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The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 No. 1452

PART 3Amendment to domestic regulations

The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019

5.—(1) The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019(1) is amended as follows.

(2) In regulation 2 (amendment to Regulation 834/2007)—

(a)for paragraph (2)(a) substitute—

(a)in paragraph 1—

(i)omit “Community”;

(ii)after “market” insert “in Great Britain”;;

(b)for paragraph (3)(a)(i) substitute—

(i)omit “Community”;

(ia)after “market” insert “in Great Britain”;.

(3) In regulation 3 (amendment to Regulation 889/2008)—

(a)in paragraph (2)—

(i)for sub-paragraph (a) substitute—

(a)in the first subparagraph, for “the Community” substitute “Great Britain”;;

(ii)in point (b), for “the United Kingdom” substitute “Great Britain”;

(b)for paragraph (3), substitute—

(3) In Article 83, in the second paragraph, for “the Community” substitute “Great Britain”.;

(c)in paragraph (4)—

(i)for sub-paragraph (a), substitute—

(a)in the first paragraph, for “the Community” substitute “Great Britain”;;

(ii)in sub-paragraph (b), for “the United Kingdom” substitute “Great Britain”.

(4) In regulation 4 (amendment to Regulation 1235/2008)—

(a)in paragraph (2)—

(i)for sub-paragraph (a)(ii) substitute—

(ii)for “the Union” substitute “Great Britain”;;

(ii)in sub-paragraph (d) for “the United Kingdom” substitute “Great Britain”;

(iii)in sub-paragraph (e), in the inserted text, omit paragraph 13(d);

(b)in paragraph (4)(c)—

(i)for sub-paragraph (i)(bb) substitute—

(bb)for “the Community” substitute “Great Britain”;;

(ii)for sub-paragraph (ii) substitute—

(ii)in point (a), for “the Community” substitute “Great Britain”;;

(c)in paragraph (7)(b)—

(i)in sub-paragraph (i), for “the United Kingdom” substitute “Great Britain”;

(ii)for sub-paragraph (ii) substitute—

(ii)in point (f), for “the Union” substitute “Great Britain”.;

(d)for paragraph (8)(b)(iii) substitute—

(iii)for “the Community”, in each place it occurs, substitute “Great Britain”;;

(e)for paragraph (11)(c) substitute—

(c)in paragraph 3, for “the Community”, in each place it occurs, substitute “Great Britain”;;

(f)in paragraph (13)—

(i)for sub-paragraph (a)(i) substitute—

(i)in the first subparagraph, for “the Union” substitute “Great Britain”;;

(ii)for sub-paragraph (c)(i)(bb) substitute—

(bb)for the words from “the electronic Trade” to the end substitute “Great Britain’s import control system”;;

(iii)for sub-paragraph (c)(ii) substitute—

(ii)omit the second subparagraph;;

(iv)for sub-paragraph (d)(i) substitute—

(i)in the second subparagraph, for “the Union” substitute “Great Britain”;;

(v)in sub-paragraph (f), in the inserted text—

(aa)for “exit day”, in each place it occurs, substitute “IP completion day”;

(bb)for “the United Kingdom”, in each place it occurs, substitute “Great Britain”;

(cc)for “31st December 2020” substitute “31st December 2022”;

(g)in paragraph (14), in sub-paragraphs (a)(i), (b)(i) and (c), for “the United Kingdom’s” substitute “Great Britain’s”;

(h)in paragraph (16), in sub-paragraph (a)(ii) and sub-paragraph (b) for “the United Kingdom’s”, in both places it occurs, substitute “Great Britain’s”;

(i)in paragraph (17), for “The United Kingdom’s” substitute “Great Britain’s”;

(j)in paragraph (18)—

(i)in sub-paragraph (a)(iii), for “the United Kingdom” substitute “Great Britain”;

(ii)in sub-paragraph (a)(iv), in the inserted text, for “the United Kingdom” substitute “Great Britain”;

(iii)in sub-paragraph (b)(iv)(aa), for “the United Kingdom’s” substitute “Great Britain’s”;

