The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019

PART 2 U.K. Amendment of retained direct EU legislation

Amendment of Regulation (EC) 853/2004 U.K.

3.  Regulation (EC) 853/2004 is amended as follows.

Commencement Information

I1 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

4.  In Article 1—

(a) in paragraph 4, for “Member States” substitute “ The appropriate authority ” and, in both places in which it occurs, omit “national”;

(b) in paragraph 5—

(i) in point (b)(ii), omit “, in accordance with national law,”;

(ii) in point (c)—

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

(bb) omit “national” and “situated on their territory”.

Commencement Information

I2 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

5.  In Article 2, at the end, insert new paragraphs 5, 6 and 7—

“5.   “appropriate authority” means—

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

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

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

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.   “prescribe” means prescribe by regulations;

F2 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F1 Words in reg. 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(3)(a)

F2 Words in reg. 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(3)(b)

Commencement Information

I3 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

Prospective

F3 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 6 omitted (31.1.2020 immediately before IP completion day) by virtue of The Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1247), regs. 1(2), 2; 2020 c. 1, Sch. 5 para. 1(1)

7.  In Article 4—

(a) in paragraph 1, omit “manufactured in the Community”;

(b) in paragraph 5, in point (a), omit “Community”.

Commencement Information

I4 Reg. 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

8.  In Article 6—

[F4 (a) in the heading, for “the Community” substitute “ Great Britain ”;]

(b) in paragraph 1—

(i) in point (a), in both places in which it occurs, omit “third”;

(ii) in point (b) (ii), omit “or in approved Community establishments”;

(iii) in point (c) (iii), omit “Community”.

Textual Amendments

F4 Reg. 8(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(4)

Commencement Information

I5 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

9.  Omit Article 8.

Commencement Information

I6 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F5 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 10 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(5)

11.  In Article 10—

(a) for paragraph 1, substitute—

“1.   The appropriate authority may prescribe amendments to Annexes 2 and 3 to take account of—

(a) the development of guides to good practice;

(b) the experience gained from the implementation of HACCP-based systems pursuant to Article 5 of Regulation (EC) No 852/2004;

(c) the technological developments and their practical consequences and consumer expectations with regard to food composition;

(d) scientific advice, particularly new risk assessments;

(e) microbiological and temperature criteria for foodstuffs; and

(f) changes in patterns of consumption.”;

(b) for paragraph 2, substitute—

“2.   Without prejudice to the general application of Article 10(1), the appropriate authority may, provided that they do not affect the achievement of the objectives of this Regulation, prescribe exemptions from Annexes 2 and 3.”;

(c) for paragraph 3, substitute—

“3.   Nothing in this Regulation prevents the appropriate authority from using any power which the appropriate authority has to make subordinate legislation adapting the requirements set down in Annex 3 where that legislation does not compromise the achievement of the objectives of this Regulation and—

(a) the adaptations have the aim of—

(i) enabling the continued use of traditional methods, at any of the stages of production, processing or distribution of food; or

(ii) accommodating the needs of food businesses situated in regions that are subject to special geographical constraints;

(b) in cases not involving the matters at (a), the adaptations apply only to the construction, layout and equipment of establishments.”;

(d) omit paragraphs 4, 5, 6 and 7;

(e) for paragraph 8, substitute—

“8.   Nothing in this Regulation prevents the appropriate authority from using any power which the appropriate authority has to make subordinate legislation—

(a) prohibiting or restricting the placing on the market raw milk or raw cream intended for direct human consumption;

(b) permitting the use, with the authorisation of the competent authority, of raw milk not meeting the criteria laid down in Annex 3, Section 9 as regards plate count and somatic cell count of the manufacture of cheeses with an ageing or ripening period of at least 60 days, and dairy products obtained in connection with the manufacture of such cheeses, provided that this does not prejudice the achievement of the objectives of this Regulation.”.

Commencement Information

I7 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

12.  In Article 11—

(a) at the beginning, for the first un-numbered paragraph, substitute—

“Without prejudice to the general application of Article 10(1), the appropriate authority may prescribe implementing measures or amendments to Annex 2 or 3—”;

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 12(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(6)

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

U.K.

[F7 12A.   Omit Article 11A.]

