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

Amendment of Regulation 566/2008 U.K.

5.—(1) Commission Regulation (EC) No 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less is amended as follows.

(2) In Article 1 for “Article 113b of Regulation (EC) No 1234/2007” substitute “ Article 78(1)(a) of, and Part I of Annex VII to, Regulation (EU) No 1308/2013 ”.

(3) After Article 2 insert—

“Article 2a U.K. Definition of appropriate authority

1.   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;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 2.   But the appropriate authority is the Secretary of State in relation to Scotland, if consent is given by the Scottish Ministers.”].

(4) In Article 3 for “point II of Annex XIa to Regulation (EC) No 1234/2007” substitute “ point II of Part I of Annex VII to Regulation (EU) No 1308/2013 ”.

(5) In Article 4(1)—

(a) for “point IV of Annex XIa to Regulation (EC) No 1234/2007” substitute “ point IV of Part I of Annex VII to Regulation (EU) No 1308/2013 ”;

(b) for “point II of Annex XIa to that Regulation” substitute “ point II of Part I of Annex VII to that Regulation ”;

(c) for the fifth subparagraph substitute—

“However, nothing in this Regulation prevents the appropriate authorities from determining other positions on each quarter.”.

(6) In Article 4(2) for “point IV of Annex XIa to Regulation (EC) No 1234/2007” substitute “ point IV of Part I of Annex VII to Regulation (EU) No 1308/2013 ”.

(7) Omit Article 4(3).

(8) In Article 5—

(a) for “point VI of Annex XIa to Regulation (EC) No 1234/2007” substitute “ point V of Part I of Annex VII to Regulation (EU) No 1308/2013 ”;

(b) for “point I of Annex XIa to that Regulation” substitute “ point I of Part I of Annex VII to that Regulation ”.

(9) In Article 6(1)—

(a) for “point VII of Annex XIa to Regulation (EC) No 1234/2007” substitute “ point VI of Part I of Annex VII to Regulation (EU) No 1308/2013 ”;

(b) for “point II of Annex XIa to that Regulation” substitute “ point II of Part I of Annex VII to that Regulation ”.

(10) In Article 6(2) for the words from “European Standard EN 45011” to the end substitute “ ISO/IEC 17065 (Requirements for bodies certifying products, processes and services) ”.

(11) In Article 6(3)—

(a) for “Commission”, in the first place it occurs, substitute “ [F3 relevant authority] ”;

(b) omit the second subparagraph.

(12) In Article 6(6)—

(a) for “Regulation (EC) No 1234/2007” substitute “ Regulation (EU) No 1308/2013 ”;

(b) omit “the experts of the Commission,”.

(13) In Article 7(1)—

(a) for “point VIII of Annex XIa to Regulation (EC) No 1234/2007” substitute “ paragraph 5 of point VI of Part I of Annex VII to Regulation (EU) No 1308/2013 ”;

(b) for “point VIII of Annex XIa to that Regulation”, in both places it occurs, substitute “ point VI of Part I of Annex VII to that Regulation ”.

(14) In Article 7(2)—

(a) for “point VIII of Annex XIa to Regulation (EC) No 1234/2007” substitute “ paragraph 5 of point VI of Part I of Annex VII to Regulation (EU) No 1308/2013 ”;

(b) for the words from “European Standard EN 45011” to the end substitute “ ISO/IEC 17065 (Requirements for bodies certifying products, processes and services) ”.

(15) For the heading of Article 8 substitute “ Follow-up measures ”.

(16) Omit Article 8(1).

(17) Omit Article 8(2).

(18) For Article 8(3) substitute—

“3.   Where an appropriate authority has evidence that meat referred to in point I of Part I of Annex VII to Regulation (EU) No 1308/2013 and imported from a third country M1 as referred to in paragraph 5 of point VI of Part I of Annex VII to that Regulation does not comply with requirements laid down in either Regulation (EU) No 1308/2013 or this Regulation, the appropriate authority shall take whatever measures and action are required to solve the non-compliance. In particular, the appropriate authority shall require the removal of the meat concerned from the market until it is re-labelled in conformity with Regulation (EU) No 1308/2013 and this Regulation.”.

(19) Omit Article 9.

(20) After Article 10 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Textual Amendments

F1 Words in reg. 5(3) omitted (31.12.2020 immediately before IP completion day) by virtue of 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), 10(5)(a)(i)

F2 Words in reg. 5(3) 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), 10(5)(a)(ii)

F3 Words in reg. 5(11) 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), 10(5)(b)

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 A definition of “third country” is inserted into Regulation (EC) 566/2008 by The Common Organisation of Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/XXX).