OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) of Schedule 2, and paragraph 21(b) of Schedule 7, to 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.

Regulations 4(2)(a)(ii) and 5(2)(a) are made in exercise of the powers conferred by sections 66(1), 74A(1) and 84 of the Agriculture Act 1970, in order to correct existing errors.

These Regulations make amendments to various Welsh statutory instruments relating to food and feed. In particular, the amendments remove cross-references to EU Directives and transpose certain Annexes to those Directives, as they had effect immediately before implementation period completion day (11.00 p.m., 31 December 2020), as new Schedules to the instruments concerned.

Regulation 2 (and Schedule 1) amends the Materials and Articles in Contact with Food (Wales) Regulations 2012 (S.I. 2012/2705 (W. 291)). In particular, Annex 2 to Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (OJ No L 172, 30.6.2007, p. 71–82) is transposed into the Regulations as a new Schedule 6.

Regulation 3 (and Schedule 2) amends the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013 (S.I. 2013/2591 (W. 255)). In particular, Annex 1 to Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (OJ No L 141, 6.6.2009, p. 3–11) is transposed into the Regulations as a new Schedule 4A.

Regulation 4 (and Schedule 3) amends the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016 (S.I. 2016/386 (W. 120)). In particular—

  • the Annex to Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals (OJ No L 213, 21.7.1982, p. 27–28) is transposed into the Regulations as a new Schedule 1A;

  • Annexes 1 and 2 to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJ No L 140, 30.5.2002, p. 10–22) are transposed into the Regulations as new Schedules 1B and 1C;

  • the tertiary legislation-making powers of the EU Commission in Articles 7 and 8 of Directive 2002/32/EC to amend the lists of undesirable substances in Annexes 1 and 2 that Directive, and to define acceptability criteria for detoxification processes, are retained. Regulation 4(8) inserts a new Regulation 15A into the Regulations, conferring corresponding regulation-making powers on the Welsh Ministers, exercisable in relation to Wales.

Regulation 5 makes minor amendments to the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387 (W. 121)).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.