The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019

Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009 U.K.

5.—(1) The Marketing of Fresh Horticultural Produce Regulations 2009 M1 are amended as follows.

(2) In regulation 2(2) for “EU marketing rules”, in both places it occurs, substitute “ marketing rules ”.

(3) In regulation 3(2)—

(a) in the words before sub-paragraph (a), omit “EU”;

(b) in sub-paragraph (a), omit paragraphs (i), (iii) and (v).

(4) In regulation 3(4)—

(a) omit “EU”;

(b) for “(i) to (v)” substitute “ (ii) and (iv) ”.

(5) In regulation 4—

(a) omit “EU”, in each place it occurs (including in the heading);

[F1 (b) in paragraph (8), for “the European Union” substitute “Great Britain”.]

(6) In regulation 7(3)(a) omit paragraph (ii).

(7) In regulation 8(1)(f) and (2) omit “EU”.

(8) In regulation 9(1) omit “EU”.

(9) In regulation 10 omit “EU”, in each place it occurs.

(10) In regulation 11 omit “EU”, in each place it occurs.

(11) In regulation 12(2)(e) omit “EU”.

(12) In regulation 14(3)(a) and (5)(a)(ii) omit “EU”.

(13) In regulation 16(1)(c) omit “EU”, in both places it occurs.

(14) After regulation 23 insert—

“Transitional provisions: withdrawal from the EU

24— (1) Regulation 4 does not apply in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a) relates to a product that was placed on the market [F2 before the end of the period of 21 months beginning on the day on which IP completion day falls], and

(b) would not have constituted a contravention of that Regulation as it applied immediately before [F3 IP completion day].

(2) An authorised officer must not exercise the powers under regulation 11(1) in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a) relates to a product that was placed on the market [F2 before the end of the period of 21 months beginning on the day on which IP completion day falls], and

(b) would not have constituted a contravention of that Regulation as it applied immediately before [F3 IP completion day].”.

(15) In the Schedule for “Member States” substitute “ the [F4 appropriate] authorities ”.

Textual Amendments

F1 Reg. 5(5)(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), 11(6)(a)

F2 Words in reg. 5(14) 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), 11(6)(b)(i)

F3 Words in reg. 5(14) 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), 11(6)(b)(ii)

F4 Word in reg. 5(15) substituted (31.12.2020 immediately before IP completion day) by The Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812), regs. 1, 6(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

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

Marginal Citations

M1 S.I. 2009/1361; relevant amending instruments are S.I. 2011/1043; S.I 2011/2587.