S T A T U T O R Y I N S T R U M E N T S 
 
 
 
2019 No. 828 
 
EXITING  THE  EUROPEAN UNION 
AGRICULTURE  
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( a), 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( b). 
 
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 Agri cultural 
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. 
 
   
 
  
 
(a) 2018  c.16. 
(b) 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). 2  PART  2 
Common Market  Organisation  Amendments  
 
Amendment  of Regulation  (EU)  No 1308/2013  
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.  
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  29 March  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 the Unit ed Kingdom or made from such products.  
If, before 29 March 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 the United 
Kingdom, the Secretary of St ate 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 exit 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 — 
“Article  99a 
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 Arti cle 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 ori gin or geographical indication.  
3. In determining  an appeal  under  paragraph  1 or 2 the FTT:  
(a) must consider  the decision  appealed  against  afresh,  and 3  (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 Secretar y 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.  
5. The Secretary of State may consider a decisio n mentioned in paragraph 1 or 
paragraph 2 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 app eal to the FTT ceases 
unless the FTT directs otherwise.  
Article  99b 
Appeals:  effect  of appeal  
1. Where an appeal is made to the FTT relating to a decision to approve an application 
made under Article 94 for protection of a name as a designation of origin or geographical 
indication, and the Secretary of State has made an entry in the register provided for in 
Article 104 as a result of that decision, the entry in the register is to be maintained but is in 
suspense and must be marked to indicate that it is in suspense until the FTT has determined 
the appeal  and any  necessary consequent action or decision has been taken by the Secretary 
of State.  
2. Where an appeal is made to the FTT relating to a decision to approve an application 
made under Article 94 for protection of a name as a designation of origin or geographical 
indication, and the Secretary of State has not made an entry in the register provi ded for in 
Article 104 as a result of that decision, the Secretary  of State must not make an entry in the 
register until the FTT has determined the appeal and any necessary consequent action or 
decision has been taken by the Secretary of State.”.  
7. In Article  107—  
(a) for the heading substitute  “Protection  of established  protected  designations  of origin  etc.”;  
(b) for paragraphs  1 to 4 substitute — 
“1.
 The Secretary of State must enter the names of established protected designations of 
origin, established protected geographical indications, and established traditional terms, in 
the register provided for in Article 104 of this Regulation.  4  2. For the purposes  of paragraph  1: 
(a) ‘established protected designation of origin’ means a designation of origin shown as a 
registered United Kingdom designation of origin on the register maintained by the 
Commission pursuant to Article 104 a s it had effect immediately before exit day, 
including a protection granted via the conclusion of a bilateral trade agreement as that register stood immediately before exit day;  
(b) ‘established protected geographical indication’ means a geographical indication shown 
as a United Kingdom registered geographical indication on the register maintained by the Commission pursuant to Article 104 as it had effect immediately before exit day, 
including a protection granted via the conclusion of a bilateral trade agreeme nt as that 
register stood immediately before exit day;  
(c) ‘established traditional term’ means a traditional term shown as a United Kingdom registered traditional term on the register maintained by the Commission pursuant to 
Article 104 as it had effect immed iately before exit day, including a protected 
traditional term granted via the conclusion of a bilateral trade agreement as that  
register stood immediately before exit day.”.  
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. 
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— 
(i) in the first subparagraph, for  the words from “competition”  to “paragraph”, in  the 
third place it occurs, 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”;  5  (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( a)”; 
(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”. 
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”.  
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”.  
 
 
(a)  1998  c. 41. 6  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”.  
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— 
(i) for “Member  States”  substitute  “the Secretary  of State”;  
(ii) in point  (a), omit the words  from  “this”  to the end; 
(iii) in point  (c), for “the applicable  penalties  they have  laid down”  substitute  “any 
applicable penalties”;  
(iv) omit point  (e). 
19. In Article  159, for “Member  States”  substitute  “the Secretary  of State”.  
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 — 7  (aa) for “Member  States  make” substitute  “the appropriate  authority( a) makes”; 
(bb) for “they shall” substitute “it must”; 
(ii) in point  (a), omit from  “this”  to the end; 
(iii) omit point  (e). 
23. Omit Articles  164 and 165. 
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.”.  
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—  
(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”.  
27. In Article  190(2), at the end insert  the following  subparagraph—  
 
 
 
(a) A definition of  “appropriate  authority” is  inserted  into Regulation (EU)  1308/2013  by the Common Organisation  of Markets  
in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821).  8  “Products of the hops sector imported from the European Union before 29 March 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( a) 
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.”.  
28. In Annex 2, in Part 2, in Section A, in paragraph 6(a), for “Member St ate concerned” 
substitute “Secretary of State”.  
 
