The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019

PART 5 Fruit and vegetables

Amendment of Regulation 543/2011

8.—(1) Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors is amended as follows.

(2) In Article 1(1)—

(a) for “Regulation 1234/2007”, in the first place it occurs, substitute “Regulation (EU) No 1308/2013”;

(b) for “Article 1(1)(i) of Regulation (EC) No 1234/2007” substitute “Article 1(2)(i) of Regulation (EU) No 1308/2013”.

(3) In Article 1(2) for “Regulation (EC) No 1234/2007” substitute “Regulation (EU) No 1308/2013”.

(4) After Article 1(3)(1) insert—

“4.   In this Regulation, ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be.

5.   For the purposes of this Regulation, ‘appropriate authority’ means:

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

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

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

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

6.   But the appropriate authority is the Secretary of State:

(a) in relation to Scotland, if consent is given by the Scottish Ministers;

(b) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.

(5) In Article 3(1) for “Article 113a(1) of Regulation (EC) No 1234/2007” substitute “Article 76(1) of Regulation (EU) No 1308/2013”.

(6) In Article 3(2) for “Article 113(1)(b) of Regulation (EC) No 1234/2007” substitute “Article 75(1)(b) of Regulation (EU) No 1308/2013”.

(7) In Article 3(3) for “Article 113a(3) of Regulation (EC) No 1234/2007” substitute “Article 76(3) of Regulation (EU) No 1308/2013”.

(8) In Article 4 for “Article 113a(3) of Regulation (EC) No 1234/2007”, in each place it occurs, substitute “Article 76(3) of Regulation (EU) No 1308/2013”.

(9) In Article 4(1)—

(a) in point (c)—

(i) for “taken” substitute “issued before exit day”;

(ii) for the words from “a Member State” to “Regulation (EC) No 1234/2007” substitute “the United Kingdom or a member State”;

(iii) for “that Member State” insert “the requesting country”;

(b) in point (e) for “Article 1(1)(i) and Part IX of Annex I to Regulation (EC) No 1234/2007” substitute “Article 1(2)(i) and Part IX of Annex I to Regulation (EU) No 1308/2013”.

(10) In Article 4(3) for “Member States may exempt” substitute “nothing in this Regulation prevents the appropriate authorities from exempting”.

(11) In Article 4(4)—

(a) for “Member States may exempt” substitute “nothing in this Regulation prevents the appropriate authorities from exempting”;

(b) for “Member States”, in the second place it occurs, substitute “the appropriate authorities”.

(12) In Article 4(7) for “Member State” substitute “relevant constituent nation”.

(13) In Article 5(3) for “Article 2(1) of Directive 97/7/EC of the European Parliament and of the Council” substitute “Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council(2)”.

(14) In Article 6(2)—

(a) for “pre-packaged” substitute “prepacked”;

(b) for “Directive 2000/13/EC of the European Parliament and of the Council” substitute “Article 2(2)(e) of Regulation (EU) No 1169/2011”.

(15) In Article 7(2) for “Article 1(1)(i) of Regulation (EC) No 1234/2007” substitute “Article 1(2)(i) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council”.

(16) In Article 7(3)—

(a) omit “Member State or third”;

(b) omit point (a);

(c) in point (b) for “non-EU” substitute “non-UK”;

(d) in point (c)—

(i) for “EU” substitute “UK”;

(ii) for “non-EU” substitute “non-UK”.

(17) After Article 7(3) insert—

“4.   By way of derogation from paragraph 3, packages of fruit and vegetables in a mix originating in more than one country:

(a) may remain on the market until stocks are exhausted if they were placed on the market before exit day and are labelled in accordance with paragraph 3, as it had effect immediately before exit day;

(b) may be placed on the market until 31 December 2020, and may remain on the market until stocks are exhausted, if:

(i) the mix does not contain any fruit or vegetables originating in the United Kingdom, and the package is labelled in accordance with paragraph 3, as it had effect immediately before exit day, or

(ii) the mix contains fruit and vegetables originating in the United Kingdom and:

(aa) does not contain any fruit or vegetables originating in the EU, and the package is labelled in accordance with paragraph 3(b), as it had effect immediately before exit day, or

(bb) also contains fruit and vegetables originating in the EU (whether or not it also contains fruit and vegetables from any other country), and the package is labelled in accordance with paragraph 3(c), as it had effect immediately before exit day.”.

(18) In Article 8 for “Articles 113 and 113a of Regulation (EC) No 1234/2007” substitute “Articles 75 and 76 of Regulation (EU) No 1308/2013”.

(19) In Article 9(1)—

(a) omit the words before point (a);

(b) in point (a)—

(i) at the beginning insert “The Secretary of State shall designate”;

(ii) after “competent authority” insert “for the United Kingdom”;

(c) in point (b), at the beginning insert “Each appropriate authority shall designate”;

(d) for “Member States” substitute “the Secretary of State or the appropriate authority that designates them (as the case may be)”;

(e) at the end insert—

“The Secretary of State may not designate the coordinating authority referred to in point (a) of the first subparagraph without the consent of—

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

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

(a) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

Nothing in this Regulation affects the validity of any designation of a coordinating authority or inspection body made before exit day.”.

