The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019

PART 3 Beef and veal

Amendment of Regulation 1760/2000

3.—(1) Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products is amended as follows.

(2) In Article 11 for “Community legislation” substitute “retained EU law”.

(3) In Article 12 after point (6) insert—

“(7) ‘third country’ means any country or territory other than:

(a) the United Kingdom;

(b) the Bailiwick of Jersey;

(c) the Bailiwick of Guernsey;

(d) the Isle of Man.”.

(4) In the heading of Section 1 omit “Community”.

(5) In Article 13(1) for “Community” substitute “United Kingdom”.

(6) In Article 13(2) omit “Member State or third”, in each place it occurs.

(7) In Article 13(5)—

(a) in points (a)(i) and (iii) omit “Member State or third”;

(b) in point (a)(ii) omit “Member States or third”;

(c) in point (b) for the words from “slaughtered:” to the end substitute “slaughtered in the same country, the indication may be given as ‘Origin: (name of country)’”.

(8) Omit Article 13(6).

(9) In Article 14—

(a) omit “Member State or third”;

(b) for “State”, in both places it occurs, substitute “country”;

(c) for “States” substitute “countries”;

(d) omit the fourth paragraph.

(10) In Article 15—

(a) for “Union” substitute “United Kingdom from a third country”;

(b) for “EU” substitute “UK”.

(11) After Article 15 insert—

“Article 15za Transitional provisions

• By way of derogation from Article 15, beef to which that Article applies that is labelled in accordance with that Article, as it had effect immediately before exit day, may be placed on the market until 31 December 2020, and may remain on the market until stocks are exhausted.”.

(12) In Article 15a—

(a) for “horizontal” substitute “applicable”;

(b) after “Article 22” insert “and any other measures adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation”;

(c) omit the fourth paragraph.

(13) Before Article 22 insert—

“Article a22

1.   For the purposes of this Regulation, ‘appropriate Minister’ 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;

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

2.   For the purposes of this Regulation, ‘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;

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

3.   But the appropriate authority is the Secretary of State:

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

(b) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.

(14) In Article 22(1)—

(a) omit the first, second and third subparagraphs;

(b) in the fifth subparagraph, omit “referred to in the second subparagraph”;

(c) omit the seventh subparagraph.

(15) In Article 22(2)—

(a) for “paragraph 1” substitute “any other measures adopted by the appropriate Ministers to ensure compliance with the provisions of this Regulation”;

(b) in point (g) for “Member States” substitute “the appropriate Minister”.

(16) In Article 22(3)—

(a) for “paragraph 1”, in the first place it occurs, substitute “any other measures adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation”;

(b) for “Member States”, in both places it occurs, substitute “the appropriate authorities”;

(c) for “referred to in paragraph 1” substitute “adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation”;

(d) in point (a)(i), for “Union” substitute “United Kingdom”.

(17) Omit Article 22(4) and (5).

(18) For Article 22a substitute—

“Article 22a Competent authorities

1.   The appropriate Ministers shall designate the competent authority or authorities responsible for compliance with Title I, Title III insofar as that Title relates to identification and registration of live animals, and any legislation made on the basis thereof. They shall inform the other appropriate Ministers of the identity of those authorities.

2.   The appropriate authorities shall designate the competent authority or authorities responsible for compliance with Title II, Title III insofar as that Title relates to labelling of beef and beef products, and any legislation made on the basis thereof. They shall inform the other appropriate authorities of the identity of that competent authority or those competent authorities.”.

(19) Omit Articles 22b, 23 and 23a.

(20) After Article 25 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment of Regulation 1825/2000

4.—(1) Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products is amended as follows.

(2) In Article 1—

(a) in the first paragraph, for “the third indent of Article 12” substitute “Article 12(3)”;

(b) in the second paragraph, for “Articles 13(1) and 16(2)” substitute “Article 13(1)”.

