2019 No. 821

Exiting The European Union

Agriculture

The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019
Made
4th April 2019
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 , makes the following Regulations.
There has been consultation through representative bodies as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1

Introductory

Citation and commencement
1
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.
PART 2

Common Market Organisation Amendments

Amendment of Regulation (EU) No 1308/2013
2
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.
3
In Article 1(1), for “Union legislative acts” substitute “retained EU law”.
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 Annex X, 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.
.
5
Omit Article 7.
6
In Article 8, in point (a)—
a
for “competent authorities of the Member States” substitute “appropriate authority”;
b
for “them” substitute “it”.
7
In Article 9, for “Union”, in each place it occurs, substitute “United Kingdom”.
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”.
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”.
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”.
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”.
12
In Article 22, for “competent authorities of Member States” substitute “relevant authority”.
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”.
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.
15
Omit Articles 29 to 31.
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”.
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
in point (d), omit “and financial contributions to replenish mutual funds”;
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”.
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.
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.
20
Omit Articles 39 to 54.
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”.
22
Omit Articles 58 to 72.
23
In Article 74, for “Union” substitute “United Kingdom”.
24
In Article 76(3), for “Union” substitute “United Kingdom”.
25
In Article 77(1), for “Union” substitute “United Kingdom”.
26
In Article 78(2), for “Union” substitute “United Kingdom”.
27
In Article 80—
a
in paragraph 1, for “Union”, in both places it occurs, substitute “United Kingdom”;
b
in paragraph 2—
i
in the first subparagraph—
aa
for “Union”, in the first place it occurs, substitute “United Kingdom”;
bb
omit point (a);
cc
in point (b), omit “national”;
ii
in the second subparagraph, for “Member States” substitute “and provided each relevant authority agrees, the Secretary of State”;
c
in paragraph 3, for “Commission” substitute “Secretary of State”.
28
In Article 81—
a
in paragraph 1, for “Union” substitute “United Kingdom”;
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 United Kingdom 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 United Kingdom for the purposes of wine production. The Secretary of State must take into account any views of the relevant authorities for Wales, Scotland and Northern Ireland 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.
.
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 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 each relevant authority agrees, from limiting or prohibiting the use of certain oenological practices or providing for more stringent rules for wine production”;
d
in paragraph 3—
i
for “Member States” substitute “The Secretary of State”;
ii
at the end insert “provided each relevant authority agrees”;
e
omit paragraph 5.
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”.
31
Omit Article 88(2).
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 “Union” substitute “United Kingdom”;
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 exit day, or which are still in the finishing process immediately before exit 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 exit day;
b
other than products falling within point (a), which are imported into the United Kingdom on or before 31 December 2020, may be produced in accordance with oenological practices authorised pursuant to this Regulation as it had effect immediately before exit day.
.
33
In Article 93—
a
in paragraph 3—
i
for “third” substitute “other”;
ii
for “Union” substitute “United Kingdom”;
b
in paragraph 5, omit “Member State or third”.
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”.
35
Omit Article 96.
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.
37
In Article 100, omit paragraphs 2 and 3.
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”.
39
In Article 102—
a
in paragraph 1, in point (a), for “Commission” substitute “Secretary of State”;
b
in paragraph 2—
i
for “territory of the Union” substitute “United Kingdom”;
ii
for the words from “Directive” to the end substitute “the Trade Marks Act 1994 ”.
40
In Article 103(3), for “Union” substitute “United Kingdom”.
41
In Article 104—
a
for “Commission” substitute “Secretary of State”;
b
for “third” substitute “other”;
c
for “Union”, in both places it occurs, substitute “United Kingdom”.
42
Omit Article 108.
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”.
44
In Article 113(3), for “Union” substitute “United Kingdom”.
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 Food (Lot Marking) Regulations (Northern Ireland) 1996 , the Weights and Measures (Intoxicating Liquor) Order 1988 , the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989 , the Weights and Measures (Miscellaneous Foods) Order 1988 , the Weights and Measures (Miscellaneous Foods) Order (Northern Ireland) 1989 , 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”.
