This Statutory Instrument substantially replaces pr ovision made in S.I. 2019/1343, the scrutiny 
period for which expired on 7 January 2020 without the instrument having been approved, and is 
being issued free of charge to all known recipients  of that Statutory Instrument. 
S T A T U T O R Y  I N S T R U M E N T S  
2020 No. 1446 
EXITING THE EUROPEAN UNION 
AGRICULTURE 
FOOD 
The Common Organisation of the Markets in Agricultu ral 
Products (Producer Organisations and Wine) (Amendme nt etc.) 
(EU Exit) Regulations 2020 
Made - - - - 7th December 2020 
Coming into force in accordance with regulation 1 
The Secretary of State makes these Regulations in e xercise of the powers conferred by section 
8(1) of, and paragraph 21 of Schedule 7 to, the Eur opean Union (Withdrawal) Act 2018( a). 
There has been consultation, 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 Aut hority and laying down procedures in matters 
of food safety( b), during the preparation of these Regulations so f ar as they relate to food. 
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 Parli ament and approved by a resolution of each 
House of Parliament. 
                                                                                                                                            
(a) 2018 c. 16. Paragraph 21 of Schedule 7 was amende d by paragraph 53 of Schedule 5 to the European Uni on (Withdrawal 
Agreement) Act 2020 (c. 1).  
(b) OJ No L 31, 1.2.2002, p.1, as amended by Commissi on Regulation (EU) 2017/228 (OJ No L 35, 10.2.2017,  p. 10) and 
Regulation (EU) 2019/1243 of the European Parliamen t and of the Council (OJ No L 198, 25.7.2019, p. 24 1).  2PART 1 
Introductory 
Citation and commencement 
1. —(1) These Regulations may be cited as the Common O rganisation of the Markets in 
Agricultural Products (Producer Organisations and W ine) (Amendment etc.) (EU Exit) 
Regulations 2020. 
(2)  Parts 1 and 3 come into force immediately before IP  completion day. 
(3)  Parts 2 and 4 come into force on IP completion day.  
PART 2 
Amendment of retained direct EU legislation 
Amendment of Commission Delegated Regulation (EU) N o 880/2012 
2. —(1) Commission Delegated Regulation (EU) No 880/20 12 supplementing Council 
Regulation (EC) No 1234/2007 as regards transnation al cooperation and contractual negotiations 
of producer organisations in the milk and milk prod ucts sector( a) is amended as follows. 
(2)  Omit Articles 1 and 2. 
(3)  In Article 3, for “Article 126c(2)(c) and (3) of Re gulation (EC) No 1234/2007” substitute 
“Article 149(2)(c) of Regulation (EU) No 1308/2013” . 
(4)  After Article 4, omit the words from “This Regulati on” to “Member States.”. 
Amendment of Regulation (EU) No 1308/2013 of the Eu ropean Parliament and of the 
Council 
3. —(1) Regulation (EU) No 1308/2013 of the European P arliament and of the Council 
establishing a common organisation of the markets i n agricultural products( b) is amended as 
follows. 
(2)  In Article 92(2)— 
(a)  in point (b), for “internal market” substitute “mar ket in Great Britain”; 
(b)  in point (c), for “national quality policy measures ” substitute “quality policy measures to 
be implemented in England, and, to the extent to wh ich those measures are within 
devolved competence, in Wales and Scotland”. 
(3)   In Article 95, after paragraph 1 insert— 
“1A.  An application to protect a designation of origin or a geographical indication for a 
wine produced in the United Kingdom must be submitt ed to the Secretary of State.”. 
(4)  In Article 97, for paragraphs 3 and 4 substitute— 
“3.  Where the Secretary of State considers that the co nditions laid down in this 
Subsection are met, the Secretary of State must pub lish the single document referred to in 
point (d) of Article 94(1) in respect of the applic ation concerned and the product 
specification referred to in Article 94(2). 
4.  Where the Secretary of State considers that the co nditions laid down in this Subsection 
are not met, the Secretary of State must reject the  application and: 
                                                                                                                                            
(a) EUR 2012/880. 
(b) EUR 2013/1308. Other prospective amendments are m ade by S.I. 2019/821, 828, 831, 1402 and 1422. In p articular, S.I. 
2019/821 amends Article 101 and Article 104 and S.I . 2019/828 inserts Articles 99a and 99b.  3(a) inform the applicant and any interested parties  of the decision and the reasons for 
that decision; 
(b) provide information to the applicant and any in terested parties of the right to 
appeal under Article 99a against the decision and t he time period within which an 
appeal may be made; and 
(c) publish the decision and the reasons.”. 
(5)  After Article 97 insert— 
“Article 97a 
Applications pending on IP completion day 
1. A pending application made before IP completion day under Regulation (EU) No 
1308/2013 as it had effect before IP completion day  is deemed to be an application made 
under Article 94 of this Regulation for which scrut iny under Article 97 of this Regulation 
has not been commenced. 
2. Unless requested in writing not to do so by the person who submitted the application 
under Regulation (EU) No 1308/2013, the Secretary o f State must scrutinise a pending 
application under Article 97 of this Regulation. 
