The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020

Amendment of Commission Implementing Regulation (EU) 2017/892

6.—(1) Commission Implementing Regulation (EU) 2017/892 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors(1) is amended as follows.

(2) In Article 1A(2), at the end insert—

“(e) ‘existing non-UK member’ means an ex-transnational producer organisation member:

(i) who was, immediately before IP completion day, a producer member of a transnational producer organisation within the meaning of Articles 2(b) and 2(d) of Regulation (EU) 2017/891 (as they had effect immediately before IP completion day); and

(ii) at least one of whose holdings is situated in a member State;

(f) ‘ex-transnational producer organisation’ means a producer organisation that was, immediately before IP completion day, recognised in the United Kingdom as a transnational producer organisation within the meaning of Article 2(d) of Regulation (EU) 2017/891 (as it had effect immediately before IP completion day).”.

(3) In Article 9—

(a) in paragraph 6(3), omit the second sentence;

(b) omit paragraph 7.

(4) In Article 21, in the first paragraph(4), omit “, transnational associations of producer organisations”.

(5) In Article 22, for the first sentence substitute—

“The Secretary of State must ensure that a unique identification system applies to producer organisations and associations of producer organisations with regard to their aid applications.”.

(6) At the end of Article 23(5), insert “, and the procedures for the submission of requests for recognition are those published from time to time by the Secretary of State”.

(7) In Article 24—

(a) in paragraph 1, for “Member States” substitute “the Secretary of State”;

(b) in paragraph 2, for “Member States” substitute “The Secretary of State”.

(8) At the end of Article 28, insert—

“3.   If the check reveals any non-compliance with the recognition criteria, the producer organisation or association of producer organisations concerned must send a copy of the report to the Secretary of State within 28 days of the date on which the final version of the report is sent to the producer organisation or association of producer organisations.”.

(9) Omit Articles 32 and 33.

(10) At the end of Article 34(6), insert—

“If a check reveals any non-compliance with the recognition criteria, a detailed report must be made and sent to the Secretary of State in accordance with Article 28.”.

(11) In Article 35(7), after “appropriate authority”, in both places it occurs, insert “or the Secretary of State (as the case may be)”.

(12) Omit Chapter V.

(13) In Annex 2(8), in the words before Section 1 (Administrative Information)—

(a) in the section entitled “Structure of the Annual Report – Part A”—

(i) in point 2—

(aa) in the heading, for the words from “, transnational producer” to the end, substitute “and associations of producer organisations”;

(bb) omit the rows beginning “Table 2.2.” and “Table 2.4.”;

(ii) in point 3, in the rows beginning “Table 3.1.” and “Table 3.2.”, for the words from “, transnational producer” to the end, substitute “and associations of producer organisations”;

(iii) in point 4, in the row beginning “Table 4.1.”, for the words from “transnational producer” to the end, substitute “associations of producer organisations”;

(b) in the section entitled “Explanatory Notes”—

(i) in the subsection entitled “Abbreviations”, omit the rows beginning “Transnational producer organisation” and “Transnational association of producers organisation”;

(ii) in the subsection entitled “Code number (ID) of POs, TPOs, APOs, TAPOs and PGs”—

(aa) in the heading, for “, TPOs, APOs, TAPOs” substitute “and APOs”;

(bb) for “, TPO, APO, TAPO”, in both places it occurs, substitute “or APO”.

(14) In Annex 2, in Section 2 (Information Related to POs, TPOs, APOs and PGs)—

(a) in the heading, for “, TPOs, APOs, TAPOs” substitute “AND APOs”;

(b) in Table 2.1., omit “/TPO(s)/TAPO(s)”, in both places it occurs;

(c) omit Table 2.2.;

(d) in Table 2.3., omit “/TAPO(s)”, in both places it occurs;

(e) omit Table 2.4..

(15) In Annex 2, in Section 3 (Expenditures Information)—

(a) in Table 3.1.—

(i) in the heading, for “, TPOs, APOs and TAPOs” substitute “and APOs”;

(ii) omit the columns headed “All TPOs” and “All TAPOs”;

(b) in Table 3.2.—

(i) in the heading, for “, TPOs, APOs and TAPOs” substitute “and APOs”;

(ii) omit the columns headed “All TPOs” and “All TAPOs”.

(16) In Annex 2, in Section 4 (Monitoring of Operational Programmes)—

(a) in the words before Table 4.1.—

(i) for “, associations” substitute “and associations”;

(ii) omit “, transnational organisations”;

(b) in Table 4.1.—

(i) in the heading, for “, TPOs, APOs and TAPOs” substitute “and APOs”;

(ii) omit the columns headed “All TPOs” and “All TAPOs”.

(1)

EUR 2017/892. Under Article 138 of the withdrawal agreement (as defined in s39(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1)) and s7A of the European Union (Withdrawal) Act 2018 (c. 16), certain common organisation of the markets and rural development measures committed under the multiannual financial framework 2014-20 and previous financial perspectives continue to be governed by directly applicable EU law.

(2)

S.I. 2020/1445 inserts Article 1A into Regulation (EU) 2017/892.

(3)

Article 9(6) is also amended by S.I. 2021/756.

(4)

Article 21 is also amended by S.I. 2021/756.

(5)

Article 23 is substituted by S.I. 2020/1445.

(6)

Article 34 is also amended by S.I. 2021/756.

(7)

S.I. 2020/1445 amends Article 35 to replace the reference to the “competent authority of the Member State concerned” with “appropriate authority”.

(8)

Annex 2 is also amended by S.I. 2021/756.