PART 2Common Market Organisation Amendments

Amendment of Regulation (EU) No 1308/2013I892

Regulation 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products is amended in accordance with regulations 3 to 85.

I33

In Article 1(1), for “Union legislative acts” substitute “ retained EU law ”.

I44

In Article 3—

a

omit paragraph 2;

b

in paragraph 5, after point (b) insert—

c

‘appropriate authority’ means:

i

in relation to:

aa

England, the Secretary of State;

bb

Wales, the Welsh Ministers;

cc

Scotland, the Scottish Ministers;

dd

Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be; or

ii

the Secretary of State:

aa

in relation to Wales, other than in relation to Articles 10, 16, 55 and 225 and F1Annexes 4 and 10, if consent is given by the Welsh Ministers;

bb

in relation to Scotland, if consent is given by the Scottish Ministers;

cc

in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be.

d

‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be.

e

‘relevant authority’ means:

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iii

in relation to Scotland, the Scottish Ministers;

iv

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

f

a reference to another country or other countries is to be read as including the British Overseas Territories.

I55

Omit Article 7.

I66

In Article 8, in point (a)—

a

for “competent authorities of the Member States” substitute “ appropriate authority ”;

b

for “them” substitute “ it ”.

I77

In Article 9, for “Union”, in each place it occurs, substitute “ United Kingdom ”.

I88

In Article 10—

a

in the heading, omit “Union”;

b

in the first subparagraph, omit “Union”;

c

in the second subparagraph—

i

for “Member States” substitute “ the appropriate authority ”;

ii

omit “Union”.

I99

In Article 11—

a

for the words from “that” to “Article 20” substitute “ prescribed in legislation made pursuant to Articles 19 or 20 ”;

b

in points (d) and (e), for “Union” substitute “ United Kingdom ”.

I1010

In Article 16—

a

in paragraph 1, in point (c), for the words from “concluded” to “TFEU” substitute “ to which the United Kingdom is a party ”;

b

omit paragraph 2;

c

in paragraph 3, for “Commission” substitute “ appropriate authority ”.

I1111

In Article 17, for the words from “to be” to “Article 20” substitute “ prescribed in legislation made pursuant to Articles 18, 19 or 20 ”.

I1212

In Article 22, for “competent authorities of Member States” substitute “ relevant authority ”.

I1313

In Article 23—

a

in paragraph 1, for “Union aid shall” substitute “ Aid may ”;

b

in paragraph 3—

i

for the words from “Member” to “shall” substitute “ The relevant authority may ”;

ii

for “national circumstances” substitute “ circumstances in the constituent nation ”;

c

in paragraph 4, for “their territory, Member States” substitute “ the constituent nation, the relevant authority ”;

d

in paragraph 5—

i

in the first subparagraph—

aa

for “Member States consider” substitute “ the relevant authority considers ”;

bb

for “they” substitute “ it ”;

ii

in the second subparagraph, for “Union aid” substitute “ aid referred to in paragraph 1 ”;

e

in paragraph 6 in the second subparagraph—

i

for “any Member State” substitute “ the relevant authority ”;

ii

for the words from “obtaining” to “procedures” substitute “ consulting the public bodies responsible for health and nutrition in the constituent nation ”;

f

omit paragraph 7;

g

in paragraph 8, in the first subparagraph—

i

for the words from the beginning to “level”, in the second place it occurs, substitute “ The relevant authority must ensure that there is a strategy in place for the implementation of the scheme in the constituent nation for any period during which it intends to make payments under the scheme. The strategy may cover a period of up to six years and may be amended by the relevant authority at any time ”;

ii

at the end, insert “ Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ”;

h

in paragraph 9—

i

for “Member States” substitute “ The relevant authority ”;

ii

for “their strategies” substitute “ its strategy ”;

iii

for the second sentence substitute “ In drawing up that list, the relevant authority must consult, where appropriate, the public bodies responsible for health and nutrition in the constituent nation. ”;

i

in paragraph 10, for “Member States” substitute “ The relevant authority ”;

j

in paragraph 11—

i

in the first subparagraph—

aa

for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

bb

for “Union” substitute “ United Kingdom ”;

ii

in the second subparagraph—

aa

for “Member States” substitute “ The relevant authority ”;

bb

for “their strategies” substitute “ its strategy ”.

