Regulation (EU) No 1379/2013 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER II U.K. PROFESSIONAL ORGANISATIONS

SECTION I U.K. Establishment, objectives and measures

Article 6 U.K. Establishment of fishery producer organisations and aquaculture producer organisations

1. Fishery producer organisations and aquaculture producer organisations (‘producer organisations’) may be established on the initiative of producers of fishery or aquaculture products in [F1 the United Kingdom] and recognised in accordance with Section II.

2. Where relevant, the specific situation of small-scale producers shall be taken into account when establishing producer organisations.

3. A producer organisation that is representative of both fishery and aquaculture activities may be established as a joint fishery and aquaculture producer organisation.

Textual Amendments

F1 Words in Art. 6(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Objectives of producer organisations

1. Fishery producer organisations shall pursue the following objectives:

(a) promoting the viable and sustainable fishing activities of their members in full compliance with the conservation policy, as laid down, in particular, in Regulation (EU) No 1380/2013 and in environmental law, while respecting social policy and, where [F2 a fisheries administration] so provides, participating in the management of marine biological resources;

(b) avoiding and reducing as far as possible unwanted catches of commercial stocks and, where necessary, making the best use of such catches, without creating a market for those that are below the minimum conservation reference size, in accordance with Article 15 of Regulation (EU) No 1380/2013;

(c) contributing to the traceability of fishery products and access to clear and comprehensive information for consumers;

(d) contributing to the elimination of illegal, unreported and unregulated fishing.

2. Aquaculture producer organisations shall pursue the following objectives:

(a) promoting the sustainable aquaculture activities of their members through providing opportunities for their development in full compliance with, in particular, Regulation (EU) No 1380/2013 and with environmental law, while respecting social policy;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed.

3. Producer organisations shall, in addition to the objectives laid down in paragraphs 1 and 2, pursue two or more of the following objectives:

(a) improving the conditions for the placing on the market of their members' fishery and aquaculture products;

(b) improving economic returns;

(c) stabilising the markets;

(d) contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas;

(e) reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears.

4. Producer organisations may pursue other complementary objectives.

Textual Amendments

F2 Words in Art. 7(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 7(2)(b) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Measures deployable by producer organisations

1. In order to achieve the objectives set out in Article 7, producer organisations may, inter alia, make use of the following measures:

(a) adjusting production to market requirements;

(b) channelling the supply and marketing of their members' products;

(c) promoting the [F4 United Kingdom] fishery and aquaculture products of their members in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

(d) controlling and taking measures to ensure that their members' activities comply with the rules established by the producer organisation concerned;

(e) promoting vocational training and cooperation programmes to encourage young people to enter the sector;

(f) reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears;

(g) promoting the use of information and communication technology to improve marketing and prices;

(h) facilitating consumer access to information on fishery and aquaculture products.

2. Fishery producer organisations may also make use of the following measures:

(a) collectively planning and managing the fishing activities of their members, subject to the organisation, by [F5 a fisheries administration], of the management of marine biological resources, including developing and implementing measures to improve the selectivity of fishing activities and advising competent authorities;

(b) avoiding and minimising unwanted catches through involvement in the development and application of technical measures, and making the best use of unwanted catches of commercial stocks without creating a market for those catches that are below the minimum conservation reference size, in accordance with Article 15(11) of Regulation (EU) No 1380/2013 and Article 34(2) of this Regulation, as appropriate;

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Aquaculture producer organisations may also make use of the following measures:

(a) promoting sustainable aquaculture activities, notably in terms of environmental protection, animal health and animal welfare;

(b) collecting information on the marketed products, including economic information on first sales, and on production forecasts;

(c) collecting environmental information;

(d) planning the management of the aquaculture activities of their members;

(e) supporting programmes for professionals to promote sustainable aquaculture products[F7 ;]

[F8 (f) managing temporary storage for aquaculture products in accordance with Articles 30 and 31 of this Regulation.]

Textual Amendments

F4 Words in Art. 8(1)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 8(2)(a) substituted (31.12.2020) by S.I. 2019/739, reg. 19(7)(b)(i) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 11(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 8(2)(c) omitted (31.12.2020) by S.I. 2019/739, reg. 19(7)(b)(ii) (as substituted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 11(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Substituted by Regulation (EU) 2020/560 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 508/2014 and (EU) No 1379/2013 as regards specific measures to mitigate the impact of the COVID‐19 outbreak in the fishery and aquaculture sector.

