Statutory Instruments
Agriculture, England
Livestock Industries
Animals, England
Animal Health
Animal Welfare
Coast Protection, England
Environmental Protection, England
Flood Risk Management, England
Food, England
Horticulture, England
Plant Health, England
Sea Fisheries, England
Conservation Of Sea Fish
Seeds, England
Waste, England
Water, England
Water Resources, England
Made
8th May 2018
Laid before Parliament
10th May 2018
Coming into force
provisions mentioned in regulation 1(2)(a) to (e)
5th July 2018
remainder
1st June 2018
The Secretary of State makes these Regulations in exercise of the powers conferred by—
except so far as relating to regulations 14 and 15, section 2(2) of the European Communities Act 1972 M1;
so far as relating to regulation 14, sections 103(1) to (3) and 104(4) and (6) of the Water Act 2003 M2;
so far as relating to regulation 15, sections 16(1)(a) and 48(1)(c) of the Food Safety Act 1990 M3.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—
the common agricultural policy M4;
the environment M5;
measures in the veterinary and phytosanitary fields for the protection of public health M6;
measures relating to food (including drink) including the primary production of food M7;
measures relating to the control and regulation of genetically modified organisms M8;
measures relating to the prevention, reduction and elimination of pollution caused by waste M9;
medicinal products M10.
So far as these Regulations are made in exercise of powers under the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of that Act M11.
There has been consultation, as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M12, during the preparation and evaluation of these Regulations so far as they relate to food.
Marginal Citations
M11972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.
M31990 c. 16; sections 16(1)(a) and 48(1) were amended by the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 8.
M4S.I. 1972/1811, to which there are amendments not relevant to these Regulations. The designation in relation to the common agricultural policy extends to the common fisheries policy: under Article 38(1) of the Treaty on the Functioning of the European Union, the EU's common agricultural policy includes its common fisheries policy (OJ No L 133, 29.5.2015, p 1).
M7S.I. 2003/2901, to which there are amendments not relevant to these Regulations.
M8S.I. 1991/755, to which there are amendments not relevant to these Regulations.
M9S.I. 1992/2870, to which there are amendments not relevant to these Regulations.
M11Section 48(4A) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.
M12OJ No L 31, 1.2.2002, p 1, as last amended by Regulation (EU) 2017/745 of the European Parliament and of the Council (OJ No L 117, 5.5.2017, p 1).
1.—(1) These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018.
(2) They come into force on 1st June 2018, except for the following provisions which come into force on 5th July 2018—
(a)regulation 4(2);
(b)regulations 6 and 7;
(c)regulation 11(3);
(d)regulation 12(2);
(e)regulation 13.
(3) They extend to England and Wales.
(4) The following regulations apply in relation to England only—
(a)regulation 2;
(b)regulations 6 and 7;
(c)regulation 9;
(d)regulations 14 and 15;
(e)regulations 25 and 26;
(f)regulations 30 and 31.
(5) Regulation 12 applies to England and the sea adjacent to England out as far as the seaward boundary of the territorial sea.
(6) In paragraph (5), the sea adjacent to England has the same meaning as in regulation 1(4) and (5) of the Environmental Permitting (England and Wales) Regulations 2016 M13.
Marginal Citations
M13S.I. 2016/1154, to which there are amendments not relevant to these Regulations.
2.—(1) The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996 M14 are amended as follows.
(2) In regulation 1(3)—
(a)after the definition of “the Act” omit “and”;
(b)in the definition of “the Contained Use Regulations”, for “the Genetically Modified Organisms (Contained Use) Regulations 2000 M15” substitute “ the Genetically Modified Organisms (Contained Use) Regulations 2014 M16 ”.
(3) In regulation 3(2)—
(a)in sub-paragraph (b)(ii), for “regulation 3(2)” substitute “ regulation 3(1) ”;
(b)in sub-paragraph (d), for “the Genetically Modified Organisms (Deliberate Release) Regulations 1992 M17” substitute “ the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M18 ”.
