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

PART III U.K. TRADE WITH THIRD COUNTRIES

CHAPTER I U.K. Import and export licences

Article 176 U.K. General rules

1. Without prejudice to cases where import or export licences are required in accordance with this Regulation, the import for release into free circulation into, or the export of one or more products of the following sectors from, the [F1 United Kingdom] may be made subject to the presentation of a licence:

(a) cereals;

(b) rice;

(c) sugar;

(d) seeds;

(e) olive oil and table olives, with regard to products falling within CN codes 1509, 1510 00, 0709 92 90, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39;

(f) flax and hemp, as far as hemp is concerned;

(g) fruit and vegetables;

(h) processed fruit and vegetables;

(i) bananas;

(j) wine;

(k) live plants;

(l) beef and veal;

(m) milk and milk products;

(n) pigmeat;

(o) sheepmeat and goatmeat;

(p) eggs;

(q) poultrymeat;

(r) ethyl alcohol of agricultural origin.

[F2 2. Without prejudice to the application of Articles 177, 178 and 179 of this Regulation, the Secretary of State must issue licences to any applicant established in the United Kingdom.]

3. Licences shall be valid throughout the [F3 United Kingdom].

Textual Amendments

F1 Words in Art. 176(1) 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, 25(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 176(2) 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, 25(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 176(3) 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, 25(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 177 U.K. Delegated powers

1. In order to take into account the international obligations of the [F4 United Kingdom] and the applicable F5 ... social, environmental and animal welfare standards, the need to monitor the evolution of trade and market developments, of imports and exports of products, the need for sound market management and the need to reduce the administrative burden, the [F6 Secretary of State may make regulations] determining:

(a) the list of the products of the sectors referred to in Article 176(1) subject to the presentation of an import or export licence;

(b) the cases and situations where the presentation of an import or export licence is not required, taking account of the customs status of the products concerned, the trade arrangements to be respected, the purposes of operations, the legal status of the applicant and the quantities involved.

2. In order to provide further elements of the licence system, the [F7 Secretary of State may make regulations] laying down rules on:

(a) the rights and obligations deriving from the licence, its legal effects, and the cases where a tolerance applies as regards compliance with the obligation to import or export the quantity mentioned in the licence or where the origin is to be indicated in the licence;

(b) the issue of an import licence or the release into free circulation being subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products;

(c) the transfer of the licence or restrictions on its transferability;

(d) additional conditions for import licences for hemp in accordance with Article 189 F8 ...;

(e) the cases and situations where the lodging of a security guaranteeing that the products are imported or exported within the period of validity of the licence is or is not required.

Textual Amendments

F4 Words in Art. 177(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(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 177(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(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 177(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(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 177(2) 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(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 177(2)(d) 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(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 178 U.K. Implementing powers in accordance with the examination procedure

The [F9 Secretary of State may make regulations] laying down the measures necessary for the application of this Chapter, including rules on:

(a)

the format and content of the licence;

(b)

the submission of applications and the issuing of licences and their use;

(c)

the period of validity of the licence,

(d)

the procedures for, and the amount of, a security to be lodged;

(e)

the proof that the requirements for the use of licences have been fulfilled;

(f)

the level of the tolerance as regards the respect of the obligation to import or export the quantity mentioned in the licence;

(g)

the issue of replacement licences and duplicate licences;

(h)

F10 ...

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Words in Art. 178 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(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 178(h) 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(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 178 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(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 179 U.K. Other implementing powers

The [F12 Secretary of State may make regulations]:

(a)

limiting the quantities for which licences may be issued;

(b)

rejecting the quantities applied for;

(c)

suspending the submission of applications in order to manage the market where large quantities are applied for.

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Words in Art. 179 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(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 179 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(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F14 Article 179A U.K. Regulations

1. The Secretary of State may not make regulations under Articles 177, 178 or 179 without the consent of:

(a) where the subject matter is within devolved competence in relation to Wales, the Welsh Ministers;

(b) where the subject matter is within devolved competence in relation to Scotland, the Scottish Ministers;

(c) where the subject matter is within devolved competence in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

2 Where any of the parties mentioned in paragraph 1(a) to (c) requests that the Secretary of State make regulation under Articles 177, 178 or 179, the Secretary of State must have regard to that request where the subject matter of the requested regulations is within devolved competence in relation to the relevant constituent nation.]

