The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019

PART 4 U.K. Organics Amendments

Amendment of Council Regulation (EC) No 834/2007 U.K.

66.  Council Regulation (EC) No 834/2007 on organic production and labelling of organic products is amended in accordance with regulations 67 to 88.

Commencement Information

I1 Reg. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

67.  In Article 2, after point (cc) M1 insert—

“(dd) ‘appropriate authority’ has the meaning given in Article 38a.”.

Commencement Information

I2 Reg. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Marginal Citations

M1 Point (cc) was added by the Organic Production and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/693).

68.  In Article 9(4)—

(a) for “Commission shall decide on” substitute “ appropriate authority may by regulations impose ”;

(b) omit the words from “in accordance” to the end.

Commencement Information

I3 Reg. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

69.  In Article 12(3), for the words from “shall be” to the end substitute “ may be adopted by the appropriate authority by regulations ”.

Commencement Information

I4 Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

70.  In Article 13(3), for the words from “shall be” to the end substitute “ may be adopted by the appropriate authority by regulations ”.

Commencement Information

I5 Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

71.  In Article 14(2), for the words from “shall be” to the end substitute “ may be adopted by the appropriate authority by regulations ”.

Commencement Information

I6 Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

72.  In Article 15(2), for the words from “shall be” to the end substitute “ may be adopted by the appropriate authority by regulations ”.

Commencement Information

I7 Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

73.  In Article 16—

(a) in paragraph 1, in the first subparagraph, for the words from “Commission shall” to “Article 37(2)” substitute “ appropriate authority may, by regulations ”;

(b) in paragraph 3—

(i) in point (a), for the words from “Commission may” to “Article 37(2)” substitute “ appropriate authority may, by regulations ”;

(ii) omit point (b);

(iii) in point (c), for the last sentence substitute “ The appropriate authority may, by regulations, withdraw such products or substances. ”.

Commencement Information

I8 Reg. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

74.  In Article 17(2), for the words from “in accordance” to the end substitute “ by the appropriate authority, by regulations ”.

Commencement Information

I9 Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

75.  In Article 18(5), for the words from “in accordance” to the end substitute “ by the appropriate authority by regulations ”.

Commencement Information

I10 Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

76.  In Article 19(3), in the second subparagraph—

(a) omit “by Member States”;

(b) for the words from “in accordance” to the end substitute “ by the appropriate authority by regulations ”.

Commencement Information

I11 Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

77.  In Article 20(3), for the words from “in accordance” to the end substitute “ by the appropriate authority by regulations ”.

Commencement Information

I12 Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

78.  In Article 21(2)—

(a) in the first subparagraph, for the words from “Commission shall” to “Article 37(2)” substitute “ appropriate authority may, by regulations ”;

(b) in the fourth subparagraph, for the words “Commission may” to the end of the paragraph substitute “ appropriate authority may, by regulations, withdraw such products or substances. ”.

Commencement Information

I13 Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

79.  In Article 22—

(a) in paragraph 1, for the words from “Commission may” to “Article 37(2) and” substitute “ appropriate authority may, by regulations and in accordance with ”;

(b) in paragraph 3, for the words from “Commission may” to “Article 37(2)” substitute “ appropriate authority may, by regulations, ”.

Commencement Information

I14 Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

80.  In Article 23 omit paragraphs 5 and 6.

Commencement Information

I15 Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

81.  In Article 24(3), for the words from “Commission shall” to “Article 37(2)” substitute “ appropriate authority may, by regulations ”.

Commencement Information

I16 Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

82.  In Article 25(3)—

(a) for the words from “Commission shall” to “Article 37(2)” substitute “ appropriate authority may, by regulations ”;

(b) for “the Community logo” substitute “ any organic production logo ”.

Commencement Information

I17 Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

83.  In Article 26, for the words from “Commission shall” to “Article 37(2)” substitute “ appropriate authority may, by regulations ”.

Commencement Information

I18 Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

84.  In Article 27(2), for the words from “shall comprise” to the end substitute “ must apply such precautionary and control measures as the appropriate authority may specify in regulations ”.

Commencement Information

I19 Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

85.  In Article 28(6), for the words from “Commission, in” to “implementing” substitute “ appropriate authority may, by regulations, prescribe ”.

Commencement Information

I20 Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

86.  In Article 30(2), in the third subparagraph, for the words from “Commission may” to “Article 37(2),” substitute “ appropriate authority may, by regulations ”.

Commencement Information

I21 Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

87.  In Article 38, for the first sentence substitute—

“In relation to points (a) to (c) below, the appropriate authority may, by regulations, lay down detailed rules for the application of this Regulation.”.

Commencement Information

I22 Reg. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

88.  After Article 38 insert—

“Article 38a U.K. Regulations

1.   This Article applies in relation to any power conferred by this Regulation on the appropriate authority to make provision by regulations.

2.   The appropriate authority is—

(a) for regulations applying in relation to England, the Secretary of State;

(b) for regulations applying in relation to Wales, the Welsh Ministers;

(c) for regulations applying in relation to Scotland, the Scottish Ministers;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.   But the appropriate authority is the Secretary of State if consent is given by—

(a) for regulations applying in relation to Wales, the Welsh Ministers;

(b) for regulations applying in relation to Scotland, the Scottish Ministers;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 38b U.K. Regulations procedure

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M2 .

F2 3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

F2 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

9.   Before making any regulations under this Regulation, an appropriate authority must consult—

(a) such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the appropriate authority may consider appropriate.”.

Textual Amendments

F1 Words in reg. 88 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), 12(13)(a)

F2 Words in reg. 88 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), 12(13)(b)

Commencement Information

I23 Reg. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)(a)

Marginal Citations

M2 2010 asp 10.