The Food and Farming (Amendment) (EU Exit) Regulations 2019

Commission Regulation (EC) No 606/2009

4.—(1) Commission Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions is amended as follows.

(2) For Article 1 substitute—

“Article 1 Purpose

This Regulation lays down detailed rules for the application of the following provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products:

(a) Articles 75, 80, 83 and 90;

(b) Part 2 of Annex 7;

(c) Annex 8.”.

(3) After Article 1 insert—

“Article 1a Definitions

In this Regulation:

‘the appropriate authority’ means:

(a) in relation to England, the Secretary of State;

(b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c) in relation to Scotland, the Scottish Ministers;

(d) in relation to Wales, the Welsh Ministers;

‘constituent nation’ means England, Northern Ireland, Scotland or Wales;

‘relevant legislation’, in relation to the making of regulations referred to in a provision, means:

(a) in relation to England, Scotland and Wales, regulations made under the Food Safety Act 1990 using an enabling power in that Act that confers power on the appropriate authority to make regulations about the matter specified in the provision in question;

(b) in relation to Northern Ireland, regulations made under the Food Safety (Northern Ireland) Order 1991 using an enabling power in that Order that confers power on the Department of Agriculture, Environment and Rural Affairs to make regulations about the matter specified in the provision in question.”.

(4) Omit Article 2.

(5) In Article 3(1), for the words from “Regulation” to “thereof,” substitute “Part 2 of Annex 7 to Regulation (EU) No 1308/2013”.

(6) In Article 4—

(a) in paragraph 1, in the first subparagraph—

(i) in the words before point (a), for the words from “Article 29(2)” to “use” substitute “Article 83(3) of Regulation (EU) No 1308/2013, the appropriate authority may, on application, authorise, by administrative decision, the use by the applicant”;

(ii) in point (a), for the words from “Articles” to the end substitute “the third subparagraph of Article 80(1), and Article 80(3)(b) to (e), of Regulation (EU) No 1308/2013”;

(iii) in point (c)—

(aa) for “Member State” substitute “appropriate authority”;

(bb) for “Commission and the other Member States” substitute “other appropriate authorities”;

(b) in paragraph 2—

(i) for “Member State”, in the first place it occurs, substitute “constituent nation of the United Kingdom”;

(ii) for “Member State”, in the second place it occurs, substitute “constituent nation”;

(iii) for “Member State”, in the third place it occurs, substitute “appropriate authority”;

(iv) for “competent authorities of the Member State” substitute “appropriate authority of the constituent nation”;

(c) in paragraph 3—

(i) in the first sentence—

(aa) for “Member State” substitute “appropriate authority”;

(bb) for “Commission” substitute “other appropriate authorities”;

(ii) omit the second sentence;

(d) omit paragraph 5.

(7) In Article 5—

(a) for the words from “point (b)” to “of Regulation (EC) No 479/2008” substitute “points (4), (5) and (6) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013”;

(b) for “in Regulation (EC) No 479/2008” substitute “in Regulation (EU) No 1308/2013”.

(8) In Article 6—

(a) for the words from “point (c)” to “of Regulation (EC) No 479/2008” substitute “point (3) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013”;

(b) for “in Regulation (EC) No 479/2008” substitute “in Regulation (EU) No 1308/2013”.

(9) In Article 7(1), for the words from “point (d)” to “479/2008” substitute “Article 75(3)(h) of Regulation (EC) No 1308/2013”.

(10) In Article 8(1)—

(a) in the first subparagraph, for “Regulation (EC) No 479/2008” substitute “Regulation (EU) No 1308/2013”;

(b) in the third subparagraph, for “Annex I to Regulation (EC) No 479/2008” substitute “point 12 of Part 4 of Annex 2 to Regulation (EU) No 1308/2013”.

(11) In Article 9(1)—

(a) for “Commission Directive 2008/84/EC” substitute “Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council”;

(b) for the words from “point (e)” to “479/2008” substitute “Article 75(3)(f) of Regulation (EU) No 1308/2013”.