Textual Amendments

F14 Art. 179A 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(13); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Import duties

Article 180 U.K. Implementation of international agreements and certain other acts

The Commission shall adopt implementing acts laying down measures to comply with requirements laid down in international agreements which have been concluded in accordance with the TFEU or in any other relevant act adopted in accordance with Article 43(2) or Article 207 TFEU or the Common Customs Tariff as regards the calculation of import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 181 U.K. Entry price system for certain products of the fruit and vegetables, processed fruit and vegetables and wine sectors

[X1 1. For the application of the Common Customs Tariff duty rate for products of the fruit and vegetables and processed fruit and vegetables sectors and for grape juice and musts, the entry price of a consignment shall be equal to its customs value calculated in accordance with Council Regulation (EEC) No 2913/92(1) (the Customs Code) and Commission Regulation (EEC) No 2454/93(2).]

2. In order to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to provide that the veracity of the declared entry price of a consignment is to be checked using a flat-rate import value, and to provide the conditions under which the lodging of a security is required.

3. The Commission shall adopt implementing acts establishing rules for the calculation of the flat-rate import value referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Article 182 U.K. Additional import duties

1. The Commission may adopt implementing acts determining the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:

(a) the imports are made at a price below the level notified by the Union to the WTO (the trigger price); or

(b) the volume of imports in any year exceeds a certain level (the trigger volume).

The trigger volume shall be based on market access opportunities defined as imports expressed as a percentage of the corresponding domestic consumption during the three previous years.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective.

3. For the purposes of point (a) of the first subparagraph of paragraph 1, import prices shall be determined on the basis of the c.i.f. import prices of the consignment under consideration. C.i.f. import prices shall be checked against the representative prices for the product on the world market or on the Union import market for that product.

4. The Commission may adopt implementing acts laying down the measures necessary for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 183 U.K. Other implementing powers

The Commission may adopt implementing acts:

(a)

fixing the level of the applied import duty in accordance with the rules set out in an international agreement concluded in accordance with the TFEU, in the Common Customs Tariff and in the implementing acts referred to in Article 180;

(b)

fixing the representative prices and trigger volumes for the purposes of applying additional import duties in the framework of the rules adopted pursuant to Article 182(1).

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

CHAPTER III U.K. Tariff quota management and special treatment of imports by third countries

Article 184 U.K. Tariff quotas

[F15 1. Tariff quotas for imports of United Kingdom agricultural products into another country, which are to be partly or fully administered by the United Kingdom, resulting from international agreements to which the United Kingdom is a party, may be opened or administered by the Secretary of State by means of regulations made pursuant to Article 186 or Article 187 of this Regulation.]

2. Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

(a) a method based on the chronological order of the submission of applications ("first come, first served" principle);

(b) a method of distribution in proportion to the quantities requested when the applications were submitted (the "simultaneous examination method");

(c) a method based on taking traditional trade patterns into account (the "traditional/newcomers method").

3. The method of administration adopted shall:

F16 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for export tariff quotas, permit the full use of the possibilities available under the quota concerned.

Textual Amendments

F15 Art. 184(1) substituted (25.6.2021) by The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 3(2)(a)

F16 Art. 184(3)(a) omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 3(2)(b)

Article 185 U.K. Specific tariff quotas

In order to give effect to tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 227, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 186 U.K. Delegated powers

1. In order to ensure fair access for the quantities available and the equal treatment of operators within the tariff quota, the [F17 Secretary of State may make regulations]:

(a) determining the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota; the provisions concerned may require a minimum experience in trade with [F18 other] countries and assimilated territories, or in processing activity, expressed as a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

(b) establishing rules on the transfer of rights between operators and, where necessary, the limitations to such transfer within the management of the tariff quota;

(c) making participation in the tariff quota subject to the lodging of a security;

(d) providing, where necessary, for any particular specific characteristics, requirements or restrictions applicable to the tariff quota as set out in the international agreement or other act referred to in Article 184(1).

