The Marketing of Bananas (Scotland) Regulations 2012

PART 1 Introduction

Citation, commencement and extent

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

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)

CN code 0803 00 19(1) as provided for in Part XI of Annex 1 to Council Regulation 1234/2007; 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(2), 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;

“Council Regulation 1234/2007” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(3), as amended from time to time;

“EU 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;

“inspection body” means a body of a member State 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;

“non compliance label” means a label indicating that the bananas are not compliant with EU 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 Council Regulation 1234/2007.

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

Designations, provision of information and appointment of authorised officers

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 Article 113(3) of Council Regulation 1234/2007 in relation to bananas.

(2) For the purposes of fulfilling the obligations on competent national authorities and inspection bodies contained in the EU 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 in other member States and in Northern Ireland, England and Wales; or

(b) the European Commission.

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

(1)

Commission Implementing Regulation (EU) No 1333/2011 refers to bananas falling within CN code ex 0803 00. Council Regulation (EC) No 2587/2001 (OJ L 345, 29.12.2001, p.13) amended Council Regulation (EEC) No 404/93 (OJ L 47, 25.5.1993, p.1) among other things to revise the CN codes for products covered by the common organisation of the market for the banana sector, including CN code 0803 00 19 for fresh bananas, excluding plantains. Council Regulation 1234/2007 repealed Council Regulation (EEC) No 404/93. Part XI of Annex I to Council Regulation 1234/2007 includes CN code 0803 00 19.

(2)

OJ L 336, 20.12.2011, p.23.

(3)

OJ L 299, 16.11.2007, p.1, as last amended by Regulation (EU) No 261/2012 (OJ L 94, 30.3.2012, p.38).

(4)

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