013;

(iv)

Article 118s(5) until 30 June 2017;

[X2 (ba) Article 111 until 31 March 2015;]

[X1 (c) Article 113a(4), Articles 114, 115 and 116, [F754 and] Article 117(1) to (4) [F755 and point (e)(iv) of Article 121], as well as point IV of Part A, points I(2) and (3) and III(1) of Part B and Part C of Annex XIV, and points 1, 3, 5 and 6 of Part II and point 2 of Part IV of Annex XV for the purpose of applying those Articles, until the date of application of the corresponding marketing rules to be established [F756 under] Article 75(2), Article 76(4), Article 78(3) and (4), Article 79(1), Article 80(4), Article 83(4), Article 86, Article 87(2), Article 88(3) and Article 89 of this Regulation [F757 , and section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020];]

[X2 (ca) Article 125a(1)(e) and (2) and, in respect of the fruit and vegetables sector, Annex XVIa, until the date of application of the related rules to be established [F756 under] points (b) and (i) of Article 173(1);]

(d) Article 133a(1) and Article 140a until 30 September 2014;

[X2 (da) Articles 136, 138 and 140, as well as Annex XVIII for the purposes of applying those Articles, until the date of application of the rules to be established pursuant to the implementing acts provided for in Article 180 and in point (a) of Article 183 or until 30 June 2014, whichever is the earlier;]

(e) the first and second subparagraphs of Article 182(3) until the end of the 2013/2014 marketing year for sugar on 30 September 2014;

(f) Article 182(4) until 31 December 2017;

(g) Article 182(7) until 31 March 2014;

[X1 (h) Point 3 of Part III of Annex XV until 31 December 2015;]

(i) Annex XX until date of entry into force of legislative act replacing Regulation (EC) No 1216/2009 and Council Regulation (EC) No 614/2009(30).

2. References to Regulation (EC) No 1234/2007 shall be construed as references to this Regulation and to Regulation (EU) No 1306/2013 and be read in accordance with the correlation table set out in Annex XIV to this Regulation.

3. Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1601/96 and (EC) No 1037/2001 are repealed.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

X2 Inserted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F754 Word in Art. 230(1)(c) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(11)(a)

F755 Words in Art. 230(1)(c) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(11)(b)

F756 Word in Art. 230(1)(c)(ca) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(15); 2020 c. 1, Sch. 5 para. 1(1)

F757 Words in Art. 230(1)(c) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(11)(c)

F758 Article 231 U.K. Transitional rules

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

Textual Amendments

F758 Art. 231 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 77; 2020 c. 1, Sch. 5 para. 1(1)

F759 Article 232 U.K. Entry into force and application

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

Textual Amendments

F759 Art. 232 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 77; 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F750 Word in Pt. 6 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 35; 2020 c. 1, Sch. 5 para. 1(1)

F760 ...

Textual Amendments

F760 Words in Signature omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 78; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K. LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(2)

PART I U.K. Cereals

The cereals sector shall cover the products listed in the following table:

CN code		Description
(a)	0709 99 60	Sweetcorn, fresh or chilled
	0712 90 19	Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid for sowing
	1001 91 20	Common wheat and meslin seed
	ex 1001 99 00	Spelt, common wheat and meslin other than for sowing
	1002	Rye
	1003	Barley
	1004	Oats
	1005 10 90	Maize (corn) seed other than hybrid
	1005 90 00	Maize other than seed
	1007 10 90, 1007 90 00	Grain sorghum, other than hybrids for sowing
	1008	Buckwheat, millet and canary seed; other cereals
(b)	1001 11 00, 1001 19 00	Durum wheat
(c)	1101 00	Wheat or meslin flour
	1102 90 70	Rye flour
	1103 11	Groats and meal of wheat
	1107	Malt, whether or not roasted
(d)	0714	Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith
	ex 1102	Cereal flours other than of wheat or meslin:
	1102 20	– Maize (corn) flour
	1102 90	– Other:
	1102 90 10	– – Barley flour
	1102 90 30	– – Oat flour
	1102 90 90	– – Other
	ex 1103	Cereal groats, meal and pellets with the exception of groats and meal of wheat (subheading 1103 11), groats and meal of rice (subheading 1103 19 50) and pellets of rice (subheading 1103 20 50)
	ex 1104	Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006 and flaked rice of subheading 1104 19 91; germ of cereals, whole, rolled, flaked or ground
	1106 20	Flour, meal and powder of sago or of roots or tubers of heading 0714
	ex 1108	Starches; inulin:
		– Starches:
	1108 11 00	– – Wheat starch
	1108 12 00	– – Maize (corn) starch
	1108 13 00	– – Potato starch
	1108 14 00	– – Manioc (cassava) starch
	ex 1108 19	– – Other starches:
	1108 19 90	– – – Other
	1109 00 00	Wheat gluten, whether or not dried
	1702	Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:
	ex 1702 30	– Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose:
		– – Other:
	ex 1702 30 50	– – – In the form of white crystalline powder, whether or not agglomerated, containing in the dry state less than 99 % by weight of glucose
	ex 1702 30 90	– – – Other, containing in the dry state less than 99 % by weight of glucose
	ex 1702 40	– Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar:
	1702 40 90	– – Other
	ex 1702 90	– Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose:
	1702 90 50	– – Maltodextrine and maltodextrine syrup
		– – Caramel:
		– – – Other:
	1702 90 75	– – – – In the form of powder, whether or not agglomerated
	1702 90 79	– – – – Other
	2106	Food preparations not elsewhere specified or included:
	ex 2106 90	– Other
		– – Flavoured or coloured sugar syrups:
		– – – Other
	2106 90 55	– – – – Glucose syrup and maltodextrine syrup
	ex 2302	Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals
	ex 2303	Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets:
	2303 10	– Residues of starch manufacture and similar residues
	2303 30 00	– Brewing or distilling dregs and waste
	ex 2306	Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetables fats or oils, other than those of headings 2304 and 2305:
		– Other
	2306 90 05	– – Of maize (corn) germ
	ex 2308 00	Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included:
	2308 00 40	– Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes
	2309	Preparations of a kind used in animal feeding:
	ex 2309 10	– Dog or cat food, put up for retail sale:
	2309 10 11 2309 10 13 2309 10 31 2309 10 33 2309 10 51 2309 10 53	– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products
	ex 2309 90	– Other:
	2309 90 20	– – Products referred to in additional note 5 to chapter 23 of the Combined Nomenclature
		– – Other, including premixes:
	2309 90 31 2309 90 33 2309 90 41 2309 90 43 2309 90 51 2309 90 53	– – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products:
(1) For the purposes of this subheading 'milk products' means products falling within headings 0401 to 0406 as well as subheadings 1702 11 00, 1702 19 00 and 2106 90 51.

PART II U.K. Rice

The rice sector shall cover the products listed in the following table:

CN code		Description
(a)	1006 10 21 to 1006 10 98	Rice in the husk (paddy or rough), other than for sowing
	1006 20	Husked (brown) rice
	1006 30	Semi-milled or wholly milled rice, whether or not polished or glazed
(b)	1006 40 00	Broken rice
(c)	1102 90 50	Rice flour
	1103 19 50	Rice groats and meal
	1103 20 50	Pellets of rice
	1104 19 91	Flaked grains of rice
	ex 1104 19 99	Rolled grains of rice
	1108 19 10	Rice starch

PART III U.K. Sugar

The sugar sector shall cover the products listed in the following table:

CN code		Description
(a)	1212 91	Sugar beet
	1212 93 00	Sugar cane
(b)	1701	Cane or beet sugar and chemically pure sucrose, in solid form
(c)	1702 20	Maple sugar and maple syrup
	1702 60 95 and 1702 90 95	Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose
	1702 90 71	Caramel containing 50 % or more by weight of sucrose in the dry matter
	2106 90 59	Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups
(d)	1702 30 10 1702 40 10 1702 60 10 1702 90 30	Isoglucose
(e)	1702 60 80 1702 90 80	Inulin syrup
(f)	1703	Molasses resulting from the extraction or refining of sugar
(g)	2106 90 30	Flavoured or coloured isoglucose syrups
(h)	2303 20	Beet pulp, bagasse and other waste of sugar manufacture

PART IV U.K. Dried fodder

The dried fodder sector shall cover the products listed in the following table:

CN code		Description
(a)	ex 1214 10 00	– Meal and pellets of lucerne artificially heat-dried
		– Meal and pellets of lucerne otherwise dried and ground
	ex 1214 90 90	– Lucerne, sainfoin, clover, lupins, vetches and similar fodder products, artificially heat-dried, except hay and fodder kale and products containing hay
		– Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground
(b)	ex 2309 90 96	– Protein concentrates obtained from lucerne juice and grass juice
		– Dehydrated products obtained exclusively from solid residues and juice resulting from preparation of the abovementioned concentrates

PART V U.K. Seeds

The seeds sector shall cover the products listed in the following table

CN code	Description
0712 90 11	Sweetcorn hybrids:
	– for sowing
0713 10 10	Peas (Pisum sativum):
	– for sowing
ex 0713 20 00	Chickpeas (garbanzos):
	– for sowing
ex 0713 31 00	Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek:
	– for sowing
ex 0713 32 00	Small red (Adzuki) beans (Phaseolus or Vigna angularis):
	– for sowing
0713 33 10	Kidney beans, including white pea beans (Phaseolus vulgaris):
	– for sowing
ex 0713 34 00	Bambara beans (Vigna subterranea or Voandzeia subterranea):
ex 0713 35 00	– for sowing
ex 0713 39 00	Cow peas (Vigna unguiculta):
	– for sowing
	Other:
	– for sowing
ex 0713 40 00	Lentils:
	– for sowing
ex 0713 50 00	Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor):
ex 0713 60 00	– for sowing
	Pigeon peas (Cajanus cajan):
	– for sowing
ex 0713 90 00	Other dried leguminous vegetables:
	– for sowing
1001 91 10	Spelt:
	– seed
1001 91 90	Other
	– seed
ex 1005 10	Hybrid maize (corn) seed
1006 10 10	Rice in the husk (paddy or rough):
	– for sowing
1007 10 10	Grain sorghum hybrids:
	– seed
1201 10 00	Soya beans, whether or not broken:
	– seed
1202 30 00	Groundnuts, not roasted or otherwise cooked, whether or not shelled or broken:
	– seed
1204 00 10	Linseed, whether or not broken:
	– for sowing
1205 10 10 and	Rape or colza seeds, whether or not broken:
ex 1205 90 00	– for sowing
1206 00 10	Sunflower seeds, whether or not broken:
	– for sowing
ex 1207	Other oil seeds and oleaginous fruits, whether or not broken:
	– for sowing
1209	Seeds, fruit and spores, of a kind used for sowing

PART VI U.K. Hops

The hops sector shall cover the products listed in the following table

CN code	Description
1210	Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin
1302 13 00	Vegetable saps and extracts of hops

PART VII U.K. Olive oil and table olives

The olive oil and table olives sector shall cover the products listed in the following table:

CN code		Description
(a)	1509	Olive oil and its fractions, whether or not refined, but not chemically modified
	1510 00	Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509
(b)	0709 92 10	Olives, fresh or chilled, for uses other than the production of oil
	0709 92 90	Other olives, fresh or chilled
	0710 80 10	Olives (uncooked or cooked by steaming or boiling water), frozen
	0711 20	Olives provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption
	ex 0712 90 90	Olives dried, whole, cut, sliced, broken or in powder, but not further prepared
	2001 90 65	Olives prepared or preserved by vinegar or acetic acid
	ex 2004 90 30	Olives prepared or preserved otherwise than by vinegar or acetic acid, frozen
	2005 70 00	Olives prepared or preserved otherwise than by vinegar or acetic acid, not frozen
(c)	1522 00 31 1522 00 39	Residues resulting from the treatment of fatty substances or animal or vegetable waxes containing oil having the characteristics of olive oil
	2306 90 11 2306 90 19	Oil-cake and other solid residues resulting from the extractions of olive oil

PART VIII U.K. Flax and hemp

The flax and hemp sector shall cover the products listed in the following table:

CN code	Description
5301	Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock)
5302	True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)

PART IX U.K. Fruit and vegetables

The fruit and vegetables sector shall cover the products listed in the following table:

CN code	Description
0702 00 00	Tomatoes, fresh or chilled
0703	Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled
0704	Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
0705	Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled
0706	Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled
0707 00	Cucumbers and gherkins, fresh or chilled
0708	Leguminous vegetables, shelled or unshelled, fresh or chilled
ex 0709	Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 92 10, 0709 92 90 and 0709 99 60
ex 0802	Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and kola nuts falling within subheading 0802 70 00, 0802 80 00
0803 10 10	Fresh plantains
0803 10 90	Dried plantains
0804 20 10	Figs, fresh
0804 30 00	Pineapples
0804 40 00	Avocados
0804 50 00	Guavas, mangos and mangosteens
0805	Citrus fruit, fresh or dried
0806 10 10	Fresh table grapes
0807	Melons (including watermelons) and papaws (papayas), fresh
0808	Apples, pears and quinces, fresh
0809	Apricots, cherries, peaches (including nectarines), plums and sloes, fresh
0810	Other fruit, fresh
0813 50 31 0813 50 39	Mixtures exclusively of nuts of headings 0801 and 0802
0910 20	Saffron
ex 0910 99	Thyme, fresh or chilled
ex 1211 90 86	Basil, melissa, mint, Origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled
1212 92 00	Locust beans (carob)

PART X U.K. Processed fruit and vegetable products

The processed fruit and vegetable sector shall cover the products listed in the following table:

CN code		Description
(a)	ex 0710	Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59
	ex 0711	Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30
	ex 0712	Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90
	0804 20 90	Dried figs
	0806 20	Dried grapes
	ex 0811	Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95
	ex 0812	Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98
	ex 0813	Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39
	0814 00 00	Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions
	0904 21 10	Dried sweet peppers (Capsicum annuum), neither crushed nor ground
(b)	ex 0811	Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter
	ex 1302 20	Pectic substances and pectinates
	ex 2001	Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding: fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20 sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30 yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch of subheading 2001 90 40 palm hearts of subheading ex 2001 90 92 olives of subheading 2001 90 65 vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97
	2002	Tomatoes prepared or preserved otherwise than by vinegar or acetic acid
	2003	Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
	ex 2004	Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading 2004 90 10, olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91
	ex 2005	Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 2005 70 00, sweetcorn (Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2005 20 10
	ex 2006 00	Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99
	ex 2007	Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter, excluding: homogenised preparations of bananas of subheading ex 2007 10 jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and ex 2007 99 97
	ex 2008	Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding: peanut butter of subheading 2008 11 10 palm hearts of subheading 2008 91 00 maize of subheading 2008 99 85 yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91 vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99 mixtures of banana otherwise prepared or preserved of subheadings ex 2008 97 59, ex 2008 97 78, ex 2008 97 93 and ex 2008 97 98 bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99
	ex 2009	Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and banana juice of subheading ex 2009 89 35, 2009 89 38, 2009 89 79, 2009 89 86, 2009 89 89 and 2009 89 99) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

PART XI U.K. Bananas

The bananas sector shall cover the products listed in the following table:

CN code	Description
0803 90 10	Fresh bananas, excluding plantains
0803 90 90	Dried bananas, excluding plantains
ex 0812 90 98	Bananas provisionally preserved
ex 0813 50 99	Mixtures containing dried bananas
1106 30 10	Flour, meal and powder of bananas
ex 2006 00 99	Bananas preserved by sugar
ex 2007 10 99	Homogenised preparations of bananas
ex 2007 99 39 ex 2007 99 50 ex 2007 99 97	Jams, jellies, marmalades, purées and pastes of bananas
ex 2008 97 59 ex 2008 97 78 ex 2008 97 93 ex 2008 97 96 ex 2008 97 98	Mixtures containing bananas otherwise prepared or preserved, not containing added spirit
ex 2008 99 49 ex 2008 99 67 ex 2008 99 99	Bananas otherwise prepared or preserved
ex 2009 89 35 ex 2009 89 38 ex 2009 89 79 ex 2009 89 86 ex 2009 89 89 ex 2009 89 99	Banana juice

PART XII U.K. Wine

The wine sector shall cover the products listed in the following table:

CN code		Description
(a)	2009 61 2009 69	Grape juice (including grape must)
	2204 30 92 2204 30 94 2204 30 96 2204 30 98	Other grape musts, other than those in fermentation or with fermentation arrested otherwise than by the addition of alcohol
(b)	ex 2204	Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding other grape must of subheadings 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98
(c)	0806 10 90	Fresh grapes other than table grapes
	2209 00 11 2209 00 19	Wine vinegar
(d)	2206 00 10	Piquette
	2307 00 11 2307 00 19	Wine lees
	2308 00 11 2308 00 19	Grape marc

PART XIII U.K. Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage

The live plants sector shall cover all the products falling within Chapter 6 of the Combined Nomenclature.

PART XIV U.K. Tobacco

The tobacco sector shall cover raw or non-manufactured tobacco and tobacco refuse falling within CN code 2401.

PART XV U.K. Beef and veal

The beef and veal sector shall cover the products listed in the following table:

CN code		Description
(a)	0102 29 05 to 0102 29 99, 0102 39 10 and 0102 90 91	Live animals of the domestic bovine species, other than pure-bred breeding animals
	0201	Meat of bovine animals, fresh or chilled
	0202	Meat of bovine animals, frozen
	0206 10 95	Thick skirt and thin skirt, fresh or chilled
	0206 29 91	Thick skirt and thin skirt, frozen
	0210 20	Meat of bovine animals, salted, in brine, dried or smoked
	0210 99 51	Thick skirt and thin skirt, salted, in brine, dried or smoked
	0210 99 90	Edible flours and meals of meat or meat offal
	1602 50 10	Other prepared or preserved meat or meat offal of bovine animals, uncooked; mixtures of cooked meat or offal and uncooked meat or offal
	1602 90 61	Other prepared or preserved meat containing bovine meat or offal, uncooked; mixtures of cooked meat or offal and uncooked meat or offal
(b)	0102 21, 0102 31 00 and 0102 90 20	Live bovine pure-bred breeding animals
	0206 10 98	Edible offal of bovine animals excluding thick skirt and thin skirt, fresh or chilled, other than for the manufacture of pharmaceutical products
	0206 21 00 0206 22 00 0206 29 99	Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than for the manufacture of pharmaceutical products
	0210 99 59	Edible meat offal of bovine animals, salted, in brine, dried or smoked, other than thick skirt and thin skirt
	ex 1502 10 90	Fats of bovine animals other than those of heading 1503
	1602 50 31 and 1602 50 95	Other prepared or preserved meat or meat offal, of bovine animals, other than uncooked meat or meat offal and mixtures of cooked meat or offal and uncooked meat or offal
	1602 90 69	Other prepared or preserved meat containing bovine meat or offal other than uncooked, and mixtures of cooked meat or offal and uncooked meat or offal.

