# The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019

Draft 2019, ISBN 9780111186213

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. In particular, the Regulations address the deficiency specified in section 8(2)(b) of that Act, namely the conferral of functions by retained EU law on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom.

Made under: European Union (Withdrawal) Act 2018 (Section 8)

PDFs: Printed copy https://openlegislation.uk/draft-food-and-feed-hygiene-and-safety-miscellaneous-amendments-eu-exit-regulations-2019/pdf/ukdsi_9780111186213_en.pdf; UK Draft Explanatory Memorandum https://openlegislation.uk/draft-food-and-feed-hygiene-and-safety-miscellaneous-amendments-eu-exit-regulations-2019/pdf/ukdsiem_9780111186213_en.pdf

## Introductory text

This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 18th March 2019 and published on 18th March 2019 (ISBN 9780111184172). It is being issued free of charge to all known recipients of that draft Statutory Instrument.
Draft Regulations laid before Parliament under paragraph 1(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
Made
Coming into force in accordance with regulation 2
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018.
In accordance with paragraph 1(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.
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 there has been open and transparent public consultation during the preparation of these Regulations.

## Part 1: Introduction

## 1 Citation and commencement

These Regulations may be cited as the Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019.

## 2 Citation and commencement

These Regulations come into force on the later of exit day or the day after the day on which they are made.

## Part 2: Amendment of subordinate legislation

## 3 Amendment of the Food Hygiene Regulations (Northern Ireland) 2006

The Food Hygiene Regulations (Northern Ireland) 2006 are amended as follows.

## 4 Amendment of the Food Hygiene Regulations (Northern Ireland) 2006

In regulation 17—
(a) in paragraph (1)—
(i) before “(4)”, for “paragraph” substitute “paragraphs”;
(ii) after “(4)” insert “and (5)”;
(b) after paragraph (4), insert—
“(5) A person is to be considered not to have contravened or failed to comply with Article 5(1) of Regulation 853/2004 if the health mark or identification mark that constitutes the alleged contravention or failure to comply would not have constituted a contravention or failure to comply with that Article as it applied immediately before exit day, provided the health mark or identification mark is applied before the end of the period of 21 months beginning with the day after the day on which exit day falls.”.

## 5 Amendment of the Fishery Products (Official Controls Charges) (England) Regulations 2007

The Fishery Products (Official Controls Charges) (England) Regulations 2007 are amended as follows.

## 6 Amendment of the Fishery Products (Official Controls Charges) (England) Regulations 2007

In regulation 2—
(a) for the definition “third country” substitute—
““third country”, except in the expression “third country import”, means a country or state other than the United Kingdom;”;
(b) for the definition “third country import” substitute—
““third country import” means an import in respect of which a charge is payable pursuant to Regulation 882/2004;”.

## 7 Amendment of the Fishery Products (Official Controls Charges) (England) Regulations 2007

For regulation 4 substitute—
“4. Any reference in these Regulations to a specified number of Euros (“EUR”) is to be read as that sum converted into pounds sterling (“GBP”) using the exchange rate of GBP1 = EUR1.1413.”.

## 8 Amendment of the Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007

The Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007 are amended as follows.

## 9 Amendment of the Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007

In regulation 2—
(a) for the definition “third country” substitute—
““third country”, except in the expression “third country import”, means a country or state other than the United Kingdom;”;
(b) for the definition “third country import” substitute—
““third country import” means an import in respect of which a charge is payable pursuant to Regulation 882/2004;”.

## 10 Amendment of the Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007

For regulation 4 substitute—
“4. Any reference in these Regulations to a specified number of Euros (“EUR”) is to be read as that sum converted into pounds sterling (“GBP”) using the exchange rate of GBP1 = EUR1.1413.”.

## 11 Amendment of the Food Irradiation (England) Regulations 2009

The Food Irradiation (England) Regulations 2009 are amended as follows.

## 12 Amendment of the Food Irradiation (England) Regulations 2009

In regulation 3(1)—
(a) in the definition “import”, for “another member State or from a country outside the European Union” substitute “outside the United Kingdom”;
(b) in the definition “official reference number” for “the reference number allocated by the member State in connection with its approval as an irradiation facility (being the number shown for it in the list in Schedule 3)” substitute “the number shown for it in the list in Schedule 3”.

## 13 Amendment of the Food Irradiation (England) Regulations 2009

In regulation 5(1)—
(a) for sub-paragraph (b) substitute—
“(b) it has been irradiated in one of the facilities listed in the Table in Schedule 3 or Schedule 4;”;
(b) in sub-paragraph (d), in the opening words, for “another” substitute “a”.

