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

PART 3 Amendment of retained direct EU legislation relating to food and drink

Regulation (EC) No 110/2008 of the European Parliament and of the Council

3.—(1) Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks is amended as follows.

(2) In Article 1—

(a) in paragraph 3, for the words from “the regulatory” to the end substitute “paragraphs 4 to 6”;

(b) after paragraph 3 insert—

“4.   A derogation may be granted:

(a) by regulations, or

(b) on application, by administrative decision, where regulations have not been made or where regulations have been made but do not apply in a particular case.

5.   An application of the type referred to in the paragraph 4(b) may be made:

(a) in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from England, to the Secretary of State;

(b) in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c) in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from Scotland, the Scottish Ministers;

(d) in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from Wales, the Welsh Ministers.

6.   An application of the type referred to in paragraph 4(b) must be made in relation to one type of spirit drink and on a consignment by consignment basis.

7.   In this Regulation ‘consignment’ means a quantity of one type of spirit drink covered by a single document required for customs formalities and may be composed of more than one lot.”.

(3) In Article 2a, after the definition of ‘third country’ insert—

“‘type A regulations’ means any regulations made under:

(a) Article 1(3);

(b) Article 5(1)(e);

(c) Article 12(3);

(d) Article 27(2);

(e) Article 28(2), in so far as they do not relate to matters arising in connection with Chapter 3;

‘type B regulations’ means any regulations made under:

(a) Article 17(8b);

(b) Article 18(3);

(c) Article 27(1);

(d) Article 28(2), in so far as they relate to matters arising in connection with Chapter 3.”.

(4) In Article 5(1)(e), for the words from “shall be decided” to the end substitute “may be specified in regulations”.

(5) In Article 12(3)—

(a) omit the words from the beginning to “Article 25(3)”;

(b) at the end insert as a new sentence—

“Regulations may specify derogations in respect of this requirement.”.

(6) For Article 17(8) substitute—

“8.   The Secretary of State must decide whether to register the geographical indication, taking into account any objection raised in accordance with paragraph 7.

9.   After making a decision under this Article, the Secretary of State must publish in such manner as appears to be appropriate to the Secretary of State:

(a) a notice informing the applicant and the public of the decision made under this Article in relation to the application, and

(b) if the application is granted, a copy of the approved technical file relating to the geographical indication.”.

(7) In Article 18—

(a) number the existing paragraph as paragraph 1;

(b) in that paragraph 1—

(i) for “Commission” substitute “Secretary of State”;

(ii) omit the words from “in accordance” to the end;

(c) after that paragraph insert—

“2.   The Secretary of State’s decision under paragraph 1 must be published in such manner as appears to be appropriate to the Secretary of State.

3.   Where the Secretary of State decides to cancel a registration, Annex 3 must be amended, by regulations, to remove the entry relating to the geographical indication from that Annex.”.

(8) For Article 25 substitute—

“Article 25 Type A regulations: general

1.   The power to make type A regulations is exercisable by:

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

(b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

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

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

2.   But the power to make type A regulations may be exercised by the Secretary of State for the whole or part of the United Kingdom if consent is given by:

(a) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b) for regulations applying in relation to Scotland, the Scottish Ministers;

(c) for regulations applying in relation to Wales, the Welsh Ministers.

3.   Type A regulations may:

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking enactments and retained direct minor EU legislation);

(b) make different provision for different purposes.

Article 25a Type B regulations: general

1.   The power to make type B regulations is exercisable by the Secretary of State.

2.   Type B regulations may:

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking enactments and retained direct minor EU legislation);

(b) make different provision for different purposes.

Article 25b Type A and B regulations: the Secretary of State

1.   Type A and B regulations made by the Secretary of State are to be made by statutory instrument.

2.   A statutory instrument containing type A or B regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

Article 25c Type A regulations: Northern Ireland

1.   A power of the Department of Agriculture, Environment and Rural Affairs to make type A regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(1).

2.   Type A regulations made by the Department of Agriculture, Environment and Rural Affairs are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(2) as if they were a statutory instrument within the meaning of that Act.

Article 25d Type A regulations: the Scottish Ministers

1.   For type A regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010(3).

2.   Type A regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Article 25e Type A regulations: the Welsh Ministers

1.   Type A regulations made by the Welsh Ministers are to be made by statutory instrument.

2.   A statutory instrument containing type A regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”.

(9) For Article 27 substitute—

“Article 27 Power to make regulations

1.   Regulations may be made to make such provision as appears necessary to the Secretary of State in relation to the implementation of Chapter 3 of this Regulation.

2.   Except in relation to matters covered by Chapter 3, regulations may be made to make such provision as appears necessary to the person making the regulations in relation to the implementation of this Regulation.”.