PART XVI U.K. Milk and milk products

The milk and milk products sector shall cover the products listed in the following table:

CN code		Description
(a)	0401	Milk and cream, not concentrated nor containing added sugar or other sweetening matter
(b)	0402	Milk and cream, concentrated or containing added sugar or other sweetening matter
(c)	0403 10 11 to 0403 10 39 0403 9011 to 0403 90 69	Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter not flavoured nor containing added fruit, nuts or cocoa
(d)	0404	Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included
(e)	ex 0405	Butter and other fats and oils derived from milk; dairy spreads of a fat content of more than 75 % but less than 80 %
(f)	0406	Cheese and curd
(g)	1702 19 00	Lactose and lactose syrup not containing added flavouring or colouring matter, containing by weight less than 99 % lactose, expressed as anhydrous lactose, calculated on the dry matter
(h)	2106 90 51	Flavoured or coloured lactose syrup
(i)	ex 2309	Preparations of a kind used in animal feeding:
	ex 2309 10	– Dog or cat food, put up for retail sale:
	2309 10 15 2309 10 19 2309 10 39 2309 10 59 2309 10 70	– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products
	ex 2309 90	– Other:
	2309 90 35	– – Other, including premixes:
	2309 90 39 2309 90 49 2309 90 59 2309 90 70	– – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products

PART XVII U.K. Pigmeat

The pigmeat sector shall cover the products listed in the following table:

CN code		Description
(a)	ex 0103	Live swine, of domestic species, other than pure-bred breeding animals
(b)	ex 0203	Meat of domestic swine, fresh, chilled, or frozen
	ex 0206	Edible offal of domestic swine, other than for the manufacture of pharmaceutical products, fresh, chilled or frozen
	0209 10	Pig fat, free of lean meat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked
	ex 0210	Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked
	1501 10 1501 20	Pig fat (including lard)
(c)	1601 00	Sausages and similar products, of meat, meat offal or blood; food preparations based on these products
	1602 10 00	Homogenised preparations of meat, meat offal or blood
	1602 20 90	Preparations or preserves of liver of any animal, other than goose or duck
	1602 41 10 1602 42 10 1602 49 11 to 1602 49 50	Other preparations and preserves containing meat or offal of domestic swine
	1602 90 10	Preparations of blood of any animal
	1602 90 51	Other preparations or preserves containing meat or meat offal of domestic swine
	1902 20 30	Stuffed pasta, whether or not cooked or otherwise prepared, containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin

PART XVIII U.K. Sheepmeat and goatmeat

The sheepmeat and goatmeat sector shall cover the products listed in the following table:

CN code		Description
(a)	0104 10 30	Lambs (up to one year old)
	0104 10 80	Live sheep other than pure-bred breeding animals and lambs
	0104 20 90	Live goats other than pure-bred breeding animals
	0204	Meat of sheep or goats, fresh, chilled or frozen
	0210 99 21	Meat of sheep and goats, with bone in, salted, in brine, dried or smoked
	0210 99 29	Meat of sheep and goats, boneless, salted, in brine, dried or smoked
(b)	0104 10 10	Live sheep — pure-bred breeding animals
	0104 20 10	Live goats — pure-bred breeding animals
	0206 80 99	Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of pharmaceutical products
	0206 90 99	Edible offal of sheep and goats, frozen, other than for the manufacture of pharmaceutical products
	0210 99 85	Edible offal of sheep and goats, salted, in brine, dried or smoked
	ex 1502 90 90	Fats of sheep or goats, other than those of heading 1503
(c)	1602 90 91	Other prepared or preserved meat or meat offal of sheep or goats;
	1602 90 95

PART XIX U.K. Eggs

The eggs sector shall cover the products listed in the following table:

CN code		Description
(a)	0407 11 00 0407 19 11 0407 19 19 0407 21 00 0407 29 10 0407 90 10	Poultry eggs, in shell, fresh, preserved or cooked
(b)	0408 11 80 0408 19 81 0408 19 89 0408 91 80 0408 99 80	Bird's eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, other than unfit for human consumption

PART XX U.K. Poultrymeat

The poultrymeat sector shall cover the products listed in the following table:

CN code		Description
(a)	0105	Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls
(b)	ex 0207	Meat and edible offal, of the poultry of heading 0105 fresh, chilled or frozen, excluding livers falling within point (c)
(c)	0207 13 91 0207 14 91 0207 26 91 0207 27 91 0207 43 00 0207 44 91 0207 45 93 0207 45 95	Poultry liver, fresh, chilled or frozen
	0210 99 71 0210 99 79	Poultry livers, salted, in brine, dried or smoked
(d)	0209 90 00	Poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked
(e)	1501 90 00	Poultry fat
(f)	1602 20 10	Goose or duck livers, otherwise prepared or preserved
	1602 31 1602 32 1602 39	Meat or meat offal of poultry of heading 0105, otherwise prepared or preserved

PART XXI U.K. Ethyl alcohol of agricultural origin

1. The ethyl alcohol sector shall cover the products listed in the following table: U.K.

CN code	Description
ex 2207 10 00	Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher obtained from the agricultural products listed in Annex I to the Treaties
ex 2207 20 00	Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaties
ex 2208 90 91 and ex 2208 90 99	Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol. obtained from the agricultural products listed in Annex I to the Treaties

2. The ethyl alcohol sector shall also cover products based on ethyl alcohol of agricultural origin falling within CN code 2208 put up in containers of more than two litres and presenting all the characteristics of ethyl alcohol as described in point 1. U.K.

PART XXII U.K. Apiculture products

The apiculture sector shall cover the products listed in the following table:

CN code	Description
0409 00 00	Natural honey
ex 0410 00 00	Royal jelly and propolis, edible
ex 0511 99 85	Royal jelly and propolis, non-edible
ex 1212 99 95	Pollen
ex 1521 90	Beeswax

PART XXIII U.K. Silkworms

The silkworm sector shall cover silkworms falling within CN code ex 0106 90 00 and silkworm eggs falling within CN code ex 0511 99 85.

PART XXIV U.K. Other products

"Other products" means all agricultural products other than those listed in Parts I to XXIII, including those listed in the following Sections 1 and 2 of this Part.

Section 1

a Entry under this subheading is subject to the conditions laid down in the relevant Union provisions (see Council Directive 94/28/ECb and Commission Regulation (EC) No 504/2008c.
b Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ L 178, 12.7.1994, p. 66).
c Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae (OJ L 149, 7.6.2008, p. 3).
d Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Council Directive 88/661/EECe, Directive 94/28/EC and Commission Decision 96/510/ECf).
e Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species (OJ L 382, 31.12.1988, p. 36).
f Commission Decision 96/510/EC of 18 July 1996 laying down the pedigree and zootechnical certificates for the importation of breeding animals, their semen, ova and embryos (OJ L 210, 20.8.1996, p. 53).
g Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Articles 291 to 300 of Regulation (EEC) No 2454/93).
h Entry under this subheading is subject to conditions laid down in paragraph F of Section II of the preliminary provisions of the Combined Nomenclature.
CN code	Description
ex 0101	Live horses, asses, mules and hinnies:
	– Horses
0101 21 00	– – Pure-bred breeding animalsa:
0101 29	– – Other:
0101 29 90	– – – Other than for slaughter
0101 30 00	– – Asses
0101 90 00	Other
ex 0102	Live bovine animals:
	– – Other than pure-bred breeding animals:
	– – – Other than domestic species
0102 39 90, 0102 90 99
ex 0103	Live swine:
0103 10 00	– Pure-bred breeding animalsd
	– Other:
ex 0103 91	– – Weighing less than 50 kg:
0103 91 90	– – – Other than domestic species
ex 0103 92	– – Weighing 50 kg or more
0103 92 90	– – Other than domestic species
0106	Other live animals
ex 0203	Meat of swine, fresh, chilled or frozen:
	– Fresh or chilled:
ex 0203 11	– – Carcasses and half-carcasses:
0203 11 90	– – – Other than of domestic swine
ex 0203 12	– – Hams, shoulders and cuts thereof, with bone in:
0203 12 90	– – – Other than of domestic swine
ex 0203 19	– – Other:
0203 19 90	– – – Other than of domestic swine
	– Frozen:
ex 0203 21	– – Carcasses and half-carcasses:
0203 21 90	– – – Other than of domestic swine
ex 0203 22	– – Hams, shoulders and cuts thereof, with bone in:
0203 22 90	– – – Other than of domestic swine
ex 0203 29	– – Other:
0203 29 90	– – – Other than of domestic swine
ex 0205 00	Meat of asses, mules or hinnies, fresh, chilled or frozen
ex 0206	Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen:
ex 0206 10	– Of bovine animals, fresh or chilled:
0206 10 10	– – For the manufacture of pharmaceutical productsg
	– Of bovine animals, frozen:
ex 0206 22 00	– – Livers:
	– – – For the manufacture of pharmaceutical productsg
ex 0206 29	– – Other:
0206 29 10	– – – For the manufacture of pharmaceutical productsg
ex 0206 30 00	– Of swine, fresh or chilled:
	– – For the manufacture of pharmaceutical productsg
	– – Other:
	– – – other than of domestic swine
	– Of swine, frozen:
ex 0206 41 00	– – Livers:
	– – – For the manufacture of pharmaceutical productsg
	– – – Other:
	– – – – other than of domestic swine
ex 0206 49 00	– – Other:
	– – – Of domestic swine:
	– – – – For the manufacture of pharmaceutical productsg
	– – – Other
ex 0206 80	– Other, fresh or chilled:
0206 80 10	– – For the manufacture of pharmaceutical productsg
	– – Other:
0206 80 91	– – – Of horses, asses, mules and hinnies
ex 0206 90	– Other, frozen:
0206 90 10	– – For the manufacture of pharmaceutical productsg
	– – Other:
0206 90 91	– – – Of horses, asses, mules and hinnies
0208	Other meat and edible meat offal, fresh, chilled or frozen
ex 0210	Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal:
	– Meat of swine:
ex 0210 11	– – Hams, shoulders and cuts thereof, with bone in:
0210 11 90	– – – Other than of domestic swine
ex 0210 12	– – Bellies (streaky) and cuts thereof:
0210 12 90	– – – Other than of domestic swine
ex 0210 19	– – Other:
0210 19 90	– – – Other than of domestic swine
	– Other, including edible flours and meals of meat or meat offal:
0210 91 00	– – Of primates
0210 92	– – Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia)
0210 93 00	– – Of reptiles (including snakes and turtles)
ex 0210 99	– – Other:
	– – – Meat:
0210 99 31	– – – – Of reindeer
0210 99 39	– – – – Other
	– – – Offal:
	– – – – Other than of domestic swine, bovine animals, sheep and goats
0210 99 85	– – – – – Other than poultry livers
ex 0407	Birds' eggs, in shell, fresh, preserved or cooked:
0407 19 90, 0407 29 90 and 0407 90 90	– Other than of poultry
ex 0408	Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:
	– Egg yolks:
ex 0408 11	– – Dried:
0408 11 20	– – – Unfit for human consumptionh
ex 0408 19	– – Other:
0408 19 20	– – – Unfit for human consumptionh
	– Other:
ex 0408 91	– – Dried:
0408 91 20	– – – Unfit for human consumptionh
ex 0408 99	– – Other:
0408 99 20	– – – Unfit for human consumptionh
0410 00 00	Edible products of animal origin, not elsewhere specified or included
0504 00 00	Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked
ex 0511	Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption:
0511 10 00	– Bovine semen
	– Other:
ex 0511 99	– – Other:
0511 99 85	– – – Other
ex 0709	Other vegetables, fresh or chilled:
ex 0709 60	– Fruits of the genus Capsicum or of the genus Pimenta:
	– – Other:
0709 60 91	– – – – Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyesg
0709 60 95	– – – For the industrial manufacture of essential oils or resinoidsg
0709 60 99	– – – Other
ex 0710	Vegetables (uncooked or cooked by steaming or boiling in water), frozen:
ex 0710 80	– Other vegetables:
	– – Fruits of the genus Capsicum or of the genus Pimenta:
0710 80 59	– – – Other than sweet peppers
ex 0711	Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:
ex 0711 90	– Other vegetables; mixtures of vegetables:
	– – Vegetables:
0711 90 10	– – – – Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers
ex 0713	Dried leguminous vegetables, shelled, whether or not skinned or split:
ex 0713 10	– Peas (Pisum sativum):
0713 10 90	– – Other than for sowing
ex 0713 20 00	– Chickpeas (garbanzos):
	– – Other than for sowing
	– Beans (Vigna spp., Phaseolus spp.):
ex 0713 31 00	– – Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek:
	– – – Other than for sowing
ex 0713 32 00	– – Small red (Adzuki) beans (Phaseolus or Vigna angularis):
	– – – Other than for sowing
ex 0713 33	– – Kidney beans, including white pea beans (Phaseolus vulgaris):
0713 33 90	– – – Other than for sowing
ex 0713 34 00	– – Bambara beans (Vigna subterranea or Voandzeia subterranea)
ex 0713 35 00	– – – Other than for sowing
ex 0713 39 00	– – Cow peas (Vigna unguiculata):
	– – – Other than for sowing
	– – Other:
	– – – Other than for sowing
ex 0713 40 00	– Lentils:
	– – Other than for sowing
ex 0713 50 00	– Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina and Vicia faba var. minor):
	– – Other than for sowing
ex 0713 60 00	– Pigeon peas (Cajanus cajan):
	– – Other than for sowing
ex 0713 90 00	– Other:
	– – Other than for sowing
0801	Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled
ex 0802	Other nuts, fresh or dried, whether or not shelled or peeled:
0802 70 00	– Kola nuts (Cola spp.)
0802 80 00	– Areca nuts
ex 0804	Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried:
0804 10 00	– Dates
0902	Tea, whether or not flavoured
ex 0904	Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers falling within subheading 0904 21 10
0905	Vanilla
0906	Cinnamon and cinnamon-tree flowers
0907	Cloves (whole fruit, cloves and stems)
0908	Nutmeg, mace and cardamoms
0909	Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries
ex 0910	Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and saffron
ex 1106	Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of Chapter 8:
1106 10 00	– Of the dried leguminous vegetables of heading 0713
ex 1106 30	– Of the products of Chapter 8:
1106 30 90	– – Other than bananas
ex 1108	Starches; inulin:
1108 20 00	– Inulin
1201 90 00	Soya beans, whether or not broken, other than seed
1202 41 00	Groundnuts, not roasted or otherwise cooked, in shell, other than seed
1202 42 00	Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken, other than seed
1203 00 00	Copra
1204 00 90	Linseed, whether or not broken, other than for sowing
1205 10 90 and ex 1205 90 00	Rape or colza seeds, whether or not broken, other than for sowing
1206 00 91	Sunflower seeds, whether or not broken, other than for sowing
1206 00 99
1207 29 00	Cotton seeds, whether or not broken, other than for sowing
1207 40 90	Sesamum seeds, whether or not broken, other than for sowing
1207 50 90	Mustard seeds, whether or not broken, other than for sowing
1207 91 90	Poppy seeds, whether or not broken, other than for sowing
1207 99 91	Hemp seeds, whether or not broken, other than for sowing
ex 1207 99 96	Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing
1208	Flours and meals of oil seeds or oleaginous fruits, other than those of mustard
ex 1211	Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered excluding the products listed under CN code ex 1211 90 86 in Part IX;
ex 1212	Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of Cichorium intybus var. sativum) of a kind used primarily for human consumption, not elsewhere specified or included:
ex 1212 99	– – Other than sugar cane:
1212 99 41 and 1212 99 49	– – – Locust bean seeds
ex 1212 99 95	– – – Other, excluding chicory root
1213 00 00	Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets
ex 1214	Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets:
ex 1214 10 00	– Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or of lucerne otherwise dried and ground
ex 1214 90	– Other:
1214 90 10	– – Mangolds, swedes and other fodder roots
ex 1214 90 90	– – Other, excluding:
	– Lucerne, sainfoin, clover, lupines, vetches and similar fodder products artificially heat-dried, except hay and fodder kale and products containing hay
	– Lucerne, sainfoin, clover, lupines, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground
ex 1502	Fats of bovine animals, sheep or goats, other than those of heading 1503:
ex 1502 10 10 ex 1502 90 10	– For industrial uses other than the manufacture of foodstuffs for human consumption, excluding fats obtained from bones and wasteg
1503 00	Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared
ex 1504	Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified, excluding fish liver oils and the fractions of heading 1504 10 and fats and oils and their fractions, of fish, other than liver oils of heading 1504 20
1507	Soya-bean oil and its fractions, whether or not refined, but not chemically modified
1508	Groundnut oil and its fractions, whether or not refined, but not chemically modified
1511	Palm oil and its fractions, whether or not refined, but not chemically modified
1512	Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified
1513	Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified
1514	Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified
ex 1515	Other fixed vegetable fats and oils (excluding jojoba oil of subheading ex 1515 90 11) and their fractions, whether or not refined, but not chemically modified
ex 1516	Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared (excluding hydrogenated castor oil, so called 'opalwax' of subheading 1516 20 10)
ex 1517	Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516, excluding subheadings 1517 10 10, 1517 90 10 and 1517 90 93
1518 00 31 and 1518 00 39	Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the manufacture of foodstuffs for human consumptiong
1522 00 91	Oil foots and dregs; soapstocks, resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil
1522 00 99	Other residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil
ex 1602	Other prepared or preserved meat, meat offal or blood:
	– Of swine:
ex 1602 41	– – Hams and cuts thereof:
1602 41 90	– – – Other than of domestic swine
ex 1602 42	– – Shoulders and cuts thereof:
1602 42 90	– – – Other than of domestic swine
ex 1602 49	– – Other, including mixtures:
1602 49 90	– – – Other than of domestic swine
ex 1602 90	– Other, including preparations of blood of any animal:
	– – Other than preparations of blood of any animal:
1602 90 31	– – – Of game or rabbit
	– – – Other:
	– – – – Other than containing the meat or meat offal of domestic swine:
	– – – – – Other than containing bovine meat or offal:
1602 90 99	– – – – – – Other than of sheep or goats
ex 1603 00	Extracts and juices of meat
1801 00 00	Cocoa beans, whole or broken, raw or roasted
1802 00 00	Cocoa shells, husks, skins and other cocoa waste
ex 2001	Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:
ex 2001 90	– Other:
2001 90 20	– – Fruits of the genus Capsicum other than sweet peppers or pimentos
ex 2005	Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:
ex 2005 99	– Other vegetables and mixtures of vegetables:
2005 99 10	– – Fruits of the genus Capsicum other than sweet peppers or pimentos
ex 2206	Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included:
2206 00 31 to 2206 00 89	– Other than piquette
ex 2301	Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves:
2301 10 00	– Flours, meals and pellets, of meat or meat offal; greaves
ex 2302	Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants:
2302 50 00	– Of leguminous plants
2304 00 00	Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil
2305 00 00	Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
ex 2306	Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305 with the exception of subheading 2306 90 05 (oilcake and other solid residues resulting from the extraction of maize (corn) germ) and 2306 90 11 and 2306 90 19 (oilcake and other solid residues resulting from the extraction of olive oil)
ex 2307 00	Wine lees; argol:
2307 00 90	– Argol
ex 2308 00	Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included:
2308 00 90	– Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, other than grapes
ex 2309	Preparations of a kind used in animal feeding:
ex 2309 10	– Dog or cat food, put up for retail sale:
2309 10 90	– – Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products
ex 2309 90	– Other:
ex 2309 90 10	– – Other, including premixes:
	– – Marine mammal solubles
ex 2309 90 91 to 2309 90 96	– – – Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products, excluding
	– Protein concentrates obtained from lucerne juice and grass juice
	– Dehydrated products obtained exclusively from solid residues and juice resulting from the preparation of the concentrates referred to in the first indent

Section 2

a Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Articles 291 to 300 of Regulation (EEC) No 2454/93).
CN code	Description
0101 29 10	Live horses, for slaughtera
ex 0205 00	Meat of horses, fresh, chilled or frozen
0210 99 10	Horsemeat, salted in brine or dried
0511 99 10	Sinews or tendons; parings and similar wastes of raw hides or skins
0701	Potatoes, fresh or chilled
0901	Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
1105	Flour, meal, powder, flakes, granules and pellets of potatoes
[X1 1212 94 00	Chicory roots]
2209 00 91 and 2209 00 99	Vinegar and substitutes for vinegar obtained from acetic acid other than wine vinegar
4501	Natural cork, raw or simply prepared; waste cork; crushed, granulated or ground cork

ANNEX II U.K. DEFINITIONS REFERRED TO IN ARTICLE 3(1)

PART I U.K. Definitions concerning the rice sector

I. The terms 'paddy rice', 'husked rice', 'semi-milled rice', 'wholly milled rice', 'round grain rice', 'medium grain rice', 'long grain rice A or B' and 'broken rice' shall be defined as follows: U.K.