46
In Article 119(1)—
a
in paragraph 1, for “Union” substitute “United Kingdom”;
b
after paragraph 3 insert—
4
By way of derogation, products referred to in paragraph 1:
a
which are produced before exit day, or which are still in the finishing process immediately before exit 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 exit day;
b
other than those falling within point (a), which are imported into the United Kingdom on or before 31 December 2020, may be marketed if the labelling and presentation of those products complies with this Regulation as it had effect immediately before exit day.
.
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 or 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.
.
48
In Article 121—
a
for “one or more official language of the Union”, in both places it occurs, 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 the United Kingdom prior to 31 December 2020 if they comply with the requirements of this Article as it had effect immediately before exit day.
.
49
Omit Article 124.
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”.
51
Omit Articles 127 to 145.
52
In Article 146—
a
in paragraph 1—
i
for “Member States”, in both places it occurs, substitute “the Secretary of State”;
ii
omit “Union”;
iii
at the end insert “Any designation under this paragraph must be agreed by the relevant authorities for Wales, Scotland and Northern Ireland.”;
b
for paragraph 2 substitute—
2
The Secretary of State shall publish the names and addresses of the authorities and laboratories referred to in paragraph 1 and shall update them periodically.
.
53
In Article 147, in paragraph 1, for “Union” substitute “United Kingdom”.
54
In Article 167—
a
in paragraph 1—
i
for the words from the beginning to “lay” substitute “Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland, from laying”;
ii
at the end of the first subparagraph, insert “Any such rules must be made with a view to improving and stabilising the operation of the market in wines, including the grapes, musts and wines from which they derive.”;
iii
in point (d), omit “national and Union”;
b
omit paragraphs 2 and 3.
55
Omit Article 172.
56
Omit Article 175.
57
In Article 190 in paragraph 1—
a
for “third” substitute “other”;
b
for “Union” substitute “United Kingdom”.
58
Omit Articles 192 and 193.
59
In Article 196(1)—
a
for “concluded in accordance with the TFEU” substitute “to which the United Kingdom is a party”;
b
for “Union” substitute “United Kingdom”;
c
in point (b) for “Council Regulation (EC) No 1216/2009” substitute “Regulation (EU) No 510/2014”.
60
In Article 197, in point (a), for “Union” substitute “United Kingdom”.
61
In Article 198(1)—
a
for “Union” substitute “of the United Kingdom”;
b
for the words from “concluded” to “TFEU” substitute “to which the United Kingdom is a party”.
62
In Article 199(3), for point (a) substitute—
a
the products have been exported from the United Kingdom in accordance with the applicable export provisions, as construed in accordance with section 35(2) of the Taxation (Cross-border) Trade Act 2018 ;
.
63
In Article 200, for “Union” substitute “retained EU”.
64
In Article 201, for “concluded in accordance with the TFEU” substitute “to which the United Kingdom is a party”.
65
In Article 206—
a
in the heading, omit “Commission guidelines on”;
b
for the first paragraph substitute—
Save as otherwise provided in this Regulation and subject, in particular, to Articles 207 to 210 of this Regulation, the Competition Act 1998 shall apply to all agreements, decisions and practices referred to in sections 2(1) and 18(1) of that Act which relate to the production of, or trade in, agricultural products.
;
c
omit the second and third paragraphs.
66
In Article 209—
a
in the heading, for “of the CAP” substitute “set out in Article 39 TFEU”;
b
in paragraph 1, in the first and second subparagraphs, for “Article 101(1) TFEU” substitute “Section 2(1) of the Competition Act 1998”;
c
in paragraph 2—
i
in the second subparagraph, for “Commission” substitute “Competition and Markets Authority”;
ii
in the third subparagraph—
aa
for “Commission”, in both places it occurs, substitute “Competition and Markets Authority”;
bb
omit the words from “, at its” to “State,”;
iii
in the fourth subparagraph—
aa
omit “national or Union”;
bb
for “Article 101 TFEU” substitute “section 2 of the Competition Act 1998”;
cc
for “Article 101(1) TFEU” substitute “section 2(1) of the Competition Act 1998”.
