The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Contents

1Title, commencement and application#

(1)The title of these Regulations is the Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.

(2)These Regulations, apart from this regulation and regulation 5, come into force on exit day.

(3)This regulation and regulation 5 come into force on the day after the day on which these Regulations are made.

(4)These Regulations apply in relation to Wales.

2The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009#

(1)The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009 ^note are amended as follows.

(2)In regulation 2(2), for “ “EU marketing rules” (“rheolau marchnata'r UE”)” substitute “ “marketing rules” (“rheolau marchnata”) ”.

(3)In the following provisions, for “EU marketing rules” substitute “ marketing rules ”

(a)regulation 2(2), in the definition of “horticultural produce”;

(b)regulation 3(2);

(c)regulation 4, paragraphs (4)(a), (5), (6), (7)(a) (in both places where it occurs), (7)(c) and (8);

(d)regulation 8, paragraphs (1)(f) and (2);

(e)regulation 9(1);

(f)regulation 10, paragraphs (1), (3) and (4);

(g)regulation 11(1), sub-paragraphs (a), (b), (c) and (d);

(h)regulation 12(2)(e);

(i)regulation 14, paragraphs (3)(a) and (5)(a)(ii);

(j)regulation 16(1)(c) (in both places where it occurs).

(4)In regulation 3(2), for “and Scotland inspection bodies or the European Commission” substitute “ or Scotland inspection bodies ”.

(5)In regulation 4—

(a)in paragraph (8), for “the European Union” substitute “Great Britain”;

(b)the heading becomes “ Marketing rules offences ”.

(6)In regulation 7(3)(a), omit paragraph (ii).

(7)In the Schedule, for “Member States” substitute “the appropriate authorities”.

3The Eggs and Chicks (Wales) Regulations 2010#

(1)The Eggs and Chicks (Wales) Regulations 2010 ^note are amended as follows.

(2)In regulation 3(1)—

(a)after the definition of “the Act”, insert—““the animal welfare regulations” (“y rheoliadau lles anifeiliaid”) means the Welfare of Farmed Animals (Wales) Regulations 2007 ^note.”

(b)omit the definition of “Council Directive 1999/74/EC”;

(c)omit the definition of “region”;

(d)for the definition of “region of production”, substitute—““region of production” (“rhanbarth cynhyrchu”), in relation to eggs produced at a production site in Wales, and marketed by the producer direct to a final consumer by door-to-door selling or at a local public market, means—a the area within a 80 kilometre radius of the boundary of the production site; andb any part of Wales that is outside that 80 kilometre radius;”

(3)For regulation 13(3) substitute—“3 The conditions are the conditions in the following provisions of Schedule 2 to the animal welfare regulations—a paragraph 2(d) (but not the requirement for perches not to have sharp edges and to be at least 15cm per hen);b paragraph 2(e);c paragraph 5;d paragraph 6(a);e paragraph 7(a).”

(4)For regulation 14(3) substitute—“3 The conditions are the conditions in the following provisions of Schedule 2 to the animal welfare regulations—a paragraph 2(d) (but not the requirement for perches not to have sharp edges and to be at least 15cm per hen);b paragraph 2(e);c paragraph 5;d paragraph 6(a);e paragraph 7(a).”

(5)In regulation 19—

(a)for paragraph (2) substitute—“2 The authorised officer may be accompanied by such other persons as the officer considers necessary.”

(b)omit paragraph (14).

(6)In Schedule 2, in part 2, in the table—

(a)in column 2, for the 21^st entry (that is, the entry corresponding to the entry for “Article 9(1)” in column 1) substitute—“Regulation 4 of the Registration of Establishments (Laying Hens) (Wales) Regulations 2004 ^note”

(b)in column 2, in the 26^th entry (that is, the entry corresponding to the entry for “Article 12(2), fourth sub-paragraph” in column 1), for “Chapter III of Council Directive 1999/74/EC” substitute “ Schedule 4 to the animal welfare regulations ”.

4The Beef and Veal Labelling (Wales) Regulations 2011#

(1)The Beef and Veal Labelling (Wales) Regulations 2011 ^note are amended as follows.

(2)In regulation 4—

(a)in paragraph (1)—

(i)before “EU legislation” insert “ retained direct ”;

(ii)in sub-paragraph (a)(vi), after “third countries)” insert “ , as read with Article 15za (transitional provisions) ”;

(iii)in sub-paragraph (b)(ii), after “(labelling)” insert “ (but see paragraph (4)) ”;

(iv)omit sub-paragraph (b)(viii);

(b)after paragraph (3) insert—“4 Paragraph (1)(b)(ii) does not apply in relation to a failure to comply with Article 2(2)(b) of Regulation (EC) No 1825/2000 of the European Parliament and the Council if the matter constituting the alleged contravention—a relates to a product that was placed on the market before the end of the period of 21 months beginning on the day on which IP completion day falls, andb would not have constituted a contravention of that Regulation as it applied immediately before IP completion day.”

(c)the heading becomes “ Offences under retained direct EU legislation ”.

(3)In regulation 6(2), omit “, including any representative of the European Commission”.

5The Reporting of Prices of Milk Products (Wales) Regulations 2011#

(1)The Reporting of Prices of Milk Products (Wales) Regulations 2011 ^note are amended as follows.

(2)In regulation 2—

(a)for the definition of “Commission Regulation”, substitute—““Commission Implementing Regulation” (“Rheoliad Gweithredu'r Comisiwn”) means Commission Implementing Regulation (EU) 2017/1185 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations ^note, and any reference to Annex I, Annex II and Annex III to the Commission Implementing Regulation means Annex I, Annex II and Annex III to the Commission Implementing Regulation as amended from time to time;”

(b)in the definition of “milk products”, for the words “Article 2(3)(a) of, and Annexes 1.A and 1.B to the Commission Regulation” substitute “ Point 7 of Annex I, Point 4 of Annex II and Point 9 of Annex III to the Commission Implementing Regulation ”.