F8 Inserted by Regulation (EU) 2020/560 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 508/2014 and (EU) No 1379/2013 as regards specific measures to mitigate the impact of the COVID‐19 outbreak in the fishery and aquaculture sector.

Article 9 U.K. Establishment of associations of producer organisations

1. An association of producer organisations may be established at the initiative of producer organisations recognised in [F9 the United Kingdom].

2. The provisions of this Regulation applicable to producer organisations shall also apply to associations of producer organisations unless stated otherwise.

Textual Amendments

F9 Words in Art. 9(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Objectives of associations of producer organisations

1. Associations of producer organisations shall pursue the following objectives:

(a) performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7;

(b) coordinating and developing activities of common interest for the member producer organisations.

F10 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Art. 10(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Establishment of inter-branch organisations

Inter-branch organisations may be established at the initiative of operators of fishery and aquaculture products in [F11 the United Kingdom] and recognised in accordance with Section II.

Textual Amendments

F11 Words in Art. 11 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Objectives of inter-branch organisations

Inter-branch organisations shall improve the coordination of, and the conditions for, making fishery and aquaculture products available on the F12 ... market.

Textual Amendments

F12 Word in Art. 12 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Measures deployable by inter-branch organisations

In order to achieve the objectives referred to in Article 12, inter-branch organisations may make use of the following measures:

(a)

drawing up standard contracts which are compatible with [F13 applicable] legislation;

(b)

promoting [F14 United Kingdom] fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

(c)

laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in F15 ... legislation;

(d)

improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, on quality and traceability matters, on food safety and in order to encourage research initiatives;

(e)

performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data;

(f)

providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations;

(g)

promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed;

(h)

controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned.

Textual Amendments

F13 Word in Art. 13(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 13(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 13(c) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

SECTION II U.K. Recognition

Article 14 U.K. Recognition of producer organisations

1. [F16 A fisheries administration] may recognise as producer organisations all groups set up on the initiative of fishery or aquaculture producers which apply for such recognition, provided that they:

(a) comply with the principles set out in Article 17 and with the rules adopted for their application;

(b) are sufficiently economically active in the [F17 United Kingdom] or a part thereof, in particular as regards the number of members or the volume of marketable production;

[F18 (c) have legal personality, are established in the United Kingdom and have their official headquarters there;]

(d) are capable of pursuing the objectives laid down in Article 7;

(e) comply with the competition rules referred to in Chapter V;

(f) do not abuse a dominant position on a given market; and

(g) provide relevant details of their membership, governance and sources of funding.

2. Producer organisations recognised before 29 December 2013 shall be considered to be producer organisations for the purposes of this Regulation, and to be bound by its provisions.

Textual Amendments

F16 Words in Art. 14(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(13)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 14(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(13)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 14(1)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(13)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F19 Article 15 U.K. Financial support to producer organisations or associations of producer organisations

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Textual Amendments

F19 Art. 15 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(14); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Recognition of inter-branch organisations

1. [F20 A fisheries administration] may recognise as inter-branch organisations the groups of operators established [F21 in the United Kingdom] which apply for such recognition, provided that they:

(a) comply with the principles set out in Article 17 and with the rules adopted for their application;

(b) represent a significant share of production activity and of either processing or marketing activities or of both, concerning fishery and aquaculture products or products processed from fishery and aquaculture products;

(c) are not themselves engaged in the production, processing or marketing of fishery and aquaculture products or products processed from fishery and aquaculture products;

[F22 (d) have legal personality, are established in the United Kingdom and have their official headquarters there;]

(e) are capable of pursuing the objectives laid down in Article 12;

(f) take into account the interest of consumers;

(g) do not hinder the sound operation of the CMO; and

(h) comply with the competition rules referred to in Chapter V.

2. Organisations established before 29 December 2013 may be recognised as inter-branch organisations for the purposes of this Regulation provided that [F23 a fisheries administration] is satisfied that they comply with the provisions of this Regulation regarding inter-branch organisations.

