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CHAPTER 2U.K.Marketing Standards Amendments

SECTION 1U.K.Eggs

Amendment of Commission Regulation (EC) No 589/2008U.K.

4.—(1) Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs is amended as follows.

(2) In Article 1—

(a)in the second subparagraph—

(i)in point (g), for “Article 1(2) of Directive 2000/13/EC” substitute “ Article 2(2)(d) of Regulation (EU) No 1169/2011 ”;

(ii)for point (p) substitute—

“(p)‘production site’ means an establishment keeping laying hens, registered in accordance with:

(i)in England, the Registration of Establishments (Laying Hens) (England) Regulations 2003 M1,

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)in Scotland, the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 M2,

(iv)in Wales, the Registration of Establishments (Laying Hens) (Wales) Regulations 2004 M3;”;

(iii)for point (s) substitute—

“(s)‘producer code’ means the distinguishing number allocated to the production site in accordance with the legislation applying in the relevant constituent nation.”;

(iv)After point (t) M4, insert—

“(u)‘relevant authority’ means:

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

F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(v)‘the English welfare regulations’ means the Welfare of Farmed Animals (England) Regulations 2007 M5;

F3(w). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)‘the Scottish welfare regulations’ means the Welfare of Farmed Animals (Scotland) Regulations 2010 M6;

(y)‘the Welsh welfare regulations’ means the Welfare of Farmed Animals (Wales) Regulations 2007 M7;

(z)‘constituent nation’ means England, Wales, [F4or Scotland], as the case may be.”.

(3) In Article 2(2), omit “, except as provided for in Article 3”.

(4) Omit Article 3.

(5) In Article 4(2), for “Directive 2000/13/EC” substitute “ Regulation (EU) No 1169/2011 ”.

(6) In Article 5(2)—

(a)for the second subparagraph substitute—

“The competent authority shall allot the packing centre a packing centre code. The packing centre code must include the code ‘UK’.”.

(7) In Article 6(3), for “Article 9(2) of Directive 2000/13/EC” substitute “ Annex 10 to Regulation (EU) No 1169/2011 ”.

(8) Omit Article 8.

(9) In Article 9—

(a)in paragraph 1, for the words from “shall consist” to “It shall” substitute “ must ”;

(b)in paragraph 2, for the words from “point 1” to “1234/2007” substitute “ point 3(1) of part 6 of Annex 7 to Regulation (EU) No 1308/2013 ”.

(10) In Article 10, for the words from “point 1” to “1234/2007” substitute “ point 3(1) of part 6 of Annex 7 to Regulation (EU) No 1308/2013 ”.

(11) In Article 11—

(a)for paragraph 1 substitute—

“Save as otherwise provided for by the sanitary legislation, nothing in this Regulation prevents the relevant authority from using any power that authority has to exempt operators from the [F5marking] obligations provided for in point 3(1) of part 6 of Annex 7 to Regulation (EU) No 1308/2013 where eggs are delivered directly from the production site to the food industry.”;

(b)in paragraph 2—

(i)omit point (a);

(ii)in point (b), for “authorities of” to the end substitute “ authority ”.

(12) In Article 12—

(a)in paragraph 1—

(i)omit point (e);

(ii)in point (f), for “Article 3(1)(6) of Directive 2000/13/EC” substitute “ Article 9(1)(g) of Regulation (EU) No 1169/2011 ”;

(b)in paragraph 2—

(i)in the second subparagraph—

(aa)in point (a), for “set out in Part A of Annex I” substitute “ ‘Free range eggs’, ‘Barn eggs’ or ‘Eggs from caged hens’”;

(bb)in point (b), for “Article 2 of Council Regulation (EEC) No 2092/91” substitute “ Article 23(1) of Council Regulation No 834/2007 ”;

(ii)for the fourth subparagraph substitute—

“The identification of the farming method may be complemented by the indication ‘Enriched cages’ where laying hens are kept in systems of production in accordance with the requirements laid down in—

(i)Schedule 4 to the English welfare regulations,

F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)Schedule 3 to the Scottish welfare regulations,

(iv)Schedule 4 to the Welsh welfare regulations.

