The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019 (expired—not approved)

Prospective

Regulation 3

[X1 SCHEDULE 1 U.K. The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015: new regulation 4A

Editorial Information

X1 This statutory instrument was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.

“Transitional provision: withdrawal from the EEA and the EU

4A.— (1) The following waters are accredited, that is to say treated for the purposes of these Regulations as if they were natural mineral waters recognised by the Agency under regulation 4(2)(d)(i)—

(a) established EU recognised natural mineral waters;

(b) established Icelandic recognised natural mineral waters;

(c) established Norwegian recognised natural mineral waters.

(2) The accreditation in paragraph (1) continues to have effect in relation to a natural mineral water to which subparagraph (a), (b) or (c) of that paragraph applies unless a notification is given under paragraph (3), (4) or (5) respectively, in which case the accreditation ceases on the relevant accreditation cessation date.

(3) In the case of an established EU recognised natural mineral water, if the Department of Health is of the opinion that there is at least one established recognised UK natural mineral water that is not treated by the responsible authority in at least one member State as a recognised mineral water for the purposes of Directive 2009/54/ECM1 , the Department of Health may notify the European Commission that the accreditation provided for in paragraph (1)(a) in relation to established EU recognised natural mineral waters is to cease on a date specified in that notification.

(4) In the case of an established Icelandic recognised natural mineral water, if the Department of Health is of the opinion that there is at least one established recognised UK natural mineral water that is not treated as a recognised mineral water in Iceland for the purposes of Directive 2009/54/EC, the Department of Health may notify the Icelandic Food and Veterinary Authority that the accreditation provided for in paragraph (1)(b) in relation to established Icelandic recognised natural mineral waters is to cease on a date specified in that notification.

(5) In the case of an established Norwegian recognised natural mineral water, if the Department of Health is of the opinion that there is at least one established recognised UK natural mineral water that is not treated in Norway as a recognised mineral water for the purposes of Directive 2009/54/EC, the Department of Health may notify the Norwegian Food Safety Authority that the accreditation provided for in paragraph (1)(c) in relation to established Norwegian recognised natural mineral waters is to cease on a date specified in that notification.

(6) No notification may be given under paragraph (3), (4) or (5) before the end of the period of six months beginning on the day on which exit day falls.

(7) The accreditation cessation date specified in a notification given under paragraph (3), (4) or (5) must be a date that is at least six months after the date on which the notification is given, beginning with the day after the day on which that notification is given.

(8) The Department of Health must publish a copy of any notification given under paragraph (3), (4) or (5) in such manner as appears appropriate to the Department of Health in order to bring its effect to the notice of those that the Department of Health considers likely to be, or representative of those likely to be, affected in Northern Ireland as soon as is reasonably practicable.

(9) The Department of Health must from time to time publish, in such manner as appears appropriate to the Department of Health, a list of the names of the established EU, Icelandic and Norwegian recognised natural mineral waters that are treated as accredited natural mineral waters under paragraph (1) (“the paragraph 9 list”).

(10) Where a notification is given under paragraph (3), (4) or (5), the Department of Health must update the paragraph 9 list as soon as reasonably practicable after the accreditation cessation date specified in the notification.

(11) The paragraph 9 list is to be treated as conclusive evidence that the waters are accredited natural mineral waters for the purposes of these Regulations.

(12) In this regulation—

“accreditation cessation date” means the cessation date as notified by the Department of Health under paragraph (3), (4) or (5);

“Directive 2009/54/EC” means Directive 2009/54/EC as incorporated into the EEA Agreement, and as it had effect, immediately before exit day;

“established EU recognised natural mineral water” means—

(a)

a natural mineral water extracted from the ground in any member State—

(i)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, and

(ii)

for which that recognition remains in force in the member State in which it was extracted from the ground;

(b)

a natural mineral water extracted from the ground in a third country—

(i)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, having been recognised by any member State as a natural mineral water for the purposes of Directive 2009/54/EC based on a certificate (“Article 1(2) certificate”) of the type referred to in the second subparagraph of Article 1(2) of Directive 2009/54/EC issued by the responsible authority in the country of extraction,

(ii)

for which that recognition remains in force in any member State, and

(iii)

for which the Article 1(2) certificate remains valid;

“established Icelandic recognised natural mineral water” means a natural mineral water extracted from the ground in Iceland—

(a)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, and

(b)

for which that recognition remains in force in any member State;

“established Norwegian recognised natural mineral water” means a natural mineral water extracted from the ground in Norway—

(a)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, and

(b)

for which that recognition remains in force in any member State;

“established recognised UK natural mineral water” means a natural mineral water extracted from the ground in the United Kingdom—

(a)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC by virtue of a recognition granted under any legislation made in any part of the United Kingdom implementing that Directive, and

(b)

for which the recognition granted under that legislation remains in force in any part of the United Kingdom (albeit not for the purposes of Directive 2009/54/EC);

“member State” means a member State of the EU as constituted immediately after exit day;

“third country” has the same meaning as in Directive 2009/54/EC.”]

Marginal Citations

M1 OJ No L 164, 26.6.2009, p. 45.