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Article 16 Quality schemes for agricultural products, and foodstuffsE1

Scotland and Northern Ireland

Original text. Later amendments are not shown.

F11.

Support under this measure shall cover new participation, or participation in the five preceding years, by farmers and groups of farmers, in:

(a)

quality schemes established under the following Regulations and provisions:

  1. (i)

    Regulation (EU) 1151/2012 of the European Parliament and of the Councilf1;

  2. (ii)

    Council Regulation (EC) No 834/2007f2;

  3. (iii)

    Regulation (EC) No 110/2008 of the European Parliament and of the Councilf3;

  4. (iv)

    Council Regulation (EEC) No 1601/91f4;

  5. (v)

    Part II, Title II, Chapter I, Section 2 of Council Regulation (EU) No 1308/2013 as concerns wine.

(b)

quality schemes, including farm certification schemes, for agricultural products, cotton or foodstuffs, recognised by the F2relevant authority as complying with the following criteria:

  1. (i)

    the specificity of the final product under such schemes is derived from clear obligations to guarantee any of the following:

    • specific product characteristics,

    • specific farming or production methods, or

    • a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;

  2. (ii)

    the scheme is open to all producers;

  3. (iii)

    the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body;

  4. (iv)

    the scheme is transparent and assures complete traceability of products; or

(c)

voluntary agricultural product certification schemes recognised by the F3relevant authority as meeting the F4... best practice guidelines for the operation of voluntary certification schemes relating to agricultural products and foodstuffs.

2.

Support under this measure may also cover costs arising from information and promotion activities implemented by groups of producers, concerning products covered by a quality scheme receiving support in accordance with paragraph 1 of this Article. F5...

3.

Support under paragraph 1 shall be granted as an annual incentive payment, the level of which shall be determined in accordance with the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years.

In the case of initial participation prior to the application for support under paragraph 1, the maximum duration of five years shall be reduced by the number of years which have elapsed between the initial participation in a quality scheme and the time of the application for the support.

For the purposes of this paragraph, ‘fixed costs’ means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme.

For the purposes of this Article, ‘farmer’ means active farmer within the meaning of Article 9 of Regulation (EU) No 1307/2013 F6....

4.

Support shall be limited to the maximum support rate and amount laid down in Annex II.

5.

In order to take into account new F7statutory requirements that may affect support under this measure and in order to ensure consistency with other F8EU-derived domestic legislation or F9assimilated direct legislation on promotion of agricultural measures and prevent distortion of competition, the F10appropriate authority may make regulations concerning, the specific F11... schemes to be covered by point (a) of paragraph 1 and the characteristics of groups of producers and the types of actions that may receive support under paragraph 2, the setting of conditions to prevent discrimination against certain products; and the setting of conditions on the basis of which commercial brands are to be excluded from support.

Annotations

Textual amendments

F1

Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F2

Words in Art. 16(1)(b) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 16(1)(c) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in Art. 16(1)(c) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 16(2) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 16(3) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 16(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 55(a); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Art. 16(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 55(b); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in Art. 16(5) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 103

F10

Words in Art. 16(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 55(c); 2020 c. 1, Sch. 5 para. 1(1)

F11

Words in Art. 16(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 55(d); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1

This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales

Footnotes

f1

Regulation (EU) 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

f2

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

f3

Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).

f4

Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails (OJ L 149, 14.6.1991, p. 1).