The terms referred to in this paragraph must appear in English, but may also appear in any other language.”;

(c)in paragraph 3, for the words from “which may” to the end substitute “ provided that they are compatible with retained direct EU legislation ”;

(d)for paragraph 5 substitute—

“5.  The relevant authority may require that the labels be affixed to packs of eggs in such a way so as to be broken when opening the packs.”.

(13) In Article 13, for “Article 3(1)(5) of Directive 2000/13/EC” substitute “ Annex 10 to Regulation (EU) No 1169/2011 ”.

(14) In Article 24(1), for “Member States” substitute “ relevant authority ”.

[F7(15) In Article 29—

(a)in the heading, at the end insert “and for movement into Northern Ireland”;

(b)in the first subparagraph—

(i)after “export”, insert “, or movement into Northern Ireland,”;

(ii)for “Annex XIV to Regulation (EC) No 1234/2007” substitute “Annex 7 to Regulation (EU) No 1308/2013.”.]

[F8(15A) After Article 30(2), insert—

“(2A) Eggs and packs of eggs moving from Northern Ireland to Great Britain must be marked in accordance with the requirements in this Regulation and in Annex 7 to Regulation (EU) No 1308/2013.”.]

(16) In Article 30(3)—

(a)for the words from “point 3” to “1234/2007” substitute “ paragraph 1 above ”;

(b)in point (b), for “non-EC” substitute “ non-UK ”;

(c)at the end insert—

“Eggs may continue to be marked as ‘non-EC standard’ for a period of 21 months beginning on the day on which [F9IP completion day] falls.”.

(17) Omit Article 32.

(18) Omit Articles 34 to 37.

(19) After Article 39, omit the words from “This Regulation” to “Member States.”.

(20) Omit Annex 1.

(21) In Annex 2—

(a)in paragraph 1—

(i)for the first subparagraph substitute—

“‘Free-range eggs’ must be produced in systems of production which satisfy at least the conditions specified in:

(i)in England, Schedule 2 to the English welfare regulations;

F10(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)in Scotland, Part 5 of Schedule 3 to the Scottish welfare regulations;

(iv)in Wales, Schedule 2 to the Welsh welfare regulations.”;

(ii)in the second subparagraph—

(aa)in point (a), for “Union law” substitute “ retained direct EU legislation ”;

(bb)in point (d), for the words from “in Article 4(1)(3)(b)(ii)” to the end substitute—

“in:

(i)paragraph 7(b)(ii) of Schedule 2 to the English welfare regulations;

F11(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)paragraph 19(b)(ii) of Schedule 3 to the Scottish welfare regulations;

(iv)paragraph 7(b)(ii) of Schedule 2 to the Welsh welfare regulations

are evenly distributed throughout the whole open-air run with at least four shelters per hectare.”;

(b)in paragraph 2, for “in Article 4 of Directive 1999/74/EC.” substitute—

“in:

(a)in England, Schedule 2 to the English welfare regulations;

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in Scotland, Part 5 of Schedule 3 to the Scottish welfare regulations;

(d)in Wales, Schedule 2 to the Welsh welfare regulations.”;

(c)in paragraph 3—

(i)omit point (a);

(ii)for point (b) substitute—

“(b)the conditions specified in—

(i)in England, Schedule 4 to the English welfare regulations;

F13(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)in Scotland, Schedule 3 to the Scottish welfare regulations;

(iv)in Wales, Schedule 4 to the Welsh welfare regulations.”;

(d)omit paragraph 4.

(22) Omit Annex 3.

Textual Amendments

Commencement Information

I1Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1S.I. 2003/3100, as amended by S.I. 2012/2897, 2013/235, 2018/1033.

M2S.S.I. 2003/576, as amended by S.S.I. 2004/27, 2015/100.

M3S.I. 2004/1432 (W 145), as amended by S.I. 2013/235, 2019/684 (W 131).

M4Point (t) is inserted by S.I. 2019/1402.

M5S.I. 2007/2078, as amended by S.I. 2010/3033; there are other amending instruments but none is relevant.

M6S.S.I. 2010/388, to which there are amendments not relevant to these Regulations.

M7S.I. 2007/3070 (W 264), as amended by S.I. 2010/2713 (W 229); there are other amending instruments but none is relevant.

Amendment of Commission Regulation (EC) No 617/2008U.K.

5.—(1) Commission Regulation (EC) No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks is amended as follows.