1.

(a)

"Paddy rice" means rice which has retained its husk after threshing.

(b)

"Husked rice" means paddy rice from which only the husk has been removed. Examples of rice falling within this definition are those with the commercial descriptions 'brown rice', 'cargo rice', 'loonzain' and 'riso sbramato'.

(c)

"Semi-milled rice" means paddy rice from which the husk, part of the germ and the whole or part of the outer layers of the pericarp but not the inner layers have been removed.

(d)

"Wholly milled rice" means paddy rice from which the husk, the whole of the outer and inner layers of the pericarp, the whole of the germ in the case of long grain or medium grain rice and at least part thereof in the case of round grain rice have been removed, but in which longitudinal white striations may remain on not more than 10 % of the grains.

2.

(a)

"Round grain rice" means rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width ratio of less than 2.

(b)

"Medium grain rice" means rice, the grains of which are of a length exceeding 5,2 mm but not exceeding 6,0 mm and of a length/width ratio no greater than 3.

(c)

"Long grain rice" means

(i)

long grain rice A, namely rice, the grains of which are of a length exceeding 6,0 mm and of a length/width ratio greater than 2 but less than 3;

(ii)

long grain rice B, namely rice, the grains of which are of a length exceeding 6,0 mm and of a length/width ratio equal to or greater than 3.

(d)

"Measurements of the grains" means grain measurements on wholly milled rice taken by the following method:

(i)

take a sample representative of the batch;

(ii)

sieve the sample so as to retain only whole grains, including immature grains;

(iii)

carry out two measurements of 100 grains each and work out the average;

(iv)

express the result in millimetres, rounded off to one decimal place.

3.

"Broken rice" means grain fragments the length of which does not exceed three quarters of the average length of the whole grain.

II. As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply: U.K.

1.

"Whole grains" means grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of milling.

2.

"Clipped grains" means grains from which the entire end has been removed.

3.

"Broken grains or fragments" means grains from which a part of the volume greater than the end has been removed; broken grains include:

(i)

large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a complete grain),

(ii)

medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which are smaller than the minimum size of 'large broken grains'),

(iii)

fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a sieve with a mesh of 1,4 mm),

(iv)

fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split grains (pieces produced by a longitudinal split in the grain) come under this definition.

4.

"Green grains" means grains which are not fully ripened.

5.

"Grains showing natural malformation" means grains showing a natural malformation, whether or not of hereditary origin, as compared with the morphological characteristics typical of the variety.

6.

"Chalky grains" means grains at least three-quarters of the surface of which looks opaque and chalky.

7.

"Grains striated with red" means grains showing longitudinal red striations of differing intensity and shades, due to residues from the pericarp.

8.

"Spotted grains" means grains showing a well-defined small circle of dark colour of more or less regular shape; spotted grains also include those which show slight black striations on the surface only; the striations and spots must not show a yellow or dark aureole.

9.

"Stained grains" means grains which have undergone, on a small area of their surface, an obvious change in their natural colour; the stains may be of different colours (blackish, reddish, brown); deep black striations are also to be regarded as stains. If the colour of the stains is sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they cover an area not less than half that of the grain, the grains must be considered to be yellow grains.

10.

"Yellow grains" means grains which have undergone, totally or partially, otherwise than by drying, a change in their natural colour and have taken on a lemon or orange-yellow tone.

11.

"Amber grains" means grains which have undergone, otherwise than by drying, a slight uniform change in colour over the whole surface; this change alters the colour of the grains to a light amber-yellow.

PART II U.K. Technical definitions concerning the sugar sector

Section A U.K. General definitions

1. "White sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method. U.K.

2. "Raw sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method. U.K.

3. "Isoglucose" means the product obtained from glucose or its polymers, with a content by weight in the dry state of at least 10 % fructose. U.K.

4. "Inulin syrup" means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended by [F761 regulations made under] Article 125(4). U.K.

Textual Amendments

F761 Words in Annex 2 Pt. 2 s. A point 4 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(16); 2020 c. 1, Sch. 5 para. 1(1)

5. A "delivery contract" means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar. U.K.

6. "Agreement within the trade" means one of the following: U.K.

(a)

an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings' organisation recognised by the [F762 Secretary of State], or a group of such undertakings' organisations, on the one hand and a sellers' association recognised by the [F762 Secretary of State] or a group of such sellers' organisations on the other;

(b)

in the absence of any agreement as referred to in point (a), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar.

Textual Amendments

F762 Words in Annex 2 Pt. 2 s. A point 6(a) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(16); and substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 28; 2020 c. 1, Sch. 5 para. 1(1)

Section B U.K. F763 ...

Textual Amendments

F763 Annex 2 Pt. 2 s. B omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 79; 2020 c. 1, Sch. 5 para. 1(1)

PART III U.K. Definitions concerning the hops sector

1. "Hops" means the dried inflorescences, also known as cones, of the (female) climbing hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension generally varies from 2 to 5 cm. U.K.

2. "Hop powder" means the product obtained by milling the hops, containing all the natural elements thereof. U.K.

3. "Hop powder with higher lupulin content" means the product obtained by milling the hops after mechanical removal of a part of the leaves, stalks, bracts and rachides. U.K.

4. "Extract of hops" means the concentrated products obtained by the action of a solvent on the hops or on the hop powder. U.K.

5. "Mixed hop products" means a mixture of two or more of the products referred to in points 1 to 4. U.K.

PART IV U.K. Definitions concerning the wine sector

Vine-related U.K.

1. "Grubbing up" means the complete elimination of all vine stocks on an area planted with vines. U.K.

2. "Planting" means the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a view to producing grapes or to establishing a graft nursery. U.K.

3. "Grafting-on" means the grafting of a vine which has already been subject to a previous grafting. U.K.

Produce-related U.K.

4. "Fresh grapes" means the fruit of the vine used in making wine, ripe or even slightly raisined, which may be crushed or pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation. U.K.

5. "Fresh grape must with fermentation arrested by the addition of alcohol" means a product which: U.K.

(a)

has an actual alcoholic strength of not less than 12 % volume and not more than 15 % volume;

(b)

is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than 8,5 % volume and is exclusively derived from wine grape varieties classifiable in accordance with Article 81(2):

(i)

either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume;

(ii)

or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of not less than 52 % volume and not more than 80 % volume.

6. "Grape juice" means the unfermented but fermentable liquid product which: U.K.

(a)

is obtained by appropriate treatment rendering it fit for consumption as it is;

(b)

is obtained from fresh grapes or from grape must or by reconstitution. Where obtained by reconstitution, it shall be reconstituted from concentrated grape must or concentrated grape juice.

An actual alcoholic strength of the grape juice of not more than 1 % volume is permissible.

7. "Concentrated grape juice" means uncaramelised grape juice obtained by partial dehydration of grape juice carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed at a temperature of 20 °C is not less than 50,9 %. U.K.

An actual alcoholic strength of the concentrated grape juice of not more than 1 % volume is permissible.

8. "Wine lees" means the residue: U.K.

(a)

accumulating in vessels containing wine after fermentation, during storage or after authorised treatment;

(b)

obtained from filtering or centrifuging the product referred to in (a);

(c)

accumulating in vessels containing grape must during storage or after authorised treatment; or

(d)

obtained from filtering or centrifuging the product referred to in (c).

9. "Grape marc" means the residue from the pressing of fresh grapes, whether or not fermented. U.K.

10. "Piquette" means a product obtained by: U.K.

(a)

the fermentation of untreated grape marc macerated in water; or

(b)

leaching fermented grape marc with water.

11. "Wine fortified for distillation" means a product which: U.K.

(a)

has an actual alcoholic strength of not less than 18 % volume and not more than 24 % volume;

(b)

is obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived from the distillation of wine and having a maximum actual alcoholic strength of 86 % volume; or

(c)

has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.

12. "Cuvée" means U.K.

(a)

the grape must;

(b)

the wine; or

(c)

the mixture of grape musts and/or wines with different characteristics,

intended for the preparation of a specific type of sparkling wine.

Alcoholic strength U.K.

13. "Actual alcoholic strength by volume" means the number of volumes of pure alcohol contained at a temperature of 20 °C in 100 volumes of the product at that temperature. U.K.

14. "Potential alcoholic strength by volume" means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that temperature. U.K.

15. "Total alcoholic strength by volume" means the sum of the actual and potential alcoholic strengths. U.K.

16. "Natural alcoholic strength by volume" means the total alcoholic strength by volume of a product before any enrichment. U.K.

17. "Actual alcoholic strength by mass" means the number of kilograms of pure alcohol contained in 100 kilograms of product. U.K.

18. "Potential alcoholic strength by mass" means the number of kilograms of pure alcohol capable of being produced by total fermentation of the sugars contained in 100 kilograms of product. U.K.

19. "Total alcoholic strength by mass" means the sum of the actual and potential alcoholic strength. U.K.

PART V U.K. Definitions concerning the beef and veal sector

[X1 "Bovine animals" means live animals of the domestic bovine species falling within CN codes 0102 21, ex 0102 31 00, 0102 90 20, ex 0102 29 10 to ex 0102 29 99, 0102 39 10, 0102 90 91.]

PART VI U.K. Definitions concerning the milk and milk products sector

For the purpose of the implementation of the tariff quota for butter of New Zealand origin, the phrase 'manufactured directly from milk or cream' does not exclude butter manufactured from milk or cream, without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage of concentrated milk fat and/or the fractionation of such milk fat.

PART VII U.K. Definitions concerning the eggs sector

1. "Eggs in shell" means poultry eggs in shell, fresh, preserved, or cooked, other than eggs for hatching specified in point 2. U.K.

2. "Eggs for hatching" means poultry eggs for hatching U.K.

3. "Whole products" means birds' eggs not in shell, whether or not containing added sugar or other sweetening matter suitable for human consumption. U.K.

4. "Separated products" means birds' egg yolks, whether or not containing added sugar or other sweetening matter suitable for human consumption. U.K.

PART VIII U.K. Definitions concerning the poultrymeat sector

1. "Live poultry" means live fowls, ducks, geese, turkeys and guinea fowls each weighing more than 185 grams. U.K.

2. "Chicks" means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not more than 185 grams. U.K.

3. "Slaughtered poultry" means dead fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls, whole, with or without offal. U.K.

4. "Derived products" means the following: U.K.

(a)

products specified in point (a) of Part XX of Annex I;

(b)

products specified in point (b) of Part XX of Annex I, excluding slaughtered poultry and edible offal, known as 'poultry cuts';

(c)

edible offals specified in point (b) of Part XX of Annex I;

(d)

products specified in point (c) of Part XX of Annex I;

(e)

products specified in points (d) and (e) of Part XX of Annex I;

(f)

products referred to in point (f) of Part XX of Annex I, other than those falling within CN code 1602 20 10.

PART IX U.K. Definitions concerning the apiculture sector

1. Honey shall be understood as honey within the meaning of Council Directive 2001/110/EC(31) including as regards to the main types of honey. U.K.

2. "Apiculture products" means honey, beeswax, royal jelly, propolis or pollen. U.K.

ANNEX III U.K. STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLES 7 AND 135

A. Standard quality for paddy rice U.K.

Paddy rice of standard quality shall:

(a)

be of sound, fair and marketable quality, free of odour;

(b)

contain a moisture content of maximum 13 %;

(c)

have a yield of wholly milled rice 63 % by weight in whole grains (with a tolerance of 3 % of clipped grains) of which a percentage by weight of wholly milled rice grains which are not of unimpaired quality:

chalky grains of paddy rice under CN codes 1006 10 27 and 1006 10 98	1,5 %
chalky grains of paddy rice under CN codes other than 1006 10 27 and 1006 10 98:	2,0 %
grains striated with red	1,0 %
spotted grains	0,5 %
stained grains	0,25 %
yellow grains	0,02 %
amber grains	0,05 %

B. Standard qualities for sugar U.K.

I. Standard quality for sugar beet U.K.

Standard quality beet shall:

(a)

be of sound, fair and marketable quality;

(b)

have a sugar content of 16 % at the reception point.

II. Standard quality for white sugar U.K.

1. White sugar of the standard quality shall have the following characteristics: U.K.

(a)

sound, fair and marketable quality; dry, in homogeneous granulated crystals, free-flowing;

(b)

minimum polarisation: 99,7;

(c)

maximum moisture content: 0,06 %;

(d)

maximum invert sugar content: 0,04 %;

(e)

the number of points determined under point 2 not exceeding a total of 22, nor:

• 15 for the ash content,

• 9 for the colour type, determined using the method of the Brunswick Institute of Agricultural Technology ("the Brunswick method"),

• 6 for the colouring of the solution, determined using the method of the International Commission for Uniform Methods of Sugar Analysis ("the ICUMSA method").

2. One point shall correspond to: U.K.

(a)

0,0018 % of ash content determined using the ICUMSA method at 28^o Brix;

(b)

0,5 units of colour type determined using the Brunswick method;

(c)

7,5 units of colouring of the solution determined using the ICUMSA method.

3. The methods for determining the factors referred to in point 1 shall be those used for determining those factors under the intervention measures. U.K.

III. Standard quality for raw sugar U.K.

1. Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %. U.K.

2. The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar: U.K.

(a)

its percentage ash content multiplied by four;

(b)

its percentage invert sugar content multiplied by two;

(c)

the number 1.

3. The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar multiplied by two. U.K.

ANNEX IV U.K. F764 ... SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN ARTICLE 10

Textual Amendments

F764 Word in Annex 4 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(a); 2020 c. 1, Sch. 5 para. 1(1)

A. F765 ... scale for the classification of carcasses of bovine animals aged eight months or more U.K.

I. Definitions U.K.

The following definitions shall apply:

1.

"carcass" means the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning;

2.

"half-carcass" means the product obtained by separating the carcass symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis.

II. Categories U.K.

The bovine carcasses shall be divided into the following categories:

Z

:

carcasses of animals aged from 8 months to less than 12 months;

A

:

carcasses of uncastrated male animals aged from 12 months to less than 24 months;

B

:

carcasses of uncastrated male animals aged from 24 months;

C

:

carcasses of castrated male animals aged from 12 months;

D

:

carcasses of female animals that have calved;

E

:

carcasses of other female animals aged from 12 months.

III. Classification U.K.

The carcasses shall be classified by successive assessment of:

1.

Conformation, defined as follows:

Development of carcass profiles, in particular the essential parts (round, back, shoulder)

Conformation class	Description
S Superior	All profiles extremely convex; exceptional muscle development (double muscled carcass type)
E Excellent	All profiles convex to super-convex; exceptional muscle development
U Very good	Profiles on the whole convex, very good muscle development
R Good	Profiles on the whole straight; good muscle development
O Fair	Profiles straight to concave; average muscle development
P Poor	All profiles concave to very concave; poor muscle development

2.

Fat cover, defined as follows:

• Amount of fat on the outside of the carcass and in the thoracic cavity

  Class of fat cover	Description
  1 low	None up to low fat cover
  2 slight	Slight fat cover, flesh visible almost everywhere
  3 average	Flesh with the exception of the round and shoulder, almost everywhere covered with fat, slight deposits of fat in the thoracic cavity
  4 high	Flesh covered with fat, but on the round and shoulder still partly visible, some distinctive fat deposits in the thoracic cavity
  5 very high	Entire carcass covered with fat; heavy deposits in the thoracic cavity

[F766 The appropriate authority may] subdivide each of the classes provided for in points 1 and 2 into a maximum of three subclasses.

Textual Amendments

F766 Words in Annex 4 s. A(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(b)(ii) (as amended by S.I. 2019/1405, reg. 5(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

IV. Presentation U.K.

Carcasses and half-carcasses shall be presented:

(a)

without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital joint and the feet shall be severed at the carpametacarpal or tarsometatarsal joints;

(b)

without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the kidney fat and the pelvic fat;

(c)

without the sexual organs and the attached muscles and without the udder or the mammary fat.