3. Inter-branch organisations recognised before 29 [F24 December] 2013 shall be considered to be inter-branch organisations for the purposes of this Regulation and to be bound by its provisions.

Textual Amendments

F20 Words in Art. 16(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(15)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 16(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(15)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 16(1)(d) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(15)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 16(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F24 Word in Art. 16(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 17 U.K. Internal functioning of producer organisations and inter-branch organisations

The internal functioning of producer organisations and inter-branch organisations referred to in Articles 14 and 16 shall be based on the following principles:

(a)

compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing;

(b)

non-discrimination among members, particularly on grounds of nationality or place of establishment;

(c)

the levying of a financial contribution from its members in order to finance the organisation;

(d)

a democratic functioning that enables the members to scrutinise their organisation and its decisions;

(e)

the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions;

(f)

the definition of rules on the admission of new members and the withdrawal of membership;

(g)

the definition of the accounting and budgetary rules necessary for the management of the organisation.

Article 18 U.K. Checks and withdrawal of recognition F25 ...

1. [F26 A fisheries administration must] carry out checks at regular intervals to verify that producer organisations and inter-branch organisations comply with the conditions for recognition laid down in Articles 14 and 16 respectively. A finding of non-compliance may result in the withdrawal of recognition.

F27 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in Art. 18 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(16)(a); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 18(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 18(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(16)(c); 2020 c. 1, Sch. 5 para. 1(1)

F28 Article 19 U.K. Allocation of fishing opportunities

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Textual Amendments

F28 Art. 19 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(17); 2020 c. 1, Sch. 5 para. 1(1)

F29 Article 20 U.K. Checks by the Commission

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Textual Amendments

F29 Art. 20 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(17); 2020 c. 1, Sch. 5 para. 1(1)

[F30 Article 21 U.K. Regulations on recognition of producer organisations and inter-branch organisations

1. A fisheries administration may make regulations in relation to the time limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18.

2. When making regulations under paragraph 1, a fisheries administration must consider, where appropriate, adapting the regulations to the special characteristics of small-scale fisheries and aquaculture.]

Textual Amendments

F30 Art. 21 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 33(2); 2020 c. 1, Sch. 5 para. 1(1)

SECTION III U.K. Extension of rules

Article 22 U.K. Extension of rules of producer organisations

1. A [F31 fisheries administration] may make the rules agreed within a producer organisation binding on producers who are not members of the organisation and who market any of the products within the area in which the producer organisation is representative, provided that:

(a) the producer organisation has been established for a period of at least one year and is considered to be representative of production and marketing, including, where relevant, the small–scale and artisanal sector, in [F32 the United Kingdom] and makes an application to [F33 a fisheries administration];

(b) the rules to be extended concern any of the measures for producer organisations laid down in points (a), (b) and (c) of Article 8(1), points (a) and (b) of Article 8(2) and points (a) to (e) of Article 8(3);

(c) the competition rules referred to in Chapter V are complied with.

2. For the purposes of point (a) of paragraph 1, a fishery producer organisation is considered to be representative where it accounts for at least 55 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.

3. For the purposes of point (a) of paragraph 1, an aquaculture producer organisation is considered to be representative where it accounts for at least 40 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.

4. The rules to be extended to non-members shall apply for a period of between 60 days and 12 months.

Textual Amendments

F31 Words in Art. 22(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(18)(a); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 22(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(18)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 22(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(18)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 23 U.K. Extension of the rules of inter-branch organisations

1. A [F34 fisheries administration] may make some of the agreements, decisions or concerted practices agreed on within an inter-branch organisation binding in the specific area or areas on other operators who do not belong to that organisation, provided that:

(a) the inter-branch organisation covers at least 65 % of each of at least two of the following activities: production, processing or marketing of the relevant product during the previous year in the area or areas concerned of [F35 the United Kingdom], and makes an application to [F36 a fisheries administration]; and

(b) the rules to be extended to other operators concern any of the measures for inter-branch organisations laid down in points (a) to (g) of Article 13 and do not cause any damage to other operators in the [F37 United Kingdom].