## 14 Amendment of the Food Irradiation (England) Regulations 2009

For the heading to Schedule 3 substitute—
“List of Facilities in member States and the United Kingdom”.

## 15 Amendment of the Food Irradiation Regulations (Northern Ireland) 2009

(1) The Food Irradiation Regulations (Northern Ireland) 2009 are amended as follows.
(2) In regulation 3(1)—
(a) in the definition “import”, for “another member State or from a country outside the European Union” substitute “outside the United Kingdom”;
(b) omit the definition of “member State”;
(c) in the definition “official reference number” for “the reference number allocated by the member State in connection with its approval as an irradiation facility (being the number shown for it in the list in Schedule 3)” substitute “the number shown for it in the list in Schedule 3”.
(3) In regulation 5—
(a) in paragraph (1) for sub-paragraph (b) substitute—
“(b) it has been irradiated in one of the facilities listed in the Table in Schedule 3 or Schedule 4;”;
(b) in paragraph (2), in the opening words, for “another” substitute “a”.
(4) For the heading to Schedule 3 substitute—
“LIST OF FACILITIES IN MEMBER STATES AND THE UNITED KINGDOM”.

## 16 Amendment of the Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 2011

The Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 2011 are amended as follows.

## 17 Amendment of the Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 2011

In regulation 3(2) insert “United Kingdom” after “the” and before “market”.

## 18 Amendment of the Food Safety (Sampling and Qualifications) (England) Regulations 2013

The Food Safety (Sampling and Qualifications) (England) Regulations 2013 are amended as follows.

## 19 Amendment of the Food Safety (Sampling and Qualifications) (England) Regulations 2013

In Schedule 2—
(a) in Part 1, in paragraph 6, for “another Member State” substitute “a Member State of the European Union”;
(b) in Part 2—
(i) in paragraph 2, for “another Member State” substitute “a Member State of the European Union”;
(ii) in paragraph 4, for “another Member State” substitute “a Member State of the European Union”.

## 20 Amendment of the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013

The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 are amended as follows.

## 21 Amendment of the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013

In Schedule 2—
(a) in Part 1, in paragraph 6, for “another Member State” substitute “a Member State of the European Union”;
(b) in Part 2—
(i) in paragraph 2, for “another Member State” substitute “a Member State of the European Union”;
(ii) in paragraph 4, for “another Member State” substitute “a Member State of the European Union”.

## 22 Amendment of the Food Safety and Hygiene (England) Regulations 2013

The Food Safety and Hygiene (England) Regulations 2013 are amended as follows.

## 23 Amendment of the Food Safety and Hygiene (England) Regulations 2013

In regulation 19—
(a) in paragraph (1), for “(8)” substitute “(9)”;
(b) after paragraph (8), insert—
“(9) A person is to be considered not to have contravened or failed to comply with Article 5(1) of Regulation 853/2004 if the health mark or identification mark that constitutes the alleged contravention or failure to comply would not have constituted a contravention or failure to comply with that Article as it applied immediately before exit day, provided the health mark or identification mark is applied before the end of the period of 21 months beginning with the day after the day on which exit day falls.”.

## Part 3: Amendment of retained direct EU legislation

## 24 Amendment of Council Regulation (EEC) No. 315/93 laying down Community procedures for contaminants in food

Council Regulation (EEC) No. 315/93 laying down Community procedures for contaminants in food is amended as follows.

## 25 Amendment of Council Regulation (EEC) No. 315/93 laying down Community procedures for contaminants in food

In Article 2(7)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 26 Amendment 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

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 is amended as follows.

## 27 Amendment 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

In Article 3, at the end insert—
“21. “Northern Ireland devolved authority” means the Department of Health or the Department of Agriculture, Environment and Rural Affairs.”.

## 28 Amendment 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

In Article 18(16) omit “annulment in pursuance of a”.

## 29 Amendment of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed

Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed is amended as follows.

## 30 Amendment of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed

In Article 35(4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 31 Amendment of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition

Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition is amended as follows.

## 32 Amendment of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition

In Article 18A(4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 33 Amendment of Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods

Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods is amended as follows.

## 34 Amendment of Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods

In Article 3(5)(b), for “Scotland;”” substitute “Scotland;”.