I1414

In Article 23a—

a

in the heading, for “Financing” substitute “ Publicity ”;

b

omit paragraphs 1 to 7;

c

in paragraph 8—

i

for the first sentence substitute “ During any period that the relevant authority is making payments under the school scheme in accordance with Article 23, the relevant authority must publicise the school scheme, at school premises or other relevant places. ”;

ii

for “Member States”, in the second and third places it occurs, substitute “ The relevant authority ”;

iii

omit “Union” in the second place it occurs.

I1515

Omit Articles 29 to 31.

I1616

In Article 32—

a

in paragraph 1, in point (b)—

i

omit “Union”;

ii

after “assistance” insert “ under Article 34 ”;

iii

for the words from “to be” to “Article 38” substitute “ specified in legislation made pursuant to Article 37 or 38 ”;

b

in paragraph 2, for “Member States” substitute “ the relevant authority ”.

I1717

In Article 33—

a

in paragraph 1—

i

in point (f), omit the words from “including” to the end;

ii

in the second subparagraph, for “Member States for their approval” substitute “ relevant authority for its approval ”;

b

in paragraph 2, in the second subparagraph, for “Member States” substitute “ relevant authority ”;

c

in paragraph 3—

i

omit point (a);

F2ii

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

iii

omit points (e) to (g);

iv

omit point (i);

v

in the fifth subparagraph, omit “Union”;

d

omit paragraph 4;

e

in paragraphs 5 and 6, for “Member States” substitute “ The relevant authority ”.

I1818

In Article 34—

a

in the heading and in paragraphs 1 and 2, omit “Union”;

b

in paragraph 3, omit points (a) and (g);

c

omit paragraph 4.

I1919

In Article 36—

a

in the heading, for “National framework and national” substitute “ Framework and ”;

b

in paragraph 1—

i

in the first subparagraph—

aa

for “Member States shall establish a national framework” substitute “ The relevant authority must ensure that there is a framework in place in respect of the constituent nation ”;

bb

at the end, insert “ Where the relevant authorities agree, the framework may be a single framework in respect of the United Kingdom as a whole. ”;

ii

omit the second subparagraph;

c

in paragraph 2—

i

in the first subparagraph, for the first sentence substitute “ The relevant authority must ensure that there is a strategy in place in respect of the constituent nation for sustainable operational programmes in the fruit and vegetable market. Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ”;

ii

in the second subparagraph, omit “national” in both places it occurs;

d

omit paragraph 3.

I2020

Omit Articles 39 to 54.

I2121

In Article 55—

a

in the heading, for “National programmes” substitute “ Programmes ”;

b

in paragraph 1—

i

for “Member States” substitute “ the appropriate authority ”;

ii

for “national programmes for the apiculture sector” substitute “ programmes for the apiculture sector in the constituent nation ”;

c

omit paragraph 2;

d

in paragraph 3—

i

for the words from the beginning to “shall” substitute “ Before drawing up a programme under paragraph 1, the appropriate authority must ”;

ii

for “their territory” substitute “ the constituent nation ”;

e

in paragraph 4, in point (e), omit “in the Union”.

I2222

Omit Articles 58 to 72.

I23F323

In Article 74, for “the Union” substitute “Great Britain”.

I24F424

In Article 76(3), for “the Union” substitute “Great Britain”.

I25F525

In Article 77(1), for “the Union” substitute “Great Britain”.

I26F626

In Article 78(2), for “the Union” substitute “Great Britain”.

I2727

In Article 80—

F7a

in paragraph 1, for “the Union”, in both places it occurs, substitute “Great Britain”;

b

in paragraph 2—

i

in the first subparagraph—

F9aa

for “the Union”, in the first place it occurs, substitute “Great Britain”;

bb

omit point (a);

cc

in point (b), omit “national”;

F8ii

in the second subparagraph, for “Member States” substitute “and provided the relevant authorities in Wales and Scotland agree, the Secretary of State”;

c

in paragraph 3, for “Commission” substitute “ Secretary of State ”.