(10) In Article 28—

(a) in paragraph 1—

(i) for the words before point (a) substitute “Regulations may be made”;

(ii) omit point (a);

(iii) in point (c) omit “Community”;

(b) in paragraph 2—

(i) for the words from the beginning to “adopted” substitute “Regulations may be made”;

(ii) omit “Community”.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council

4.—(1) Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers is amended as follows.

(2) In Article 2(2), after point (z) insert—

“(z1) ‘type C regulations’ means any regulations made under a provision of this Regulation listed in Annex 16;

(z2) ‘type D regulations’ means any regulations made under a provision of this Regulation listed in Annex 17;

(z3) ‘type E regulations’ means any regulations made under Article 23(2);”.

(3) In Article 3—

(a) in paragraph 2, for the words from the beginning to “taking” substitute “Type C, D and E regulations must take”;

(b) in paragraph 3, for “food information law establishes” substitute “type C, D or E regulations establish”.

(4) In Article 9—

(a) in paragraph 3—

(i) in the first subparagraph, for the words from “the Commission” to “referred to in” substitute “regulations are made under”;

(ii) in the second subparagraph—

(aa) for “, the Commission, taking into account” substitute “and”;

(bb) for the words from “, may establish” to “Article 51,” substitute “is taken into account, regulations may be made to establish”;

(b) in paragraph 4—

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

(ii) omit the second sentence.

(5) In Article 10(2)—

(a) in the first subparagraph, for the words from “the Commission” to the end substitute “regulations may amend Annex 3.”;

(b) omit the second subparagraph.

(6) In Article 12—

(a) in paragraph 3—

(i) for “, the Commission, taking into account” substitute “and”;

(ii) for the words from “, may establish” to “Article 51,” substitute “is taken into account, regulations may establish”;

(b) in paragraph 4—

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

(ii) omit the second sentence.

(7) In Article 13(4)—

(a) in the first subparagraph, for the words from “the Commission” to “Article 51,” substitute “regulations may be made to”;

(b) in the second subparagraph, for the words from “the Commission” to “Article 51,” substitute “regulations may be made to”.

(8) In Article 19(2), for the words from “the Commission” to “Article 51,” substitute “regulations may be made, in exceptional cases, to”.

(9) In Article 21(2)—

(a) in the first subparagraph, for the words from “Commission” to the end substitute “appropriate authority must systematically re-examine the list in Annex 2. Where considered necessary by the appropriate authority, that list must be updated by regulations”;

(b) omit the second subparagraph.

(10) In Article 23(2)—

(a) for “the Commission may” substitute “regulations may be made to”;

(b) omit the words from “, by means” to “Article 51,”.

(11) In Article 24(3)—

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

(b) omit the second sentence.

(12) In Article 26—

(a) in paragraph 2(b), for the words from “shall be” to the end substitute “is subject to Commission Implementing Regulation (EU) No 1337/2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry and any regulations made under paragraph 8”;

(b) in paragraph 3, for the second subparagraph substitute—

“The application of the first subparagraph is subject to any regulations made under paragraph 8 concerning the application of that subparagraph.”;

(c) for paragraph 8 substitute—

“8.   Regulations may be made:

(a) concerning the application of paragraphs 2(b) and 3;

(b) to revoke Regulation (EU) No 1337/2013.”.

(13) In Article 27(2)—

(a) for “The Commission may adopt implementing acts” substitute “Regulations may be made”;

(b) omit the second sentence.

(14) In Article 30(6), for the words from “the Commission” to “Article 51,” substitute “regulations may”.

(15) In Article 31—

(a) in paragraph 2—

(i) for the words from the beginning to “conversion factors” substitute “Regulations may amend Annex 14 to require specified conversion factors to be used”;

(ii) omit the second sentence;

(b) in paragraph 4, in the second subparagraph—

(i) for “The Commission may adopt implementing acts setting” substitute “Regulations may set”;

(ii) omit the second sentence.

(16) In Article 33(5), for the words from “the Commission” to the end substitute “regulations may regulate the way in which per portion and per consumption unit indications are to be expressed for specific categories of food. The actual consumption behaviour of consumers as well as dietary recommendations must be taken into account when making such regulations”.

(17) In Article 34—

(a) in paragraph 5, in the second subparagraph, for “the Commission may adopt implementing acts regarding” substitute “regulations may be made relating to”;

(b) in paragraph 6—

(i) for “the Commission may adopt implementing acts setting” substitute “regulations may set”;

(ii) omit the second sentence.

(18) In Article 35(6)—

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

(b) omit the second sentence.

