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

CHAPTER II U.K. Aid schemes

[F1 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 [F2 relevant authority].

Textual Amendments

F2 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. [F3 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 [F4 appropriate authority may make regulations setting ] limits for the proportion of F5 ... 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. [F6 The relevant authority may], taking into account [F7 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 [F8 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 [F9 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, [F10 it] may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the [F11 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.

[F12 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(1).

Notwithstanding the first subparagraph of this paragraph, [F13 the relevant authority] may, after [F14 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.

F15 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F16 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.

[F17 Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ]

9. [F18 The relevant authority] shall determine in [F19 its strategy] the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. [F20 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. [F21 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. [F22 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 [F23 United Kingdom]. [F22 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.

[F24 The relevant authority] may consider, in [F25 its strategy], prioritising sustainability and fair-trade considerations.

Textual Amendments

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)

F15 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)

F16 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)

F17 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)

F18 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)

F19 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)

F20 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)

F21 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)

F22 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)

F23 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)

F24 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)

F25 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. [F26 Publicity] provisions

F27 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F28 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.] [F29 The relevant authority] may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. [F29 The relevant authority] shall ensure the added value and the visibility of the F30 ... school scheme in relation to the provision of other meals in educational establishments.

Textual Amendments

F26 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)

F27 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)

F28 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)

F29 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)

F30 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 [F31 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 F32 ...;

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

2. [F33 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 [F34 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 [F35 appropriate authority may make regulations] in order to define the maximum levels for added sugar, added salt and added fat which may be allowed F36 ... 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 [F37 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 [F38 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.

F39 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 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)

F32 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)

F33 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)

F34 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)

F35 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)

F36 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)

F37 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)

F38 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)

F39 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 [F40 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 [F41 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)

[F42 the format and content of monitoring and evaluation reports]

(e)

F43 ...

F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F40 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)

F41 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)

F42 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)

F43 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)

F44 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

F1 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

F45 Article 29 U.K. Programmes to support the olive oil and table olives sector

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

Textual Amendments

F45 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)

F45 Article 30 U.K. Delegated powers

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

Textual Amendments

F45 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)

F45 Article 31 U.K. Implementing powers in accordance with the examination procedure

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

Textual Amendments

F45 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) F46 ... financial assistance [F47 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 [F48 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 [F49 the relevant authority].

Textual Amendments

F46 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)

F47 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)

F48 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)

F49 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)

C1 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)

C2 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 U.K. 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;

[F50 (f) crisis prevention and management. F51 ...]

Operational programmes shall be submitted to the [F52 relevant authority for its approval].

[F53 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 [F54 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:

F55 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) training measures and exchanges of best practices;

[F50 (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;]

F56 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) harvest insurance[F50 ;]

F57 (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 F58 ... financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

F59 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. [F60 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.

[F50 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. [F61 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.

Textual Amendments

F50 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.

F51 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)

F52 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)

F53 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.

F54 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)

F55 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)

F56 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)

F57 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)

F58 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)

F59 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)

F60 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)

F61 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)

C1 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)

C2 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. F62 ... Financial assistance

1. The F63 ... 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 F64 ... 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:

F65 (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;

F66 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 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)

F63 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)

F64 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)

F65 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)

F66 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)

F67 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)

F68 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)

C1 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)

C2 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)

[F69 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

F69 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)

C1 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)

C2 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. [F70 Framework and] strategy for operational programmes

1. [F71 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. [F72 Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole.]

F73 ...

2. [F74 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 F75 ... strategy shall also integrate the F75 ... framework referred to in paragraph 1.

F76 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 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)

F71 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)

F72 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)

F73 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)

F74 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)

F75 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)

F76 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)

C1 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)

C2 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 [F77 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 [F78 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)

F79 ... financial assistance, concerning:

(i)

the basis for the calculation of F79 ... 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 [F80 the relevant authority] not to apply one or more crisis prevention and management measures;

(ii)

[F50 conditions relating to points [F81 (b) and (c)] of the first subparagraph of Article 33(3);]

(iii)

F82 ...

