Citation and commencement1.
(1)
These Regulations may be cited as the Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force in accordance with paragraphs (2) to (4).
(2)
This regulation, regulation 2(1), (2), (3), and (4)(a)(i) come into force on 22 March 2021.
(3)
Regulation 2(4)(a)(ii) to (6) come into force on 1 July 2021.
(4)
Regulations 3 and 4 come into force on 15 April 2021.
Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 20072.
(1)
(2)
In regulation 2 (interpretation)—
(a)
in paragraph (1)—
(i)
in the definition of “authorised activated alumina treatment”—
(aa)
after paragraph (a) omit “or”, and
(bb)
“(b)
in the case of natural mineral water or spring water brought into Scotland from England or Wales, a treatment which complies with Articles 1 to 3 of Regulation 115/20105;(c)
in the case of natural mineral water or spring water brought into Scotland from Northern Ireland or from an EEA State, a treatment which complies with Articles 1 and 2 of Regulation 115/20106 as it has effect in EU law;(d)
in the case of natural mineral water or spring water brought into Scotland from a country outside the United Kingdom and the EEA, a treatment which complies with Articles 1 and 2 of Regulation 115/2010;”,
(ii)
“(b)
in the case of water brought into Scotland from other parts of the United Kingdom, a treatment that complies with the relevant bottled water legislation in force in that part of the United Kingdom;”,
(iii)
omit the definition of “Directive 2003/40”,
(iv)
““relevant bottled water legislation” means—
(a)
in relation to England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 20077;(b)
in relation to Northern Ireland, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 20158;(c)
in relation to Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 20159;”,
(v)
““third country” means any country, other than the United Kingdom, and includes—
(a)
the Bailiwick of Guernsey;
(b)
the Bailiwick of Jersey;
(c)
the Isle of Man.”;
(b)
in paragraph (2) omit “2003/40,”.
(3)
“(d)
is a natural mineral water intended for—
(i)
movement into Northern Ireland;
(ii)
export to a third country.”.
(4)
In regulation 4 (recognition as natural mineral water)—
(a)
in paragraph (1)—
(i)
in sub-paragraph (b), for “Directive 2009/54;” substitute “relevant bottled water legislation; and”,
(ii)
omit sub-paragraph (c),
(iii)
“(d)
in the case of water extracted from the ground in a third country—
(i)
by the Agency, in accordance with Part 2 of schedule 3;
(ii)
in accordance with equivalent recognition in Northern Ireland granted by the relevant Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015;
(iii)
in accordance with equivalent recognition in England granted by the Secretary of State in accordance with regulation 4(1)(d)(i) of, and Part 2 of schedule 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007; or
(iv)
in accordance with equivalent recognition in Wales granted by the relevant Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015.”,
(b)
in paragraph (7)(b), for “country other than an EEA State” substitute “third country”,
(c)
omit paragraph (8).
(5)
In regulation 21 (defences)—
(a)
in paragraph 21(2)(a) for “an EEA State” substitute “a third country”,
(b)
in paragraph 21(2)(b) for “EEA State” substitute “third country”.
(6)
In schedule 3 (recognition of natural mineral waters), in Part 2—
(a)
in the heading, for “country other than an EEA State” substitute “third country”,
(b)
in paragraph 1, for “country other than an EEA State” substitute “third country”.
Amendment of the Food Information (Scotland) Regulations 20143.
(1)
(2)
“Transitional provision: withdrawal from the EU10B.
(1)
A person is not considered to have failed to comply with Articles 7(1), 8(1), 9(1)(h) or 36(2)(a) or (b) of FIC if—
(a)
the alleged failure relates to a product that was placed on the market before the last day of the period beginning on 15 April 2021 and ending on 30 September 2022, and
(b)
the matter constituting the alleged failure to comply would not have constituted a failure to comply with FIC as that Regulation had effect immediately before this regulation comes into force.
(2)
Products to which paragraph (1) applies may continue to be marketed until stocks are exhausted.”.
Amendment of the Country of Origin of Certain Meats (Scotland) Regulations 20164.
(1)
(2)
“Transitional provision: withdrawal from the EU8.
(1)
A person is not considered to have failed to comply with the second sub-paragraph of Article 5(1), Article 6 or Article 7 of the Commission Regulation if—
(a)
the alleged failure relates to a product that was placed on the market before the last day of the period beginning on 15 April 2021 and ending on 30 September 2022, and
(b)
the matter constituting the alleged failure to comply would not have constituted a failure to comply with the Commission Regulation as that Regulation had effect immediately before this regulation comes into force.
(2)
Products to which paragraph (1) applies may continue to be marketed until stocks are exhausted.”.
St Andrew’s House,
Edinburgh