(iv)in sub-paragraph (b)(iv)(cc), for “the United Kingdom” substitute “Great Britain”;

(k)for paragraph (19)(a)(i)(aa) substitute—

(aa)for “the Union” substitute “Great Britain”;;

(l)in paragraph (26)—

(i)for sub-paragraph (a) substitute—

(a)in the heading, for “THE EUROPEAN UNION” substitute “GREAT BRITAIN”;;

(ii)in sub-paragraph (b), for “the United Kingdom” substitute “Great Britain”;

(iii)in sub-paragraph (c)(i), for “the United Kingdom” substitute “Great Britain”;

(iv)for sub-paragraph (c)(ii) substitute—

(ii)in the entry relating to box 3, for “the electronic Trade Control and Expert System (TRACES)” substitute “Great Britain’s import control system”;;

(v)in sub-paragraph (c)(iii), for “the United Kingdom”, in both places it appears, substitute “Great Britain”;

(vi)in sub-paragraph (c)(iv) for “the United Kingdom” substitute “Great Britain”;

(vii)for sub-paragraph (c)(v) substitute—

(v)in the entry relating to box 9, for the words from “the country in” to the end substitute “Great Britain”;;

(viii)in sub-paragraph (c)(vi), for “the United Kingdom” substitute “Great Britain”;

(ix)for sub-paragraph (c)(vii)(aa) substitute—

(aa)for “the European Union” substitute “Great Britain”;;

(x)for sub-paragraph (c)(viii) substitute—

(viii)in the entry relating to box 12, for “the European Union” substitute “Great Britain”;;

(m)in paragraph (27)—

(i)for sub-paragraph (a) substitute—

(a)in the heading, for “THE EUROPEAN UNION” substitute “GREAT BRITAIN”;;

(ii)in sub-paragraph (b), for “the United Kingdom” substitute “Great Britain”;

(iii)in sub-paragraph (c)(i), for “the United Kingdom” substitute “Great Britain”;

(iv)for sub-paragraph (c)(ii) substitute—

(ii)in the entry relating to box 3, for “the electronic Trade Control and Expert System (“TRACES”) substitute “Great Britain’s import control system”;;

(v)for sub-paragraph (c)(iii) substitute—

(iii)in the entry relating to box 9, for the words from “the country in” to the end substitute “Great Britain”;;

(vi)in sub-paragraph (c)(iv), for “the United Kingdom” substitute “Great Britain”;

(vii)for sub-paragraph (c)(v) substitute—

(v)in the entry relating to box 11, for “the European Union” substitute “Great Britain”;.

The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019

6.—(1) The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019(2) are amended as follows.

(2) In regulation 3(a) (amendment to Article 77 of Regulation 1308/2013), in the inserted text—

(i)for “the United Kingdom”, in both places it occurs, substitute “Great Britain”;

(ii)for “29 March 2021”, in both places it occurs, substitute “1 July 2021”.

(3) In regulation 7(b) (amendment to Article 107 of Regulation 1308/2013), in the substituted text—

(a)At the end of paragraph 1 insert—

The entries are to be treated as having effect on IP completion day.;

(b)for paragraph 2 substitute—

2.  For the purposes of paragraph 1—

(a)‘established protected designation of origin’ means a designation of origin within the meaning of Article 93(1)(a) to which Article 54(2) of the EU withdrawal agreement applies;

(b)‘established protected geographical indication’ means a geographical indication within the meaning of Article 93(1)(b) to which Article 54(2) of the EU withdrawal agreement applies;

(c)‘established traditional term’ means a traditional term within the meaning of Article 112 to which Article 54(2) of the EU withdrawal agreement applies.

(4) In regulation 27 (amendment to Article 190(2) of Regulation 1308/2013), in the inserted text, for “29 March 2021” substitute “1 July 2021”.

(5) For regulation 30(d)(ii) (amendment to Article 6 of Regulation 510/2014), substitute—

(ii)for “a third” substitute “another”..

(6) In regulation 40 (amendment to Article 2 of Regulation 566/2008), in the substituted text, omit paragraph 1(b)(iv).

