Regulation 5 Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009I1

The Marketing of Fresh Horticultural Produce Regulations 2009 M1 are amended as follows.

In regulation 2(2) for “EU marketing rules”, in both places it occurs, substitute “ marketing rules ”.

In regulation 3(2)—

In regulation 3(4)—

In regulation 4—

In regulation 7(3)(a) omit paragraph (ii).

In regulation 8(1)(f) and (2) omit “EU”.

In regulation 9(1) omit “EU”.

In regulation 10 omit “EU”, in each place it occurs.

In regulation 11 omit “EU”, in each place it occurs.

In regulation 12(2)(e) omit “EU”.

In regulation 14(3)(a) and (5)(a)(ii) omit “EU”.

In regulation 16(1)(c) omit “EU”, in both places it occurs.

After regulation 23 insert—

“Transitional provisions: withdrawal from the EU

24

(1)

Regulation 4 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 F2before the end of the period of 21 months beginning on the day on which IP completion day falls, and

(b)

would not have constituted a contravention of that Regulation as it applied immediately before F3IP completion day.

(2)

An authorised officer must not exercise the powers under regulation 11(1) 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 IP completion day falls, and

(b)

would not have constituted a contravention of that Regulation as it applied immediately before IP completion day.”.

In the Schedule for “Member States” substitute “ the F4appropriate authorities ”.