The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019
2019 No. 822
Exiting The European Union
Agriculture
Food
The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019
Made 4th April 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
There has been consultation through representative bodies, as required by Article 9 of Regulation (EC) No 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety2, during the preparation and evaluation of these Regulations so far as they relate to food.
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introductory
Citation and commencement
1. These Regulations may be cited as the Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.
PART 2
Bananas
Amendment of Regulation 1333/2011
2.—(1) Commission Implementing Regulation (EU) No 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector is amended as follows.
(2) In Article 1, in the second paragraph, for the words from “, to bananas originating in the Union” to the end substitute “in the United Kingdom.”.
(3) In Article 2, in point (a), omit “originating in third countries or other regions of the Union and”.
(4) After Article 2 insert:
“Article 2a.—(1) For the purposes of this Regulation, ‘third country’ means any country or territory other than:
(a)
(a) the United Kingdom;
(b)
(b) the Bailiwick of Jersey;
(c)
(c) the Bailiwick of Guernsey;
(d)
(d) the Isle of Man.
(2) For the purposes of this Regulation, ‘appropriate authority’ means:
(a)
(a) in relation to England, the Secretary of State;
(b)
(b) in relation to Wales, the Welsh Ministers;
(c)
(c) in relation to Scotland, the Scottish Ministers;
(d)
(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
(3) But the appropriate authority is the Secretary of State:
(a)
(a) in relation to Scotland, if consent is given by the Scottish Ministers;
(b)
(b) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.
(5) In Article 3 for “Member States” substitute “The appropriate authorities”.
(6) Omit Article 4.
(7) In Article 5—
(a)
(a) for “Union”, in the first place it occurs, substitute “United Kingdom”;
(b)
(b) omit “in the Member State of first unloading in the Union”.
(8) In Article 6(2)—
(a)
(a) for “Union” substitute “United Kingdom”;
(b)
(b) omit “, as regards products imported from third countries,”.
(9) In Article 6(3) for “Union” substitute “United Kingdom”.
(10) In Article 7—
(a)
(a) omit the words from “the place” to “harvested in the Union,”;
(b)
(b) for “Union”, in the second place it occurs, substitute “United Kingdom”;
(c)
(c) omit “or from Union regions of production”;
(d)
(d) for “Union”, in the last place it occurs, substitute “United Kingdom”.
(11) In Article 8 omit “national”, in each place it occurs.
(12) In Article 9(1) omit “bananas harvested in the Union or”.
(13) In Article 9(2)—
(a)
(a) in the first paragraph—
(i) in the first sentence, for the words from “national authorities” to the end substitute “authorities”;
(ii) in the third sentence, for the words from “Union market” to the end substitute “United Kingdom market”;
(b)
(b) in the third paragraph, for “Member States” substitute “The appropriate authorities”.
(14) In Article 9(3) omit “of the Member States”.
(15) In Chapter 3, for the heading substitute “FINAL PROVISIONS”.
(16) After Article 13 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
(17) In Annex 1—
(a)
(a) in point 3—
(i) omit the words from “produced in” to “Cyprus”;
(ii) for “Union” substitute “United Kingdom”;
(b)
(b) in point 5, in paragraph C, omit the last sentence;
(c)
(c) in point 6, in paragraph C, omit the words from “and, in the case” to the end.
(18) In Annex 2—
(a)
(a) in the box in the top right corner, for “EU No” substitute “Ref No”;
(b)
(b) in box 5, for “destiantion” substitute “destination”.
(19) In Annex 4, in the heading, for “Union” substitute “United Kingdom”.
PART 3
Beef and veal
Amendment of Regulation 1760/2000
3.—(1) Regulation (EC) No 1760/2000of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products is amended as follows.
(2) In Article 11 for “Community legislation” substitute “retained EU law”.
(3) In Article 12 after point (6) insert—
“7 ‘third country’ means any country or territory other than:
(a) the United Kingdom;
(b) the Bailiwick of Jersey;
(c) the Bailiwick of Guernsey;
(d) the Isle of Man.”.
