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The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

S.I. 2019/1101 · Made 9 July 2019 · Extends to Northern Ireland

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

Exiting The European Union, Northern Ireland

Agriculture, Northern Ireland

Animals, Northern Ireland

Aquaculture, Northern Ireland

Environmental Protection, Northern Ireland

Food, Northern Ireland

Horticulture, Northern Ireland

Sift requirements satisfied 18th June 2019

Made 9th July 2019

Laid before Parliament 10th July 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 M1, makes the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure) have been satisfied.

There has been open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council M2 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.

Annotations to the whole text

Marginal citations

M1

2018 c.16.

M2

O.J. No. L31, 1.2.2002, p.1, as amended by Commission Regulation (EC) No. 202/2008 (O.J. No. L60, 4.3.2008, p.17).

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. Part 2: Amendments of Animals Provisions
  4. 2Amendment of the Cattle Passport Regulations (Northern Ireland) 1999
  5. Part 3: Amendments of Aquaculture Provisions
  6. 3Amendment of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
  7. Part 4: Amendments of Environmental Protection Provisions
  8. 4Amendment of the Environmental Noise Regulations (Northern Ireland) 2006
  9. 5Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009
  10. 6Amendment of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019
  11. Part 5: Amendments of Food Provisions
  12. 7Amendment of the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018
  13. 8Amendment of the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 Repealed
  14. 9Amendment of the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 Repealed
  15. Part 6: Amendment of Horticulture Provisions
  16. 10Amendment of the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010
  17. 11Amendment of the Marketing of Bananas Regulations (Northern Ireland) 2019
  18. Signature
  19. Explanatory note

1Citation, commencement and extentI1

(1)

These Regulations may be cited as the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

(2)

They come into force as follows—

(a)

as regards this Part and regulations 3, 6, 8 and 9, 21 days after the day on which these Regulations are laid;

(b)

as regards all other regulations, on exit day.

(3)

These Regulations extend to Northern Ireland only.

2Amendment of the Cattle Passport Regulations (Northern Ireland) 1999I1

In the Cattle Passport Regulations (Northern Ireland) 1999 M1, in regulation 4(1), for “, a Minister of the Crown or a competent authority of a member State” substitute “ or a Minister of the Crown ”.

3Amendment of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019I1

(1)

The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 M1 are amended as follows.

(2)

For regulation 2(2) substitute—

“(2)

In regulation 2(2), in the definition of “listed disease”, in paragraph (a), for “Part II of Annex IV to Directive 2006/88” substitute “ Annex 1A to Regulation 1251/2008 M2. ””.

(3)

In regulation 2(11)—

(a)

in the inserted paragraph (7), for “regulations 19(3)(c) and 21(1)” substitute “ regulation 19(3)(c) ”;

(b)

after the inserted paragraph (7)(a)(ii) insert—

“(iii)

paragraph 3 were omitted; and”;

(c)

in the inserted paragraph (9), for “paragraph (9)(b)” substitute “ paragraph (8)(b) ”.

4Amendment of the Environmental Noise Regulations (Northern Ireland) 2006I1

In regulation 4 of the Environmental Noise Regulations (Northern Ireland) 2006 M1 for “(6)”, substitute “ (5) ”.

5Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009I1

In regulation 2(4) of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 M1, for “as amended from time to time”, substitute “ as it had effect immediately before exit day ”.

6Amendment of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019I1

Omit regulation 38 of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 M1.

7Amendment of the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018I1

In regulation 8 of the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018 M1, for “European”, substitute “ retained EU ”.

8Amendment of the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Amendment of the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Amendment of the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010I1

(1)

The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010 M1 are amended as follows.

(2)

In regulation 2(1) for “Community marketing rules”, in each place it occurs, substitute “ marketing rules ”.

(3)

In regulation 3(2)—

(a)

omit “Community”;

(b)

omit “or the European Commission”.

(4)

In regulation 5 omit “Community”, in both places it occurs.

(5)

In regulation 6(1) omit “Community”.

(6)

In regulation 7 omit “Community”, in each place it occurs.

(7)

In regulation 8 omit “Community”, in each place it occurs.

(8)

In regulation 9 omit “Community”, in each place it occurs.

(9)

In regulation 10(2)(e) omit “Community”.

(10)

In regulation 13 omit “Community”, in both places it occurs.

(11)

In regulation 15—

(a)

in the heading, for “Community marketing rules offences”, substitute “ Marketing rules offences ”;

(b)

omit “Community”, in each place it occurs;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)

in regulation 18 omit “Community”, in both places it occurs.

F2(13)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)

In Schedule 1 in Part 1, omit “Community”.

11Amendment of the Marketing of Bananas Regulations (Northern Ireland) 2019I1

(1)

The Marketing of Bananas Regulations (Northern Ireland) 2019 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) and the preceding “or”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

David Rutley

Parliamentary Under Secretary 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 in the European Union (Withdrawal) Act 2018 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.

Part 2 makes necessary amendments to subordinate legislation in relation to animals provisions.

Part 3 makes necessary amendments to subordinate legislation in relation to aquaculture provisions.

Part 4 makes necessary amendments to subordinate legislation in relation to environmental protection provisions.

Part 5 makes necessary amendments to subordinate legislation in relation to food provisions.

Part 6 makes necessary amendments to subordinate legislation in relation to horticulture provisions.

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