Textual Amendments

F7 Reg. 12A inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(7)

Commencement Information

I9 Reg. 12A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

13.  In Article 12—

(a) for the heading, substitute “ Regulations and devolved powers ”;

(b) for the Article, substitute—

“1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 (Scottish statutory instruments).

3.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

4.   [F9 Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F10 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F11 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F12 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F8 Words in reg. 13(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(8)(a)

F9 Words in reg. 13(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(8)(b)(i)

F10 Words in reg. 13(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(8)(b)(ii)

F11 Words in reg. 13(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(8)(b)(iii)

F12 Words in reg. 13(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(8)(c)

Commencement Information

I10 Reg. 13 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

M1 2010 asp 10.

14.  In Article 13—

(a) in the heading, omit “European”;

(b) for the Article, substitute—

“The appropriate authority must consult the Food Safety Authority on matters falling within the scope of this Regulation that could have a significant impact on public health and, in particular, before proposing to extend Annex 3, Section 3, to other animal species.”.

Commencement Information

I11 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

15.  Omit Article 14.

Commencement Information

I12 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

16.  After Article 15, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I13 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F13 17.   In Annex 1, in paragraph 1, in point 1.5, omit “under the applicable law in the Member State concerned”.]

Textual Amendments

F13 Reg. 17 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(9)

Commencement Information

I14 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

18.  In Annex 2—

[F14 (1) In Section 1—

(a) for Part B, substitute—

“5.   The mark must be legible and indelible, and the characters easily decipherable. It must be clearly displayed for the competent authorities.

6.   The mark must indicate the approval number of the establishment. If an establishment manufactures both food to which this Regulation applies and food to which it does not, the food business operator may apply the same identification mark to both types of food.

7.   When applied in an establishment located in Great Britain, the mark must be oval in shape and include the abbreviation “UK” or “GB” or the words “United Kingdom”. Products imported into Great Britain from establishments located outside the United Kingdom must not be marked in anyway which indicates or suggests that they were produced in the United Kingdom.

8.   When applied in an establishment located in Northern Ireland, the mark must be indicated as ‘UK(NI)’ or ‘United Kingdom (Northern Ireland)’.

9.   When applied in an establishment located outside of the United Kingdom the mark must indicate the name of the country in which the establishment is located, which may be written out in full or as shown as a two-letter code in accordance with the relevant ISO standard.”;

(b) in Part C, in paragraph 14, for “Community rules” substitute “ applicable legislation in force in the relevant constituent territory of Great Britain ”.]

(2) In Section 3, in paragraph 3, in point (a), for “Commission Regulation (EC) No 2075/2005”, substitute “ Commission Regulation (EC) No. 2015/1375 ”.

(3) In Section 4, in paragraph 2, for “Directive 2000/13/EC”, substitute “ Regulation (EU) 1169/2011 ”.

Textual Amendments

F14 Reg. 18(1) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(10)

Commencement Information

I15 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

19.  In Annex 3—

(1) In Section 1, in Chapter 7, in paragraph 3, in point (b)(viii), in the first footnote reference, omit “of the Member State”.

(2) In Section 2, in Chapter 6, in paragraph 9, for “in the same Member State as the farm of production”, substitute “ within the United Kingdom ”.

[F15 (3) in Section 3—

(a) in paragraph 3a, for point (a) substitute —

“(a) the holding is situated in a region which is not under health restrictions in accordance with legislation in force in the relevant constituent territory of Great Britain;”;

(b) after paragraph 3a insert—

“3b.   In paragraph 3a, “region” means that part of a constituent territory of Great Britain which is at least 2000km2 in area and which is subject to inspection by the competent authorities and includes at least one of the following administrative regions—

(a) in England and Wales, a local government area as defined in section 270(1) of the Local Government Act 1972;

(b) in Scotland, a local government area as defined in section 1 of the Local Government etc. (Scotland) Act 1994.”;]

(4) In Section 4, in Chapter 2—

(a) at paragraph 4(a), in the fifth paragraph, omit “in the Member State”;

(b) omit paragraph 8(b).

(5) In Section 5, in Chapter 4, in paragraph 1, omit “if, and to the extent that, national rules in the Member State in the territory of which the product is placed on the market so require”.

