The Marketing of Bananas (Scotland) Regulations 2012

PART 1 S Introduction

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Marketing of Bananas (Scotland) Regulations 2012 and come into force on 1st February 2013.

(2) These Regulations extend to Scotland only.

Interpretation S

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)

[F1 CN code 0803 90 10 as provided for in Part XI of Annex I to Council Regulation 2013]; and

(b)

the description in Article 1 of, and Point I of Annex I to, Commission Regulation 1333/2011;

“Commission Regulation 1333/2011” means Commission Implementing Regulation (EU) No 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector M1 , 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 consent to their movement has been given under regulation 14(1) when the circumstances in regulation 14(2) or (3) apply;

[F2 “Council Regulation 2013”“ means [F3 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013] 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, as amended from time to time;]

F4 ...

“inspection body” means a body F5 ... responsible for carrying out conformity checks in accordance with Articles 3 and 8 of Commission Regulation 1333/2011;

“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;

[F6 “marketing rules” means any of the minimum requirements, classification, sizing, presentation and marking standards provided for in Article 1 and Annex I of Commission Regulation 1333/2011, subject to the tolerances in Point IV of that Annex;]

“non compliance label” means a label indicating that the bananas are not compliant with F7 ... marketing rules;

“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 1333/2011 and [F8 Council Regulation 2013].

(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 M2 , which has been recorded in written form and is capable of being reproduced in that form.

Textual Amendments

F1 Words in reg. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 24(2)(a)

F2 Words in reg. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 24(2)(b)

F3 Words in reg. 2(1) substituted (1.7.2019) by The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(a), 2

F4 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 2(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 24(2)(c)

Marginal Citations

M1 OJ L 336, 20.12.2011, p.23.

M2 2000 c.7, relevantly amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

Designations, provision of information and appointment of authorised officers S

3.—(1) The Scottish Ministers are designated as the competent national authority and inspection body for Scotland for the purposes of Commission Regulation 1333/2011 and [F9 Article 74 of Council Regulation 2013] in relation to bananas.

(2) For the purposes of fulfilling the obligations on competent national authorities and inspection bodies contained in the F10 ... marketing rules 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 F11 ... in Northern Ireland, England and Wales; F12 ...

F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F9 Words in reg. 3(1) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 24(3)

F10 Word in reg. 3(2) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 3(2) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Reg. 3(2)(b) and word omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(3)(c)(d); 2020 c. 1, Sch. 5 para. 1(1)