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The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 in England

S.I. 2020/1637 · Made 29 December 2020 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Agriculture

Food

Intellectual Property

Tribunals And Inquiries

Made at 1.10 p.m. on 29th December 2020

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred:

  1. (a)

    in relation to Part 2, and Part 1 so far as it relates to Part 2, by section 2(2) of the European Communities Act 1972 M1;

  2. (b)

    otherwise, by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M2.

As regards regulation 2, the Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to:

  1. (a)

    the common agricultural policy of the European Union M3;

  2. (b)

    food and drink intended for sale for human consumption, including the presentation, packaging, labelling, marketing and advertising of such food and drink M4;

  3. (c)

    intellectual property (including both registered and unregistered rights) M5.

In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

1972 c. 68 (“the ECA 1972”). Section 2(2) of the ECA 1972 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). The ECA 1972 is repealed on exit day by the European Union (Withdrawal) Act 2018 (c. 16) (“the EUWA 2018”), but continues to have effect until IP completion day pursuant to section 1A of the EUWA 2018, inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). For the meaning of “IP completion day” see section 39 of the European Union (Withdrawal Agreement) Act 2020. See Part 3 of Schedule 8 to the EUWA 2018 as regards savings and transitional provisions in respect of the ECA 1972.

M2

2018 c. 16, amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1).

M3

S.I. 1972/1811. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

M4

S.I. 2005/2766. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

M5

S.I. 2006/608. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of subordinate legislation: amendments coming into force in accordance with regulation 1(5)
  4. 2The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018
  5. Part 3: Amendment of subordinate legislation: amendments coming into force immediately before IP completion day
  6. 3The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
  7. 4The Food and Farming (Amendment) (EU Exit) Regulations 2019
  8. 5The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019
  9. 6The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019
  10. Part 4: Amendment of subordinate legislation: amendments coming into force on IP completion day
  11. Chapter 1: Amendment of subordinate legislation extending to the United Kingdom
  12. 7The Spirit Drinks Regulations 2008
  13. 8The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
  14. 9The Wine Regulations 2011
  15. Chapter 2: Amendment of subordinate legislation so far as it extends to Great Britain
  16. 10The Spirit Drinks Regulations 2008
  17. 11The Wine Regulations 2011
  18. 12The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018
  19. Part 5: Amendment of retained direct EU legislation
  20. 16Commission Regulation (EC) No 2870/2000
  21. 17Regulation (EC) No 110/2008 of the European Parliament and of the Council
  22. 18Regulation (EU) No 1151/2012 of the European Parliament and of the Council
  23. 19Commission Implementing Regulation (EU) No 716/2013
  24. 20Regulation (EU) No 1308/2013 of the European Parliament and of the Council
  25. 21Regulation (EU) No 251/2014 of the European Parliament and of the Council
  26. 22Commission Delegated Regulation (EU) No 664/2014
  27. 23Commission Implementing Regulation (EU) No 668/2014
  28. 24Commission Delegated Regulation (EU) 2018/273
  29. 25Commission Implementing Regulation (EU) 2018/274
  30. 26Commission Delegated Regulation (EU) 2019/33
  31. 27Commission Implementing Regulation (EU) 2019/34
  32. 28Regulation (EU) 2019/787 of the European Parliament and of the Council
  33. 29Commission Delegated Regulation (EU) 2019/934
  34. 30Commission Implementing Regulation (EU) 2019/935
  35. 31Regulation (EU) 2019/1753 of the European Parliament and of the Council
  36. 32Commission Implementing Regulation (EU) 2020/198
  37. Signature
  38. Schedule 1Regulation (EC) No 110/2008 of the European Parliament and of the Council: new Articles 25 to 25c
  39. Schedule 2: Regulation (EU) No 1151/2012 of the European Parliament and of the Council: new provisions
  40. 1Article 3: new definitions
  41. 2New Article 3a
  42. 3New Articles 14a and 14b
  43. 4New Article 52a
  44. 5New Title 5A
  45. 6New Article 56
  46. 7New Annexes 1A and 1B
  47. Schedule 3: Regulation (EU) No 1308/2013 of the European Parliament and of the Council: new provisions
  48. 1New Article 93a
  49. 2New Articles 102a and 102b
  50. 3New Annex 9A
  51. Schedule 4: Regulation (EU) No 251/2014 of the European Parliament and of the Council: new provisions
  52. 1Article 2: new points (4) to (19)
  53. 2New Article 9a
  54. 3New Articles 19a and 19b
  55. 4Article 21: new paragraphs 2 to 10
  56. 5New Articles 25a and 25b
  57. 6New Article 33
  58. 7Annex 1, point (5): new subparagraph
  59. 8New Annexes 2A and 2B
  60. Schedule 5: Commission Delegated Regulation (EU) No 664/2014: new provisions
  61. 1Article 6: new paragraphs 4 to 4o
  62. 2New Annex
  63. Schedule 6: Commission Implementing Regulation (EU) No 668/2014: new provisions
  64. 1Article 14: new paragraphs 3 to 3n and 4 to 6
  65. 2New Articles 14a and 14b
  66. Schedule 7: Commission Delegated Regulation (EU) 2018/273: new provisions
  67. 1Annex 6, Part 2, Section A: new template for the wine export certificate referred to in Article 12(1)(b)
  68. 2Annex 7: new Parts 1 and 2
  69. Schedule 8: Commission Delegated Regulation (EU) 2019/33: new provisions
  70. 1New Articles 1a and 1b
  71. 2Article 18: new paragraphs 1 to 1n
  72. 3New Articles 32a and 32b
  73. 4Chapter 3: new Section 6
  74. 5New Article 61
  75. 6New Annexes A1 and A2
  76. 7Annex 1: new Part A
  77. 8New Annexes 2 and 3
  78. Schedule 9: Commission Implementing Regulation (EU) 2019/34: new provisions
  79. 1New Article 1a
  80. 2Article 12: new paragraphs 2 to 2l
  81. 3New Article 12a
  82. 4New Article 25a
  83. Schedule 10: Regulation (EU) 2019/787 of the European Parliament and of the Council: new provisions
  84. 1Article 3: new points (8) to (15)
  85. 2New Chapter 4
  86. 3New Annex 2
  87. Explanatory note