Amendment  of Regulation  (EU)  No 510/2014  
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.  
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”;  
(ii) for “third”  substitute  “another”.  
31. In Article 22(2), for “accordance with Article 29 TFEU”, in each place it occurs, substitute 
“the United Kingdom”.  
32. Article  23(1), for “authorities  of the Member  State”  substitute  “authority”.  
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”.  
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”. 
35. In Article  30(1), for “authorities  of the Member  State  concerned” substitute  “authority”.  
36. Omit Articles  37 and 38. 
37. In Article  40(1), for “legal  acts adopted”  substitute  “regulations  made”.  
38. Omit Article  46 and the sentence which  follows  it. 
 
 
  
 
 
(a) 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).  9  Amendment  of Regulation  (EC)  No 566/2008  
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.  
40. For Article  2, substitute — 
“Article  2 
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;  
(iv) in relation to Northern Ireland, the Depart ment of Agriculture, Environment and 
Rural Affairs;  
(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.”.  
41. In Article  7— 
(a) in paragraph  3— 
(i) for “Commission”,  in both places  it occurs,  substitute  “Secretary  of State”;  
(ii) for “Community”,  substitute  “United  Kingdom”;  
(iii) at the end of the second subparagraph  insert — 
“Notifications made before exit day to the Commission of the European Union under 
this paragraph, as it had effect immediately before exit day, are deemed to have been 
made to the Secretary of State.”;  
(iv) for “Member States” substitute “relevant authorities for Wales, Scotland and 
Northern Ireland”;  
(v) at the end insert — 
“By way of derogation from the second subparagraph, in relation to a member State, 
the notification referred  to in the first subparagraph sha ll be made on  or before 30  June 
2019 or before the first consignment of meat of each individual operator is imported 
into the United Kingdom after exit day (whichever is later) and thereafter within one 
month after any changes in the information to be noti fied.”;  
(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”;  10  (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,”.  
 
Amendment  of Regulation  (EU)  No 543/2011  
42. Commission Imp lementing 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.  
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.”.  
44. In Article  14— 
(a) in paragraph  1— 
(i) for “Union”, in each place  it occurs,  substitute  “United  Kingdom”;  
(ii) for “Commission”  substitute  “Secretary  of State”;  
(iii) for “it” substitute  “the Secretary  of State”;  
(b) omit paragraphs  4 and 6; 
(c) after paragraph  6 insert — 
“7. Notwithstanding paragraph 1, until 29 March 2021, comp etent authorities in third 
countries may continue to use certificates which conform to Article 14(1) of Commission 
Implementing  Regulation  (EU)  No 543/2011( a), as it has effect  in EU law as amended  from 
time to time.  
8. If at any time  until 29 March  2021 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.”.  
45. In Article  15— 
(a) in the heading for “Union”  substitute  “United  Kingdom”;  
(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”;  
(iii) for “Union”  substitute  “United  Kingdom”;  
 
(a) 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).  11  (c) in paragraph  2, for “Union”, in each place it occurs,  substitute  “United  Kingdom”;  
(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.”.  
46. In Article  16 for “Commission”  substitute  “Secretary  of State”.  
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. 
48. Before  Article  149 insert — 
“Article  A149 
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.”.  
 
Amendment  of Regulation  (EC)  No 1295/2008  
49. Commission Regulation (EC) No 1295/2008 on the importation of hops from  third countries 
is amended in accordance with regulations 50 to 56.  
50. In Article  1(1)— 
(1) for “Community”  substitute  “United  Kingdom”;  
(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)”.  
51. For Article  1(2) substitute — 12  “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 29 Mar ch 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( a), as it has effect in EU law as amended from time to time, hereinafter 
referred to as an ‘EU certificate’.”.  
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 29 March 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( b), as i t has effect  in EU law  as amended  from  time to time, and Regulation 
(EC) No 1850/2006( c), 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).”.  
53. After  Article  4(1) insert — 
“1A.  By way of derogation from paragraph 1, until 29 March 2021, the attestation of 
equivalence may instead be made out in accordance with Article 4(1) of Commission 
Regulation  (EC)  No 1295/2008( d), as it has effect  in EU law  as amended  from  time to time.  
1B. If at any time until 29 March 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 the United Kingdom  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.”.  
54. In Article  6— 
(a) after paragraph  1 insert — 
“1A.  By way of  derogation from paragraph  1, until  29 March  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 29 March 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 the United Kingdom or made 
from such products:  
(a) the Secretary  of State  must publish  a statement to that effect,  and 
 
 
(a) 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).  
(b) 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).  
(c) 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).  
(d) 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). 13  (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”.  
55. After  Article  6 insert — 
“Article  6a 
1. Where, before its entry into free circulation, a consignment covered by an EU 
certif icate 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 u p 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:  
 
“I the undersigned  declare that the products  above  were  covered  by the EU certificate  issued  on 
………………………. (date), reference No …………………….. 
At ……………………,  on …………………………………....…..  
… ..................................................................................... (Signature)”.  
2. The customs  authorities  shall:  
(a) endorse  the EU certificate  with the following  wording:  
 
“This  EU certificate  has been  replaced  by ...................................... extracts.  
At ………………….., on ……………………………………………….  
……………………………………………….(Signature)  ................................ (Stamp)”;  
(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.”.  
56. After  Article  10 insert — 
“Article  10A 
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— 14  (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.”.  
 
