
1 

(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.
2 
The Marketing of Fresh Horticultural Produce Regulations 2009 are amended as follows.
3 
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”.
4 
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”.
5 
In regulation 4(3), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.
6 
In regulation 8(2), for “Annex VI to Commission Regulation 1580/2007” substitute “Annex V to Commission Implementing Regulation 543/2011”.
7 
After Part 6 insert—“
PART 7
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.”.
8 
For the Schedule substitute the following—“
SCHEDULE
Regulation 4(3)


Column 1Relevant provision of Commission Implementing Regulation 543/2011 Column 2Provision of Commission Implementing Regulation 543/2011 to be read with the provision in column 1 Column 3Subject matter
Article 5(1) Annex I, Art 4(3), Art 5(2) to (4), Art 6, Art 7 General requirement for information particulars
Article 5(2) Annex I, Art 5(1), (3) and (4), Art 7 Requirements for information particulars in documents accompanying bulk shipments and goods loaded directly onto a means of transport
Article 5(3) Annex I, Art 5(1) and (4), Art 7 Requirement for information particulars in the case of distance contracts to be available before the purchase is concluded
Article 5(4) Annex I, Art 5(1) to (3), Art 7 Requirement for information particulars on invoices and accompanying documents
Article 6 Annex I, Art 4(3), Art 7 Requirement for information particulars at the retail stage
Article 7(1) Annex I, Art 4(3), Art 6, Art 7(2) and (3) Requirements for sale of mixes of different types of fruit and vegetables
Article 10(6) Art 10(1) to (5) Requirement for traders to provide information that Member States consider necessary for the database
Article 11(4) Art 11(1) to (3), Art 12, Art 14 and Annex III, Art 15 Requirement for traders to provide inspection bodies with all information required by them for organising and carrying out conformity checks
Article 17(3), final sub-paragraph Art 10, Art 17(1), (2) and the rest of (3), Annex V Requirement for traders to supply all information deemed necessary by the inspection body for method of inspection.”.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
26th October 2011