V. Classification and identification U.K.

Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council(32) shall take measures to ensure that all carcasses or half-carcasses bovine animals aged eight months or more slaughtered in such slaughterhouses and bearing a health mark provided for Article 5(2) in conjunction with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council(33) are classified and identified in accordance with the F767 ... scale.

Textual Amendments

F767 Word in Annex 4 s. A(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

Before identification by marking, [F768 the appropriate authority] may grant authorisation to have the external fat removed from the carcasses or half-carcasses if this is justified by the fat cover.

Textual Amendments

F768 Words in Annex 4 s. A(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(b)(iii)(bb) (as amended by S.I. 2019/1405, reg. 5(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F765 Word in Annex 4 s. A heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

B. F769 ... scale for the classification of pig carcasses U.K.

I. Definition U.K.

"Carcass" means the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line.

II. Classification U.K.

Carcasses shall be divided into classes according to their estimated lean-meat content and classified accordingly:

Classes	Lean meat as percentage of carcass weight
S	60 or more
E	55 or more but less than 60
U	50 or more but less than 55
R	45 or more but less than 50
O	40 or more but less than 45
P	less than 40

III. Presentation U.K.

Carcasses shall be presented without tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm.

IV. Lean-meat content U.K.

1. The lean-meat content shall be assessed by means grading methods authorised by the [F770 appropriate authority]. Only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass may be authorised. Authorisation of grading methods shall be subject to compliance with a maximum tolerance for statistical error in assessment. U.K.

Textual Amendments

F770 Words in Annex 4 s. B(4) para. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(c)(ii) (as amended by S.I. 2019/1405, reg. 5(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

2. However, the commercial value of the carcasses shall not be determined solely by their estimated lean-meat content. U.K.

V. Identification of carcasses U.K.

Unless otherwise provided for [F771 in retained EU law], classified carcasses shall be identified by marking in accordance with the F772 ... scale.

Textual Amendments

F771 Words in Annex 4 s. B(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F772 Word in Annex 4 s. B(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F769 Word in Annex 4 s. B heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

C. F773 ... Scale for the classification of sheep carcasses U.K.

I. Definition U.K.

The definitions of "carcass" and "half-carcass" laid down in point A.I shall apply.

II. Categories U.K.

The carcasses shall be divided into the following categories:

A

:

carcasses of sheep under 12 months old,

B

:

carcasses of other sheep.

III. Classification U.K.

The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term "round" in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term "hindquarter".

IV. Presentation U.K.

Carcasses and half-carcasses shall be presented without the head (severed at the atlantooccipital joint), the feet (severed at the carpometacarpal or tarso-metatarsal joints), the tail (severed between the sixth and seventh caudal vertebrae), the udder, the genitalia, the liver and the pluck. Kidneys and kidney fat are included in the carcass.

[F774 The appropriate authority may] permit different presentations when the [F775 reference] presentation is not used.

Textual Amendments

F774 Words in Annex 4 s. C(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(d)(ii)(aa) (as substituted by S.I. 2019/1405, regs. 1(2), 5(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F775 Word in Annex 4 s. C(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(d)(ii)(bb) (as substituted by S.I. 2019/1405, regs. 1(2), 5(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

V. Identification of carcasses U.K.

Classified carcasses and half-carcasses shall be identified by marking in accordance with the F776 ... scale.

Textual Amendments

F776 Word in Annex 4 s. C(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F773 Word in Annex 4 s. C heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 80(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[F105 ANNEX V U.K. PRODUCTS REFERRED TO IN ARTICLE 23(5)

Category I U.K.

• Fermented milk products without fruit juice, naturally flavoured

• Fermented milk products with fruit juice, naturally flavoured or non-flavoured

• Milk-based drinks with cocoa, with fruit juice or naturally flavoured

Category II U.K.

Fermented or non-fermented milk products with fruit, naturally flavoured or non-flavoured.]

F777 ANNEX VI U.K. BUDGETARY LIMITS FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 44(1)

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

Textual Amendments

F777 Annex 6 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 81; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX VII U.K. DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS REFERRED TO IN ARTICLE 78

Modifications etc. (not altering text)

C16 Annex 7: power to modify conferred (11.11.2020 for specified purposes and 11.1.2021 otherwise) by Agriculture Act 2020 (c. 21), ss. 41, 57(1)(b)(c)(6)

For the purposes of this Annex, the "sale description" means the name F778 ... of the food, within the meaning of Article 17 of Regulation (EU) No 1169/2011.

Textual Amendments

F778 Words in Annex 7 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(2); 2020 c. 1, Sch. 5 para. 1(1)

PART I U.K. Meat of bovine animals aged less than 12 months

I. Definition U.K.

For the purposes of this Part of this Annex, "meat" means all carcases, meat on the bone or boned, and offal, whether or not cut, intended for human consumption, obtained from bovine animals aged less than 12 months, presented fresh, frozen or deep-frozen, whether or not wrapped or packed.

II. Classification of bovine animals aged less than 12 months at the slaughterhouse U.K.

On slaughter, all bovine animals aged less than 12 months shall be classified by the operators, under the supervision of the competent authority, in one of the following two categories:

(A)

Category V: bovine animals aged less than eight months

Category identification letter: V;

(B)

Category Z: bovine animals aged from 8 months to less than 12 months

Category identification letter: Z.

This classification shall be carried out on the basis of the information contained in the passport accompanying the bovine animals or, failing this, on the basis of the data contained in the computerised database provided for in Article 5 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council(34).

III. Sales descriptions U.K.

1. The meat of bovine animals aged less than 12 months shall only be marketed in [F779 Great Britain] under the following sales description(s) F780 ...: U.K.

(A)

For the meat of bovine animals aged less than eight months (category identification letter: V):

Country of marketing	Sales descriptions to be used
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
[F782 Great Britain]	Veal

(B)

For the meat of bovine animals aged from 8 months to less than 12 months (category identification letter: Z):

Country of marketing	Sales descriptions to be used
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
F781 . . .	F781 . . .
[F782 Great Britain]	Beef

Textual Amendments

F781 Words in Annex 7 Pt. 1 Point 3 para. 1(a)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F782 Words in Annex 7 Pt. 1 Point 3 para. 1(a)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(a)(i)(dd) (as inserted by S.I. 2020/1453, regs. 1(2)(b), 9(23)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F779 Words in Annex 7 Pt. 1 Point 3 para. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(a)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(23)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F780 Words in Annex 7 Pt. 1 Point 3 para. 1 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

2. The sales descriptions referred to in paragraph 1 may be supplemented by an indication of the name or designation of the pieces of meat or offal concerned. U.K.

3. The sales descriptions listed for category V in point A of the table set out in paragraph 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are fulfilled. U.K.

In particular, the [F783 term “veal”] shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months.

Textual Amendments

F783 Words in Annex 7 Pt. 1 Point 3 para. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

4. The conditions referred to in paragraph 1 shall not apply to the meat of bovine animals with a designation of origin or geographical indication protected in accordance with Regulation (EU) No 1151/2012 registered before 29 June 2007. U.K.

IV. Compulsory indication on the label U.K.

1. Without prejudice to F784 ..., Regulation (EU) No 1169/2011 and Articles 13, 14 and 15 of Regulation (EC) No 1760/2000, at each stage of production and marketing, operators shall label the meat of bovine animals aged less than 12 months with the following information: U.K.

(a)

the sales description in accordance with point III of this Part;

(b)

the age of the animals on slaughter, indicated, as the case may be, on the form:

• "age on slaughter: less than 8 months";

• "age on slaughter: from 8 to less than 12 months".

By way of derogation from point (b) of the first subparagraph, operators may replace the indication on the age at slaughter by the indication of the category, respectively: "category V" or "category Z", at stages preceding the release to the final consumer.

Textual Amendments

F784 Words in Annex 7 Pt. 1 Point 4 para. 1 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

2. In the case of the meat of bovine animals aged less than 12 months presented for sale un-prepacked at the point of retail sale to the final consumer, [F785 the information referred to in paragraph 1 must be indicated in accordance with the legislation applying in England, Wales or Scotland, as the case may be]. U.K.

Textual Amendments

F785 Words in Annex 7 Pt. 1 Point 4 para. 2 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(b)(ii) (as amended by S.I. 2020/1453, reg. 9(23)(b)); 2020 c. 1, Sch. 5 para. 1(1)

V. Recording U.K.

At each stage of production and marketing, operators shall record the following information:

(a)

the identification number and the date of birth of the animals, at slaughterhouse level only;

(b)

a reference number making it possible to establish a link between, on the one hand, the identification of the animals from which the meat originates and, on the other hand, the sales description, the age on slaughter and the category identification letter given on the meat label;

(c)

the date of arrival and departure of the animals and meat in the establishment.

VI. Official checks U.K.

1. F786 ... U.K.

Textual Amendments

F786 Annex 7 Pt. 1 Point 6 para. 1 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

2. Official checks shall be carried out by the competent authority or authorities [F787 designated by the relevant authority in England, Wales or Scotland] in accordance with the general principles laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council(35). U.K.

Textual Amendments

F787 Words in Annex 7 Pt. 1 Point 6 para. 2 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(c)(ii) (as amended by S.I. 2020/1453, reg. 9(23)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)

3. [F788 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 experts of the relevant authority in England, Wales or Scotland.] U.K.

Textual Amendments

F788 Annex 7 Pt. 1 Point 6 para. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(c)(iii) (as amended by S.I. 2020/1453, reg. 9(23)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

4. F789 ... U.K.

Textual Amendments

F789 Annex 7 Pt. 1 Point 6 para. 4 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

5. For meat imported from [F790 other] countries a competent authority designated by the [F790 other] country or, where applicable, an independent third-party body shall ensure that the requirements of this Part are fulfilled. The independent body shall provide full assurance of compliance with the conditions laid down in [F791 European Standard EN 45011 or ISO/IEC Guide 65][F791 ISO/IEC 17065 (Requirements for bodies certifying products, processes and services)]. U.K.

Textual Amendments

F790 Word in Annex 7 Pt. 1 Point 6 para. 5 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(3)(c)(v); 2020 c. 1, Sch. 5 para. 1(1)

F791 Words in Annex 7 Pt. 1 point 6(5) substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 4

PART II U.K. Categories of grapevine products

(1) Wine U.K.

"Wine" means the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must.

Wine shall:

(a)

have, whether or not following application of the processes specified in Section B of Part I of Annex VIII, an actual alcoholic strength of not less than 8,5 % volume F792 ...;

(b)

have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a protected designation of origin or a protected geographical indication, whether or not following application of the processes specified in Section B of Part I of Annex VIII, an actual alcoholic strength of not less than 4,5 % volume;

(c)

have a total alcoholic strength of not more than 15 % volume. However, by way of derogation:

• [F793 the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been produced without any enrichment from [F794 wine growing areas specified [F795 under] Article 75(2)] [F795 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020],]

• [F157 the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected designation of origin which have been produced without enrichment, or enriched only by partial concentration processes listed in point 1 of Section B of Part I of Annex VIII, provided that the product specification in the technical file of the protected designation of origin concerned allows for that possibility;]

(d)

have[F796 , subject to derogations [F797 provided for [F798 under] Article 75(2)] [F798 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020],] a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents per litre.

Textual Amendments

F792 Words in Annex 7 Pt. 2 Point 1(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F793 Words in Annex 7 Pt. 2 point 1 omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(i)(aa); and words in Annex 7 Pt. 2 point 1 omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(i)(aa)

F794 Words in Annex 7 Pt. 2 Point 1(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F795 Words in Annex 7 Pt. 2 point 1(c) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(i)(aa)

F796 Words in Annex 7 Pt. 2 point 1 omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(i)(bb); and words in Annex 7 Pt. 2 point 1 omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(i)(bb)

F797 Words in Annex 7 Pt. 2 Point 1(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F798 Words in Annex 7 Pt. 2 point 1(d) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(i)(bb)

F799 ...

Textual Amendments

F799 Words in Annex 7 Pt. 2 Point 1 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F799 ...

However, [F800 the Secretary of State] may [F801 , with the agreement of the relevant authorities for Wales and Scotland,] allow the use of the term "wine" if:

Textual Amendments

F800 Words in Annex 7 Pt. 2 Point 1(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F801 Words in Annex 7 Pt. 2 Point. 1(d) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(a)(iii)(bb) (as amended by S.I. 2020/1453, reg. 9(24)); 2020 c. 1, Sch. 5 para. 1(1)

(a)

it is accompanied by the name of a fruit in the form of a composite name to market products obtained by the fermentation of fruit other than grapes; or

(b)

it is part of a composite name.

Any confusion with products corresponding to the wine categories in this Annex shall be avoided.

(2) New wine still in fermentation U.K.

"New wine still in fermentation" means the product in which the alcoholic fermentation is not yet complete and which is not yet separated from its lees.

(3) Liqueur wine U.K.

"Liqueur wine" means the product:

(a)

which has an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume;

(b)

which has a total alcoholic strength of not less than 17,5 % volume[F802 , except for certain liqueur wines with a designation of origin or with a geographical indication appearing on [F803 any list drawn up] [F804 pursuant to Article 75(2)][F804 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020]];

(c)

which is obtained from:

• grape must in fermentation,

• wine,

• a combination of the above products, or

• grape must [F805 or a mixture thereof with wine for certain liqueur wines with a protected designation of origin or a protected geographical indication, [F806 specified [F807 under] Article 75(2)] [F807 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020]];

(d)

which has an initial natural alcoholic strength of not less than 12 % volume[F808 , except for certain liqueur wines with a protected designation of origin or a protected geographical indication appearing on [F809 any list drawn up] [F810 pursuant to Article 75(2)][F810 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020]];

(e)

to which the following has been added:

(i)

individually or in combination:

• neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume,

• wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume;

(ii)

together with one or more of the following products where appropriate:

• concentrated grape must,

• a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first and fourth indent of point (c);

(f)

[F811 to which, by way of derogation from point (e), has been added, in so far as certain liqueur wines with a protected designation of origin or a protected geographical indication are concerned which appear on [F812 any list drawn up][F813 pursuant to Article 75(2)] [F813 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020]:

(i)

either of products listed in point (e)(i) individually or in combination; or

(ii)

one or more of the following products:

• wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % volume and not more than 96 % volume,

• spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume,

• spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % volume and of less than 94,5 % volume; and

(iii)

one or more of the following products, where appropriate:

• partially fermented grape must obtained from raisined grapes,

• concentrated grape must obtained by the action of direct heat, complying, with the exception of this operation, with the definition of concentrated grape must,

• concentrated grape must,

• a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and fourth indents of point (c).]

Textual Amendments

F802 Words in Annex 7 Pt. 2 point 3(b) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(ii)(aa); and words in Annex 7 Pt. 2 point 3(b) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(ii)(aa)

F803 Words in Annex 7 Pt. 2 Point 3(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F804 Words in Annex 7 Pt. 2 point 3(b) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(ii)(aa)

F805 Words in Annex 7 Pt. 2 point 3(c) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(ii)(bb); and words in Annex 7 Pt. 2 point 3(c) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(ii)(bb)

F806 Words in Annex 7 Pt. 2 Point 3(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F807 Words in Annex 7 Pt. 2 point 3(c) indent 4 substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(ii)(bb)

F808 Words in Annex 7 Pt. 2 point 3(d) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(ii)(cc); and words in Annex 7 Pt. 2 point 3(d) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(ii)(cc)

F809 Words in Annex 7 Pt. 2 Point 3(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F810 Words in Annex 7 Pt. 2 point 3(d) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(ii)(cc)

F811 Annex 7 Pt. 2 point 3(f) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(ii)(dd); and Annex 7 Pt. 2 point 3(f) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(ii)(dd)

F812 Words in Annex 7 Pt. 2 Point 3(f) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F813 Words in Annex 7 Pt. 2 point 3(f) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(ii)(dd)

(4) Sparkling wine U.K.

"Sparkling wine" means the product:

(a)

which is obtained by first or second alcoholic fermentation:

• from fresh grapes,

• from grape must, or

• from wine;

(b)

which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c)

which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers; and

(d)

for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % volume.

(5) Quality sparkling wine U.K.

"Quality sparkling wine" means the product:

(a)

which is obtained by first or second alcoholic fermentation:

• from fresh grapes,

• from grape must, or

• from wine;

(b)

which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c)

which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a temperature of 20 °C in closed containers; and

(d)

for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % volume.

(6) Quality aromatic sparkling wine U.K.

"Quality aromatic sparkling wine" means the quality sparkling wine:

(a)

which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermentation which is derived from specific wine grape varieties [F814 [F815 on [F816 any list drawn up]] [F814 set out in the list in the Appendix to Annex 2 to Regulation (EU) 2019/934] pursuant to Article 75(2).

Quality aromatic sparkling wines traditionally produced using wines when constituting the cuvée [F817 are as specified under] Article 75(2);] [F815 set out in the list in the Appendix to Annex II to Regulation (EU) 2019/934, or in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020;]

(b)

which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers;

(c)

of which the actual alcoholic strength may not be less than 6 % volume; and

(d)

of which the total alcoholic strength may not be less than 10 % volume.

Textual Amendments

F814 Words in Annex 7 Pt. 2 point 6(a) substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(iii); and words in Annex 7 Pt. 2 point 6(a) substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(iii)

F815 Words in Annex 7 Pt. 2 point 6(a) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(iii)

F816 Words in Annex 7 Pt. 2 Point 6(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F817 Words in Annex 7 Pt. 2 Point 6(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

(7) Aerated sparkling wine U.K.

"Aerated sparkling wine" means the product which:

(a)

is obtained from wine without a protected designation of origin or a protected geographical indication;

(b)

releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas; and

(c)

has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers.

(8) Semi-sparkling wine U.K.

"Semi-sparkling wine" means the product which:

(a)

obtained from wine, new wine still in fermentation, grape must or grape must in fermentation in so far as these products have a total alcohol strength of at least 9 % vol;

(b)

has an actual alcoholic strength of not less than 7 % volume;

(c)

has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers; and

(d)

is placed in containers of 60 litres or less.

(9) Aerated semi-sparkling wine U.K.

"Aerated semi-sparkling wine" means the product which:

(a)

obtained from wine, new wine still in fermentation, grape must or grape must in fermentation;

(b)

has an actual alcoholic strength of not less than 7 % volume and a total alcoholic strength of not less than 9 % volume;

(c)

has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers due to carbon dioxide in solution which has been wholly or partially added; and

(d)

is placed in containers of 60 litres or less.

(10) Grape must U.K.