2. In order to ensure that exported products may benefit from a special treatment on importation into [F19 another] country under certain conditions, pursuant to international agreements [F20 to which the United Kingdom is a party, the Secretary of State may make regulations laying down the circumstances in which the competent authority is required] to issue, on request and after appropriate checks, a document certifying that the conditions are met for products that, if exported, may benefit from a special treatment on importation into [F19 another] country if certain conditions are respected.

Textual Amendments

F17 Words in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18 Word in Art. 186(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F19 Word in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 186(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 29(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 187 U.K. Implementing powers in accordance with the examination procedure

The [F21 Secretary of State may make regulations] laying down:

(a)

the annual tariff quotas, if necessary suitably phased over the year, and the method of administration to be used;

(b)

procedures for the application of the specific provisions laid down in the agreement or act adopting the F22 ... export regime, in particular, on:

(i)

guarantees covering the nature, provenance and origin of the product;

(ii)

recognition of the document used for verifying the guarantees referred to in point (i);

(iii)

F23 ...

(iv)

destination and use of the products;

(c)

the period of validity of the licences or of the authorisations;

(d)

the procedures for, and the amount of, the security to be lodged;

(e)

F24 ...

(f)

F25 ...

(g)

necessary measures concerning the content, form, issue and use of the document referred to in Article 186(2).

F26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Words in Art. 187 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 187(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), 30(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 187(b)(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), 30(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 187(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), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 187(f) 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), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 187 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), 30(d); 2020 c. 1, Sch. 5 para. 1(1)

[F27 Article 188 U.K. Allocation process for tariff quotas

1. The [F28 Secretary of State] shall make public, via an appropriate web-publication, the results of tariff quota allocation for the applications notified taking into account the tariff quotas available and the applications notified.

2. The publication referred to in paragraph 1 shall also make reference, when appropriate, to the need of rejecting pending applications, suspending the submission of applications or allocating unused quantities.

3. [F29 The Secretary of State] shall issue F30 ... export licences for the quantities applied for within the F31 ... export tariff quotas, subject to the respective allocation coefficients and after they are made public by the [F32 Secretary of State] in accordance with paragraph 1.]

Textual Amendments

F27 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.

F28 Words in Art. 188(1) 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, 26(a); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 188(3) 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, 26(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 188(3) omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 3(3)(a)

F31 Words in Art. 188(3) omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 3(3)(b)

F32 Words in Art. 188(3) 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, 26(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. Special import provisions for certain products

Article 189 U.K. Imports of hemp

1. The following products may be imported into the [F33 United Kingdom] only if the following conditions are met:

(a) raw true hemp falling within CN code 5302 10 00 meeting the conditions laid down in Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013

(b) seeds of varieties of hemp falling within CN code ex 1207 99 20 for sowing accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed that fixed in accordance with Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013;

(c) hemp seeds other than for sowing, falling within CN code 1207 99 91 and imported only by importers authorised by the [F34 licence issuing authority in accordance with Commission Implementing Regulation (EU) No 2016/1239] in order to ensure that such seeds are not intended for sowing.

2. This Article shall apply without prejudice to more restrictive rules adopted by [F35 the United Kingdom] in compliance with F36 ... the obligations under the WTO Agreement on Agriculture.

Textual Amendments

F33 Words in Art. 189(1) 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(7)(a)(i)

F34 Words in Art. 189(1)(c) 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(7)(a)(ii)

F35 Words in Art. 189(2) 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(7)(b)(i)

F36 Words in Art. 189(2) 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(7)(b)(ii)

Article 190 U.K. Imports of hops

1. Products of the hops sector may be imported from [F37 other] countries only if their quality standards are at least equivalent to those adopted for like products harvested within [F38 Great Britain] or made from such products.

2. Products shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 77.

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of those products is not lower than that of the hops from which they have been prepared.