(3)In regulation 3(1), for “Articles 2 and 3 of the Commission Regulation” substitute “ Articles 7, 11 and 12 of the Commission Implementing Regulation ”.

6 #

(1)The Reporting of Prices of Milk Products (Wales) Regulations 2011, as amended by regulation 5, are further amended on exit day as follows.

(2)In regulation 2—

(a)omit the definition of “Commission Implementing Regulation”;

(b)for the definition of “milk products” substitute—““milk products” (“cynhyrchion llaeth”) means whey powder, skimmed milk powder, whole milk powder, butter, cheeses (including commodity cheeses) and raw milk.”

(3)In regulation 3(1), omit “for the purposes of Articles 7, 11 and 12 of the Commission Implementing Regulation”.

7The Poultrymeat (Wales) Regulations 2011#

(1)The Poultrymeat (Wales) Regulations 2011 ^note are amended as follows.

(2)In regulation 2(1), for “ “European poultrymeat provision” (“darpariaeth cig dofednod Ewropeaidd”)” substitute “ “retained EU poultrymeat provision” (“darpariaeth cig dofednod yr UE a ddargedwir”) ”.

(3)In regulation 9(1) and (2)(a), for “European” substitute “ retained EU ”.

(4)In regulation 11(2), omit sub-paragraph (b) and the “and” immediately preceding it.

(5)In regulation 12—

(a)in paragraph (9)(a), for “the European Union” substitute “Great Britain”;

(b)omit paragraph (12).

(6)In regulation 14(1)(a), for “European” substitute “ retained EU ”.

(7)The heading to Schedule 1 becomes “ RETAINED EU POULTRYMEAT PROVISIONS CONTRAVENTION OF WHICH MAY RESULT IN THE ISSUING OF A COMPLIANCE NOTICE ”.

8The School Milk (Wales) Regulations 2017#

(1)The School Milk (Wales) Regulations 2017 ^note are amended as follows.

(2)In regulation 2(1)—

(a)before the definition of “applicant”, insert—““aid” (“cymorth”) means aid granted pursuant to Article 23(1) of the Council Regulation and in accordance with the Commission Delegated Regulation and Commission Implementing Regulation (but see regulation 5(A1));”

(b)in the definitions of “Commission Delegated Regulations” and “Commission Implementing Regulation”, for “Union aid” substitute “ aid ”;

(c)omit the definition of “national aid”;

(d)in the definition of “the residual costs”, for “Union aid and national aid” substitute “ aid ”;

(e)omit the definition of “Union aid”.

(3)Omit regulation 3.

(4)In regulation 4—

(a)for “national aid”, substitute “ aid ”;

(b)the heading becomes “ Additional aid for eligible pupils ”.

(5)In regulation 5—

(a)before paragraph (1), insert—“A1 In this regulation—a “aid” includes—i any aid granted before IP completion day pursuant to Article 23(1) of the Council Regulation as it applied before that day; andii any aid granted by the Welsh Ministers before IP completion day under regulation 3 of these regulations as it had effect before that day, andb “applicant” is to be construed accordingly.”

(b)in paragraph (1)—

(i)for “Union aid or national aid under regulation 3”, in each of the three places where it occurs, substitute “ aid ”;

(ii)for “Union aid or national aid under that regulation” substitute “ aid ”;

(c)the heading becomes “ Withholding and recovery of aid ”.

(6)In regulation 7(7), omit paragraph (a) and the “and” immediately following it.

(7)Omit regulation 9.

9The Carcase Classification and Price Reporting (Wales) Regulations 2018#

(1)The Carcase Classification and Price Reporting (Wales) Regulations 2018 ^note are amended as follows.

(2)In regulation 2(1)—

(a)in the definition of “classification”, for “European” substitute “ retained EU ” (in both places where it occurs);

(b)for “ “European beef provision” (“darpariaeth eidion Ewropeaidd”)” substitute “ “retained EU beef provision” (“darpariaeth eidion yr UE a ddargedwir”) ”;

(c)for “ “European pig provision” (“darpariaeth moch Ewropeaidd”)” substitute “ “retained EU pig provision” (“darpariaeth moch yr UE a ddargedwir”) ”.

(3)Omit regulation 7(2)(b).

(4)Omit regulation 13(2)(b).

(5)In regulation 15, for “European” substitute “ retained EU ”.

(6)In regulation 26—

(a)for “European” substitute “ retained EU ” (in both places where it occurs);

(b)the heading becomes “ Offences: retained EU beef provisions ”.

(7)In regulation 27—

(a)for “European” substitute “ retained EU ” (in each place where it occurs);

(b)the heading becomes “ Offences: retained EU pig provisions ”.

(8)In regulation 36(1), for “European” substitute “ retained EU ” (in both places where it occurs).

(9)In Schedule 1—

(a)in the heading to column 1 of the table, for “European” substitute “ retained EU ”;

(b)in the entry in the fourth row of column 3 of the table, for “Union” substitute “ United Kingdom ”;

(c)the heading becomes “ RETAINED EU PROVISIONS: BOVINE CARCASES ”.

(10)In Schedule 2—

(a)in the headings to column 1 of the tables in parts 1 and 2, for “European” substitute “ retained EU ”;

(b)in the table in part 1, in the entry in the third row of column 3, for “methods authorised by the Commission” substitute “ authorised methods ”;

(c)the heading becomes “ RETAINED EU PROVISIONS: PIG CARCASES ”.

Contains public sector information licensed under the Open Government Licence v3.0.