"Grape must" means the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic strength of the grape must of not more than 1 % volume is permissible.

(11) Partially fermented grape must U.K.

"Grape must in fermentation" means the product obtained from the fermentation of grape must which has an actual alcoholic strength of more than 1 % volume but less than three fifths of its total alcoholic strength by volume.

(12) Partially fermented grape must extracted from raisined grapes U.K.

"Grape must in fermentation extracted from raisined grapes" means the product obtained from the partial fermentation of grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams per litre and the natural and actual alcoholic strength of which shall not be less than 8 % volume. [F818 However, [F819 wines specified] [F820 pursuant to Article 75(2)] [F820 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020], that meet these requirements shall not be considered to be grape must in fermentation extracted from raisined grapes.]

Textual Amendments

F818 Words in Annex 7 Pt. 2 point 12 omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(iv); and words in Annex 7 Pt. 2 point 12 omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(iv)

F819 Words in Annex 7 Pt. 2 Point 12 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F820 Words in Annex 7 Pt. 2 point 12 substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(iv)

(13) Concentrated grape must U.K.

"Concentrated grape must" means uncaramelised grape must which is obtained by partial dehydration of grape must carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer [F821 used in accordance with a method to be prescribed in accordance with the first subparagraph of Article 80(5) and point (d) of the first subparagraph of Article 91][F822 of this Regulation or in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] at a temperature of 20 °C is not less than 50,9 %.

Textual Amendments

F821 Words in Annex 7 Pt. 2 point 13 omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(v); and words in Annex 7 Pt. 2 point 13 omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(v)

F822 Words in Annex 7 Pt. 2 point 13 inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(v)

An actual alcoholic strength of the concentrated grape must of not more than 1 % volume is permissible.

(14) Rectified concentrated grape must U.K.

"Rectified concentrated grape must" means:

(a)

the liquid uncaramelised product which:

(i)

is obtained by partial dehydration of grape must carried out by any authorised method other than direct heat in such a way that the figure indicated by a refractometer [F823 used according to a method to be prescribed in accordance with the first subparagraph of Article 80(5) and point (d) of the first subparagraph of Article 91][F824 of this Regulation or in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] at a temperature of 20 °C is not less than 61,7 %;

(ii)

has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;

(iii)

has the following characteristics:

• a pH of not more than 5 at 25 Brix,

• an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at 25 Brix,

• a sucrose content undetectable by a method of analysis to be defined,

• a Folin-Ciocalteu index of not more than 6,00 at 25 Brix,

• a titratable acidity of not more than 15 millequivalents per kilogram of total sugars,

• a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars,

• a total cation content of not more than 8 milliequivalents per kilogram of total sugars,

• a conductivity at 25 Brix and 20 °C of not more than 120 micro-Siemens/cm,

• a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

• presence of mesoinositol.

(b)

the solid uncaramelised product which:

(i)

is obtained by crystallisation of liquid rectified concentrated grape must without the use of solvents;

(ii)

has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;

(iii)

has the following characteristics after dilution in a solution at 25 Brix:

• a pH of not more than 7,5,

• an optical density at 425 nm for a thickness of 1 cm of not more than 0,100,

• a sucrose content undetectable by a method of analysis to be defined,

• a Folin-Ciocalteu index of not more than 6,00,

• a titratable acidity of not more than 15 millequivalents per kilogram of total sugars,

• a sulphur dioxide content of not more than 10 milligrams per kilogram of total sugars,

• a total cation content of not more than 8 millequivalents per kilogram of total sugars,

• a conductivity at 20 °C of not more than 120 micro-Siemens/cm,

• a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

• presence of mesoinositol.

Textual Amendments

F823 Words in Annex 7 Pt. 2 point 14 omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(a)(vi); and words in Annex 7 Pt. 2 point 14 omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(a)(vi)

F824 Words in Annex 7 Pt. 2 point 14 inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(a)(vi)

An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % volume is permissible.

(15) Wine from raisined grapes U.K.

"Wine from raisined grapes" means the product which:

(a)

is produced without enrichment, from grapes left in the sun or shade for partial dehydration;

(b)

has a total alcoholic strength of at least 16 % volume and an actual alcoholic strength of at least 9 % volume; and

(c)

has a natural alcoholic strength of a least 16 % volume (or 272 grams sugar/litre).

(16) Wine of overripe grapes U.K.

"Wine of overripe grapes" means the product which:

(a)

is produced without enrichment;

(b)

has a natural alcoholic strength of more than 15 % volume; and

(c)

has a total alcoholic strength of not less than 15 % volume and an actual alcoholic strength of not less than 12 % volume.

F825 ...

Textual Amendments

F825 Words in Annex 7 Pt. 2 Point 16 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(4)(e); 2020 c. 1, Sch. 5 para. 1(1)

(17) Wine vinegar U.K.

"Wine vinegar" means vinegar which:

(a)

is obtained exclusively by acetous fermentation of wine; and

(b)

has a total acidity of not less than 60 grams per litre expressed as acetic acid.

PART III U.K. Milk and milk products

1. "Milk" means exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom. U.K. However, the term "milk" may be used: U.K.

(a)

for milk treated without altering its composition or for milk the fat content of which is standardised under Part IV;

(b)

in association with a word or words to designate the type, grade, origin and/or intended use of such milk or to describe the physical treatment or the modification in composition to which it has been subjected, provided that the modification is restricted to an addition and/or withdrawal of natural milk constituents.

2. For the purposes of this Part, "milk products" means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent. U.K.The following shall be reserved exclusively for milk products. U.K.

(a)

the following names used at all stages of marketing:

(i)

whey,

(ii)

cream,

(iii)

butter,

(iv)

buttermilk,

(v)

butteroil,

(vi)

caseins,

(vii)

anhydrous milk fat (AMF),

(viii)

cheese,

(ix)

yogurt,

(x)

kephir,

(xi)

koumiss,

(xii)

viili/fil,

(xiii)

smetana,

(xiv)

fil;

(xv)

rjaženka,

(xvi)

rūgušpiens;

(b)

names within the meaning of F826 ... Article 17 of Regulation (EU) No 1169/2011 actually used for milk products.

Textual Amendments

F826 Words in Annex 7 Pt. 3 para. 2(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

3. The term 'milk' and the designations used for milk products may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product. U.K.

4. As regards milk, the animal species from which the milk originates shall be stated, if it is not bovine. U.K.

5. The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that point. U.K. However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product. U.K.

6. In respect of a product other than those described in points 1, 2 and 3 of this Part, no label, commercial document, publicity material or any form of advertising as defined in Article 2 of Council Directive 2006/114/EC(34) or any form of presentation may be used which claims, implies or suggests that the product is a dairy product. U.K. However, in respect of a product which contains milk or milk products, the designation 'milk' or the designations referred to in the second subparagraph of points 2 of this Part may be used only to describe the basic raw materials and to list the ingredients in accordance with F827 ... Regulation (EU) No 1169/2011. U.K.

Textual Amendments

F827 Words in Annex 7 Pt. 3 para. 6 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

PART IV U.K. Milk for human consumption falling within CN code 0401

I. Definitions U.K.

For the purposes of this Part:

(a)

'milk' means the produce of the milking of one or more cows;

(b)

'drinking milk' means the products referred to in point III intended for delivery without further processing to the consumer;

(c)

'fat content' means the ratio by mass of parts of milk fat per hundred parts of milk in the milk concerned;

(d)

'protein content' means the ratio by mass of parts of protein per hundred parts of milk in the milk concerned (obtained by multiplying by 6,38 the total nitrogen content of the milk expressed as a percentage by mass).

II. Delivery or sale to the final consumer U.K.

1. Only milk complying with the requirements laid down for drinking milk may be delivered or sold without processing to the final consumer, either directly or through the intermediary of restaurants, hospitals, canteens or other similar mass caterers. U.K.

2. The sales descriptions to be used for those products shall be those given in point III. Those descriptions shall be used only for the products referred to in that point, without prejudice to their use in composite descriptions. U.K.

3. [F828 The appropriate authority in England, Wales or Scotland must ensure there is information available to consumers regarding] the nature and composition of the products concerned where the absence of such information is likely to cause confusion. U.K.

Textual Amendments

F828 Words in Annex 7 Pt. 4 Point 2 para. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(6)(a) (as amended by S.I. 2020/1453, reg. 9(25)(a)); 2020 c. 1, Sch. 5 para. 1(1)

III. Drinking milk U.K.

1. The following products shall be considered to be drinking milk: U.K.

(a)

raw milk: milk which has not been heated above 40 ^oC or subjected to treatment having equivalent effect;

(b)

whole milk: heat-treated milk which, with respect to fat content, meets one of the following requirements:

(i)

standardised whole milk: milk with a fat content of at least 3,50 % (m/m). However, [F829 nothing in this Regulation prevents the appropriate authority in England, Wales or Scotland from providing] for an additional category of whole milk with a fat content of 4,00 % (m/m) or above;

(ii)

non-standardised whole milk: milk with a fat content that has not been altered since the milking stage either by the addition or removal of milk fats or by mixture with milk the natural fat content of which has been altered. However, the fat content may not be less than 3,50 % (m/m);

(c)

semi-skimmed milk: heat-treated milk whose fat content has been reduced to at least 1,50 % (m/m) and at most 1,80 % (m/m);

(d)

skimmed-milk: heat-treated milk whose fat content has been reduced to not more than 0,50 % (m/m).

Textual Amendments

F829 Words in Annex 7 Pt. 4 Point 3 para. 1(b)(i) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(6)(b)(i) (as amended by S.I. 2020/1453, reg. 9(25)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Heat-treated milk not complying with the fat content requirements laid down in points (b), (c) and (d) of the first subparagraph shall be considered to be drinking milk provided that the fat content is clearly indicated with one decimal and easily readable on the packaging in form of "… % fat". Such milk shall not be described as whole milk, semi-skimmed milk or skimmed milk.

2. Without prejudice to point 1(b)(ii), only the following modifications shall be allowed: U.K.

(a)

in order to meet the fat contents laid down for drinking milk, modification of the natural fat content by the removal or addition of cream or the addition of whole milk, semi-skimmed milk or skimmed milk;

(b)

enrichment of milk with milk proteins, mineral salts or vitamins, in accordance with Regulation (EC) No 1925/2006 of the European Parliament and of the Council(36);

(c)

reduction of the lactose content by conversion to glucose and galactose.

Modifications in the composition of milk referred to in points (b) and (c) shall be allowed only if they are indelibly indicated on the packing of the product so that it can be easily seen and read. However, such indication shall not remove the obligation as regards nutrition labelling laid down by Regulation (EU) No 1169/2011. Where proteins are added, the protein content of the enriched milk must be 3,8 % (m/m) or more.

However, [F830 nothing in this Regulation prevents the appropriate authority in England, Wales or Scotland from using any power the authority has to] limit or prohibit modifications to the composition of milk referred to in points (b) and (c).

Textual Amendments

F830 Words in Annex 7 Pt. 4 Point 3 para. 2 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(6)(b)(ii) (as amended by S.I. 2020/1453, reg. 9(25)(b)); 2020 c. 1, Sch. 5 para. 1(1)

3. Drinking milk shall: U.K.

(a)

have a freezing point close to the average freezing point for raw milk recorded in the area of origin of the drinking milk collected;

(b)

have a mass of not less than 1 028 grams per litre for milk containing 3,5 % (m/m) of fat at a temperature of 20 °C or the equivalent weight per litre for milk having a different fat content;

(c)

contain a minimum of 2,9 % (m/m) of protein for milk containing 3,5 % (m/m) of fat or an equivalent concentration in the case of milk having a different fat content.

PART V U.K. Products of the poultrymeat sector

I. This Part shall apply in relation to the marketing within [F831 Great Britain] by way of business or trade, of certain types and presentations of poultrymeat, and poultrymeat or poultry offal preparations and products, of the following species U.K.

Textual Amendments

F831 Words in Annex 7 Pt. 5 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(7)(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(26)(a)); 2020 c. 1, Sch. 5 para. 1(1)

• Gallus domesticus,

• ducks,

• geese,

• turkeys,

• guinea fowls.

These provisions shall also apply to poultrymeat in brine falling within CN code 0210 99 39.

II. Definitions U.K.

(1)

"poultrymeat" means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment;

(2)

"fresh poultrymeat" means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below – 2 °C and not higher than + 4 °C. However, [F832 nothing in this Regulation prevents the appropriate authority in England, Wales or Scotland from using any power the authority has to] lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot;

(3)

"frozen poultrymeat" means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than – 12 °C at any time;

(4)

"quick-frozen poultrymeat" means poultrymeat which is to be kept at a temperature no higher than – 18 °C at any time within the tolerances as provided for in Council Directive 89/108/EEC(37);

(5)

"poultrymeat preparation" means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat;

(6)

"fresh poultrymeat preparation" means a poultrymeat preparation for which fresh poultrymeat has been used.

However, [F833 nothing in this Regulation prevents the appropriate authority in England, Wales or Scotland from using any power the authority has to] lay down slightly different temperature requirements to be applied for the minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling performed in the factory during the production of fresh poultrymeat preparations;

(7)

"poultrymeat product" means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used.

Textual Amendments

F832 Words in Annex 7 Pt. 5 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(7)(b)(i) (as amended by S.I. 2020/1453, reg. 9(26)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F833 Words in Annex 7 Pt. 5 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(7)(b)(ii) (as amended by S.I. 2020/1453, reg. 9(26)(b)); 2020 c. 1, Sch. 5 para. 1(1)

III. Poultrymeat and poultrymeat preparations shall be marketed in one of the following conditions: U.K.

• fresh,

• frozen,

• quick-frozen.

Modifications etc. (not altering text)

C17 Annex 7 Pt. 5 modified (temp.) (S.) (28.11.2022) by The Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/352), regs. 1(1), 2 (with reg. 1(2))

PART VI U.K. Eggs of hens of the Gallus gallus species

I. Scope U.K.

1. Without prejudice to [F834 Article 75 concerning] the marketing standards of eggs for hatching and of farmyard poultry chicks, this Part shall apply in relation to the marketing within [F835 Great Britain] of the eggs produced in [F835 Great Britain], imported from [F836 other] countries or intended for export outside [F837 Great Britain or movement to Northern Ireland]. U.K.

Textual Amendments

F834 Words in Annex 7 Pt. 6 point 1(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(b); and words in Annex 7 Pt. 6 point 1(1) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(b); and words in Annex 7 Pt. 6 point 1(1) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(b)

F835 Words in Annex 7 Pt. 6 point 1 para. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(a)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(27)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F836 Word in Annex 7 Pt. 6 point 1 para. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(a)(i)(bb) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(27)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F837 Word in Annex 7 Pt. 6 point 1 para. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(a)(i)(cc) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(27)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

2. [F838 Nothing in this Regulation prevents the appropriate authority in England, Wales or Scotland from using any power the authority has to] exempt from the requirements provided for in this Part, with the exception of point III(3), eggs sold directly to the final consumer by the producer: U.K.

(a)

on the production site, or

(b)

in a local public market or by door-to-door selling in the region of production. F839 ...

Textual Amendments

F839 Words in Annex 7 Pt. 6 point 1 para. 2 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Where such exemption is granted, each producer shall be able to choose whether to apply such exemption or not. Where this exemption is applied, no quality and weight grading may be used.

F840 ...

Textual Amendments

F840 Words in Annex 7 Pt. 6 point 1 para. 2 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(a)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F838 Words in Annex 7 Pt. 6 point 1 para. 2 substituted by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(a)(ii)(aa) (as amended by S.I. 2020/1453, regs. 1(2)(b), 9(27)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

II. Quality and weight grading U.K.

1. Eggs shall be graded by quality as follows: U.K.

(a)

Class A or "fresh";

(b)

Class B.

2. Class A eggs shall also be graded by weight. However, grading by weight shall not be required for eggs delivered to the food and non-food industry. U.K.

3. Class B eggs shall only be delivered to the food and non-food industry. U.K.

III. Marking of eggs U.K.

1. Class A eggs shall be marked with the producer code. U.K.

Class B eggs shall be marked with the producer code and/or with another indication.

[F841 Nothing in this Regulation prevents the appropriate authority 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 in Great Britain.]

Textual Amendments

F841 Words in Annex 7 Pt. 6 point 3 para. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(b)(i) (as amended by S.I. 2020/1453, reg. 9(27)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

2. The marking of eggs in accordance with point 1 shall take place at the production site or at the first packing centre to which eggs are delivered. U.K.

3. Eggs sold by the producer to the final consumer on a local public market in the region of production F842 ... shall be marked in accordance with point 1. U.K.

However, [F843 nothing in this Regulation prevents the appropriate authority in England, Wales or Scotland from using any power the authority has to] exempt from this requirement producers with up to 50 laying hens, provided that the name and address of the producer are indicated at the point of sale.

Textual Amendments

F843 Words in Annex 7 Pt. 6 point 3 para. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(b)(ii)(bb) (as amended by S.I. 2020/1453, reg. 9(27)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F842 Words in Annex 7 Pt. 6 point 3 para. 3 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(8)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

PART VII U.K. Spreadable fats

I. Sales description U.K.

The products referred to in point (f) of Article 78(1) may not be supplied or transferred without processing to the ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they fulfil the requirements set out in the Appendix II.

The sales descriptions of these products shall be those specified in Appendix II without prejudice to point II(2), (3) and (4).

The sales descriptions in Appendix II shall be reserved to the products defined therein with the following CN codes and having a fat content of at least 10 % but less than 90 % by weight:

(a)

milk fats falling within CN codes 0405 and ex 2106;

(b)

fats falling within CN code ex 1517;

(c)

fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106.

The fat content excluding salt shall be at least two-thirds of the dry matter.

However, those sales descriptions shall only apply to products which remain solid at a temperature of 20 °C and which are suitable for use as spreads.

These definitions shall not apply to:

(a)

the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product;

(b)

concentrated products (butter, margarine, blends) with a fat content of 90 % or more.

II. Terminology U.K.

1. The term "traditional" may be used together with the name "butter" provided for in point 1 of part A of Appendix II, where the product is obtained directly from milk or cream. U.K.

For the purposes of this point, "cream" means the product obtained from milk in the form of an emulsion of the oil-in-water type with a milk-fat content of at least 10 %.

2. Terms for products referred to in Appendix II which state, imply or suggest fat content other than those referred to in that Appendix shall be prohibited. U.K.

3. [F844 Nothing in this Regulation prevents] the term "reduced-fat" or "light" [F845 being] used for products referred to in Appendix II with a fat content of not more than 62 %. U.K.

