The Marketing of Bananas Regulations (Northern Ireland) 2019

PART 1 N.I. Introduction

Citation and commencement N.I.

1.  These Regulations may be cited as the Marketing of Bananas Regulations (Northern Ireland) 2019 and come into operation on 29th March 2019.

Commencement Information

I1 Reg. 1 in operation at 29.3.2019, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“authorised officer” means an officer appointed by the Department for the purposes of these Regulations;

“banana marketing standards” means the marketing standards for bananas laid down in Annex I to the Commission Implementing Regulation;

“bananas” means bananas, intended to be supplied fresh to the consumer after preparation and packaging, which falls within—

(a)

CN code 0803 90 10 as provided for in Part XI of Annex I to the Single CMO Regulation; and

(b)

the description in Article 1 of, and Point I of Annex I to, the Commission Implementing Regulation;

“Commission Implementing Regulation” means Commission Implementing Regulation (EU) No 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector, as amended from time to time;

“container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

“contravention” includes a failure to comply;

“controlled” in relation to bananas, means that the power conferred by regulation 12(1) (stop notice) has been exercised in relation to those bananas and that consent to their movement has been given under regulation 14(1) when the circumstances in regulation 14(2) or (3) apply;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“exit day” has the same meaning as given in section 20 of the European Union (Withdrawal) Act 2018(1);

“inspection body” means a body of a member State responsible for carrying out conformity checks of the Commission Implementing Regulation;

“label” includes any device for conveying information particulars by written characters or symbols, and any characters or symbols stamped or otherwise placed directly on to any bananas or container, and references to the affixing of a label are construed accordingly;

“non-compliance label”, in relation to any bananas, means a label indicating that the bananas do not comply with the banana marketing standards;

“notice” means notice in writing;

“premises” includes any place, vehicle or trailer, stall, vessel, container, moveable structure, aircraft, or hovercraft;

“Single CMO Regulation” means Council Regulation (EC) No 1308/2013 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time;

“stop notice” has the meaning given by regulation 12;

“stop notice label” has the meaning given by regulation 13.

(2) Expressions used in these Regulations which are also used in the Single CMO Regulation or Commission Implementing Regulation have the same meaning as they have in those Regulations.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Interpretation Act (Northern Ireland) 1954(2), except section 20(2) and (3), applies to these Regulations as it applies to an Act of the Assembly.

Textual Amendments

F1 Reg. 2(3) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Commencement Information

I2 Reg. 2 in operation at 29.3.2019, see reg. 1

Designation of Department and exchange of information N.I.

3.—(1) The Department is designated as the competent national authority and inspection body for the purposes of the Commission Implementing Regulation and Article 74 of the Single CMO Regulation in relation to bananas.

(2) For the purposes of fulfilling the obligations, laid down in Article 3 of the Commission Implementing Regulation and in Article 74 of the Single CMO Regulation, on competent national authorities and inspection bodies contained in the banana marketing standards and for the enforcement of these Regulations or the equivalent regulations in England, Scotland or Wales, the Department may, as appropriate or where required to do so, provide information to and request information from—

(a) the competent national authorities and inspection bodies F2 ... in England, Scotland and Wales; F3 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in reg. 3(2)(a) omitted (31.12.2020) by virtue of The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/1101), regs. 1(2)(b), 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 3(2)(b) and word omitted (31.12.2020) by virtue of The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/1101), regs. 1(2)(b), 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 3 in operation at 29.3.2019, see reg. 1

(1)

2018 c.16.

(2)

1954 c.33 (N.I.).