The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 No. 828

PART 2 U.K. Common Market Organisation Amendments

Amendment of Regulation (EU) No 1308/2013 U.K.

2.  Regulation (EU) No 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 28.

Commencement Information

I1 Reg. 2 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

3.  In Article 77—

(a) in paragraph 4, at the end insert the following subparagraphs—

“Products of the hops sector imported from the European Union before [F1 1 July 2021] may be marketed or exported if covered by a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013, as it has effect in EU law as amended from time to time, provided that the Secretary of State considers that the quality standards adopted in EU law for any hops or hop products are at least equivalent to the quality standards adopted for like products harvested within [F2 Great Britain] or made from such products.

If, before [F1 1 July 2021], the Secretary of State considers the EU quality standards referred to in the third subparagraph are not at least equivalent to the quality standards in [F2 Great Britain], the Secretary of State must publish a statement to that effect.”;

(b) in paragraph 5, for the words from “Commission” to “from” substitute “ Secretary of State may make regulations making exceptions to ”.

Textual Amendments

F1 Words in reg. 3(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(2)(ii)

F2 Words in reg. 3(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(2)(i)

Commencement Information

I2 Reg. 3 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

4.  In Article 90(3)

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

(b) at the end insert—

“; or

(c) a certificate and an analysis report which comply with points (a) and (b) as they had effect immediately before [F3 IP completion day].”.

Textual Amendments

F3 Words in reg. 4(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(2)

Commencement Information

I3 Reg. 4 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

5.  In Article 97, in the heading and in paragraphs 1 and 2, for “Commission” substitute “ Secretary of State ”.

Commencement Information

I4 Reg. 5 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

6.  After Article 99, insert—

“Article 99a U.K. Appeals

1.   The following may appeal to the First-tier Tribunal (the “FTT”) against a decision of the Secretary of State to approve an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) a person who submitted a statement in accordance with Article 98;

(b) a person marketing a product that is, or may be, affected by the registration of the designation of origin or geographical indication.

2.   The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) the person who submitted the application for protection;

(b) a person marketing a product that is, or may be, affected by the decision not to register the designation of origin or geographical indication.

[F4 2A.   The following may appeal to the FTT against a decision of the Secretary of State to approve an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to approve the application.

2B.   The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to reject the application.

2C.   The following may appeal to the FTT against a decision of the Secretary of State (either on the Secretary of States’ own initiative or following a request) under Article 106 to cancel the protection of a designation of origin or geographical indication—

(a) the person who made a request for cancellation under Article 106 which is the subject of the appeal, if applicable;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State to cancel.

2D.   The following may appeal to the FTT against a decision of the Secretary of State, following a request under Article 106, not to cancel the protection of a designation of origin or geographical indication—

(a) the person who made the request for cancellation under Article 106;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State not to cancel.]

3.   In determining an appeal under [F5 paragraph 1, 2, 2A, 2B, 2C or 2D] the FTT:

(a) must consider the decision appealed against afresh, and

(b) may take into account evidence that was not available to the Secretary of State.

4.   The FTT may:

(a) dismiss the appeal,

(b) if it allows an appeal made under paragraph 1:

(i) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application and (if appropriate) to restore the register in the meantime; or

(c) if it allows an appeal made under paragraph 2:

(i) quash the decision and direct the Secretary of State to approve the application and register the designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application.

[F6 (d) if it allows an appeal made under paragraph 2A—

(i) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the application for amendment and (if appropriate) to restore the register in the meantime;

(e) if it allows an appeal made under paragraph 2B—

(i) quash the decision and direct the Secretary of State to approve the application; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the application for amendment;

(f) if it allows an appeal made under paragraph 2C—

(i) quash the decision and direct the Secretary of State to reverse the cancellation and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the cancellation and (if appropriate) to restore the register in the meantime;

(g) if it allows an appeal made under paragraph 2D—

(i) quash the decision and direct the Secretary of State to cancel the protection of designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeal the consideration of the cancellation.]

5.   The Secretary of State may consider a decision mentioned in [F7 paragraph 1, 2, 2A, 2B, 2C or 2D] afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time of the original decision.

