The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019

PART 2 Amendment of subordinate legislation

The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

2.—(1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(1) are amended as follows.

(2) In rule 1(3), after the definition of “respondent” insert—

““spirit drink decision” means a decision of the Secretary of State specified in column 1 of the table in Annex 2 to Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages(2);

“traditional term wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex 8 to Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation(3);”.

(3) In rule 22(6), after sub-paragraph (j) insert—

“(k) in an appeal against a spirit drink decision, within 28 days of the date on which the decision was published;

(l) in an appeal against a traditional term wine decision, within 28 days of the date on which the decision was published.”.

The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015

3.  In the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015(4), after regulation 4 insert the new regulation 4A in Schedule 1.

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

4.—(1) The Food and Farming (Amendment) (EU Exit) Regulations 2019(5) are amended as follows.

(2) Omit regulation 3.

(3) In regulation 4—

(a) in paragraph (3), in the inserted Article 1a—

(i) in the definition of “the appropriate authority”, for point (b) substitute—

“(b) in relation to Northern Ireland:

(i) in Article 4 and paragraphs 3 and 5(c) of Annex 1 D, the Department of Agriculture, Environment and Rural Affairs;

(ii) in any other case, the Department of Health;”;

(ii) in the definition of “relevant legislation”, in point (b), for “Department of Agriculture, Environment and Rural Affairs” substitute “Department of Health”;

(b) for paragraph (14) substitute—

“(14) Omit Article 12a.”.

(4) Omit regulation 6(7)(c)(ii).

(5) In regulation 7(2), in the inserted Article 1a, for “Department of Agriculture, Environment and Rural Affairs” substitute “Department of Health”—

(a) in the definition of “the appropriate authority”, in point (b);

(b) in the definition of “relevant legislation”, in point (b).

The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019

5.—(1) The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019(6) are amended as follows.

(2) Omit regulation 3.

(3) In regulation 4—

(a) in paragraph (4)(a)(i), for “referred to in” substitute “acts referred to in”;

(b) for paragraph (17)(b)(i) substitute—

“(i) for “the Commission may adopt implementing acts” substitute “regulations may be made”;”.

(1)

S.I. 2009/1976; relevant amending instruments are S.I. 2010/43 and, prospectively on exit day, S.I. 2019/828.

(2)

It is prospectively amended on exit day by regulation 15 of, and Schedule 4 to, these Regulations; Annex 2 is prospectively inserted by regulation 15(36) and Part 2 of Schedule 4 on exit day.

(3)

It is prospectively amended on exit day by S.I. 2019/759, 778 and regulation 13 of, and Schedule 3 to, these Regulations; Annex 8 is prospectively inserted on exit day by regulation 13(28) of, and Part 2 of Schedule 3 to, these Regulations. See the definition of “the Article 25 Register” and “third country” in Article 1a which are prospectively inserted on exit day by S.I. 2019/759.

(4)

S.R. 2015 No.365, amended by S.R. 2017 No.201 and, prospectively on exit day, by S.I. 2019/353.

(5)

S.I. 2019/759.

(6)

S.I. 2019/778.