3. But the Secretary of State may decide not to scr utinise a pending application under 
paragraph 2 in a case where the pending application  is an application that has been sent to 
the European Commission for scrutiny under Article 97 of Regulation (EU) No 1308/2013 
before IP completion day. 
4. The six month period specified in Article 10 of Regulation (EU) No 2019/33 begins 
with the day on which IP completion day falls. 
5. Where a request of the type specified in paragra ph 2 is made in relation to a pending 
application by an applicant referred to in that par agraph, the pending application is to be 
treated as having been withdrawn. 
6. In this Article ‘pending application’ means an a pplication submitted to the Secretary 
of State under Article 96 of Regulation (EU) No 130 8/2013 as it has effect in EU law— 
(a) for protection of a name as a designation of or igin or geographical indication; 
(b) for which the European Commission has not adopt ed an implementing act under 
Article 99 of Regulation (EU) 1308/2013 before IP c ompletion day.”; 
(6)   For Article 99 substitute— 
“Article 99 
Decision on protection 
1. On the basis of the information available to the  Secretary of State upon completion 
of the objection procedure referred to in Article 9 8, the Secretary of State must decide to: 
(a) reject the application if the Secretary of Stat e considers that the conditions laid down in 
this Subsection are not met; or 
(b) approve the application and update the register  provided for in Article 104 accordingly. 
2. Where the Secretary of State decides to reject a n application under point (a) of the 
first paragraph, the Secretary of State must: 
(a) inform the applicant and any interested parties  of the decision and the reasons for that 
decision;  
(b) provide information to the applicant and any in terested parties of the right to appeal 
under Article 99a against the decision and the time  period within which an appeal may 
be made; and 
(c) publish the decision and the reasons.  43. Where the Secretary of State decides to approve an application under point (b) of 
paragraph 1, the Secretary of State must: 
(a) inform such parties as the Secretary of State c onsiders to have an interest in the 
decision of the decision and the reasons for that d ecision;  
(b) provide information to such parties as the Secr etary of State considers to have an 
interest in the decision of the right to appeal und er Article 99a against the decision and 
the time period within which an appeal may be made;  and 
(c) publish the decision and the reasons.”. 
(7)  In Article 101(1)— 
(a)  in the first subparagraph, after “protected” insert  “in Great Britain”; 
(b)  at the end of the second subparagraph, insert “in t he United Kingdom”. 
(8)  In Article 104, at the end insert— 
“and unless the Secretary of State, when making an entry, specifies a later date on the 
register as the date the entry is to take effect, t he entry is to be treated as taking effect: 
(a) in a case where the register is established by the Secretary of State after IP completion 
day but before the end of the next day following th e day on which IP completion day 
falls and the entry is on the register as establish ed during that period, on IP completion 
day; 
(b) in any other case, immediately the entry is mad e”. 
(9)  For Article 106 substitute— 
“Article 106 
Cancellation 
Either on the Secretary of State’s own initiative o r following a request, the Secretary of 
State may decide, in accordance with Commission Del egated Regulation (EU) 2019/33 and 
Commission Implementing Regulation (EU) 2019/34, to  cancel the protection of a 
designation of origin or a geographical indication where the Secretary of State considers 
that compliance with the corresponding product spec ification is no longer ensured. 
Where the Secretary of State makes a decision to ca ncel under the first paragraph (either 
following a request or on the Secretary of State’s own initiative) or to decline to cancel 
under the first paragraph (following a request), th e Secretary of State must: 
(a) inform any interested party of the decision and  the reasons for that decision; 
(b) provide information to such parties as the Secr etary of State considers to have an 
interest in the decision of the right to appeal aga inst the decision and the time period 
within which an appeal may be made; 
(c) publish the decision and the reasons; and 
(d) update the register provided for in Article 104  accordingly.”. 
(10)  In Article 109— 
(a)  in paragraph 1, for the words from “Commission” to “Article 227” substitute “Secretary 
of State may make regulations”; 
(b)  in paragraph 2, for the words from “Commission” to “Article 227” substitute “Secretary 
of State may make regulations”; 
(c)  in paragraph 3— 
(i)  in the words before point (a), for the words from “ Commission” to “Article 227” 
substitute “Secretary of State may make regulations ”; 
(ii)  in point (b), for “Commission” substitute “Secretar y of State”; 
(iii)  at the end of point (f), for the full stop substitu te a semi-colon; 
(iv)  after point (f) insert—  5“(g) rights to appeal any decision made: 
 (i) under Article 99 to reject or approve an appli cation for the protection of a 
designation of origin or of a geographical indicati on; 
 (ii) to reject or approve an application submitted  under Article 105 to amend the 
product specification of a protected designation of  origin or of a protected 
geographical indication; 
 (iii) under Article 106, either to reject or appro ve an application to cancel a protected 
designation of origin or a protected geographical i ndication, or to cancel such 
protection on the Secretary of State’s own initiati ve, 
including the parties who may bring an appeal, the grounds and form of appeal, the 
appeals procedure, and the identity and powers of t he appeal body.”; 
(d)  in paragraph 4, for the words from “Commission” to “on” substitute “Secretary of State 
may make regulations about”; 
(e)  in paragraph 5— 
(i)  after “granted protection” insert “under Regulation  (EU) No 1308/2013”; 
(ii)  after “application for protection has been made” in  both places it occurs, insert 
“under Regulation (EU) No 1308/2013”; 
(iii)  for “1 August 2009”, in both places it occurs, subs titute “IP completion day”; 
(iv)  for “that date”, in both places it occurs, substitu te “IP completion day”; 
(v)  for the words from “Commission” to “Article 227” su bstitute “Secretary of State 
may make regulations for securing, as far as practi cable, uninterrupted protection 
equivalent to that provided by Regulation (EU) No 1 308/2013 immediately before IP 
completion day, and in particular”; 
(vi)  omit “by Member States”. 