I2828

In Article 81—

F10a

in paragraph 1, for “the Union” substitute “Great Britain”;

b

in paragraph 2—

i

omit the first subparagraph;

ii

in the second subparagraph, for “classified by Member States” substitute “ planted, replanted or grafted for the purposes of wine production ”;

iii

omit the third subparagraph;

c

for paragraph 3 substitute—

3

If wine production in the F11Great Britain exceeds 50,000 hectolitres per wine year, calculated on the basis of the average production during the last five wine years, the Secretary of State shall classify which wine grape varieties meeting the conditions in paragraph 2 may be planted, replanted or grafted in the F11Great Britain for the purposes of wine production. The Secretary of State must take into account any views of the relevant authorities for F12Wales and Scotland when classifying wine grape varieties.

d

for paragraph 4 substitute—

4

By way of derogation from paragraphs 2 and 3, the planting, replanting or grafting of wine grape varieties which do not comply with those paragraphs is allowed for scientific research and experimental purposes.

I2929

In Article 83—

a

in the heading, omit “National”;

b

in paragraph 1—

i

for “Member States may adopt or maintain national” substitute “ nothing in this Regulation prevents the appropriate authority F13in relation to England, Wales or Scotland from adopting or maintaining ”;

ii

omit the second subparagraph;

c

in paragraph 2, for the words from the beginning to “territory” substitute “ Nothing in this Regulation prevents the Secretary of State, provided F14the relevant authorities in Wales and Scotland agree, from limiting or prohibiting the use of certain oenological practices or providing for more stringent rules for wine production ”;

F15d

in paragraph 3, for “Member States” substitute “The relevant authorities in England, Wales and Scotland”;

e

omit paragraph 5.

I3030

In Article 87(1)—

a

in point (c), omit “in several Member States”;

b

in point (d), omit “Directive 2000/13/EC of the European Parliament and of the Council or”;

c

for “Commission” substitute “ appropriate authority F16in England, Wales or Scotland.

I3131

Omit Article 88(2).

I3232

In Article 90—

a

for “concluded in accordance with the TFEU”, in both places it occurs, substitute “ to which the United Kingdom is a party ”;

F17b

in paragraph 1, for “the Union” substitute “Great Britain”;

c

in paragraph 2, omit “by the Union”;

d

after paragraph 2 insert—

2A

By way of derogation from paragraph 2, products referred to in paragraph 1:

a

which are produced before F18IP completion day, or which are still in the finishing process immediately before F18IP completion day, may be placed or remain on the market until stocks are exhausted provided that they are produced in accordance with oenological practices authorised pursuant to this Regulation as it had effect immediately before F18IP completion day;

b

other than products falling within point (a), which are imported into F19Great Britain on or before F20IP completion day, may be produced in accordance with oenological practices authorised pursuant to this Regulation as it had effect immediately before F18IP completion day.

I3333

In Article 93—

a

in paragraph 3—

i

for “third” substitute “ other ”;

F21ii

for “the Union” substitute “Great Britain”;

b

in paragraph 5, omit “Member State or third”.

I3434

In Article 94—

a

in paragraph 2, for point (h) substitute—

h

any applicable legislative requirements;

b

in paragraph 3, for “a third” substitute “ another ”.

I3535

Omit Article 96.

I3636

In Article 98—

a

in the first paragraph—

i

omit “Member State or third”;

ii

omit the words from “and resident” to “country”, in the second place it occurs;

iii

for “Commission” substitute “ Secretary of State ”;

b

in the second paragraph—

i

for “third countries” substitute “ another country ”;

ii

omit “third”, in the second place it occurs.

I3737

In Article 100, omit paragraphs 2 and 3.

I3838

In Article 101(1)—

a

in the second subparagraph, omit “in the Union”;

b

in the third subparagraph—

i

in point (a), omit “in the Union”;

ii

in point (b), omit “Union or national”.

I3939

In Article 102—

a

in paragraph 1, in point (a), for “Commission” substitute “ Secretary of State ”;

b

in paragraph 2—

F22i

for “the territory of the Union” substitute “Great Britain”;

ii

for the words from “Directive” to the end substitute “ the Trade Marks Act 1994 M1.

I40F2340

In Article 103(3), for “the Union” substitute “Great Britain”.

I4141

In Article 104—

a

for “Commission” substitute “ Secretary of State ”;

b

for “third” substitute “ other ”;

F24c

for “the Union” in the first place it occurs, substitute “Great Britain”;

d

for “the Union” in the second place it occurs, substitute “the United Kingdom”.

I4242

Omit Article 108.