The term "reduced-fat" and the term "light" may, however, replace the terms "three-quarter-fat" or "half-fat" used in Appendix II.

Textual Amendments

F844 Words in Annex 7 Pt. 7 point 2 para. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F845 Word in Annex 7 Pt. 7 point 2 para. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

4. The sales descriptions "minarine" or "halvarine" may be used for products referred to in point 3 of Part B of Appendix II. U.K.

5. The term "vegetable" may be used together with the sales descriptions in Part B of Appendix II, provided that the product contains only fat of vegetable origin with a tolerance of 2 % of the fat content for animal fats. This tolerance shall also apply where reference is made to a vegetable species. U.K.

PART VIII U.K. Descriptions and definitions of olive oil and olive pomace oils

The use of the descriptions and definitions of olive oils and olive pomace oils set out in this Part shall be compulsory as regards the marketing of the products concerned within [F846 Great Britain] and, insofar as compatible with international compulsory rules, in trade with [F847 other] countries.

Textual Amendments

F846 Words in Annex 7 Pt. 8 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(10)(a)(i) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(28)); 2020 c. 1, Sch. 5 para. 1(1)

F847 Word in Annex 7 Pt. 8 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Only oils referred to in points 1(a) and (b), 3 and 6 may be marketed at the retail stage.

(1) VIRGIN OLIVE OILS U.K.

"Virgin olive oils" mean oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions that do not lead to alterations in the oil, which have not undergone any treatment other than washing, decantation, centrifugation or filtration, to the exclusion of oils obtained using solvents or using adjuvants having a chemical or biochemical action, or by re-esterification process and any mixture with oils of other kinds.

Virgin olive oils are exclusively classified and described as follows:

(a)

Extra virgin olive oil

"Extra virgin olive oil" means virgin olive oil having a maximum free acidity in terms of oleic acid, of 0,8 g per 100 g, the other characteristics of which comply with those laid down F848 ... in [F849 accordance with Article 75(2)][F849 Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis and Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil,] [F850 Commission Regulation (EEC) 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis, Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil (codification) and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

(b)

Virgin olive oil

"Virgin olive oil" means virgin olive oil having a maximum free acidity in terms of oleic acid, of 2 g per 100 g, the other characteristics of which comply with those laid down F848 ... in [F851 accordance with Article 75(2)] [F851 Regulation (EEC) No 2568/91 and Regulation (EU) No 29/2012,] [F852 Regulation (EEC) 2568/91, Regulation (EU) 29/2012, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

(c)

Lampante olive oil

"Lampante olive oil" means virgin olive oil having a free acidity in terms of oleic acid, of more than 2 g per 100 g, and/or the other characteristics of which comply with those laid down F848 ... in [F853 accordance with Article 75(2)] [F853 Regulation (EEC) No 2568/91 and Regulation (EU) No 29/2012,] [F854 Regulation (EEC) 2568/91, Regulation (EU) 29/2012, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

Textual Amendments

F848 Words in Annex 7 Pt. 8 omitted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F849 Words in Annex 7 Pt. 8 point 1 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(c)(i)(aa); and words in Annex 7 Pt. 8 point 1 substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(c)(i)(aa)

F850 Words in Annex 7 Pt. 8 point 1(a) substituted (S.) for “accordance with Article 75(2)” (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(c)(i)(aa)

F851 Words in Annex 7 Pt. 8 point 1 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(c)(i)(bb); and words in Annex 7 Pt. 8 point 1 substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(c)(i)(bb)

F852 Words in Annex 7 Pt. 8 point 1(b) substituted (S.) for “accordance with Article 75(2)” (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(c)(i)(bb)

F853 Words in Annex 7 Pt. 8 point 1 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(c)(i)(bb); and words in Annex 7 Pt. 8 point 1 substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(c)(i)(bb)

F854 Words in Annex 7 Pt. 8 point 1(c) substituted (S.) for “accordance with Article 75(2)” (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(c)(i)(bb)

(2) REFINED OLIVE OIL U.K.

"Refined olive oil" means olive oil obtained by refining virgin olive oil, having a free acidity content, expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down F848 ... in [F855 accordance with Article 75(2)] [F855 Regulation (EEC) No 2568/91 and Regulation (EU) No 29/2012,] [F856 Regulation (EEC) 2568/91, Regulation (EU) 29/2012, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

Textual Amendments

F855 Words in Annex 7 Pt. 8 points 2-6 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(8)(c)(ii); and words in Annex 7 Pt. 8 points 2-6 substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(8)(c)(ii)

F856 Words in Annex 7 Pt. 8 points 2-6 substituted (S.) for “accordance with Article 75(2)” (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(12)(c)(ii)

(3) OLIVE OIL — COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE OILS U.K.

"Olive oils composed of refined olive oils and virgin olive oils" means olive oil obtained by blending refined olive oil and virgin olive oil other than lampante olive oil, having a free acidity content, expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down F848 ... in [F855 accordance with Article 75(2)][F855 Regulation (EEC) No 2568/91 and Regulation (EU) No 29/2012,][F856 Regulation (EEC) 2568/91, Regulation (EU) 29/2012, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

(4) CRUDE OLIVE-POMACE OIL U.K.

"Crude olive-pomace oil" means oil obtained from olive pomace by treatment with solvents or by physical means or oil corresponding to lampante olive oil, except for certain specified characteristics, excluding oil obtained by means of re-esterification and mixtures with other types of oils, and the other characteristics of which comply with those laid down F848 ... in [F855 accordance with Article 75(2)][F855 Regulation (EEC) No 2568/91 and Regulation (EU) No 29/2012,][F856 Regulation (EEC) 2568/91, Regulation (EU) 29/2012, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

(5) REFINED OLIVE-POMACE OIL U.K.

"Refined olive-pomace oil" means oil obtained by refining crude olive-pomace oil, having free acidity content, expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid downF848 ... in [F855 accordance with Article 75(2)][F855 Regulation (EEC) No 2568/91 and Regulation (EU) No 29/2012,][F856 Regulation (EEC) 2568/91, Regulation (EU) 29/2012, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

(6) OLIVE-POMACE OIL U.K.

"Olive-pomace oil" means oil obtained by blending refined olive-pomace oil and virgin olive oil other than lampante olive oil, having a free acidity content, expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down F848 ... in [F855 accordance with Article 75(2)][F855 Regulation (EEC) No 2568/91 and Regulation (EU) No 29/2012,][F856 Regulation (EEC) 2568/91, Regulation (EU) 29/2012, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] for this category.

Appendix I

F857 ... U.K.

Textual Amendments

F857 Annex 7 Appendix 1 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(11); 2020 c. 1, Sch. 5 para. 1(1)

Appendix II

F858 Spreadable fats

F858 . . .
F858 . . .
F858 . . .
F858 . . .
F858 . . .
F858 . . .
Fat group	Sales description	Product categories
Definitions		Additional description of the category with an indication of the % fat content by weight
A. Milk fats Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived exclusively from milk and/or certain milk products, for which the fat is the essential constituent of value. However, other substances necessary for their manufacture may be added, provided those substances are not used for the purpose of replacing, either in whole or in part, any milk constituents.	1. Butter	The product with a milk-fat content of not less than 80 % but less than 90 %, a maximum water content of 16 % and a maximum dry non-fat milk-material content of 2 %.
	2. Three-quarter fat butter	The product with a milk-fat content of not less than 60 % but not more than 62 %.
	3. Half fat butter	The product with a milk-fat content of not less than 39 % but not more than 41 %.
	4. Dairy spread X %	The product with the following milk-fat contents: less than 39 %, more than 41 % but less than 60 %, more than 62 % but less than 80 %.
B. Fats Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived from solid and/or liquid vegetable and/or animal fats suitable for human consumption, with a milk-fat content of not more than 3 % or the fat content.	1. Margarine	The product obtained from vegetable and/or animal fats with a fat content of not less than 80 % but less than 90 %.
	2. Three-quarter-fat margarine	The product obtained from vegetable and/or animal fats with a fat content of not less than 60 % but nor more than 62 %.
	3. Half-fat margarine	The product obtained from vegetable and/or animal fats with a fat content of not less than 39 % but not more than 41 %.
	4. Fat spreads X %	The product obtained from vegetable and/or animal fats with the following fat contents: less than 39 %, more than 41 % but less than 60 %, more than 62 % but less than 80 %.
C. Fats composed of plant and/or animal products Products in the form of a solid, malleable emulsion principally of the water-in-oil type, derived from solid and/or liquid vegetable and/or animals fats suitable for human consumption, with a milk-fat content of between 10 % and 80 % of the fat content.	1. Blend	The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 80 % but less than 90 %.
	2. Three-quarter-fat blend	The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 60 % but not more than 62 %.
	3. Half-fat blend	The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 39 % but not more than 41 %.
	4. Blended spread X %	The product obtained from a mixture of vegetable and/or animal fats with the following fat contents: less than 39 %, more than 41 % but less than 60 %, more than 62 % but less than 80 %.

Textual Amendments

F858 Annex 7 Appendix 2 Table footnotes omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 82(12); 2020 c. 1, Sch. 5 para. 1(1)

[X2 The milk-fat component of the products listed in this Appendix may be modified only by physical processes.]

ANNEX VIII U.K. OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 80

PART I U.K. Enrichment, acidification and de-acidification in certain wine-growing zones

A. Enrichment limits U.K.

1. Where climatic conditions have made it necessary [F859 , the Secretary of State, with the agreement of the relevant authorities for Wales and Scotland,] may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to Article 81. U.K.

Textual Amendments

F859 Words in Annex 8 Pt. 1 Section A(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(a)(i) (as amended by S.I. 2020/1453, reg. 9(30)(a)); 2020 c. 1, Sch. 5 para. 1(1)

2. The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in Section B and shall not exceed [F860 3% volume]. U.K.

Textual Amendments

F860 Words in Annex 8 Pt. 1 Section A(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F154 3. In years when climatic conditions have been exceptionally unfavourable, the limit(s) laid down in point 2 may be raised by 0,5 % by the [F861 Secretary of State, with the agreement of the relevant authorities for Wales and Scotland,] as an exception for the regions concerned. F862 ...] U.K.

Textual Amendments

F861 Words in Annex 8 Pt. 1 Section A(3) substituted (31.12.2020) by The Common Organisation of the Markets inAgricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F862 Words in Annex 8 Pt. 1 Section A(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets inAgricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

B. Enrichment processes U.K.

1. The increase in natural alcoholic strength by volume provided for in Section A shall only be effected: U.K.

(a)

in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose, concentrated grape must or rectified concentrated grape must;

(b)

in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by partial concentration, including reverse osmosis;

(c)

in respect of wine, by partial concentration through cooling.

2. The processes referred to in point 1 shall be mutually exclusive where wine or grape must is enriched with concentrated grape must or rectified concentrated grape must and an aid has been paid under Article 103y of Regulation (EC) No 1234/2007. U.K.

3. The addition of sucrose provided for in points 1(a) and (b) may only be performed by dry sugaring F863 .... U.K.

Textual Amendments

F863 Words in Annex 8 Pt. 1 Section B(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

4. The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 11 % F864 .... U.K.

Textual Amendments

F864 Words in Annex 8 Pt. 1 Section B(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

5. The concentration of grape must or of wine subjected to the processes referred to in point 1: U.K.

(a)

shall not have the effect of reducing the initial volume of these products by more than 20 %;

(b)

shall, notwithstanding point 2(c) of Section A, not increase the natural alcoholic strength of these products by more than 2 % volume.

6. The processes referred to in points 1 and 5 shall not raise the total alcoholic strength by volume of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, or [F865 wine to more than 11.5% volume]. U.K.

Textual Amendments

F865 Words in Annex 8 Pt. 1 Section B(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

7. [F866 Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for Wales and Scotland, from]: U.K.

(a)

in relation to red wine, [F867 raising] the upper limit of total alcoholic strength by volume of the products referred to in point 6 to 12 % volume F868 ...;

(b)

[F867 raising] the total alcoholic strength by volume of the products referred to in point 6 for the production of wines with a designation of origin to a level to be determined by [F869 the Secretary of State].

Textual Amendments

F867 Word in Annex 8 Pt. 1 Section B(7) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(b)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F868 Words in Annex 8 Pt. 1 Section B(7) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(b)(iv)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F869 Words in Annex 8 Pt. 1 Section B(7) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(b)(iv)(dd); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F866 Words in Annex 8 Pt. 1 Section B(7) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(b)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)

C. Acidification and de-acidification U.K.

1. Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be [F870 subject to de-acidification]. U.K.

Textual Amendments

F870 Words in Annex 8 Pt. 1 Section C(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

2. Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre. U.K.

3. Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre. U.K.

4. De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre. U.K.

5. Grape must intended for concentration may be partially de-acidified. U.K.

6. Notwithstanding point 1, in years when climatic conditions have been exceptional, [F871 the Secretary of State, with the agreement of the relevant authorities for Wales and Scotland,] may authorise acidification of the products referred to in point 1 F872 ..., under the conditions referred to in points 2 and 3. U.K.

Textual Amendments

F871 Words in Annex 8 Pt. 1 Section C(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(c)(ii)(aa) (as amended by S.I. 2020/1453, regs. 1(2)(b), 9(30)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F872 Words in Annex 8 Pt. 1 Section C(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

7. Acidification and enrichment[F873 , [F874 subject to any exceptions [F875 made under] Article 75(2)][F875 in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020]], and acidification and de-acidification of one and the same product shall be mutually exclusive processes. U.K.

Textual Amendments

F873 Words in Annex 8 Pt. 1 Section C(7) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(9)(a)(i); and words in Annex 8 Pt. 1 Section C(7) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(9)(a)(i)

F874 Words in Annex 8 Pt. 1 Section C(7) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F875 Words in Annex 8 Pt. 1 Section C(7) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(13)(a)(i)

D. Processes U.K.

1. None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions [F876 prescribed [F877 under] Article 75(2)][F877 in Regulation (EU) 2019/934][F878 in Regulation (EU) 2019/934 or in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020], at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested. U.K.

Textual Amendments

F876 Words in Annex 8 Pt. 1 Section D(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F877 Words in Annex 8 Pt. 1 Section D(1) substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(9)(a)(ii); and words in Annex 8 Pt. 1 Section D(1) substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(9)(a)(ii)

F878 Words in Annex 8 Pt. 1 Section D(1) substituted (S.) for “under Article 75(2)” (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(13)(a)(ii)

2. The concentration of wines shall take place in [F879 Great Britain]. U.K.

Textual Amendments

F879 Words in Annex 8 Pt. 1 Section D(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(d)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(30)(b)); 2020 c. 1, Sch. 5 para. 1(1)

3. Acidification and de-acidification of wines shall take place only in the wine-making undertaking F880 ... where the grapes used to produce the wine in question were harvested. U.K.

Textual Amendments

F880 Words in Annex 8 Pt. 1 Section D(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

4. Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants [F881 prescribed [F878 under] Article 75(2)][F878 in Regulation (EU) 2019/934 or in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020], at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register. U.K.

Textual Amendments

F881 Words in Annex 8 Pt. 1 Section D(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(d)(iv); 2020 c. 1, Sch. 5 para. 1(1)

5. Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 147, under cover of which the products having undergone the processes are put into circulation. U.K.

6. The processes referred to in Sections B and C, subject to derogations justified by exceptional climatic conditions, shall not be carried out: U.K.

(a)

F882 ...

(b)

F883 ... after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates.

Textual Amendments

F882 Annex 8 Pt. 1 Section D(6)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(d)(v)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F883 Words in Annex 8 Pt. 1 Section D(6)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(2)(d)(v)(bb); 2020 c. 1, Sch. 5 para. 1(1)

7. Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year. U.K.

PART II U.K. Restrictions

A. General U.K.

1. All authorised oenological practices shall exclude the addition of water, except where required on account of a specific technical necessity. U.K.

2. All authorised oenological practices shall exclude the addition of alcohol, except for practices related to obtaining fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine. U.K.

[F884 3. Wine fortified for distillation shall only be used for distillation.] U.K.

Textual Amendments

F884 Annex 8 Pt. 2 Section A para. 3 revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1 (with reg. 2(3))

B. Fresh grapes, grape must and grape juice U.K.

1. Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of preparation of products which do not fall within CN codes 2204 10, 2204 21 and 2204 29. F885 ... U.K.

Textual Amendments

F885 Words in Annex 8 Pt. 2 Section B(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

2. Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo alcoholic fermentation in [F886 Great Britain]. U.K.

Textual Amendments

F886 Words in Annex 8 Pt. 2 Section B(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(31)(b)); 2020 c. 1, Sch. 5 para. 1(1)

3. Points 1 and 2 shall not apply to products intended for the production, in F887 ... [F888 Great Britain], of products falling within CN code 2206 00 for which [F889 the Secretary of State, with the agreement of the relevant authorities for Wales and Scotland,] may allow the use of a composite name, including the sales designation 'wine'. U.K.

Textual Amendments

F887 Words in Annex 8 Pt. 2 Section B(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F888 Words in Annex 8 Pt. 2 Section B(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(iii)(cc) (as inserted by S.I. 2020/1453, regs. 1(2)(b), 9(31)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F889 Words in Annex 8 Pt. 2 Section B(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(iii)(bb) (as amended by S.I. 2020/1453, reg. 9(31)(a)); 2020 c. 1, Sch. 5 para. 1(1)

4. F890 ... U.K.

Textual Amendments

F890 Annex 8 Pt. 2 Section B(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

5. Fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or mixtures of those products, originating in [F891 other] countries, may not be turned into products referred to in Part II of Annex VII or added to such products in [F892 Great Britain]. U.K.

Textual Amendments

F891 Word in Annex 8 Pt. 2 Section B(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(v)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F892 Words in Annex 8 Pt. 2 Section B(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(a)(v)(bb) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(31)(d)); 2020 c. 1, Sch. 5 para. 1(1)

[F893 C. Blending of wines U.K.

Coupage of a wine originating in [F894 another] country with [F895 a Great Britain] wine and coupage between wines originating in [F896 other] countries shall be prohibited in [F897 Great Britain].]

Textual Amendments

F894 Word in Annex 8 Pt. 2 Section C substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F895 Words in Annex 8 Pt. 2 Section C substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(31)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F896 Word in Annex 8 Pt. 2 Section C substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F897 Word in Annex 8 Pt. 2 Section C substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(b)(iv) (as inserted by S.I. 2020/1453, regs. 1(2)(b), 9(31)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F893 Annex 8 Pt. 2 Section C revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1 (with reg. 2(3))

[F898 D. By-products U.K.

