The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011

• Citation: S.I. 2011/2587
• Sections: 8

Section 1 Title, commencement, extent and application

(1) These Regulations may be cited as the Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 and come into force on 1st December 2011.

(2) This regulation and regulations 2, 3(a) and (c) and 4(a), (b) and (c) extend to the United Kingdom.

(3) Otherwise, these Regulations apply in relation to England only.

Section 2 Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009

The Marketing of Fresh Horticultural Produce Regulations 2009 are amended as follows.

Section 3 Amendment of regulation 2

In regulation 2—

(a) in paragraph (1), for the definition of “Commission Regulation 1580/2007” substitute—

“ Commission Implementing Regulation 543/2011 ” means 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, as amended from time to time.

(b) in paragraph (2)—

(i) in the definition of “EU marketing rules” , for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”,

(ii) in the definition of “general marketing standard”, for “Article 2a(1) and Part A of Annex I to Commission Regulation 1580/2007” substitute “Article 3(1) and Part A of Annex I to Commission Implementing Regulation 543/2011”,

(iii) in the definition of “specific marketing standards”, for “Article 2a(2) and Part B of Annex I to Commission Regulation 1580/2007” substitute “Article 3(2) and Part B of Annex I to Commission Implementing Regulation 543/2011”; and

(c) in paragraph (3), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.

Section 4 Amendment of regulation 3

In regulation 3—

(a) in paragraphs (1) and (2)(a)(i), for “Article 8(1)(a) of Commission Regulation 1580/2007” substitute “Article 9(1)(a) of Commission Implementing Regulation 543/2011”;

(b) in paragraph (2)(a)(ii) and (iii) and in the introductory words of paragraph (2)(b), for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”;

(c) in paragraph (2)(b)(i), for “Article 9 of Commission Regulation 1580/2007” substitute “Article 10 of Commission Implementing Regulation 543/2011”; and

(d) in paragraph (3), for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”.

Section 5 Amendment of regulation 4

In regulation 4(3), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.

Section 6 Amendment of regulation 8

In regulation 8(2), for “Annex VI to Commission Regulation 1580/2007” substitute “Annex V to Commission Implementing Regulation 543/2011”.

Section 7 Insertion of Part 7

After Part 6 insert—

Review

(23)

(1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations,

(b) assess the extent to which the objectives have been achieved, and

(c) assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(3) The first review period is the period of five years beginning on 1st December 2011 .

(4) Each subsequent review period is a period of five years beginning with the date on which the report of the preceding review was published.

Section 8 Substitution of the Schedule

For the Schedule substitute the following—

Provisions of Commission Implementing Regulation 543/2011

Column 1

Relevant provision of Commission Implementing Regulation 543/2011

Column 2

Provision of Commission Implementing Regulation 543/2011 to be read with the provision in column 1

Column 3

Subject matter