Article 222 Application of Article 101(1) TFEU

United Kingdom

F1A1.

This Article does not apply in relation to agricultural producers in England.

F2A2.

This Article does not apply in relation to agricultural producers in Wales.

During periods of severe imbalance in markets, the F4Secretary of State may make regulations to the effect that section 2 of the Competition Act 1998 is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of F5trade within the United Kingdom, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:

(a)

market withdrawal or free distribution of their products;

(b)

transformation and processing;

(c)

storage by private operators;

(d)

joint promotion measures;

(e)

agreements on quality requirements;

(f)

joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the F6United Kingdom or of inputs necessary to address the effects of natural disasters in the United Kingdom;

(g)

temporary planning of production taking into account the specific nature of the production cycle.

F7Regulations made under this paragraph must specify the substantive and geographic scope of the derogation and the period for which the derogation applies.

F82.

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

The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.

However, the F9Secretary of State may make regulations authorising such agreements and decisions for a further period of up to six-months. F10...

Annotations

Textual amendments

F1: Art. 222(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 1; S.I. 2022/1255, reg. 2(a)
F2: Art. 222(A2) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 2; S.I. 2023/1092, art. 2(h)
F3: 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.
F4: Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Art. 222(1)(f) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Art. 222(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F8: Deleted 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.
F9: Words in Art. 222(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F10: Words in Art. 222(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 34(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)