The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 1396

Agriculture

Food

The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021

Made

at 10.00 a.m. on 9th December 2021

Laid before Parliament

at 3.00 p.m. on 9th December 2021

Coming into force

1st January 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 89(a) and 227(4) of Regulation (EU) No 1308/2013 of the European Parliament and Council establishing a common organisation of the markets in agricultural products(1) and sections 38(5)(a) and 50(3) of the Agriculture Act 2020(2).

PART 1 Introductory

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021.

(2) These Regulations come into force on 1st January 2022.

(3) Part 3 extends to Great Britain only.

PART 2 Amendments to retained direct EU legislation

Council Regulation (EC) No 834/2007

2.—(1) Council Regulation (EC) No 834/2007 on organic production and labelling of organic products(3) is amended as follows.

(2) In Article 33—

(a) in paragraph 1, for “1st January 2022” substitute “1 July 2022”;

(b) in paragraph 2, for “1st January 2022” substitute “1 July 2022”.

Commission Regulation (EC) No 543/2008

3.  In Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat(4), in Article 14, for “the period of 12 months beginning on the day on which IP completion day falls” substitute “1 July 2022”.

Commission Regulation (EC) No 1235/2008

4.—(1) Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries(5) is amended as follows.

(2) In Article 13(1), for “1st January 2022” substitute “1 July 2022”.

(3) In Article 13b, for “1st January 2022” substitute “1 July 2022”.

(4) In Article 14(1), for “1st January 2022” substitute “1 July 2022”.

Commission Regulation (EC) No 1295/2008

5.—(1) Commission Regulation (EC) No 1295/2008 on the importation of hops from third countries(6) is amended as follows.

(2) In Article 1(2)(b), for “1 January 2022” substitute “1 July 2022”.

(3) In Article 3, for “1 January 2022” substitute “1 July 2022”.

(4) In Article 4—

(a) in paragraph 1A, for “1 January 2022” substitute “1 July 2022”;

(b) in paragraph 1B, for “1 January 2022” substitute “1 July 2022”.

(5) In Article 6—

(a) in paragraph 1A, for “1 January 2022” substitute “1 July 2022”;

(b) in paragraph 1B, for “1 January 2022” substitute “1 July 2022”.

Commission Implementing Regulation (EU) No 543/2011

6.—(1) 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(7) is amended as follows.

(2) In Article 14—

(a) in paragraph 7, for “1 March 2022” substitute “1 July 2022”;

(b) in paragraph 8, for “1 March 2022” substitute “1 July 2022”.

Regulation (EU) No 1308/2013 of the European Parliament and of the Council

7.—(1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products(8) is amended as follows.

(2) In Article 77(4), for “1 January 2022”, in both places it occurs, substitute “1 July 2022”.

(3) In Article 190(2), for “1 January 2022” substitute “1 July 2022”.

PART 3 Amendments to subordinate legislation in respect of Great Britain

The Hops Certification Regulations 1979

8.—(1) The Hops Certification Regulations 1979(9) are amended as follows in respect of Great Britain.

(2) In regulation 3(1)—

(a) in sub-paragraph (c)(ii), for “1 January 2022” substitute “1st July 2022”;

(b) in sub-paragraph (d)(ii), for “1 January 2022” substitute “1st July 2022”;

(c) in sub-paragraph (e)(ii), for “1 January 2022” substitute “1st July 2022”.

Victoria Prentis

Minister of State

Department for Environment, Food and Rural Affairs

at 10.00 a.m. on 9th December 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by Articles 89(a) and 227(4) of retained Regulation (EU) No 1308/2013 (EUR 2013/1308) and sections 38(5)(a) and 50(3) of the Agriculture Act 2020 (c.21).

Part 2 of these Regulations amends retained EU legislation relating to organics and marketing standards for poultrymeat, hops and fruit and vegetables. Part 3 of these Regulations amends subordinate legislation relating to the marketing of hops, in respect of Great Britain only. These Regulations amend the transitional provisions in the retained EU legislation and subordinate legislation by extending the current transitional arrangements concerning the requirements that apply to imported products to align with the revised timetable for the introduction of sanitary and phytosanitary (SPS) border controls.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

EUR 2013/1308; Article 89 was amended by regulation 5(5) of S.I. 2019/1402, which was itself amended by S.I. 2020/1452. Article 227 was substituted by regulation 37 of S.I. 2019/831.

(2)

2020 c. 21.

(3)

EUR 2007/834, amended by S.I. 2019/692 (which was itself amended by S.I. 2020/1452, 1661), 2021/652; there are other amending instruments but none is relevant.

(4)

EUR 2008/543, amended by S.I 2019/1422 (which was itself amended by S.I. 2020/1453).

(5)

EUR 2008/1235, amended by S.I. 2019/692 (which was itself amended by S.I. 2020/1452, 1661), 2021/652; there are other amending instruments but none is relevant.

(6)

EUR 2008/1295, amended by S.I. 2019/828 (which was itself amended by S.I. 2020/1452), 2021/652; there are other amending instruments but none is relevant.

(7)

EUR 2011/543, amended by S.I. 2019/828 (which was itself amended by S.I. 2020/1452), 2021/652; there are other amending instruments but none is relevant.

(8)

EUR 2013/1308, amended by S.I. 2019/828 (which was itself amended by S.I. 2020/1452), 2021/652; there are other amending instruments but none is relevant.

(9)

S.I. 1979/1095, amended by S.I. 2019/824 (which was itself amended by S.I. 2020/1453), 2021/652; there are other amending instruments but none is relevant.