The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019

Amendment of Commission Regulation (EEC) No 2568/91 U.K.

6.—(1) Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis is amended as follows.

(2) In Article 1—

(a) in paragraphs 1 to 7, for “the Annex to Regulation No 136/66/EEC” substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(b) after paragraph 7, insert—

“8.   In this Regulation:

(a) ‘appropriate authority’ means:

(i) the relevant authority, or

(ii) the Secretary of State:

(aa) in relation to Scotland, if consent is given by the Scottish Ministers;

F1 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ‘constituent nation’ means England, Wales [F2 or Scotland], as the case may be;

(c) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State;

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Wales, the Welsh Ministers.”.

(3) In Article 2—

(a) in paragraph 2—

(i) in the first subparagraph—

(aa) omit “by national authorities or their representatives”;

(bb) for “Member States” substitute “ Secretary of State, with the agreement of the relevant authorities for Wales [F4 and Scotland];

(ii) in the second subparagraph, for “by the Member State” substitute “ in accordance with the first subparagraph ”;

(iii) in the third subparagraph, for the first sentence substitute—

“If the panel does not confirm the category declared as regards the organoleptic characteristics then, at the interested party's request, the appropriate authority must ensure that two counter-assessments are carried out without delay by other panels approved in accordance with the first subparagraph.”;

(b) in paragraph 3, in the first subparagraph—

(i) in the first sentence, for “national authorities or their representatives verify” substitute “ appropriate authority verifies ”;

(ii) in the third sentence, for “competent authority of the Member State” substitute “ appropriate authority ”.

(4) In Article 2a—

[F5 (a) in paragraph 1, for the words from “of a relevant” to the end substitute “that is consumed in or exported from Great Britain, or moved from Great Britain into Northern Ireland”;]

(b) in paragraph 2, for “Member States” substitute “ The appropriate authority ”;

[F6 (c) in paragraph 3(e), for “the Union”, in both places it occurs, substitute “Great Britain”;]

(d) in paragraph 4—

(i) in the first subparagraph, for “Member States shall lay down in advance” substitute “ The appropriate authority must ensure there are established ”;

(ii) for the second subparagraph substitute—

“The relevant authorities must jointly ensure that at least one conformity check per thousand tonnes of olive oil marketed in [F7 Great Britain] is carried out per year.”;

(e) in paragraph 5, for “Member States” substitute “ The appropriate authority ”.

(5) In Article 3—

(a) in the first subparagraph, for “Member State concerned shall,” substitute “ appropriate authority must, in accordance with the legislation applying in the constituent nation concerned and ”;

(b) in the second subparagraph, for “Member States” substitute “ the appropriate authority ”.

(6) For Article 4 substitute—

“Article 4 U.K.

1.   The Secretary of State may, with the agreement of the [F8 relevant authorities for Wales and Scotland], approve assessment panels for the purposes of assessing and verifying organoleptic characteristics.

The terms of approval must be set by the Secretary of State, with the agreement of the [F8 relevant authorities for Wales and Scotland], and ensure that:

(a) the requirements of Annex XII.4 are met,

(b) the panel head is given training recognised for this purpose by the Secretary of State, with the agreement of the [F8 relevant authorities for Wales and Scotland],

(c) continued approval depends on performance in annual checks arranged by the relevant authorities jointly.

2.   If there is no approved tasting panel in [F9 Great Britain], the Secretary of State, with the agreement of the [F8 relevant authorities for Wales and Scotland], may call on a tasting panel approved by the International Olive Council.

3.   The relevant authorities must jointly ensure that there is an up-to-date list of any tasting panels set up in [F9 Great Britain] by professional or inter-branch organisations in accordance with the conditions laid down in paragraph 1, and that those conditions are complied with by the panels.”.

(7) In Article 7, for “The Community provisions” substitute “ Retained direct EU legislation ”.

(8) In Article 7a, omit the second sub-paragraph.

(9) Omit Articles 8 and 10.

(10) After Article 10, omit the words from “This Regulation” to “Member States.”.

(11) In Annex 1a—

(a) in paragraph 1.1, for the sentence after Table 1 substitute—

“The number of packs referred to in Table 1 constitute a primary sample. Nothing in this Regulation prevents the appropriate authority from increasing the number of packs according to their own needs (for example organoleptic assessment by a different laboratory from that which performed the chemical analyses, counter-analysis, etc).”;

(b) in paragraph 1.2, in the third subparagraph after Table 2, for the words from “The number” to “State” substitute “ Nothing in this Regulation prevents the appropriate authority from increasing the number of primary samples ”.

Textual Amendments

F1 Words in reg. 6(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(a)(i)

F2 Words in reg. 6(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(a)(ii)

F3 Words in reg. 6(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(a)(iii)

F4 Words in reg. 6(3)(a)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(b)

F5 Reg. 6(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(c)(i)

F6 Reg. 6(4)(c) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(c)(ii)

F7 Words in reg. 6(4)(d)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(c)(iii)

F8 Words in reg. 6(6) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(d)(i)

F9 Words in reg. 6(6) substituted (31.12.2020 immediately before IP completion day) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 14(16)(d)(ii)

Commencement Information

I1 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1