I4343

In Article 112—

a

omit “in Member States”;

b

in point (a), for “Union or national law” substitute “Article 99 or is included in the register established under Article 104”.

I44F2544

In Article 113(3), for “the Union” substitute “Great Britain”.

I4545

In Article 118—

a

for the first paragraph substitute—

Save as otherwise provided for in this Regulation, the Food (Lot Marking) Regulations 1996 M2, F26... the Weights and Measures (Intoxicating Liquor) Order 1988 M3, F27... the Weights and Measures (Miscellaneous Foods) Order 1988 M4, F28... the Trade Marks Act 1994 and Regulation (EU) No 1169/2011 apply to labelling and presentation.

b

in the second subparagraph, omit “Directive 2000/13/EC or”.

I4646

In F29Article 119

F30a

“in paragraph 1, for “the Union” substitute “Great Britain”;

b

after paragraph 3 insert—

4

By way of derogation, products referred to in paragraph 1:

a

which are produced before F31IP completion day, or which are still in the finishing process immediately before F31IP completion day, may be placed or remain on the market until stocks are exhausted, provided that the labelling and presentation of those products complies with this Regulation as it had effect immediately before F31IP completion day;

b

other than those falling within point (a), which are imported into the United Kingdom F32before the end of the period of 21 months beginning on the day on which IP completion day falls, may be marketed if the labelling and presentation of those products complies with this Regulation as it had effect immediately before F31IP completion day.

I147

In Article 120—

a

in paragraph 1, in point (e), for “the Union symbol” substitute “ any symbol established by the Secretary of State under Article 12 of Regulation (EU) No 1151/2012 ”;

b

for paragraph 2 substitute—

2

Without prejudice to Article 100(3), in the case of wines without a protected designation F33of origin or a protected geographical indication, the information referred to in points (a) and (b) of paragraph 1 must be verified in accordance with guidance approved by each relevant authority and issued by the Secretary of State.

I248

In Article 121—

a

for “one or more official language of the Union” F35... substitute “ English, and may also appear in another language ”;

F34aa

for “one or more official languages of the Union” substitute “ English, and may also appear in another language ”;

b

after paragraph 2, insert—

3

Paragraph 1 does not apply to any products imported into F36Great BritainF37before the end of the period of 21 months beginning on the day on which IP completion day falls if they comply with the requirements of this Article as it had effect immediately before F38IP completion day.

I4749

Omit Article 124.

I4850

In Article 125—

a

in paragraph 1, for “Union”, in both places it occurs, substitute “ United Kingdom ”;

b

in paragraph 2, for the words from “authorities” to the end substitute “ authority ”.

I4951

Omit Articles 127 to 145.

I5052

In Article 146—

a

in paragraph 1—

i

for “Member States”, in both places it occurs, substitute “ the Secretary of State ”;

ii

omit “Union”;

iii

at the end insert “ Any designation under this paragraph must be agreed by the relevant authorities for Wales, Scotland and Northern Ireland. ”;

b

for paragraph 2 substitute—

2

The Secretary of State shall publish the names and addresses of the authorities and laboratories referred to in paragraph 1 and shall update them periodically.

F3953

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

I5154

In Article 167—

a

in paragraph 1—

i

for the words from the beginning to “lay” substitute “ Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland, from laying ”;

ii

at the end of the first subparagraph, insert “ Any such rules must be made with a view to improving and stabilising the operation of the market in wines, including the grapes, musts and wines from which they derive. ”;

iii

in point (d), omit “national and Union”;

b

omit paragraphs 2 and 3.

I5255

Omit Article 172.

I5356

Omit Article 175.

I5457

In Article 190, in paragraph (1)—

a

for “third” substitute “other”;

F40b

for “the Union” substitute “Great Britain”.

I5558

Omit Articles 192 and 193.

I5659

In Article 196(1)—

a

for “concluded in accordance with the TFEU” substitute “ to which the United Kingdom is a party ”;

b

for “Union” substitute “ United Kingdom ”;

c

in point (b) for “Council Regulation (EC) No 1216/2009” substitute “ Regulation (EU) No 510/2014 ”.

I5760

In Article 197, in point (a), for “Union” substitute “ United Kingdom ”.