1. The over-pressing of grapes shall be prohibited. [F899 The Secretary of State, with the agreement of the relevant authorities for Wales and Scotland,] shall decide, taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of grapes. U.K.

The quantity of alcohol contained in those by-products shall be decided by [F900 the relevant authorities for England, Wales and Scotland] at a level at least equal to 5 % in relation to the volume of alcohol contained in the wine produced.

Textual Amendments

F900 Words in Annex 8 Pt. 2 Section D(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(c)(i)(bb) (as amended by S.I. 2020/1453, reg. 9(31)(f)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F899 Words in Annex 8 Pt. 2 Section D(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(c)(i)(aa) (as amended by S.I. 2020/1453, regs. 1(2)(b), 9(31)(a)); 2020 c. 1, Sch. 5 para. 1(1)

2. Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc. F901 ... U.K.

Textual Amendments

F901 Words in Annex 8 Pt. 2 Section D(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the products obtained are of sound, fair and marketable quality. U.K.

4. Piquette, where its production is authorised by the [F902 Secretary of State, with the agreement of the relevant authorities for Wales and Scotland], shall be used only for distillation or for consumption in wine-producers' households. U.K.

Textual Amendments

F902 Words in Annex 8 Pt. 2 Section D(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(c)(iii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 9(31)(a)); 2020 c. 1, Sch. 5 para. 1(1)

5. [F903 Any] natural or legal persons or groups of persons who hold by-products shall be required to dispose of them subject to conditions [F904 [F905 prescribed under] Article 75(2)][F904 set out in Article 14 of Regulation (EU) 2019/934][F906 set out in Article 14 of Regulation (EU) 2019/934 and in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020].] U.K.

Textual Amendments

F903 Word in Annex 8 Pt. 2 Section D(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(c)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F904 Words in Annex 8 Pt. 2 Section D(5) substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(9)(b); and words in Annex 8 Pt. 2 s. D(5) substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(9)(b)

F905 Words in Annex 8 Pt. 2 Section D(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 83(3)(c)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F906 Words in Annex 8 Pt. 2 Section D(5) substituted (S.) for “prescribed under Article 75(2)” (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(13)(b)

Textual Amendments

F898 Annex 8 Pt. 2 Section D revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1 (with reg. 2(3))

[F907 ANNEX IX U.K. OPTIONAL RESERVED TERMS

Textual Amendments

F907 Substituted by Commission Delegated Regulation (EU) 2016/1226 of 4 May 2016 amending Annex IX to Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the optional reserved terms for olive oil.

Product category (reference to combined nomenclature classification)	Optional reserved term
poultrymeat (CN codes 0207 and 0210 )	fed with … % of … oats fed goose extensive indoor/barn-reared free range traditional free range free range — total freedom age at slaughter length of fattening period
eggs (CN code 0407 )	fresh extra or extra fresh indication on how laying hens are fed
olive oil (CN code 1509 )	first cold pressing cold extraction acidity pungent fruitiness: ripe or green bitter robust medium delicate well-balanced mild oil]

[F908 ANNEX 9A U.K. TYPES OF DESIGNATION OF ORIGIN AND GEOGRAPHICAL INDICATION TO WHICH ARTICLE 102A APPLIES

Textual Amendments

F908 Annex 9A inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20(5), Sch. 3 Pt. 3 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(8)(b))

PART 1 U.K. Interpretation

1 In the table in Part 3: U.K.

(a)

‘Regulation 607/2009’ means Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;

(b)

‘EU Regulation 2019/34’ means Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks as it had effect before IP completion day;

(c)

‘an Article 99 notice’ means a notice published by the Secretary of State under Article 99(2) or (3);

(d)

‘the European Commission’s PDOs and PGIs Register’ means the register established and maintained by the European Commission pursuant to Article 104 of EU Regulation 1308/2013;

(e)

‘the paragraph 1 trade mark application’ means the application to register a trade mark referred to in Article 102a(1);

(f)

‘the relevant EUIA-based date’ means date determined in accordance with Part 2;

(g)

‘the relevant pre-IP completion day legislation’ means:

(i)

in the case of an application to register a designation of origin or geographical indication submitted to the European Commission under Regulation (EC) No 1234/2007, Article 118d or Article 118f(7) of that Regulation;

(ii)

in the case of an application to register a designation of origin or geographical indication submitted to the European Commission under Council Regulation (EC) No 479/2008 on the common organisation of the market in wine, Article 36(2) or Article 38(5) of that Regulation;

(iii)

in the case of an application to register a designation of origin or geographical indication submitted to the European Commission under Regulation 607/2009, paragraph 2, 3 or 4 of Article 10 of that Regulation;

(iv)

in the case of an application to register a designation of origin or geographical indication submitted to the European Commission under EU Regulation 1308/2013, Article 96(5) of that Regulation;

(v)

in the case of an application to register a designation of origin or geographical indication submitted to the European Commission under EU Regulation 2019/34, Article 3 or 4 of that Regulation;

(h)

‘the relevant trade mark application’ means the application to register a trade mark referred to in Article 102a(2) or (3)(a), as relevant.

PART 2 U.K. The relevant EUIA-based date

2 In the table in Part 3, in a case where the relevant EUIA-based date applies, the relevant EUIA-based date means: U.K.

(a)

the date provided for in paragraph 3, or

(b)

where paragraph 3 does not apply, the date provided for in the relevant point of paragraph 4, or paragraph 5, as relevant to the designation of origin or geographical indication.

3 In a case where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to a designation of origin or geographical indication contained priority provisions that applied to the designation of origin or geographical indication, the relevant EUIA-based date is the priority date provided for in the EUIA that applied to that designation of origin or geographical indication. U.K.

4 In a case of a type 3A, 3B, 4A or 4B designation of origin or geographical indication to which paragraph 3 does not apply, the relevant EUIA-based date is: U.K.

(a)

in a case where the designation of origin or geographical indication was protected in the European Union immediately before IP completion day pursuant to an amendment made to the EUIA (without the need for further action to be taken under the EUIA), the date on which the amendment entered into force;

(b)

in a case where the designation of origin or geographical indication was protected in the European Union immediately before IP completion day pursuant to a provision in the EUIA that was provisionally applied before IP completion day (without the need for further action to be taken under the EUIA), the date on which the provision was provisionally applied;

(c)

in a case where the designation of origin or geographical indication was protected in the European Union immediately before IP completion day pursuant to an amendment made to the EUIA that was provisionally applied before IP completion day (without the need for further action to be taken under the EUIA), the date on which the amendment was provisionally applied;

(d)

in a case where a designation of origin or geographical indication was protected in the European Union immediately before IP completion day following the submission and processing of a request, or application, for protection or assessment (however described) under a provision in the EUIA providing for such requests, or applications, the date on which the request, or application, for protection or assessment was submitted under the EUIA;

(e)

in any other case, including a case where the designation of origin or geographical indication was protected in the European Union immediately before IP completion day pursuant to provisions in the EUIA that applied from the date that the EUIA entered into force (without the need for further action to be taken under the EUIA), the date on which the relevant EUIA entered into force.

5 In a case of a type 5A or 5B designation of origin or geographical indication to which paragraph 3 does not apply and for which a request, or application, for protection or assessment (however described) was submitted before IP completion day under the EUIA, the relevant EUIA-based date is the date on which the request, or application, for protection or assessment was submitted under the EUIA. U.K.

6 Any reference in this Part to: U.K.

(a)

‘the priority date’ means the date provided for in priority provisions in an EUIA as the date that must be taken into account when determining whether an application for a trade mark may be granted, including:

(i)

a calendar date specified in the EUIA;

(ii)

a date relating to the happening of a specified event;

(b)

‘priority provisions’ means provisions in an EUIA that governed the relationship between trade marks and designations of origin and geographical indications that provided (however expressed):

(i)

that, in the circumstances specified in the EUIA, an application for a trade mark must be refused if the application for the trade mark was filed after a date provided for in the EUIA,

(ii)

that, in the circumstances specified in the EUIA, the registration of a trade mark must be invalidated if the application that resulted in the registration of that trade mark was filed after a date provided for in the EUIA, or

(iii)

for both the refusal of applications for trade marks, and the invalidation of the registration of trade marks, as provided for in points (i) and (ii);

(c)

‘without the need for further action to be taken under the EUIA’, in relation to a designation of origin or geographical indication protected in the European Union immediately before IP completion day pursuant to an EUIA, means that the provisions in the EUIA providing for the designation of origin or geographical indication to be protected in the European Union did not require:

(i)

a request or application (however described) to be submitted by the contracting third country under the EUIA in relation to the protection of the designation of origin or geographical indication;

(ii)

an assessment to be carried out under the EUIA in relation to the designation of origin or geographical indication.

PART 3 U.K. Types of designation of origin and geographical indication (the Types Table)

Column 1 Row No	Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication	Column 3 Type A provisions	Column 4 Type B provisions	Column 5 The column 5 date
1.	[F909 An established protected designation of origin within the meaning given by point (a) of Article 107(2) or an established protected geographical indication within the meaning given by point (b) of Article 107(2).]	Not applicable.	Not applicable.	1. In the case of a designation of origin or geographical indication that was protected under Article 118s(1) or (5) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), whichever is the later of: (a) the date on which the designation of origin or geographical indication application was first protected in the country in which the geographical area covered by the designation of origin or geographical indication is situated, or (b) 1st January 1996. 2. In the case of a designation of origin or geographical indication that was not automatically protected under Article 118s of Regulation (EC) No 1234/2007, the date on which the application that resulted in the first registration of the designation of origin or geographical indication was submitted to the European Commission under the relevant pre-IP completion day legislation.
2.	Sussex.	The designation of origin is on Great Britain’s PDOs and PGIs Register, having been entered on that register following the approval of the application to which Article 97a applied, before the day on which the paragraph 1 trade mark application is accepted or refused.	The designation of origin is not on Great Britain’s PDOs and PGIs Register and an Article 99 notice is not published in relation to the application to register the designation of origin to which Article 97a applies before the relevant trade mark application is accepted.	27th July 2017.
3.	A designation of origin or geographical indication that: (a) relates to a geographical area in a third country, (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties, and (c) must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, during the relevant period.	1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register pursuant to Article 102c(1) or the second sentence of Article 104. 2. A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, before the day on which the paragraph 1 trade mark application is accepted or refused.	A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, on or after the day on which the relevant trade mark application is accepted	The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.
4.	A designation of origin or geographical indication that: (a) relates to a geographical area in a third country, and (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties.	1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register following the approval of an application to register the designation of origin or geographical indication submitted to the Secretary of State under Article 95(1A), or Article 3 of Commission Implementing Regulation (EU) 2019/34, during the relevant period. 2. A designation of origin or geographical indication: (a) that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused, (b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 95(1A), or Article 3 of Commission Implementing Regulation (EU) 2019/34, during the relevant period, and (c) for which an Article 99 approval notice relating to the application is published before the day on which paragraph 1 trade mark application is accepted or refused.	A designation of origin or geographical indication: (a) that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted, and (b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 3 of Commission Implementing Regulation (EU) 2019/34 during the relevant period and that application: (i) is not submitted before the relevant trade mark application is accepted, or (ii) is submitted before the relevant trade mark application is accepted but for which an Article 99 notice relating to the application to register the designation of origin or geographical indication is not published before the relevant trade mark application is accepted.	The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.
5.	A designation of origin or geographical indication: (a) that relates to a geographical area in a third country, (b) for which an assessment relating to the protection of the designation of origin or geographical indication was being carried out, or a request for protection, or an application for assessment for protection, was submitted, before IP completion day in respect of the designation of origin or geographical indication under an EUIA, and (c) for which no decision was made pursuant to the EUIA before IP completion day as to whether the designation of origin or geographical indication should be protected in the European Union.	See the entry in row 4 of this column.	See the entry in row 4 of this column.	The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.
6.	A designation of origin or geographical indication: (a) that relates to a geographical area in a third country, and (b) for which an application to register the designation of origin or geographical indication was submitted to the European Commission under Article 3 of Regulation 607/2009, or Article 3 of EU Regulation 2019/34, before IP completion day that was neither refused nor resulted in the registration of the designation of origin or geographical indication on the European Commission’s PDOs and PGIs Register before IP completion day.	See the entry in row 4 of this column.	See the entry in row 4 of this column.	The date on which the application to register the designation of origin or geographical indication referred to in point (b) of column 2 was submitted to the European Commission under the relevant pre-IP completion day legislation.]

Textual Amendments

F909 Words in Annex 9A Pt. 3 Table 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), 3(4)

ANNEX X U.K. PURCHASE TERMS FOR BEET DURING THE PERIODREFERRED TO IN ARTICLE 125(3)

POINT I U.K.

1. Delivery contracts shall be made in writing for a specified quantity of beet. U.K.

2. The duration of the delivery contracts may be pluriannual. U.K.

3. Delivery contracts may specify whether an additional quantity of beet may be supplied, and under what terms. U.K.

POINT II U.K.

1. Delivery contracts shall indicate the purchase prices for the quantities of beet referred to in Point I. U.K.

2. The price referred to in paragraph 1 shall apply to sugar beet of a standard quality as defined in point B of Annex III. U.K.

The price shall be adjusted by price increases or reductions, agreed by the parties in advance, to allow for deviations from the standard quality.

3. The delivery contract shall specify how the evolution of market prices is to be allocated between the parties. U.K.

4. Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the sugar content shown in the delivery contract. U.K.

The scale shall be based on the yields corresponding to the different sugar contents.

POINT III U.K.

Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries.

POINT IV U.K.

1. Delivery contracts shall provide for beet collection places and the conditions linked to delivery and transport. U.K.

2. Delivery contracts shall provide that responsibility for loading and transport costs from the collection places are clearly stipulated. Where delivery contracts require sugar undertakings to contribute to loading and transport costs, the percentage or amounts shall be clearly stipulated. U.K.

3. Delivery contracts shall provide that the costs incumbent upon each party are clearly specified. U.K.

POINT V U.K.

1. Delivery contracts shall provide for reception points for beet. U.K.

2. Where beet sellers and sugar undertakings have already signed a delivery contract for the previous marketing year, the reception points agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision. U.K.

POINT VI U.K.

1. Delivery contracts shall provide for the sugar content to be determined using the polarimetric method or, in order to take into account technological developments, another method agreed between the two parties. A sample of the beet shall be drawn at the time of reception. U.K.

2. Agreements within the trade may provide for samples to be drawn at another stage. In such cases, the delivery contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the drawing of the sample. U.K.

POINT VII U.K.

Delivery contracts shall provide for the gross weight, tare and sugar content to be determined using procedures agreed:

(a)

jointly, by the sugar undertaking and the beet growers' trade organisation, if an agreement within the trade so provides;

(b)

by the sugar undertaking, under the supervision of the beet growers' trade organisation;

(c)

by the sugar undertaking, under the supervision of an expert recognised by the [F910 Secretary of State], provided the beet seller defrays the costs thereof.

Textual Amendments

F910 Words in Annex 10 Point 7(c) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(17); 2020 c. 1, Sch. 5 para. 1(1)

POINT VIII U.K.

1. Delivery contracts shall require sugar undertakings to do one or more of the following for the whole quantity of beet delivered: U.K.

(a)

to return the fresh pulp from the tonnage of beet delivered free of charge to the beet seller, ex-factory;

(b)

to return part of that pulp, pressed, dried or dried and molassed, free of charge to the beet seller, ex-factory;

(c)

to return the pulp, pressed or dried, to the beet seller, ex-factory; in this case, the sugar undertaking may require the beet seller to pay the pressing or drying costs;

(d)

to pay the beet seller compensation which takes account of the possibilities of selling the pulp concerned.

2. When parts of the whole quantity of beet delivered are subject to different treatment, the delivery contract shall impose more than one of the obligations provided for in paragraph 1. U.K.

3. Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in points (a), (b) and (c) of paragraph 1. U.K.

POINT IX U.K.

Delivery contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet.

POINT X U.K.

Where delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex.

POINT XI U.K.

1. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain arbitration clauses. U.K.

2. Agreements within the trade may lay down a standard template for delivery contracts compatible with this Regulation and [F911 any applicable legislation]. U.K.

Textual Amendments

F911 Words in Annex 10 Point 11 paragraph 2 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 84(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

3. Where agreements within the trade at [F912 national], regional or local level lay down rules covering matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex. U.K.

Textual Amendments

F912 Word in Annex 10 Point 11 paragraph 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 84(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

4. Agreements referred to in paragraph 3 lay down, in particular: U.K.

(a)

the conversion scale referred to in Point II(4);

(b)

rules on the choice and supply of seeds of the varieties of beet to be produced;

(c)

the minimum sugar content of beet to be delivered;

(d)

a requirement for consultation between the sugar undertaking and the beet sellers' representatives before the starting date of beet deliveries is fixed;

(e)

the payment of premiums to beet sellers for early or late deliveries;

(f)

details of the conditions and costs relating to pulp as referred to in Point VIII;

(g)

the removal of the pulp by the beet seller;

(h)

rules on adapting prices in cases where pluriannual contracts are agreed;

(i)

rules on sampling and methods for determining gross weight, tare and sugar content.

[F913 5. A sugar undertaking and the beet sellers concerned may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices of sugar or other commodity markets is to be allocated between them.] U.K.

Textual Amendments

F913 Inserted by Commission Delegated Regulation (EU) 2016/1166 of 17 May 2016 amending Annex X to Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards purchase terms for beet in the sugar sector as from 1 October 2017.

F914 ANNEX XI U.K. PURCHASE TERMS FOR BEET DURING THE PERIOD REFERRED TO IN ARTICLE 124

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

Textual Amendments

F914 Annexes 11-13 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 85; 2020 c. 1, Sch. 5 para. 1(1)

F914 ANNEX XII U.K.

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

F914 ANNEX XIII U.K. DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH ARTICLE 138

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

ANNEX XIV U.K.

