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, for "Community" substitute "United Kingdom";

(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)the first subparagraph, for "Community" substitute "United Kingdom";

(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 January 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 January 2021.";

(c)in paragraph 3-

(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 "Community" substitute "United Kingdom";

(b)in the second subparagraph, for the words from "when" to the end substitute "when these storage facilities are situated outside of the United Kingdom, 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 "Community" substitute "United Kingdom".

(4) In Article 84-

(a)in the first paragraph, for "Community" substitute "United Kingdom";

(b)in the third paragraph, for the words from "Trade Control" to the end substitute "import control system operated in the United Kingdom.".

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 "Union" substitute "United Kingdom";

(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";

(c)in paragraph 7, for "a relevant" substitute "the";

(d)in paragraph 11, after "circulation" insert "in the United Kingdom";

(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)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.".

(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";

(c)in paragraph 3-

(i)in the words before point (a)-

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

(bb)for "Community" substitute "United Kingdom";

(ii)in point (a), for "Community" substitute "United Kingdom";

(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 the United Kingdom";

(ii)in point (f), for "Union" substitute "United Kingdom".

(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 "Community", in each place it occurs, substitute "United Kingdom";

(c)in paragraph 4, for the second subparagraph substitute-

"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";

(c)in paragraph 3, for "Community", in each place it occurs, 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 "Union" substitute "United Kingdom";

(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(2).";

(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 January 2021.";

(c)in paragraph 2-

(i)in the first subparagraph-

(aa)omit "relevant Member State's";

(bb)for the words from "electronic Trade" to the end substitute "United Kingdom's import control system.";

(ii)in the second subparagraph for "TRACES", in both places it occurs, substitute "the United Kingdom's import control system";

(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 "Union" substitute "United Kingdom";

(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(3) as it had effect in EU law immediately before exit day must be accepted for the purposes of satisfying the requirements, including those in paragraph 1, for import into the United Kingdom notwithstanding that the certificate of inspection certifies compliance with requirements in Regulation (EC) No 834/2007(4) 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 exit day must not be accepted for the purposes of satisfying the requirements, including those in paragraph 1, for import into the United Kingdom where it certifies compliance with Regulation (EC) No 834/2007 as it has effect in the United Kingdom unless the competent authority has approved the control body to certify products to the United Kingdom 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 exit day and ends on 31st December 2020.".

(14) In Article 13a-

(a)in paragraph 1-

(i)for "TRACES", in both places it occurs, substitute "the United Kingdom'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 "the United Kingdom'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;

(c)in paragraph 3, for "TRACES" substitute "the United Kingdom's import control system";

(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 January 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 "the United Kingdom'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 the United Kingdom's import control system of operators, control authorities and control bodies. Before granting access rights to the United Kingdom's import control system, the competent authority must verify the identity of the operators, control authorities and control bodies concerned.";

(c)omit paragraph 3.

(17) In Article 13d, for "TRACES" substitute "The United Kingdom'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 the United Kingdom";

(iv)at the end insert-

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

(b)in paragraph 2-

(i)in the first subparagraph, for "suspensive customs" substitute "special";

(ii)in the first subparagraph, for "Regulation (EU) No 2913/92" substitute "the Taxation (Cross-border) Trade Act 2018";

(iii)in the first subparagraph, for the words from "submitted in" to "splitting" substitute "split";

(iv)in the second subparagraph-

(aa)for "TRACES" substitute "the United Kingdom's import control system";

(bb)omit "relevant Member State's", in each place it occurs;

(cc)after "circulation" insert "in the United Kingdom";

(dd)omit the final sentence.

(19) In Article 15-

(a)in paragraph 1-

(i)in the first subparagraph-

(aa)for "Union" substitute "United Kingdom";

(bb)after "834/2007", in the second place it occurs, insert ", or in relation to products to which paragraph 8 of Article 13 applies, Regulation (EC) No 834/2007 on organic production and labelling of organic products as it has effect in EU law from time to time,";

(ii)omit the second and third subparagraphs;

(b)in paragraph 2, in the second subparagraph-

(i)for "of the Member States concerned and of the" substitute "of both the United Kingdom and the";

(ii)omit "and, where appropriate, the Commission";

(c)in paragraph 3-

(i)for "a Member State" substitute "the United Kingdom";

(ii)for "Member States concerned" substitute "United Kingdom";

(iii)omit "and the Commission";

(d)in paragraph 4-

(i)for the words from "Commission after" to "informing it" substitute "Secretary of State";

(ii)for the words from "Commission and" to "initial communication" substitute "Secretary of State";

(iii)omit "by the Commission";

(iv)omit the second subparagraph;

(e)omit paragraph 5.