Marginal Citations
M14S.I. 1996/1106, amended by S.I. 2000/2831; there are other amending instruments but none is relevant.
M15S.I. 2000/2831, revoked by S.I. 2001/2626, 2005/2466, 2014/1663.
M16S.I. 2014/1663, to which there are amendments not relevant to these Regulations.
M17S.I. 1992/3280, revoked in relation to England by S.I. 2002/2443.
M18S.I. 2002/2443, to which there are amendments not relevant to these Regulations.
3.—(1) The Genetically Modified Organisms (Deliberate Release) Regulations 2002 are amended as follows.
(2) In regulation 2, in the definition of “the Contained Use Directive”, for the words from “Council Directive” to the end substitute “ Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms M19 ”.
(3) For regulation 12(4)(c) substitute—
“(c)any person, or member of a genetic modification safety committee, from whom advice must be obtained under regulation 8 of the Genetically Modified Organisms (Contained Use) Regulations 2014,”.
Marginal Citations
M19OJ No L 125, 21.5.2009, p 75.
4.—(1) The Hazardous Waste (England and Wales) Regulations 2005 M20 are amended as follows.
(2) In regulation 2(1)(a), at the end insert “ , as last amended by Council Regulation (EU) 2017/997 M21 ”.
(3) In regulation 12(3), for “Council Regulation 259/93/EEC M22” substitute “ Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste M23 ”.
(4) In Schedule 7, in paragraph 1(b), for the words from “the Annex” to “1994” substitute “ Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste ”.
Commencement Information
I1Reg. 4(1)(3)(4) in force at 1.6.2018 and reg. 4(2) in force at 5.7.2018, see reg. 1(2)(a)
Marginal Citations
M20S.I. 2005/894, amended by S.I. 2011/988, 2016/738; there are other amending instruments but none is relevant.
M21OJ No L 150, 14.6.2017, p 1.
M22OJ No L 30, 6.2.1993, p 1, as repealed by Regulation (EC) No 1013/2006 of the European Parliament and of the Council (OJ No L 190, 12.7.2006, p 1).
M23OJ No L 190, 12.7.2006, p 1, as last amended by Commission Regulation (EU) 2015/2002 (OJ No L 294, 11.11.2015, p 1).
5. In regulation 3(b)(ii) of the Contaminated Land (England) Regulations 2006 M24, after “water policy” insert “ , as last amended by Commission Directive 2014/101/EU M25 ”.
Marginal Citations
M24S.I. 2006/1380, amended by S.I. 2012/263; there are other amending instruments but none is relevant.
M25OJ No L 311, 31.10.2014, p 32.
6. In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M26, in the definition “the Packaging Waste Directive”, at the end insert “ , as last amended by Council Regulation (EU) 2017/997 ”.
Marginal Citations
M26S.I. 2007/871, to which there are amendments not relevant to these Regulations.
7. In regulation 3(1) of the Waste (England and Wales) Regulations 2011 M27, in the definition of “the Waste Framework Directive”, at the end insert “ , as last amended by Council Regulation (EU) 2017/997 ”.
Marginal Citations
M27S.I. 2011/988, amended by S.I. 2016/738; there are other amending instruments but none is relevant.
8. In article 3(4) of the Incidental Flooding and Coastal Erosion (England) Order 2011 M28—
(a)in sub-paragraph (b), at the end insert “ , as last amended by Council Directive 2013/17/EU M29 ”;
(b)in sub-paragraph (c), after “water policy” insert “ , as last amended by Commission Directive 2014/101/EU ”;
(c)after sub-paragraph (c) omit “and”;
(d)in sub-paragraph (d), at the end insert “ , as amended by Council Directive 2013/17/EU ”.
Marginal Citations
M28S.I. 2011/2855, to which there are amendments not relevant to these Regulations.
M29OJ No L 158, 10.6.2013, p 193.
9. In regulation 2(2) of the Bathing Water Regulations 2013 M30, after “water policy” insert “ , as last amended by Commission Directive 2014/101/EU ”.
