Regulation 8 Amendment of Regulation 543/2011I1

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.

In Article 1(1)—

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

After Article 1(3) M1 insert—

“

4

In this Regulation, ‘constituent nation’ means England, Wales F1or Scotland, 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;

F2(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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 ”.

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

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 ”.

In Article 4(1)—

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

In Article 4(4)—

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

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 M2 ”.

In Article 6(2)—

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 ”.

In Article 7(3)—

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:

F8(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

may be placed on the market until F9the end of the period of 21 months beginning on the day on which IP completion day falls, 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 F10IP completion 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 IP completion 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 IP completion day.”.

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 ”.

In Article 9(1)—

Omit Article 9(2).

In Article 9(4)—

In Article 10(1)—

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

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

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

In Article 10(6)—

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

In Article 11(1)—

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

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

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

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

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

In Article 12(5)—

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

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

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

In Article 17(3)—

In Article 149 omit the second paragraph.

Omit Article 150.

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

In Annex 1—

In the specimen label in Annex 2—

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

In footnote 1 to Annex 4 for “The Commission's approval” substitute “ Approval ”.

In Annex 5—

Omit Annexes 5a and 5b.

Omit Annex 20.