The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019

• Citation: S.I. 2019/821
• Sections: 116

Section 1 Citation and commencement

These Regulations may be cited as the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

Section 2 Amendment of Regulation (EU) No 1308/2013

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.

Section 3

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

Section 4

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 Annexes 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.

Section 5

Omit Article 7.

Section 6

In Article 8, in point (a)—

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

(b) for “them” substitute “ it ” .

Section 7

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

Section 8

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”.

Section 9

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 ” .

Section 10

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 ” .

Section 11

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

Section 12

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

Section 13

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 ” .

Section 14

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.

Section 15

Omit Articles 29 to 31.

Section 16

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 ” .

Section 17

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);

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ” .

Section 18

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.

Section 19

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.

Section 20

Omit Articles 39 to 54.

Section 21

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”.

Section 22

Omit Articles 58 to 72.

Section 23

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

Section 24

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

Section 25

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

Section 26

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

Section 27

In Article 80—

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

(b) in paragraph 2—

(i) in the first subparagraph—

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

(bb) omit point (a);

(cc) in point (b), omit “national”;

(ii) 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 ” .

Section 28

In Article 81—

(a) 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 Great 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 Great Britain for the purposes of wine production. The Secretary of State must take into account any views of the relevant authorities for Wales 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.

Section 29

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 in 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 the 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 ” ;

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

(e) omit paragraph 5.

Section 30

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 in England, Wales or Scotland ” .

Section 31

Omit Article 88(2).

Section 32

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 ” ;

(b) 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 IP completion day , or which are still in the finishing process immediately before IP 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 IP completion day ;

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

Section 33

In Article 93—

(a) in paragraph 3—

(i) for “third” substitute “ other ” ;

(ii) for “the Union” substitute “Great Britain”;

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

Section 34

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 ” .

Section 35

Omit Article 96.

Section 36

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.

Section 37

In Article 100, omit paragraphs 2 and 3.

Section 38

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”.

Section 39

In Article 102—

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

(b) in paragraph 2—

(i) for “the territory of the Union” substitute “Great Britain”;

(ii) for the words from “Directive” to the end substitute “ the Trade Marks Act 1994 ” .

Section 40

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

Section 41

In Article 104—

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

(b) for “third” substitute “ other ” ;

(c) 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”.

Section 42

Omit Article 108.

Section 43

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” .

Section 44

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

Section 45

In Article 118—

(a) for the first paragraph substitute—

Save as otherwise provided for in this Regulation, the Food (Lot Marking) Regulations 1996 , ... the Weights and Measures (Intoxicating Liquor) Order 1988 , ... the Weights and Measures (Miscellaneous Foods) Order 1988 , ... 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”.

Section 46

In Article 119 —

(a) “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 IP completion day , or which are still in the finishing process immediately before IP 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 IP completion day ;

(b) other than those falling within point (a), which are imported into the United Kingdom before 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 IP completion day .

Section 47

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 of 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.

Section 48

In Article 121—

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

(aa) 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 Great Britain before 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 IP completion day .

Section 49

Omit Article 124.

Section 50

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 ” .