The Eggs and Poultrymeat (England) (Amendment) Regulations 2019

Statutory Instruments

2019 No. 1442

Food, England

The Eggs and Poultrymeat (England) (Amendment) Regulations 2019

Made

at 12.10 p.m. on 31st October 2019

Laid before Parliament

at 5.00 p.m. on 31st October 2019

Coming into force

23rd November 2019

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1). The Secretary of State is a Minister designated(2) for the purposes of that section in relation to the common agricultural policy.

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(3) during the preparation, evaluation and revision of food law in relation to these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Eggs and Poultrymeat (England) (Amendment) Regulations 2019 and come into force on 23rd November 2019.

Amendment of the Eggs and Chicks (England) Regulations 2009

2.—(1) The Eggs and Chicks (England) Regulations 2009(4) are amended as follows.

(2) In regulation 3(6)(a), after “any provision of” insert “the Single CMO Regulation(5) or”.

(3) In Schedule 1, in Part 1, in the table, in row 1 (Article 74)—

(a) for the entry in column 1, for “Article 74 or Regulation (EU) 2013” substitute “Article 116 of the Single CMO Regulation”;

(b) in column 2, omit “Article 116 of, and”.

(4) In Schedule 2, in Part 1—

(a) for the heading substitute—

“PROVISIONS OF THE SINGLE CMO REGULATION OR REGULATION (EU) 2013”;

(b) in the table—

(i) in the heading to column 1, at the end insert “, or where stipulated, the Single CMO Regulation”;

(ii) in the heading to column 2, omit “of Regulation (EU) 2013”;

(iii) in row 1 (Article 74), in column 1 for “Article 74” substitute “Article 116 of the Single CMO Regulation”.

(5) In Schedule 3, in the table, in row 3 (Point 2, second sub-paragraph, paragraph (a), of Part D of Annex 2), in column 2, for “Article 74 and” substitute “Article 116 of the Single CMO Regulation,”.

Amendment of the Poultrymeat (England) Regulations 2011

3.  In Schedule 1 to the Poultrymeat (England) Regulations 2011(6), in Part 1, in the table, in row 1 (Article 74)—

(a) in column 1, for “Article 74 of Regulation (EU) 2013” substitute “Article 116 of the Single CMO Regulation”;

(b) for the entry in column 2 substitute—

“Part B(I)(2) and (3) and (III)(1) of Annex 14 to the Single CMO Regulation and the Commission Regulation”.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

At 12.10 p.m. on 31st October 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Eggs and Chicks (England) Regulations 2009 (S.I. 2009/2163) and the Poultrymeat (England) Regulations 2011 (S.I. 2011/452) to adjust references in the enforcement provisions within those Regulations to Regulation (EU) No 1308/2013 of the European Parliament and of the Council (OJ No L 347, 20.12.2013, p. 671) and Council Regulation (EC) No 1234/2007 (OJ No L 299, 16.11.2007, p. 1).

An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day (see section 20 of that Act).

(2)

S.I. 1972/1811, to which there are amendments not relevant to these Regulations. It is prospectively revoked by S.I. 2018/1011 from exit day. The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by S.I. 2002/794.

(3)

OJ No L 31, 1.2.2002, p. 1, as last amended by Regulation (EU) 2019/1243 (OJ No L 198, 25.7.2019, p. 241).

(4)

S.I. 2009/2163, as amended by S.I. 2011/1043, 2013/3235, 2014/1855, 2018/575.

(5)

For the meaning of “Single CMO Regulation”, see regulation 3(1).

(6)

S.I. 2011/452, as amended by S.I. 2013/3235; there are other amending instruments but none is relevant.