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

PART IV U.K. COMPETITION RULES

CHAPTER I U.K. Rules applying to undertakings

Article 206 U.K. F1 ... The application of competition rules to agriculture

[F2 Save as otherwise provided in this Regulation and subject, in particular, to Articles 207 to 210 of this Regulation, the Competition Act 1998 shall apply to all agreements, decisions and practices referred to in sections 2(1) and 18(1) of that Act which relate to the production of, or trade in, agricultural products.]

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Textual Amendments

F1 Words in Art. 206 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 65(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 206 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, 65(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 206 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, 65(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 207 U.K. Relevant market

The definition of the relevant market is a tool to identify and define the boundaries of competition between undertakings, and shall be founded on two cumulative elements:

(a)

the relevant product market: for the purposes of this Chapter, "product market" means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use;

(b)

the relevant geographic market: for the purposes of this Chapter, "geographic market" means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.

Article 208 U.K. Dominant position

For the purposes of this Chapter, "dominant position" means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.

Article 209 U.K. Exceptions for the objectives [F4 set out in Article 39 TFEU] and farmers and their associations

1. [F5 Section 2(1) of the Competition Act 1998] shall not apply to the agreements, decisions and practices referred to in Article 206 of this Regulation necessary for the attainment of the objectives set out in Article 39 TFEU.

[F6 [F5 Section 2(1) of the Competition Act 1998] shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, unless the objectives set out in Article 39 TFEU are jeopardised.]

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

2. Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall not be prohibited, no prior decision to that effect being required.

[F7 However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the [F8 Competition and Markets Authority] on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.

The [F9 Competition and Markets Authority] shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The [F9 Competition and Markets Authority] may F10 ... change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.]

In any F11 ... proceedings for the application of [F12 section 2 of the Competition Act 1998], the burden of proving an infringement of [F13 section 2(1) of the Competition Act 1998] shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.

Textual Amendments

F4 Words in Art. 209 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 209(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, 66(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 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.

F7 Inserted 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.

F8 Words in Art. 209(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, 66(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 209(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, 66(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 209(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 209(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 66(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 209(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, 66(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 209(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, 66(c)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

Article 210 U.K. Agreements and concerted practices of recognised interbranch organisations

1. [F14 Section 2(1) of the Competition Act 1998] shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation with the object of carrying out the activities listed in point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.

2. Paragraph 1 shall apply provided that:

(a) the agreements, decisions and concerted practices referred to therein have been notified to the [F15 Competition and Markets Authority]; and

(b) within two months of receipt of all the details required the [F16 Competition and Markets Authority] has not found that those agreements, decisions or concerted practices are incompatible with [F17 any applicable legislation].

Where the [F18 Competition and Markets Authority] finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with [F19 any applicable legislation], it shall set out its finding F20 ....

3. The agreements, decisions and concerted practices referred to in paragraph 1 may not be put into effect before the lapse of the two-month period referred to in point (b) of the first subparagraph of paragraph 2.

4. Agreements, decisions and concerted practices shall in any case be declared incompatible with [F21 any applicable legislation] if they:

(a) may lead to the partitioning of markets within the [F22 United Kingdom] in any form;

(b) may affect the sound operation of the market organisation;

(c) may create distortions of competition which are not essential to achieving the objectives [F23 set out in Article 39 TFEU which are] pursued by the interbranch organisation activity;

(d) entail the fixing of prices or the fixing of quotas;

(e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

5. If, following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2, the [F24 Competition and Markets Authority] finds that the conditions for applying paragraph 1 have not been met, it shallF25 ... take a decision declaring that [F26 section 2(1) of the Competition Act 1998] applies to the agreement, decision or concerted practice in question.

[F27 That decision of the Competition and Markets Authority] shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the [F28 Competition and Markets Authority] mayF29 ... issue a finding of incompatibility at any time.

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Textual Amendments

F14 Words in Art. 210(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, 67(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 210(2)(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, 67(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 210(2)(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, 67(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 210(2)(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, 67(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 210(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, 67(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 210(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, 67(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 210(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(b)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 210(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 210(4)(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, 67(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 210(4)(c) 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, 67(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 210(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 210(5) 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, 67(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 210(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(d)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 210(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 210(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 210(6) 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, 67(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 210(7) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 67(f); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. State aid rules

F31 Article 211 U.K. Application of Articles 107 to 109 TFEU

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Textual Amendments

F31 Art. 211 omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 6(2) (with Sch. 3)

F32 Article 212 U.K. National payments related to wine support programmes

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Textual Amendments

F32 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

F32 Article 213 U.K. National payments for reindeer in Finland and Sweden

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Textual Amendments

F32 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

F32 Article 214 U.K. National payments for the sugar sector in Finland

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Textual Amendments

F32 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

F32 Article 214a U.K. National payments for certain sectors in Finland

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Textual Amendments

F32 Arts. 212-214a 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, 69; 2020 c. 1, Sch. 5 para. 1(1)

Article 215 U.K. F33 ... Payments for apiculture

[F34 The relevant authority] may make F35 ... payments for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade.

Textual Amendments

F33 Word in Art. 215 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 70(a); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 215 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, 70(b); 2020 c. 1, Sch. 5 para. 1(1)

F35 Word in Art. 215 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, 70(c); 2020 c. 1, Sch. 5 para. 1(1)

F36 Article 216 U.K. National payments for distillation of wine in cases of crisis

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Textual Amendments

F36 Art. 216 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, 71; 2020 c. 1, Sch. 5 para. 1(1)

[F38 Article 217 U.K. F37 ... Payments for the distribution of products to children

[F39 The relevant authority] may make F40 ... payments for supplying to children in educational establishments the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1).

[F39 The relevant authority] may finance those payments by means of a levy on the sector concerned or by means of any other contribution from the private sector.]

Textual Amendments

F37 Word in Art. 217 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 72(a); 2020 c. 1, Sch. 5 para. 1(1)

F38 Substituted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.

F39 Words in Art. 217 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, 72(b); 2020 c. 1, Sch. 5 para. 1(1)

F40 Word in Art. 217 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, 72(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 218 U.K. F41 ... Payments for nuts

1. [F42 The relevant authority] may make F43 ... payments, up to a maximum of EUR 120,75 per hectare per year, to farmers producing the following products:

(a) almonds falling within CN codes 0802 11 and 0802 12;

(b) hazelnuts or filberts falling within CN codes 0802 21 and 0802 22;

(c) walnuts falling within CN codes 0802 31 00 and 0802 32 00;

(d) pistachios falling within CN codes 0802 51 00 and 0802 52 00;

(e) locust beans falling within CN code 1212 92 00.

[F44 2. The relevant authorities between them may not make payments under paragraph 1 in respect of more than 100 hectares per year.]

3. [F45 The relevant authority] may make the granting of F46 ... payments referred to in paragraph 1 conditional on farmers being members of a producer organisation recognised under Article 152.

Textual Amendments

F41 Word in Art. 218 heading omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(a); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 218(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, 73(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F43 Word in Art. 218(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, 73(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F44 Art. 218(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, 73(c); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 218(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F46 Word in Art. 218(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 73(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)