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The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 in Northern Ireland

S.I. 2019/824 · Made 4 April 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Agriculture

Food

Made 4th April 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

There has been consultation through representative bodies, 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 M2, during the preparation of these Regulations so far as they relate to food.

In accordance with paragraph 1(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

Marginal citations

M1

2018 c. 16.

M2

OJ No L 31, 1.2.2002, p.1, as last amended by Commission Regulation (EU) 2017/228 (OJ No L 35, 10.2.2017, p.10).

Contents

  1. 1Citation , commencement and extent
  2. 3Amendment of the Reporting of Prices of Milk Products (England) Regulations 2008
  3. 4Amendment of the Reporting of Prices of Milk Products Regulations (Northern Ireland) 2008
  4. 5Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009
  5. 6Amendment of the Beef and Veal Labelling Regulations 2010
  6. 7Amendment of the Quality Standards for Green Bananas (England and Wales) Regulations 2012
  7. 9Amendment of the Milk and Milk Products (Pupils in Educational Establishments) (England and Northern Ireland) Regulations 2017
  8. 10Amendment of the Carcase Classification and Price Reporting (England) Regulations 2018
  9. Signature
  10. Explanatory note

1Citation , commencement and extentF3I1

F1(1)

These Regulations may be cited as the Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

F2(2)

Regulations 2 and 8 extend to Great Britain only.

3Amendment of the Reporting of Prices of Milk Products (England) Regulations 2008I1

(1)

The Reporting of Prices of Milk Products (England) Regulations 2008 M1 are amended as follows.

(2)

In regulation 2—

(a)

omit the definition of “Commission Regulation”;

(b)

for the definition of “milk products” substitute—

““milk products” means whey powder, skimmed milk powder, whole milk powder, butter, cheeses (including commodity cheeses) and raw milk.”.

(3)

In regulation 3(1) omit “for the purposes of Articles 2 and 3 of the Commission Regulation”.

4Amendment of the Reporting of Prices of Milk Products Regulations (Northern Ireland) 2008I1

(1)

The Reporting of Prices of Milk Products Regulations (Northern Ireland) 2008 M1 are amended as follows.

(2)

In regulation 2(1)—

(a)

omit the definition of “Commission Implementing Regulation”;

(b)

for the definition of “milk products” substitute—

““milk products” means whey powder, skimmed milk powder, whole milk powder, butter, cheeses (including commodity cheeses) and raw milk.”.

(3)

In regulation 3(1) omit “for the purposes of Articles 7, 11 and 12 of the Commission Implementing Regulation”.

5Amendment of the Marketing of Fresh Horticultural Produce Regulations 2009I1

(1)

The Marketing of Fresh Horticultural Produce Regulations 2009 M1 are amended as follows.

(2)

In regulation 2(2) for “EU marketing rules”, in both places it occurs, substitute “ marketing rules ”.

(3)

In regulation 3(2)—

(a)

in the words before sub-paragraph (a), omit “EU”;

(b)

in sub-paragraph (a), omit paragraphs (i), (iii) and (v).

(4)

In regulation 3(4)—

(a)

omit “EU”;

(b)

for “(i) to (v)” substitute “ (ii) and (iv) ”.

(5)

In regulation 4—

(a)

omit “EU”, in each place it occurs (including in the heading);

F1(b)

in paragraph (8), for “the European Union” substitute “Great Britain”.

(6)

In regulation 7(3)(a) omit paragraph (ii).

(7)

In regulation 8(1)(f) and (2) omit “EU”.

(8)

In regulation 9(1) omit “EU”.

(9)

In regulation 10 omit “EU”, in each place it occurs.

(10)

In regulation 11 omit “EU”, in each place it occurs.

(11)

In regulation 12(2)(e) omit “EU”.

(12)

In regulation 14(3)(a) and (5)(a)(ii) omit “EU”.

(13)

In regulation 16(1)(c) omit “EU”, in both places it occurs.

(14)

After regulation 23 insert—

“Transitional provisions: withdrawal from the EU

24
(1)

Regulation 4 does not apply in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market F2before the end of the period of 21 months beginning on the day on which IP completion day falls, and

(b)

would not have constituted a contravention of that Regulation as it applied immediately before F3IP completion day.

