1.[F1Nothing 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. [F2Any 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 F3... certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.
F42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words 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)
F2Words 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)
F3Words 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)