The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

PART 6 Amendment of Horticulture Provisions

Amendment of the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010

10.—(1) The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010(1) are amended as follows.

(2) In regulation 2(1) for “Community marketing rules”, in each place it occurs, substitute “marketing rules”.

(3) In regulation 3(2)—

(a) omit “Community”;

(b) omit “or the European Commission”.

(4) In regulation 5 omit “Community”, in both places it occurs.

(5) In regulation 6(1) omit “Community”.

(6) In regulation 7 omit “Community”, in each place it occurs.

(7) In regulation 8 omit “Community”, in each place it occurs.

(8) In regulation 9 omit “Community”, in each place it occurs.

(9) In regulation 10(2)(e) omit “Community”.

(10) In regulation 13 omit “Community”, in both places it occurs.

(11) In regulation 15—

(a) in the heading, for “Community marketing rules offences”, substitute “Marketing rules offences”;

(b) omit “Community”, in each place it occurs;

(c) in paragraph (8), for “European Union” substitute “United Kingdom”.

(12) in regulation 18 omit “Community”, in both places it occurs.

(13) After regulation 24 insert—

“Transitional provisions: withdrawal from the EU

25.— (1) Regulation 17 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 before the end of the period of 21 months beginning on the day on which exit day falls, and

(a) would not have constituted a contravention of that Regulation as it applied immediately before exit day.

(2) An authorised officer must not exercise the powers under regulation 6 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 before the end of the period of 21 months beginning on the day on which exit day falls, and

(a) would not have constituted a contravention of that Regulation as it applied immediately before exit day.”.

(14) In Schedule 1 in Part 1, omit “Community”.

Amendment of the Marketing of Bananas Regulations (Northern Ireland) 2019

11.—(1) The Marketing of Bananas Regulations (Northern Ireland) 2019(2) are amended as follows.

(2) In regulation 3(2)—

(a) in sub-paragraph (a), omit “in other member States and”;

(b) omit sub-paragraph (b) and the preceding “or”.

(3) In regulation 4(6), for “European Union” substitute “United Kingdom”.

(1)

S.R. 2010 No.198 as amended by S.R.2012 No.299 regulation 3(a)(ii) and S.R. 2014 No.92 regulation 7(2)(a)(i).

(2)

S.R. 2019 No.66.