Marginal Citations
M30S.I. 2013/1675, to which there are amendments not relevant to these Regulations.
10.—(1) The Nitrate Pollution Prevention Regulations 2015 M31 are amended as follows.
(2) In regulation 2(3), in the definition of “Council Directive 98/83/EC M32”, at the end insert “ , as last amended by Commission Directive (EU) 2015/1787 M33 ”.
(3) In regulation 4(4), for the words from “in accordance with” to the end substitute “ by subtracting the amount of nitrite from the amount of total oxidised nitrogen (“TON”), where both nitrite and TON are calculated using the method known as molecular absorption spectrophotometry ”.
Marginal Citations
M31S.I. 2015/668, to which there are amendments not relevant to these Regulations.
M32OJ No L 330, 5.12.1998, p 32, as last amended by Commission Directive (EU) 2015/1787 (OJ No L 260, 7.10.2015, p 6).
M33OJ No L 260, 7.10.2015, p 6.
11.—(1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 M34 are amended as follows.
(2) In Schedule 1, in paragraph 5(3), for “the Conservation of Habitats and Species Regulations 2010 M35” substitute “ the Conservation of Habitats and Species Regulations 2017 M36 ”.
(3) In Schedule 2, in paragraph 3(1)(e), at the end insert “ , as last amended by Council Regulation (EU) 2017/997 ”.
Commencement Information
I2Reg. 11(1)(2) in force at 1.6.2018 and reg. 11(3) in force at 5.7.2018, see reg. 1(2)(c)
Marginal Citations
M34S.I. 2015/810, amended by S.I. 2017/1177; there are other amending instruments but none is relevant.
M35S.I. 2010/490, revoked (with savings) by S.I. 2017/1012.
12.—(1) The Environmental Permitting (England and Wales) Regulations 2016 are amended as follows.
(2) In regulation 3, in the definition of “the Waste Framework Directive”, at the end insert “ , as last amended by Council Regulation (EU) 2017/997 ”.
(3) In Schedule 10, in paragraph 5—
(a)in sub-paragraph (4), for the words from “Regulation” to the end substitute “ Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury M37 ”;
(b)omit sub-paragraph (5).
Commencement Information
I3Reg. 12(1)(3) in force at 1.6.2018 and reg. 12(2) in force at 5.7.2018, see reg. 1(2)(d)
Marginal Citations
M37OJ No L 137, 24.5.2017, p 1.
13. In Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 M38, in paragraph 9, for “of 19 November 2008 on waste” substitute “ on waste, as last amended by Council Regulation (EU) 2017/997, ”.
Marginal Citations
14. In regulation 9 of the Water Abstraction (Transitional Provisions) Regulations 2017 M39, for paragraph (3) substitute–—
“(3) In paragraph (1), an abstraction of more limited extent does not include—
(a)a Qn95 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply does not support good ecological potential, good ecological status or good quantitative status, or
(b)75% of Qn99 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply supports good ecological potential, good ecological status or good quantitative status.”.
Marginal Citations
15. In regulation 2(1) of the Bread and Flour Regulations 1998 M40, in the definition of “food additive”, for “the Miscellaneous Food Additives Regulations 1995 M41” substitute “ Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives M42 ”.
Marginal Citations
M40S.I. 1998/141, to which there are amendments not relevant to these Regulations.
M41S.I. 1995/3187, revoked in relation to England by S.I. 2009/3238.
M42OJ No L 354, 31.12.2008, p 16, as last amended by Commission Regulation (EU) 2018/97 (OJ No L 17, 23.1.2018, p 11).
16. In regulation 7(3) of the Coffee Extracts and Chicory Extracts (England) Regulations 2000 M43, for the words from “paragraphs 1 and 2” to “human consumption” substitute “ Annex 3 to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M44 ”.
Marginal Citations
M43S.I. 2000/3323, to which there are amendments not relevant to these Regulations.