(20) In Article 16-

(a)in paragraph 1 -

(i)in the first subparagraph-

(aa)for "Commission" substitute "Secretary of State";

(bb)omit the words from "with the" to "of procedure";

(ii)in the second subparagraph-

(aa)for "Commission" substitute "Secretary of State";

(bb)for "Commission shall" substitute "Secretary of State may";

(b)omit paragraphs 2 to 4.

(21) In Article 17-

(a)in paragraph 1-

(i)omit "to the Commission or the Member States";

(ii)omit "by the Commission or the Member States";

(iii)omit the final sentence;

(b)in paragraph 2-

(i)in the first sentence, for "Commission" substitute "Secretary of State";

(ii)in the second sentence-

(aa)for "Commission" substitute "Secretary of State";

(bb)for the words from "Member States" to "countries" substitute "appropriate authorities";

(c)in paragraph 4, for "Commission and the Member States" substitute "Secretary of State";

(d)in paragraph 5, omit the words from "in accordance" to the end.

(22) After Article 17 insert-

"Article 17aRegulations

1.  This Article applies to powers in this Regulation to make provision by regulations.

2.  Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

3.  A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4.  Such regulations may-

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the same meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)make different provision for different purposes.

5.  Before making any regulations under this Regulation, the Secretary of State must consult-

(a)such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations;

(b)such other bodies or persons as the Secretary of State may consider appropriate.".

(23) Omit Title 5.

(24) After Article 21, omit the words from "This Regulation" to "Member States".

(25) In Annex 3, at the appropriate place insert-

"EUROPEAN UNION AND EEA STATES

1.  Product categories

2.  Origin: products of categories A, B, C and F and organically grown ingredients in products of category D and E that:

(a)have been grown in the European Union or an EEA state, or

(b)have been imported into the European Union or an EEA state and processed or packaged in the European Union or an EEA state in accordance with EU regulations.

3.  Production Standards: Regulation (EC) No 834/2007, Regulation (EC) No 889/2008(5) and Regulation (EC) No 1235/2008, as those Regulations have effect in EU law, as amended from time to time.

4.  Competent authority: the competent authority as appointed by each Member State in accordance with Regulation (EC) No 834/2007, as that Regulation has effect in EU law, as amended from time to time.

5.  Control bodies:

6.  Certificate issuing bodies: as at point 5.

7.  Duration of the inclusion: 31st December 2020.".

(26) In Annex 5-

(a)in the heading, for "EUROPEAN UNION" substitute "UNITED KINGDOM";

(b)for box 2 substitute-

(c)in the Notes-

(i)in the entry relating to box 2, after "834/2007" insert ", as it has effect in the United Kingdom or Regulation (EC) No 834/2007, as it has effect in the European Union,";

(ii)in the entry relating to box 3, for "electronic Trade Control and Expert System (TRACES)" substitute "United Kingdom's import control system";

(iii)in the entry relating to box 4-

(aa)after "834/2007" insert ", as it has effect in the United Kingdom, or Article 2(i) of Regulation (EC) No 834/2007, as it has effect in the European Union,";

(bb)after "889/2008" insert ", as it has effect in the United Kingdom or Article 34 of Regulation (EC) 889/2008, as it has effect in the European Union.";

(iv)in the entry relating to box 8, after "834/2007" insert ", as it has effect in the United Kingdom, or Article 2(i) of Regulation (EC) No 834/2007, as it has effect in the European Union,";

(v)in the entry relating to box 9, for the words from "country in" to the end substitute "United Kingdom";

(vi)in the entry relating to box 10, for the words from "the country" to the end substitute "the United Kingdom";

(vii)in the entry relating to box 11-

(aa)for "European Union" substitute "United Kingdom";

(bb)omit "into the Union";

(viii)in the entry relating to box 12, for "European Union" substitute "United Kingdom";

(ix)in the entry relating to box 19, omit "relevant Member State's";

(x)in the entry relating to box 20, omit "relevant Member State's".

(27) In Annex 6-

(a)in the heading, for "EUROPEAN UNION" substitute "UNITED KINGDOM";

(b)for box 2 substitute-

(c)in the Notes-

(i)in the entry relating to box 2, after "834/2007" insert ", as it has effect in the United Kingdom or Regulation (EC) No 834/2007, as it has effect in the European Union,";

(ii)in the entry relating to box 3, for "electronic Trade Control and Expert System (TRACES)" substitute "United Kingdom's import control system";

(iii)in the entry relating to box 9, for the words from "country in" to the end substitute "United Kingdom";

(iv)in the entry relating to box 10, for the words from "the country" to the end substitute "the United Kingdom";

(v)in the entry relating to box 11, for "European Union" substitute "United Kingdom";

(vi)in the entry relating to box 13, omit "relevant Member State's".

(28) Omit Annex 7.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (e) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to retained direct EU legislation relating to organic products. In accordance with Schedule 5 to the 2018 Act, these instruments will be published before exit day by the National Archives and available from legislation.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.