(7) In regulation 41 (amendment to Article 7 of Regulation 566/2008)—

(a)for sub-paragraph (a)(ii) substitute—

(ii)for “the Community” substitute “Great Britain”;;

(b)in sub-paragraph (a)(iii), in the inserted text, for “exit day”, in both places it occurs, substitute “IP completion day”;

(c)for sub-paragraph (a)(iv) substitute—

(iv)for “Member States” substitute “relevant authorities for Wales and Scotland”;;

(d)omit sub-paragraph (a)(v).

(8) In regulation 44 (amendment to Article 14 of Regulation 543/2011)—

(a)in sub-paragraph (a)—

(i)for paragraph (i) substitute—

(i)for “the Union”, in the first and second place it occurs, substitute “Great Britain”;;

(ii)after paragraph (iii) insert—

(iv)for “the Union”, in the third place it occurs, substitute “Great Britain’s”;;

(b)in sub-paragraph (c), in the inserted text, for “29 March 2021”, in both places it occurs, substitute “the end of the period of two years beginning on the day after that on which IP completion day falls”.

(9) In regulation 45 (amendment to Article 15 of Regulation 543/2011)—

(a)for sub-paragraph (a) substitute—

(a)in the heading, for “the Union” substitute “Great Britain”;;

(b)for sub-paragraph (b)(iii) substitute—

(iii)for “the Union” substitute “Great Britain”;;

(c)for sub-paragraph (c) substitute—

(c)in paragraph 2, for “the Union”, in each place it occurs, substitute “Great Britain”;.

(10) For regulation 50(1) (amendment to Article 1(1) of Regulation 1295/2008), substitute—

(1) for “the Community” substitute “Great Britain”;.

(11) In regulation 51 (amendment to Article 1(2) of Regulation 1295/2008), in the substituted text, for “29 March 2021” substitute “1 July 2021”.

(12) In regulation 52(b) (amendment to Article 3 of Regulation 1295/2008), in the inserted text—

(a)for “29 March 2021”, substitute “1 July 2021”.

(13) In regulation 53 (amendment to Article 4(1) of Regulation 1295/2008), in the inserted text—

(a)for “29 March 2021”, in both places it occurs, substitute “1 July 2021”;

(b)for “the United Kingdom” substitute “Great Britain”.

(14) In regulation 54 (amendment to Article 6 of Regulation 1295/2008), in the inserted text—

(a)for “29 March 2021”, in both places it occurs, substitute “1 July 2021”;

(b)for “the United Kingdom” substitute “Great Britain”.

The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019

7.—(1) The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019(3) are amended as follows.

(2) In regulation 3(3) (amendment to Article 30(1) of Regulation 589/2008) in the substituted text for “the United Kingdom” substitute “Great Britain”.

(3) In regulation 5(5) (amendment to Article 89 of Regulation 1308/2013)—

(a)for sub-paragraph (a)(i) substitute—

(i)for the words from “the Union” to “countries” substitute “Great Britain and certain third countries, movement between Great Britain and Northern Ireland,”;;

(b)in sub-paragraph (b)(ii), for “the United Kingdom” substitute “Great Britain”;

(c)for sub-paragraph (c) substitute—

(c)in point (b), for “the Union” substitute “Great Britain”..

(4) In regulation 7 (amendment to Regulation 510/2014)—

(a)in paragraph (4)(b), in the substituted text, for “exit day”, in both places that it occurs, substitute “IP completion day”;

(b)in paragraph (5)(b), in the substituted text, for “exit day”, in both places that it occurs, substitute “IP completion day”.

The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019

8.  In regulation 2 of the Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019(4)—

(a)omit paragraph (2);

(b)omit paragraphs (7) to (11).

The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019

9.—(1) The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019(5) are amended as follows.

(2) Omit paragraph 5(4) of Schedule 1 (amendment to Article 5 of Regulation 2016/1237).

(3) In paragraph 4 of Schedule 2 (amendment to Article 5 of Regulation 2016/1239), in the substituted text, for the paragraph number “5” substitute “2”.

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