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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

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Regulation (EU) No 1308/2013 of the European Parliament and of the Council, TITLE I is up to date with all changes known to be in force on or before 11 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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TITLE IU.K. MARKET INTERVENTION

CHAPTER IU.K.Public intervention and aid for private storage

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

Article 8U.K.Scope

This Chapter lays down rules on market intervention concerning:

(a)

public intervention, where products are bought in by the [F1appropriate authority] and stored by [F2it] until disposed of; and

(b)

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

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 9U.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 [F3United Kingdom]. In addition, if they come from crops, those crops shall have been harvested in the [F3United Kingdom], and if they come from milk, that milk shall have been produced in the [F3United Kingdom].

[F4In 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.]

[F5In 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

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 10U.K. F6... Scales for the classification of carcasses

F7... 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, [F8the appropriate authority] may apply a F9... scale for the classification of sheep carcasses in accordance with the rules laid down in point C of Annex IV.

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 2U.K.Public intervention

Article 11U.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 [F10prescribed in legislation made [F11pursuant to Articles 19 or 20][F11under 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 [F12United 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 [F13United Kingdom] by the spray process, with a minimum protein content of 34,0 % by weight of the fat free dry matter.

[F14This 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.]

[F15This 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

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 12U.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.

[F16This 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.]

[F17This 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

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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)

[F18Article 13U.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 [F19Article 7(1)][F19Article 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].

[F204A. 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.

[F216.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.]]

[F227.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

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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)

[F18Article 14U.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.]

[F23This 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.]

[F24This 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

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 15U.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.

[F252.The appropriate authority may make regulations fixing the level of the public intervention price, including the amounts of increases and reductions.]

[F263.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.]

[F274.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

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 16U.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 [F28to which the United Kingdom is a party].

F292.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.Each year the [F30appropriate authority] shall publish details of the conditions under which products bought in under public intervention were sold in the previous year.

[F314.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.]

[F325.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

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 3U.K.Aid for private storage

Article 17U.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 [F33prescribed in legislation made [F34pursuant to Articles 18, 19 or 20][F34under 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.

[F35The second paragraph does not apply in relation to England.]

[F36The second paragraph ceases to apply in relation to Scotland on 1 July 2023.]

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 18U.K.Conditions for granting aid

1.In order to provide for market transparency, the [F37appropriate 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 F38... market prices [F39in 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 [F40appropriate 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.

F41...

F423.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1Arts. 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)

C2Arts. 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

C3Arts. 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)

C4Arts. 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)

C5Arts. 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 4U.K.Common provisions on public intervention and aid for private storage

Article 19U.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 [F43appropriate 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 [F44appropriate 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 [F45appropriate authority may make regulations] laying down:

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

F46(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F473A.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.]

[F483B.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 [F49appropriate 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 [F50appropriate 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 F51... operators;

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

[F525A.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.]

[F535C.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 [F54appropriate authority may make regulations]:

(a)adapting and updating the provisions of Annex IV on the F55... 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 [F56prices 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 [F57applying] 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;

[F58(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.]

[F59This 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).]

[F60This 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).]

[F61This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Wales [F62(see section 35(1) of the Agriculture (Wales) Act 2023)].]

[F637.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”.]

[F648.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

Modifications etc. (not altering text)

C4Arts. 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 20U.K.Implementing powers in accordance with the examination procedure

The [F65appropriate 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 [F66constituent 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 releasedF67...;

(j)

in respect of products bought in under public intervention, the provisions relating to the possibility for [F68the 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 F69... 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 F70...;

(p)

the implementation of F71... 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 F72... 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 [F73of the weighted average price in the United Kingdom] for beef, pig and sheep carcasses;

(t)

[F74provision] 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 [F75the 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)

F76...

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F78Points (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).]

[F79Points (p) to (t) do not apply in relation to slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F80Points (p) to (t) do not apply in relation to slaughterhouses in Wales [F81(see section 35(1) of the Agriculture (Wales) Act 2023)].]

[F82This 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.]

[F83This 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

Modifications etc. (not altering text)

C4Arts. 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 21U.K.Other implementing powers

[F84This Article does not apply to the classification of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).]

[F85This Article does not apply to the classification of carcasses by slaughterhouses in Wales [F86(see section 35(1) of the Agriculture (Wales) Act 2023)].]

[F87This 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).]

[F88By 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.

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C4Arts. 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

[F90Section 1 U.K. Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments

Article 22U.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 [F91relevant authority].

