Explanatory note

These Regulations amend the Fish Labelling (Wales) Regulations 2013 (“the 2013 Regulations”) in order to enforce the consumer information requirements of Chapter IV of Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products (OJ No L 354, 28.12.2013, p 1) as read with Council Regulation (EC) No 1224/2009 (OJ No L 343, 22.12.2009, p 1).

Regulation 2 amends regulation 2 of the 2013 Regulations to remove references to, and the definitions of, Council Regulation (EC) No 104/2000 and Commission Implementing Regulation (EC) No 2065/2001. Regulations (EC) No 104/2000 and (EC) No 2065/2001 have been repealed by Regulation (EU) No 1379/2013 (OJ No L 354, 28.12.2013, p 1) and Commission Implementing Regulation (EU) No 1420/2013 (OJ No L 353, 28.12.2013, p 48).

Regulation 2 also provides that a “consumer information requirement” for the purpose of Part 2 of the 2013 Regulations is a requirement specified in Article 35 of Regulation (EU) No 1379/2013 (mandatory information to be provided to consumers) as read with Article 38 (indication of catch or production area) and Article 39 (provision of voluntary information) of that Regulation.

The information to be provided allows consumers to understand what species of fish they are buying, whether the fish was caught or farmed, and where the fish was caught or farmed. The information also shows whether the fish or fish product has been defrosted and the minimum durability of the product. In addition it ensures that any information provided voluntarily is clear and unambiguous and can be verified.

Regulation 2 also amends the definition of “traceability requirement” for the purpose of Part 2 of the 2013 Regulations to take account of the requirement in Article 58(5) of Regulation (EC) No 1224/2009, as amended by Article 45(2) of Regulation (EU) No 1379/2013, to give the information required under Article 35 of that Regulation.

Regulation 3 ensures that the references to the 2013 Regulations in the modifications made by those Regulations to the provisions of the Food Safety Act 1990 (as they apply for the purposes of those Regulations) are references to the 2013 Regulations as amended by these Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Food Standards Agency at Food Standards Agency Wales, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW or from the Agency’s website at www.food.gov.uk/wales.