(11)   In Article 110— 
(a)  for the heading substitute— 
“Article 110  Other delegated powers ”; 
(b)  in paragraph 1— 
(i)  for the words from “Commission” to “acts” substitut e “Secretary of State may make 
regulations”; 
(ii)  omit the last sentence; 
(c)  in paragraph 2— 
(i)  for the words from “Commission” to “acts” substitut e “Secretary of State may make 
regulations”; 
(ii)  omit the last sentence. 
(12)   Omit Article 111.  
(13)   In Article 114— 
(a)  in paragraph 1, for the words from “Commission” to “Article 227” substitute “Secretary 
of State may make regulations”; 
(b)  in paragraph 2— 
(i)  for the words from “Commission” to “Article 227” su bstitute “Secretary of State 
may make regulations”; 
(ii)  in point (g), for “Commission” substitute “Secretar y of State”; 
(iii)  at the end of point (g), for the full stop substitu te a semi-colon; 
(iv)  after point (g), insert— 
“(h) the circumstances in which an interested party  may appeal any decision to: 
 (i) reject or approve an application for the prote ction of a traditional term;  6 (ii) reject or approve an application for the modi fication of the protection of a 
traditional term; 
 (iii) either reject or approve an application for the cancellation of the protection of a 
traditional term, or to cancel such protection on t he Secretary of State’s own 
initiative.”; 
(c)  in paragraph 3— 
(i)  for “the Union” substitute “Great Britain”; 
(ii)  for the words from “Commission” to “Article 227” su bstitute “Secretary of State 
may make regulations”. 
(14)   In Article 115— 
(a)  for the heading substitute— 
“Article 115  Other delegated powers ”; 
(b)  in paragraph 1, for “Commission may adopt implement ing acts” substitute “Secretary of 
State may make regulations”; 
(c)  for paragraph 2 substitute— 
“2. The Secretary of State may: 
(a) approve or reject an application for protection  of a traditional term; 
(b) approve or reject an application for modificati on of a protected traditional term; 
(c) approve or reject an application to cancel the protection of a traditional term; 
(d) cancel the protection of a traditional term on the Secretary of State’s own initiative. 
2A. Where the Secretary of State makes a decision u nder paragraph 2, the Secretary of 
State must publish in such manner as appears approp riate to the Secretary of State from 
time to time, a notice— 
(a) informing the applicant and the public of the d ecision made in relation to the 
application and the reasons for that decision; and 
(b) providing information about the right to appeal  against the decision and the period 
within which an appeal may be made.”; 
(d)  in paragraph 3, for the words “Commission shall ado pt implementing acts” substitute 
“Secretary of State may make regulations”; 
(e)  omit paragraph 4. 
(15)  Omit Article 116. 
(16)   In Article 119(3), for point (b) substitute— 
“(b) in exceptional and duly justified circumstance s specified in regulations made by the 
Secretary of State in order to ensure compliance wi th existing labelling practices.”. 
(17)   In Article 191— 
(a)  for the first paragraph substitute— 
“The Secretary of State may, pursuant to internatio nal obligations, make regulations setting 
out derogations from point 5 of Section B or from S ection C of Part 2 of Annex VIII for 
products imported into Great Britain.”; 
(b)  in the second paragraph, omit “of the Member State of release into free circulation”; 
(c)  in the third paragraph— 
(i)  for “Commission may adopt implementing acts” substi tute “Secretary of State may 
make regulations”; 
(ii)  omit the last sentence.  7Amendment of Commission Delegated Regulation (EU) 2 016/232 
4.  In Commission Delegated Regulation (EU) 2016/232 s upplementing Regulation (EU) No 
1308/2013 of the European Parliament and of the Cou ncil with regard to certain aspects of 
producer cooperation( a), omit Articles 2 and 4. 
Amendment of Commission Delegated Regulation (EU) 2 017/891 
5. —(1) Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 
1308/2013 of the European Parliament and of the Cou ncil with regard to the fruit and vegetables 
and processed fruit and vegetables sectors and supp lementing Regulation (EU) No 1306/2013 of 
the European Parliament and of the Council with reg ard to penalties to be applied in those 
sectors( b) is amended as follows. 
(2)  In Article 2( c)— 
(a)  omit points (d) and (e); 
(b)  after point (q)( d), insert— 
“(r) ‘existing non-UK member’ means an ex-transnati onal producer organisation member: 
 (i) who was, immediately before IP completion day,  a producer member of a 
transnational producer organisation within the mean ing of Articles 2(b) and 2(d) 
(as they had effect immediately before IP completio n day); and 
 (ii) at least one of whose holdings is situated in  a Member State; 
(s) ‘ex-transnational producer organisation’ means a producer organisation that was, 
immediately before IP completion day, recognised in  the United Kingdom as a 
transnational producer organisation within the mean ing of Article 2(d) (as it had effect 
immediately before IP completion day).”. 