(2) In Article 1—

(a)in paragraphs 1 and 2, for “Community” substitute “ United Kingdom ”;

(b)after paragraph 4, insert—

“5.  ‘relevant authority’ means:

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

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

6.  ‘third country’ means any country or territory other than—

(a)the United Kingdom,

(b)the Bailiwick of Guernsey,

(c)the Bailiwick of Jersey, or

(d)the Isle of Man.”

(3) In Article 2—

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

(i)for “agency” substitute “ authority ”;

(ii)for “Member State” substitute “ relevant authority ”;

(b)in paragraph 2—

(i)omit the words from “of the Member” to “located”;

(ii)for “This” substitute “ The competent ”

(iii)for “one of the codes listed in Annex I” substitute “the country code ‘UK’”.

(4) In Article 3—

(a)in paragraph 3—

(i)for the first sentence substitute—

“In accordance with the legislation applying in the constituent nation, eggs for hatching may be marked in a different manner from that presented in paragraph 2, provided that it is in black ink, indelible, clearly visible and at least 10mm2 in area.”;

(ii)omit the third sentence;

(b)in paragraph 4, for “one of the markings listed in Annex II” substitute “the marking ‘eggs for hatching’”;

(c)in paragraph 5, for “Article 121(d) of Regulation (EC) No 1234/2007” substitute “ Articles 75(3), 78(1) and 89 of Regulation (EU) No 1308/2013 ”;

(d)omit paragraph 7;

(e)in paragraph 8, in the first sentence for the words from “words ‘à couver’” to the end substitute “word ‘hatching’, either in English or in the language of the country of origin”;

(f)after paragraph 8, insert—

F15“9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.  In paragraph 3, ‘constituent nation’ means England, Wales [F16or Scotland], as the case may be.”.

F17(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In Article 8—

(a)in paragraph 1, for “agency of the Member State” substitute “ authority ”;

(b)for paragraph 2 substitute—

“2.  The relevant authority may request statistical data on flocks of grandparent stock and parent stock birds from establishments other than those referred to in paragraph 1, as required.”;

(c)omit paragraphs 3 and 4;

(d)in paragraph 5, for “Member States” substitute “ The competent authority ”;

(e)in paragraph 6—

(i)for “Member States” substitute “ The relevant authority ”;

(ii)omit the words from “or at the” to the end;

(f)omit paragraph 7.

(7) In Article 9, for “Member State” substitute “ relevant authority ”.

(8) Omit Articles 10 to 11a.

(9) After Article 13, omit the words from “This Regulation” to “Member States.”.

(10) Omit Annexes 1 and 2.

(11) In Annex 3, in part 2, omit the first table.

(12) In Annex 4—

(a)in the heading omit “(4)”;

(b)omit table note (4).

Textual Amendments

Commencement Information

I2Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 2U.K.Olive Oil

Amendment of Commission Regulation (EEC) No 2568/91U.K.

6.—(1) Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis is amended as follows.

(2) In Article 1—

(a)in paragraphs 1 to 7, for “the Annex to Regulation No 136/66/EEC” substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(b)after paragraph 7, insert—

“8.  In this Regulation:

(a)‘appropriate authority’ means:

(i)the relevant authority, or

(ii)the Secretary of State:

(aa)in relation to Scotland, if consent is given by the Scottish Ministers;

F18(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)‘constituent nation’ means England, Wales [F19or Scotland], as the case may be;

(c)‘relevant authority’ means:

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

F20(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(iv)in relation to Wales, the Welsh Ministers.”.

(3) In Article 2—

(a)in paragraph 2—

(i)in the first subparagraph—

(aa)omit “by national authorities or their representatives”;

(bb)for “Member States” substitute “ Secretary of State, with the agreement of the relevant authorities for Wales [F21and Scotland];

(ii)in the second subparagraph, for “by the Member State” substitute “ in accordance with the first subparagraph ”;

(iii)in the third subparagraph, for the first sentence substitute—

“If the panel does not confirm the category declared as regards the organoleptic characteristics then, at the interested party's request, the appropriate authority must ensure that two counter-assessments are carried out without delay by other panels approved in accordance with the first subparagraph.”;

(b)in paragraph 3, in the first subparagraph—

(i)in the first sentence, for “national authorities or their representatives verify” substitute “ appropriate authority verifies ”;

(ii)in the third sentence, for “competent authority of the Member State” substitute “ appropriate authority ”.