(12) In Article 10—

(a) in the heading, for the words from “Chapter II” to “479/2008” substitute “Article 80 of Regulation (EU) No 1308/2013”;

(b) in paragraph 1—

(i) for the words from “Chapter II” to “479/2008” substitute “Article 80 of Regulation (EU) No 1308/2013”;

(ii) for “Member States may authorise” substitute “nothing in this Regulation prevents the appropriate authority from making regulations under the relevant legislation authorising”;

(iii) for “they shall determine” substitute “are specified in the regulations”;

(c) for paragraph 3 substitute—

“3.   Nothing in this Regulation prevents the appropriate authority from making regulations under the relevant legislation:

(a) requiring denaturing agents or indicators to be added to wines referred to in the first sentence of paragraph 1 in order to make them more easily identifiable;

(b) where the appropriate authority is of the opinion that it is justified, prohibiting the uses provided for in the second sentence of paragraph 1 and requiring relevant products to be disposed of.”;

(d) in paragraph 4, for “Community or national rules in force” substitute “law that was in force in the relevant constituent nation immediately”.

(13) In Article 11—

(a) in the first sentence, for “Annex V to Regulation (EC) No 479/2008” substitute “Annex 8 to Regulation (EU) No 1308/2013”;

(b) in the second sentence, for “Member States may permit” substitute “nothing in this Regulation prevents the appropriate authority from making regulations under the relevant legislation authorising”;

(c) in the final sentence, for “Annex V to Regulation (EC) No 479/2008” substitute “Annex 8 to Regulation (EU) No 1308/2013”.

(14) In Article 12a—

(a) in the heading, for “Member States’” substitute “appropriate authority”;

(b) in paragraph 1—

(i) in the first sentence—

(aa) for “Member States” substitute “An appropriate authority”;

(bb) for “Commission” substitute “other appropriate authorities”;

(cc) for “adopt” substitute “make”;

(ii) in the second sentence, for “Member States” substitute “appropriate authority”;

(c) omit paragraphs 2 and 3.

(15) Omit Article 14.

(16) In Article 14a—

(a) in paragraph 1—

(i) for “Member States shall” substitute “the appropriate authority must, by regulations made under the relevant legislation,”;

(ii) for “Member States may” substitute “The appropriate authority may, by regulations made under the relevant legislation,”;

(b) in paragraph 2, for “by Member States” substitute “in regulations made by the appropriate authority”;

(c) in paragraph 3, for the words from “in the different” to the end substitute “is 8.0%”.

(17) In Article 14b—

(a) in paragraph 1, for “Member States” substitute “relevant constituent nation”;

(b) in paragraph 2, for “Union legislation” substitute “retained EU law”;

(c) in paragraph 4, for “Member State” substitute “relevant constituent nation”.

(18) In Article 15—

(a) in the heading omit “Community”;

(b) in paragraph 1—

(i) for the words from “the second paragraph” to “479/2008” substitute “Article 80(5) of Regulation (EU) No 1308/2013, as read with Article 75(5)(d) of that Regulation,”;

(ii) for “at Community level” substitute “in retained EU law”;

(c) omit paragraph 2.

(19) After Article 17 omit the words from “This Regulation” to “Member States.”.

(20) In Annex 1 A—

(a) in the table—

(i) in paragraphs 12 and 13, in the column numbered 2, for the words from “points” to “479/2008” substitute “Sections C and D of Part 1 of Annex 8 to Regulation (EU) No 1308/2013”;

(ii) in paragraph 21, in the column numbered 2, for the words from “paragraphs” to the end substitute “points (1), (3) to (9), (15) and (16) of Part 2 of Annex 7 to Regulation (EC) No 1308/2013”;

(iii) in paragraph 23, in the column numbered 2, for the words from “paragraphs” to the end substitute “points (1), (7) and (9) of Part 2 of Annex 7 to Regulation (EC) No 1308/2013”;

(iv) in paragraphs 24 to 31, in the column numbered 2, for the words from “paragraphs” to “479/2008” substitute “points (1), (3) to (9), (15) and (16) of Part 2 of Annex 7 to Regulation (EC) No 1308/2013”;

(v) in paragraph 32, in the column numbered 1, for the words from “Directive” to “foodstuffs” substitute “point 2 of Annex 1 to Regulation (EC) No 1333/2008”;