CORRELATION TABLE REFERRED TO IN ARTICLE 230

a [X1 See also Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products ( OJ L 346, 20.12.2013, p. 12 ).]
b However, see Article 230.
Regulation (EC) No 1234/2007	This Regulation	Regulation (EU) No 1306/2013
Article 1	Article 1	—
Article 2(1)	Article 3(1) and (2)	—
Article 2(2)(a) and (b)	—	—
Article 2(2)(c)	Article 15(1)(a)	—
Article 3	Article 6	—
Article 4	—	—
Article 5, first paragraph	—	—
Article 5, second paragraph, first part	Article 3(4)	—
Article 5, second paragraph, second part	—	—
Article 5, third paragraph	Article 5(a)	—
Article 6	—	—
Article 7	Article 9	—
Article 8	Article 7	—
Article 9	Article 126	—
Article 10	Article 11	—
Article 11	Article 12	—
Article 12	Article 13	—
Article 13	Article 14a	—
Article 14 (deleted)	—	—
Article 15 (deleted)	—	—
Article 16 (deleted)	—	—
Article 17 (deleted)	—	—
Article 18(1) to(4)	Article 15(2)a	—
Article 18(5)	—	—
Article 19 (deleted)	—	—
Article 20 (deleted)	—	—
Article 21 (deleted)	—	—
Article 22 (deleted)	—	—
Article 23 (deleted)	—	—
Article 24 (deleted)	—	—
Article 25	Article 16(1)	—
Article 26	—	—
Article 27	—	—
Article 28	—	—
Article 29	—	—
Article 30 (deleted)	—	—
Article 31	Article 17	—
Article 32	—	—
Article 33	[Article 18]	—
Article 34	[Article 18]	—
Article 35 (deleted)	—	—
Article 36 (deleted)	—	—
Article 37	[Article 18]	—
Article 38	[Article 18]	—
Article 39	[Article 19(3)]	—
Article 40	[Article 19(5)(a) and Article 20(o)(iii)]	—
Article 41	—	—
Article 42(1)	Article 10	—
Article 42(2)	Article 20(u)	—
Article 43(a) to (f), (i), (j) and (l)	Articles 19 and 20	—
Article 43(g), (h) and (k)	—	—
Article 44	Article 220(1)(a), (2) and (3)	—
Article 45	Article 220(1)(b), (2) and (3)	—
Article 46(1)	Article 220(5)	—
Article 46(2)	Article 220(6)	—
Article 47	Article 219	—
Article 48	Article 219	—
Article 49	Article 135a	—
Article 50	Articles 125 and 127	—
Article 51	Article 128a	—
Article 52	Article 130	—
Article 52a	—	—
Article 53(a)	Article 132(c)	—
Article 53(b)	Article 130(2)	—
Article 53(c)	Article 130(6)	—
Article 54	Article 166	—
Article 55	—b	—
Article 56	Article 136	—
Article 57	Article 137	—
Article 58	—	—
Article 59	—	—
Article 60	Article 138	—
Article 61	Article 139	—
Article 62	Article 140	—
Article 63	Article 141	—
Article 64(1)	Article 142(1)	—
Article 64(2) and(3)	Article 142(2)a	—
Article 65	—b	—
[X1 Article 66	— b	—
Article 67	— b	—
Article 68	— b	—
Article 69	— b	—
Article 70	— b	—
Article 71	— b	—
Article 72	— b	—
Article 73	— b	—
Article 74	— b	—
Article 75	— b	—
Article 76	— b	—
Article 77	— b	—
Article 78	— b	—
Article 79	— b	—
Article 80	— b	—
Article 81	— b	—
Article 82	— b	—
Article 83	— b	—
Article 84	— b	—
Article 85	As regards milk: — b As regards other sectors:	—
— Article 85(a)	Article 143(1) and Article 144(a)	—
— Article 85(b)	Article 144(j)	—
— Article 85(c)	Article 144(i)	—
— Article 85(d)	—	—]
Article 85a	—a	—
Article 85b	—a	—
Article 85c	—a	—
Article 85d	—a	—
Article 85e	—a	—
Article 85f	—a	—
Article 85g	—a	—
Article 85h	—a	—
Article 85i	—a	—
Article 85j	—a	—
Article 85k	—a	—
Article 85l	—a	—
Article 85m	—a	—
Article 85n	—a	—
Article 85o	—	—
Article 85p	—	—
Article 85q	—	—
Article 85r	—	—
Article 85s	—	—
Article 85t	—	—
Article 85u	—	—
Article 85v	—	—
Article 85w	—	—
Article 85x	—	—
Article 86 (deleted)	—	—
Article 87 (deleted)	—	—
Article 88 (deleted)	—	—
Article 89 (deleted)	—	—
Article 90 (deleted)	—	—
Article 91	—	—
Article 92	—	—
Article 93	—	—
Article 94	—	—
Article 94a	—	—
Article 95	—	—
Article 95a	—	—
Article 96 (deleted)	—	—
Article 97	Article 129a	—
Article 98	—a	—
Article 99	—	—
Article 100	—	—
Article 101 (deleted)	—	—
Article 102	Article 26a	—
Article 102(2)	Article 217	—
Article 102a	Article 58	—
Article 103	Articles 29, 30 and 31	—
Article 103a	—	—
Article 103b	Article 32	—
Article 103c	Article 33	—
Article 103d	Article 34	—
Article 103e	Article 35	—
Article 103f	Article 36	—
[X1 Article 103g	Article 33(1), Article 37(a) and Article 38(b)	—]
Article 103ga	Article 23	—
Article 103ga(7)	Article 217	—
Article 103h(a) to (e)	Articles 37 and 38	—
Article 103h(f)	Articles 24 and 25	—
Article 103i	Article 39	—
Article 103j	Article 40	—
Article 103k	Article 41	—
Article 103l	Article 42	—
Article 103m	Article 43	—
Article 103n	Article 44	—
Article 103n(4)	Article 212	—
Article 103o	—	—
Article 103p	Article 45	—
Article 103q	Article 46	—
Article 103r	Article 47	—
Article 103s	Article 48	—
Article 103t	Article 49	—
Article 103u(1)(a)	Article 50	—
Article 103u(1)(b)	Article 51	—
Article 103u(2) to (5)	Article 52	—
Article 103v	Article 50	—
Article 103w	—	—
Article 103x	—	—
Article 103y	—	—
Article 103z	—	—
Article 103za	Articles 53 and 54	—
Article 104	—	—
Article 105(1)	Article 55(1)	—
Article 105(2)	Article 215	—
Article 106	Article 55(4)	—
Article 107	Article 55(3)	—
Article 108(1)	Article 55(2)	—
Article 108(2)	—	—
Article 109, first sentence	Article 55(1), last sentence	—
Article 110	Articles 56 and 57	—
Article 111	—	—
Article 112	—	—
Article 113(1)	Article 75(1)(a) to (e) and (2)	—
Article 113(2)	Article 75(5)	—
Article 113(3), first subparagraph	Article 74	—
Article 113(3), second subparagraph	—	Article 89
Article 113a(1) to (3)	Article 76	—
[X1 Article 113a(4)	— b	—
Article 113b	Article 78	—]
Article 113c	Article 167	—
Article 113d(1), first subparagraph	Article 78(1) and (2)	—
Article 113d(1), second subparagraph	Annex VII, Part II(1)	—
Article 113d(2)	Article 78(3)	—
Article 113d(3)	Article 82	—
[X1 Article 114	Article 78(1) b	—
Article 115	Article 78(1), Article 75(1)(h) b	—
Article 116	Article 78(1), Article 75(1)(f) and (g) b	—]
Article 117	Article 77	—
Article 118	Article 78(1)	—
Article 118a	Article 92	—
Article 118b	Article 93	—
Article 118c	Article 94	—
Article 118d(1)	Article 94(3)	—
Article 118d(2) and (3)	[Article 109(3)]	—
Article 118e	Article 95	—
Article 118f	Article 96	—
Article 118g	Article 97	—
Article 118h	Article 98	—
Article 118i	Article 99	—
Article 118j	Article 100	—
Article 118k	Article 101	—
Article 118l	Article 102	—
Article 118m	Article 103	—
Article 118n	Article 104	—
[X1 Article 118o	—	Article 90(2)
Article 118p	—	Article 90(3)]
Article 118q	Article 105	—
Article 118r	Article 106	—
Article 118s	Article 107	—
Article 118t	Article 108	—
Article 118u	Article 112	—
Article 118v	Article 113	—
Article 118w	Article 117	—
Article 118x	Article 118	—
Article 118y	Article 119	—
Article 118z	Article 120	—
Article 118za	Article 121	—
Article 118zb	—	—
Article 119	—	—
Article 120	—	—
Article 120a	Article 81	—
Article 120b	—	—
Article 120c	Article 80	—
Article 120d, first subparagraph	Article 83(2)	—
Article 120d, second subparagraph	[Article 223]	—
Article 120e(1)	Article 75(3) and (4)	—
Article 120e(2)	Article 83(3) and (4)	—
Article 120f	Article 80(3)	—
Article 120g	Article 80(5) and Article 91(c)	—
Article 121(a)(i)	Article 75(2)	—
Article 121(a)(ii)	Article 75(3)	—
Article 121(a)(iii)	Article 89	—
Article 121(a)(iv)	Article 75(2) and Article 91(b)	—
Article 121(b)	Article 91(a), Article 78(3)	—
Article 121(c)(i)	Article 91(a)	—
Article 121(c)(ii) and (iii)	Article 91(d)	—
Article 121(c)(iv)	[Article 223]	—
Article 121(d)(i)	Article 78(1)	—
Article 121(d)(ii) to (v) and (vii)	Article 75(2) and (3)	—
Article 121(d)(vi)	Article 89	—
Article 121(e)(i)	Article 78(1)	—
Article 121(e)(ii) to (v), (vii)	Article 75(2) and (3)	—
Article 121(e)(vi)	Article 75(2)	—
Article 121(f)(i)	Article 78(1)	—
Article 121(f)(ii), (iii) and (v)	Article 75(3)	—
Article 121(f)(iv) and (vii)	Article 91(g)	—
Article 121(f)(vi)	[Article 223]	—
Article 121(g)	Article 75(3)	—
Article 121(h)	Article 91(d)	—
Article 121(i)	—	—
Article 121(j)(i)	Article 75(3)	—
Article 121(j)(ii)	Article 91(d)
Article 121(k)	Article 122	—
Article 121(l)	Articles 114, 115 and 116	—
Article 121(m)	Article 122	—
Article 121, second paragraph	Article 78(3)	—
Article 121, third paragraph	Article 75(3) and (4)	—
Article 121, fourth paragraph, (a) to (f)	Article 75(3)	—
Article 121, fourth paragraph, (g)	Article 75(3)(m)	—
Article 121, fourth paragraph, (h)	Article 80(4)	—
[X1 Article 122	Articles 152 and 160	—]
Article 123	Article 157	—
Article 124	—	—
Article 125	—	—
[X1 Article 125a	Articles 153 and 160	—]
Article 125b	Article 154	—
Article 125c	Article 156	—
Article 125d	Article 155	—
Article 125e	—	—
Article 125f	Article 164	—
Article 125g	Article 164(6)	—
Article 125h	Article 175(d)	—
Article 125i	Article 165	—
Article 125j	Article 164	—
Article 125k	Article 158	—
Article 125l	Article 164	—
Article 125m	Article 164(6) [and Article 175(d)]	—
Article 125n	Article 165	—
Article 125o	Articles 154 and 158	—
Article 126	Article 165	—
Article 126a(1), (3) and (4)	Article 161	—
Article 126a(2)	Article 156(2)
[X1 Article 126b	Article 163	—]
Article 126c	Article 149	—
Article 126d	Article 150	—
Article 126e	Article 173(2) and Article 174(2)	—
Article 127	Article 173	—
Article 128	—	—
Article 129	—	—
Article 130	Article 176(1)	—
Article 131	Article 176(2)	—
Article 132	Article 176(3)	—
Article 133	[Article 177(2)(e)]	—
Article 133a(1)	Article 181	—
Article 133a(2)	Article 191	—
Article 134	Articles 177 and 178	—
Article 135	—	—
Article 136	[Article 180]	—
Article 137	[Article 180]	—
Article 138	[Article 180]	—
Article 139	[Article 180]	—
Article 140	[Article 180]	—
Article 140a	Article 181	—
Article 141	Article 182	—
Article 142	Article 193	—
Article 143	Article 180	—
Article 144	Article 184	—
Article 145	Article 187(a)	—
Article 146(1)	—	—
Article 146(2)	Article 185	—
Article 147	—	—
Article 148	Article 187	—
Article 149	[Article 180]	—
Article 150	[Article 180]	—
Article 151	[Article 180]	—
Article 152	[Article 180]	—
Article 153	Article 192	—
Article 154	—	—
Article 155	—	—
Article 156	Article 192(5)	—
Article 157	Article 189	—
Article 158	Article 190	—
Article 158a	Article 90	—
Article 159	Article 194	—
Article 160	Article 195	—
Article 161	Articles 176, 177, 178 and 179	—
Article 162	Article 196	—
Article 163	Article 197	—
Article 164(1)	Article 198(1)	—
Article 164(2) to (4)	Article 198(2)a	—
Article 165	—a	—
Article 166	—a	—
Article 167	Article 199	—
Article 168	Article 200	—
Article 169	Article 201	—
Article 170	Articles 202 and 203	—
Article 171	Article 184	—
Article 172	[Article 186(2)]	—
Article 173	—	—
Article 174	Article 205	—
Article 175	Article 206	—
Article 176	Article 209	—
Article 176a	Article 210	—
Article 177	Article 210	—
Article 177a	Article 210	—
Article 178	Article 164	—
Article 179	Article 210(7)	—
Article 180	Article 211	—
Article 181	Article 211	—
Article 182(1)	Article 213	—
Article 182(2)	—	—
Article 182(3), third subparagraph	Article 214	—
Article 182(3), first, second and fourth subparagraph	—	—
Article 182(4) to (7)	—	—
Article 182a	Article 216	—
Article 183	—	—
Article 184(1)	—	—
Article 184(2)	Article 225(a)	—
Article 184(3) to (8)	—	—
Article 184(9)	Article 225(b)	—
Article 185	—	—
Article 185a	Article 145	—
Article 185b	Article 223	—
Article 185c	Article 147	—
Article 185d	Article 146	—
Article 185e	Article 151	—
Article 185f	Article 148	—
Article 186	Article 219	—
Article 187	Article 219	—
Article 188	Article 219	—
Article 188a(1) and (2)	—a	—
Article 188a(3) and (4)	—	—
Article 188a(5) to (7)	[Article 223]	—
Article 189	[Article 223]	—
Article 190	—	—
Article 190a	—	—
Article 191	Article 221	—
Article 192	Article 223	—
Article 193	—	—
Article 194	—	Articles 62 and 64
Article 194a	—	Article 61
Article 195	Article 229	—
Article 196	—	—
Article 196a	Article 227	—
Article 196b	Article 229	—
Article 197	—	—
Article 198	—	—
Article 199	—	—
Article 200	—	—
Article 201	230(1) and (3)	—
Article 202	230(2)	—
Article 203	—	—
Article 203a	Article 231	—
Article 203b	Article 231	—
Article 204	Article 232	—
Annex I	Annex I (Parts I to XX, XXIV/1)	—
Annex II	Annex I (Parts XXI to XXIII)	—
Annex III	Annex II	—
Annex IV	Annex III	—
Annex V	Annex IV	—
Annex VI	Annex XII	—
Annex VII	—	—
Annex VIIa	—	—
Annex VIIb	—	—
Annex VIIc	—	—
Annex VIII	Annex XIII	—
Annex IX	—a	—
Annex X	—a	—
Annex Xa	—	—
Annex Xb	Annex VI	—
Annex Xc	—	—
Annex Xd	—	—
Annex Xe	—	—
Annex XI	—	—
Annex XIa	Annex VII, Part I	—
Annex XIb	Annex VII, Part II	—
Annex XII	Annex VII, Part III	—
Annex XIII	Annex VII, Part IV	—
[X1 Annex XIV.A, points I, II and III	Annex VII, Part VI	—
Annex XIV.A, point IV	Article 89	—]
Annex XIV.B	Annex VII, Part V	—
Annex XIV.C	Article 75(2) and (3)a	—
Annex XV	Annex VII, Part VII	—
Annex XVa	Annex VIII, Part I	—
Annex XVb	Annex VIII, Part II	—
Annex XVI	Annex VII, Part VIII	—
Annex XVIa	[Article 173(1)(i)]	—
Annex XVII	[Article 180]	—
Annex XVIII	[Article 180]	—
Annex XIX	—	—
Annex XX	—	—
Annex XXI	—	—
Annex XXII	Annex XIV	—

(1)

Opinion of 8 March 2012 (not yet published in the Official Journal).

(2)

OJ C 191, 29.6.2012, p. 116, and OJ C 44, 15.2.2013, p. 158.

(3)

OJ C 225, 27.7.2012, p. 174.

(4)

Position of the European Parliament of 20 November 2013 (not yet published in the Official Journal).

(5)

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

(6)

Regulation (EU) No 1306/2013 of the European Parliament and of Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (See page 549 of this Official Journal).

(7)

Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products (OJ L 34, 9.2.1979, p. 2).

(8)

Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).

(9)

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(10)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(11)

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(12)

OJ C 35, 9.2.2012, p. 1.

(13)

OJ C 373, 20.12.2013, p. 1.

(14)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(15)

OJ L 112, 24.4.2012, p. 21.

(16)

Council Regulation (EEC) No 922/72 laying down general rules for granting aid in respect of silkworms for the 1972/73 rearing year (OJ L 106, 5.5.1972, p. 1).

(17)

Council Regulation (EC) No 1601/96 of 30 July 1996 laying down, in respect of hops, the amount of aid to producers for the 1995 harvest (OJ L 206, 16.8.1996, p. 46).

(18)

Council Regulation (EC) No 1037/2001 of 22 May 2001 authorising the offer and delivery for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999 (OJ L 145, 31.5.2001, p. 12).

(19)

Council Decision 2006/232/EC of 20 December 2005 on the conclusion of the Agreement between the European Community and the United States of America on trade in wine (OJ L 87, 24.3.2006, p. 1).

(20)

Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (See page 608 of this Official Journal)

(21)

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (See page 487 of this Official Journal).

(22)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (See page 85 of this Official Journal).

(23)

[F105 Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ( OJ L 354, 31.12.2008, p. 16 ).]

(24)

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

(25)

Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

(26)

[X1 Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( OJ L 302, 19.10.1992, p. 1 ).]

(27)

[X1 Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( OJ L 253, 11.10.1993, p. 1 ).]

(28)

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).

(29)

Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (OJ L 185, 17.7.2009, p. 1).

(30)

Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin (OJ L 181, 14.7.2009, p. 8).

(31)

Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).

(32)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

(33)

Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004, p. 206).

(34)

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1).

(35)

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

(36)

Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (OJ L 404, 30.12.2006, p. 26).

(37)

Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (OJ L 40, 11.2.1999, p. 34).

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F105 Substituted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.