Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2019-03-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 26th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

(1) These Regulations may be cited as the Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019.

(2) These Regulations come into force on the later of exit day or the day after the day on which they are made.

Council Regulation (EC) No 834/2007 on organic production and labelling of organic products

2

(1) Council Regulation (EC) No 834/2007 on organic production and labelling of organic products is amended as follows.

(2) In Article 32—

(a) in paragraph 1—

(i) omit “Community”;

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

(b) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission shall” to “Article 37(2)” substitute “ Secretary of State must, by regulations ”;

(ii) in the second subparagraph—

(aa) for “notified” substitute “ published ”;

(bb) for the words “, by” to “45011 or” substitute “ of ”;

(iii) in the third subparagraph, for “Commission” substitute “ Secretary of State ”, in both places it appears;

(iv) in the fifth subparagraph, for “Commission assisted by the Member States” substitute “ Secretary of State ”.

(3) In Article 33—

(a) in paragraph 1—

(i) omit “Community”;

(ii) at the end insert—

The requirement set out in point (d) applies to organic products entering the United Kingdom from the European Union, an EEA state or Switzerland only on and after 1st July 2021.

(b) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission may” to “Article 37(2)” substitute “ Secretary of State may, by regulations ”;

(ii) in the second subparagraph, for “Commission” substitute “ Secretary of State ”, in both places it appears;

(iii) in the third subparagraph, for “Commission” substitute “ Secretary of State ”;

(iv) in the fourth subparagraph, for “Commission assisted by the Member States” substitute “ Secretary of State ”;

(v) at the end insert—

The requirement in this paragraph to provide a concise annual report applies to the European Union, an EEA state and Switzerland only on and after 1st July 2021.

(i) in the first subparagraph—

(aa) for the words from “Commission may” to “Article 37(2)” substitute “ Secretary of State may, by regulations ”;

(bb) for “establish” substitute “ maintain ”;

(ii) in the second subparagraph, for “Commission” substitute “ Secretary of State ”;

(iii) in the third subparagraph, for “Commission” substitute “ Secretary of State ”, in both places it appears;

(iv) in the fifth subparagraph, for “Commission assisted by the Member States” substitute “ Secretary of State ”.

(4) In Article 38, after the first sentence insert—

In relation to point (d) below, the Secretary of State may, by regulations, lay down detailed rules for the application of this Regulation. The regulations laid down by the appropriate authority or the Secretary of State are subject to the objectives and principles laid down in Title 2.

Commission Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control

3

(1) Commission Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control is amended as follows.

(2) In Article 82(1)—

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

(b) in the second subparagraph, for the words from “when” to the end substitute “ when these storage facilities are situated outside of Great Britain, by a control body or authority approved by the Secretary of State for control in that country. ”.

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

(4) In Article 84—

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

(b) in the third paragraph, for the words from “Trade Control” to the end substitute “ import control system operated in Great Britain . ”.

Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries

4

(1) Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries is amended as follows.

(2) In Article 2—

(a) in paragraph 5—

(i) omit “relevant Member State's”;

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

(b) for paragraph 6 substitute—

(6) ‘competent authority’ means the customs authority, food safety authority or other authorities designated by the relevant authority pursuant to Article 27(1) of Regulation (EC) No 834/2007 responsible for the verification of the consignments and the endorsement of the certificates of inspection

(d) in paragraph 11, after “circulation” insert “ in Great Britain ”;

(e) after paragraph 11 insert—

(12) ‘third country’ has the same meaning as in Council Regulation (EC) No 834/2007; (13) ‘relevant 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; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 3—

(a) in paragraph 1—

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

(ii) omit the second sentence;

(b) in paragraph 2, omit “Community”.

(4) In Article 4—

(a) in paragraph 1—

(i) for “The Commission” substitute “ The Secretary of State ”;

(ii) omit “by the Commission”;

(iii) omit the second sentence;

(b) in paragraph 2, for “Community” substitute “ United Kingdom ”;

(i) in the words before point (a)—

(aa) for “Commission to ensure” substitute “ Secretary of State to ensure ”;

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

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

(iii) in point (g), for “Commission” substitute “ Secretary of State ”;

(d) in paragraph 4, for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(e) in paragraph 5—

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

(ii) for the final sentence substitute “ The decision must be taken by the Secretary of State by regulations. ”.

(5) In Article 5—

(a) in paragraph 1—

(i) in point (a), for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(ii) in point (b), for “Commission” substitute “ Secretary of State ”;

(iii) in point (c), for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(iv) in point (d), for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(bb) for the words from “that control” to the end substitute “ the Secretary of State may, by regulations, withdraw that control body or control authority from the list of control bodies and control authorities. ”;

(ii) in the second subparagraph, for “Commission” substitute “ Secretary of State ”.

(6) In Article 6(3), for “Commission” substitute “ Secretary of State ”.

(7) In Article 7—

(a) in paragraph 1, for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2—

(i) in the words before point (a), for “Community market” substitute “ market in Great Britain ”;

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

(8) In Article 8—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “Commission”, in each place it occurs, substitute “ Secretary of State ”;

(ii) for “request for inclusion which” substitute “ request from a third country for inclusion on the list provided for in Article 7 if it ”;

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

The decisions referred to in the first subparagraph must be made by the Secretary of State by regulations.

