The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/788 |
2019 No. 788
EXITING THE EUROPEAN UNION
AGRICULTURE
FOOD
INTELLECTUAL PROPERTY
MEDICINES
TRIBUNALS AND INQUIRIES
The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019
Made 2ndApril 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8 of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).
In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
In accordance with paragraph 3(1) of Schedule 4 to that Act, the Treasury have consented to the making of regulations 17 and 18(2), Schedule 8 and Part 1 of Schedule 9.
In relation to Parts 2 and 3 of, and Schedules 1 to 7 to, this instrument, there has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(2).
PART 1
Introductory
Citation and commencement
1. These Regulations may be cited as the Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2
Amendment of subordinate legislation relating to food and drink
The Spirit Drinks Regulations 2008
2.—(1) The Spirit Drinks Regulations 2008(3) are amended as follows.
(2) In regulation 10—
(a) for paragraph (2) substitute—
“(2) The authorised officer may take with them such other person as they consider necessary.”;
(b) omit paragraph (14).
The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
3.—(1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(4) are amended as follows.
(2) In rule 1(3), insert in the appropriate alphabetical places—
““agricultural product or foodstuff decision” means a decision of the Secretary of State specified in the first column of the table in Annex 3 to Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs;”
““aromatised wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex 4 to Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products;”.
(3) In rule 22(6), after sub-paragraph (g), insert—
“(h) in an appeal against an agricultural product or foodstuff decision, within 28 days of the date on which the decision was published;
(i) in an appeal against an aromatised wine decision, within 28 days of the date on which the decision was published.”.
The Wine Regulations 2011
4.—(1) The Wine Regulations 2011(5) are amended as follows.
(2) In regulation 4—
(a) in paragraph (1) omit “, and acts as the Member State for,”;
(b) in paragraph (2)(a)(i) omit “or Member State”.
(3) For regulation 8(4) substitute—
“(4) An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.”.
The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018
5.—(1) The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018(6) are amended as follows.
(2) For regulation 3(2) substitute—
“(2) The Secretary of State is responsible for exercising the functions of the designated authority for the purposes of Articles 13(3), 24(2), 34 and 38.”.
(3) Omit regulation 5(1).
(4) For regulation 10(8) substitute—
“(8) An authorised officer may be accompanied by such other persons as the authorised officer considers necessary.”.
(5) Omit regulation 21.
PART 3
Amendment and revocation of retained direct EU legislation relating to food and drink
Commission Regulation (EC) No 2870/2000
6.—(1) Commission Regulation (EC) No 2870/2000 laying down Community reference methods for the analysis of spirits drinks is amended as follows.
(2) In Article 3—
(a) in the words before point (a)—
(i) omit “Community”;
(ii) after “down” insert “in retained EU law”;
(b) in point (a), for “the Annex to Directive 85/591/EEC” substitute “Annex 3 to Regulation (EC) No 882/2004 of the European Parliament and of the Council”;
(c) in point (d), in the first indent—
(i) at the beginning insert “in relation to an official control,”;
(ii) for “Member State concerned” substitute “appropriate authority, by administrative decision, on a case by case basis”;
(d) after the existing paragraph insert—
“In this Article ‘the appropriate authority’ means:
(a) in relation to England, the Secretary of State;
(b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
(c) in relation to Scotland, the Scottish Ministers;
(d) in relation to Wales, the Welsh Ministers.”.
(3) In Article 4, after point (c) insert—
“(d) ‘Regulation 110/2008': means Regulation (EC) No 110/2008 of the European Parliament and of the Council.”.
(4) After Article 5 omit the words from “This Regulation” to “Member States.”.
(5) In the Annex—
(a) in Part 3(1) (general remarks relating to the determination of volatile substances and methanol of spirit drinks)—
(i) in point 1, in the words before point 1, for “Regulation (EEC) No 1576/89” substitute “Regulation 110/2008”;
(ii) in point 2, in the second subparagraph, for “Regulation (EEC) No 1576/89” substitute “Regulation 110/2008”;
(b) in Part 6 (determination of glycyrrhizic acid using high performance liquid chromatography), in point 1, for “Regulation (EEC) No 1576/89” substitute “Regulation 110/2008”;
(c) in Part 7 (high-performance liquid chromatography method for verifying the presence of chalcones in pastis), in point 1, in the second subparagraph, for “Regulation (EEC) No 1576/89” substitute “Regulation 110/2008”.