(iv)

F82 ...

(v)

F82 ...

(vi)

F82 ...

(vii)

F82 ...

(viii)

the conditions for the recipients of withdrawn products;

(ix)

the use of terms for the purposes of this Section;

(x)

F83 ...

(xi)

harvest insurance;

(xii)

mutual funds; and

(xiii)

F84 ...

(e)

[F85 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)

F86 ...

Textual Amendments

F50 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.

F77 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)

F78 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)

F79 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)

F80 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)

F81 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)

F82 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)

F83 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)

F84 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)

F85 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)

F86 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)

C1 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)

C2 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 [F87 appropriate authority may make regulations] laying down measures concerning:

(a)

the management of operational funds;

(b)

the information to be contained in operational programmes, F88 ... frameworks and F88 ... strategies referred to in Article 36, the submission of operational programmes to [F89 the relevant authority], time limits, accompanying documents and approval by [F89 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 F90 ... strategies and operational programmes;

(e)

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

(f)

F91 ...

(g)

F91 ...

(h)

F91 ...

(i)

[F50 promotion, communication, [F92 and training] measures in cases of crisis prevention and management;]

(j)

the implementation of F93 ... harvest insurance measures;

(k)

F94 ...

(l)

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

F95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 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.

F87 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)

F88 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)

F89 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)

F90 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)

F91 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)

F92 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)

F93 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)

F94 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)

F95 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)

C1 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)

C2 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

F96 Article 39 U.K. Scope

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

Textual Amendments

F96 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)

F96 Article 40 U.K. Compatibility and consistency

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

Textual Amendments

F96 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)

F96 Article 41 U.K. Submission of support programmes

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

Textual Amendments

F96 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)

F96 Article 42 U.K. Content of support programmes

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

Textual Amendments

F96 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)

F96 Article 43 U.K. Eligible measures

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

Textual Amendments

F96 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)

F96 Article 44 U.K. General rules concerning support programmes

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Textual Amendments

F96 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

F96 Article 45 U.K. Promotion

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Textual Amendments

F96 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)

F96 Article 46 U.K. Restructuring and conversion of vineyards

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Textual Amendments

F96 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)

F96 Article 47 U.K. Green harvesting

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Textual Amendments

F96 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)

F96 Article 48 U.K. Mutual funds

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Textual Amendments

F96 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)

F96 Article 49 U.K. Harvest insurance

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Textual Amendments

F96 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)

F96 Article 50 U.K. Investments

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Textual Amendments

F96 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)

F96 Article 51 U.K. Innovation in the wine sector

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Textual Amendments

F96 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)

F96 Article 52 U.K. By-product distillation

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Textual Amendments

F96 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

F96 Article 53 U.K. Delegated powers

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Textual Amendments

F96 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)

F96 Article 54 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F96 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. [F97 Programmes] and financing

1. With a view to improving general conditions for the production and marketing of apiculture products, [F98 the appropriate authority] may draw up [F99 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.

[F100 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.]

F101 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F102 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 [F103 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 F104 ...;

(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

F97 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)

F98 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)

F99 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)

F100 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)

F101 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)

F102 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)

F103 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)

F104 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)

C3 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)

C4 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

Article 56 U.K. Delegated powers

[F105 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 [F106 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 [F107 appropriate authority may make regulations] to update the list of measures referred to in Article 55(4) that may be included in F108 ... 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 F109 ... programmes adopted prior to the entry into force of [F110 those provisions].

Textual Amendments

F105 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)

F106 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)

F107 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)

F108 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)

F109 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)

F110 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)

C3 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)

C4 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

[F111 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

F111 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)

C3 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)

C4 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

Section 6 U.K. Aid in the hops sector

F112 Article 58 U.K. Aid to producer organisations

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Textual Amendments

F112 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)

F112 Article 59 U.K. Delegated powers

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Textual Amendments

F112 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)

F112 Article 60 U.K. Implementing powers in accordance with the examination procedure

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Textual Amendments

F112 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)

(1)

[F1 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 ).]

(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

F1 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.