(9) In Article 9—

(a) for “Commission”, in each place it occurs, substitute “ Secretary of State ”;

(b) in paragraph 1(a) omit the words from “via the” to the end;

(c) in paragraph 2, for the words from “that third” to the end substitute “ the Secretary of State may, by regulations, withdraw that third country from the list. ”.

(10) In Article 10—

(a) in paragraph 1, for “Commission shall draw up” substitute “ Secretary of State must maintain ”;

(b) in paragraph 2, omit “Community”.

(11) In Article 11—

(a) for “Commission”, in each place it occurs, substitute “ Secretary of State ”;

(b) in paragraph 2, for “Community” substitute “ United Kingdom ”;

(d) in paragraph 5, for the final sentence substitute “ The decision must be made by the Secretary of State by regulations. ”.

(12) In Article 12—

(a) for “Commission”, in each place it occurs, substitute “ Secretary of State ”;

(b) in paragraph 2—

(i) for the words before point (a) substitute—

(2) The Secretary of State may, by regulations, withdraw from the list referred to in Article 10 a control body or a control authority, or a reference to a specific product category or a specific third country in relation to that control body or control authority, in the following cases:

(ii) in the second subparagraph—

(aa) for the words from “the Commission shall withdraw” to “834/2007” substitute “ the Secretary of State must, by regulations, withdraw it from the list without delay ”;

(bb) omit the second sentence.

(13) In Article 13—

(a) in paragraph 1—

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

(ii) in points (a) and (b), omit “relevant Member State's”;

(iii) in point (c), for the words “Article 158(1)” to the end substitute “ paragraph 17(4) of Schedule 1 to the Taxation (Cross-border) Trade Act 2018 . ”;

(iv) in the second subparagraph, for the words from “relevant Member” to the end substitute “ competent authority. ”;

(v) omit the third subparagraph;

(b) after paragraph 1 insert—

The requirements in this Article relating to certificates of inspection apply to organic products entering the United Kingdom from the European Union, an EEA state or Switzerland only on and after 1st July 2021.

(i) in the first subparagraph—

(aa) omit “relevant Member State's”;

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

(ii) omit the second subparagraph;

(iii) in the third subparagraph—

(aa) for “TRACES”, in both places it occurs, substitute “ the United Kingdom's import control system ”;

(bb) omit “relevant Member State's”;

(d) in paragraph 4—

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

(ii) in the fourth subparagraph, for the words from “Commission or” to “State” substitute “ Secretary of State ”;

(e) in paragraph 6, omit “relevant Member State's”;

(f) after paragraph 7 insert—

(8) During the transition period a certificate of inspection issued by a control body which appears on both Annex 4 of this Regulation and Annex 4 of Regulation (EC) No 1235/2008 as it had effect in EU law immediately before IP completion day must be accepted for the purposes of satisfying the requirements, including those in paragraph 1, for import into Great Britain notwithstanding that the certificate of inspection certifies compliance with requirements in Regulation (EC) No 834/2007 as it has effect in EU law from time to time. (9) During the transition period a certificate of inspection issued by a control body which appears on both Annex 4 of this Regulation and Annex 4 of Regulation (EC) No 1235/2008 as it had effect in EU law immediately before IP completion day must not be accepted for the purposes of satisfying the requirements, including those in paragraph 1, for import into Great Britain where it certifies compliance with Regulation (EC) No 834/2007 as it has effect in Great Britain unless the competent authority has approved the control body to certify products to Great Britain standards, following a notification in accordance with Article 12(1). (10) The transition period referred to in paragraphs 8 and 9 is a period which begins on IP completion day and ends on 31st December 2022.

(14) In Article 13a—

(a) in paragraph 1—

(i) for “TRACES”, in both places it occurs, substitute “ Great Britain's electronic import control system ”;

(ii) for “2, 3 and 4” substitute “ 2 and 3 ”;

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

(b) in paragraph 2—

(i) in the first subparagraph, for “TRACES” substitute “ Great Britain's electronic import control system ”;

(ii) in the first subparagraph, for “one of the official languages of the Union” substitute “ English, and may also appear in other languages, ”;

(iii) omit the second subparagraph;

(d) omit paragraph 4.

(15) In Article 13b—

(a) for “Article 158(1) of Regulation (EU) No 952/2013” substitute “ section 3 of the Taxation (Cross-border) Trade Act 2018 ”;

(b) at the end insert—

The requirements of this Article apply to organic products entering the United Kingdom from the European Union, an EEA state or Switzerland only on and after 1st July 2021.

(16) In Article 13c—

(a) in the first paragraph—

(i) for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(ii) for “TRACES”, in both places it occurs, substitute “ Great Britain's import control system ”;

(iii) omit the words “of the” to “No 834/2007,”;

(iv) for “that Regulation” substitute “ Regulation (EC) No 834/2007 ”;

(b) for the second paragraph substitute—

The competent authority is in charge of granting and updating access rights to Great Britain's import control system of operators, control authorities and control bodies. Before granting access rights to Great Britain's import control system, the competent authority must verify the identity of the operators, control authorities and control bodies concerned.

(17) In Article 13d, for “TRACES” substitute “ Great Britain's import control system ”.

(18) In Article 14—

(a) in paragraph 1—

(i) for “Regulation (EU) No 952/2013” substitute “ the Taxation (Cross-border) Trade Act 2018 ”;

(ii) omit “relevant Member State's”;

(iii) after “circulation” insert “ in Great Britain ”;

(iv) at the end insert—

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