Regulation (EU) No 1151/2012 of the European Parliament and of the Council
7.—(1) Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs is amended as follows.
(2) In Article 1—
(a) at the end of point (b) insert “and”;
(b) at the end of point (c) omit “and”;
(c) omit point (d).
(3) In Article 2—
(a) in paragraph 1, in the second subparagraph, for the words from “Commission” to “Article 56,” substitute “Secretary of State may make regulations”;
(b) in paragraph 2, for “Annex XIb to Regulation (EC) No 1234/2007” substitute “Part 2 of Annex 7 to Regulation 1308/2013”;
(c) in paragraph 3—
(i) for “Union provisions” substitute “provisions in retained EU law”;
(ii) for “the single common organisation of the markets, and” substitute “provisions in, or under, Regulation 1308/2013 and provisions relating”;
(d) omit paragraph 4.
(4) In Article 3—
(a) in point (6), for “Union” substitute “United Kingdom”;
(b) after point (8) insert the points in Part 1 of Schedule 1.
(5) In Article 4(b), for “Union” substitute “United Kingdom”.
(6) In Article 5(4)—
(a) in the first subparagraph, for the words from “Commission” to “Article 56,” substitute “Secretary of State may make regulations”;
(b) in the second subparagraph, for the words from “Commission” to “Article 56,” substitute “Secretary of State may make regulations”.
(7) In Article 7—
(a) in paragraph 1(e) omit the words from “, taking into account” to the end of that point;
(b) in paragraph 2—
(i) in the first subparagraph, for the words from “Commission” to “Article 56,” substitute “Secretary of State may make regulations”;
(ii) in the second subparagraph—
(aa) for “Commission may adopt implementing acts” substitute “Secretary of State may make regulations”;
(bb) omit the second sentence.
(8) In Article 8—
(a) in paragraph 1, in the words before point (a), for “49(2) or (5)” substitute “49”;
(b) omit paragraph 2.
(9) Omit Article 9.
(10) In Article 10—
(a) in paragraph 1, in the words before point (a), for “Commission” substitute “Secretary of State”;
(b) in paragraph 2, for “Union” substitute “United Kingdom”.
(11) In Article 11—
(a) for paragraph 1, for the words from “Commission” to “maintaining” substitute “Secretary of State must establish and maintain”;
(b) in paragraph 2, for “Union”, in both places it occurs, substitute “United Kingdom”;
(c) in paragraph 3—
(i) for “Commission may adopt implementing acts” substitute “Secretary of State may make regulations”;
(ii) omit the second sentence;
(d) in paragraph 4, for “Commission” substitute “Secretary of State”.
(12) In Article 12—
(a) in paragraph 2 omit “Union”;
(b) in paragraph 4, for “Member State” substitute “United Kingdom or third country, as relevant, in which that geographical area of origin is located”;
(c) in paragraph 5, for the words from “Directive 2000/13/EC” to “Directive 2008/95/EC” substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, the collective geographical marks registered under the Trade Marks Act 1994(7)”;
(d) in paragraph 6 omit “Union”;
(e) in paragraph 7—
(i) in the first subparagraph—
(aa) for the words from “Commission” to “Article 56,” substitute “Secretary of State may make regulations”;
(bb) omit “Union”;
(ii) in the second subparagraph—
(aa) for “Commission may adopt implementing acts” substitute “Secretary of State may make regulations”;
(bb) omit “Union”;
(cc) omit the second sentence.
(13) In Article 13(3)—
(a) in the first subparagraph—
(i) for “Member States” substitute “The designated authority”;
(ii) for “that Member State” substitute “the United Kingdom”;
(b) omit the second subparagraph.
(14) In Article 14(1)—
(a) in the first subparagraph, for “Commission” substitute “Secretary of State”;
(b)...
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