(6) In Section 7—

(a) in Chapter 1, in paragraph 4, for the first sentence, substitute—

“The registration document must be in English or in English and Welsh and contain at least the information specified below.”;

(b) in Chapter 7, in paragraph 2, for “Directive 2000/13/EC”, substitute “ Regulation (EU) 1169/2011 ”.

(7) In Section 8—

[F16 (a) in paragraph 1, in the second unnumbered paragraph, for “Union legislation” substitute “legislation in force in the relevant constituent territory of Great Britain.]

(b) in Chapter 2, for paragraph 4, substitute—

“4.   Food business operators must cooperate with relevant competent authorities so as to permit them to carry out official controls in accordance with Regulation (EC) No. 854/2004 and notify the competent authority of where the fishery products are landed.”;

(c) in Chapter 4, in Part B, omit paragraph 4.

(8) In Section 9—

(a) in Chapter 1, in point 3—

(i) omit paragraph 1(b);

(ii) in paragraph 2, omit “and with the existing national criteria referred to in point 1(b) in case of colostrum”;

(b) in Chapter 4, in paragraph 1, for the first sentence, substitute—

“In addition to the requirements of Regulation (EU) No. 1169/2011, except in the cases envisaged in Article 16(1) and (2) of that Regulation, labelling must clearly show—”;

(c) in Chapter 5, in paragraph 2, for “consigning country”, substitute “ United Kingdom ”.

(9) In Section 14, in Chapter 3, in paragraph 1, in sub-paragraph (a), omit “Community”.

Textual Amendments

F15 Reg. 19(3) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(11)(a)

F16 Reg. 19(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(11)(b)

Commencement Information

I16 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F17 Amendment of Regulation (EC) 2074/2005 U.K.

19A.   Regulation (EC) 2074/2005 is amended as follows.

Textual Amendments

F17 Regs. 19A-19C inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(12)

Commencement Information

I17 Reg. 19A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

19B.   In Article 7—

(a) in paragraph 1—

(i) in the opening words, for “foods that, in the Member State in which they are traditionally manufactured, are:” substitute “ foods that are traditionally manufactured in Great Britain and are: ”;

(ii) in sub-paragraph (c), omit “a Community,” and “, regional or local”;

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

(c) omit paragraph 3.

Textual Amendments

F17 Regs. 19A-19C inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(12)

Commencement Information

I18 Reg. 19B in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

19C.   After Article 10, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.]

Textual Amendments

F17 Regs. 19A-19C inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(12)

Commencement Information

I19 Reg. 19C 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 Regulation (EC) 854/2004 U.K.

F18 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 35.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

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Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 41.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 42.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 43.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 44.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 45.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 46.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 47.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 48.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

F18 49.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Regs. 20-49 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(13)

Amendment of Regulation (EU) 101/2013 U.K.

50.  Regulation (EU) 101/2013 is amended as follows.

Commencement Information

I20 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

51.  After Article 2, omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I21 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F19 Amendment of Regulation 2015/1375 U.K.

51A.   Regulation 2015/1375 is amended as follows.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I22 Reg. 51A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51B.   In Article 1(3), omit “in a Member States,”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I23 Reg. 51B in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51D.   In Article 3—

(a) in paragraph 3—

(i) in subparagraph (a) omit “in the Member State”;

(ii) at the end of subparagraph (b) omit “or”;

(iii) omit subparagraph (c);

(b) for paragraph 4 substitute—

“4.   When carcasses and meat of domestic swine are exempt from Trichinella examination pursuant to a derogation under Article 3(3), the competent authority must collect the information referred to in Chapter 2 of Annex 4 and must maintain a list of holdings and compartments to which the derogation applies.”.

(c) in paragraph 5(a)(iii), for “the territory of the Member State” substitute “Great Britain”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I24 Reg. 51D in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51E.   In Article 6(2), omit “or the EU reference laboratory”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I25 Reg. 51E in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51F.   In the opening words of Article 7, for “The competent authorities of the Member States” substitute “ The competent authority ”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I26 Reg. 51F in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51G.   Omit Article 8(2).

