Search Legislation

Advanced Search

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

Help about what version

What Version

Help about advanced features

Advanced Features

Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Status:

Point in time view as at 14/12/2022.

Changes to legislation:

Regulation (EU) No 1308/2013 of the European Parliament and of the Council, Section 1 is up to date with all changes known to be in force on or before 10 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

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Section 1 U.K. Definition and recognition

Article 152U.K.Producer organisations

1.[F1The Secretary of State] may, on request, recognise producer organisations, which:

(a)are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

[F2(b)are formed on the initiative of the producers and which carry out at least one of the following activities:

(i)

joint processing;

(ii)

joint distribution, including by joint selling platforms or joint transportation;

(iii)

joint packaging, labelling or promotion;

(iv)

joint organising of quality control;

(v)

joint use of equipment or storage facilities;

(vi)

joint management of waste directly related to the production;

(vii)

joint procurement of inputs;

(viii)

any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;]

(c)pursue a specific aim which may include at least one of the following objectives:

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii)

concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

(iii)

optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

(iv)

carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

(v)

promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

(vi)

promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

(vii)

the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;

(viii)

contributing to a sustainable use of natural resources and to climate change mitigation;

(ix)

developing initiatives in the area of promotion and marketing;

(x)

[X1managing of the mutual funds referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013;]

(xi)

providing the necessary technical assistance for the use of the futures markets and of insurance schemes.

[F31a.By way of derogation from [F4section 2(1) of the Competition Act 1998], a producer organisation recognised under paragraph 1 of this Article may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production.

The activities referred to in the first subparagraph may take place:

(a)provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised F5...;

(b)provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;

(c)whether or not the price negotiated is the same as regards the aggregate production of some or all of the members;

(d)provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph;

(e)provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes.

However, [F6nothing in this Regulation prevents the Secretary of State from providing that the condition set out in point (d) of the second subparagraph does not apply] in duly justified cases where producer members hold two distinct production units located in different geographical areas.

1b.For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article.

1c.The [F7Competition and Markets Authority] may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

F8...

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.]

2.A producer organisation recognised under paragraph 1 may continue to be recognised if it engages in the marketing of products falling within CN code ex 2208 other than those referred to in Annex I to the Treaties, provided that the proportion of such products does not exceed 49 % of the total value of marketed production of the producer organisation and that such products do not benefit from [F9public funding]. Those products do not count, for producer organisations in the fruit and vegetables sector, towards the calculation of the value of marketed production for the purposes of Article 34(2).

F103.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Textual Amendments

Article 153U.K.Statutes of producer organisations

1.The statutes of a producer organisation shall require its producer members, in particular, to:

(a)apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

(b)be members of only one producer organisation for any given product of the holding; however [F11nothing in this Regulation prevents the Secretary of State from providing that this condition does not apply] in duly justified cases where producer members hold two distinct production units located in different geographical areas;

(c)provide the information requested by the producer organisation for statistical purposes.

2.The statutes of a producer organisation shall also provide for:

(a)procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1;

(b)the imposition on members of financial contributions needed to finance the producer organisation;

(c)rules enabling the producer members to scrutinise democratically their organisation and its decisions;

(d)penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

(e)rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

(f)the accounting and budgetary rules necessary for the operation of the organisation.

3.Paragraphs 1 and 2 shall not apply to producer organisations in the milk and milk products sector.

Textual Amendments

Article 154U.K.Recognition of producer organisations

1.In order to be recognised by [F12the Secretary of State], the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which:

(a)fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);

(b)has a minimum number of members and/or covers a minimum volume or value of marketable production, [F13as laid down by the Secretary of State], in the area where it operates;

(c)provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;

(d)has statutes that are consistent with points (a), (b) and (c) of this paragraph.

[F31a.[F14The Secretary of State] may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.]

[F152.A producer organisation is deemed to be recognised pursuant to Article 152 if the Secretary of State made a decision to deem such recognition prior to exit day.]

F163.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F17The Secretary of State ] shall:

(a)decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F18...

(b)carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;

(c)in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 155U.K.Outsourcing

[F20The Secretary of State] may permit a recognised producer organisation or a recognised association of producer organisations in the sectors specified F21... in accordance with point (f) of Article 173(1) to outsource any of its activities other than production, including to subsidiaries, provided that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the carrying out of the activity.

