Amendments made: 31, page 2, line 30, leave out subsection (3).

The amendment omits subsection (3) of Clause 3, which is superseded by the subsection (4A) inserted by Amendment 32.

Amendment 32, page 3, line 10, at end insert—

“(4A) A manner of sale requirement is not within the scope of the mutual recognition principle unless subsection (4C) applies.

(4B) For this purpose a “manner of sale requirement” is a statutory requirement that governs any aspect of the circumstances or manner in which the goods are sold (such as where, when, by whom, to whom, or the price or other terms on which they may be sold).

(4C) A statutory requirement that—

(a) is worded as a manner of sale requirement, but

(b) appears to be designed artificially to avoid the operation of the mutual recognition principle in relation to what would otherwise be a requirement within the scope of that principle,

is to be regarded as a relevant requirement, despite subsection (4A).

This subsection would apply, for example, where a manner of sale requirement involves an unusually restrictive condition such that it would be impossible to comply with the condition and have a practical chance of selling the goods.”

The amendment makes clear that manner of sale requirements (as defined in the proposed subsection (4B)) are outside the scope of the mutual recognition principle. The only exception will be where a requirement appears to be designed artificially to present something that would otherwise be a relevant requirement in the form of a manner of sale requirement.

Amendment 19, page 3, line 11, leave out subsection (5). —(Paul Scully.)

The amendment is consequential on Amendment 21 which inserts into Clause 15 (interpretation of Part 1) a new subsection explaining references to production, in relation to plants or fungi or to livestock or other animals. The new general subsection supersedes Clause 3(5) which this amendment leaves out.