(4) In Article 2a—

[F22(a)in paragraph 1, for the words from “of a relevant” to the end substitute “that is consumed in or exported from Great Britain, or moved from Great Britain into Northern Ireland”;]

(b)in paragraph 2, for “Member States” substitute “ The appropriate authority ”;

[F23(c)in paragraph 3(e), for “the Union”, in both places it occurs, substitute “Great Britain”;]

(d)in paragraph 4—

(i)in the first subparagraph, for “Member States shall lay down in advance” substitute “ The appropriate authority must ensure there are established ”;

(ii)for the second subparagraph substitute—

“The relevant authorities must jointly ensure that at least one conformity check per thousand tonnes of olive oil marketed in [F24Great Britain] is carried out per year.”;

(e)in paragraph 5, for “Member States” substitute “ The appropriate authority ”.

(5) In Article 3—

(a)in the first subparagraph, for “Member State concerned shall,” substitute “ appropriate authority must, in accordance with the legislation applying in the constituent nation concerned and ”;

(b)in the second subparagraph, for “Member States” substitute “ the appropriate authority ”.

(6) For Article 4 substitute—

“Article 4U.K.

1.  The Secretary of State may, with the agreement of the [F25relevant authorities for Wales and Scotland], approve assessment panels for the purposes of assessing and verifying organoleptic characteristics.

The terms of approval must be set by the Secretary of State, with the agreement of the [F25relevant authorities for Wales and Scotland], and ensure that:

(a)the requirements of Annex XII.4 are met,

(b)the panel head is given training recognised for this purpose by the Secretary of State, with the agreement of the [F25relevant authorities for Wales and Scotland],

(c)continued approval depends on performance in annual checks arranged by the relevant authorities jointly.

2.  If there is no approved tasting panel in [F26Great Britain], the Secretary of State, with the agreement of the [F25relevant authorities for Wales and Scotland], may call on a tasting panel approved by the International Olive Council.

3.  The relevant authorities must jointly ensure that there is an up-to-date list of any tasting panels set up in [F26Great Britain] by professional or inter-branch organisations in accordance with the conditions laid down in paragraph 1, and that those conditions are complied with by the panels.”.

(7) In Article 7, for “The Community provisions” substitute “ Retained direct EU legislation ”.

(8) In Article 7a, omit the second sub-paragraph.

(9) Omit Articles 8 and 10.

(10) After Article 10, omit the words from “This Regulation” to “Member States.”.

(11) In Annex 1a—

(a)in paragraph 1.1, for the sentence after Table 1 substitute—

“The number of packs referred to in Table 1 constitute a primary sample. Nothing in this Regulation prevents the appropriate authority from increasing the number of packs according to their own needs (for example organoleptic assessment by a different laboratory from that which performed the chemical analyses, counter-analysis, etc).”;

(b)in paragraph 1.2, in the third subparagraph after Table 2, for the words from “The number” to “State” substitute “ Nothing in this Regulation prevents the appropriate authority from increasing the number of primary samples ”.

Textual Amendments

Commencement Information

I3Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Commission Implementing Regulation (EU) No 29/2012U.K.

7.—(1) Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil is amended as follows.

(2) In Article 1—

(a)in paragraph 1—

(i)for “Directive 2000/13/EC and Regulation (EC) No 510/2006” substitute “ Regulation (EU) No 1169/2011 and Regulation (EU) No 1151/2012 ”;

(ii)for “Annex XVI to Regulation (EC) No 1234/2007” substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(b)after paragraph 2, insert—

“3.  In this Regulation:

(a)‘appropriate authority’ means:

(i)in relation to:

(aa)England, the Secretary of State;

F27(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cc)Scotland, the Scottish Ministers;

(dd)Wales, the Welsh Ministers, or

(ii)the Secretary of State:

(aa)in relation to Scotland, if consent is given by the Scottish Ministers;

F28(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)‘constituent nation’ means England, Wales [F29or Scotland], as the case may be;

(c)a reference to a ‘country’ is to be read as including the British Overseas Territories.”.

