The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018.

They come into force on 1st June 2018, except for the following provisions which come into force on 5th July 2018—

They extend to England and Wales.

The following regulations apply in relation to England only—

Regulation 12 applies to England and the sea adjacent to England out as far as the seaward boundary of the territorial sea.

In paragraph (5), the sea adjacent to England has the same meaning as in regulation 1(4) and (5) of the Environmental Permitting (England and Wales) Regulations 2016^f1.

The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996^f1 are amended as follows.

In regulation 1(3)—

In regulation 3(2)—

The Genetically Modified Organisms (Deliberate Release) Regulations 2002 are amended as follows.

In regulation 2, in the definition of “the Contained Use Directive”, for the words from “Council Directive” to the end substitute “Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms^f1”.

For regulation 12(4)(c) substitute—

“(c)

any person, or member of a genetic modification safety committee, from whom advice must be obtained under regulation 8 of the Genetically Modified Organisms (Contained Use) Regulations 2014,”.

The Hazardous Waste (England and Wales) Regulations 2005^f1 are amended as follows.

In regulation 2(1)(a), at the end insert “, as last amended by Council Regulation (EU) 2017/997^f2”.

In regulation 12(3), for “Council Regulation 259/93/EEC^f3” substitute “Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste^f4”.

In Schedule 7, in paragraph 1(b), for the words from “the Annex” to “1994” substitute “Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste”.

in sub-paragraph (b), at the end insert “, as last amended by Council Directive 2013/17/EU^f2”;

in sub-paragraph (c), after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”;

after sub-paragraph (c) omit “and”;

in sub-paragraph (d), at the end insert “, as amended by Council Directive 2013/17/EU”.

The Nitrate Pollution Prevention Regulations 2015^f1 are amended as follows.

In regulation 2(3), in the definition of “Council Directive 98/83/EC^f2”, at the end insert “, as last amended by Commission Directive (EU) 2015/1787^f3”.

In regulation 4(4), for the words from “in accordance with” to the end substitute “by subtracting the amount of nitrite from the amount of total oxidised nitrogen (“TON”), where both nitrite and TON are calculated using the method known as molecular absorption spectrophotometry”.

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015^f1 are amended as follows.

In Schedule 1, in paragraph 5(3), for “the Conservation of Habitats and Species Regulations 2010^f2” substitute “the Conservation of Habitats and Species Regulations 2017^f3”.

In Schedule 2, in paragraph 3(1)(e), at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

The Environmental Permitting (England and Wales) Regulations 2016 are amended as follows.

In regulation 3, in the definition of “the Waste Framework Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

In Schedule 10, in paragraph 5—

The Specified Sugar Products (England) Regulations 2003^f1 are amended as follows.

In regulation 2, omit the definitions of “EEA Agreement” and “EEA State”.

In Schedule 1, in the table—

The Jam and Similar Products (England) Regulations 2003^f1 are amended as follows.

In regulation 2(1)—

In regulation 5—

Omit regulation 6.

In Schedule 2, in paragraph 2(d), for “Directive 95/2/EC^f4” substitute “Regulation (EU) No 1333/2008 of the European Parliament and of the Council on food additives”.

in the definition of “Part IV”, for the words from “Part IV of” to “1234/2007” substitute “Part 4 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products”;

after the definition of “Part IV” omit “and”.

The Eggs and Chicks (England) Regulations 2009^f1 are amended as follows.

In regulation 3—

In Schedule 2—

in the definition of “Regulation (EU) 2013”, for the words from “the Regulation (EU) 2013” to “1234/2007” substitute “Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products”;

after the definition of “Regulation (EU) 2013” omit “and”.

The Fruit Juices and Fruit Nectars (England) Regulations 2013^f1 are amended as follows.

Omit regulation 22.

In Schedule 7, in Part 1—

In Schedule 9, after paragraph 9 insert—

“10.

Plant proteins for clarification from—

(a)

wheat,

(b)

peas,

(c)

potatoes, or

(d)

any combination of them.”.

The Marketing of Vegetable Plant Material Regulations 1995^f1 are amended as follows.

In regulation 5(d)(i), for “the Vegetable Seeds Regulations 1993^f2” substitute “the Seed Marketing Regulations 2011^f3”.

In regulation 8(4), for “the Vegetable Seeds Regulations 1993” substitute “the Seed Marketing Regulations 2011”.

The Marketing of Ornamental Plant Propagating Material Regulations 1999^f1 are amended as follows.

In regulation 2(1)—

In regulation 7(4), for “regulation 15 of the Plant Health (Great Britain) Order 1993^f4” substitute “article 25 of the Plant Health (England) Order 2015^f5”.

In regulation 8(3)—

In regulation 9(2), for “Council Directive 77/93/EEC” substitute “Directive 2000/29/EC”.

In regulation 12(3), for the words from “article 12(5)” to the end substitute “article 9(1) of the Plant Health (England) Order 2015”.

in the definition of “the Decision”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2016/320^f2”;

in the definition of “the Directive”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2016/317^f3”.

The Importation of Embryos, Ova and Semen Order 1980^f1 is amended as follows.

In article 2—

In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950^f3” substitute “the Animal Health Act 1981”.

Omit article 9.

The Importation of Animal Products and Poultry Products Order 1980^f1 is amended as follows.

In article 2—

In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950” substitute “the Animal Health Act 1981”.

Omit article 10.

The Diseases of Poultry (England) Order 2003^f1 is amended as follows.

In article 3(1)—

In article 6(2), for “Annex III of Council Directive 92/40/EEC^f5” substitute “Article 50 of Council Directive 2005/94/EC”.

In Schedule 1—

The Foot-and-Mouth Disease (England) Order 2006^f1 is amended as follows.

In article 8(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

In article 43(1)(b)(ii), for the words from “regulation 9” to the end substitute “the Trade in Animals and Related Products Regulations 2011^f2”.

The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006^f1 is amended as follows.

In article 2, in the definition of “border inspection post”, for the words from “Schedule 2” to the end substitute “regulation 11 of the Trade in Animals and Related Products Regulations 2011”.

In article 3—

In article 4(7), for the words from “the National Assembly” to “Northern Ireland” substitute “the National Assembly for Wales or by the Department of Agriculture, Environment and Rural Affairs, Northern Ireland”.

In article 66(5)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

In article 71(3)—

The Avian Influenza (H5N1 in Poultry) (England) Order 2006^f1 is amended as follows.

In article 12—

In article 17(1)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

in sub-paragraph (a), for the words from “Directive 91/630/EEC^f2” to the end substitute “Directive 2008/120/EC laying down minimum standards for the protection of pigs^f3”;

after sub-paragraph (b) omit “and”;

in sub-paragraph (c), for the words from “Directive 91/629/EEC^f4” to the end substitute “Directive 2008/119/EC laying down minimum standards for the protection of calves^f5”.

in paragraph 1(a) omit the words from “or article 4” to “legible”;

omit paragraph 3(a) (together with the final “or”).

The Trade in Animals and Related Products Regulations 2011 are amended as follows.

In regulation 35(2)(a), for “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997^f1” substitute “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015^f2”.

In Schedule 2, in Part 2, in paragraph 9(1), for the words from “Commission Regulation” to the end substitute “Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof”.