The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020

Regulation (EU) No 1308/2013 of the European Parliament and of the Council

4.—(1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products(1) is amended as follows.

(2) In Article 3 (Definitions), after paragraph 6 insert—

“7.   For the purposes of this Regulation, any reference to “CN code” shall be read as a reference to the relevant Commodity Code in accordance with the customs tariff, as established by section 8(1) of the Taxation (Cross-border Trade) Act 2018(2).”.

(3) In Article 80 (Oenological practices and methods of analyses)—

(a) after paragraph 2 insert—

“2A.   The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.”;

(b) in paragraph 3, for “as referred to in point (g) of Article 75(3)” substitute “under paragraph 2A”.

(4) In Article 100(4) (Homonyms), for “Regulation (EC) No 110/2008 of the European Parliament and of the Council(3)” substitute “Regulation (EU) No 2019/787 of the European Parliament and of the Council(4)”.

(5) In Article 101(1) (Additional grounds for refusal of protection) in the first sub-paragraph, after “generic” insert “in the United Kingdom”.

(6) In Article 147 (Accompanying documents and register)—

(a) omit paragraph 1;

(b) in paragraph (3)—

(i) for “the transport of wine products and the verification thereof” substitute “the verification of wine products”;

(ii) omit sub-paragraph (a).

(7) In Article 189 (Imports of hemp)—

(a) in paragraph 1—

(i) for “Union” substitute “United Kingdom”;

(ii) in sub-paragraph (c), for “Member State” substitute “licence issuing authority in accordance with Commission Implementing Regulation (EU) No 2016/1239(5)”;

(b) in paragraph 2—

(i) for “Member States” substitute “the United Kingdom”;

(ii) omit “the TFEU and”.

(8) In Article 198(2) (Export refund fixation)—

(a) for “Council” substitute “Secretary of State”;

(b) for “Article 43(3) TFEU” substitute “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(6)”.

(1)

EUR 2013/1308, prospectively amended by S.I. 2019/821, 828, 831, 1402, 1422.

(2)

2018 c. 22.

(3)

EUR 1989/1576, prospectively amended by S.I. 2019/759, 778 .

(4)

EUR 2019/787, prospectively amended by S.I. 2020/****. [The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020].

(5)

EUR 2016/1239, prospectively amended by S.I. 2019/1409.

(6)

EUR 2013/1370, prospectively amended by S.I. 2019/821, 831, 1402, 1422.