6.   Paragraph 5 applies even though an appeal has been made to the FTT in respect of the original decision.

7.   Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision, the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter.

8.   If the Secretary of State makes the same decision again, the appeal to the FTT restarts. If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

[F8 9.   An appeal made under paragraph 1, 2A or 2C does not prevent an entry recorded on the register provided for in Article 104 by the Secretary of State following that decision from having effect.

10.   The entry referred to in paragraph 9 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and—

(a) in a case where the FTT quashes the Secretary of State’s decision and directs the Secretary of State to restore the register, that action has been taken;

(b) in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.]

F9 ...”. U.K.

Textual Amendments

F4 Words in reg. 6 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(3)(a)

F5 Words in reg. 6 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(3)(b)

F6 Words in reg. 6 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(3)(c)

F7 Words in reg. 6 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(3)(d)

F8 Words in reg. 6 inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(3)(e)

F9 Words in reg. 6 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(3)(f)

Commencement Information

I5 Reg. 6 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F10 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Reg. 7 revoked (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(2), 7(4)

8.  In Article 148—

(a) in paragraph 1—

(i) for “a Member State”, in both places it occurs, substitute “ the Secretary of State ”;

(ii) in the second subparagraph, for “it” substitute “ the Secretary of State ”;

(b) in paragraph 1a, for “Member States do” substitute “ the Secretary of State does ”;

(c) in paragraph 4—

(i) for “a Member State”, in both places it occurs, substitute “ the Secretary of State ”;

(ii) for “it”, in both places it occurs, substitute “ the Secretary of State ”;

(d) omit paragraph 5.

Commencement Information

I6 Reg. 8 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

9.  In Article 149—

(a) in paragraph 2—

(i) in point (c)—

(aa) omit point (i)—

(bb) in points (ii) and (iii), for the words from “any” to “that Member State” substitute “ the United Kingdom does not exceed 33% of total production in the United Kingdom ”;

(ii) in point (d), for “Member States” substitute “ the Secretary of State ”;

(iii) in point (f), for the words from “competent” to “operates” substitute “ Competition and Markets Authority ”;

(b) omit paragraph 3;

(c) omit paragraph 5;

(d) in paragraph 6—

[F11 (i) in the first subparagraph—

(aa) omit “and paragraph 3”;

(bb) for the words from “competition authority” to “this paragraph” substitute “ Competition and Markets Authority ”;]

(ii) omit the second subparagraph;

(e) in paragraph 7, omit point (a);

(f) omit paragraph 8.

Textual Amendments

F11 Reg. 9(d)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1403), regs. 1, 2(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I7 Reg. 9 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

10.  Omit Article 150.

Commencement Information

I8 Reg. 10 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

11.  In Article 151—

(a) in the first paragraph, for “competent national authority” substitute “ Secretary of State ”;

(b) omit the third paragraph.

Commencement Information

I9 Reg. 11 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

12.  In Article 152—

(a) in paragraph 1, for “Member States” substitute “ The Secretary of State ”;

(b) in paragraph 1a—

(i) in the first subparagraph, for “Article 101(1) TFEU” substitute “ section 2(1) of the Competition Act 1998 M1 ”;

(ii) in the second subparagraph, in point (a), omit from “, thus” to the end;

(iii) in the third subparagraph, for the words from “Member” to “subparagraph”, substitute “ nothing in this Regulation prevents the Secretary of State from providing that the condition set out in point (d) of the second subparagraph does not apply ”;

(c) in paragraph 1c—

(i) in the first subparagraph, for the words from “national” to “1/2003”, substitute “ Competition and Markets Authority ”;

(ii) omit the second and third subparagraphs;

(d) in paragraph 2, for “Union support” substitute “ public funding ”.

Commencement Information

I10 Reg. 12 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 1998 c. 41.

13.  In Article 153, in paragraph 1, in point (b), for the words from “Member” to “condition” substitute “ nothing in this Regulation prevents the Secretary of State from providing that this condition does not apply ”.