## 35 Amendment of Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods

In Article 7(2), after subparagraph (b) insert—
“(c) The appropriate authority must inform the Authority of the application without delay and make the application and any supporting information supplied by the applicant available to the Authority.”.

## 36 Amendment of Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods

In Article 19A(3)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 37 Amendment of Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs

Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs is amended as follows.

## 38 Amendment of Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs

In Article 14(4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 39 Amendment of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin

Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin is amended as follows.

## 40 Amendment of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin

In Article 12(4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 41 Amendment of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin

In Annex 2, Section 1, Part B, paragraph 7, for “abbreviation “UK” or” substitute “abbreviation “UK” or “GB” or”.

## 42 Amendment of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption is amended as follows.

## 43 Amendment of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

In Article 15(2)(b)(ii), in the third indent, for “retained EU law” substitute “United Kingdom requirements”.

## 44 Amendment of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

In Article 19(4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 45 Amendment of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

In Annex 1, Section 1, Chapter 3, paragraph 3, for “abbreviation “UK” or” substitute “abbreviation “UK” or “GB” or”.

## 46 Amendment of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

In Annex 1, Section 3, Chapter 2, in paragraph 3(e), insert at the end “This concerns animals susceptible to the particular disease in question that come from the particular region as defined in Article 2 of Council Directive 64/432/EEC;”.

## 47 Amendment of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

In Annex 3, Chapter 1, for paragraph 2(c) substitute—
“(c) may, if necessary, when the competent authority is carrying out the official control on a vessel flying the flag of the United Kingdom, be carried out while the vessel is at sea or when it is in a port in a third country.”.

## 48 Amendment of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

In Annex 6, for paragraph 2 substitute—
“2. Certificates must be drawn up in English or in English and Welsh, or be accompanied by a certified translation into English or into English and Welsh.”.

## 49 Amendment of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules is amended as follows.

## 50 Amendment of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

In Article 63A—
(a) in paragraph (1)(c), for “Northern Ireland devolved authority” substitute “appropriate authority for Northern Ireland”;
(b) in paragraph (4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”;
(c) in paragraph 5(d), for “Northern Ireland devolved authority” substitute “Department of Health or the Department of Agriculture, Environment and Rural Affairs”.

## 51 Amendment of Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC

Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC is amended as follows.

## 52 Amendment of Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC

In Article 23A(4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 53 Amendment to Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene

Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene is amended as follows.

## 54 Amendment to Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene

In Article 31A(4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 55 Amendment of Commission Regulation (EC) No. 378/2005 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives

Commission Regulation (EC) No. 378/2005 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives is amended as follows.

## 56 Amendment of Commission Regulation (EC) No. 378/2005 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives

In Article 4(8)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 57 Amendment of Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs

Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs is amended as follows.

## 58 Amendment of Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs

In Article 2(g) omit “, including sprouts,”.

## 59 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 is amended as follows.

## 60 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In the heading to Article 6c, for “Member States entering the Union” substitute “the United Kingdom entering the United Kingdom”.

## 61 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In Article 6c (1)—
(a) for “a Member State” substitute “the United Kingdom”;
(b) for “Union” substitute “United Kingdom”.

## 62 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In Article 7—
(a) in paragraph 1—
(i) in the opening words, for “foods that, in the Member State in which they are traditionally manufactured, are;” substitute “foods that are traditionally manufactured in the United Kingdom and are—”;
(ii) in subparagraph (c), omit “Community,”;
(b) in paragraph 2, in the opening words, for “Member States” substitute “The appropriate authority”;
(c) omit paragraph 3.

## 63 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

After Article 10, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

## 64 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In Annex 1, in Section 2—
(a) in Chapter 1, omit paragraph 3;
(b) in Chapter 2—
(i) in paragraph 1, for “same Member State” substitute “United Kingdom”;
(ii) omit paragraph 2.

## 65 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In Annex 2, in Section 2, Chapter 1—
(a) for paragraph 1(d), substitute—
“(d) 60 mg of nitrogen/100 g of whole fishery products used directly for the preparation of fish oil for human consumption as referred to in the second sub-paragraph of Part B(1) of Chapter IV of Section VIII of Annex III to Regulation (EC) No. 853/2004; however, where the raw material complies with points (a), (b) and (c) of Part B(1) of that Chapter, pending the making of relevant regulations under Article 11(9) of Regulation (EC) No. 853/2004, nothing in this Regulation prevents the appropriate authority from using any powers it has to make subordinate legislation to set limits at a higher level for certain species.”;
(b) in the second paragraph of paragraph 4, for “Member States” substitute “Competent authorities”.