67
In Article 210—
a
in paragraph 1, for “Article 101(1) TFEU” substitute “Section 2(1) of the Competition Act 1998”;
b
in paragraph 2—
i
in point (a), for “Commission” substitute “Competition and Markets Authority”;
ii
in point (b)—
aa
for “Commission” substitute “Competition and Markets Authority”;
bb
for “Union rules” substitute “any applicable legislation”;
iii
in the second subparagraph—
aa
for “Commission” substitute “Competition and Markets Authority”;
bb
for “Union rules” substitute “any applicable legislation”;
cc
omit the words from “without” to the end;
c
in paragraph 4—
i
in the introductory words, for “Union rules” substitute “any applicable legislation”;
ii
in point (a), for “Union” substitute “United Kingdom”;
iii
in point (c), for “of the CAP” substitute “set out in Article 39 TFEU which are”;
d
in paragraph 5—
i
in the first subparagraph—
aa
for “Commission” substitute “Competition and Markets Authority”;
bb
omit from “, without” to “(3),”;
cc
for “Article 101(1) TFEU” substitute “section 2(1) of the Competition Act 1998”;
ii
in the second subparagraph, for “That Commission decision” substitute “That decision of the Competition and Markets Authority”;
e
in paragraph 6—
i
for “Commission” substitute “Competition and Markets Authority”;
ii
omit from “, on” to “State,”;
f
omit paragraph 7.
68
In Article 211—
a
in paragraphs 1 and 2, for “Articles 107 to 109” substitute “Articles 107(1), (2) and (3) and Article 108(3)”;
b
in paragraph 2—
i
omit “by Member States”;
ii
in point (a), for the words from “which” to “Union” substitute “, with the exception of payments made under Article 35”;
iii
omit point (b);
c
after paragraph 2 insert—
3
In this Article—
a
a reference to Article 107(1) or 108(3) of TFEU is a reference to that Article as it has effect in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018 and regulation 3(1) and (2) of the state aid regulations;
b
a reference to Article 107(2) or (3) of TFEU is to be read in accordance with regulation 3(3)(b) of the state aid regulations;
c
“the state aid regulations” means the State Aid (EU Exit) Regulations 2019 .
.
69
Omit Articles 212 to 214a.
70
In Article 215—
a
in the heading, omit “National”;
b
for “Member States” substitute “The relevant authority”;
c
omit “national”.
71
Omit Article 216.
72
In Article 217—
a
in the heading, omit “National”;
b
for “Member States”, in each place it occurs, substitute “The relevant authority”;
c
omit “national”.
73
In Article 218—
a
in the heading, omit “National”;
b
in paragraph 1—
i
for “Member States” substitute “The relevant authority”;
ii
omit “national”;
c
for paragraph 2 substitute—
2
The relevant authorities between them may not make payments under paragraph 1 in respect of more than 100 hectares per year.
;
d
in paragraph 3—
i
for “Member States” substitute “The relevant authority”;
ii
omit “national”.
74
In Article 224—
a
for paragraph 1 substitute—
1
Personal data collected for the purposes set out in Article 223(1) must not be processed in a way which is incompatible with those purposes.
;
b
in paragraph 3—
i
for “Directive 95/46/EC and Regulation (EC) No 45/2001”, substitute “Regulation (EU) 2016/679 and the Data Protection Act 2018 ”;
ii
for the words from “the minimum” to the end, substitute “any statutory minimum retention periods”;
c
in paragraph 4—
i
for “Member States” substitute “The relevant authority”;
ii
for “by national and Union bodies”, substitute “by United Kingdom bodies and bodies in the constituent nation”;
iii
for the words from “Directive” to the end, substitute “Regulation (EU) 2016/679 and the Data Protection Act 2018”.
75
In Article 225—
a
in the heading, for “Commission” substitute “appropriate authority”;
b
for the words from “Commission” to “Council”, substitute “appropriate authority shall publish a report”;
c
in point (a), for “and for the first time by 21 December 2016” substitute “on”;
d
omit points (b), (c), (d) and (f).
76
Omit Article 226.
77
Omit Articles 231 and 232.
78
After Article 232, omit the words from “This Regulation” to “States”.
79
In Annex 2, in Part 2, omit Section B.
