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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
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- Revised 01/01/20191.91 MB
- Revised 01/01/20181.73 MB
- Revised 01/08/20171.70 MB
- Revised 31/07/20161.65 MB
- Revised 26/07/20161.65 MB
- Revised 01/01/20141.81 MB
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Changes over time for: Article 209
Changes to legislation:
Regulation (EU) No 1308/2013 of the European Parliament and of the Council, Article 209 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.
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Changes and effects yet to be applied to Article 209:
- Art. 75(A3) inserted by 2020 c. 21 Sch. 7 para. 38
- Art. 78(8) inserted by 2020 c. 21 Sch. 7 para. 39
- Art. 80(8) inserted by 2020 c. 21 Sch. 7 para. 40
- Art. 122(A3) inserted by 2020 c. 21 Sch. 7 para. 44
- Art. 219(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 220(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 221(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 222(A2) inserted by 2020 c. 21 Sch. 7 para. 2
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 75(A3) inserted by 2020 c. 21 Sch. 7 para. 38
- Art. 78(8) inserted by 2020 c. 21 Sch. 7 para. 39
- Art. 80(8) inserted by 2020 c. 21 Sch. 7 para. 40
- Art. 122(A3) inserted by 2020 c. 21 Sch. 7 para. 44
- Art. 219(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 220(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 221(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 222(A2) inserted by 2020 c. 21 Sch. 7 para. 2
Article 209U.K.Exceptions for the objectives [F1set out in Article 39 TFEU] and farmers and their associations
1.[F2Section 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.
[F3[F2Section 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.
[F4However, 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 [F5Competition and Markets Authority] on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.
The [F6Competition 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 [F6Competition and Markets Authority] may F7... change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.]
In any F8... proceedings for the application of [F9section 2 of the Competition Act 1998], the burden of proving an infringement of [F10section 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
F1Words 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)
F2Words 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)
F3Substituted 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.
F4Inserted 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.
F5Words 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)
F6Words 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)
F7Words 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)
F8Words 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)
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