The Food and Drink (Transitional Provisions) (Wales) (EU Exit) Regulations 2021

“Transitional provisions: withdrawal from the EU15.

(1)

An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 9(1)(h), and Article 9(1)(i) as read with Article 26(3), if—

(a)

the improvement notice would relate to a product that was placed on the market on or before 30 September 2022, and

(b)

the matter would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(2)

An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) if—

(a)

the improvement notice would relate to a specified product that was placed on the market before IP completion day, and

(b)

the labelling of the specified product would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(3)

Products to which paragraph (1) or (2) applies may continue to be marketed until stocks are exhausted.

(4)

An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) if—

(a)

the improvement notice would relate to a specified product placed on the market within the period beginning with IP completion day and ending on 31 December 2023, and

(b)

the labelling of the specified product would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(5)

Wine products to which paragraph (4) applies may continue to be marketed until stocks are exhausted.

(6)

Other products to which paragraph (4) applies may continue to be marketed until 31 December 2023.

(7)

In this regulation—

“improvement notice” (“hysbysiad gwella”) means an improvement notice pursuant to regulation 12(1);

“specified product” (“cynnyrch penodedig”) means an individually identifiable product, including a wine product, bearing an indication listed in point 5, 6 or 7 of Annex 10 to Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs5as that Regulation had effect immediately before IP completion day;

“wine product” (“cynnyrch gwin”) means a product to which Part 2 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 products6as that Regulation had effect immediately before IP completion day applies.”

“Transitional provision: withdrawal from the EU7.

(1)

An authorised officer must not serve on a person an improvement notice relating to a failure to comply with the second subparagraph of Article 5(1), Article 6 or Article 7 if—

(a)

the improvement notice would relate to a product that was placed on the market before IP completion day; and

(b)

the matter constituting the alleged failure to comply would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(2)

An authorised officer must not serve on a person an improvement notice relating to a failure to comply with the second subparagraph of Article 5(1), Article 6 or Article 7 if—

(a)

the improvement notice would relate to a product placed on the market on or before 30 September 2022;

(b)

the product bears one of the indications provided for in those provisions as they had effect immediately before IP completion day; and

(c)

the use of the indication would not constitute a failure to comply with those provisions as they had effect immediately before IP completion day.

(3)

In this regulation, “improvement notice” (“hysbysiad gwella”) means an improvement notice pursuant to regulation 6(1) as read with Part 1 of the Schedule to these Regulations.”