I5861

In Article 198(1)—

a

for “Union” substitute “ of the United Kingdom ”;

b

for the words from “concluded” to “TFEU” substitute “ to which the United Kingdom is a party ”.

I5962

In Article 199(3), for point (a) substitute—

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 M5;

I6063

In Article 200, for “Union” substitute “ retained EU ”.

I6164

In Article 201, for “concluded in accordance with the TFEU” substitute “ to which the United Kingdom is a party ”.

I6265

In Article 206—

a

in the heading, omit “Commission guidelines on”;

b

for the first paragraph substitute—

Save as otherwise provided in this Regulation and subject, in particular, to Articles 207 to 210 of this Regulation, the Competition Act 1998 M6 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.

c

omit the second and third paragraphs.

I6366

In Article 209—

a

in the heading, for “of the CAP” substitute “ set out in Article 39 TFEU ”;

b

in paragraph 1, in the first and second subparagraphs, for “Article 101(1) TFEU” substitute “ Section 2(1) of the Competition Act 1998 ”;

c

in paragraph 2—

i

in the second subparagraph, for “Commission” substitute “ Competition and Markets Authority ”;

ii

in the third subparagraph—

aa

for “Commission”, in both places it occurs, substitute “ Competition and Markets Authority ”;

bb

omit the words from “, at its” to “State,”;

iii

in the fourth subparagraph—

aa

omit “national or Union”;

bb

for “Article 101 TFEU” substitute “ section 2 of the Competition Act 1998 ”;

cc

for “Article 101(1) TFEU” substitute “ section 2(1) of the Competition Act 1998 ”.

I6467

In Article 210—

a

in paragraph 1, for “Article 101(1) TFEU” substitute “ Section 2(1) of the Competition Act 1998 ”;

b

in paragraph 2—

i

in point (a), for “Commission” substitute “ Competition and Markets Authority ”;

ii

in point (b)—

aa

for “Commission” substitute “ Competition and Markets Authority ”;

bb

for “Union rules” substitute “ any applicable legislation ”;

iii

in the second subparagraph—

aa

for “Commission” substitute “ Competition and Markets Authority ”;

bb

for “Union rules” substitute “ any applicable legislation ”;

cc

omit the words from “without” to the end;

c

in paragraph 4—

i

in the introductory words, for “Union rules” substitute “ any applicable legislation ”;

ii

in point (a), for “Union” substitute “ United Kingdom ”;

iii

in point (c), for “of the CAP” substitute “ set out in Article 39 TFEU which are ”;

d

in paragraph 5—

i

in the first subparagraph—

aa

for “Commission” substitute “ Competition and Markets Authority ”;

bb

omit from “, without” to “(3),”;

cc

for “Article 101(1) TFEU” substitute “ section 2(1) of the Competition Act 1998 ”;

ii

in the second subparagraph, for “That Commission decision” substitute “ That decision of the Competition and Markets Authority ”;

e

in paragraph 6—

i

for “Commission” substitute “ Competition and Markets Authority ”;

ii

omit from “, on” to “State,”;

f

omit paragraph 7.

F4168

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

I6569

Omit Articles 212 to 214a.

I6670

In Article 215—

a

in the heading, omit “National”;

b

for “Member States” substitute “ The relevant authority ”;

c

omit “national”.

I6771

Omit Article 216.

I6872

In Article 217—

a

in the heading, omit “National”;

b

for “Member States”, in each place it occurs, substitute “ The relevant authority ”;

c

omit “national”.

I6973

In Article 218—

a

in the heading, omit “National”;

b

in paragraph 1—

i

for “Member States” substitute “ The relevant authority ”;

ii

omit “national”;

c

for paragraph 2 substitute—

2

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

d

in paragraph 3—

i

for “Member States” substitute “ The relevant authority ”;

ii

omit “national”.

I7074

In Article 224—

a

for paragraph 1 substitute—

1

Personal data collected for the purposes set out in Article 223(1) must not be processed in a way which is incompatible with those purposes.

b

in paragraph 3—

i

for “Directive 95/46/EC and Regulation (EC) No 45/2001”, substitute “ Regulation (EU) 2016/679 and the Data Protection Act 2018 M7;

ii

for the words from “the minimum” to the end, substitute “ any statutory minimum retention periods ”;

c

in paragraph 4—

i

for “Member States” substitute “ The relevant authority ”;

ii

for “by national and Union bodies”, substitute “ by United Kingdom bodies and bodies in the constituent nation ”;

iii

for the words from “Directive” to the end, substitute “ Regulation (EU) 2016/679 and the Data Protection Act 2018 ”.