 
PART  3 
Financing, management  and monitoring amendments  
 
Amendment  of Regulation  (EU)  No 1306/2013  
57. Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the 
financing, management and monitoring of the common agricultural policy is amended in 
accordance with regulation 58. 
58. In Article  90(4) — 
(a) For “Commission  shall adopt  implementing  acts” substitute  “Secretary  of State  may  make 
regulations”;  
(b) omit point  (a); 
(c) in points  (c) and (d), omit “by the Member  States”;  
(d) omit the last sentence.  
 
 
PART  4 
Consequential  amendments  
 
The Tribunal  Procedure (First- tier Tribunal)  (General  Regulatory  Chamber)  Rules  2009 
59. The Tribunal Procedure (First -tier Tribunal) (General Regulatory Chamber) Rules 2009( a) 
are amended in accordance with regulations 60 and 61.  
60. In rule 1(3),  after the definition  of “party” insert — 
““PDO or PGI wine decision” means a decision of the Secretary of State to approve or 
reject an application made under Article 94 of Regulation 1308/2013 of the European 
Parliament and of the Council establishing a common organisation of the markets in 
agricultural products for protection of a wine name as a designation of origin or 
geographical indication;”.  
61. In rule 22(6), after sub-paragraph  (i), insert — 
“(j) in an appeal  against  a PDO  or PGI wine  decision, within  28 days of the date on 
which the decision was published;”.  
 
  
 
 
(a) S.I. 2009/1976;  relevant  amending  instruments  are S.I. 2010/43,  2653,  2012/500,  2017/1168,  2018/1053.  15   
 
Robert  Goodwill  
Parliamentary  Under  Secretary  of State  
4th April 2019 Department  for Environment, Food and Rural  Affairs  
 
 
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 deficien cies (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 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a commo n organisation of the markets in agricultural 
products (Regulation (EU) 1308/2013), in particular in relation to provisions concerning recognition of producer organisations, protected designations of origin and geographical 
indications and contracts in rel ation to agricultural products, and to Regulation (EU)  No 510/2014 
laying down the trade arrangements applicable to certain goods resulting from the processing of 
agricultural products.  
They also make amendments to Regulation (EU) No. 566/2008 concerning t he marketing of beef, 
Regulation (EU) No. 543/2011 concerning marketing of fruit and vegetables and Regulation (EU) 
No. 1295/2008 concerning the import of hops.  
They also make amendments to Regulation (EU) No. 1306/2013 of the European Parliament and  
of th e Council on the financing, management and monitoring of the common agricultural policy, 
conferring legislative functions in relation to customs procedures and checks relating to protected 
designations of origin, geographical indications and protected traditional terms.  
Part 4 makes amendments to The Tribunal Procedure (First -tier Tribunal) (General Regulatory 
Chamber) Rules 2009 (S.I. 2009/1976) in consequence of amendments made to Regulation (EU) 1308/2013. 
An impact assessment has not been produced for t his instrument as no, or no significant, impact  
on the private or voluntary sector is foreseen.  
 
 
© Crown  copyright  2019  
Printed  and published  in the UK by The Stationery  Office  Limited  under  the authority  and superintendence  of Jeff James,  
Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament.    
 
 
 
 
   
 
 
 
 
  
 
 
 
 
  
 
 
  
 
  
 
  
 
  
 
   
 
 
 
 
  
 
 
 
 
  
 
 
 
 
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UK201904051018 04/2019 19585  
 
 
 
http://www.legislation.gov.uk/id/uksi/2019/828  
 
S T A T U T O R Y I N S T R U M E N T S 
 
 
2019 No. 828 
 
EXITING  THE  EUROPEAN UNION 
AGRICULTURE  
The Common Organisation of the Markets in  Agricultural 
Products  and Common  Agricultural Policy  (Miscellaneous 
Amendments) (EU Exit) Regulations 2019  
 
ISBN  978-0-11-118615 -2 
 
 
CORRECTION  
 
Page 8, regulation 32: “…for “authorities of the Member State” substitute…” should read “…for 
“authorities of the Member States” substitute…”.  
 
 
 
May 2019  
 
PRINTED  AND PUBLISHED IN THE  UNITED KINGDOM  BY THE  STATIONERY OFFICE  LIMITED  
under  the authority  and superintendence  of Jeff  James,  Controller  of Her Majesty’s  Stationery  Office  
and Queen’s Printer of Acts of Parliament.