(3)  In Article 3— 
(a)  omit the first and second sentences; 
(b)  in the third sentence— 
(i)  for “Member States may adopt” substitute “Nothing i n this Regulation prevents the 
Secretary of State from adopting”; 
(ii)  for “organisations and on” substitute “organisation s, including rules concerning”. 
(4)  In Article 4(1) and (2), for “Member States” substi tute “The Secretary of State”. 
(5)  In Article 5— 
(a)  in the first paragraph, for the words from “Member States” to the end substitute “producer 
organisations must have at least five producer memb ers, all of whom are separate legal 
entities.”; 
(b)  omit the second paragraph. 
(6)  In Article 6— 
(a)  in paragraph 2, for the second sentence substitute—  
“Subject to paragraph 3, resignation from membershi p will take effect: 
(a) if notice of resignation is received by the pro ducer organisation on or before 30 
September of a given calendar year (or such earlier  date as may be set in the producer 
                                                                                                                                            
(a) EUR 2016/232. 
(b) EUR 2017/891.Under Article 138 of the withdrawal agreement (as defined in s39(1) of the European Uni on (Withdrawal 
Agreement) Act 2020 (c. 1)) and s7A of the European  Union (Withdrawal) Act 2018 (c. 16), certain commo n organisation 
of the markets and rural development measures commi tted under the multiannual financial framework 2014 -20 and 
previous financial perspectives continue to be gove rned by directly applicable EU law. 
(c) Article 2 is also amended by S.I. 2020/1445. 
(d) S.I. 2020/1445 inserts points (n) to (q) into Art icle 2.  8organisation’s membership agreement in accordance w ith paragraph 3), on 1 January 
of the following year; 
(b) if notice of resignation is received by the pro ducer organisation after 30 September of a 
given calendar year (or such earlier date as may be  set in the producer organisation’s 
membership agreement in accordance with paragraph 3 ), on 1 January of the year after 
the following year.”; 
(b)  after paragraph 2, insert— 
“3. The membership agreement of a producer organisa tion may require notice of 
resignation to be given before 30 September (but no  earlier than 30 June) of the year before 
that in which resignation is intended to take effec t.”. 
(7)  In Article 7— 
(a)  for “Member States” substitute “The Secretary of St ate”; 
(b)  in point (e), for “national” substitute “applicable ”. 
(8)  For Article 9, substitute— 
“Article 9 
Minimum value of marketed production 
For the purposes of Article 154(1)(b) of Regulation  (EU) No 1308/2013, the minimum 
value of marketed production is: 
(a) €250,000 for producer organisations recognised for mushrooms or nuts; 
(b) €1 million for producer organisations recognise d in respect of any other product or 
group of products.”. 
(9)  In Article 12— 
(a)  in paragraph 1, in the words before point (a), for “Member State” substitute “Secretary of 
State”; 
(b)  in paragraph 2— 
(i)  for “Member States may set” substitute “nothing in this Regulation prevents the 
Secretary of State from setting”; 
(ii)  for “Member States may increase” substitute “Nothin g in this Regulation prevents 
the Secretary of State from increasing”. 
(10)  In Article 13(1), for “a Member State” substitute “ the Secretary of State”. 
(11)  For Article 14, substitute— 
“Article 14 
Ex-transnational producer organisations 
1. An ex-transnational producer organisation retain s recognition as a producer 
organisation pursuant to Article 152 of Regulation (EU) No 1308/2013 provided that it 
fulfils the criteria and requirements for recogniti on set out in Regulation (EU) No 
1308/2013, this Regulation and Regulation (EU) 2017 /892. 
2. Any person that: 
(a) immediately before IP completion day, was a mem ber of a transnational producer 
organisation which is an ex-transnational producer organisation; and 
(b) is not a producer within the meaning of Article  2(a), 
is a non-producer member of the ex-transnational pr oducer organisation within the meaning 
of Article 16, whether or not such person was a pro ducer member of such organisation 
before IP completion day.”. 
(12)  In Article 15(1), for “Member State” substitute “Se cretary of State”. 
(13)  In Article 16—  9(a)  in paragraph 1— 
(i)  for “Member States may determine the conditions und er which any” substitute 
“Any”; 
(ii)  after “producer organisation” insert “if and for so  long as there is no conflict of 
interest between that person and the producer organ isation”; 
(b)  omit paragraph 2; 
(c)  in paragraph 3— 
(i)  in point (b), for “by the Union” substitute “from p ublic funds( a)”; 
(ii)  for the second subparagraph substitute— 
“Restrictions on the right of a natural or legal pe rson to vote on decisions relating to 
operational funds are set out in Annex VIII to this  Regulation.”; 
(d)  after paragraph 3 insert— 
“4. By way of derogation from paragraph 3(b), an ex isting non-UK member of an ex-
transnational producer organisation may continue to  benefit directly from measures 
financed from public funds, where: 
(a) those measures are contained in an operational programme that was implemented by 
that organisation before IP completion day; and 
(b) that member was entitled to benefit from those measures immediately before IP 
completion day.”. 
