28As a preliminary observation, it must be noted that, under the common agricultural policy, which, in accordance with Article 4(2)(d) TFEU, is a competence shared between the European Union and the Member States, the Member States have legislative powers which allow them, as is apparent from Article 2(2) TFEU, to exercise their competence to the extent that the European Union has not exercised its competence (judgment of 19 September 2013, Panellinios Sindesmos Viomikhanion Metapoiisis Kapnou, C‑373/11, EU:C:2013:567, paragraph 26).
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