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The Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019

S.R. 2019/219 · Made 5 December 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Food

Made 5th December 2019

Coming into operation 14th December 2019

The Department of Healthf1, being a department designatedf2 for the purposes of section 2(2) of the European Communities Act 1972f3 in relation to measures relating to food (including drink) including the primary production of food makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.

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 safetyf4 there has been open and transparent public consultation during the preparation of these Regulations.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Health, Social Services and Public Safety; see 2016 c.5 (N.I.), section 1

f2

S.I. 2003/2901

f3

1972 c.68.

f4

OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EU) 2019/1243 (OJ No. L198, 25.7.2019, p.241)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009
  3. 3Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009
  4. 4Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009
  5. 5Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009
  6. Signature
  7. Schedule Schedule
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Meat (Official Controls Charges) (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 14th December 2019.

2Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009

The Meat (Official Controls Charges) Regulations (Northern Ireland) 2009f1 are amended as follows.

3Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009

In regulation 2 (Interpretation), at paragraph (1)—

(a)

in the definition “audit”, for “Article 2.6 of Regulation 882/2004” substitute “Article 3 (30) of Regulation 2017/625”;

(b)

in the definition “controls”—

(i)

in sub-paragraph (a), for “Regulation 854/2004” substitute “Regulation 2017/625, Regulation 2019/624 and Regulation 2019/627”;

(ii)

in sub-paragraph (b), for “Regulation 854/2004” substitute “Regulation 2017/625, Regulation 2019/624 and Regulation 2019/627”;

(c)

for the definition “cutting plant” substitute—

  • ““cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which is approved or conditionally approved under Article 148 of Regulation 2017/625;”;

(d)

for the definition that begins “Directive 2004/41” substitute—

  • ““Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2015/1375”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2019/624” and “Regulation 2019/627” have the meanings respectively given to them in Schedule 1;”;

(e)

for the definition “game-handling establishment” substitute—

  • ““game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which is approved or conditionally approved under Article 148 of Regulation 2017/625;”;

(f)

in the definition “official auxiliary”, for “Article 2.1(h) of Regulation 854/2004” substitute “Article 3 (49) of Regulation 2017/625”;

(g)

in the definition “official controls”, for “Article 2.1 of Regulation 882/2004” substitute “Article 2(1) of Regulation 2017/625”;

(h)

in the definition “official veterinarian”, for “Article 2.1(f) of Regulation 854/2004” substitute “Article 3 (32) of Regulation 2017/625”;

(i)

for the definition “slaughterhouse” substitute—

  • ““slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which is approved or conditionally approved under Article 148 of Regulation 2017/625;”.

4Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009

For Schedule 1 (DEFINITIONS OF COMMUNITY LEGISLATION), substitute the Schedule set out in the Schedule to these Regulations.

5Amendment of the Meat (Official Controls Charges) Regulations (Northern Ireland) 2009

In Schedule 2 (CALCULATION OF THE OFFICIAL CONTROLS CHARGE)—

(a)

in paragraph 6—

(i)

for “specified in Article 1.1 of Regulation 882/2004” substitute “of Regulation 2017/625”;

(ii)

for “Article 3.1” substitute “Article 9(1)”;

(b)

in paragraph 11, for “Annex VI to Regulation 882/2004”, substitute “Articles 81 and 82 of Regulation 2017/625”.

Signature

Sealed with the Official Seal of the Department of Health on 5th December 2019.

L.S.

Dr Naresh Chada

A senior officer of the Department of Health

“SCHEDULE 1

DEFINITIONS OF EU LEGISLATION

  • “Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/ECf1;

  • “Regulation 178/2002” means 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 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffsf2 as read with Regulation 2073/2005;

  • “Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal originf3 as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005, and Regulation 2017/185;

  • “Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggsf4;

  • “Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffsf5;

  • “Regulation 2074/2005” means 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. 854/2004f6;

  • “Regulation 2015/1375” means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meatf7;

  • “Regulation 2017/185” means 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 Councilf8;

  • “Regulation 2017/625” means 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/EECf9 as read with Directive 2004/41, Regulation 2074/2005, 2015/1375 and Regulation 2017/185;

  • “Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Councilf10 as read with Directive 2004/41, Regulation 2074/2005, 2015/1375 and Regulation 2017/185;

  • “Regulation 2019/627” means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No. 2074/2005 as regards official controlsf11 as read with Directive 2004/41, Regulation 2074/2005, 2015/1375 and Regulation 2017/185.”

Explanatory note

(This note is not part of the Regulations)

These Regulations amend The Meat (Official Controls Charges) Regulations (Northern Ireland) 2009, (S.R 2009 No 247 as already amended) by updating references to EU legislation that has been revoked and replaced by 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 (OJ No. L95, 7.4.2017, p. 1), Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No. L131, 17.5.2019, p. 1.) and Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No. 2074/2005 as regards official controls (OJ No. L131, 17.5.2019, p. 51.).