(vi) omit paragraph 33;

(vii) in paragraphs 34 to 37 and 43, in the column numbered 2, for the words from “paragraphs” to “479/2008” substitute “points (1), (3) to (9), (15) and (16) of Part 2 of Annex 7 to Regulation (EC) No 1308/2013”;

(viii) in paragraphs 46 and 48, in the column numbered 2, for the words from “points” to “1234/2007” substitute “Sections C and D of Part 1 of Annex 8 to Regulation (EC) No 1308/2013”;

(ix) in paragraph 49, in the column numbered 2, for the words from “point” to “1234/2007” substitute “point 10 of Part 2 of Annex 7 to Regulation (EC) No 1308/2013”;

(x) in paragraph 50, in the column numbered 2, for the words from “points” to “1234/2007” substitute “Sections C and D of Part 1 of Annex 8 to Regulation (EU) No 1308/2013”;

(xi) in paragraph 52, in the column numbered 2, for the words from “paragraphs” to “1234/2007” substitute “points (1), (3) to (9), (15) and (16) of Part 2 of Annex 7 to Regulation (EC) No 1308/2013”;

(b) in Appendix 2, in paragraph 2, for “Directive 2008/84/EC” substitute “Regulation (EU) No 231/2012”;

(c) in Appendix 4—

(i) in the first paragraph, for the words from “Community” to “thereof” substitute “retained EU law”;

(ii) in the second paragraph—

(aa) for “authorities of the Member States” substitute “appropriate authority”;

(bb) after “authorities shall” insert “, by regulations made under the relevant legislation,”;

(d) in Appendix 5—

(i) for the first paragraph substitute—

“Potassium ferrocyanide or calcium phytate, the use of which is provided for in paragraph 26 of Annex 1 A, or DL tartaric acid, the use of which is provided for in paragraph 29 of Annex 1 A, may be used only under the supervision of an oenologist or technician officially approved by the appropriate authority in whose territory the process is carried out. Where the appropriate authority considers it necessary to fix the responsibilities of such oenologists and technicians, nothing in this Regulation prevents the authority from making regulations under the relevant legislation for that purpose.”;

(ii) for the third paragraph substitute—

“The appropriate authority must make regulations under the relevant legislation regulating the supervision of the use of the product referred to in the first paragraph.”;

(e) in Appendix 6, in the part headed “REQUIREMENTS”—

(i) in the second indent, for “Directive 2008/84/EC” substitute “Regulation (EU) No 231/2012”;

(ii) in the third indent, for “Article 185c(2) of Regulation (EC) No 1234/2007” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(f) in Appendix 7—

(i) in the part headed “1. MEMBRANE REQUIREMENTS”, in paragraph 1.4, in the first subparagraph—

(aa) in the first indent, for “Annex II to Commission Directive 2002/72/EC” substitute “Annex 1 to Commission Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food”;

(bb) in the third indent, for “Directive 2002/72/EC” substitute “Regulation (EU) No 10/2011”;

(ii) in the part headed “2. MEMBRANE UTILISATION REQUIREMENTS”, in the second paragraph, for “Article 112(2) of Regulation (EC) No 479/2008” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(g) in Appendix 9, in the part headed “PURITY”, in the second paragraph, for “Article 112(2) of Regulation (EC) No 479/2008” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(h) in Appendix 10, in the part headed “Requirements:”—

(i) in point (3), for “Annex XVa to Regulation (EC) No 1234/2007” substitute “Part 1 of Annex 8 to Regulation (EU) No 1308/2013”;

(ii) in point (4), for the words from “subparagraph (a)” to the end substitute “point (a) of the second paragraph of point (1) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013”;

(iii) in point (6), for “Article 185c(2) of Regulation (EC) No 1234/2007” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(iv) in point (7), for “The Member States may require” substitute “Nothing in this Regulation prevents the appropriate authority from making regulations under the relevant legislation requiring”;