Commencement Information

I11 Reg. 13 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

14.  In Article 154—

(a) in paragraph 1—

(i) for “a Member State” substitute “ the Secretary of State ”;

(ii) in point (b), for the words from “to” to “concerned” substitute “ as laid down by the Secretary of State ”;

(b) in paragraph 1a, for “Member States” substitute “ The Secretary of State ”;

(c) for paragraph 2 substitute—

“2.   A producer organisation is deemed to be recognised pursuant to Article 152 if the Secretary of State made a decision to deem such recognition prior to exit day.”.

(d) omit paragraph 3;

(e) in paragraph 4—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) in point (a), omit the words from “this” to the end;

(iii) omit point (d).

Commencement Information

I12 Reg. 14 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

15.  In Article 155—

(a) for “Member States” substitute “ The Secretary of State ”;

(b) omit “by the Commission”.

Commencement Information

I13 Reg. 15 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

16.  In Article 156—

(a) in paragraph 1, in the first subparagraph, for “Member States” substitute “ The Secretary of State ”;

(b) in paragraph 2—

(i) for “Member States” substitute “ Secretary of State ”;

(ii) for “Member State concerned” substitute “ Secretary of State ”.

Commencement Information

I14 Reg. 16 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

17.  In Article 157—

(a) in paragraph 1—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) in point (c)(v), omit “, compatible with Union rules,”;

(b) in paragraph 1a, for “Member States” substitute “ The Secretary of State ”;

(c) omit paragraph 2;

(d) in paragraph 3—

(i) for “Member States” substitute “ the Secretary of State ”;

(ii) in point (c)—

(aa) omit the words from “in” to “Union”;

(bb) in point (v), omit “compatible with Union rules”.

Commencement Information

I15 Reg. 17 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

18.  In Article 158—

(a) in paragraph 1—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) in point (b), for “territory concerned” substitute “ United Kingdom ”;

(b) omit paragraphs 2 to 4;

(c) in paragraph 5—

[F12 (i) in the words before point (a)—

(aa) for “Member States recognise” substitute “ the Secretary of State recognises ”;

(bb) for “they shall” substitute “ the Secretary of State must ”;]

(ii) in point (a), omit the words from “this” to the end;

[F13 (iia) in point (b), for “them” substitute “ the Secretary of State ”;]

(iii) in point (c), for “the applicable penalties they have laid down” substitute “ any applicable penalties ”;

(iv) omit point (e).

Textual Amendments

F12 Reg. 18(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1403), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Reg. 18(c)(iia) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1403), regs. 1, 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I16 Reg. 18 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F14 19.   In Article 159—

(a) in the words before point (a), for “Member States” substitute “ the Secretary of State ”;

(b) omit points (a)(ii) and (iii) and (b).]

Textual Amendments

F14 Reg. 19 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1403), regs. 1, 2(5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I17 Reg. 19 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

20.  In Article 161—

(a) in paragraph 1—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) in point (b), for the words from “to” to “concerned” substitute “ as laid down by the Secretary of State ”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) in point (a), omit the words from “this” to the end;

(iii) omit point (d).

Commencement Information

I18 Reg. 20 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

21.  Omit Article 162.

Commencement Information

I19 Reg. 21 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

22.  In Article 163—

(a) in paragraph 1—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) in point (b), for “territory concerned” substitute “ United Kingdom ”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) in the introductory words—

(aa) for “Member States make” substitute “the [F15 Secretary of State] makes ”;

[F16 (bb) for “or 2, they shall” substitute “ , the Secretary of State must ”;]

(ii) in point (a), omit from “this” to the end;

(iii) omit point (e).

Textual Amendments

F15 Words in reg. 22(c)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1403), regs. 1, 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Reg. 22(c)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1403), regs. 1, 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I20 Reg. 22 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

23.  Omit Articles 164 and 165.

Commencement Information

I21 Reg. 23 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

24.  In Article 168—

(a) in paragraph 1—

(i) for “a Member State” substitute “ the Secretary of State ”;

(ii) for “its territory”, in both places it occurs, substitute “ the United Kingdom ”;

(b) in paragraph 1a, for “Member States do” substitute “ the Secretary of State does ”;

(c) in paragraph 2—

(i) in the first subparagraph—

(aa) for “Member State” substitute “ Secretary of State ”;

(bb) for “it” substitute “ the Secretary of State ”;

(ii) in the second subparagraph, for the words from the beginning to “adopt” substitute “ The Secretary of State must ensure that any provisions made ”;

(d) in paragraph 3, for “Member State” substitute “ Secretary of State ”;

(e) in paragraph 6, in the second subparagraph—

(i) for “a Member State”, in both places it occurs, substitute “ the Secretary of State ”;

(ii) for “it”, in both places it occurs, substitute “ the Secretary of State ”;

(iii) for “internal market”, in both places it occurs, substitute “ market in the United Kingdom ”;

(f) for paragraph 7 substitute—

“7.   The Secretary of State must ensure that any provisions made to implement the options referred to in this Article do not impair the proper functioning of the market in the United Kingdom.”.

Commencement Information

I22 Reg. 24 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

25.  In Article 176—

(a) in paragraph 1, for “Union” substitute “ United Kingdom ”;

(b) for paragraph 2 substitute—

“2.   Without prejudice to the application of Articles 177, 178 and 179 of this Regulation, the Secretary of State must issue licences to any applicant established in the United Kingdom.”;

(c) in paragraph 3, for “Union” substitute “ United Kingdom ”.

Commencement Information

I23 Reg. 25 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

26.  In Article 188—

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

(b) in paragraph 3—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) for “Commission” substitute “ Secretary of State ”.

Commencement Information

I24 Reg. 26 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

27.  In Article 190(2), at the end insert the following subparagraph—

“Products of the hops sector imported from the European Union before [F17 1 July 2021] shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013 M2 as it has effect in EU law, as amended from time to time, provided that the Secretary of State has not published a statement under Article 77(4) in respect of those products.”.

Textual Amendments

F17 Words in reg. 27 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(4)

Commencement Information

I25 Reg. 27 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 OJ L 347, 20.12.2013, p.671, as last amended by Regulation (EU) No 2017/2393 of the European Parliament and of the Council (OJ L 350, 29.12.2017, p.15).

28.  In Annex 2, in Part 2, in Section A, in paragraph 6(a), for “Member State concerned” substitute “ Secretary of State ”.

Commencement Information

I26 Reg. 28 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EU) No 510/2014 U.K.

29.  Regulation (EU) No 510/2014 of the European Parliament and of the Council laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products is amended in accordance with regulations 30 to 38.

Commencement Information

I27 Reg. 29 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

30.  In Article 6—

(a) in paragraph 1, after “circulation” insert “ in the United Kingdom ”;

(b) in paragraph 2—

(i) for “Member States” substitute “ the Secretary of State ”;

(ii) for “Union” substitute “ United Kingdom ”;

(iii) omit the words from “, irrespective” to the end;

(c) in paragraph 3, for “Union” substitute “ United Kingdom ”;

(d) in paragraph 4—

(i) after “circulation” insert “ in the United Kingdom ”;

[F18 (ii) for “a third” substitute “ another ”.]

Textual Amendments

F18 Reg. 30(d)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(5)

Commencement Information

I28 Reg. 30 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

31.  In Article 22(2), for “accordance with Article 29 TFEU”, in each place it occurs, substitute “ the United Kingdom ”.

Commencement Information

I29 Reg. 31 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

32.  Article 23(1), for “authorities of the Member State” substitute “ authority ”.

Commencement Information

I30 Reg. 32 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

33.  In Article 25—

(a) for the words from “concluded” to “TFEU” substitute “ to which the United Kingdom is a party ”;

(b) for “authorities of the Member State” substitute “ authority ”.

Commencement Information

I31 Reg. 33 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

34.  In Article 28(2)—

(a) for “Member States” substitute “ The Secretary of State ”;

(b) for the words from “Union”, in the first place it occurs, to the end substitute “ United Kingdom ”.

Commencement Information

I32 Reg. 34 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

35.  In Article 30(1), for “authorities of the Member State concerned” substitute “ authority ”.

Commencement Information

I33 Reg. 35 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

36.  Omit Articles 37 and 38.

Commencement Information

I34 Reg. 36 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

37.  In Article 40(1), for “legal acts adopted” substitute “ regulations made ”.

Commencement Information

I35 Reg. 37 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

38.  Omit Article 46 and the sentence which follows it.

Commencement Information

I36 Reg. 38 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EC) No 566/2008 U.K.

39.  Commission Regulation (EC) No 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less is amended in accordance with regulation 40 and 41.

Commencement Information

I37 Reg. 39 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

40.  For Article 2, substitute—

“Article 2 U.K. Definitions

1.   For the purposes of this Regulation, the following definitions shall apply:

(a) ‘competent authority’ means any authority appointed by the appropriate authority competent for the organisation of official checks referred to in point VI of Part I of Annex VII to Regulation (EU) No 1308/2013; it shall also include, where appropriate, the corresponding authority of a third country;

(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;

F19 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) ‘third country’ means any country or territory other than:

(i) the United Kingdom;

(ii) the Bailiwick of Jersey;

(iii) the Bailiwick of Guernsey;

(iv) the Isle of Man.”.

Textual Amendments

F19 Words in reg. 40 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(6)

Commencement Information

I38 Reg. 40 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

41.  In Article 7—

(a) in paragraph 3—

(i) for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

[F20 (ii) for “the Community” substitute “ Great Britain ”;]

(iii) at the end of the second subparagraph insert—

“Notifications made before [F21 IP completion day] to the Commission of the European Union under this paragraph, as it had effect immediately before [F21 IP completion day], are deemed to have been made to the Secretary of State.”;

[F22 (iv) for “Member States” substitute “ relevant authorities for Wales and Scotland ”;]

F23 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 4—

(i) in the first subparagraph—

(aa) for the words from “Upon request” to “initiative, the Commission” substitute “ The Secretary of State ”;

(bb) for “Regulation (EC) No 1234/2007” substitute “ Regulation (EU) No 1308/2013 ”;

(ii) in the second subparagraph, for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(c) in paragraph 5—

(i) for “Regulation (EC) No 1234/2007”, in the first and third places it occurs, substitute “ Regulation (EU) No 1308/2013 ”;

(ii) for “Commission”, substitute “ Secretary of State ”;

(iii) omit “, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007,”.

Textual Amendments

F20 Reg. 41(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(7)(a)

F21 Words in reg. 41(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(7)(b)

F22 Reg. 41(a)(iv) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(7)(c)

F23 Reg. 41(a)(v) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(7)(d)

Commencement Information

I39 Reg. 41 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EU) No 543/2011 U.K.

42.  Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors is amended in accordance with regulations 43 to 48.

Commencement Information

I40 Reg. 42 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

43.  After Article 1(2) insert—

“3.   In this Regulation, ‘third country’ means any country or territory other than:

(a) the United Kingdom;

(b) the Bailiwick of Jersey;

(c) the Bailiwick of Guernsey;

(d) the Isle of Man.”.

Commencement Information

I41 Reg. 43 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

44.  In Article 14—

(a) in paragraph 1—

[F24 (i) for “the Union”, in the first and second place it occurs, substitute “ Great Britain ”;]

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

(iii) for “it” substitute “ the Secretary of State ”;

[F25 (iv) for “the Union”, in the third place it occurs, substitute “Great Britain's”;]

(b) omit paragraphs 4 and 6;

(c) after paragraph 6 insert—

“7.   Notwithstanding paragraph 1, until [F26 the end of the period of two years beginning on the day after that on which IP completion day falls], competent authorities in third countries may continue to use certificates which conform to Article 14(1) of Commission Implementing Regulation (EU) No 543/2011 M3 , as it has effect in EU law as amended from time to time.

8.   If at any time until [F26 the end of the period of two years beginning on the day after that on which IP completion day falls] the Secretary of State considers that the marketing standards that apply in the EU to any products to which this Title applies are not at least equivalent to the marketing standards that apply in the United Kingdom for like products:

(a) the Secretary of State must publish a statement to that effect, and

(b) paragraph 7 shall not apply in relation to the products set out in such statement.”.

Textual Amendments

F24 Reg. 44(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(8)(a)(i)

F25 Reg. 44(a)(iv) inserted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(8)(a)(ii)

F26 Words in reg. 44(c) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(8)(b)

Commencement Information

I42 Reg. 44 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 OJ L 157, 15.6.2011, p.1, as last amended by Commission Implementing Regulation (EU) No 2017/1185 (OJ L 171, 4.7.2017, p.113).

45.  In Article 15—

[F27 (a) in the heading, for “the Union” substitute “ Great Britain ”;]

(b) in paragraph 1—

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

(ii) for the words from “may, in accordance” to “approve” substitute “ may make regulations approving ”;

[F28 (iii) for “the Union” substitute “ Great Britain ”;]

[F29 (c) in paragraph 2, for “the Union”, in each place it occurs, substitute “ Great Britain ”;]

(d) in paragraph 4—

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

(ii) at the end insert “ Whenever the Secretary of State makes regulations under paragraph 1, those regulations must include provision amending Annex IV to include the third country or countries where conformity checks have been approved under paragraph 1 and the products concerned. ”.

Textual Amendments

F27 Reg. 45(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(9)(a)

F28 Reg. 45(b)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(9)(b)

F29 Reg. 45(c) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(9)(c)

Commencement Information

I43 Reg. 45 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

46.  In Article 16 for “Commission” substitute “ Secretary of State ”.

Commencement Information

I44 Reg. 46 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

47.  In Article 18—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “A Member State where” substitute “ Where ”;

(ii) after “from a third country” insert “ listed in Annex IV ”;

(iii) after “marketing standards” insert “ , the Secretary of State ”;

(iv) omit “the Commission, the Member States likely to be concerned and”;

(c) omit paragraphs 3 to 5.

Commencement Information

I45 Reg. 47 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

48.  Before Article 149 insert—

“Article A149 U.K. Regulations

1.   Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

4.   Before making any regulations under this Regulation, the Secretary of State must consult—

(a) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the Secretary of State may consider appropriate.”.

Commencement Information

I46 Reg. 48 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EC) No 1295/2008 U.K.

49.  Commission Regulation (EC) No 1295/2008 on the importation of hops from third countries is amended in accordance with regulations 50 to 56.

Commencement Information

I47 Reg. 49 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

50.  In Article 1(1)—

[F30 (1) for “the Community” substitute “ Great Britain ”;]

(2) for “point (f) of Article 1 of Regulation (EC) No 1234/2007” substitute “ point (f) of Article 1(2) of Regulation (EU) No 1308/2013 ”;

(3) for “Article 158(1)” substitute “ Article 190(1) ”.

Textual Amendments

F30 Reg. 50(1) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(10)

Commencement Information

I48 Reg. 50 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

51.  For Article 1(2) substitute—

“2.   The proof referred to in Article 1(1) of this Regulation shall be furnished by production of either:

(a) the attestation provided for in Article 190(2) of Regulation (EU) No 1308/2013, hereinafter referred to as an ‘attestation of equivalence’, or

(b) until [F31 1 July 2021] or such time as the Secretary of State publishes a statement under Article 77(4) of that Regulation in relation to the relevant products (whichever is earlier), a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013 M4 , as it has effect in EU law as amended from time to time, hereinafter referred to as an ‘EU certificate’.”.

Textual Amendments

F31 Words in reg. 51 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(11)

Commencement Information

I49 Reg. 51 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 OJ L 347, 20.12.2013, p.671, as last amended by Regulation (EU) No 2017/2393 of the European Parliament and of the Council (OJ L 350, 29.12.2017, p.15).

52.  In Article 3—

(a) for “Annex I shall be revised” substitute “ The Secretary of State may make regulations revising Annex I ”;

(b) at the end insert—

“Certificates accompanying hops and hop products imported from the European Union before [F32 1 July 2021] shall be recognised as EU certificates provided that:

(a) such certificates are issued in accordance with Article 77 of Regulation (EU) No 1308/2013 M5 , as it has effect in EU law as amended from time to time, and Regulation (EC) No 1850/2006 M6 , as it has effect in EU law as amended from time to time, and

(b) the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to the relevant hops or hops products (as the case may be).”.

Textual Amendments

F32 Words in reg. 52(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(12)(a)

Commencement Information

I50 Reg. 52 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M5 OJ L 347, 20.12.2013, p.671, as last amended by Regulation (EU) No 2017/2393 of the European Parliament and of the Council (OJ L 350, 29.12.2017, p.15).

M6 OJ L 355, 15.12.2006, p.72, as last amended by Commission Regulation (EU) No 519/2013 (OJ L 158, 10.6.2013, p.74).

53.  After Article 4(1) insert—

“1A.   By way of derogation from paragraph 1, until [F33 1 July 2021], the attestation of equivalence may instead be made out in accordance with Article 4(1) of Commission Regulation (EC) No 1295/2008 M7 , as it has effect in EU law as amended from time to time.

1B.   If at any time until [F33 1 July 2021] the Secretary of State considers that the quality standards adopted in EU law for any hops or hop products are not at least equivalent to the quality standards adopted for like products harvested within [F34 Great Britain] or made from such products:

(a) the Secretary of State must publish a statement to that effect, and

(b) paragraph 1A shall not apply in relation to the products set out in such statement.”.

Textual Amendments

F33 Words in reg. 53 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(13)(a)

F34 Words in reg. 53 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(13)(b)

Commencement Information

I51 Reg. 53 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 OJ L 340, 19.12.2008, p.45, as last amended by Commission Implementing Regulation (EU) No 2015/2000 (OJ L 292, 10.11.2015, p.4).

54.  In Article 6—

(a) after paragraph 1 insert—

“1A.   By way of derogation from paragraph 1, until [F35 1 July 2021], the extract may instead be drawn up in accordance with Article 6(1) of Commission Regulation (EC) No 1295/2008, as it has effect in EU law as amended from time to time.

1B.   If at any time until [F35 1 July 2021] the Secretary of State considers that the quality standards adopted in EU law for any hops or hop products are not at least equivalent to the quality standards adopted for like products harvested within [F36 Great Britain ] or made from such products:

(a) the Secretary of State must publish a statement to that effect, and

(b) paragraph 1A shall not apply in relation to the products set out in such statement.”.

(b) in paragraph 2, for “competent authority as referred to in Article 21 of Regulation (EC) No 1850/2006” substitute “ Secretary of State ”.

Textual Amendments

F35 Words in reg. 54 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(14)(a)

F36 Words in reg. 54 substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(14)(b)

Commencement Information

I52 Reg. 54 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

55.  After Article 6 insert—

“Article 6a U.K.

1.   Where, before its entry into free circulation, a consignment covered by an EU certificate is split up and redispatched a certificate extract shall be drawn up in respect of each new consignment resulting from such splitting.

The EU certificate shall be replaced by the necessary number of certificate extracts.

Each extract shall be drawn up by the party concerned in one original and two copies and shall contain the following information, taken from the EU certificate:

(a) the description of the product;

(b) the reference number of the EU certificate;

(c) the net and/or gross weight;

(d) the hop production area or the place of production;

(e) the year of harvesting;

(f) the variety;

(g) the mention ‘seeded hops’ or ‘seedless hops’, as appropriate;

(h) in the case of products prepared from hops, the place and date of processing;

(i) the following declaration:

2.   The customs authorities shall:

(a) endorse the EU certificate with the following wording:

(b) countersign the original and the two copies of each extract.

They shall retain the original of the EU certificate, send two copies to the Secretary of State and return the original and the two copies of each extract to the person concerned.”.

Commencement Information

I53 Reg. 55 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

56.  After Article 10 insert—

“Article 10A U.K. Regulations

1.   Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

4.   Before making any regulations under this Regulation the Secretary of State must consult—

(a) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the Secretary of State may consider appropriate.”.

Commencement Information

I54 Reg. 56 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1