Textual Amendments

Article 156U.K.Associations of producer organisations

1.[F22The Secretary of State] may, on request, recognise associations of producer organisations in a specific sector listed in Article 1(2) which are formed at the initiative of recognised producer organisations.

Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of producer organisations.

2.By way of derogation from paragraph 1, [F23Secretary of State] may, on request, recognise an association of recognised producer organisations in the milk and milk products sector if the [F24Secretary of State] considers that the association is capable of carrying out effectively any of the activities of a recognised producer organisation, and that it fulfils the conditions laid down in Article 161(1).

Textual Amendments

Article 157U.K.Interbranch organisations

1.[F25The Secretary of State] may, on request, recognise interbranch organisations in a specific sector listed in Article 1(2) which:

(a)are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors;

(b)are formed on the initiative of all or some of the organisations or associations which constitute them;

(c)pursue a specific aim taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives:

(i)

improving knowledge and the transparency of production and the market, including by publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or international level;

(ii)

forecasting of production potential, and recording public market prices;

(iii)

helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies;

(iv)

exploring potential export markets;

(v)

without prejudice to Articles 148 and 168, drawing up standard forms of contract F26... for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

(vi)

exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation;

(vii)

providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment;

(viii)

seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare;

(ix)

developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing;

(x)

taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications;

(xi)

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

(xii)

encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns;

(xiii)

promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets;

(xiv)

contributing to the management of by-products and the reduction and management of waste[F2;]

(xv)

[F3establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them;

(xvi)

implementing measures to prevent and manage animal health, plant-protection and environmental risks.]

[F31a.[F27The Secretary of State] may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 and, where applicable, paragraph 3 for each sector for which it seeks recognition.]

F282.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.By way of derogation from paragraph 1, as regards the milk and milk products sector, [F29the Secretary of State] may recognise interbranch organisations which:

(a)have formally requested recognition and are made up of representatives of economic activities linked to the production of raw milk and linked to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products of the milk and milk products sector;

(b)are formed on the initiative of all or some of the representatives referred to in point (a);

(c)carry out, F30..., taking into account the interests of the members of those interbranch organisations and of consumers, one or more of the following activities:

(i)

improving the knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional, national and international level;

(ii)

helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies;

(iii)

promoting consumption of, and providing information on, milk and milk products in both internal and external markets;

(iv)

exploring potential export markets;

(v)

drawing up standard forms of contract F31... for the sale of raw milk to purchasers or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

(vi)

providing the information and carrying out the research necessary to adjust production in favour of products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment;

(vii)

maintaining and developing the production potential of the dairy sector, inter alia, by promoting innovation and supporting programmes for applied research and development in order to exploit the full potential of milk and milk products, especially in order to create products with added value which are more attractive to the consumer;

(viii)

seeking ways of restricting the use of animal health products, improving the management of other inputs and enhancing food safety and animal health;

(ix)

developing methods and instruments for improving product quality at all stages of production and marketing;

(x)

exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications; F10...

(xi)

promoting integrated production or other environmentally sound production methods[F2;]

(xii)

[F3establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them; and

(xiii)

implementing measures to prevent and manage animal health, plant-protection and environmental risks.]

Textual Amendments

Article 158U.K.Recognition of interbranch organisations

1.[F32The Secretary of State ] may recognise interbranch organisations applying for such recognition, provided that they:

(a)fulfil the requirements laid down in Article 157;

(b)carry out their activities in one or more regions in the [F33United Kingdom];

(c)account for a significant share of the economic activities referred to in point (a) of Article 157(1);

(d)with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade.

F342.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F343.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F344.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.Where [F35the Secretary of State recognises] an interbranch organisation in accordance with paragraph 1 or 2, [F36the Secretary of State must]:

(a)decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; F37...

(b)carry out, at intervals to be determined by [F38the Secretary of State], checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

(c)in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations [F39any applicable penalties] and, if necessary, decide whether recognition should be withdrawn;

(d)withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

F40(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Regulation

The Whole Regulation you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Regulation as a PDF

The Whole Regulation you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Regulation without Annexes

The Whole Regulation without Annexes you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Regulation without Annexes as a PDF

The Whole Regulation without Annexes you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Regulation

The Whole Regulation you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Regulation without Annexes

The Whole Regulation without Annexes you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: