The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019

SECTION 2 U.K. Olive Oil

Amendment of Commission Regulation (EEC) No 2568/91 U.K.

6.—(1) Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis is amended as follows.

(2) In Article 1—

(a) in paragraphs 1 to 7, for “the Annex to Regulation No 136/66/EEC” substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(b) after paragraph 7, insert—

“8.   In this Regulation:

(a) ‘appropriate authority’ means:

(i) the relevant authority, or

(ii) the Secretary of State:

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

F1 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ‘constituent nation’ means England, Wales [F2 or Scotland], as the case may be;

(c) ‘relevant authority’ means:

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

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(iv) in relation to Wales, the Welsh Ministers.”.

(3) In Article 2—

(a) in paragraph 2—

(i) in the first subparagraph—

(aa) omit “by national authorities or their representatives”;

(bb) for “Member States” substitute “ Secretary of State, with the agreement of the relevant authorities for Wales [F4 and Scotland];

(ii) in the second subparagraph, for “by the Member State” substitute “ in accordance with the first subparagraph ”;

(iii) in the third subparagraph, for the first sentence substitute—

“If the panel does not confirm the category declared as regards the organoleptic characteristics then, at the interested party's request, the appropriate authority must ensure that two counter-assessments are carried out without delay by other panels approved in accordance with the first subparagraph.”;

(b) in paragraph 3, in the first subparagraph—

(i) in the first sentence, for “national authorities or their representatives verify” substitute “ appropriate authority verifies ”;

(ii) in the third sentence, for “competent authority of the Member State” substitute “ appropriate authority ”.

(4) In Article 2a—

[F5 (a) in paragraph 1, for the words from “of a relevant” to the end substitute “that is consumed in or exported from Great Britain, or moved from Great Britain into Northern Ireland”;]

(b) in paragraph 2, for “Member States” substitute “ The appropriate authority ”;

[F6 (c) in paragraph 3(e), for “the Union”, in both places it occurs, substitute “Great Britain”;]

(d) in paragraph 4—

(i) in the first subparagraph, for “Member States shall lay down in advance” substitute “ The appropriate authority must ensure there are established ”;

(ii) for the second subparagraph substitute—

“The relevant authorities must jointly ensure that at least one conformity check per thousand tonnes of olive oil marketed in [F7 Great Britain] is carried out per year.”;

(e) in paragraph 5, for “Member States” substitute “ The appropriate authority ”.

(5) In Article 3—

(a) in the first subparagraph, for “Member State concerned shall,” substitute “ appropriate authority must, in accordance with the legislation applying in the constituent nation concerned and ”;

(b) in the second subparagraph, for “Member States” substitute “ the appropriate authority ”.

(6) For Article 4 substitute—

“Article 4 U.K.

1.   The Secretary of State may, with the agreement of the [F8 relevant authorities for Wales and Scotland], approve assessment panels for the purposes of assessing and verifying organoleptic characteristics.

The terms of approval must be set by the Secretary of State, with the agreement of the [F8 relevant authorities for Wales and Scotland], and ensure that:

(a) the requirements of Annex XII.4 are met,

(b) the panel head is given training recognised for this purpose by the Secretary of State, with the agreement of the [F8 relevant authorities for Wales and Scotland],

(c) continued approval depends on performance in annual checks arranged by the relevant authorities jointly.

2.   If there is no approved tasting panel in [F9 Great Britain], the Secretary of State, with the agreement of the [F8 relevant authorities for Wales and Scotland], may call on a tasting panel approved by the International Olive Council.

3.   The relevant authorities must jointly ensure that there is an up-to-date list of any tasting panels set up in [F9 Great Britain] by professional or inter-branch organisations in accordance with the conditions laid down in paragraph 1, and that those conditions are complied with by the panels.”.

(7) In Article 7, for “The Community provisions” substitute “ Retained direct EU legislation ”.

(8) In Article 7a, omit the second sub-paragraph.

(9) Omit Articles 8 and 10.

(10) After Article 10, omit the words from “This Regulation” to “Member States.”.

(11) In Annex 1a—

(a) in paragraph 1.1, for the sentence after Table 1 substitute—

“The number of packs referred to in Table 1 constitute a primary sample. Nothing in this Regulation prevents the appropriate authority from increasing the number of packs according to their own needs (for example organoleptic assessment by a different laboratory from that which performed the chemical analyses, counter-analysis, etc).”;

(b) in paragraph 1.2, in the third subparagraph after Table 2, for the words from “The number” to “State” substitute “ Nothing in this Regulation prevents the appropriate authority from increasing the number of primary samples ”.

Textual Amendments

F1 Words in reg. 6(2)(b) 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), 14(16)(a)(i)

F2 Words in reg. 6(2)(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), 14(16)(a)(ii)

F3 Words in reg. 6(2)(b) 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), 14(16)(a)(iii)

F4 Words in reg. 6(3)(a)(i)(bb) 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), 14(16)(b)

F5 Reg. 6(4)(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), 14(16)(c)(i)

F6 Reg. 6(4)(c) 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), 14(16)(c)(ii)

F7 Words in reg. 6(4)(d)(ii) 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), 14(16)(c)(iii)

F8 Words in reg. 6(6) 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), 14(16)(d)(i)

F9 Words in reg. 6(6) 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), 14(16)(d)(ii)

Commencement Information

I1 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Regulation (EU) No 29/2012 U.K.

7.—(1) Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) for “Directive 2000/13/EC and Regulation (EC) No 510/2006” substitute “ Regulation (EU) No 1169/2011 and Regulation (EU) No 1151/2012 ”;

(ii) for “Annex XVI to Regulation (EC) No 1234/2007” substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(b) after paragraph 2, insert—

“3.   In this Regulation:

(a) ‘appropriate authority’ means:

(i) in relation to:

(aa) England, the Secretary of State;

F10 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cc) Scotland, the Scottish Ministers;

(dd) Wales, the Welsh Ministers, or

(ii) the Secretary of State:

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

F11 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ‘constituent nation’ means England, Wales [F12 or Scotland], as the case may be;

(c) a reference to a ‘country’ is to be read as including the British Overseas Territories.”.

(3) In Article 2—

(a) in the first subparagraph, after “opened and” insert “ , subject to the third subparagraph ”;

(b) in the second subparagraph, for “the Member States may set” substitute “ nothing in this Regulation prevents the appropriate authority from setting ”;

(c) after the second subparagraph insert—

“Oils as referred to in Article 1(1) which are labelled in accordance with this Regulation as it had effect immediately before [F13 IP completion day] may:

F14 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) be placed on the market until the end of the period of 21 months beginning on the day on which [F13 IP completion day] falls, and remain on the market until stocks are exhausted.”.

(4) In Article 3, in the first subparagraph—

(a) for “Article 118 of Regulation (EC) No 1234/2007” substitute “ Article 78(1) of Regulation (EU) 1308/2013 ”;

(b) for “Article 3(1)(1) of Directive 2000/13/EC” substitute “ Article 9 of Regulation (EU) 1169/2011 ”.

(5) In Article 4—

(a) in paragraph 1, for “Annex XVI to Regulation (EC) No 1234/2007”, in both places it occurs, substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(b) in paragraph 2—

(i) in point (a), for the words from “from” to the end substitute “ from one country, a reference to that country; or ”;

(ii) for point (b) substitute—

“(b) in the case of blends of olive oils originating, in accordance with the provisions of paragraphs 4 and 5, from more than one country:

(i) a reference to the countries concerned, or

(ii) the words ‘blend of olive oils from more than one country’ or similar; or”;

(iii) in point (c), for “Regulation (EC) No 510/2006 substitute “ Regulation (EU) No 1151/2012 ”;

(c) for paragraphs 4 and 5 substitute—

“4.   In the case of import from another country, the designation of origin for the purposes of paragraph 1 is the country in which the mill where the oil was extracted from the olives is situated.

5.   The designation of origin may also contain wording indicating the country in which the olives were harvested.

6.   By way of derogation from paragraphs 2, 4 and 5, in relation to any country or countries each of which is a member of a block of countries to which a regional trade agreement applies, references to that country or countries in the designation of origin may be replaced by references to the name under which the block of countries is known pursuant to that regional trade agreement.

7.   In this Article, ‘regional trade agreement’ means an agreement of the type to which Article 24(5) of the General Agreement on Tariffs and Trade 1994 M1 applies.”.

(6) In Article 5(e), for “Annex XVI to Regulation (EC) No 1234/2007” substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”.

(7) Omit Article 5a.

(8) In Article 6(1), omit the third subparagraph.

(9) Omit Article 7.

(10) In Article 8—

(a) omit paragraph 1;

(b) for paragraph 2 substitute—

“(2) The appropriate authority may take samples to verify the truth of the indications on the labelling concerned.”;

(c) omit paragraphs 3 and 4.

(11) In Article 8a—

(a) in the first sentence, for “Each Member State” substitute “ The appropriate authority ”;

(b) omit the second sentence.

(12) In Article 9—

(a) for paragraph 1 substitute—

“1.   Without prejudice to the penalties laid down in Regulation (EU) No 1308/2013 and in Article 3 of Regulation (EEC) No 2568/91, the appropriate authority must apply, in accordance with the legislation applying in the constituent nation concerned, effective, proportionate and dissuasive penalties if this Regulation is breached.”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “Member States concerned” substitute “ appropriate authority ”;

(bb) for “their territory” substitute “ the constituent nation concerned ”;

(ii) in the second subparagraph—

(aa) omit point (b);

(bb) in point (c), for “Member State concerned” substitute “ appropriate authority ”.

(13) Omit Articles 10, 10a and 12.

(14) After Article 12, omit the words from “This Regulation” to “Member States.”.

Textual Amendments

F10 Words in reg. 7(2)(b) 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), 14(17)(a)(i)

F11 Reg. 7(2)(b) 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), 14(17)(a)(ii)

F12 Words in reg. 7(2)(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), 14(17)(a)(iii)

F13 Words in reg. 7(3)(c) 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), 14(17)(b)(ii)

F14 Words in reg. 7(3)(c) 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), 14(17)(b)(i)

Commencement Information

I2 Reg. 7 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 Available from: https://www.wto.org/english/tratop_e/region_e/region_art24_e.htm. A hard copy is available for inspection free of charge at the offices of DEFRA at Seacole Building, 2 Marsham Street, London SW1P 4DF.