80
In Annex 4—
a
in the heading, omit “Union”;
b
in Section A—
i
in the heading, omit “Union”;
ii
in part 3 (Classification), in paragraph 2, in the second subparagraph, for “Member States are authorised to” substitute “The relevant authority may”;
iii
in part 5 (Classification and identification)—
aa
in the first paragraph, omit “Union”;
bb
in the second paragraph, for “Member States” substitute “the relevant authority”;
c
in Section B—
i
in the heading, omit “Union”;
ii
in part 4 (Lean-meat content), in paragraph 1, for “Commission” substitute “relevant authority”;
iii
in part 5 (Identification of carcasses)—
aa
for “by the Commission” substitute “in retained EU law”;
bb
omit “Union”;
d
in Section C—
i
in the heading, omit “Union”;
ii
in part 4 (Presentation), in the second paragraph, for “Member States are authorised to” substitute “The relevant authority may”;
iii
in part 5 (Identification of carcasses), omit “Union”.
81
Omit Annex 6.
82
1
Annex 7 is amended in accordance with paragraphs (2) to (12).
2
In the introductory wording, omit the words from “under” to “name”, in the second place it occurs.
3
In Part 1—
a
in point 3 (Sales descriptions)—
i
in paragraph 1—
aa
for “Member States” substitute “United Kingdom”;
bb
omit “laid down for each Member State”;
cc
in points A and B, omit all entries except for the entry for the United Kingdom;
ii
in paragraph 3, in the second subparagraph, for the words from “terms” to “teletina” substitute “term “veal””;
b
in point 4 (Compulsory indication on the label)—
i
in paragraph 1, omit “Directive 2000/13/EC”;
ii
in paragraph 2, for the words from “Member” to the end substitute “the information referred to in paragraph 1 must be indicated in accordance with the legislation applying in the constituent nation ”;
c
in point 6 (Official checks)—
i
omit paragraph 1;
ii
in paragraph 2, after “authorities” insert “designated by the relevant authority”;
iii
for paragraph 3 substitute—
3
The competent authorities shall carry out on the spot checks to ensure that the provisions of this Annex are being implemented. Where required, those checks shall be carried out jointly with the relevant authority’s experts.
;
iv
omit paragraph 4;
v
in paragraph 5, for “third” in both places where it occurs substitute “other”.
4
In Part 2—
a
in point (1)—
i
in the second subparagraph—
aa
in point (a), omit the words from “provided” to the end;
bb
in point (c), in the first indent, for the words from “certain” to “pursuant to” substitute “wine growing areas specified under”;
cc
in point (d), for the words from “which” to “pursuant to” substitute “provided for under”;
ii
omit the third and fourth subparagraphs;
iii
in the fifth subparagraph—
aa
for “Member States” substitute “the Secretary of State”;
bb
after “may” insert “, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland,”;
b
in point (3)—
i
in point (b), for the words from “a list” to “acts” substitute “any list drawn up”;
ii
in point (c), in the fourth indent, for the words from “to be” to “pursuant to” substitute “specified under”;
iii
in points (d) and (f), for the words from “a list” to “acts” substitute “any list drawn up”;
c
in point (6)(a)—
i
for the words from “a list” to “acts” substitute “any list drawn up”;
ii
for the words from “shall” to “pursuant to in” substitute “are as specified under”;
d
in point (12), for the words from “certain” to “acts” substitute “wines specified”;
e
in point (16), omit the second subparagraph.
5
In Part 3—
a
in paragraph 2(b), omit “Article 5 of Directive 2000/13/EC or”;
b
in paragraph 6, in the second subparagraph, omit “Directive 2000/13/EC or”.
6
In Part 4—
a
in point 2 (Delivery or sale to the final consumer), in paragraph 3, for the words from the beginning to “consumers of” substitute “The appropriate authority must ensure there is information available to consumers regarding”;
b
in point 3 (Drinking milk)—
i
in paragraph 1(b)(i), for “Member States may provide” substitute “nothing in this Regulation prevents the appropriate authority from providing”;
ii
in paragraph 2, in the third subparagraph, for “Member States may” substitute “nothing in this Regulation prevents the appropriate authority from using any power the authority has to”.
