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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, CHAPTER II is up to date with all changes known to be in force on or before 09 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.
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Textual Amendments
1.The terms for buying sugar beet and sugar cane, including pre-sowing delivery contracts, shall be governed by written agreements within the trade concluded between, on the one hand, [F2United Kingdom] growers of sugar beet and sugar cane or, on their behalf, the organisations of which they are members, and, on the other hand, [F2United Kingdom] sugar undertakings or, on their behalf, the organisations of which they are members.
2.Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall be notified by sugar undertakings to the competent [F3authority].
3.From 1 October 2017, agreements within the trade shall conform to the purchase terms laid down in Annex X.
4.In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the [F4Secretary of State may make regulations] to:
(a)update the terms referred to in Section A of Part II of Annex II [F5so far as the terms apply in relation to a matter outside devolved competence];
(b)update the purchase terms for beet referred to in Annex X;
(c)lay down further rules on the determination of gross weight, tare and sugar content of sugar beet delivered to an undertaking, and on beet pulp.
[F6In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the appropriate authority may make regulations to update the terms referred to in Section A of Part 2 of Annex 2 so far as the terms apply in relation to a matter that is not outside devolved competence.]
[F75.The Secretary of State may make regulations setting out the measures necessary for the application of this Article, including in respect of procedures, notifications and administrative assistance in the case of international agreements within the sugar trade.]
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F2Words in Art. 125(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 50(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Art. 125(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 50(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 125(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 125(4)(a) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 125(4) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(7); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 125(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
The [F8appropriate authority may make regulations] establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The [F10appropriate authority] shall ensure that specific prices or names of individual economic operators are not published.
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F8Words in Art. 126 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 126 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 126 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 27(b); 2020 c. 1, Sch. 5 para. 1(1)
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1.Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, [F12the Secretary of State] shall designate one or more authorities which shall be responsible for ensuring compliance with F13... rules in the wine sector. In particular, [F12the Secretary of State] shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall satisfy the general criteria for the operation of testing laboratories set out in ISO/IEC 17025. [F14Any designation under this paragraph must be agreed by the relevant authorities for Wales, Scotland and Northern Ireland.]
[F152.The Secretary of State shall publish the names and addresses of the authorities and laboratories referred to in paragraph 1 and shall update them periodically.]
Textual Amendments
F12Words in Art. 146(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 52(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13Word in Art. 146(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 52(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F161.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers, processors and merchants, shall keep inward and outward registers in respect of those products.
3.In order to facilitate [F17the verification of wine products] by [F18competent authorities, the Secretary of State may make regulations] on:
F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications;
(c)an obligation to keep a register and its use;
(d)who is obliged to keep a register and exemptions from that obligation;
(e)the operations to be included in the register.
4.The [F20Secretary of State may make regulations] establishing:
(a)rules on the composition of the registers, the products to be contained therein, deadlines for entries in registers and the closures of registers;
(b)F21... the maximum acceptable percentages for losses;
(c)general and transitional provisions for the keeping of registers;
(d)rules determining how long accompanying documents and the registers are to be kept.
F22...
Textual Amendments
F16Art. 147(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(6)(a)
F17Words in Art. 147(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(6)(b)(i)
F18Words in Art. 147(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(a); 2020 c. 1, Sch. 5 para. 1(1)
F19Art. 147(3)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(6)(b)(ii)
F20Words in Art. 147(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Art. 147(4)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F22Words in Art. 147(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 28(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F23Art. 148 omitted (9.7.2024) by virtue of The Fair Dealing Obligations (Milk) Regulations 2024 (S.I. 2024/537), regs. 1(2)(7), 28(2) (with reg. 1(4)(5))
[F241.A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector F25....]
[F261A.For the purposes of this Article, a “collector” means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.]
2.The negotiations by the producer organisation may take place:
(a)whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;
(b)whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;
(c)provided that, for a particular producer organisation, all of the following conditions are fulfilled:
F27...
the volume of raw milk covered by such negotiations which is produced in [F28the United Kingdom does not exceed 33% of total production in the United Kingdom], and
the volume of raw milk covered by such negotiations which is delivered in [F29the United Kingdom does not exceed 33% of total production in the United Kingdom];
(d)provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, [F30the Secretary of State] may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;
(e)provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and
(f)provided that the producer organisation notifies the [F31Competition and Markets Authority] of the volume of raw milk covered by such negotiations.
F323.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.For the purposes of this Article, references to producer organisations include associations of such producer organisations.
F335.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.By way of derogation from point (c) of paragraph 2 F34..., even where the thresholds set out therein are not exceeded, the [F35Competition and Markets Authority] may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.
F36...
The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.
7.For the purposes of this Article:
F37(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a "SME" means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.
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Textual Amendments
F24Substituted 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.
F25Words in Art. 149(1) omitted (9.7.2024) by virtue of The Fair Dealing Obligations (Milk) Regulations 2024 (S.I. 2024/537), regs. 1(2)(7), 28(3)(a) (with reg. 1(4)(5))
F26Art. 149(1A) inserted (9.7.2024) by The Fair Dealing Obligations (Milk) Regulations 2024 (S.I. 2024/537), regs. 1(2)(7), 28(3)(b) (with reg. 1(4)(5))
F27Art. 149(2)(c)(i) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in Art. 149(2)(c)(ii) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F29Words in Art. 149(2)(c)(iii) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F30Words in Art. 149(2)(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F31Words in Art. 149(2)(f) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F32Art. 149(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(b); 2020 c. 1, Sch. 5 para. 1(1)
F33Art. 149(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(c); 2020 c. 1, Sch. 5 para. 1(1)
F34Words in Art. 149(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(i)(aa) (as substituted by S.I. 2019/1403, regs. 1, 2(3)); 2020 c. 1, Sch. 5 para. 1(1)
F35Words in Art. 149(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(i)(bb) (as substituted by S.I. 2019/1403, regs. 1, 2(3)); 2020 c. 1, Sch. 5 para. 1(1)
F36Words in Art. 149(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 9(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
From 1 April 2015, the first purchasers of raw milk shall declare to the [F40Secretary of State] the quantity of raw milk that has been delivered to them each month.
For the purposes of this Article F41..., a "first purchaser" means an undertaking or group which buys milk from producers in order to:
subject it to collecting, packing, storing, chilling or processing, including under a contract;
sell it to one or more undertakings treating or processing milk or other milk products.
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F43The Secretary of State may make regulations setting out rules on the content, format and timing of declarations under this Article.]
Textual Amendments
F40Words in Art. 151 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 11(a); 2020 c. 1, Sch. 5 para. 1(1)
F41Words in Art. 151 omitted (9.7.2024) by virtue of The Fair Dealing Obligations (Milk) Regulations 2024 (S.I. 2024/537), regs. 1(2)(7), 28(4) (with reg. 1(4)(5))
F42Words in Art. 151 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 11(b); 2020 c. 1, Sch. 5 para. 1(1)
F43Words in Art. 151 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(8); 2020 c. 1, Sch. 5 para. 1(1)
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