(i) in Appendix 12, in the part headed “Requirements”—

(i) in paragraph 3, for “Article 112(2) of Regulation (EC) No 479/2008” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(ii) in paragraph 4, for “Community and national provisions adopted thereunder” substitute “retained EU law adopted under that Regulation, national provisions implementing Regulation (EC) No 1935/2004”;

(j) in Appendix 14, in the third indent, for “Article 185c(2) of Regulation (EC) No 1234/2007” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(k) in Appendix 15, in the part headed “Requirements:”—

(i) in point (6), for “Article 185c(2) of Regulation (EC) No 1234/2007” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(ii) in point (7), for “EU and national provisions adopted thereunder” substitute “retained EU law adopted under that Regulation, national provisions implementing Regulation (EC) No 1935/2004”;

(l) in Appendix 16, in the part headed “Requirements:”—

(i) in point (4), for “Annex XVa to Regulation (EC) No 1234/2007” substitute “Part 1 of Annex 8 to Regulation (EU) No 1308/2013”;

(ii) in point (9), for “adopted” substitute “made”;

(m) in Appendix 17, in the part headed “Requirements:”—

(i) in point (6), for “Article 185c(2) of Regulation (EC) No 1234/2007” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(ii) in point (7), for “adopted” substitute “made”;

(n) in Appendix 18, in the part headed “REQUIREMENTS”—

(i) in point (3), for “Article 185c(2) of Regulation (EC) No 1234/2007” substitute “Article 147(2) of Regulation (EU) No 1308/2013”;

(ii) in point (4), for “adopted” substitute “made”;

(o) in Appendix 19, in the part headed “Requirements:”, in point (3), for “adopted” substitute “made”.

(21) In Annex 1 C—

(a) in paragraph 2—

(i) in point (a), for “Community” substitute “United Kingdom”;

(ii) in point (b)—

(aa) for “third countries” substitute “countries other than the British Islands”;

(bb) for “Community” substitute “United Kingdom”;

(b) in paragraph 3—

(i) in the first subparagraph, for the words before point (a), substitute—

“Nothing in this Regulation prevents the appropriate authority from making regulations under the relevant legislation derogating from paragraph 1:”;

(ii) for the second subparagraph substitute—

“The appropriate authority must notify those derogations to the other appropriate authorities.”.

(22) In Annex 1 D—

(a) in paragraph 2, for “Community”, in both places it occurs, substitute “United Kingdom”;

(b) in paragraph 3, in the first subparagraph, in the words before point (a), for “a Member State” substitute “on a case by case basis, by the appropriate authority, by administrative decision”;

(c) in paragraph 5—

(i) in point (a), for “Member State” substitute “constituent nation”;

(ii) in point (c), for “Member States may” substitute “the appropriate authority may, by administrative decision,”.

(23) In Annex 2—

(a) in point A—

(i) in paragraph 3, for “Regulation (EC) No 479/2008” substitute “Regulation (EU) No 1308/2013”;

(ii) in paragraph 8, for “Regulation (EC) No 479/2008” substitute “Regulation (EU) No 1308/2013”;

(b) in point B, omit paragraph 2;

(c) in point C, in paragraph 5, for the words from “paragraph 5(c)” to “479/2008” substitute “point 5(c) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013”.

(24) In Annex 3, in Part A—

(a) in point 1—

(i) for “paragraph 3(c) of Annex IV to Regulation (EC) No 479/2008” substitute “point (3)(c) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013”;

(ii) for “in Regulation (EC) No 479/2008” substitute “in Regulation (EU) No 1308/2013”;

(b) for point 3 substitute—

“3.   Unless otherwise prohibited by law, the oenological practices referred to in Regulation (EC) No 1308/2013 and in this Regulation are authorised for liqueur wines and liqueur wines with a protected designation of origin or a protected geographical indication.”;

(c) in point 4(b), for the words from “paragraphs 3(e)” to “479/2008” substitute “points (3)(e) and (f) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013”;

(d) in point 5—

(i) for the words from “paragraph 3(c)” to “to Regulation (EC) No 479/2008” substitute “point (3)(c) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013”;

(ii) for “Article 24(1) of Regulation (EC) No 479/2008” substitute “Article 81(2) of Regulation (EC) No 1308/2013”.