Textual Amendments

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

1.[F92Aid 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 [F93appropriate authority may make regulations setting ] limits for the proportion of F94... 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.[F95The relevant authority may], taking into account [F96circumstances 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 [F97the 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 [F98the 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, [F99it] may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the [F100aid 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.

[F101The 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(1).

Notwithstanding the first subparagraph of this paragraph, [F102the relevant authority] may, after [F103consulting 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.

F1047.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.[F105The 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.

[F106Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ]

9.[F107The relevant authority] shall determine in [F108its strategy] the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. [F109In drawing up that list, the relevant authority must consult, where appropriate, the public bodies responsible for health and nutrition in the constituent nation. ]

10.[F110The 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.[F111The 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 [F112United Kingdom]. [F111The 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.

[F113The relevant authority] may consider, in [F114its strategy], prioritising sustainability and fair-trade considerations.

Textual Amendments

Article 23aU.K. [F115Publicity] provisions

F1161.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1162.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1163.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1164.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1165.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1166.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1167.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.[F117During 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.] [F118The relevant authority] may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. [F118The relevant authority] shall ensure the added value and the visibility of the F119... school scheme in relation to the provision of other meals in educational establishments.

Textual Amendments

Article 24U.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 [F120appropriate 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 F121...;

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

2.[F122In 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 [F123appropriate 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 [F124appropriate authority may make regulations] in order to define the maximum levels for added sugar, added salt and added fat which may be allowed F125... 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 [F126the 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 [F127appropriate 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.

F1286.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

The [F129appropriate 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 [F130the 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)

[F131the format and content of monitoring and evaluation reports]

(e)

F132...

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Textual Amendments

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

F134Article 29U.K.Programmes to support the olive oil and table olives sector

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

Textual Amendments

F134Article 30U.K.Delegated powers

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

Textual Amendments

F134Article 31U.K.Implementing powers in accordance with the examination procedure

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

Textual Amendments

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

Article 32U.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)F135... financial assistance [F136under 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 [F137specified 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 [F138the relevant authority].

Textual Amendments

Modifications etc. (not altering text)

C6Arts. 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)

Article 33E+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;

[F139(f)crisis prevention and management. F140...]

Operational programmes shall be submitted to the [F141relevant authority for its approval].

[F142Operational 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 [F143relevant 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:

F144(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)training measures and exchanges of best practices;

[F139(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;]

F145(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)harvest insurance[F139;]

F146(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 F147... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F1484.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F149The 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.

[F139Environmental 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.[F150The 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

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

Modifications etc. (not altering text)

C6Arts. 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)

Article 33SOperational programmes

[F2021.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 [F203relevant 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:

F204(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)training measures and exchanges of best practices;

[F205(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;]

F206(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F206(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F206(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)harvest insurance[F205;]

F207(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 F208... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F2094.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F210The 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.

[F205Environmental 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.[F211The 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

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

Modifications etc. (not altering text)

Article 34U.K.F151... Financial assistance

1.The F152... 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 F153... 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:

F154(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(2);

(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;

F155(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1574.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C6Arts. 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)

[F158Article 35U.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

Modifications etc. (not altering text)

C6Arts. 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)

Article 36U.K.[F159Framework and] strategy for operational programmes

1.[F160The 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. [F161Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole.]

F162...

2.[F163The 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 F164... strategy shall also integrate the F164... framework referred to in paragraph 1.

F1653.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C6Arts. 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)

Article 37U.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 [F166appropriate 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 [F167any 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)

F168... financial assistance, concerning:

(i)

the basis for the calculation of F168... 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 [F169the relevant authority] not to apply one or more crisis prevention and management measures;

(ii)

[F139conditions relating to points [F170(b) and (c)] of the first subparagraph of Article 33(3);]

(iii)

F171...

(iv)

F171...

(v)

F171...

(vi)

F171...

(vii)

F171...

(viii)

the conditions for the recipients of withdrawn products;

(ix)

the use of terms for the purposes of this Section;

(x)

F172...

(xi)

harvest insurance;

(xii)

mutual funds; and

(xiii)

F173...

(e)

[F174additional] financial assistance, concerning:

(i)

the degree of organisation of producers;

(ii)

the requirement to lodge a security where an advance payment is made;

(iii)

F175...