M44OJ No L 165, 30.4.2004, p 1, as last amended by Commission Regulation (EU) 2018/192 (OJ No L 36, 9.2.2018, p 15).
17.—(1) The Specified Sugar Products (England) Regulations 2003 M45 are amended as follows.
(2) In regulation 2, omit the definitions of “EEA Agreement” and “EEA State”.
(3) In Schedule 1, in the table—
(a)in entry 5, in column 2, in sub-paragraph (c), for “paragraph 4” substitute “ paragraph 3 ”;
(b)in entry 11, in column 2, for “paragraph (2)” substitute “ paragraph 3 ”.
Marginal Citations
M45S.I. 2003/1563, to which there are amendments not relevant to these Regulations.
18. In regulation 2(1) of the Cocoa and Chocolate Products (England) Regulations 2003 M46 omit the definitions of “EEA Agreement” and “EEA State”.
Marginal Citations
M46S.I. 2003/1659, to which there are amendments not relevant to these Regulations.
19.—(1) The Jam and Similar Products (England) Regulations 2003 M47 are amended as follows.
(2) In regulation 2(1)—
(a)omit the definition of “the 1996 Regulations”;
(b)in the definition of “ingredient”, for “the 1996 Regulations” substitute “ Article 2(2)(f) of Regulation (EU) No 1169/2011 ”;
(c)in the definition of “labelling”, for “the 1996 Regulations” substitute “ Article 2(2)(j) of Regulation (EU) No 1169/2011 ”;
(d)in the definition of “permitted sweetener”, for “the Food Additives (England) Regulations 2009 M48” substitute “ Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives ”;
(e)after the definition of “preparation” insert—
““Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers M49;”.
(3) In regulation 5—
(a)in paragraph (1)—
(i)in the words before sub-paragraph (a), omit the words from the beginning to “Regulations,”;
(ii)in sub-paragraph (b), for “the 1996 Regulations” substitute “ Regulation (EU) No 1169/2011 ”;
(b)in paragraph (2)—
(i)in the words before sub-paragraph (a), omit the words from the beginning to “Regulations,”;
(ii)in sub-paragraph (c), for “Schedule 7 to the 1996 Regulations” substitute “ Articles 30 to 35 of Regulation (EU) No 1169/2011 ”.
(4) Omit regulation 6.
(5) In Schedule 2, in paragraph 2(d), for “Directive 95/2/EC M50” substitute “ Regulation (EU) No 1333/2008 of the European Parliament and of the Council on food additives ”.
Marginal Citations
M47S.I. 2003/3120, amended by S.I. 2009/3238; there are other amending instruments but none is relevant.
M48S.I. 2009/3238, amended by S.I. 2013/2210; there are other amending instruments but none is relevant.
M49OJ No L 304, 22.11.2011, p 18, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council (OJ No L 327, 11.12.2015, p 1).
M50OJ No L 61, 18.3.1995, p 1, as last amended by Commission Directive 2010/69/EU (OJ No L 279, 23.10.2010, p 22).
20. In regulation 2(1) of the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008 M51, in the definition of “Regulation (EU) 2013”, for the words from “the Regulation” to “1234/2007” substitute “ Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products M52 ”.
Marginal Citations
M51S.I. 2008/1287, amended by S.I. 2013/3235; there are other amending instruments but none is relevant.
M52OJ No L 347, 20.12.2013, p 671, as last amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council ( OJ No L 350, 29.12.2017, p 15).
21. In regulation 2(1) of the Drinking Milk (England) Regulations 2008 M53—
(a)in the definition of “Part IV”, for the words from “Part IV of” to “1234/2007” substitute “ Part 4 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 products ”;
(b)after the definition of “Part IV” omit “and”.
Marginal Citations
M53S.I. 2008/1317, amended by S.I. 2013/3235; there is another amending instrument but it is not relevant.
22.—(1) The Eggs and Chicks (England) Regulations 2009 M54 are amended as follows.