(20) Omit Article 9(2).

(21) In Article 9(4)—

(a) for “Commission” substitute “Secretary of State”;

(b) for “list of the coordinating authorities” substitute “name of the coordinating authority”;

(c) for “Member States” substitute “Secretary of State”;

(d) for “it” substitute “the Secretary of State”.

(22) In Article 10(1)—

(a) for “Member States”, in the first place it occurs, substitute “The appropriate authorities”;

(b) for “Article 113 of Regulation (EC) No 1234/2007” substitute “Article 75 of Regulation (EU) No 1308/2013”;

(c) for “Member States”, in the second place it occurs, substitute “the appropriate authorities”.

(23) In Article 10(2), in the second paragraph, in point (c)—

(a) for “Union” substitute “United Kingdom”;

(b) for “to third countries” substitute “from the United Kingdom”;

(c) for “from third countries” substitute “into the United Kingdom”.

(24) In Article 10(3) for “Member States” substitute “The appropriate authorities”.

(25) In Article 10(4) for “coordinating” substitute “appropriate”.

(26) In Article 10(6)—

(a) for “Member States”, in the first place it occurs, substitute “the appropriate authorities”;

(b) for “Member States”, in the second place it occurs, substitute “The appropriate authorities”.

(27) In the heading of Section 2 omit “carried out by the Member States”.

(28) In Article 11(1)—

(a) in the first subparagraph—

(i) for “Member States” substitute “The appropriate authorities”;

(ii) for “Articles 113 and 113a of Regulation (EC) No 1234/2007” substitute “Articles 75 and 76 of Regulation (EU) No 1308/2013”;

(b) in the third subparagraph, in point (e), for “Union” substitute “United Kingdom”.

(29) In Article 11(2) for “Member States”, in both places it occurs, substitute “The appropriate authorities”.

(30) In Article 11(3) for “Member States” substitute “the appropriate authorities”.

(31) In Article 12(1) for “Member States” substitute “The appropriate authorities”.

(32) In Article 12(3)(a) for “Member States” substitute “appropriate authorities”.

(33) In Article 12(4) for “Member State” substitute “appropriate authority”.

(34) In Article 12(5)—

(a) omit the first subparagraph;

(b) for “22 June 2011” substitute “exit day”.

(35) In Article 13(1) for “the Member State may carry” substitute “that may be carried”.

(36) In Article 13(2) for “Member State concerned” substitute “appropriate authority”.

(37) In Article 17(1) for “Member States” substitute “The appropriate authorities”.

(38) In Article 17(3)—

(a) in the third subparagraph—

(i) for “Member State”, in the first and second places it occurs, substitute “constituent nation”;

(ii) for “Member State”, in the third place it occurs, substitute “inspection body”;

(iii) for “Member States” substitute “inspection bodies”;

(iv) for “Member State”, in the fourth place it occurs, substitute “competent inspection body of the constituent nation”;

(b) in the fifth subparagraph, for “Member States” substitute “the appropriate authorities”.

(39) In Article 149 omit the second paragraph.

(40) Omit Article 150.

(41) After Article 151 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(42) In Annex 1—

(a) in Part A—

(i) in point 4(A), in the second indent, for “Union” substitute “United Kingdom (or, until 31 December 2020, within the United Kingdom or the EU)”;

(ii) in point 4(B)—

(aa) for “a Member State” substitute “the United Kingdom”;

(bb) for “the language of the country of origin” substitute “English”;

(b) in Part B, for “Union”, in each place it occurs, substitute “United Kingdom (or, until 31 December 2020, within the United Kingdom or the EU)”;

(c) in footnotes 14 and 15 for “European Union provision” substitute “legislation”.

(43) In the specimen label in Annex 2—

(a) omit the European Union emblem;

(b) omit “European Union”;

(c) for “Member State” substitute “United Kingdom or UK”.

(44) In Annex 3 for “European Union”, in each place it occurs (including the heading), substitute “United Kingdom”.

(45) In footnote 1 to Annex 4 for “The Commission’s approval” substitute “Approval”.

(46) In Annex 5—

(a) in paragraph 2.3 for “Council Directive 89/396/EEC” substitute “Directive 2011/91/EU of the European Parliament and of the Council(3)”;

(b) in paragraph 2.5—

(i) for “pre-packed foodstuff” substitute “prepacked food”;

(ii) for “European Parliament and Council Directive 2000/13/EC” substitute “Article 2(2)(e) of Regulation (EU) No 1169/2011”.

(47) Omit Annexes 5a and 5b.

(48) Omit Annex 20.

(1)

Paragraph 3, which inserts a definition of “third country”, is inserted by the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/XXX).

(2)

OJ No L 304 22.11.2011, p.64, as last amended by Directive (EU) 2015/2302 of the European Parliament and of the Council (OJ No L 326 11.12.2015, p.1).

(3)

OJ No L 334, 16.12.2011, p.1.