The Organic Production and Control (Amendment) (EU Exit) Regulations 2019

Council Regulation (EC) No 834/2007 on organic production and labelling of organic products U.K.

2.—(1) Council Regulation (EC) No 834/2007 on organic production and labelling of organic products is amended as follows.

(2) In Article 1—

(a) in the second subparagraph of paragraph 3—

(i) for the words “Member States” to “thereof” substitute “ The relevant authority may apply, in the absence of legislation, ”;

(ii) omit the words “,in so far” to the end;

(b) in paragraph 4—

(i) omit “community provisions or national”;

(ii) for “Community law” substitute “ retained EU law ”.

(3) In Article 2—

(a) in point (l), for the words from “Article” to the end substitute “ Article 2(2)(e) of Regulation (EU) No 1169/2011 ”;

[F1 (b) in point (n), omit “of a Member State”;]

[F2 (c) in point (o), omit “of a Member State”;]

(d) in point (r), for “Article 6(4) of Directive 2000/13/EC” substitute “ Article 2(2)(f) of Regulation (EU) No 1169/2011 ”;

(e) in point (s), for the words from “Council” to the end of the paragraph substitute “ Regulation (EC) No 1107/2009 ”;

(f) after point (aa) insert—

“(bb) ‘third country’ means any country or territory other than:

(i) the United Kingdom,

(ii) the Bailiwick of Guernsey,

(iii) the Bailiwick of Jersey, or

(iv) the Isle of Man;

(cc) ‘relevant authority’ means:

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

(ii) in relation to Wales, the Welsh Ministers;

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

F3 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(4) In Article 5—

(a) in point (o) omit the words from “of fisheries as” to “Fisheries Policy”;

(b) after point (o) insert—

“In this paragraph, “sustainable exploitation” means the exploitation of a stock in such a way that does not prejudice the future exploitation of the stock and does not have a negative impact on marine eco-systems.”.

(5) In Article 11, in the second subparagraph, omit the words from “in accordance” to “Article 37(2),”.

(6) In Article 14(1)—

(a) in subparagraph (b)(iii) for “Community legislation” substitute “ retained EU law ”;

(b) in subparagraph (e)(iv) for “Community legislation” substitute “ retained EU law ”.

(7) In Article 15(1)(f)(iv), for “Community legislation” substitute “ retained EU law ”.

(8) In Article 16—

[F4 (a) in paragraph 1, in the second subparagraph, for the words from “the Member States” to the end substitute “Great Britain”;]

(b) in paragraph 4—

(i) for “Member States may regulate, within their territory,” substitute “ Nothing in this Regulation prevents the relevant authority from using any power the authority has to regulate ”;

(ii) omit the words from “, and in so far” to the end.

(9) In Article 19(2)(c) omit “by a Member State”.

(10) In Article 21—

(a) in paragraph 1 (ii), for “the Community legislation” substitute “ retained EU law ”;

(b) omit the second and third subparagraphs of paragraph 2.

(11) In Article 22(2)(h), for “Community law or national law” substitute “ retained EU law ”.

(12) In Article 23—

(a) in paragraph 1 omit the words from “throughout” to “language”;

(b) in paragraph 2 omit the words from “anywhere” to “language”;

(c) in paragraph 3, for “Community provisions” substitute “ retained EU law ”.

(13) In Article 27—

(a) in paragraph 1, for “Member States shall set up” substitute “ The relevant authority must maintain ”;

(b) in paragraph 4(b), for “Member States” substitute “ relevant authority ”;

(c) in paragraph 5(c)—

(i) for “notified” substitute “ published ”;

(ii) for the words from “, by” to “45011 or” substitute “ of ”;

(iii) for “authorities” substitute “ authority ”;

(d) in paragraph 7(b), for “Commission” substitute “ appropriate authority ”;

(e) in paragraph 10, for “Member States” substitute “ The relevant authority ”;

(f) in paragraph 13, for the words from “Member States” to “allows for” substitute “ The control system as set up must ensure ”.

(14) In Article 28—

(a) in paragraph 1(a), for the words from “authorities” to the end substitute “ authority ”;

(b) in paragraph 2, for “Member States may exempt” substitute “ Nothing in this Regulation prevents the relevant authority from using any power the authority has to exempt ”;

(c) in paragraph 3, for “Member States” substitute “ The relevant authority ”;

(d) in paragraph 4, for “Member States” substitute “ The relevant authority ”.

(15) For Article 29(3) substitute—

“(3) The form of documentary evidence referred to in paragraph 1 may be drawn up or amended by the relevant authority, taking into account the advantages of electronic certification.”.

(16) In Article 30—

(a) in paragraph 1, in the second subparagraph omit “of the Member State”;

(b) in paragraph 2, in the first subparagraph, for the words from “, competent authorities” to the end substitute “ and the competent authority ”.

(17) Omit Articles 34 to 37.

(18) Omit Article 38, point (e).

(19) Omit Articles 39 to 41.

(20) In Article 42—

(a) for the heading substitute “ Miscellaneous application ”;

(b) omit the first subparagraph;

(c) in the second subparagraph omit the second sentence;

(d) omit the third and fourth subparagraphs.

(21) After Article 42, omit the words from “This Regulation” to “Member States”.

(22) In the Annex omit the listed terms other than “EN: organic”.

Textual Amendments

F1 Reg. 2(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1400), regs. 1(b), 3(2)(a)(i)

F2 Reg. 2(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1400), regs. 1(b), 3(2)(a)(ii)

F3 Words in reg. 2(3)(f) omitted (31.12.2020 immediately before IP completion day) by virtue of The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1400), regs. 1(b), 3(2)(a)(iii)

F4 Reg. 2(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1400), regs. 1(b), 3(2)(b)

Commencement Information

I1 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)