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Regulation (EU) No 1151/2012 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs

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CHAPTER IU.K.Official controls of protected designations of origin, protected geographical indications and traditional specialities guaranteed

Article 35U.K.Scope

The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.

Article 36U.K. [F1Content of official controls]

F21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F13.Official controls performed in accordance with Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(1) shall cover:]

(a)verification that a product complies with the corresponding product specification; and

(b)monitoring of the use of registered names to describe product placed on the market, in conformity with Article 13 for names registered under Title II and in conformity with Article 24 for names registered under Title III.

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Article 37U.K.Verification of compliance with product specification

[F11.In respect of protected designations of origin, protected geographical indications and traditional specialities guaranteed that designate products originating within the Union, verification of compliance with the product specification, before placing the product on the market, shall be carried out by:

(a)the competent authorities designated in accordance with Article 4 of Regulation [X1(EU) 2017/625]; or

(b)delegated bodies as defined in Article 3(5) of Regulation [X1(EU) 2017/625].]

The costs of such verification of compliance with the specifications may be borne by the operators that are subject to those controls. [F3Nothing in this Regulation prevents the Secretary of State from contributing] to these costs.

2.In respect of designations of origin, geographical indications and traditional specialities guaranteed that designate products originating in [F4Northern Ireland or] a third country, the verification of compliance with the specifications before placing the product on the market shall be carried out by:

(a)one or more of the public authorities designated by the [F5authorities in Northern Ireland or the relevant] third country; and/or

(b)one or more of the product certification bodies.

3.[F2Member States shall make public the name and address of the authorities and bodies referred to paragraph 1 of this Article, and update that information periodically.]

The [F6Secretary of State] shall make public the name and address of the authorities and bodies referred to in paragraph 2 of this Article and update that information periodically [F7, in such manner as appears appropriate to the Secretary of State from time to time].

F84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F2Article 38U.K. [F2Surveillance of the use of the name in the market place]

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Textual Amendments

[F1Article 39U.K. Delegated bodies performing controls in [F9Northern Ireland and] third countries

The delegated bodies performing controls in [F10Northern Ireland or] the third countries referred to in paragraph 2(b) of Article 37 shall be accredited to the relevant harmonised standard for ‘Conformity assessment- Requirements for bodies certifying products, processes and services’. These delegated bodies may be accredited either by a national accreditation body outside the Union, in accordance with Regulation (EC) No 765/2008, or by an accreditation body outside the Union that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.]

Textual Amendments

Article 40U.K.Planning and reporting of control activities

1.[F11The Secretary of State] shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles [F12109(1), 110(2) and 111(2) of Regulation (EU) 2017/625].

2.The annual reports concerning the control of the obligations established by this Regulation shall include a separate section comprising the information laid down in Article [F13113(1) of Regulation (EU) 2017/625].

Textual Amendments

(1)

[F1Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).]

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