2. The extension of rules may be made binding for no more than three years F38 ....

Textual Amendments

F34 Words in Art. 23(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(19)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 23(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(19)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 23(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(19)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 23(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(19)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 23(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K. Liability

When rules are extended to non-members in accordance with Articles 22 and 23, [F39 a fisheries administration] may decide that non-members are liable to the producer organisation or the inter-branch organisation for the equivalent of all or part of the costs paid by members as a result of the application of the rules that have been extended to non-members.

Textual Amendments

F39 Words in Art. 24 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(20); 2020 c. 1, Sch. 5 para. 1(1)

F40 Article 25 U.K. Authorisation by the Commission

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Textual Amendments

F40 Arts. 25-27 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(21); 2020 c. 1, Sch. 5 para. 1(1)

F40 Article 26 U.K. Withdrawal of authorisation

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Textual Amendments

F40 Arts. 25-27 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(21); 2020 c. 1, Sch. 5 para. 1(1)

F40 Article 27 U.K. Implementing acts

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Textual Amendments

F40 Arts. 25-27 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(21); 2020 c. 1, Sch. 5 para. 1(1)

SECTION IV U.K. Production and marketing planning

Article 28 U.K. Production and marketing plan

1. Each producer organisation shall submit a production and marketing plan for, at least, its main marketed species to [F41 a fisheries administration] for approval. Such production and marketing plans shall have the aim of achieving the objectives laid down in Articles 3 and 7.

2. The production and marketing plan shall comprise:

(a) a production programme for caught or farmed species;

(b) a marketing strategy to match the quantity, quality and presentation of supply to market requirements;

(c) measures to be taken by the producer organisation in order to contribute to the objectives laid down in Article 7;

(d) special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the year;

(e) penalties applicable to members who infringe decisions adopted to implement the plan concerned.

3. [F42 A fisheries administration must] approve the production and marketing plan. Once the plan is approved, the producer organisation shall immediately implement it.

4. Producer organisations may revise the production and marketing plan and shall, in such case, submit it for approval to [F43 a fisheries administration].

5. The producer organisation shall prepare an annual report of its activities under the production and marketing plan and shall submit it to [F44 a fisheries administration] for approval.

F45 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. [F46 A fisheries administration must] carry out checks to ensure that each producer organisation fulfils the obligations provided for in this Article. A finding of non-compliance may result in the withdrawal of recognition.

[F47 8. In line with the objective set out in point (b) of Article 7(1), producer organisations shall ensure, in the production and marketing plans which they submit pursuant to paragraph 1 of this Article, that the landing of marine organisms below the minimum conservation reference size does not lead to the development of activities aimed specifically at the catching of those marine organisms.

When carrying out the checks required by paragraph 7 of this Article, [F48 a fisheries administration must] ensure that producer organisations fulfil the obligation set out in the first subparagraph of this paragraph.]

Textual Amendments

F41 Words in Art. 28(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(22)(a); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 28(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(22)(b); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 28(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(22)(c); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 28(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(22)(d); 2020 c. 1, Sch. 5 para. 1(1)

F45 Art. 28(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(22)(e); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 28(7) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(22)(f); 2020 c. 1, Sch. 5 para. 1(1)

F47 Inserted by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98.

F48 Words in Art. 28(8) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(22)(g); 2020 c. 1, Sch. 5 para. 1(1)

[F49 Article 29 U.K. Regulations on production and marketing plans

A fisheries administration may make regulations in relation to the format and structure of the production and marketing plan referred to in Article 28 and the procedure and time limits for the submission by producer organisations and the approval of such plans.]

Textual Amendments

F49 Art. 29 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 33(3); 2020 c. 1, Sch. 5 para. 1(1)

SECTION V U.K. Stabilisation of the markets

F50 Article 30 U.K. Storage mechanism

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Textual Amendments

F50 Arts. 30-32 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(23); 2020 c. 1, Sch. 5 para. 1(1)

F50 Article 31 U.K. Prices triggering the storage mechanism

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Textual Amendments

F50 Arts. 30-32 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(23); 2020 c. 1, Sch. 5 para. 1(1)

F50 Article 32 U.K. Implementing acts

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

Textual Amendments

F50 Arts. 30-32 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(23); 2020 c. 1, Sch. 5 para. 1(1)