This Regulation lays down the conditions under which information provision and promotion measures concerning agricultural products and certain food products based on agricultural products implemented [F3within or outside the United Kingdom] (‘information provision and promotion measures’), may be fully or partially financed [F4by the relevant authority].
[F5In this Regulation—
(a)‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;
(b)‘relevant authority’ means:
— in relation to England, the Secretary of State;
— in relation to Wales, the Welsh Ministers;
— in relation to Scotland, the Scottish Ministers;
— in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.]
[F6(c)‘appropriate authority’ means:
(i)the relevant authority for the constituent nation in which the regulations apply, or
(ii)if consent is given by the relevant authority for the constituent nation in which the regulations apply, the Secretary of State.]
Textual Amendments
F2Words in Art. 1 heading inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 95(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 95(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 95(c); 2020 c. 1, Sch. 5 para. 1(1)
1.The general objective of the information provision and promotion measures is to enhance the competitiveness of the [F7United Kingdom] agricultural sector.
2.The specific objectives of the information provision and promotion measures are to:
(a)increase awareness of the merits of [F7United Kingdom] agricultural products and of the high standards applicable to the production methods in the [F7United Kingdom];
(b)increase the competitiveness and consumption of [F7United Kingdom] agricultural products and certain food products and to raise their profile both inside and outside the [F7United Kingdom];
(c)increase the awareness and recognition of [F7United Kingdom] quality schemes;
(d)increase the market share of [F7United Kingdom] agricultural products and certain food products, specifically focusing on those markets [F8outside the United Kingdom] that have the highest growth potential;
(e)restore normal market conditions in the event of serious market disturbance, loss of consumer confidence or other specific problems.
Textual Amendments
The information provision and promotion measures shall aim to:
highlight the specific features of agricultural production methods in the [F9United Kingdom], particularly in terms of food safety, traceability, authenticity, labelling, nutritional and health aspects, animal welfare, respect for the environment and sustainability, and the characteristics of agricultural and food products, particularly in terms of their quality, taste, diversity or traditions;
raise awareness of the authenticity of F10... protected designations of origin, protected geographical indication and traditional specialities guaranteed.
Those measures shall in particular consist of public relation work and information campaigns and may also take the form of participation in events, fairs and exhibitions of national, F10... and international importance.
Textual Amendments
F9Words in Art. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 97(a); 2020 c. 1, Sch. 5 para. 1(1)
F10Word in Art. 3 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 97(b); 2020 c. 1, Sch. 5 para. 1(1)
1.Information provision and promotion measures shall not be brand-oriented. Nevertheless, it shall be possible for commercial brands to be visible during demonstrations or tastings and on information and promotional material, provided that the principle of non-discrimination is respected and that the overall, non-brand-oriented nature of the measures remains unchanged. The principle of non-discrimination shall apply, ensuring equal treatment and access for all brands of the proposing organisations F11.... Each brand shall be equally visible and its graphic presentation shall use a smaller format than the main F12... message of the campaign. Several brands shall be displayed, except in duly justified circumstances pertaining to the specific situation of the [F13proposing organisations concerned].
F142.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F153.The appropriate authority may make regulations laying down detailed rules concerning the visibility of commercial brands during demonstrations or tastings and on information and promotional material, as referred to in paragraph 1, as well as the uniform conditions under which a single brand may be displayed.]
Textual Amendments
F11Words in Art. 4(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 98(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F12Word in Art. 4(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 98(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 4(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 98(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 4(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 98(b); 2020 c. 1, Sch. 5 para. 1(1)
F15Art. 4(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 47; 2020 c. 1, Sch. 5 para. 1(1)
1.Information provision and promotion measures may cover the following products:
(a)the products listed in Annex I to the TFEU, excluding tobacco;
(b)the products listed in Annex I to this Regulation;
(c)spirit drinks with a protected geographical indication pursuant to Regulation (EC) No 110/2008 of the European Parliament and of the Council(1).
[F162.In order to take account of market developments, the appropriate authority may make regulations supplementing the list in Annex I to this Regulation by adding food products to that list.]
3.Notwithstanding paragraph 1:
(a)the information provision and promotion measures may only cover wine with designation of origin or protected geographical indication status and wine carrying an indication of the wine grape variety; in the case of simple programmes referred to in Article 6(3), the programme in question must also cover other products referred to in points (a) and (b) of paragraph 1;
(b)with regard to spirit drinks as referred to in point (c) of paragraph 1, wine as referred to in point (a) of this paragraph and beer, measures targeting [F17the market in the United Kingdom or a constituent nation] shall be limited to informing consumers of the schemes set out in paragraph 4 and of the responsible consumption of those beverages;
(c)the fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 may be the subject of information provision and promotion measures only if other products referred to in paragraph 1 are also covered by the programme in question.
4.Information provision and promotion measures may cover the following schemes:
(a)the quality schemes established by Regulation (EU) No 1151/2012, Regulation (EC) No 110/2008 and Article 93 of Regulation (EU) No 1308/2013;
(b)the organic production method as defined by Council Regulation (EC) No 834/2007(2);
F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the quality schemes as referred to in points (b) and (c) of Article 16(1) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council(3).]
Textual Amendments
F16Art. 5(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 48; 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Regulation revoked (E.W.S.) (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 2 (with s. 1(3)(4)) (as amended by S.I. 2023/1143, regs. 2(2), 3(3), 4, Sch. 1 Pt. 3); S.I. 2023/1363, reg. 2
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).