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The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011

S.I. 2011/2587 · Made 26 October 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Horticulture

Made 26th October 2011

Laid before Parliament 1st November 2011

Coming into force 1st December 2011

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in that section of that Act and it appears to the Secretary of State that it is expedient for references to provisions of Commission Implementing Regulation (EU) No 543/2011f3 in the instrument which these Regulations amend to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972f4.

Annotations to the whole text

Footnotes

f1

S.I. 1972/1811.

f2

1972 c.68.

f3

OJ No L 157, 15.6.2011, p.1, as last amended by Commission Implementing Regulation (EU) No 898/2011 (OJ No L 231, 8.9.2011, p.11).

f4

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

Contents

  1. 1Title, commencement, extent and application
  2. 2Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009
  3. 3Amendment of regulation 2
  4. 4Amendment of regulation 3
  5. 5Amendment of regulation 4
  6. 6Amendment of regulation 8
  7. 7Insertion of Part 7
  8. 8Substitution of the Schedule
  9. Signature
  10. Explanatory note

1Title, commencement, extent and application

(1)

These Regulations may be cited as the Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 and come into force on 1st December 2011.

(2)

This regulation and regulations 2, 3(a) and (c) and 4(a), (b) and (c) extend to the United Kingdom.

(3)

Otherwise, these Regulations apply in relation to England only.

2Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009

The Marketing of Fresh Horticultural Produce Regulations 2009f1 are amended as follows.

3Amendment of regulation 2

In regulation 2—

(a)

in paragraph (1), for the definition of “Commission Regulation 1580/2007” substitute—

  • ““Commission Implementing Regulation 543/2011” means 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, as amended from time to time.”;

(b)

in paragraph (2)—

(i)

in the definition of “EU marketing rules”f1, for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”,

(ii)

in the definition of “general marketing standard”, for “Article 2a(1) and Part A of Annex I to Commission Regulation 1580/2007” substitute “Article 3(1) and Part A of Annex I to Commission Implementing Regulation 543/2011”,

(iii)

in the definition of “specific marketing standards”, for “Article 2a(2) and Part B of Annex I to Commission Regulation 1580/2007” substitute “Article 3(2) and Part B of Annex I to Commission Implementing Regulation 543/2011”; and

(c)

in paragraph (3), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.

4Amendment of regulation 3

In regulation 3—

(a)

in paragraphs (1) and (2)(a)(i), for “Article 8(1)(a) of Commission Regulation 1580/2007” substitute “Article 9(1)(a) of Commission Implementing Regulation 543/2011”;

(b)

in paragraph (2)(a)(ii) and (iii) and in the introductory words of paragraph (2)(b), for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”;

(c)

in paragraph (2)(b)(i), for “Article 9 of Commission Regulation 1580/2007” substitute “Article 10 of Commission Implementing Regulation 543/2011”; and

(d)

in paragraph (3), for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”.

5Amendment of regulation 4

In regulation 4(3), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.

6Amendment of regulation 8

In regulation 8(2), for “Annex VI to Commission Regulation 1580/2007” substitute “Annex V to Commission Implementing Regulation 543/2011”.

7Insertion of Part 7

After Part 6 insert—

“PART 7

Review

23.
(1)

Before the end of each review period, the Secretary of State must—

(a)

carry out a review of these Regulations,

(b)

set out the conclusions of the review in a report, and

(c)

publish the report.

(2)

The report must in particular—

(a)

set out the objectives intended to be achieved by these Regulations,

(b)

assess the extent to which the objectives have been achieved, and

(c)

assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(3)

The first review period is the period of five years beginning on 1st December 2011.

(4)

Each subsequent review period is a period of five years beginning with the date on which the report of the preceding review was published.”.

8Substitution of the Schedule

For the Schedule substitute the following—

“SCHEDULE

Provisions of Commission Implementing Regulation 543/2011

Regulation 4(3)

Column 1

Relevant provision of Commission Implementing Regulation 543/2011

Column 2

Provision of Commission Implementing Regulation 543/2011 to be read with the provision in column 1

Column 3

Subject matter
Article 5(1)Annex I, Art 4(3), Art 5(2) to (4), Art 6, Art 7General requirement for information particulars
Article 5(2)Annex I, Art 5(1), (3) and (4), Art 7Requirements for information particulars in documents accompanying bulk shipments and goods loaded directly onto a means of transport
Article 5(3)Annex I, Art 5(1) and (4), Art 7Requirement for information particulars in the case of distance contracts to be available before the purchase is concluded
Article 5(4)Annex I, Art 5(1) to (3), Art 7Requirement for information particulars on invoices and accompanying documents
Article 6Annex I, Art 4(3), Art 7Requirement for information particulars at the retail stage
Article 7(1)Annex I, Art 4(3), Art 6, Art 7(2) and (3)Requirements for sale of mixes of different types of fruit and vegetables
Article 10(6)Art 10(1) to (5)Requirement for traders to provide information that Member States consider necessary for the database
Article 11(4)Art 11(1) to (3), Art 12, Art 14 and Annex III, Art 15Requirement for traders to provide inspection bodies with all information required by them for organising and carrying out conformity checks
Article 17(3), final sub-paragraphArt 10, Art 17(1), (2) and the rest of (3), Annex VRequirement for traders to supply all information deemed necessary by the inspection body for method of inspection.

”.

Signature

Jim Paice

Minister of State

Department for Environment, Food and Rural Affairs

26th October 2011

Explanatory note

(This note is not part of the Regulations)

These Regulations implement 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 (OJ No L 157, 15.6.2011, p.1) in England and partially implement that EU Regulation for the rest of the United Kingdom.

The EU Regulation consolidates Regulation (EC) No 1580/2007 (OJ No L 350, 31.12.2007, p.1) and its amendments, and these Regulations amend the Marketing of Fresh Horticultural Produce Regulations 2009 (S.I. 2009/1361) to update the necessary references. They also insert a provision into those Regulations requiring the Secretary of State to review them as they apply in England at least every five years.

An impact assessment for this instrument has not been produced as no impact on the private, voluntary or public sectors is foreseen.