[F39 Products of the hops sector imported from the European Union before [F40 1 January 2024] shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013 as it has effect in EU law, as amended from time to time, provided that the Secretary of State has not published a statement under Article 77(4) in respect of those products.]

3. In order to minimise the administrative burden, the [F41 Secretary of State may make regulations] setting the conditions under which obligations related to an attestation of equivalence and the labelling of packaging are not to apply.

4. The [F42 Secretary of State may make regulations setting out] the measures necessary for the application of this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops. F43 ...

Textual Amendments

F37 Word in Art. 190(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, 57(a); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 190(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, 57(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(21)); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 190(2) inserted (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, 27 (as amended by S.I. 2020/1452, reg. 6(4)); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 190(2) substituted (E.W.S.) (1.7.2022) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2022 (S.I. 2022/609), regs. 1(2), 6(3)

F41 Words in Art. 190(3) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 190(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 190(4) omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 191 U.K. Derogations for imported products and special security in the wine sector

[F44 The Secretary of State may, pursuant to international obligations, make regulations setting out derogations from point 5 of Section B or from Section C of Part 2 of Annex VIII for products imported into Great Britain.]

In the case of derogations from point 5 of Section B of Part II of Annex VIII, importers shall lodge a security for those products with the designated customs authorities at the time of release into free circulation. The security shall be released on the presentation of proof by the importer, to the satisfaction of the customs authorities of the F45 ..., that:

(a)

the products have not benefited from the derogations; or,

(b)

if they have benefited from the derogations, the products have not been vinified, or if they have been vinified, the resulting products have been appropriately labelled.

The [F46 Secretary of State may make regulations] laying down rules to ensure the uniform application of this Article, including on the amounts of the security and appropriate labelling. F47 ...

Textual Amendments

F44 Words in Art. 191 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(a)

F45 Words in Art. 191 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(b)

F46 Words in Art. 191 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(c)(i)

F47 Words in Art. 191 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(17)(c)(ii)

F48 Article 192 U.K. Imports of raw sugar for refining

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

Textual Amendments

F48 Art. 192 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, 58; 2020 c. 1, Sch. 5 para. 1(1)

F49 Article 193 U.K. Suspension of import duties in the sugar sector

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

Textual Amendments

F49 Art. 193 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, 58; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. Safeguard and inward processing

Article 194 U.K. Safeguard measures

1. Safeguard measures against imports into the Union shall be taken by the Commission, subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) No 260/2009(3) and (EC) No 625/2009(4).

2. Save as otherwise provided for in any other act of the European Parliament and the Council and any other act of the Council, safeguard measures against imports into the Union provided for in international agreements concluded in accordance with the TFEU shall be taken by the Commission in accordance with paragraph 3 of this Article.

3. The Commission may adopt implementing acts establishing the measures referred to in paragraphs 1 and 2 of this Article at the request of a Member State or on its own initiative. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

4. The Commission may adopt implementing acts revoking or amending Union safeguard measures adopted pursuant to paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

Article 195 U.K. Suspension of processing and inward processing arrangements

Where the Union market is disturbed or is liable to be disturbed by processing or inward processing arrangements, the Commission may adopt implementing acts, at the request of a Member State or on its own initiative, fully or partially suspending the use of processing or inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

CHAPTER VI U.K. Export refunds

Article 196 U.K. Scope

1. To the extent necessary to enable exports on the basis of world market quotations or prices when conditions on the internal market are such as those described in Article 219(1) or Article 221 and within the limits resulting from international agreements [F50 to which the United Kingdom is a party], the difference between those quotations or prices and prices in the [F51 United Kingdom] may be covered by export refunds for:

(a) the products of the following sectors to be exported without further processing:

(i)

cereals;

(ii)

rice;

(iii)

sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I;

(iv)

beef and veal;

(v)

milk and milk products;

(vi)

pigmeat;

(vii)

eggs;

(viii)

poultrymeat;

(b) the products listed in points (i) to (iii), (v) and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with [F52 Regulation (EU) No 510/2014], and in the form of the products containing sugar listed in point (b) of Part X of Annex I to this Regulation.

