Memorandum by the Ministry of Agriculture,
Fisheries and Food
1999 (S.I. 1999/1513)
1. The Committee, by letter of 23rd June 1999
has requested that the Ministry submit a memorandum on the following
Regulation 2(3) provides that "Any
other expression used in these Regulations and in Regulation 2815/98
has, in so far as the context admits, the same meaning as it has
in that Regulation". Identify the other expressions and explain,
in each case, the need for the qualification in the underlined
2. In response the Ministry submits that interpretation
difficulties might occur if the qualification in terms of the
underlined words were omitted: for it could then be argued, on
a literal basis, that to interpret the Regulations properly the
reader would have to consider each word used therein which is
also used in Regulation 2815/98 and attempt to discern its meaning
from its use in the latter, irrespective of its context in the
former. Inclusion of the qualification means that in practice
the reader of the Regulations need only refer back to Regulation
2815/98 for the meaning of expressions used, but not specifically
defined, therein which appear to be terms of art.
3. Expressions which are considered to be terms
of art include "alphanumeric identification", "approval",
"designation of origin", "establishment",
"olive oil", "olive residue oil", and "undertaking".
4. So far as the terms of art themselves are
concerned, the qualification seeks to ensure that, if one or more
of the relevant expressions bear more than one meaning in the
Community instrument, the contextually appropriate meaning is
applied to the Regulations.
5. For example, the expression "designation
of origin" appears in regulation 4(1). It is submitted that
this expression as used in Article 1 of Regulation 2815/98 means
the act of designating origin, and in Article 2 it means the actual
origin mark which appears on packaging. In Article 3 the expression
is used to mean either the act of designating or the origin mark
depending on the context.
6. The first use of "designation of origin"
in paragraph (1) of regulation 4 is intended to bear only the
origin mark meaning, whereas the expression as used in sub-paragraph
(b) of regulation 4(1) is intended to connote both the act of
designating and the origin mark.
30th June 1999