(14)  In Article 17— 
(a)  in paragraph 1— 
(i)  omit “national”; 
(ii)  for “Member State” substitute “Secretary of State”;  
(b)  for paragraph 2 substitute— 
“2. The maximum percentage of voting rights and sha res or capital which any natural or 
legal person may hold in any producer organisation that does not fall within paragraph 1 is 
set out in Annex VIII to this Regulation.”; 
(c)  in paragraph 3, for “Member States’ authorities” su bstitute “The Secretary of State”; 
(d)  omit paragraph 4. 
(15)  In Article 18— 
(a)  after “17” insert “(save as provided otherwise in t his Article and Annex VIII)”; 
(b)  at the end, insert “Restrictions on voting rights i n associations of producer organisations 
are set out in Annex VIII to this Regulation.”. 
(16)  In Article 19— 
(a)  in paragraph 1, for “Member States” substitute “The  Secretary of State”; 
(b)  in paragraph 4, for “Member States may adopt” subst itute “Nothing in this Regulation 
prevents the Secretary of State from adopting”. 
(17)  In Article 20— 
(a)  in paragraph 1— 
(i)  for “Member States may determine the conditions und er which natural” substitute 
“Natural”; 
(ii)  after “producer organisations” insert “if and for s o long as there is no conflict of 
interest between those persons and the association of producer organisations”; 
                                                                                                                                            
(a) S.I. 2020/1445 inserts a definition of “public fu nds” into Article 2 of Regulation (EU) 2017/891.  10 (b)  in paragraph 2— 
(i)  in point (b), for “by the Union” substitute “from p ublic funds”; 
(ii)  for the second subparagraph substitute— 
“Restrictions on those members’ right to vote on de cisions relating to operational 
programmes are set out in Annex VIII to this Regula tion.”. 
(18)  Omit Article 21. 
(19)  In Article 22— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, for “The”, in the first place it occurs, substitute “Except to 
the extent that this Article and Article 23 provide  otherwise, the”; 
(ii)  in the second subparagraph, for “The” substitute “E xcept to the extent that this 
Article and Article 23 provide otherwise, the”; 
(b)  in paragraph 3, for “Member States” substitute “The  Secretary of State”; 
(c)  omit paragraph 4; 
(d)  in paragraph 5, for “Only” substitute “Except to th e extent that this Article and Article 23 
provide otherwise, only”; 
(e)  in paragraph 8(b), for “Member State approval” subs titute “approval by the Secretary of 
State”. 
(20)  In Article 23( a)— 
(a)  in paragraph 2, for “The” substitute “Except where paragraph 2A applies, the”; 
(b)  after paragraph 2, insert— 
“2A.  For ex-transnational producer organisations, the ceiling on financial assistance 
referred to in Article 34(2) of Regulation (EU) No 1308/2013 is to be calculated, and 
compliance with Article 154(1)(b) of Regulation (EU ) No 1308/2013 is to be assessed, on 
the basis of the value of the marketed production d uring the reference period of producers 
who are producer members of the organisation on 1 J anuary of the year for which aid is 
requested, calculated in accordance with Article 22 .”; 
(c)  in paragraph 4, in the second subparagraph, after “ appropriate authority”( b) insert “and 
the Secretary of State (when the Secretary of State  is not the appropriate authority)”. 
(21)  In Article 31( c)— 
(a)  in paragraph 6, after the fourth subparagraph, inse rt— 
“The obligations to recover any aid paid from publi c funds under the fourth subparagraph 
do not apply to investments that are financed under  an operational programme that was 
being implemented immediately before IP completion day by an ex-transnational producer 
organisation.”; 
(b)  in paragraph 7, in the second subparagraph, omit “p roducer” in the first place it occurs. 
(22)  After Article 36(5), insert— 
“6. The obligations to recover any aid paid from pu blic funds under the sentence at the 
end of paragraph 2(b) and paragraph 3 do not apply to investments that are financed under 
an operational programme that was being implemented  immediately before IP completion 
day by an ex-transnational producer organisation.”.  
                                                                                                                                            
(a) Article 23 is also amended by S.I. 2020/1445. 
(b) S.I. 2020/1445 amends Article 23(4) to replace th e reference to the “competent authority of the Memb er State concerned” 
with “appropriate authority”. 
(c) Article 31 is also amended by S.I. 2020/1445.  11 (23)  In Article 56(2), for “, associations of producer o rganisations, transnational associations of 
producer organisations and producer groups” substit ute “and associations of producer 
organisations”. 