7
In Part 5—
a
in point 1, for “Union” substitute “United Kingdom”;
b
in point 2—
i
in paragraph (2), for “Member States may” substitute “nothing in this Regulation prevents the appropriate authority from using any power the authority has to”;
ii
in paragraph (6), in the second subparagraph, for “Member States may” substitute “nothing in this Regulation prevents the appropriate authority from using any power the authority has to”.
8
In Part 6—
a
in point 1 (Scope)—
i
in paragraph 1—
aa
for “Union”, in each place it occurs, substitute “United Kingdom”;
bb
for “third” substitute “other”;
ii
in paragraph 2—
aa
in the first subparagraph, for “Member States may” substitute “Nothing in this Regulation prevents the appropriate authority from using any power the authority has to”;
bb
in point (b), omit “of the Member State concerned”;
cc
omit the third subparagraph;
b
in point 3 (Marking of eggs)—
i
in paragraph 1, for the third subparagraph substitute—
Nothing in this Regulation prevents the appropriate authority from using any power the authority has to exempt Class B eggs from this requirement where those eggs are marketed exclusively in the United Kingdom.
;
ii
in paragraph 3—
aa
in the first subparagraph, omit “of the Member State concerned”;
bb
in the second subparagraph, for “Member States may” substitute “nothing in this Regulation prevents the appropriate authority from using any power the authority has to”.
9
In Part 7, in point 2 (Terminology), in paragraph 3, in the first subparagraph—
a
for the words from “By” to “addition,” substitute “Nothing in this Regulation prevents”;
b
for “may be” substitute “being”.
10
In Part 8—
a
in the introductory wording—
i
for “Union” substitute “United Kingdom”;
ii
for “third” substitute “other”;
b
omit “by the Commission” in each place it occurs.
11
Omit Appendix 1.
12
In Appendix 2, omit the footnotes to the table.
83
1
Annex 8 is amended in accordance with paragraphs (2) and (3).
2
In Part 1—
a
in Section A—
i
in paragraph 1, for the words from “in certain” to “concerned”, substitute “, the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland,”;
ii
in paragraph 2, for the words from “the following” to the end substitute “3% volume”;
iii
in paragraph 3—
aa
for “Member States”, in the first place it occurs, substitute “Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland,”;
bb
omit the second sentence;
b
in Section B—
i
in paragraph 3, omit the words from “and only” to the end;
ii
in paragraph 4, omit the words from “in wine-growing zone A” to the end;
iii
in paragraph 6, for the words from “wine”, in the second place it occurs, to the end substitute “wine to more than 11.5% volume”;
iv
in paragraph 7—
aa
for the words from “By way of” to “may” substitute “Nothing in this Regulation prevents the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland, from”;
bb
for “raise”, in both places it occurs, substitute “raising”;
cc
in point (a), omit the words from “in wine-growing zone A” to the end;
dd
in point (b), for “Member States” substitute “the Secretary of State”;
c
in Section C—
i
in paragraph 1, for the words from “subject to” to the end, substitute “subject to de-acidification”;
ii
in paragraph 6—
aa
for “Member States” substitute “the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland,”;
bb
omit “in wine-growing zones A and B”;
iii
in paragraph 7, for the words from “except” to “pursuant to” substitute “subject to any exceptions made under”;
d
in Section D—
i
in paragraph 1, for the words from “to be” to “pursuant to” substitute “prescribed under”;
ii
in paragraph 2, for the words from “wine-growing” to the end substitute “United Kingdom”;
iii
in paragraph 3, omit “and in the wine-growing zone”;
iv
in paragraph 4, for the words from “to be” to “pursuant to” substitute “prescribed under”;
v
in paragraph 6—
aa
omit point (a);
bb
in point (b), omit “in wine-growing zones A and B”.