(19) In Article 36—

(a) in paragraph 3—

(i) in the first subparagraph, in the words before point (a), for “The Commission shall adopt implementing acts” substitute “Regulations may be made”;

(ii) omit the second subparagraph;

(b) in paragraph 4, for the words from “the Commission” to “Article 51,” substitute “regulations may”.

(20) In Article 46, for the words from “the Commission” to “Article 51,” substitute “regulations may”.

(21) For Article 51 substitute the Articles in the Schedule.

(22) After Annex 15 insert—

“ANNEX 16 TYPE C REGULATIONS: LIST OF SPECIFIED PROVISIONS

• Article 9(3)

• Article 9(4)

• Article 10(2)

• Article 19(2)

• Article 21(2)

• Article 24(3)

• Article 26(8)

• Article 27(2)

• Article 30(6)

• Article 31(2)

• Article 31(4)

• Article 33(5)

• Article 34(5)

• Article 34(6)

• Article 35(6)

• Article 36(3)

• Article 36(4)

ANNEX 17 TYPE D REGULATIONS: LIST OF SPECIFIED PROVISIONS

• Article 12(3)

• Article 12(4)

• Article 13(4)

• Article 46”.

Regulation (EU) No 251/2014 of the European Parliament and of the Council

5.—(1) Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products is amended as follows.

(2) In Article 4—

(a) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission” to “Article 33” substitute “Secretary of State may make regulations”;

(ii) in the second subparagraph, for “Commission” substitute “Secretary of State”;

(b) in paragraph 3—

(i) in the first subparagraph—

(aa) for the words from “Commission” to “acts,” substitute “Secretary of State may, by regulations, specify the”;

(bb) omit the third sentence;

(ii) omit the second subparagraph.

(3) In Article 31(2), in the first subparagraph—

(a) for the words from “Commission” to “rules” substitute “Secretary of State may make regulations”;

(b) omit “by the Member States”;

(c) after “application of” insert “Chapter 2 of”.

(4) In Article 32—

(a) in paragraph 2, in the words before point (a), for the words from “Commission” to “lay” substitute “Secretary of State may make regulations laying”;

(b) in paragraph 3—

(i) in the first subparagraph—

(aa) for the words before point (a) substitute—

“The Secretary of State may, by regulations, make”;

(bb) in point (c), for “Member States, the competent authorities” substitute “the competent authorities in the United Kingdom and in”;

(ii) omit the second subparagraph.

(5) In Article 33—

(a) in paragraph 4, for “Article 28” substitute “Article 4(2), 28 or 32(2)”;

(b) after paragraph 4 insert—

“5.   The Secretary of State may not make regulations under Article 4(2) or (3), the first subparagraph of Article 31(2), the first subparagraph of Article 32(1), or Article 32(2) or (3) (“the relevant powers”) without the consent of:

(a) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

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

(c) in relation to Wales, the Welsh Ministers.

6.   Where any of the parties mentioned in (a) to (c) of paragraph 5 requests the Secretary of State to make regulations under any of the relevant powers, the Secretary of State must have regard to that request.”.

Commission Delegated Regulation (EU) 2019/33

6.—(1) Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation is amended as follows.

(2) In Article 13—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Commission may adopt implementing acts granting” substitute “Secretary of State may, by regulations, grant”;

(bb) for “a Member State” substitute “the United Kingdom”;

(ii) in the second subparagraph—

(aa) in the words before point (a) omit “Article 96(3) or”;

(bb) in point (b), after “market” insert “in the United Kingdom”;

(b) in paragraph 2—

(i) in the words before point (a), for “Commission may adopt implementing acts extending” substitute “Secretary of State may, by regulations, extend”;

(ii) in point (a), for “Commission” substitute “Secretary of State”.

(3) In Article 15(2)—

(a) for “Commission” substitute “Secretary of State”;

(b) for “it shall publish the application for a Union” substitute “the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State, the application for a non-standard”;

(c) omit the words from “in the Official” to “series”;

(d) for the second sentence substitute “The Secretary of State, taking into account any admissible objection that has been lodged, must decide whether to approve or reject the application.”.

(4) In Article 28—

(a) in paragraph 3—

(i) for “Commission” substitute “Secretary of State”;

(ii) for the words from “it shall” to the end substitute “the Secretary of State must publish the application in such manner as appears appropriate to the Secretary of State”;

(b) in paragraph 5, for the words from “Commission shall” to the end substitute “Secretary of State must reject the application”.

(5) In Article 35, in the first paragraph—

(a) for the words from the beginning to “Commission” substitute “The Secretary of State”;

(b) omit “a Member State,”;

(c) for “adopt implementing acts cancelling” substitute “cancel”.

(1)

S.I. 1979/1573 (N.I. 12).

(2)

1954 c.33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

(3)

2010 asp 10.