Citation, commencement, interpretation and extent

1. —(1) These Regulations may be cited as the Fruit and Vegetables Aid Scheme Closure (England) Regulations 2023 and come into force on 25th July 2023.

(2) In these Regulations “ the Commission Delegated Regulation ” means Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors( 2 ).

(3) These Regulations extend to England and Wales.

Modification of Regulation (EU) No 1308/2013 of the European Parliament and of the Council

2. —(1)Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products( 3 ) applies with the following modification to any operational programme of a producer organisation, or association of producer organisations, which has, at the time of the implementation, or proposed implementation, of that programme, its head office located in England (as established by the application of Article 14A or Article 21A of the Commission Delegated Regulation).

(2) For paragraph 1 of Article 33 (operational programmes) substitute—

“ 1. Operational programmes in the fruit and vegetables sector shall have a minimum duration of three years and a maximum duration of seven years. They shall have at least two of the objectives referred to in point (c) of Article 152(1) or two of the following objectives:

(a) planning of production, including production and consumption forecasting and follow-up;

(b) improvement of product quality, whether in a fresh or processed form;

(c) boosting products’ commercial value;

(d) promotion of the products, whether in a fresh or processed form;

(e) environmental measures, particularly those relating to water, and methods of production respecting the environment, including organic farming;

(f) crisis prevention and management.

Operational programmes shall be submitted to the relevant authority for its approval.

The relevant authority must not approve any new operational programme to commence on or after 1 January 2024. ” .

Modification of Commission Delegated Regulation (EU) 2017/891

3. —(1) The Commission Delegated Regulation applies with the following modifications to any operational programme of a producer organisation, or association of producer organisations, which has, at the time of the implementation, or proposed implementation, of that programme, its head office located in England (as established by the application of Article 14A or Article 21A of the Commission Delegated Regulation).

(2) In Article 31(6) (eligibility of actions under operational programmes)—

(a) omit the second sub-paragraph;

(b) in the fourth sub-paragraph, after “paragraph 5”, in the first place it occurs, insert “(including where that period extends beyond the end of the operational programme concerned)” .

(3) In Article 34 (amendments to operational programmes)—

(a) in the first sub-paragraph of paragraph 1, at the end of the first sentence insert “other than amendments to the duration of an operational programme which would result in the programme ending on or after 1 January 2026.” ;

(b) at the end insert—

“ 4. The appropriate authority must not approve any request for an amendment to the duration of an operational programme which would result in the programme ending on or after 1 January 2026. ” .