The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (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 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

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These Regulations may be cited as the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (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

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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.

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 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 Great Britain or made from such products. If, before 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 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 ”.

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 IP completion day.

5

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

6

After Article 99, insert—

(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. (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 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. (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 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. (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.

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

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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.

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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—

• (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.

10

Omit Article 150.

11

In Article 151—

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

• (b) omit the third paragraph.

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 ”;

• (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 ”.

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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 ”.

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).

15

In Article 155—

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

• (b) omit “by the Commission”.

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 ”.

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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”.

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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—

• (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;

• (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).

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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).

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).

21

Omit Article 162.

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 Secretary of State makes ”;

• (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).

23

Omit Articles 164 and 165.

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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.

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 ”.

26

In Article 188—