(2) In regulation 3—
(a)in paragraph (1)—
(i)in the definition of “Regulation (EU) 2013”, for the words from “the Regulation” to “1234/2007” substitute “ Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ”;
(ii)after the definition of “Regulation (EU) 2013” omit “and”;
(b)in paragraph (6)(a) omit “the Single CMO Regulation or”.
(3) In Schedule 2—
(a)in Part 1, in the first column of the table, in both entries relating to Article 75(2) and (3), omit “of Regulation (EU) 2013”;
(b)in Part 2, in the second column of the table, for the entry relating to the first and second sub-paragraphs of Article 12(2), for the words from “Article 2” to “foodstuffs” substitute “ Article 23(1) of Regulation (EU) 834/2007 on organic production and labelling of organic products M55 ”.
Marginal Citations
M54S.I. 2009/2163, amended by S.I. 2013/3235; there are other amending instruments but none is relevant.
M55OJ No L 189, 20.7.2007, p 1, as last amended by Council Regulation (EU) No 517/2013 (OJ No L 158, 10.6.2013, p 1).
23. In regulation 2(1) of the Poultrymeat (England) Regulations 2011 M56—
(a)in the definition of “Regulation (EU) 2013”, for the words from “the Regulation (EU) 2013” to “1234/2007” substitute “ Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ”;
(b)after the definition of “Regulation (EU) 2013” omit “and”.
Marginal Citations
M56S.I. 2011/452, amended by S.I. 2013/3235; there is another amending instrument but it is not relevant.
24.—(1) The Fruit Juices and Fruit Nectars (England) Regulations 2013 M57 are amended as follows.
(2) Omit regulation 22.
(3) In Schedule 7, in Part 1—
(a)in paragraph 1, for “juice” substitute “ product ”;
(b)in paragraph 2, in the words before sub-paragraph (a), for “juices” substitute “ products ”.
(4) In Schedule 9, after paragraph 9 insert—
“10. Plant proteins for clarification from—
(a)wheat,
(b)peas,
(c)potatoes, or
(d)any combination of them.”.
Marginal Citations
M57S.I. 2013/2775, to which there are amendments not relevant to these Regulations.
25.—(1) The Marketing of Vegetable Plant Material Regulations 1995 M58 are amended as follows.
(2) In regulation 5(d)(i), for “the Vegetable Seeds Regulations 1993 M59” substitute “ the Seed Marketing Regulations 2011 M60 ”.
(3) In regulation 8(4), for “the Vegetable Seeds Regulations 1993” substitute “ the Seed Marketing Regulations 2011 ”.
Marginal Citations
M58S.I. 1995/2652, amended by S.I. 2007/1449; there are other amending instruments but none is relevant.
M59S.I. 1993/2008, revoked in relation to England by S.I. 2002/3175.
M60S.I. 2011/463, to which there are amendments not relevant to these Regulations.
26.—(1) The Marketing of Ornamental Plant Propagating Material Regulations 1999 M61 are amended as follows.
(2) In regulation 2(1)—
(a)omit the definition of “Directive 77/93/EEC”;
(b)in the definition of “Directive 98/56/EC”, at the end insert “ , as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council M62 ”;
(c)after the definition of “Directive 98/56/EC” insert—
““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community M63;”.
(3) In regulation 7(4), for “regulation 15 of the Plant Health (Great Britain) Order 1993 M64” substitute “ article 25 of the Plant Health (England) Order 2015 M65 ”.
(4) In regulation 8(3)—
(a)for the words from “plant pest” to “1993” substitute “ notifiable plant pest as defined in article 42(3) of the Plant Health (England) Order 2015 ”;
(b)for “article 20” substitute “ article 42 ”.
(5) In regulation 9(2), for “Council Directive 77/93/EEC” substitute “ Directive 2000/29/EC ”.
(6) In regulation 12(3), for the words from “article 12(5)” to the end substitute “ article 9(1) of the Plant Health (England) Order 2015 ”.
Marginal Citations
M62OJ No L 189, 27.6.2014, p 1.