(24)  In Article 59— 
(a)  in paragraph 1( a)— 
(i)  in the first sentence— 
(aa)  for “a Member State” substitute “the Secretary of S tate”; 
(bb)  for “it” substitute “the Secretary of State”; 
(ii)  in the second sentence, for “their” substitute “the  Secretary of State’s”; 
(b)  in paragraph 2, in the first subparagraph— 
(i)  in the first and second sentences, for “Member Stat e” substitute “Secretary of State”; 
(ii)  in the third sentence, omit “horizontal national”; 
(c)  in paragraph 3— 
(i)  in the first sentence— 
(aa)  for “competent authority of the Member State” subst itute “Secretary of State”; 
(bb)  for “Member State”, in the second place it occurs, substitute “Secretary of 
State”; 
(ii)  in the second sentence, omit “horizontal national”;  
(d)  in paragraph 4— 
(i)  for “a Member State” substitute “the Secretary of S tate”; 
(ii)  for “it” substitute “the Secretary of State”; 
(e)  in paragraph 5— 
(i)  in the first sentence, for “Member State” substitut e “Secretary of State”; 
(ii)  in the second sentence, omit “horizontal national”;  
(f)  in paragraph 6— 
(i)  in the first subparagraph, for “Member States” subs titute “The Secretary of State”; 
(ii)  in the second subparagraph— 
(aa)  for “Member State”, in both places it occurs, subst itute “Secretary of State”; 
(bb)  for “Member States” substitute “the Secretary of St ate”. 
(25)  In Article 60— 
(a)  in paragraph 1( b), after “payments to and” insert “the Secretary of  State shall suspend”; 
(b)  in paragraph 2, after “head office”( c), insert “in point (b), and the Secretary of State  in 
points (a) and (c)”. 
(26)  Omit Articles 68 to 71. 
(27)  Omit Article 72(2). 
(28)  In Annex II— 
(a)  in point 8, for “Union” substitute “United Kingdom” ; 
(b)  in point 20, for “Union”, in both places it occurs,  substitute “United Kingdom”. 
(29)  In Annex III— 
(a)  in point 2(c), omit the words from “, as well” to “ associations of producer organisations”; 
(b)  in point 13— 
                                                                                                                                            
(a) Article 59(1) is also amended by S.I. 2020/1445. 
(b) Article 60(1) is also amended by S.I. 2020/1445. 
(c) S.I. 2020/1445 inserts words after point (c) in A rticle 60(2) of this Regulation.  12 (i)  for “territory of the Union” substitute “United Kin gdom”; 
(ii)  omit “(a) and”. 
(30)  In Annex V, in Part A( a)— 
(a)  for “, associations”, in each place it occurs, subs titute “and associations”; 
(b)  in point 2— 
(i)  omit “, transnational associations of producer orga nisations”, in each place it occurs; 
(ii)  omit point (a)(ii); 
(iii)  in point (b), omit the words from “In addition” to the end; 
(c)  in points 3 and 4, omit “and transnational associat ions of producer organisations”, in each 
place it occurs. 
(31)  After Annex VII, insert— 
“ANNEX VIII 
Restrictions on shareholding and voting rights in p roducer organisations and 
associations of producer organisations 
1. In this Annex: 
(a) ‘voting right’ means a right to vote in relatio n to a relevant decision; 
(b) ‘relevant decision’ means any decision affectin g the producer organisation or 
association of producer organisations (as the case may be) and its members (in their 
capacity as such), including the election of the pr oducer organisation’s or association 
of producer organisations’ (as the case may be) dir ectors or board members. 
2. A producer organisation must provide in its memb ers’ agreements and statutes for 
each producer member to have one voting right. 
3. By way of derogation from point 1, a producer or ganisation that has more than ten 
members may, with the agreement of the Secretary of  State, provide for individual producer 
members to exercise up to 10% each of the voting ri ghts. The remaining voting rights (other 
than voting rights held by non-producer members, in sofar as permitted by the Secretary of 
State and the producer organisation) must be shared  between the remaining producer 
members. A producer organisation that implements th is option must adopt measures to 
prevent abuses of power by its members. 
4. A producer organisation may provide in its membe rs’ agreements and statutes for 
non-producer members to have voting rights, provide d that: 
(a) a non-producer member must not be permitted to hold more than one voting right; 
(b) the total share of the voting rights exercisabl e by non-producer members must be: 
 (i) in relation to decisions concerning an operati onal programme that was being 
implemented by an ex-transnational producer organis ation immediately before IP 
completion day, less than a majority of the total n umber of voting rights 
exercisable in respect of such decisions; 
 (ii) in relation to any other relevant decisions, no more than 20%. 
5. A natural or legal person must not hold more tha n: 
(a) 20% of the total number of shares or amount of capital in a producer organisation 
directly; or 
(b) 49% of the total number of shares or amount of capital in a producer organisation in 
total, directly or indirectly. 
                                                                                                                                            
(a) Part A of Annex 5 is also amended by S.I. 2020/14 45.  13 6. For the purpose of point 5, a person holds a sha re or capital “indirectly” if the person 
has a majority stake in another person and that oth er person: 
(a) holds the share or capital in question; or 
(b) is part of a chain of persons: 
 (i) each of whom (other than the last) has a major ity stake in the person immediately 
below it in the chain; and 
 (ii) the last of whom holds the share or capital. 
7. An association of producer organisations must pr ovide in its members’ agreements 
and statutes for each member that is a producer org anisation to have one voting right. 
8. An association of producer organisations may pro vide in its members’ agreements 
and statutes for producer members that are not prod ucer organisations to have voting rights, 
provided that: 
(a) such members must not be permitted to hold more  than one voting right each; 
(b) the total share of the voting rights exercisabl e by such members must be less than a 
majority of the total number of voting rights exerc isable in respect of each relevant 
decision.”. 