(4) In the heading of Section 1 omit “Community”.
(5) In Article 13(1) for “Community” substitute “United Kingdom”.
(6) In Article 13(2) omit “Member State or third”, in each place it occurs.
(7) In Article 13(5)—
(a)
(a) in points (a)(i) and (iii) omit “Member State or third”;
(b)
(b) in point (a)(ii) omit “Member States or third”;
(c)
(c) in point (b) for the words from “slaughtered:” to the end substitute “slaughtered in the same country, the indication may be given as ‘Origin: (name of country)’”.
(8) Omit Article 13(6).
(9) In Article 14—
(a)
(a) omit “Member State or third”;
(b)
(b) for “State”, in both places it occurs, substitute “country”;
(c)
(c) for “States” substitute “countries”;
(d)
(d) omit the fourth paragraph.
(10) In Article 15—
(a)
(a) for “Union” substitute “United Kingdom from a third country”;
(b)
(b) for “EU” substitute “UK”.
(11) After Article 15 insert—
“Transitional provisions
Article 15za. By way of derogation from Article 15, beef to which that Article applies that is labelled in accordance with that Article, as it had effect immediately before exit day, may be placed on the market until 31 December 2020, and may remain on the market until stocks are exhausted.”.
(12) In Article 15a—
(a)
(a) for “horizontal” substitute “applicable”;
(b)
(b) after “Article 22” insert “and any other measures adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation”;
(c)
(c) omit the fourth paragraph.
(13) Before Article 22 insert—
“Article a22.—(1) For the purposes of this Regulation, ‘appropriate Minister’ means:
(a)
(a) in relation to England, the Secretary of State;
(b)
(b) in relation to Wales, the Welsh Ministers;
(c)
(c) in relation to Scotland, the Scottish Ministers;
(d)
(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
(2) For the purposes of this Regulation, ‘appropriate authority’ means:
(a)
(a) in relation to England, the Secretary of State;
(b)
(b) in relation to Wales, the Welsh Ministers;
(c)
(c) in relation to Scotland, the Scottish Ministers;
(d)
(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
(3) But the appropriate authority is the Secretary of State:
(a)
(a) in relation to Scotland, if consent is given by the Scottish Ministers;
(b)
(b) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.
(14) In Article 22(1)—
(a)
(a) omit the first, second and third subparagraphs;
(b)
(b) in the fifth subparagraph, omit “referred to in the second subparagraph”;
(c)
(c) omit the seventh subparagraph.
(15) In Article 22(2)—
(a)
(a) for “paragraph 1” substitute “any other measures adopted by the appropriate Ministers to ensure compliance with the provisions of this Regulation”;
(b)
(b) in point (g) for “Member States” substitute “the appropriate Minister”.
(16) In Article 22(3)—
(a)
(a) for “paragraph 1”, in the first place it occurs, substitute “any other measures adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation”;
(b)
(b) for “Member States”, in both places it occurs, substitute “the appropriate authorities”;
(c)
(c) for “referred to in paragraph 1” substitute “adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation”;
(d)
(d) in point (a)(i), for “Union” substitute “United Kingdom”.
(17) Omit Article 22(4) and (5).
(18) For Article 22a substitute—
“Competent authorities
Article 22a.—(1) The appropriate Ministers shall designate the competent authority or authorities responsible for compliance with Title I, Title III insofar as that Title relates to identification and registration of live animals, and any legislation made on the basis thereof. They shall inform the other appropriate Ministers of the identity of those authorities.
(2) The appropriate authorities shall designate the competent authority or authorities responsible for compliance with Title II, Title III insofar as that Title relates to labelling of beef and beef products, and any legislation made on the basis thereof. They shall inform the other appropriate authorities of the identity of that competent authority or those competent authorities.”.
(19) Omit Articles 22b, 23 and 23a.
(20) After Article 25 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
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