The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019

Amendment of Regulation 1295/2008 U.K.

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

(2) For Article 2 substitute—

“Article 2 U.K.

1.   For the purposes of this Regulation, the following definitions shall apply:

(a) ‘consignment’ means a quantity of a product having the same characteristics and sent by the same consignor at the same time to the same consignee;

[F1 (b) ‘constituent nation’ means England, Wales or Scotland, as the case may be;]

(c) ‘third country’ means any country or territory other than:

(i) the United Kingdom;

(ii) the Bailiwick of Jersey;

(iii) the Bailiwick of Guernsey;

(iv) the Isle of Man.

2.   For the purposes of this Regulation, ‘appropriate authority’ means:

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.   But the appropriate authority is the Secretary of State:

(a) in relation to Scotland, if consent is given by the Scottish Ministers;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(3) After Article 4 insert—

“Article 4a U.K.

1.   The EU certificate M1 shall be made out for each consignment and shall consist of an original and two copies drawn up in accordance with Regulation (EC) No 1850/2006 M2 , as it has effect in EU law as amended from time to time.

2.   An EU certificate shall be valid only if it is duly completed in accordance with Article 77 of Regulation (EU) No 1308/2013, as it has effect in EU law as amended from time to time and Regulation (EC) No 1850/2006, as it has effect in EU law as amended from time to time.”.

(4) In Article 5(1) for the words from “one of” to “Community” substitute “ English (and may also bear the same particulars in any other language) ”.

(5) After Article 5(2) insert—

“(3) Each unit of packaging covered by an EU certificate shall be marked in accordance with Regulation (EC) No 1850/2006, as it has effect in EU law as amended from time to time.”.

(6) In Article 7—

[F3 (a) for “the Community” substitute “Great Britain”;]

(b) after “attestation of equivalence” insert “ , the EU certificate ”;

(c) for “Member State” substitute “ constituent nation ”.

(7) In Article 8 for “If” substitute “ In the case of consignments accompanied by an attestation of equivalence or an attestation extract, if ”.

(8) After Article 8 insert—

“Article 8a U.K.

In the case of consignments accompanied by an EU certificate or an EU certificate extract, if the consignment is resold or split up after it has been released for free circulation, the product must be accompanied by an invoice or other commercial document drawn up by the vendor, giving the reference number of the EU certificate or of the extract.

The following information from the EU certificate or, as the case may be, the extract shall also be included on the invoice or commercial document:

(a) for hop cones:

(i) the description of the product;

(ii) the gross weight;

(iii) the place of production;

(iv) the year of harvest;

(v) the variety;

(b) for products manufactured from hops, in addition to the particulars listed under point (a): the place and date of processing.”.

(9) In Article 9(1)—

(a) for “Member States” substitute “ appropriate authorities ”;

(b) for “Article 158 of Regulation (EC) No 1234/2007” substitute “ Article 190(1) of Regulation (EU) No 1308/2013 ”.

(10) In Article 9(2)—

(a) omit the first sentence;

[F4 (b) for “the Member State in question” substitute “Great Britain”;]

(c) at the end, insert “ For the purposes of this paragraph, the EU may be treated as a single country. ”.

(11) In Article 9(3)—

(a) omit “of the Member States”;

[F5 (b) for “the Community” substitute “Great Britain”.]

(12) In Article 9(4)—

(a) for “a Member State” substitute “ an appropriate authority ”;

(b) for “Commission” substitute “ Secretary of State ”;

(c) for the words from “In accordance” to “withdraw” substitute “ Upon receipt of a notification under this paragraph, the Secretary of State may make regulations withdrawing ”.

(13) Omit Article 9(5).

(14) In Article 10 after “attestation” insert “ or EU certificate ”.

(15) After Article 12 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(16) In the form in Annex 2—

[F6 (a) in the box immediately below box 2, for “THE EUROPEAN COMMUNITY” substitute “GREAT BRITAIN”;]

(b) in the box immediately above box 4, omit the words from “Виж” to “baksidan”;

(c) in the box entitled “IMPORTANT NOTES”—

[F7 (i) in point A, for “the Community” substitute “Great Britain”;]

(ii) in point B, omit “in the Member State concerned”;

(iii) in point C, omit “in the Member State concerned”;

[F8 (d) in box 11 for “the European Community” substitute “Great Britain”;]

[F9 (e) in box 13 for “THE COMMUNITY” substitute “GREAT BRITAIN”.]

(17) In the form in Annex 3—

[F10 (a) in the box immediately below box 2, for “THE EUROPEAN COMMUNITY” substitute “GREAT BRITAIN”;]

(b) in the box immediately above box 4, omit the words from “Виж” to “baksidan”;

(c) in the box entitled “IMPORTANT NOTES”—

[F11 (i) in point A, for “the Community” substitute “Great Britain”;]

(ii) in point B—

[F12 (aa) for “the Community” substitute “Great Britain”;]

(bb) omit “in the Member State concerned”;

[F13 (d) in box 14, for the words from “THE MEMBER” to “CIRCULATION” substitute “GREAT BRITAIN”.]

(18) In point 3 of Annex 4—

(a) in point A—

(i) for “one of the official languages of the Community” substitute “ English ”;

(ii) after “it can also be printed in” insert “ any other language, including ”;

(b) in point B, for the words from “one” to the end substitute “ English; it can also be printed in any other language ”.

Textual Amendments

F1 Words in reg. 10(2) substituted (31.12.2020 immediately before IP completion day) 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(26)(a)

F2 Words in reg. 10(2) omitted (31.12.2020 immediately before IP completion day) by virtue of 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(26)(b)

F3 Reg. 10(6)(a) substituted (31.12.2020 immediately before IP completion day) 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(27)

F4 Reg. 10(10)(b) substituted (31.12.2020 immediately before IP completion day) 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(28)

F5 Reg. 10(11)(b) substituted (31.12.2020 immediately before IP completion day) 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(29)

F6 Reg. 10(16)(a) substituted (31.12.2020 immediately before IP completion day) 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(30)(a)

F7 Reg. 10(16)(c)(i) substituted (31.12.2020 immediately before IP completion day) 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(30)(b)

F8 Reg. 10(16)(d) substituted (31.12.2020 immediately before IP completion day) 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(30)(c)

F9 Reg. 10(16)(e) substituted (31.12.2020 immediately before IP completion day) 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(30)(d)

F10 Reg. 10(17)(a) substituted (31.12.2020 immediately before IP completion day) 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(31)(a)

F11 Reg. 10(17)(c)(i) substituted (31.12.2020 immediately before IP completion day) 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(31)(b)

F12 Reg. 10(17)(c)(ii)(aa) substituted (31.12.2020 immediately before IP completion day) 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(31)(c)

F13 Reg. 10(17)(d) substituted (31.12.2020 immediately before IP completion day) 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(31)(d)

Commencement Information

I1 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 A definition of “EU certificate” is inserted into Regulation (EC) 1295/2008 by The Common Organisation of Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/XXX).

M2 OJ No L 355, 15.12.2006, p.72, as last amended by Commission Regulation (EU) No 519/2013 (OJ No L 158, 10.6.2013, p.74).