2. Export refunds on products exported in the form of processed goods shall not be higher than those applicable to the same products exported without further processing.

3. Without prejudice to the application of Article 219(1) and Article 221, the refund available for the products referred to in paragraph 1 of this Article shall be EUR 0.

Textual Amendments

F50 Words in Art. 196(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, 59(a); 2020 c. 1, Sch. 5 para. 1(1)

F51 Words in Art. 196(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, 59(b); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 196(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, 59(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 197 U.K. Export refund distribution

The method of allocation for quantities which may be exported with an export refund shall be the one that:

(a) is most suited to the nature of the product and the situation on the relevant market, allowing the most efficient use of the resources available, taking into account the efficiency and structure of [F53 United Kingdom] exports and their impact on the market balance without creating discrimination between the operators concerned, and in particular between large and small operators;

(b) is least cumbersome administratively for operators, taking into account the administrative requirements.

Textual Amendments

F53 Words in Art. 197(a) 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, 60; 2020 c. 1, Sch. 5 para. 1(1)

Article 198 U.K. Export refund fixation

1. The same export refunds shall apply to the same products in the whole [F54 of the United Kingdom]. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from international agreements [F55 to which the United Kingdom is a party] make this necessary.

2. Measures on the fixing of refunds shall be taken by the [F56 Secretary of State] in accordance with [F57 Articles 13 and 14 of Council Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products].

Textual Amendments

F54 Words in Art. 198(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, 61(a); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 198(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, 61(b); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 198(2) 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(8)(a)

F57 Words in Art. 198(2) 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(8)(b)

Article 199 U.K. Granting of export refund

1. Refunds on products listed in point (a) of Article 196(1) exported as such without further processing shall only be granted on application and on presentation of an export licence.

2. The refund applicable to products listed in point (a) of Article 196(1) shall be the refund applicable on the day of application for the licence or the refund resulting from the tendering procedure concerned and, in the case of a differentiated refund, the refund applicable on the same day:

(a) for the destination indicated on the licence; or

(b) for the actual destination if it differs from the destination indicated on the licence, in which case the amount applicable shall not exceed the amount applicable to the destination indicated on the licence.

3. The refund shall be paid upon submission of proof that:

[F58 (a) the products have been exported from the United Kingdom in accordance with the applicable export provisions, as construed in accordance with section 35(2) of the Taxation (Cross-border) Trade Act 2018;]

(b) in the case of a differentiated refund, the products have been imported into the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to point (b) of paragraph 2.

Textual Amendments

F58 Art. 199(3)(a) 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, 62; 2020 c. 1, Sch. 5 para. 1(1)

Article 200 U.K. Export refunds for live animals in the beef and veal sector

With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in [F59 retained EU] law, and in particular with those for the protection of animals during transport.

Textual Amendments

F59 Words in Art. 200 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, 63; 2020 c. 1, Sch. 5 para. 1(1)

Article 201 U.K. Export limits

The volume commitments resulting from the international agreements [F60 to which the United Kingdom is a party] shall be respected on the basis of export licences issued for the reference periods applying to the products concerned.

With regard to compliance with the obligations under the WTO Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.

Textual Amendments

F60 Words in Art. 201 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, 64; 2020 c. 1, Sch. 5 para. 1(1)

Article 202 U.K. Delegated powers

1. In order to ensure the proper functioning of the export refund system, the [F61 Secretary of State may make regulations] laying down the requirement to lodge a security guaranteeing the fulfilment of the operators' obligations.

2. In order to minimise the administrative burden for operators and authorities, the [F62 Secretary of State may make regulations] setting thresholds below which the obligation to issue or present an export licence may not be required, designating destinations or operations where an exemption for the obligation to present an export licence may be justified and permitting export licences to be granted ex-post in justified situations.

3. In order to address practical situations justifying the full or partial eligibility for export refunds and to help operators bridge the period between the application and the final payment of the export refund, the [F63 Secretary of State may make regulations setting out] concerning rules on:

(a) another date for the refund;

(b) advance payment of export refunds, including the conditions for the lodging and release of a security;

(c) additional proof where doubts exist as to the real destination of products, and the opportunity for re-importation into the [F64 United Kingdom];

(d) destinations treated as exports from the [F65 United Kingdom], and the inclusion of destinations within the [F66 United Kingdom] eligible for export refunds.

