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The Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011

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PART 1Introduction

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011 and come into force on 10th October 2011.

(2) These Regulations extend to Scotland only.

Interpretation

2.—(1) In these Regulations—

“authorised officer” means any person (whether or not an officer of the Scottish Ministers) appointed by the Scottish Ministers in accordance with regulation 3(3);

“bananas” means bananas, intended for supply fresh to the consumer after preparation and packaging, which fall within—

(a)

CN code 0803 00 19(1) as provided for in Part XI of Annex I to Council Regulation 1234/2007; and

(b)

the description in Article 1 of, and Point I of Annex I to, Commission Regulation 2257/94;

“Commission Regulation 2257/94” means Commission Regulation (EC) No 2257/94 laying down quality standards for bananas(2), as amended from time to time;

“Commission Regulation 2898/95” means Commission Regulation (EC) No 2898/95 concerning verification of compliance with quality standards for bananas(3), as amended from time to time;

“container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

“controlled”, in relation to bananas, means that the power conferred by regulation 12(1) (stop notice) has been exercised in relation to those bananas and that the consent to their movement has been given under regulation 14(1) when the circumstances in regulation 14(2) or (3) apply;

“Council Regulation 1234/2007” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(4), as amended from time to time;

EU banana quality standards” means the quality standards for bananas laid down in Commission Regulation 2257/94, and includes the rules relating to those standards contained in Article 113(3) of Council Regulation 1234/2007 and in Commission Regulation 2898/95;

“inspection body” means a body of a Member State responsible for carrying out conformity checks in accordance with Articles 1 and 6 of Commission Regulation 2898/95;

“label” includes any device for conveying information particulars by written characters or other symbols, and any characters or symbols stamped or otherwise placed directly on to any bananas or container, and references to the affixing of a label are construed accordingly;

“non compliance label” means a label indicating that the bananas are not compliant with the EU banana quality standards;

“premises” includes any place, vehicle or trailer, stall, vessel, container, moveable structure, aircraft, or hovercraft; and

“stop notice label” means a label fixed in accordance with regulation 13(1).

(2) Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in Commission Regulation 2257/94, Commission Regulation 2898/95 and Council Regulation 1234/2007.

(3) A reference to anything done “in writing” or produced “in written form” includes a reference to an electronic communication, as defined in section 15 (general interpretation) of the Electronic Communications Act 2000(5), which has been recorded in written form and is capable of being reproduced in that form.

Designations, provision of information and appointment of authorised officers

3.—(1) The Scottish Ministers are designated as the competent national authority and inspection body for the purposes of Commission Regulation 2257/94, Commission Regulation 2898/95 and Article 113(3) of Council Regulation 1234/2007 in relation to bananas.

(2) For the purposes of fulfilling the obligations on competent national authorities and inspection bodies contained in the EU banana quality standards and for the enforcement of these Regulations, the Scottish Ministers may, as appropriate or where required to do so, provide information to and request information from—

(a)the competent national authorities and inspection bodies in other Member States and in England, Northern Ireland and Wales; or

(b)the European Commission.

(3) The Scottish Ministers may appoint authorised officers for the purposes of the enforcement of these Regulations.

(1)

Both Commission Regulation 2257/94 and Commission Regulation 2898/95 refer to bananas falling within CN code ex 0803. Council Regulation (EC) No. 2587/2001 (O.J. No. L 345, 29.12.2001, p.13) amended Council Regulation (EEC) No. 404/93 (O.J. No. L 47, 25.2.1993, p.1) among other things to revise the CN codes for products covered by the common organization of the market for the banana sector, including CN code 0803 00 19 for fresh bananas, excluding plantains. Council Regulation 1234/2007 repealed Council Regulation (EEC) No. 404/93. Part XI of Annex I to Council Regulation 1234/2007 includes CN code 0803 00 19.

(2)

O.J. L 245, 20.9.1994, p.6, as last amended by Commission Regulation (EC) No. 228/2006 (O.J. L 39, 10.2.2006, p.7).

(3)

O.J. L 304, 16.12.1995, p.17, as last amended by Commission Regulation (EC) No. 386/97 (O.J. L 60, 1.3.1997, p.53).

(4)

O.J. L 299, 16.11.2007, p.1, as last amended by Regulation (EU) No. 1234/2010 (O.J. L 346, 30.12.2010, p.11).

(5)

2000 c.7, relevantly amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

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