The Olive Oil (Marketing Standards) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations enforce in the United Kingdom Article 78(1)(g) and (2) of and Part VIII of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ No L 347, 20.12.2013, p671), Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil (OJ No L 12, 14.1.2012, p14) and Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis (OJ No L 248, 5.9.1991, p1) (“the EU Regulations”).

Part 2 sets out the powers of authorised officers. Regulation 4 provides for the appointment of authorised officers. Regulation 5 empowers an authorised officer to serve a compliance notice on any person who has not complied with or is not likely to comply with the EU Regulations. Regulation 6 confers powers of entry on authorised officers for the purposes of the execution and enforcement of these Regulations and the EU Regulations. Regulation 7 sets out the powers of authorised officers when they enter premises.

Part 3 (regulations 8 to 10) sets out the procedures for appealing against a compliance notice. In relation to regulation 8, rule 22(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) sets out the time limit for the receipt of notice of appeal by the First-tier Tribunal (within 28 days of the date on which notice of the act or decision to which the proceedings relate was sent to the appellant).

Part 4 sets out offences and penalties. Under regulation 11(2) a person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Regulation 12 provides for a due diligence defence, regulation 13 for time limits for proceedings and regulations 14 and 15 for offences by, and proceedings against, businesses.

Part 5 contains miscellaneous provisions. Regulation 16 provides for the payment of costs of counter-assessments. Regulation 17 sets out the enforcement authorities for the purposes of these Regulations. Regulation 19 (which applies in England only) requires the Secretary of State to review the operation and effect of these Regulations and publish a report within 5 years of the date of their coming into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should, in relation to England, remain as they are or be revoked or amended. A further instrument would be needed to revoke or amend them.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.gov.uk or from the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR. It is also annexed to the Explanatory Memorandum for these Regulations which is available alongside these Regulations on www.legislation.gov.uk.