Textual Amendments

Modifications etc. (not altering text)

C6Arts. 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)

Article 38U.K.Implementing powers in accordance with the examination procedure

The [F176appropriate authority may make regulations] laying down measures concerning:

(a)

the management of operational funds;

(b)

the information to be contained in operational programmes, F177... frameworks and F177... strategies referred to in Article 36, the submission of operational programmes to [F178the relevant authority], time limits, accompanying documents and approval by [F178the 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 F179... strategies and operational programmes;

(e)

aid applications and payments of aid, including advance and partial payments of aid;

(f)

F180...

(g)

F180...

(h)

F180...

(i)

[F139promotion, communication, [F181and training] measures in cases of crisis prevention and management;]

(j)

the implementation of F182... harvest insurance measures;

(k)

F183...

(l)

the procedures for, and the amount of, the security to be lodged where an advance payment is made.

F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C6Arts. 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)

Section 4U.K.Support programmes in the wine sector

Subsection 1U.K.General provisions and eligible measures
F185Article 39U.K.Scope

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Textual Amendments

F185Article 40U.K.Compatibility and consistency

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

Textual Amendments

F185Article 41U.K.Submission of support programmes

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Textual Amendments

F185Article 42U.K.Content of support programmes

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

Textual Amendments

F185Article 43U.K.Eligible measures

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Textual Amendments

F185Article 44U.K.General rules concerning support programmes

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

Textual Amendments

Subsection 2U.K.Specific support measures
F185Article 45U.K.Promotion

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

Textual Amendments

F185Article 46U.K.Restructuring and conversion of vineyards

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

Textual Amendments

F185Article 47U.K.Green harvesting

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Textual Amendments

F185Article 48U.K.Mutual funds

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Textual Amendments

F185Article 49U.K.Harvest insurance

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

Textual Amendments

F185Article 50U.K.Investments

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

Textual Amendments

F185Article 51U.K.Innovation in the wine sector

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

Textual Amendments

F185Article 52U.K.By-product distillation

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

Textual Amendments

Subsection 3U.K.Procedural provisions
F185Article 53U.K.Delegated powers

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

Textual Amendments

F185Article 54U.K.Implementing powers in accordance with the examination procedure

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

Textual Amendments

Section 5 U.K. Aid in the apiculture sector

Article 55U.K.[F186Programmes] and financing

1.With a view to improving general conditions for the production and marketing of apiculture products, [F187the appropriate authority] may draw up [F188programmes 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.

[F189By 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.]

F1902.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.[F191Before 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 [F192the 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 F193...;

(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

Modifications etc. (not altering text)

C9Arts. 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)

C10Arts. 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

C11Arts. 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 56U.K.Delegated powers

[F1941.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 [F195any] 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 [F196appropriate authority may make regulations] to update the list of measures referred to in Article 55(4) that may be included in F197... 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 F198... programmes adopted prior to the entry into force of [F199those provisions].

Textual Amendments

Modifications etc. (not altering text)

C9Arts. 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)

C10Arts. 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

C11Arts. 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)

[F200Article 57U.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

Modifications etc. (not altering text)

C9Arts. 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)

C10Arts. 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

C11Arts. 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 6U.K.Aid in the hops sector

F201Article 58U.K.Aid to producer organisations

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

Textual Amendments

F201Article 59U.K.Delegated powers

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

Textual Amendments

F201Article 60U.K.Implementing powers in accordance with the examination procedure

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

Textual Amendments

CHAPTER IIIU.K.Scheme of authorisations for vine plantings

F201Article 61U.K.Duration

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

Textual Amendments

Section 1U.K.Management of the scheme of authorisations for vine plantings

F201Article 62U.K.Authorisations

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

Textual Amendments

F201Article 63U.K.Safeguard mechanism for new plantings

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

Textual Amendments

F201Article 64U.K.Granting of authorisations for new plantings

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

Textual Amendments

F201Article 65U.K.Role of professional organisations

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

Textual Amendments

F201Article 66U.K.Replantings

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

Textual Amendments

F201Article 67U.K.De minimis

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

Textual Amendments

F201Article 68U.K.Transitional provisions

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

Textual Amendments

F201Article 69U.K.Delegated powers

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

Textual Amendments

F201Article 70U.K.Implementing powers in accordance with the examination procedure

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

Textual Amendments

Section 2U.K.Control of the scheme of authorisations for vine plantings

F201Article 71U.K.Non-authorised plantings

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

Textual Amendments

F201Article 72U.K.Implementing powers in accordance with the examination procedure

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

Textual Amendments

(1)

[F90Regulation (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 ).]

(2)

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).

Textual Amendments

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