(3) In Article 2—

(a)in the first subparagraph, after “opened and” insert “ , subject to the third subparagraph ”;

(b)in the second subparagraph, for “the Member States may set” substitute “ nothing in this Regulation prevents the appropriate authority from setting ”;

(c)after the second subparagraph insert—

“Oils as referred to in Article 1(1) which are labelled in accordance with this Regulation as it had effect immediately before [F30IP completion day] may:

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)be placed on the market until the end of the period of 21 months beginning on the day on which [F30IP completion day] falls, and remain on the market until stocks are exhausted.”.

(4) In Article 3, in the first subparagraph—

(a)for “Article 118 of Regulation (EC) No 1234/2007” substitute “ Article 78(1) of Regulation (EU) 1308/2013 ”;

(b)for “Article 3(1)(1) of Directive 2000/13/EC” substitute “ Article 9 of Regulation (EU) 1169/2011 ”.

(5) In Article 4—

(a)in paragraph 1, for “Annex XVI to Regulation (EC) No 1234/2007”, in both places it occurs, substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(b)in paragraph 2—

(i)in point (a), for the words from “from” to the end substitute “ from one country, a reference to that country; or ”;

(ii)for point (b) substitute—

“(b)in the case of blends of olive oils originating, in accordance with the provisions of paragraphs 4 and 5, from more than one country:

(i)a reference to the countries concerned, or

(ii)the words ‘blend of olive oils from more than one country’ or similar; or”;

(iii)in point (c), for “Regulation (EC) No 510/2006 substitute “ Regulation (EU) No 1151/2012 ”;

(c)for paragraphs 4 and 5 substitute—

“4.  In the case of import from another country, the designation of origin for the purposes of paragraph 1 is the country in which the mill where the oil was extracted from the olives is situated.

5.  The designation of origin may also contain wording indicating the country in which the olives were harvested.

6.  By way of derogation from paragraphs 2, 4 and 5, in relation to any country or countries each of which is a member of a block of countries to which a regional trade agreement applies, references to that country or countries in the designation of origin may be replaced by references to the name under which the block of countries is known pursuant to that regional trade agreement.

7.  In this Article, ‘regional trade agreement’ means an agreement of the type to which Article 24(5) of the General Agreement on Tariffs and Trade 1994 M8 applies.”.

(6) In Article 5(e), for “Annex XVI to Regulation (EC) No 1234/2007” substitute “ Part 8 of Annex 7 to Regulation (EU) No 1308/2013 ”.

(7) Omit Article 5a.

(8) In Article 6(1), omit the third subparagraph.

(9) Omit Article 7.

(10) In Article 8—

(a)omit paragraph 1;

(b)for paragraph 2 substitute—

“(2) The appropriate authority may take samples to verify the truth of the indications on the labelling concerned.”;

(c)omit paragraphs 3 and 4.

(11) In Article 8a—

(a)in the first sentence, for “Each Member State” substitute “ The appropriate authority ”;

(b)omit the second sentence.

(12) In Article 9—

(a)for paragraph 1 substitute—

“1.  Without prejudice to the penalties laid down in Regulation (EU) No 1308/2013 and in Article 3 of Regulation (EEC) No 2568/91, the appropriate authority must apply, in accordance with the legislation applying in the constituent nation concerned, effective, proportionate and dissuasive penalties if this Regulation is breached.”;

(b)in paragraph 2—

(i)in the first subparagraph—

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

(bb)for “their territory” substitute “ the constituent nation concerned ”;

(ii)in the second subparagraph—

(aa)omit point (b);

(bb)in point (c), for “Member State concerned” substitute “ appropriate authority ”.

(13) Omit Articles 10, 10a and 12.

(14) After Article 12, omit the words from “This Regulation” to “Member States.”.

Textual Amendments

Commencement Information

I4Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M8Available from: https://www.wto.org/english/tratop_e/region_e/region_art24_e.htm. A hard copy is available for inspection free of charge at the offices of DEFRA at Seacole Building, 2 Marsham Street, London SW1P 4DF.

SECTION 3U.K.Poultrymeat

Amendment of Commission Regulation (EC) No 543/2008U.K.

8.—(1) Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat is amended as follows.

(2) In Article 1—

(a)in the words before paragraph 1, for “Article 121(e)(ii) of Regulation (EC) No 1234/2007” substitute “ Article 75(1)(g) of Regulation (EC) No 1308/2013 ”;

(b)in paragraph 1(a), in the fourth indent, for “Member States may apply Article 12” substitute “ Article 12 may be applied ”;

(c)in paragraph 2, in the last subparagraph, for the words from “Article 1(3)(a)” to the end substitute “ Article 2(2)(j) of Regulation (EU) No 1169/2011 ”.