Amendment of Commission Implementing Regulation (EU ) 2017/892 
6. —(1) Commission Implementing Regulation (EU) 2017/8 92 laying down rules for the 
application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with 
regard to the fruit and vegetables and processed fr uit and vegetables sectors( a) is amended as 
follows. 
(2)  In Article 1A( b), at the end insert— 
“(e) ‘existing non-UK member’ means an ex-transnati onal producer organisation member: 
 (i) who was, immediately before IP completion day,  a producer member of a 
transnational producer organisation within the mean ing of Articles 2(b) and 2(d) 
of Regulation (EU) 2017/891 (as they had effect imm ediately before IP 
completion day); and 
 (ii) at least one of whose holdings is situated in  a member State; 
(f) ‘ex-transnational producer organisation’ means a producer organisation that was, 
immediately before IP completion day, recognised in  the United Kingdom as a 
transnational producer organisation within the mean ing of Article 2(d) of Regulation 
(EU) 2017/891 (as it had effect immediately before IP completion day).”. 
(3)  In Article 9— 
(a)  in paragraph 6( c), omit the second sentence; 
(b)  omit paragraph 7. 
(4)  In Article 21, in the first paragraph( d), omit “, transnational associations of producer 
organisations”. 
(5)  In Article 22, for the first sentence substitute— 
“The Secretary of State must ensure that a unique i dentification system applies to producer 
organisations and associations of producer organisa tions with regard to their aid 
applications.”. 
                                                                                                                                            
(a) EUR 2017/892. Under Article 138 of the withdrawal  agreement (as defined in s39(1) of the European Un ion (Withdrawal 
Agreement) Act 2020 (c. 1)) and s7A of the European  Union (Withdrawal) Act 2018 (c. 16), certain commo n organisation 
of the markets and rural development measures commi tted under the multiannual financial framework 2014 -20 and 
previous financial perspectives continue to be gove rned by directly applicable EU law. 
(b) S.I. 2020/1445 inserts Article 1A into Regulation  (EU) 2017/892. 
(c) Article 9(6) is also amended by S.I. 2020/1445. 
(d) Article 21 is also amended by S.I. 2020/1445.  14 (6)  At the end of Article 23( a), insert “, and the procedures for the submission of requests for 
recognition are those published from time to time b y the Secretary of State”. 
(7)  In Article 24— 
(a)  in paragraph 1, for “Member States” substitute “the  Secretary of State”; 
(b)  in paragraph 2, for “Member States” substitute “The  Secretary of State”. 
(8)  At the end of Article 28, insert— 
“3. If the check reveals any non-compliance with th e recognition criteria, the producer 
organisation or association of producer organisatio ns concerned must send a copy of the 
report to the Secretary of State within 28 days of the date on which the final version of the 
report is sent to the producer organisation or asso ciation of producer organisations.”. 
(9)  Omit Articles 32 and 33. 
(10)  At the end of Article 34( b), insert— 
“If a check reveals any non-compliance with the rec ognition criteria, a detailed report must 
be made and sent to the Secretary of State in accor dance with Article 28.”. 
(11)  In Article 35( c), after “appropriate authority”, in both places it  occurs, insert “or the 
Secretary of State (as the case may be)”. 
(12)  Omit Chapter V. 
(13)  In Annex 2( d), in the words before Section 1 ( Administrative Information )— 
(a)  in the section entitled “Structure of the Annual Re port – Part A”— 
(i)  in point 2— 
(aa)  in the heading, for the words from “, transnational  producer” to the end, 
substitute “and associations of producer organisati ons”; 
(bb)  omit the rows beginning “Table 2.2.” and “Table 2.4 .”; 
(ii)  in point 3, in the rows beginning “Table 3.1.” and “Table 3.2.”, for the words from “, 
transnational producer” to the end, substitute “and  associations of producer 
organisations”; 
(iii)  in point 4, in the row beginning “Table 4.1.”, for the words from “transnational 
producer” to the end, substitute “associations of p roducer organisations”; 
(b)  in the section entitled “Explanatory Notes”— 
(i)  in the subsection entitled “Abbreviations”, omit th e rows beginning “Transnational 
producer organisation” and “Transnational associati on of producers organisation”; 
(ii)  in the subsection entitled “Code number (ID) of POs , TPOs, APOs, TAPOs and 
PGs”— 
(aa)  in the heading, for “, TPOs, APOs, TAPOs” substitut e “and APOs”; 
(bb)  for “, TPO, APO, TAPO”, in both places it occurs, s ubstitute “or APO”. 
(14)  In Annex 2, in Section 2 ( Information Related to POs, TPOs, APOs and PGs )— 
(a)  in the heading, for “, TPOs, APOs, TAPOs” substitut e “AND APOs”; 
(b)  in Table 2.1., omit “/TPO(s)/TAPO(s)”, in both plac es it occurs; 
(c)  omit Table 2.2.; 
(d)  in Table 2.3., omit “/TAPO(s)”, in both places it o ccurs; 
(e)  omit Table 2.4.. 
                                                                                                                                            
(a) Article 23 is substituted by S.I. 2020/1445. 
(b) Article 34 is also amended by S.I. 2020/1445. 
