Commission Implementing Regulation (EU) No 1333/2011Dangos y teitl llawn

CHAPTER 2 U.K. VERIFICATION OF COMPLIANCE WITH MARKETING STANDARDS

Article 3 U.K.

[F1 The appropriate authorities] shall carry out checks in accordance with this Chapter to verify that bananas falling within CN code 0803 00 excluding plantains, fig bananas and bananas intended for processing conform with the marketing standards referred to in Article 1.

Textual Amendments

F1 Words in Art. 3 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(5); 2020 c. 1, Sch. 5 para. 1(1)

F2 Article 4 U.K.

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

Textual Amendments

F2 Art. 4 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

Before release for free circulation in [F3 Great Britain], bananas imported from third countries shall be subject to checks on their conformity with the marketing standards referred to in Article 1 F4 ..., subject to Article 9.

Textual Amendments

F3 Words in Art. 5 substituted (31.12.2020) by S.I. 2019/822, reg. 2(7)(a) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 5 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K.

1. The conformity checks shall be carried out in accordance with Article 17 of Implementing Regulation (EU) No 543/2011.

2. For products which, for technical reasons, cannot be checked for conformity upon first unloading in [F5 Great Britain], checks shall be carried out subsequently, at the latest on arrival at the ripening depot and in any case F6 ... before release for free circulation.

3. On completion of the conformity check, a certificate drawn up in accordance with Annex II shall be issued for products whose compliance with the standard has been ascertained.

The inspection certificate issued for bananas originating in third countries shall be presented to the customs authorities for release of those products for free circulation in [F7 Great Britain].

4. In the event on non-compliance, point 2.7 of Annex V to Implementing Regulation (EU) No 543/2011 shall apply.

5. Where the competent body has not inspected certain products, it shall place its official stamp on the notification provided for in Article 7 or, failing that, in the case of imported products it shall duly inform the customs authorities by any other appropriate means.

6. Traders shall provide all the facilities required by the competent body for carrying out verifications pursuant to this Chapter.

Textual Amendments

F5 Words in Art. 6(2) substituted (31.12.2020) by S.I. 2019/822, reg. 2(8)(a) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(2)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 6(2) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 6(3) substituted (31.12.2020) by S.I. 2019/822, reg. 2(9) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K.

The traders concerned or their representatives, who do not qualify for the exemption provided for in Article 9, shall provide the competent body in good time with all the information necessary for identification of the lots and detailed information on F8 ... the planned place and date of unloading in [F9 Great Britain] for bananas from third countries F10 ... and deliveries to ripening depots for bananas which cannot be checked when they are first unloaded in [F11 Great Britain].

Textual Amendments

F8 Words in Art. 7 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 7 substituted (31.12.2020) by S.I. 2019/822, reg. 2(10)(b) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(2)(f)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 7 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 7 substituted (31.12.2020) by S.I. 2019/822, reg. 2(10)(d) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(2)(f)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K.

1. Conformity checks shall be carried out by the departments or bodies designated by the competent F12 ... authorities. Such departments or bodies must present suitable guarantees for carrying out such checks, in particular as regards equipment, training and experience.

2. The competent F12 ... authorities may delegate responsibility for carrying out conformity checks to private bodies approved for that purpose which:

(a) have inspectors who have followed a training course recognised by the competent F12 ... authorities;

(b) have the equipment and facilities necessary for carrying out the verifications and analyses required for the checks; and

(c) have adequate facilities for communicating information.

3. The competent F12 ... authorities shall periodically check the execution and efficiency of conformity checks. They shall withdraw approval where they find anomalies or irregularities which could affect the correct execution of conformity checks or where the requirements are no longer met.

Textual Amendments

F12 Word in Art. 8 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K.

1. Traders marketing F13 ... bananas imported from third countries shall not be subject to the checks on conformity with marketing standards at the stages referred to in Articles 4 and 5 where they:

(a) have staff experienced in marketing standards and handling and inspection facilities;

(b) keep records of the operations they carry out; and

(c) present guarantees that the quality of bananas they market conforms with the marketing standards referred to in Article 1.

Traders exempted from checks shall obtain a certificate of exemption in accordance with the specimen shown in Annex III.

2. Exemption from checks shall be granted, at the request of the trader concerned, by the inspection departments or bodies appointed by the competent [F14 authorities]. Exemption from checks shall be granted for a maximum period of three years and shall be renewable. Such exemption shall apply to the whole of [F15 Great Britain’s market].

Those departments or bodies shall withdraw the exemption where they detect anomalies or irregularities which could affect the conformity of bananas with the marketing standards referred to in Article 1 or where the conditions set out in paragraph 1 are no longer met. Withdrawal shall be either temporary or permanent, according to the gravity of the deficiencies detected.

[F16 The appropriate authorities] shall establish a register of banana traders exempted from checks, allocate them a registration number and take appropriate steps to disseminate such information.

3. The competent departments or bodies of the F17 ... shall periodically verify the quality of bananas marketed by the traders referred to in paragraph 1 and compliance with the conditions set out therein. Exempted traders shall also provide all the facilities required for carrying out such verifications.

F18 . . .

Textual Amendments

F13 Words in Art. 9(1) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(12); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in Art. 9(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(13)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 9(2) substituted (31.12.2020) by S.I. 2019/822, reg. 2(13)(a)(ii) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(2)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 9(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 9(3) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 2(14); 2020 c. 1, Sch. 5 para. 1(1)

F18 Deleted by Commission Implementing Regulation (EU) No 565/2013 of 18 June 2013 amending Regulations (EC) No 1731/2006, (EC) No 273/2008, (EC) No 566/2008, (EC) No 867/2008, (EC) No 606/2009, and Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 as regards the notification obligations within the common organisation of agricultural markets and repealing Regulation (EC) No 491/2007.

Article 10 U.K.

This Regulation shall apply without prejudice to any spot checks carried out subsequently up to the ripening depot stage.