4. In order to ensure the equal access of exporters of products listed in Annex I to the Treaties and of products processed therefrom to export refunds, the [F67 Secretary of State may make regulations] on the application of Article 199(1) and (2) to products referred to in point (b) of Article 196(1).

5. In order to ensure that products benefiting from export refunds are exported from the [F68 United Kingdom], and to avoid their return to [F69 the United Kingdom] and to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the [F70 Secretary of State may make regulations] concerning rules on:

(a) the time limit by which the exit from the [F68 United Kingdom] must be finalised, including the time for temporary re-entry;

(b) the processing that products benefiting from export refunds may undergo during that period;

(c) the proof of having reached a destination in order to be eligible for differentiated refunds;

(d) the refund thresholds and conditions under which exporters may be exempted from such proof;

(e) conditions for approval of proof, provided by independent third parties, of reaching a destination where differentiated refunds apply.

6. In order to encourage exporters to respect animal welfare conditions, and in order to enable the competent authorities to verify correct expenditure of export refunds where that is conditional on respect for animal welfare requirements, the [F71 Secretary of State may make regulations] on the respect of animal welfare requirements outside the [F72 United Kingdom], including the use of independent third parties.

7. In order to take into account the specific characteristics of the different sectors, the [F73 Secretary of State may make regulations] establishing specific requirements and conditions for operators and for the products eligible for an export refund, and coefficients for the purposes of calculating export refunds taking into account the ageing process of certain spirit drinks obtained from cereals.

Textual Amendments

F61 Words in Art. 202(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(a) (as amended by S.I. 2020/1445, reg. 17); 2020 c. 1, Sch. 5 para. 1(1)

F62 Words in Art. 202(2) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

F63 Words in Art. 202(3) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in Art. 202(3)(c) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 202(3)(d) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 202(3)(d) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F67 Words in Art. 202(4) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(d); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F69 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 202(5) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in Art. 202(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F72 Words in Art. 202(6) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F73 Words in Art. 202(7) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(13)(g); 2020 c. 1, Sch. 5 para. 1(1)

Article 203 U.K. Implementing powers in accordance with the examination procedure

The [F74 Secretary of State may make regulations setting out] the measures necessary for the application of this Chapter, in particular on:

(a)

the redistribution of exportable quantities which have not been allocated or utilised;

(b)

the method for recalculation of the payment of the export refund when the product code or destination mentioned in a licence is not in conformity with the actual product or destination;

(c)

products referred to in point (b) of Article 196(1);

(d)

the procedures for, and the amount of, the security to be lodged;

(e)

the application of measures adopted pursuant to Article 202(4).

F75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Words in Art. 203 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Art. 203 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 204 U.K. Other implementing powers

The [F76 Secretary of State may make regulations]:

(a)

[F77 setting out] appropriate measures to prevent abuse of the flexibility provided for in Article 199(2), in particular concerning the procedure for submitting applications;

(b)

[F78 setting out] the measures necessary to respect the volume commitments referred to in Article 201, including ceasing or limiting the issue of export licences when such commitments are or can be exceeded;

(c)

fixing coefficients which apply to the export refunds in accordance with the rules adopted pursuant to Article 202(7).

F79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Words in Art. 204 substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Art. 204(a) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F78 Words in Art. 204(b) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

F79 Words in Art. 204 omitted (31.12.2020) by virtue of The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VII U.K. Outward processing

Article 205 U.K. Suspension of outward processing arrangements

Where the Union market is disturbed or could be disturbed by outward processing arrangements, the Commission may adopt implementing acts, on a request from a Member State or on its own initiative, fully or partially suspending the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

(1)

[X1 Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( OJ L 302, 19.10.1992, p. 1 ).]

(2)

[X1 Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( OJ L 253, 11.10.1993, p. 1 ).]

(3)

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).

(4)

Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (OJ L 185, 17.7.2009, p. 1).

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).