M63OJ No L 169, 10.7.2000, p 1, as last amended by Commission Implementing Directive (EU) 2017/1920 (OJ No L 271, 20.10.2017, p 34).
M64S.I. 1993/1320, revoked in relation to England by S.I. 2005/2530.
M65S.I. 2015/610, to which there are amendments not relevant to these Regulations.
27. In regulation 2(2) of the Marketing of Fresh Horticultural Produce Regulations 2009 M66, for the definition of “Regulation (EU) No 2013” substitute—
““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time;”.
Marginal Citations
M66S.I. 2009/1361, amended by S.I. 2013/3235; there are other amending instruments but none is relevant.
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
29. In regulation 3 of the Seed Potatoes (England) Regulations 2015 M67—
(a)in the definition of “the Decision”, at the end insert “ , as last amended by Commission Implementing Decision (EU) 2016/320 M68 ”;
(b)in the definition of “the Directive”, at the end insert “ , as last amended by Commission Implementing Directive (EU) 2016/317 M69 ”.
30.—(1) The Importation of Embryos, Ova and Semen Order 1980 M70 is amended as follows.
(2) In article 2—
(a)in paragraph (a), for “the Animal Health Act 1981 M71” substitute “ the Act ”;
(b)in paragraph (b), for “section 84(3)(a) and (b)” substitute “ section 88(1) and (3) ”.
(3) In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950 M72” substitute “ the Animal Health Act 1981 ”.
(4) Omit article 9.
Marginal Citations
M70S.I. 1980/12, amended by S.I. 1994/2920; there are other amending instruments but none is relevant.
M721950 c. 36, repealed by the Animal Health Act 1981, Schedule 6.
31.—(1) The Importation of Animal Products and Poultry Products Order 1980 M73 is amended as follows.
(2) In article 2—
(a)in the words before paragraph (a), for “the Animal Health Act 1981 (“the 1981 Act”)” substitute “ the Act ”;
(b)in paragraphs (a) and (b), for “the 1981 Act” substitute “ the Act ”.
(3) In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950” substitute “ the Animal Health Act 1981 ”.
(4) Omit article 10.
Marginal Citations
M73S.I. 1980/14, amended by S.I. 1982/948; there are other amending instruments but none is relevant.
32.—(1) The Diseases of Poultry (England) Order 2003 M74 is amended as follows.
(2) In article 3(1)—
(a)after the definition of “ “Chief Veterinary Officer” insert—
““Council Directive 2005/94/EC” means Council Directive 2005/94/EC on Community measures for the control of avian influenza M75;”;
(b)in the definition of “disinfect”, for “the Diseases of Animals (Approved Disinfectants) Order 1978 M76” substitute “ the Diseases of Animals (Approved Disinfectants) (England) Order 2007 M77 ”.
(3) In article 6(2), for “Annex III of Council Directive 92/40/EEC M78” substitute “ Article 50 of Council Directive 2005/94/EC ”.
(4) In Schedule 1—
(a)in Part 1, in paragraph 6, for “article 4.2(e) of, and Annex I to, Council Directive 92/40/EEC” substitute “ Article 7(2)(f) of, and Annex 3 to, Council Directive 2005/94/EC ”;
(b)in Part 2, in paragraph 11, for “Annex II of Council Directive 92/40/EEC” substitute “ Annex 6 to Council Directive 2005/94/EC ”.
Marginal Citations
M74S.I. 2003/1078, to which there are amendments not relevant to these Regulations.
M75OJ No L 10, 14.1.2005, p 16, as last amended by Council Directive 2008/73/EC (OJ No L 219, 14.8.2008, p 40).
M76S.I. 1978/32, revoked in relation to England by S.I. 2007/448.
M77S.I. 2007/448, to which there are amendments not relevant to these Regulations.
M78OJ No L 167, 22.6.1992, p 1, as repealed by Council Directive 2005/94/EC (OJ No L 10, 14.1.2006, p 16).
33.—(1) The Foot-and-Mouth Disease (England) Order 2006 M79 is amended as follows.
