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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2020, ISBN 9780348214109

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Agriculture

Food

Intellectual Property

Tribunals And Inquiries

Made ***

Coming into force in accordance with regulation 1

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

(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 1972f1;

(b)

otherwise, by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f2.

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:

(a)

the common agricultural policy of the European Unionf3;

(b)

food and drink intended for sale for human consumption, including the presentation, packaging, labelling, marketing and advertising of such food and drinkf4;

(c)

intellectual property (including both registered and unregistered rights)f5.

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

Footnotes

f1

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 The ECA 1972 is repealed on exit day by the European Union (Withdrawal) Act 2018 (c. 16) (“the EUWA 2018”), but continues to have effect until IP completion day pursuant to section 1A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.

f2

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

f3

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.

f4

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.

f5

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. Chapter 3: Amendment of subordinate legislation so far as it extends to Northern Ireland
  20. 13The Spirit Drinks Regulations 2008
  21. 14The Wine Regulations 2011
  22. 15The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018
  23. Part 5: Amendment of retained direct EU legislation
  24. 16Commission Regulation (EC) No 2870/2000
  25. 17Regulation (EC) No 110/2008 of the European Parliament and of the Council
  26. 18Regulation (EU) No 1151/2012 of the European Parliament and of the Council
  27. 19Commission Implementing Regulation (EU) No 716/2013
  28. 20Regulation (EU) No 1308/2013 of the European Parliament and of the Council
  29. 21Regulation (EU) No 251/2014 of the European Parliament and of the Council
  30. 22Commission Delegated Regulation (EU) No 664/2014
  31. 23Commission Implementing Regulation (EU) No 668/2014
  32. 24Commission Delegated Regulation (EU) 2018/273
  33. 25Commission Implementing Regulation (EU) 2018/274
  34. 26Commission Delegated Regulation (EU) 2019/33
  35. 27Commission Implementing Regulation (EU) 2019/34
  36. 28Regulation (EU) 2019/787 of the European Parliament and of the Council
  37. 29Commission Delegated Regulation (EU) 2019/934
  38. 30Commission Implementing Regulation (EU) 2019/935
  39. 31Regulation (EU) 2019/1753 of the European Parliament and of the Council
  40. 32Commission Implementing Regulation (EU) 2020/198
  41. Signature
  42. Schedule 1Regulation (EC) No 110/2008 of the European Parliament and of the Council: new Articles 25 to 25c
  43. Schedule 2: Regulation (EU) No 1151/2012 of the European Parliament and of the Council: new provisions
  44. 1Article 3: new definitions
  45. 2New Article 3a
  46. 3New Articles 14a and 14b
  47. 4New Article 52a
  48. 5New Title 5A
  49. 6New Article 56
  50. 7New Annexes 1A and 1B
  51. Schedule 3: Regulation (EU) No 1308/2013 of the European Parliament and of the Council: new provisions
  52. 1New Article 93a
  53. 2New Articles 102a and 102b
  54. 3New Annex 9A
  55. Schedule 4: Regulation (EU) No 251/2014 of the European Parliament and of the Council: new provisions
  56. 1Article 2: new points (4) to (19)
  57. 2New Article 9a
  58. 3New Articles 19a and 19b
  59. 4Article 21: new paragraphs 2 to 10
  60. 5New Articles 25a and 25b
  61. 6New Article 33
  62. 7Annex 1, point (5): new subparagraph
  63. 8New Annexes 2A and 2B
  64. Schedule 5: Commission Delegated Regulation (EU) No 664/2014: new provisions
  65. 1Article 6: new paragraphs 4 to 4o
  66. 2New Annex
  67. Schedule 6: Commission Implementing Regulation (EU) No 668/2014: new provisions
  68. 1Article 14: new paragraphs 3 to 3n and 4 to 6
  69. 2New Articles 14a and 14b
  70. Schedule 7: Commission Delegated Regulation (EU) 2018/273: new provisions
  71. 1Annex 6, Part 2, Section A: new template for the wine export certificate referred to in Article 12(1)(b)
  72. 2Annex 7: new Parts 1 and 2
  73. Schedule 8: Commission Delegated Regulation (EU) 2019/33: new provisions
  74. 1New Articles 1a and 1b
  75. 2Article 18: new paragraphs 1 to 1n
  76. 3New Articles 32a and 32b
  77. 4Chapter 3: new Section 6
  78. 5New Article 61
  79. 6New Annexes A1 and A2
  80. 7Annex 1: new Part A
  81. 8New Annexes 2 and 3
  82. Schedule 9: Commission Implementing Regulation (EU) 2019/34: new provisions
  83. 1New Article 1a
  84. 2Article 12: new paragraphs 2 to 2l
  85. 3New Article 12a
  86. 4New Article 25a
  87. Schedule 10: Regulation (EU) 2019/787 of the European Parliament and of the Council: new provisions
  88. 1Article 3: new points (8) to (15)
  89. 2New Chapter 4
  90. 3New Annex 2
  91. Explanatory note