## 66 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In Annex 3, in Chapter 3—
(a) in Part A—
(i) in point (2), for “EFSA” substitute “the Food Safety Authority”;
(ii) in point (3), for “EFSA” substitute “the Food Safety Authority”;
(b) in Part C, for “programmes elaborated by the Member States” substitute “programme”.

## 67 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

Omit Annex 5.

## 68 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In Annex 6—
(a) in the Appendices, for “EU” substitute “United Kingdom” in each place it occurs;
(b) in Appendix 4, in the Notes, in Part 2—
(i) in note (1), for “Union legislation” substitute “retained EU law”;
(ii) in note (5), for “Union” substitute “United Kingdom”;
(iii) in note (6)—
(aa) for “a Member State” substitute “the United Kingdom”;
(bb) omit the sentence that begins “Data on the disease”;
(c) in Appendix 5—
(i) in the health attestation—
(aa) in the heading to point 2.2.2, for “a Member State” substitute “the United Kingdom”;
(bb) in point 2.2.3.3, for “Community” substitute “United Kingdom”;
(ii) in the Notes, in Part 2—
(aa) in note (1), for “Community legislation” substitute “retained EU law”;
(bb) in note (5), for “Community” substitute “United Kingdom”;
(cc) in note (6), for “a Member State” substitute “the United Kingdom”;
(dd) in note (6), omit the sentence that begins “Data on the disease”;
(d) in the heading to Appendix 7, for “European Union” substitute “United Kingdom”;
(e) in Appendix 7—
(i) in the public health attestation, in the first indent—
(aa) for “European Union” substitute “United Kingdom”;
(bb) omit “(being “EU-listed”)”;
(ii) in the Notes part 1, in the third indent, for “Member State of destination” substitute “United Kingdom”;
(f) in the heading to Appendix 8, for “a Member State” substitute “the United Kingdom”;
(g) in Appendix 8—
(i) in Part 2.1—
(aa) in the first indent, for “from the approved/registered vessel(s)... (indicate approval/registration number(s) and name of the flag Member State(s))” substitute “from the approved/registered vessels flying the flag of the United Kingdom… (indicate approval/registration numbers)”;
(bb) in the third indent, for “Member State(s)” substitute “United Kingdom” in both places it occurs;
(ii) in the Notes, in Part 1, in the second indent, for “Member State” substitute “United Kingdom”.

## 69 Amendment of Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004

In Annex 6b (1)(f) omit “situated within the territory of the same Member State,”.

## 70 Amendment of Commission Regulation (EC) No. 282/2008 on recycled plastic materials and articles intended to come into contact with foods and amending Regulation (EC) No. 2023/2006

Commission Regulation (EC) No. 282/2008 on recycled plastic materials and articles intended to come into contact with foods and amending Regulation (EC) No. 2023/2006 is amended as follows.

## 71 Amendment of Commission Regulation (EC) No. 282/2008 on recycled plastic materials and articles intended to come into contact with foods and amending Regulation (EC) No. 2023/2006

In Article 6A—
(a) in paragraph (1)(c), for “Northern Ireland devolved authority” substitute “Department of Health”;
(b) in paragraph (4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”;
(c) in paragraph 5(d), for “Northern Ireland devolved authority” substitute “Department of Health”.

## 72 Amendment of Council Regulation (EC) No. 733/2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station

Council Regulation (EC) No. 733/2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station is amended as follows.

## 73 Amendment of Council Regulation (EC) No. 733/2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station

In Article 5A—
(a) in paragraph 1, at the end insert—
“(f) “the Northern Ireland devolved authority” means the Department of Health or the Department of Agriculture, Environment and Rural Affairs.”;
(b) in paragraph 5(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 74 Amendment of Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings

Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings is amended as follows.

## 75 Amendment of Regulation (EC) No. 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings

In Article 14A(3)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 76 Amendment of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No. 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No. 258/97

Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No. 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No. 258/97 is amended as follows.

## 77 Amendment of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No. 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No. 258/97

In Article 15A—
(a) in paragraph 3(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”;
(b) at the end insert—
“5. In this Regulation “Northern Ireland devolved authority” means the Department of Health.”.

## 78 Amendment of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives

Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives is amended as follows.

## 79 Amendment of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives

In Article 28A—
(a) in paragraph 3(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”;
(b) at the end insert—
“5. In this Regulation “Northern Ireland devolved authority” means the Department of Health”.