I7175

In Article 225—

a

in the heading, for “Commission” substitute “ appropriate authority ”;

b

for the words from “Commission” to “Council”, substitute “ appropriate authority shall publish a report ”;

c

in point (a), for “and for the first time by 21 December 2016” substitute “ on ”;

d

omit points (b), (c), (d) and (f).

I7276

Omit Article 226.

I7377

Omit Articles 231 and 232.

I7478

After Article 232, omit the words from “This Regulation” to “States”.

I7579

In Annex 2, in Part 2, omit Section B.

I7680

In Annex 4—

a

in the heading, omit “Union”;

b

in Section A—

i

in the heading, omit “Union”;

ii

in part 3 (Classification), in paragraph 2, in the second subparagraph, for “Member States are authorised to” substitute “ The F42appropriate authority may ”;

iii

in part 5 (Classification and identification)—

aa

in the first paragraph, omit “Union”;

bb

in the second paragraph, for “Member States” substitute “ the F45appropriate authority ”;

c

in Section B—

i

in the heading, omit “Union”;

ii

in part 4 (Lean-meat content), in paragraph 1, for “Commission” substitute F43appropriate authority ”;

iii

in part 5 (Identification of carcasses)—

aa

for “by the Commission” substitute “ in retained EU law ”;

bb

omit “Union”;

d

in Section C—

i

in the heading, omit “Union”;

F44ii

in part 4 (Presentation), in the second paragraph—

aa

for “Member States are authorised to” substitute “ The appropriate authority may ”;

bb

for “refeence” substitute “ reference ”;

iii

in part 5 (Identification of carcasses), omit “Union”.

I7781

Omit Annex 6.

I7882

1

Annex 7 is amended in accordance with paragraphs (2) to (12).

2

In the introductory wording, omit the words from “under” to “name”, in the second place it occurs.

3

In Part 1—

a

in point 3 (Sales descriptions)—

i

in paragraph 1—

F59aa

for “the Member States” substitute “Great Britain”;

bb

omit “laid down for each Member State”;

cc

in points A and B, omit all entries except for the entry for the United Kingdom;

F46dd

in points A and B, for “United Kingdom” substitute “Great Britain”;

ii

in paragraph 3, in the second subparagraph, for the words from “terms” to “teletina” substitute “ term “veal” ”;

b

in point 4 (Compulsory indication on the label)—

i

in paragraph 1, omit “Directive 2000/13/EC”;

ii

in paragraph 2, for the words from “Member” to the end substitute “ the information referred to in paragraph 1 must be indicated in accordance with the legislation applying in F47England, Wales or Scotland, as the case may beM8;

c

in point 6 (Official checks)—

i

omit paragraph 1;

ii

in paragraph 2, after “authorities” insert “ designated by the relevant authority F48in England, Wales or Scotland;

iii

for paragraph 3 substitute—

3

The competent authorities shall carry out on the spot checks to ensure that the provisions of this Annex are being implemented. Where required, those checks shall be carried out jointly with the F49experts of the relevant authority in England, Wales or Scotland.

iv

omit paragraph 4;

v

in paragraph 5, for “third” in both places where it occurs substitute “ other ”.

4

In Part 2—

a

in point (1)—

i

in the second subparagraph—

aa

in point (a), omit the words from “provided” to the end;

bb

in point (c), in the first indent, for the words from “certain” to “pursuant to” substitute “ wine growing areas specified under ”;

cc

in point (d), for the words from “which” to “pursuant to” substitute “ provided for under ”;

ii

omit the third and fourth subparagraphs;

iii

in the fifth subparagraph—

aa

for “Member States” substitute “ the Secretary of State ”;

bb

after “may” insert “ , with the agreement of the relevant authorities for F60Wales and Scotland, ”;

b

in point (3)—

i

in point (b), for the words from “a list” to “acts” substitute “ any list drawn up ”;

ii

in point (c), in the fourth indent, for the words from “to be” to “pursuant to” substitute “specified under”;

iii

in points (d) and (f), for the words from “a list” to “acts” substitute “ any list drawn up ”;

c

in point (6)(a)—

i

for the words from “a list” to “acts” substitute “ any list drawn up ”;

ii

for the words from “shall” to “pursuant to in” substitute “ are as specified under ”;

d

in point (12), for the words from “certain” to “acts” substitute “ wines specified ”;

e

in point (16), omit the second subparagraph.

