# Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, Article 210: Agreements and concerted practices of recognised interbranch organisations

Extent: E+W+S+N.I.

1. Section 2(1) of the Competition Act 1998 shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation with the object of carrying out the activities listed in point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.
2. Paragraph 1 shall apply provided that:
(a) the agreements, decisions and concerted practices referred to therein have been notified to the Competition and Markets Authority; and
(b) within two months of receipt of all the details required the Competition and Markets Authority has not found that those agreements, decisions or concerted practices are incompatible with any applicable legislation.
Where the Competition and Markets Authority finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with any applicable legislation, it shall set out its finding ....
3. The agreements, decisions and concerted practices referred to in paragraph 1 may not be put into effect before the lapse of the two-month period referred to in point (b) of the first subparagraph of paragraph 2.
4. Agreements, decisions and concerted practices shall in any case be declared incompatible with any applicable legislation if they:
(a) may lead to the partitioning of markets within the United Kingdom in any form;
(b) may affect the sound operation of the market organisation;
(c) may create distortions of competition which are not essential to achieving the objectives set out in Article 39 TFEU which are pursued by the interbranch organisation activity;
(d) entail the fixing of prices or the fixing of quotas;
(e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.
5. If, following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2, the Competition and Markets Authority finds that the conditions for applying paragraph 1 have not been met, it shall... take a decision declaring that section 2(1) of the Competition Act 1998 applies to the agreement, decision or concerted practice in question.
That decision of the Competition and Markets Authority shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.
6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Competition and Markets Authority may... issue a finding of incompatibility at any time.
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Source: https://www.legislation.gov.uk/eur/2013/1308/article/210 (the official version)
Page: https://openlegislation.uk/eu-regulation-2013-1308/article-210
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.