## 80 Amendment of Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC

Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC is amended as follows.

## 81 Amendment of Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC

In Article 21A—
(a) in paragraph 3(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”;
(b) at the end insert—
“5. In this Regulation “Northern Ireland devolved authority” means the Department of Health.”.

## 82 Amendment of Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC

Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC is amended as follows.

## 83 Amendment of Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC

In Article 28A(3)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 84 Amendment of Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food

Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food is amended as follows.

## 85 Amendment of Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food

In Article 5A—
(a) in paragraph (1)(c), for “Northern Ireland devolved authority” substitute “Department of Health”;
(b) in paragraph (4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”;
(c) in paragraph 5(d), for “Northern Ireland devolved authority” substitute “Department of Health”.

## 86 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat is amended as follows.

## 87 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Article 1(3), omit “in a Member States,”.

## 88 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Article 2(3)(c), for “territory of the Member State” substitute “United Kingdom”.

## 89 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Article 3—
(a) in paragraph (3)—
(i) in subparagraph (a), omit “in the Member State”;
(ii) at the end of subparagraph (b), omit “or”;
(iii) omit subparagraph (c);
(b) for paragraph (4) substitute—
“4. When carcasses and meat of domestic swine are exempt from Trichinella examination pursuant to a derogation under Article 3(3), the competent authority must collect the information referred to in Chapter 2 of Annex 4 and must maintain a list of holdings and compartments to which the derogation applies.”.

## 90 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Article 6(2), omit “or the EU reference laboratory”.

## 91 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In the opening words of Article 7, for “The competent authorities of the Member States” substitute “The competent authority”.

## 92 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

Omit Article 8(2).

## 93 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Article 11, in the third paragraph, for “EU” substitute “national”.

## 94 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

Omit Article 12(2)(e).

## 95 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Article 13—
(a) in paragraph (1), for “Union” substitute “United Kingdom”;
(b) in the opening words of paragraph (2), for “Commission” substitute “competent authority”.

## 96 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Article 14—
(a) omit paragraph (1);
(b) in paragraph (2), for “Union” substitute “United Kingdom”;
(c) in paragraph (3), for “Union” substitute “United Kingdom”;
(d) in paragraph (4), for “Union” substitute “United Kingdom”;
(e) in paragraph (5), for “Union” substitute “United Kingdom”.

## 97 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

After Article 16, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

## 98 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Annex 1—
(a) in Chapter 1(3)(3) (positive or doubtful results), in the third paragraph omit “EU or”;
(b) in Chapter 2(D)(3)(3) (positive or doubtful results), in the fourth paragraph omit “EU or”.

## 99 Amendment of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat

In Annex 4—
(a) in Chapter 1(C), for “The competent authorities in Member States” substitute “The competent authority”;
(b) in Chapter 2 omit subparagraph (a).

## 100 Amendment of Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, amending Regulation (EU) No. 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No. 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No. 1852/2001

Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, amending Regulation (EU) No. 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No. 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No. 1852/2001 is amended as follows.

## 101 Amendment of Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, amending Regulation (EU) No. 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No. 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No. 1852/2001

In Article 32A(4)(d) for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 102 Amendment of Council Regulation (Euratom) 2016/52 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No. 3954/87 and Commission Regulations (Euratom) No. 944/89 and (Euratom) No. 770/90

Council Regulation (Euratom) 2016/52 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No. 3954/87 and Commission Regulations (Euratom) No. 944/89 and (Euratom) No. 770/90 is amended as follows.

## 103 Amendment of Council Regulation (Euratom) 2016/52 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No. 3954/87 and Commission Regulations (Euratom) No. 944/89 and (Euratom) No. 770/90

In Article 5A(4)(d) for “being a” substitute “of the Northern Ireland Assembly, subject to”.

## 104 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC is amended as follows.

## 105 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Article 1, in the opening words, for “Member States are” substitute “the appropriate authority is”.

## 106 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Article 2, for “Union” substitute “United Kingdom” in both places it occurs.

## 107 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Article 3—
(a) for “Member States are to authorise the transit through the Union” substitute “the appropriate authority is to authorise the transit through the United Kingdom”;
(b) for “storage in the Union” substitute “storage in the United Kingdom”.

## 108 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Article 4, for “Union” substitute “United Kingdom” in both places it occurs.

## 109 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

Omit Article 5.