3
In Part II—
a
in Section B—
i
in paragraph 1, omit the second sentence;
ii
in paragraph 2, for “territory of the Union” substitute “United Kingdom”;
iii
in paragraph 3—
aa
omit “, Ireland, Poland and”;
bb
for “Member States” substitute “the Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland,”;
iv
omit paragraph 4;
v
in paragraph 5—
aa
for “third” substitute “other”;
bb
for “territory of the Union” substitute “United Kingdom”;
b
in Section C—
i
for “a third” substitute “another”;
ii
for “Union”, in both places it occurs, substitute “United Kingdom”;
iii
for “third”, in the second place it occurs, substitute “other”;
c
in Section D—
i
in paragraph 1, for “Member States”—
aa
in the first place it occurs, substitute “The Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland,”;
bb
in the second place it occurs, substitute “the Secretary of State”;
ii
in paragraph 2, omit the second sentence;
iii
in paragraph 4, for “Member State concerned” substitute “Secretary of State, with the agreement of the relevant authorities for Wales, Scotland and Northern Ireland”;
iv
in paragraph 5—
aa
for the words from “Without” to “any” substitute “Any”;
bb
for the words from “to be” to “pursuant to” substitute “prescribed under”.
84
In Annex 10—
a
in Point 7, in point (c), for “Member State” substitute “appropriate authority”;
b
in Point 11—
i
in paragraph 2, for “Union rules” substitute “any applicable legislation”;
ii
in paragraph 3, for “Union” substitute “national”.
85
Omit Annexes 11 to 13.

Amendment of Regulation (EU) No 1370/2013
86
Council Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products is amended in accordance with regulations 87 to 93.
87
In Article 1—
a
in the heading, at the end insert “and definitions”;
b
at the end insert the following subparagraph—
In this Regulation:
a
‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;
b
‘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.
.
88
In Article 3(1)—
a
in the first subparagraph—
i
in point (a), for “3 million” substitute “300,000”;
ii
in point (b), for “50 000” substitute “5,000”;
iii
in point (c), for “109 000” substitute “11,000”;
b
omit the second and third subparagraphs.
89
In Article 4(1), for the words from “Member State or” to the end substitute “constituent nation”.
90
In Article 5—
a
in paragraph 1—
i
omit “Union”;
ii
for the words from “Member” to the end, substitute “the aid granted by the relevant authority under Article 23 of that Regulation”;
b
in paragraph 2, in the first subparagraph—
i
omit “Union”;
ii
for the words from “Member” to the end, substitute “the aid granted by the relevant authority under Article 23”;
c
in paragraph 3, omit “Union”;
d
omit paragraphs 4 to 6.
91
Omit Articles 7 to 12.
92
Omit Article 17 and the sentence which follows it.
93
Omit Annex 1.
PART 3

Information and Promotion Measures Amendments

Amendment of Regulation (EU) No 1144/2014
94
Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries is amended in accordance with regulations 95 to 115.
95
In Article 1—
a
in the heading, after “matter” insert “and definitions”;
b
for “in the internal market or in third countries” substitute “within or outside the United Kingdom”;
c
for “from the Union budget”, substitute “by the relevant authority”;
d
at the end, insert the following subparagraph—
In 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.
.
96
In Article 2—
a
for “Union”, in each place it occurs, substitute “United Kingdom”;
b
in paragraph 2(d), for “in third countries” substitute “outside the United Kingdom”.
97
In Article 3—
a
for “Union” substitute “United Kingdom”;
b
omit “European” in both places it occurs.
98
In Article 4—
a
in paragraph 1—
i
omit “and equal treatment for Member States”;
ii
omit “Union”;
iii
for “Member States concerned” substitute “proposing organisations concerned”;
b
omit paragraph 2.
99
In Article 5—
a
in paragraph 3(b), for “the internal market” substitute “the market in the United Kingdom or a constituent nation”;
b
omit paragraph 4(c).
100
In Article 6—
a
in paragraph 1(b), for “Commission” substitute “relevant authority”;
b
in paragraph 3, omit “, which shall all be from the same Member State”;
c
omit paragraph 4.
101
In Article 7—
a
in paragraph 1(a)—
i
for “a Member State” substitute “the United Kingdom”;
ii
for “that Member State” substitute “the United Kingdom or a constituent nation”;
b
in paragraph 1(b)—
i
for “Union”, in the first place it occurs, substitute “United Kingdom”;
ii
for “Union”, in the second place it occurs, substitute “United Kingdom or constituent nation”;
c
in paragraph 1(c), for “by a Member State” substitute “in the United Kingdom”;
d
in paragraph 1(d)—
i
for “Member State concerned”, substitute “relevant authority”;
ii
for “Member State in question”, substitute “United Kingdom”.