(2) In article 8(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “ the Diseases of Animals (Approved Disinfectants) (England) Order 2007 ”.
(3) In article 43(1)(b)(ii), for the words from “regulation 9” to the end substitute “ the Trade in Animals and Related Products Regulations 2011 M80 ”.
Marginal Citations
M79S.I. 2006/182, to which there are amendments not relevant to these Regulations.
M80S.I. 2011/1197, to which there are amendments not relevant to these Regulations.
34.—(1) The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 M81 is amended as follows.
(2) In article 2, in the definition of “border inspection post”, for the words from “Schedule 2” to the end substitute “ regulation 11 of the Trade in Animals and Related Products Regulations 2011 ”.
(3) In article 3—
(a)in paragraph (4), for “the Specified Animal Pathogens Order 1998 M82” substitute “ the Specified Animal Pathogens Order 2008 M83 ”;
(b)in paragraph (5), for the words from “Regulation 19” to the end substitute “ Article 6 of Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof M84 ”.
(4) In article 4(7), for the words from “the National Assembly” to “Northern Ireland” substitute “ the National Assembly for Wales or by the Department of Agriculture, Environment and Rural Affairs, Northern Ireland ”.
(5) In article 66(5)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “ the Diseases of Animals (Approved Disinfectants) (England) Order 2007 ”.
(6) In article 71(3)—
(a)in sub-paragraph (a), for “section 8(2) of the Medicines Act 1968 M85” substitute “ regulation 17 of the Human Medicines Regulations 2012 M86 ”;
(b)in sub-paragraph (b), for “Regulation 5 of the Veterinary Medicines Regulations 2005 M87” substitute “ regulation 5 of the Veterinary Medicines Regulations 2013 M88 ”;
(c)in sub-paragraph (d), for “the Specified Animal Pathogens Order 1998” substitute “ the Specified Animals Pathogens Order 2008 ”.
Marginal Citations
M81S.I. 2006/2702, to which there are amendments not relevant to these Regulations.
M82S.I. 1998/463, revoked in relation to England by S.I. 2008/944.
M83S.I. 2008/944, to which there are amendments not relevant to these Regulations.
M84OJ No L 47, 20.2.2013, p 1.
M851968 c. 67; section 8 was repealed by S.I. 2012/1916.
M86S.I. 2012/1916, to which there are amendments not relevant to these Regulations.
M87S.I. 2005/2745, revoked by S.I. 2006/2407.
M88S.I. 2013/2033, to which there are amendments not relevant to these Regulations.
35. In regulation 5(2)(b) of the Avian Influenza (Vaccination) (England) Regulations 2006 M89, for “regulation 8(3) of the Veterinary Medicines Regulations 2005” substitute “ regulation 3(2)(b) of the Veterinary Medicines Regulations 2013 ”.
Marginal Citations
M89S.I. 2006/2703, to which there are amendments not relevant to these Regulations.
36.—(1) The Avian Influenza (H5N1 in Poultry) (England) Order 2006 M90 is amended as follows.
(2) In article 12—
(a)in paragraph (1)—
(i)after sub-paragraph (a) omit “or”;
(ii)omit sub-paragraph (b).
(b)omit paragraph (2).
(3) In article 17(1)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “ the Diseases of Animals (Approved Disinfectants) (England) Order 2007 ”.
Marginal Citations
M90S.I. 2006/3247, to which there are amendments not relevant to these Regulations.
37. In article 18(1)(a) of the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 M91, for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “ the Diseases of Animals (Approved Disinfectants) (England) Order 2007 ”.
Marginal Citations
M91S.I. 2006/3249, to which there are amendments not relevant to these Regulations.
F238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
39. In regulation 2 of the Bovine Semen (England) Regulations 2007 M92, in the definition of “cattle identification regulations”, for paragraph (a) (together with the final “or”) substitute—
“(a)the Cattle Identification Regulations 2007 M93;”.
Marginal Citations
M92S.I. 2007/1319, to which there are amendments not relevant to these Regulations.
