The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019

Title and commencement

1.  These Regulations may be cited as the Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 and come into force on 14th December 2019.

Amendment of the Fishery Products (Official Controls Charges) (England) Regulations 2007

2.  The Fishery Products (Official Controls Charges) (England) Regulations 2007 are amended as follows.

3.  In regulation 2 (interpretation)—

(a) at paragraph (1)—

(i) for the definitions paragraph—

““Directive 2004/41”, “Regulation 2406/96”, “Regulation 852/2004, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in the Schedule;”

substitute—

““Directive 2004/41”, “Regulation 2406/96”, “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 the Schedule;”;

(ii) in the definition “first placing on the market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;

(iii) in the definition “first sale in a fish market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;

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

(v) in the definition “processing”, for “Chapter V of Section B of Annex IV to Regulation 882/2004” substitute “Regulation 2017/625”;

(vi) in the definition “third country import” for “is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006” substitute “set out in Annex 4 to Regulation 2017/625 is payable”;

(b) after paragraph (2) insert—

“(3) In these Regulations, any reference to an EU instrument defined in the Schedule is a reference to that instrument as amended from time to time.”.

4.  In regulation 3 (actual costs)—

(a) for “listed in Annex VI to Regulation 882/2004” substitute “referred to in Articles 81 and 82 of Regulation 2017/625”;

(b) for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

5.  In regulation 4 (Sterling equivalents of Euro), in paragraph (3)—

(a) after “in each subsequent year” insert “until the coming into force of the Fishery Product (Official Controls Charges) (England) (Amendment) Regulations 2019”;

(b) after sub-paragraph (b) insert—

“(c) after the coming into force of the Fishery Product (Official Controls Charges) (England) (Amendment) Regulations 2019, the average of the rates published in the C Series of the Official Journal of the European Union for each of the days during the period of charge when the rate is published.”.

6.  In regulation 9 (sums remitted from one food authority to another), for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

7.  In Part 2 (official controls charges other than charges for third country imports), for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627” in each place it occurs.

8.  For the Schedule (definitions of Community legislation), substitute the Schedule set out in the Schedule to these Regulations.

Review

9.—(1) The Food Standards Agency must from time to time—

(a) carry out a review of the operation and effect of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory provisions made by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(4) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Signed by the authority of the Secretary of State for Health and Social Care.

Jo Churchill

Parliamentary Under Secretary of State,

Department of Health and Social Care

22nd November 2019