5

In Part 3—

a

in paragraph 2(b), omit “Article 5 of Directive 2000/13/EC or”;

b

in paragraph 6, in the second subparagraph, omit “Directive 2000/13/EC or”.

6

In Part 4—

a

in point 2 (Delivery or sale to the final consumer), in paragraph 3, for the words from the beginning to “consumers of” substitute “ The appropriate authority F50in England, Wales or Scotland must ensure there is information available to consumers regarding ”;

b

in point 3 (Drinking milk)—

i

in paragraph 1(b)(i), for “Member States may provide” substitute “ nothing in this Regulation prevents the appropriate authority F51in England, Wales or Scotland from providing ”;

ii

in paragraph 2, in the third subparagraph, for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority F51in England, Wales or Scotland from using any power the authority has to ”.

7

In Part 5—

F52a

in point 1, for “the Union” substitute “Great Britain”;

b

in point 2—

i

in paragraph (2), for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority F53in England, Wales or Scotland from using any power the authority has to ”;

ii

in paragraph (6), in the second subparagraph, for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority F53in England, Wales or Scotland from using any power the authority has to ”.

8

In Part 6—

a

in point 1 (Scope)—

i

in paragraph 1—

F54aa

for “the Union”, in the first and second places it occurs, substitute “Great Britain”;

bb

for “third” substitute “other”;

cc

for “the Union” in the third place it occurs, substitute “Great Britain or movement to Northern Ireland”;

ii

in paragraph 2—

aa

in the first subparagraph, for “Member States may” substitute “ Nothing in this Regulation prevents the appropriate authority F61in England, Wales or Scotland from using any power the authority has to ”;

bb

in point (b), omit “of the Member State concerned”;

cc

omit the third subparagraph;

b

in point 3 (Marking of eggs)—

i

in paragraph 1, for the third subparagraph substitute—

Nothing in this Regulation prevents the appropriate authority F55in England, Wales or Scotland from using any power the authority has to exempt Class B eggs from this requirement where those eggs are marketed F56... in F57Great Britain.

ii

in paragraph 3—

aa

in the first subparagraph, omit “of the Member State concerned”;

bb

in the second subparagraph, for “Member States may” substitute “ nothing in this Regulation prevents the appropriate authority F62in England, Wales or Scotland from using any power the authority has to ”.

9

In Part 7, in point 2 (Terminology), in paragraph 3, in the first subparagraph—

a

for the words from “By” to “addition,” substitute “ Nothing in this Regulation prevents ”;

b

for “may be” substitute “ being ”.

10

In Part 8—

a

in the introductory wording—

F58i

for “the Union” substitute “Great Britain”;

ii

for “third” substitute “other”;

b

omit “by the Commission” in each place it occurs.

11

Omit Appendix 1.

12

In Appendix 2, omit the footnotes to the table.

I7983

1

Annex 8 is amended in accordance with paragraphs (2) and (3).

2

In Part 1—

a

in Section A—

i

in paragraph 1, for the words from “in certain” to “concerned”, substitute “ , the Secretary of State, with the agreement of the relevant authorities for F63Wales and Scotland, ”;

ii

in paragraph 2, for the words from “the following” to the end substitute “ 3% volume ”;

iii

in paragraph 3—

aa

for “Member States”, in the first place it occurs, substitute “ Secretary of State, with the agreement of the relevant authorities for F63Wales and Scotland, ”;

bb

omit the second sentence;

b

in Section B—

i

in paragraph 3, omit the words from “and only” to the end;

ii

in paragraph 4, omit the words from “in wine-growing zone A” to the end;

iii

in paragraph 6, for the words from “wine”, in the second place it occurs, to the end substitute “ wine to more than 11.5% volume ”;

iv

in paragraph 7—

aa

for the words from “By way of” to “may” substitute “ Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for F63Wales and Scotland, from ”;

bb

for “raise”, in both places it occurs, substitute “ raising ”;