M93S.I. 2007/529, to which there are amendments not relevant to these Regulations.
40. In regulation 2(2) of the Welfare of Farmed Animals (England) Regulations 2007 M94—
(a)in sub-paragraph (a), for the words from “Directive 91/630/EEC M95” to the end substitute “ Directive 2008/120/EC laying down minimum standards for the protection of pigs M96 ”;
(b)after sub-paragraph (b) omit “and”;
(c)in sub-paragraph (c), for the words from “Directive 91/629/EEC M97” to the end substitute “ Directive 2008/119/EC laying down minimum standards for the protection of calves M98 ”.
Marginal Citations
M94S.I. 2007/2078, to which there are amendments not relevant to these Regulations.
M95OJ No L 340, 11.12.1991, p 33, as repealed by Council Directive 2008/120/EC (OJ No L 47, 18.2.2009, p 5).
M96OJ No L 47, 18.2.2009, p 5.
M97OJ No L 340, 11.12.1991, p 28, as repealed by Council Directive 2008/119/EC (OJ No L 10, 15.1.2009, p 7).
M98OJ No L 10, 15.1.2009, p 7.
41. In Schedule 3 to the Products of Animal Origin (Disease Control) (England) Regulations 2008 M99—
(a)in paragraph 1(a) omit the words from “or article 4” to “legible”;
(b)omit paragraph 3(a) (together with the final “or”).
Marginal Citations
M99S.I. 2008/465, to which there are amendments not relevant to these Regulations.
42. In regulation 17 of the Bluetongue Regulations 2008 M100, for “the Veterinary Medicines Regulations 2011 M101” substitute “ the Veterinary Medicines Regulations 2013 ”.
Marginal Citations
M100S.I. 2008/962, amended by S.I. 2012/1977; there are other amending instruments but none is relevant.
M101S.I. 2011/2159, revoked by S.I. 2013/2033.
43.—(1) The Trade in Animals and Related Products Regulations 2011 are amended as follows.
(2) In regulation 35(2)(a), for “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 M102” substitute “ the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015 M103 ”.
(3) In Schedule 2, in Part 2, in paragraph 9(1), for the words from “Commission Regulation” to the end substitute “ Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof ”.
Marginal Citations
M102S.I. 1997/1729, revoked in relation to England by S.I. 2015/787.
44. In article 2 of the Sea Fish Licensing (England) Order 2015 M104, in the definition of “length”, for the words from “Council Regulation” to the end substitute “ Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels M105 ”.
George Eustice
Minister of State
Department for Environment, Food and Rural Affairs
(This note is not part of the Regulations)
These Regulations make amendments in relation to England to a number of pieces of secondary legislation within the remit of the Department for Environment, Food and Rural Affairs.
Several provisions (listed in regulation 1(2)(a) to (e)) reflect an amendment to Annex 3 to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p 3).
Regulation 10(3) amends the Nitrate Pollution Prevention Regulations 2015 (S.I. 2015/668) to correct a reference relating to the methodology used for calculating nitrate concentration in water bodies.
Regulation 14 amends the Water Abstraction (Transitional Provisions) Regulations 2017 (S.I. 2017/1047) to correct an error in the description of what circumstances qualify as granting a more limited abstraction licence than that applied for.
Regulation 24(4) amends the Fruit Juices and Fruit Nectars (England) Regulations 2013 (S.I. 2013/2775) to implement Commission Delegated Regulation (EU) No 1040/2014 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption to adapt its Annex I to technical progress (OJ No L 288, 2.10.2014, p 1). This allows plant proteins from wheat, peas and potatoes to be used for the clarification of products to which the Fruit Juices and Fruit Nectars (England) Regulations 2013 apply.
The Regulations make other miscellaneous minor amendments to legislation in the fields of agriculture, animal health and welfare, environmental protection, food, horticulture, plant health, sea fisheries, seeds, waste and water, in particular amending out of date references to domestic legislation and to EU instruments.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.