Regulation 7 Commission Regulation (EU) 2019/1871

(1)

Commission Regulation (EU) 2019/1871 on reference points for action for non-allowed pharmacologically active substances present in food of animal origin is amended as follows.

(2)

Omit Article 1(c).

(3)

In Article 2, in the third paragraph—

(a)

for “Commission” substitute “Secretary of State”;

(b)

omit the words from “European Reference” to “and”.

(4)

In Article 4—

(a)

in paragraph 1, for “EFSA” substitute “the Food Standards Agency”;

(b)

in paragraph 2—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

for “EFSA” substitute “the Food Standards Agency”;

(c)

in paragraph 3 for “European and National Reference Laboratories” substitute “approved laboratories”;

(d)

after paragraph 3 insert—

“4.

In paragraph 3, “approved laboratory” has the meaning given in—

(a)
as regards England and Scotland, regulation 2 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015;

(b)
as regards Wales, regulation 2 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019.”.

(5)

In Article 5—

(a)

in the first paragraph, for “the Union” substitute “Great Britain”;

(b)

in the second paragraph—

(i)

for “Union legislation” substitute “relevant retained EU law”;

(ii)

at the end insert “for reasons relating only to its non-compliance with the relevant provisions of relevant retained EU law”;

(c)

after the second paragraph insert—

“In this Article, “relevant retained EU law” means—

(a)
as regards England and Scotland, the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015;

(b)
as regards Wales, the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019.”.

(6)

In Article 6—

(a)

in the first paragraph—

(i)

for “competent authority” substitute “enforcement authority”;

(ii)

after “2017/625 and” insert “the retained EU law which transposed”;

(b)

in the second paragraph—

(i)

for “competent authority” substitute “enforcement authority”;

(ii)

after “2017/625 and” insert “the retained EU law which transposed”;

(c)

in the third paragraph—

(i)

for “competent authority”, in both places it occurs, substitute “enforcement authority”;

(ii)

for the words from “shall inform” to the end substitute “must (in a case where the enforcement authority is not also the appropriate authority) immediately inform the appropriate authority and the enforcement authorities of the other constituent nations of Great Britain and the equivalent authority in Northern Ireland”;

(d)

in the fourth paragraph, for “Commission” substitute “Secretary of State”;

(e)

omit the fifth paragraph;

(f)

after the fifth paragraph insert—

“In this Article—

“appropriate authority” means—

(a)

as regards England, the Secretary of State;

(b)

as regards Scotland, the Scottish Ministers;

(c)

as regards Wales, the Welsh Ministers;

“enforcement authority” has the meaning given in—

(a)

as regards England and Scotland, regulation 2 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015;

(b)

as regards Wales, regulation 2 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019.”.

(7)

Omit Article 7.

(8)

In Article 8—

(a)

omit the first paragraph;

(b)

in the second paragraph—

(i)

omit the words from the beginning to “paragraph”;

(ii)

for “Union” substitute “United Kingdom”.

(9)

After Article 9 omit the words from “This Regulation” to “States.”.