cc

in point (a), omit the words from “in wine-growing zone A” to the end;

dd

in point (b), for “Member States” substitute “ the Secretary of State ”;

c

in Section C—

i

in paragraph 1, for the words from “subject to” to the end, substitute “ subject to de-acidification ”;

ii

in paragraph 6—

aa

for “Member States” substitute “ the Secretary of State, with the agreement of the relevant authorities for F63Wales and Scotland, ”;

bb

omit “in wine-growing zones A and B”;

iii

in paragraph 7, for the words from “except” to “pursuant to” substitute “ subject to any exceptions made under ”;

d

in Section D—

i

in paragraph 1, for the words from “to be” to “pursuant to” substitute “ prescribed under ”;

F64ii

in paragraph 2, for the words from “the wine-growing” to the end substitute “Great Britain”;

iii

in paragraph 3, omit “and in the wine-growing zone”;

iv

in paragraph 4, for the words from “to be” to “pursuant to” substitute “ prescribed under ”;

v

in paragraph 6—

aa

omit point (a);

bb

in point (b), omit “in wine-growing zones A and B”.

3

In Part II—

a

in Section B—

i

in paragraph 1, omit the second sentence;

F66ii

“in paragraph 2, for “the territory of the Union” substitute “Great Britain”;

iii

in paragraph 3—

aa

omit “, Ireland, Poland and”;

bb

for “Member States” substitute “ the Secretary of State, with the agreement of the relevant authorities for F65Wales and Scotland, ”;

F67cc

for “the United Kingdom” substitute “Great Britain”;

iv

omit paragraph 4;

v

in paragraph 5—

aa

for “third” substitute “ other ”;

F70bb

“for “the territory of the Union” substitute “Great Britain”;

b

in Section C—

i

for “a third” substitute “ another ”;

F69ii

“for “a Union” substitute “a Great Britain”;

iii

for “third”, in the second place it occurs, substitute “ other ”;

F68iv

for “the Union” substitute “Great Britain”;

c

in Section D—

i

in paragraph 1, for “Member States”—

aa

in the first place it occurs, substitute “ The Secretary of State, with the agreement of the relevant authorities for F65Wales and Scotland, ”;

bb

in the second place it occurs, substitute F71the relevant authorities for England, Wales and Scotland;

ii

in paragraph 2, omit the second sentence;

iii

in paragraph 4, for “Member State concerned” substitute “ Secretary of State, with the agreement of the relevant authorities for F65Wales and Scotland;

iv

in paragraph 5—

aa

for the words from “Without” to “any” substitute “ Any ”;

bb

for the words from “to be” to “pursuant to” substitute “ prescribed under ”.

I8084

In Annex 10—

F72a

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

b

in Point 11—

i

in paragraph 2, for “Union rules” substitute “ any applicable legislation ”;

ii

in paragraph 3, for “Union” substitute “ national ”.

I8185

Omit Annexes 11 to 13.

Amendment of Regulation (EU) No 1370/2013I9086

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 is amended in accordance with regulations 87 to 93.

I8287

In Article 1—

a

in the heading, at the end insert “ and definitions ”;

b

at the end insert the following subparagraph—

In this Regulation:

a

‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;

b

‘relevant authority’ means:

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iii

in relation to Scotland, the Scottish Ministers;

iv

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

I8388

In Article 3(1)—

a

in the first subparagraph—

i

in point (a), for “3 million” substitute “ 300,000 ”;

ii

in point (b), for “50 000” substitute “ 5,000 ”;

iii

in point (c), for “109 000” substitute “ 11,000 ”;

b

omit the second and third subparagraphs.

I8489

In Article 4(1), for the words from “Member State or” to the end substitute “ constituent nation ”.

I8590

In Article 5—

a

in paragraph 1—

i

omit “Union”;

ii

for the words from “Member” to the end, substitute “ the aid granted by the relevant authority under Article 23 of that Regulation ”;

b

in paragraph 2, in the first subparagraph—

i

omit “Union”;

ii

for the words from “Member” to the end, substitute “ the aid granted by the relevant authority under Article 23 ”;

c

in paragraph 3, omit “Union”;

d

omit paragraphs 4 to 6.

I8691

Omit Articles 7 to 12.

I8792

Omit Article 17 and the sentence which follows it.

I8893

Omit Annex 1.