(3) In Article 2—

(a)in point (c), for “Article 1(3)(b) of Directive 2000/13/EC” substitute “ Article 2(2)(e) of Regulation (EU) No 1169/2011 ”;

(b)after point (f) insert—

“(g)‘third country’ means any country or territory other than—

(i)the United Kingdom,

(ii)the Bailiwick of Guernsey,

(iii)the Bailiwick of Jersey, or

(iv)the Isle of Man;

(h)‘relevant authority’ means:

(i)in relation to England, the Secretary of State,

F32(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)in relation to Scotland, the Scottish Ministers,

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

(i)‘national reference laboratory’ means a laboratory designated in accordance with Article 100 of Regulation (EU) 2017/625.”.

(4) In Article 3(5)—

(a)in the words before point (a)—

(i)for “adopted in accordance with Directive 2000/13/EC” substitute “ made in accordance with Regulation (EU) No 1169/2011 ”;

(ii)for “within the meaning of Article 13(1)(b) of that Directive” substitute “ referred to in Article 8(7) of that Regulation ”;

(b)omit point (a);

(c)in point (b), for the words from “point III(2)” to “1234/2007” substitute “ points 2(2) to (4) of Part 5 of Annex 7 to Regulation (EU) No 1308/2013 ”.

(5) In Article 4(1)—

(a)the existing text becomes the first subparagraph;

(b)in that subparagraph, in the words before the first indent—

(i)for “Article 3(1)(1) of Directive 2000/13/EC” substitute “ Article 9(1)(a) of Regulation (EU) No 1169/2011 ”;

(ii)omit the words from “and the” to “to this Regulation”;

(c)after that subparagraph insert—

“The terms referred to in the first subparagraph must appear in English, but may also appear in any other language.”.

(6) In Article 5—

[F33(a)in paragraph 1, for “the Community” substitute “Great Britain”;]

(b)in paragraph 2, for “Directive 2000/13/EC” substitute “ Regulation (EU) No 1169/2011 ”;

(c)in paragraph 3, for “Article 10 of Directive 2000/13/EC” substitute “ Article 24 of Regulation (EU) No 1169/2011 ”;

(d)in paragraph 4—

(i)omit point (a);

(ii)in point (c), for the words from “point III(2)” to “1234/2007” substitute “ point 3 of Part 5 of Annex 7 to Regulation (EU) No 1308/2013 ”;

(e)in paragraph 5, for “Article 14 of Directive 2000/13/EC” substitute “ Article 44 of Regulation (EU) No 1169/2011 ”.

(7) In Article 6, for the words from “point II(3)” to “1234/2007” substitute “ point 2(3) of Part 5 of Annex 7 of Regulation 1308/2013 ”.

(8) In Article 9—

(a)in paragraph 1, omit the words from “may be” to “The pre-packages”;

(b)omit paragraph 13;

(c)at the end insert—

“14.  For the purposes of this Article, Directive 76/211/EEC M9 is to be read in accordance with paragraphs 15 to 17.

15.  “Third country” has the meaning set out in Article 2(g).

16.  Annex 1 is to be read as if:

(a)in paragraph 4:

(i)in the fifth subparagraph, for the words from “departments in” to “departments” there were substituted “ authority and if he holds at the disposal of the competent authority ”;

(ii)in the sixth subparagraph, for “non-EEC” there were substituted “ third ”;

(b)in paragraph 5:

(i)in the heading:

(aa)for “departments” there were substituted “ authority ”;

[F34(bb) for “the Community” there were substituted “Great Britain”;]

(ii)in the first subparagraph:

(aa)for “departments of the Member States” there were substituted “ authority ”;

[F35(bb) for “the Community” there were substituted “Great Britain”;]

(iii)in the third and fourth subparagraphs “used by a Member State” were omitted;

(c)in paragraph 6:

(i)in the heading, for “departments” there were substituted “ authority ”;

(ii)in the first subparagraph, for “departments of the Member States” there were substituted “ authority ”.