(2)

An authorised officer must not exercise the powers under regulation 11(1) in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market before the end of the period of 21 months beginning on the day on which IP completion day falls, and

(b)

would not have constituted a contravention of that Regulation as it applied immediately before IP completion day.”.

(15)

In the Schedule for “Member States” substitute “ the F4appropriate authorities ”.

6Amendment of the Beef and Veal Labelling Regulations 2010I1

(1)

The Beef and Veal Labelling Regulations 2010 M1 are amended as follows.

(2)

In regulation 4(1)(a)(vi) after “third countries)” insert “ , as read with Article 15za (transitional provisions) ”.

(3)

Omit regulation 4(1)(b)(viii).

(4)

After regulation 4(3) insert—

“(4)

Paragraph (1)(b)(ii) shall not apply in relation to a failure to comply with Article 2(2)(b) of Regulation (EC) No 1825/2000 of the European Parliament and the Council if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market F1before the end of the period of 21 months beginning on the day on which IP completion day falls, and

(b)

would not have constituted a contravention of that Regulation as it applied immediately before F2IP completion day.”.

(5)

In regulation 6(2) omit “, including any representative of the European Commission”.

7Amendment of the Quality Standards for Green Bananas (England and Wales) Regulations 2012I1

(1)

The Quality Standards for Green Bananas (England and Wales) Regulations 2012 M1 are amended as follows.

(2)

In regulation 3(2)—

(a)

in sub-paragraph (a) omit “in other Member States and”;

(b)

omit sub-paragraph (b).

(3)

Omit regulation 6(4)(a)(ii).

(4)

Omit regulation 21(2).

9Amendment of the Milk and Milk Products (Pupils in Educational Establishments) (England and Northern Ireland) Regulations 2017I1

(1)

The Milk and Milk Products (Pupils in Educational Establishments) (England and Northern Ireland) Regulations 2017 M1 are amended as follows.

(2)

In regulation 2, in the definition of “Union aid”—

F1(a)

for “Union aid” substitute “ Aid ”;

(b)

after “Council Regulation” insert “ (whether before or after exit) ”.

(3)

Omit regulation 3.

(4)

In regulation 4(1)—

(a)

for “Union aid”, in each place it occurs, substitute “ Aid ”;

(b)

for “a payment under regulation 3” substitute “ an additional payment under Articles 23a(6) and 217 of the Council Regulation (as it had effect immediately before exit day) ”.

(5)

In regulation 7(1) omit “Subject to paragraph (2),”.

(6)

Omit regulation 7(2).

10Amendment of the Carcase Classification and Price Reporting (England) Regulations 2018I1

(1)

The Carcase Classification and Price Reporting (England) Regulations 2018 M1 are amended as follows.

(2)

In regulation 2(1)—

(a)

for “European beef”, in each place it occurs, substitute “ retained EU beef ”;

(b)

for “European pig”, in each place it occurs, substitute “ retained EU pig ”;

(3)

Omit regulation 8(2)(b).

(4)

Omit regulation 14(2)(b).

(5)

In regulation 16, for “European” substitute “ retained EU ”.

(6)

In regulation 27, for “European”, in each place it occurs (including in the heading), substitute “ retained EU ”.

(7)

In regulation 28, for “European”, in each place it occurs (including in the heading), substitute “ retained EU ”.

(8)

In regulation 37, for “European”, in both places it occurs, substitute “ retained EU ”.

(9)

In Schedule 1—

(a)

for “European”, in both places it occurs (including in the heading), substitute “ retained EU ”;

(b)

in the fourth row of the table, for “Union” substitute “ United Kingdom ”.

(10)

In Schedule 2—

(a)

for “European”, in each place it occurs (including in the heading), substitute “ retained EU ”;

(b)

in Part 1, in the third row of the table, for “methods authorised by the Commission” substitute “ authorised methods ”.

Signature

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (c), (d), (e) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to domestic secondary legislation in the field of food marketing standards.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.