## 110 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

After Article 9, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

## 111 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Annex 1, Part 4, Section A, for “Union” substitute “United Kingdom”.

## 112 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Annexes 2, 3 and 4, for “EU” substitute “United Kingdom” in each place it occurs.

## 113 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Annex 2, Part 5—
(a) for “European Union” substitute “United Kingdom” in each place it occurs, except where it occurs in the title to European Union legislation;
(b) for “Union” substitute “United Kingdom”.

## 114 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Annex 3, in the heading, for “Union” substitute “United Kingdom”.

## 115 Amendment of Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC

In Annex 4—
(a) in point (a), in the third paragraph, for “Member State of destination” substitute “United Kingdom”;
(b) for point (e), substitute—
“(e) The certificate must be drawn up in English or in English and Welsh, or be accompanied by a certified translation into English or into English and Welsh.”.

## 116 Amendment of Commission Implementing Regulation (EU) 2016/1843 on transitional measures for the application of Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella

Commission Implementing Regulation (EU) 2016/1843 on transitional measures for the application of Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella is amended as follows.

## 117 Amendment of Commission Implementing Regulation (EU) 2016/1843 on transitional measures for the application of Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella

After Article 3, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

## 118 Amendment of Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council

Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council is amended as follows.

## 119 Amendment of Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council

In Article 3(1), in the second paragraph, for “Member State of import” substitute “United Kingdom”.

## 120 Amendment of Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council

In Article 3(2), in the second paragraph, for “Member State of import” substitute “United Kingdom”.

## 121 Amendment of Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council

In Article 4, in the second paragraph, for “Member State of import” substitute “United Kingdom”.

## 122 Amendment of Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council

After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

## 123 Amendment of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC

Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC is amended as follows.

## 124 Amendment of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC

In Article 101A—
(a) in paragraph (1)(c), for “Northern Ireland devolved authority” substitute “appropriate authority for Northern Ireland”;
(b) in paragraph (4)(d), for “being a” substitute “of the Northern Ireland Assembly, subject to”;
(c) in paragraph 5(d), for “Northern Ireland devolved authority” substitute “Department of Health or the Department of Agriculture, Environment and Rural Affairs”.

## 125 Amendment of Commission Implementing Decision (EU) 2018/2045

Commission Implementing Decision (EU) 2018/2045 renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize NK603 × MON 810 (MON-ØØ6Ø3-6 × MON-ØØ81Ø-6) pursuant to Regulation (EC) No. 1829/2003 of the European Parliament and of the Council is amended as follows.

## 126 Amendment of Commission Implementing Decision (EU) 2018/2045

In Article 5(2), for “Commission” substitute “Food Safety Authority”.

## 127 Amendment of Commission Implementing Decision (EU) 2018/2045

For the heading to Article 6, substitute “Register”.

## 128 Amendment of Commission Implementing Decision (EU) 2018/2045

In Article 6, omit “Community”.

## 129 Amendment of Commission Implementing Decision (EU) 2018/2046

Commission Implementing Decision (EU) 2018/2046 authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122, and genetically modified maize combining two, three or four of the single events MON 87427, MON 89034, 1507, MON 88017 and 59122 and repealing Decision 2011/366/EU is amended as follows.

## 130 Amendment of Commission Implementing Decision (EU) 2018/2046

In Article 5(2), for “Commission” substitute “Food Safety Authority”.

## 131 Amendment of Commission Implementing Decision (EU) 2018/2046

For the heading to Article 6, substitute “Register”.

## 132 Amendment of Commission Implementing Decision (EU) 2018/2046

In Article 6, omit “Community”.

## 133 Amendment of Commission Implementing Decision (EU) 2018/2046

In the Annex—
(a) in point (f), omit “Community”;
(b) in point (h), omit “Community”;
(c) in the Note, in the final sentence, omit “Community”.

## Signature

Signed by authority of the Secretary of State for Health and Social Care
Parliamentary Under Secretary of State
Department of Health and Social Care

## Explanatory note

(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. In particular, the Regulations address the deficiency specified in section 8(2)(b) of that Act, namely the conferral of functions by retained EU law on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom.
These Regulations make amendments to legislation relating to the safety of food and animal feed. Part 2 amends subordinate legislation in England and Northern Ireland. Part 3 amends retained direct EU legislation for the whole of the United Kingdom.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111186213 (the official version)
Page: https://openlegislation.uk/draft-food-and-feed-hygiene-and-safety-miscellaneous-amendments-eu-exit-regulations-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.