Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. Exceptional measures

Section 1 U.K. Market disturbance

Article 219 U.K. Measures against market disturbance

[F1 A1. This Article does not apply in relation to agricultural producers in England.]

[F2 A2. This Article does not apply in relation to agricultural producers in Wales.]

1. In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or other events and circumstances significantly disturbing or threatening to disturb the market, where that situation, or its effects on the market, is likely to continue or deteriorate, the [F3 appropriate authority may make regulations] to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements F4 ... and provided that any other measures available under this Regulation appear to be insufficient.

F5 ...

Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or provide for export refunds, or suspend import duties in whole or in part including for certain quantities or periods as necessary.

2. The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I.

[F6 However, the appropriate authority may make regulations applying the measures referred to in paragraph 1 to one or more of the products listed in Section 2 of Part XXIV of Annex I.]

[F7 3. The appropriate authority may make regulations laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article.]

Textual Amendments

F1 Art. 219(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F2 Art. 219(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F3 Words in Art. 219(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 219(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 219(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 219(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 219(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 31(c); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Market support measures related to animal diseases and loss of consumer confidence due to public, animal or plant health risks

Article 220 U.K. Measures concerning animal diseases and loss of consumer confidence due to public, animal or plant health risks

[F8 A1. This Article does not apply in relation to agricultural producers in England.]

[F9 A2. This Article does not apply in relation to agricultural producers in Wales.]

1. The [F10 appropriate authority may make regulations] taking exceptional support measures for the affected market in order to take account of:

(a) restrictions on [F11 trade within the United Kingdom and international] trade which may result from the application of measures for combating the spread of diseases in animals; and

(b) serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks.

F12 ...

2. The measures provided for in paragraph 1 shall apply to any of the following sectors:

(a) beef and veal;

(b) milk and milk products;

(c) pigmeat;

(d) sheepmeat and goatmeat;

(e) eggs;

(f) poultrymeat.

The measures provided for in point (b) of the first subparagraph of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to all other agricultural products except those listed in Section 2 of Part XXIV of Annex I.

The [F13 appropriate authority may make regulations], extending the list of products in the first two subparagraphs of this paragraph.

F14 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The measures provided for in point (a) of the first subparagraph of paragraph 1 may be taken only if [F15 health and veterinary measures have been taken] to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

F16 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Art. 220(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F9 Art. 220(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F10 Words in Art. 220(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 220(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 220(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 220(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 220(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(c); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 220(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(d); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 220(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(e); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 220(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 32(e); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Specific problems

Article 221 U.K. Measures to resolve specific problems

[F18 A1. This Article does not apply in relation to agricultural producers in England.]

[F19 A2. This Article does not apply in relation to agricultural producers in Wales.]

1. The [F20 appropriate authority may make regulations] taking necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. F21 ...

2. [F22 The appropriate authority may make regulations to] resolve specific problems, and on duly justified imperative grounds of urgency, relating to situations likely to cause a rapid deterioration of production and market conditions which could be difficult to address if the adoption of measures were delayedF23 ....

3. The [F24 appropriate authority may make regulations] under paragraph 1 F25 ... only if it is not possible to adopt the required emergency measures in accordance with Article 219 or 220.

[F26 4. Regulations made under paragraph 1 or 2 may remain in force for a period not exceeding 12 months.

If it appears to the appropriate authority that the specific problems which led to the making of the regulations under paragraph 1 or 2 will persist beyond the period for which they are in force, the appropriate authority may make further regulations to address the problems. Such regulations may only remain in force for a period not exceeding 12 months.

The power to make further regulations under the second subparagraph may not be exercised more than twice.]

F27 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Art. 221(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F19 Art. 221(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F20 Words in Art. 221(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 221(1) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 221(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 221(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 221(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 221(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F26 Art. 221(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(d); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 221(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 33(e); 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Agreements and decisions during periods of severe imbalance in markets

Article 222 U.K. Application of Article 101(1) TFEU

[F28 A1. This Article does not apply in relation to agricultural producers in England.]

[F29 A2. This Article does not apply in relation to agricultural producers in Wales.]

[F30 1. During periods of severe imbalance in markets, the [F31 Secretary of State may make regulations to the effect that section 2 of the Competition Act 1998] is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of [F32 trade within the United Kingdom], strictly aim to stabilise the sector concerned and fall under one or more of the following categories:]

(a) market withdrawal or free distribution of their products;

(b) transformation and processing;

(c) storage by private operators;

(d) joint promotion measures;

(e) agreements on quality requirements;

(f) joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the [F33 United Kingdom] or of inputs necessary to address the effects of natural disasters in the [F33 United Kingdom];

(g) temporary planning of production taking into account the specific nature of the production cycle.

[F34 Regulations made under this paragraph must specify the substantive and geographic scope of the derogation and the period for which the derogation applies.]

F35 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.

However, the [F36 Secretary of State may make regulations] authorising such agreements and decisions for a further period of up to six-months. F37 ...

Textual Amendments

F28 Art. 222(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)

F29 Art. 222(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)

F30 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F31 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 222(1)(f) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F35 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F36 Words in Art. 222(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 222(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)