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I27 Reg. 51G in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51H.   In Article 11, in the third paragraph, for “EU” substitute “ national ”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I28 Reg. 51H in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51I.   Omit Article 12(2)(e).

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I29 Reg. 51I in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51J.   In Article 13—

(a) in paragraph 1, for “the Union”, substitute “ Great Britain ”;

(b) in the opening words of paragraph 2, for “Commission” substitute “ competent authority ”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I30 Reg. 51J in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51K.   In Article 14—

(a) omit paragraph 1;

(b) in each place where it occurs, for “the Union” substitute “ Great Britain ”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I31 Reg. 51K in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51L.   After Article 16, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I32 Reg. 51L in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51M.   In Annex 1—

(a) in Chapter 1(3)(3) (positive or doubtful results), in the third paragraph omit “EU or”;

(b) in Chapter 2(D)(3)(3) (positive or doubtful results), in the fourth paragraph omit “EU or”.

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I33 Regs. 51M in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

51N.   In Annex 4—

(a) in Chapter 1(C), for “The competent authorities in Member States” substitute “ The competent authority ”;

(b) in Chapter 2, omit subparagraph (a).]

Textual Amendments

F19 Regs. 51A, 51B, 51D-51N inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14) (as amended by S.I. 2020/1631, regs. 1(2), 7(2); 2020 c. 1, Sch. 5 para. 1(1))

Commencement Information

I34 Reg. 51N 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 Regulation (EU) 2015/1474 U.K.

52.  Regulation (EU) 2015/1474 is amended as follows.

Commencement Information

I35 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

53.  After Article 2, omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I36 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F20 Amendment of Regulation 2016/759 U.K.

53A.   Regulation 2016/759 is amended as follows.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I37 Reg. 53A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53B.   Omit Article 3.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I38 Reg. 53B in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53C.   In Article 4—

(a) for paragraph 1, substitute—

“1.   The model certificate for the transit through Great Britain of raw materials and treated raw materials for the production of gelatine and collagen intended for human consumption bound for a third country, either by immediate transit or after storage in Great Britain, must be in the form published by the appropriate authority from time to time on its website.

The appropriate authority may from time to time publish on its website guidance on the completion of the model certificate.

References in other legislation which, on or after IP completion day, forms part of retained EU law to the model official certificate set out in Annex 3 to this Regulation are to be read as references to the form of certificate referred to in the first sentence of this Article.”;

(b) in paragraph 2, for “at Union level” substitute “ in Great Britain ”.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I39 Reg. 53C in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53D.   Omit Article 5.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I40 Reg. 53D in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53E.   After Article 9, omit “This Regulation shall be binding in its entirely and directly applicable in all Member States.”.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I41 Reg. 53E in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53F.   Omit Annexes 3 and 4.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I42 Reg. 53F in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

General transitional provision relating to the presentation or other use of model official certificates U.K.

53G.   Where these Regulations amend any provisions of Regulation 2016/759 which, on or after IP completion day, forms part of retained EU law so as to enable the presentation or other use of a model official certificate in the form published by the appropriate authority from time to time, that amendment does not preclude a model official certificate in the form set out in Annex 3 of Regulation 2016/759, as it had effect immediately before IP completion day, from being presented or otherwise used on or after IP completion day in connection with the transit of the raw materials and treated raw materials through Great Britain instead of the equivalent model certificate, as published by the appropriate authority for a period after IP completion day for transitional purposes, until the appropriate authority publishes a notice that this is no longer permitted.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I43 Reg. 53G 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 Regulation 2017/185 U.K.

53H.   Regulation 2017/185 is amended as follows.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I44 Reg. 53H in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53I.   In Article 1, for “31 December 2020” substitute “ 21 April 2021 ”.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I45 Reg. 53I in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53J.   In Article 3, in both places it occurs, for “the Member State of import” substitute “ Great Britain ”.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I46 Reg. 53J in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53K.   In Article 5, in the second paragraph, after “2020” insert, “ except in relation to Article 3, which applies until 21 April 2021. ”.

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I47 Reg. 53K in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

U.K.

53L.   After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.]

Textual Amendments

F20 Regs. 53A-53L inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(15)

Commencement Information

I48 Reg. 53L in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1