(c) S.I. 2020/1445 amends Article 35 to replace the r eference to the “competent authority of the Member State concerned” with 
“appropriate authority”. 
(d) Annex 2 is also amended by S.I. 2020/1445.  15 (15)  In Annex 2, in Section 3 ( Expenditures Information )— 
(a)  in Table 3.1.— 
(i)  in the heading, for “, TPOs, APOs and TAPOs” substi tute “and APOs”; 
(ii)  omit the columns headed “All TPOs” and “All TAPOs”;  
(b)  in Table 3.2.— 
(i)  in the heading, for “, TPOs, APOs and TAPOs” substi tute “and APOs”; 
(ii)  omit the columns headed “All TPOs” and “All TAPOs”.  
(16)  In Annex 2, in Section 4 ( Monitoring of Operational Programmes )— 
(a)  in the words before Table 4.1.— 
(i)  for “, associations” substitute “and associations”;  
(ii)  omit “, transnational organisations”; 
(b)  in Table 4.1.— 
(i)  in the heading, for “, TPOs, APOs and TAPOs” substi tute “and APOs”; 
(ii)  omit the columns headed “All TPOs” and “All TAPOs”.  
PART 3 
Amendment of domestic regulations 
7. —(1) The Common Organisation of the Markets in Agri cultural Products and Common 
Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019( a) is amended as 
follows. 
(2)  In regulation 4(b), for “exit day” substitute “IP c ompletion day”. 
(3)  In regulation 6, in the inserted text— 
(a)  after paragraph 2, insert— 
“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 a n amendment to a product specification 
of a protected designation of origin or of a protec ted geographical indication— 
(a) the person who submitted an application under A rticle 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 d ecision 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 A rticle 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 d ecision 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; 
                                                                                                                                            
(a) S.I. 2019/828.  16 (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 d ecision of the Secretary of State, 
following a request under Article 106, not to cance l the protection of a designation of origin 
or geographical indication— 
(a) the person who made the request for cancellatio n 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.”; 
(b)  in paragraph 3, for “paragraph 1 or 2” substitute “ paragraph 1, 2, 2A, 2B, 2C or 2D”; 
(c)  after paragraph 4(c), insert— 
“(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 wi th 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 wi th 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 wi th a direction to repeat the 
consideration of the cancellation and (if appropria te) 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; o r 
 (ii) remit the matter to the Secretary of State wi th a direction to repeal the 
consideration of the cancellation.”; 
(d)  in paragraph 5, for “paragraph 1 or paragraph 2” su bstitute “paragraph 1, 2, 2A, 2B, 2C or 
2D”; 
(e)  after paragraph 8 of Article 99a, insert— 
“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 Sec retary 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 o f State’s decision and directs the 
Secretary of State to restore the register, that ac tion has been taken; 
(b) in a case where the FTT remits the matter to th e Secretary of State for 
reconsideration and fresh decision, the relevant en try ceases to have effect as a 
result of consequent action taken in relation to th e entry in the register following 
the fresh decision taken by the Secretary of State. ”; 
(f)  omit the words from “Article 99b” to the end of the  regulation. 
(4)  Regulation 7 is revoked.  17 PART 4 
Revocations 
Revocation of certain implementing acts relating to  EU wine designations of origin, 
geographical indications, and traditional terms 
8.  Any implementing act adopted under the following p rovisions of Regulation (EU) No 
1308/2013 of the European Parliament and of the Cou ncil prior to IP completion day and forming 
part of domestic law by virtue of section 3(1) of t he European Union (Withdrawal) Act 2018 is 
revoked— 
(a)  Article 97(3) and (4); 
(b)  Article 99; 
(c)  Article 106; 
(d)  Article 115(2). 
 
 Victoria Prentis  
 Parliamentary Under Secretary of State 
7th December 2020 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 power s conferred by section 8(1) of, and paragraph 
21 of Schedule 7 to, the European Union (Withdrawal ) Act 2018 (c. 16) in order to address 
failures of retained EU law to operate effectively and other deficiencies (in particular under 
section 8(2)(a), (b), (c), (d) and (g)) arising fro m the withdrawal of the United Kingdom from the 
European Union. 
Part 2 of these Regulations makes amendments to Com mission Delegated Regulation (EU) 
No 880/2012 and Commission Delegated Regulation (EU ) 2016/232 concerning transnational 
cooperation. 
It also amends provisions of Regulation (EU) No 130 8/2013 of the European Parliament and of 
the Council in relation to protected geographical i ndications, protected designations of origin and 
traditional terms in the wine sector. 
It also makes amendments to Commission Delegated Re gulation (EU) 2017/891 and Commission 
Implementing Regulation (EU) 2017/892 concerning pr oducer organisations and notifications in 
the fruit and vegetables and processed fruit and ve getables sectors. 
Part 3 amends the Common Organisation of the Market s in Agricultural Products and Common 
Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 to replace a 
reference to exit day with IP completion day, to pr ovide more detail on the appeal mechanism, and 
to revoke a provision which is replaced by this ins trument. 
Part 4 revokes certain implementing acts relating t o EU wine designations of origin, geographical 
indications, and traditional terms. 
A full impact assessment has not been produced for this instrument as no, or no significant, impact 
on the private, voluntary or public sector is fores een. 
  
  
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