17.  Annex 2 is to be read as if, in paragraph 1, the third subparagraph were omitted.”.

(9) In Article 10—

(a)the existing text becomes the first paragraph;

(b)in that paragraph—

(i)omit the words from “and the” to “Annex III”;

(ii)for “Article 1(3)(a) of Directive 2000/13/EC” substitute “ Article 2(2)(j) of Regulation (EU) No 1169/2011 ”;

(c)after that paragraph insert—

“The terms referred to in the first paragraph must appear in English, but may also appear in any other language.”.

(10) In Article 11—

(a)in paragraph 1—

(i)omit the words from “and the” to “Annex IV”;

(ii)for “Article 1(3)(a) of Directive 2000/13/EC” substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011;

(iii)at the end insert the following subparagraph—

“The terms referred to in the first subparagraph must appear in English, but may also appear in any other language.”.

(b)in paragraph 3—

(i)omit “national”;

(ii)omit the words from “which are applicable” to the end;

(c)omit paragraphs 4 and 5.

(11) In Article 12—

(a)in paragraph 1(a), omit “of the Member State”;

(b)in paragraph 6, for the words from “Each” to “Commission” substitute “ The relevant authority must make available ”.

(12) In Article 13—

(a)for “Article 121(e)(v) of Regulation (EC) 1234/2007” substitute “ Article 75(3)(g) of Regulation (EU) No 1308/2013 ”;

(b)for “Member States” substitute “ relevant authority ”;

(c)for “authorities of the Member State concerned” substitute “ authority ”.

(13) In Article 14—

(a)in the second paragraph, for “Commission” substitute “ relevant authority ”.

(b)after the second paragraph insert—

“The requirement in the first paragraph applies to products entering the United Kingdom from the European Union only on or after the period of 12 months beginning on the day on which [F36IP completion day] falls.”.

(14) In Article 15—

(a)in paragraph 1—

(i)omit “and Article 17(3)”;

[F37(ii)for “the Community” substitute “Great Britain”;]

(b)in paragraph 2, for “authorities designated by each Member State” substitute “ authority ”.

(15) In Article 16—

(a)in paragraph 2, omit “of the Member State”;

(b)in paragraph 3—

(i)in the first subparagraph, for “authorities”, in both places it occurs, substitute “ authority ”;

(ii)in the second subparagraph, for “They” substitute “ The competent authority ”;

(c)in paragraph 5—

(i)after “in the” insert “ national ”;

(ii)omit “of the Member State” in both places that it appears;

(d)in paragraph 6—

(i)in the first subparagraph—

(aa)for “within the Community” substitute “ in [F38Great Britain] ”;

(bb)for the words from “at least” to the end substitute “the words ‘water content exceeds UK limit’”;

(ii)in the second subparagraph, for “within the Community” substitute “ in [F39Great Britain] ”.

(16) Omit Article 17.

(17) In Article 18—

(a)in paragraph 1—

(i)in the first subparagraph—

(aa)for the words from “authorities” to “respective” substitute “ authority must inform the ”;

(bb)for “15, 16 and 17” substitute “ 15 and 16 ”;

(ii)in the second subparagraph—

(aa)for “laboratories shall notify the Commission” substitute “ laboratory must notify the relevant authority ”;

(bb)omit the second sentence;

(b)in paragraph 2—

(i)in the first sentence—

(aa)for “Member States” substitute “ relevant authority ”;

(bb)for “15, 16 and 17” substitute “ 15 and 16 ”;

(ii)omit the second and third sentences.

(18) In Article 20—

[F40(a)in paragraph 1, for “the Community” substitute “Great Britain”;]

(b)in paragraph 2, for “authorities designated by each Member State” substitute “ authority ”.

(19) Omit Article 20a.

(20) After Article 22, omit the words from “This Regulation” to “Member States.”.

(21) Omit Annexes 1, 3 and 4.

(22) In Annex 5, in point (e), in the second subparagraph, for “Community law” substitute “ retained direct EU legislation ”.

(23) In Annexes 7 and 8, in paragraph 3, for “Council” substitute “ relevant authority ”.

(24) Omit Annexes 10 and 11.

Textual Amendments

Commencement Information

I5Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M9OJ No L 46, 21.2.1976, p 1, as last amended by Directive 2007/45/EC of the European Parliament and of the Council (OJ No L 247, 21.9.2007, p 17).

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