102
In Article 9—
a
in the heading, for “Commission” substitute “relevant authority”;
b
in paragraph 1—
i
for “Commission” substitute “relevant authority”;
ii
for “Union” substitute “United Kingdom”;
c
in paragraph 2, for “Commission shall” substitute “relevant authority may”;
d
in paragraph 2(b), for “in third countries” substitute “outside the United Kingdom”;
e
in paragraph 2(c), omit “Union”.
103
Omit Article 10.
104
Omit Article 12.
105
In Article 14(2)—
a
for “Member States” substitute “relevant authorities”;
b
for “the implementing acts to be adopted” substitute “Implementing Regulation (EU) 2015/1831 and regulations made”.
106
In Article 15—
a
in paragraph 1—
i
for “The Union’s” in both places it occurs, substitute “The relevant authority’s”;
ii
for “internal market” substitute “United Kingdom”;
iii
for “in third countries” substitute “outside the United Kingdom”;
b
omit paragraph 3;
c
in paragraph 4—
i
omit “common”;
ii
omit “Union”;
d
in paragraphs 5 and 7—
i
for “The Union” substitute “The relevant authority”;
ii
omit the words from “pursuant to” to the end.
107
In the heading of Section 3—
a
omit “Implementation and management of multi programmes and”;
b
for “commission” substitute “relevant authority”.
108
Omit Articles 16 to 19.
109
In Article 20—
a
in the heading, for “Commission” substitute “relevant authority”;
b
for “Commission in its own name or jointly with Member States” substitute “relevant authority”;
c
for the words from “Regulation (EU, Euratom)” to the end, substitute “the Public Contracts Regulations 2015 or the Public Contracts (Scotland) Regulations 2015 , as they apply to the relevant authority concerned”.
110
In Article 21—
a
for the heading substitute “Management of Public Money”;
b
in paragraph 1—
i
for “Commission” substitute “relevant authority”;
ii
for “that,” substitute “proper management of public money”;
iii
omit “the financial interests of the Union are protected”;
c
omit paragraphs 2 to 4.
111
Omit Article 24.
112
Omit Article 26.
113
In Article 27—
a
omit the words from “and from” to “Article 42 TFEU”;
b
for “Articles 107, 108 and 109 TFEU”, substitute “Articles 107(1), (2) and (3) and Article 108(3) TFEU”;
c
for “Member States”, substitute “the relevant authority”;
d
omit “Member States’”;
e
omit “Union”;
f
for “Commission”, substitute “relevant authority”;
g
at the end, insert—
In this Article:
- a reference to Article 107(1) or 108(3) TFEU is a reference to that Article as it has effect in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018 and regulation 3(1) and (2) of the state aid regulations;
- a reference to Article 107(2) or (3) TFEU is to be read in accordance with regulation 3(3)(b) of the state aid regulations;
- “the state aid regulations” means the State Aid (EU Exit) Regulations 2019 .
.
114
Omit Article 29.
115
Omit Article 30, and the sentence which follows it.
