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

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 [F1 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 [F2 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 [F3 the United Kingdom] in compliance with F4 ... the obligations under the WTO Agreement on Agriculture.

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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 [F5 other] countries only if their quality standards are at least equivalent to those adopted for like products harvested within [F6 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.

[F7 Products of the hops sector imported from the European Union before [F8 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 [F9 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 [F10 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. F11 ...

Textual Amendments

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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

[F12 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 F13 ..., 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 [F14 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. F15 ...

Textual Amendments

F12 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)

F13 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)

F14 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)

F15 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)

F16 Article 192 U.K. Imports of raw sugar for refining

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Textual Amendments

F16 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)

F17 Article 193 U.K. Suspension of import duties in the sugar sector

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Textual Amendments

F17 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)