The Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 347

Exiting The European Union, Northern Ireland

Agriculture, Northern Ireland

Animals, Northern Ireland

Food, Northern Ireland

The Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

Sift requirements satisfied

6th February 2019

Made

21st February 2019

Laid before Parliament

25th February 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers in section 8(1) of and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 M1 , makes the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure) have been satisfied.

There has been open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council M2 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.

Marginal Citations

M1 2018 c.16

M2 O.J. No. L31, 1.2.2002, p.1, as amended by Commission Regulation (EC) No. 202/2008 (O.J. No. L60, 4.3.2008, p.17)

Valid from 31/12/2020

PART 1 N.I. Introductory

Citation, commencement and extent N.I.

1.  These Regulations may be cited as the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

2.  These Regulations extend to Northern Ireland only.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Valid from 31/12/2020

PART 2 N.I. Amendment of Agriculture (Horse) Provisions

Amendments to the Horses (Free Access to Competitions) Regulations (Northern Ireland) 1992 N.I.

3.—(1) The Horses (Free Access to Competitions) Regulations (Northern Ireland) 1992 M3 are amended as follows.

(2) In regulation 4(1), for “another” substitute “ any ”.

(3) In regulation 5, for “another” substitute “ any ”.

Commencement Information

I3 Reg. 3 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

M3 S.R. 1992 No.540

Valid from 31/12/2020

PART 3 N.I. Amendment of Agriculture (Food) Provisions

Amendments to the Eggs and Chicks Regulations (Northern Ireland) 2010 N.I.

4.—(1) The Eggs and Chicks Regulations (Northern Ireland) 2010 M4 are amended as follows.

(2) In regulation 2(1)—

(a) for the definition of “Council Directive 1999/74/EC” substitute—

““The Northern Ireland welfare regulations” M5 means the Welfare of Farmed Animals Regulations (Northern Ireland) 2012;”

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In regulation 12 (Derogations relating to the marking of eggs)—

(a) for paragraph 3 substitute—

“(3) The conditions are the conditions in the following provisions of the Northern Ireland welfare regulations—

(a) paragraph 2(d) of Schedule 2;

(b) paragraph 2(e) of Schedule 2;

(c) paragraph 5 of Schedule 2;

(d) paragraph 6(a) of Schedule 2;

(e) paragraph 7(a) of Schedule 2.”

(4) In regulation 13 (Derogation relating to barn eggs)—

(a) for paragraph 3 substitute—

“(3) The conditions are the conditions in the following provisions of the Northern Ireland welfare regulations—

(a) paragraph 2(d) of Schedule 2;

(b) paragraph 2(e) of Schedule 2;

(c) paragraph 5 of Schedule 2;

(d) paragraph 6(a) of Schedule 2;

(e) paragraph 7(a) of Schedule 2.”

(5) In regulation 18 (Powers of entry)—

(a) for paragraph (2) substitute—

“(2) The authorised officer may take with them such other persons as they consider necessary.”;

(b) omit paragraph (14).

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In Schedule 2 in Part 2—

(a) in the table at column 2—

F3 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) from “Point 2” to “Directive 1999/74/EC” substitute “Regulation 3 of the Registration of Establishments (Laying Hens) Regulations (Northern Ireland) 2003”.

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 4(2)(b) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

F2 Reg. 4(6) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

F3 Reg. 4(7)(a)(i) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

F4 Reg. 4(7)(b) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Commencement Information

I4 Reg. 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

M4 S.R. 2010 No.125

M5 S.R. 2012 No.156

Amendment to the Beef and Veal Labelling Regulations (Northern Ireland) 2010 N.I.

5.—(1) The Beef and Veal Labelling Regulations (Northern Ireland) 2010 M6 are amended as follows—

(2) Omit regulation 5(1)(b)(viii).

(3) In regulation 7(2) omit “,including any representative of the European Commission”.

Commencement Information

I5 Reg. 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

Marginal Citations

M6 S.R. 2010 No.155

Amendments to the Poultrymeat Regulations (Northern Ireland) 2011 N.I.

6.—(1) The Poultrymeat Regulations (Northern Ireland) 2011 M7 are amended as follows.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) in regulation 11 (Powers of entry)—

(a) for paragraph (2) substitute—

“(2) The authorised officer may be accompanied by such other persons as the authorised officer considers necessary.”

(4) in regulation 12 (Powers of an authorised officer)—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) omit paragraph (12).

Textual Amendments

F5 Reg. 6(2) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

F6 Reg. 6(4)(a) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Commencement Information

I6 Reg. 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

Marginal Citations

M7 S.R. 2011 No.315

Prospective

Amendments to the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016 N.I.

F7 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 7 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Amendments to the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018 N.I.

8.—(1) The Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018 M8 are amended as follows.

(2) In regulation 2(1)—

(a) for “European beef”, each time it occurs, substitute “ retained EU beef ”;

(b) for “European pig”, each time it occurs, substitute “ retained EU pig ”.

(3) Omit regulation 7(2)(b).

(4) Omit regulation 14(2)(b).

(5) In regulation 16 for “European” substitute “ retained EU ”.

(6) In regulation 23 for “European”, each time it occurs (including in the heading), substitute “ retained EU ”.

(7) In regulation 24 for “European”, each time it occurs (including in the heading), substitute “ retained EU ”.

(8) In regulation 33 for “European”, both times it occurs, substitute “ retained EU ”.

(9) In Schedule 1—

(a) for “European”, each time it occurs (including in the heading), substitute “ retained EU ”;

(b) in Part 1, in the fourth row of the table, for “Union” substitute “ United Kingdom ”.

(10) In Schedule 2—

(a) for “European”, each time it occurs (including in the heading), substitute “ retained EU ”;

(b) in Part 1, in the third row of the table, for “methods authorised by the Commission” substitute “ authorised methods ”.

Commencement Information

I7 Reg. 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

M8 S.R. 2018 No.216

Valid from 31/12/2020

PART 4 N.I. Amendment of Agriculture (Miscellaneous) Provisions

Prospective

Amendment to the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 N.I.

F8 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 9 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Prospective

Amendment to the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015 N.I.

F9 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Reg. 10 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Prospective

Amendment to the Rural Development Programme Regulations (Northern Ireland) 2015 N.I.

F10 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Reg. 11 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Amendment to the Single Common Market Organisation (Exceptional Adjustment Aid) Regulations (Northern Ireland) 2017 N.I.

12.  In the Single Common Market Organisation (Exceptional Adjustment Aid) Regulations (Northern Ireland) 2017 M9 , for regulation 12(3) substitute—

“(3) An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other persons as the authorised person considers necessary.”

Commencement Information

I8 Reg. 12 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

M9 S.R. 2017 No.13

George Eustice

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Part 2 makes necessary amendments to subordinate legislation in relation to horses.

Part 3 makes necessary amendments to subordinate legislation in relation to food.

Part 4 makes necessary miscellaneous amendments to subordinate legislation in relation to the Common Agricultural Policy Regulations, the Rural Development Programme Regulations and the Single Common Market Organisation Regulations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.