PART 4

Revocations

Revocation of Implementing Regulations
116
The following Regulations are revoked—
a
Commission Implementing Regulation (EU) 2017/832 of 16 May 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 on the name Bürgstadter Berg (PDO) ;
b
Commission Implementing Regulation (EU) 2017/833 of 16 May 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 on the name Terrasses du Larzac (PDO) ;
c
Commission Implementing Regulation (EU) 2017/854 of 18 May 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Darnibole’ (PDO) ;
d
Commission Implementing Regulation (EU) 2017/2328 of 14 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Skalický rubín’ (PDO) ;
e
Commission Implementing Regulation (EU) 2017/2331 of 14 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘La Clape’ (PDO) ;
f
Commission Implementing Regulation (EU) 2017/2404 of 20 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Maasvallei Limburg’ (PDO) ;
g
Commission Implementing Regulation (EU) 2017/2405 of 20 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Picpoul de Pinet’ (PDO) ;
h
Commission Implementing Regulation (EU) 2018/27 of 9 January 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Ribeiras do Morrazo’ (PGI) ;
i
Commission Implementing Regulation (EU) 2018/215 of 13 February 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Mergelland’ (PDO) ;
j
Commission Implementing Regulation (EU) 2018/230 of 16 February 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monor, Monori’ (PDO) ;
k
Commission Implementing Regulation (EU) 2018/606 of 19 April 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Dons’ (PDO) ;
l
Commission Implementing Regulation (EU) 2018/854 of 8 June 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Cairanne’ (PDO) ;
m
Commission Implementing Regulation (EU) 2018/1693 of 5 November 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Vijlen’ (PDO) ;
n
Commission Implementing Regulation (EU) 2018/1694 of 7 November 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Oolde’ (PDO) ;
o
Commission Implementing Regulation (EU) 2018/1708 of 13 November 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Însurăței’ (PDO) ;
p
Commission Implementing Regulation (EU) 2018/1963 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Monzinger Niederberg’ (PDO) ;
q
Commission Implementing Regulation (EU) 2018/1964 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Blaufüsser Lay’/‘Uhlen Blaufüßer Lay’ (PDO) ;
r
Commission Implementing Regulation (EU) 2018/1965 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Roth Lay’ (PDO) ;
s
Commission Implementing Regulation (EU) 2018/1966 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Laubach’ (PDO) .
Robert Goodwill
Minister of State
Department for Environment, Food and Rural Affairs
4th April 2019

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the UK from the European Union.
These Regulations make amendments in the area of agricultural market measures. They amend Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of markets in agricultural products and Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
2018 c.16.
OJ No L 31, 1.2.2002, p.1, as last amended by Commission Regulation (EU) 2017/228 (OJ No L 35, 10.2.2017, p. 10).
1994 c. 26.
S.I. 1996/1502 as amended by S.I. 2011/1043. S.I. 1996/1502 is also amended in relation to England by S.I. 2014/1855, in relation to Wales by S.I. 2014/2303 and 2018/806 and, in relation to Scotland by S.S.I 2014/312.
S.R.1996 No. 384.
S.I. 1988/2039 as amended by S.I. 1990/1550, 1994/1883, 1994/2868, 2009/663, 2011/1043, 2011/2331, 2011/2936, 2013/3235 and 2014/2975.
S.R. 1989 No. 164 as amended by S.R. 1994 No. 320, 2004 No. 370 and 2013 No. 261.
S.I. 1988/2040 as amended by S.I. 1990/1550, 1994/2868, 2005/3057, 2006/659, 2009/663, 2011/2331 and 2014/2975.
S.R. 1989 No. 69 as amended by S.R. 2005 No. 516.
2018 c. 22.
1998 c. 41.
S.I.2019/XXX
2018 c. 12.
The requirements are set out in S.I. 2010/983 for England, S.I. 2018/1188 for Wales, S.S.I 2010/402 for Scotland as amended by S.S.I 2019/XXXX and S.R. 2010/155 for Northern Ireland, as amended by S.R. 2014/92 and S.R.2018/191.
S.I. 2015/102.
S.S.I. 2015/446.
S.I. 2019/XXXX.
OJ No L 124, 17.5.2017, p. 31.
OJ No L 124, 17.5.2017, p. 32.
OJ No L 128, 19.5.2017, p. 9.
OJ No L 333, 15.12.2017, p. 28.
OJ No L 333, 15.12.2017, p. 45.
OJ No L 342, 21.12.2017, p. 1–2.
OJ No L 342, 21.12.2017, p. 3.
OJ No L 5, 10.1.2018, p. 26.
OJ No L 41, 14.2.2018, p. 14.
OJ No L 45, 17.2.2018, p. 1–2.
OJ No L 101, 20.4.2018, p. 37 -39.
OJ No L 146, 11.6.2018, p. 2.
OJ No L 282, 12.11.2018, p. 3.
OJ No L 282, 12.11.2018, p. 4.
OJ No L 286, 14.11.2018, p. 1–2.
OJ No L 316, 13.12.2018, p. 1–2.
OJ No L 316, 13.12.2018, p. 3.
OJ No L 316, 13.12.2018, p. 4.
OJ No L 316, 13.12.2018, p. 5.