(3) In Article 1a, at the end insert—

“(i) ‘third country’ means any country or territory other than:

(i) the United Kingdom;

(ii) the Bailiwick of Jersey;

(iii) the Bailiwick of Guernsey;

(iv) the Isle of Man.”.

(4) In Article 2(1)—

(a) in point (a) for “Article 10(1) of Council Directive 64/433/EEC” substitute “Article 3(3) of Regulation (EC) No 854/2004”;

(b) omit the second subparagraph.

(5) In Article 2(2)—

(a) omit point (a);

(b) in point (b)—

(i) for “Community” substitute “United Kingdom from a third country”;

(ii) for “EC” substitute “UK”.

(6) After Article 2(2) insert—

“3.   By way of derogation from paragraph 2(b), meat:

(a) derived from animals that are, before exit day, imported live into the United Kingdom from a third country, and

(b) labelled in accordance with paragraph 2(b), as it had effect immediately before exit day,

may be placed on the market until 31 December 2020, and may remain on the market until stocks are exhausted.

4.   Meat:

(a) derived from animals imported live into the EU (provided that such animals are not subsequently imported live into the United Kingdom on or after exit day), and

(b) labelled in accordance with paragraph 2(b), as it had effect immediately before exit day,

may be placed on the market until 31 December 2020, and may remain on the market until stocks are exhausted.”.

(7) In Article 3—

(a) omit “Member State or third”, in each place it occurs;

(b) omit “Member States or third”.

(8) In Article 5(2)—

(a) in point (a) omit “as from 1 September 2000,”;

(b) omit point (b);

(c) in point (c) omit “as from 1 January 2002,”.

(9) In Article 5a omit “Member State or third”, in each place it occurs.

(10) In Article 5b omit “Member State or third”, in both places it occurs.

(11) Omit Article 6.

(12) In Article 7(1)—

(a) omit “the experts of the Commission,”;

(b) omit the words from “and the relevant” to “Regulation (EC) No 1760/2000,”.

(13) In Article 7(2)—

(a) omit the words from “and, in the case” to “control body”;

(b) omit the words from “which” to “concerned”.

(14) Omit Article 7(3).

(15) In Article 7(4) for “, organisations and independent control bodies” substitute “and organisations”.

(16) Omit Articles 8 to 12.

(17) In Article 13 omit the second paragraph.

(18) In Article 14 omit the second paragraph.

(19) After Article 14 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment of Regulation 566/2008

5.—(1) Commission Regulation (EC) No 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less is amended as follows.

(2) In Article 1 for “Article 113b of Regulation (EC) No 1234/2007” substitute “Article 78(1)(a) of, and Part I of Annex VII to, Regulation (EU) No 1308/2013”.

(3) After Article 2 insert—

“Article 2a Definition of appropriate authority

1.   For the purposes of this Regulation, ‘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;

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

2.   But the appropriate authority is the Secretary of State:

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

(b) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.

(4) In Article 3 for “point II of Annex XIa to Regulation (EC) No 1234/2007” substitute “point II of Part I of Annex VII to Regulation (EU) No 1308/2013”.

(5) In Article 4(1)—

(a) for “point IV of Annex XIa to Regulation (EC) No 1234/2007” substitute “point IV of Part I of Annex VII to Regulation (EU) No 1308/2013”;

(b) for “point II of Annex XIa to that Regulation” substitute “point II of Part I of Annex VII to that Regulation”;

(c) for the fifth subparagraph substitute—

“However, nothing in this Regulation prevents the appropriate authorities from determining other positions on each quarter.”.

(6) In Article 4(2) for “point IV of Annex XIa to Regulation (EC) No 1234/2007” substitute “point IV of Part I of Annex VII to Regulation (EU) No 1308/2013”.

(7) Omit Article 4(3).

(8) In Article 5—

(a) for “point VI of Annex XIa to Regulation (EC) No 1234/2007” substitute “point V of Part I of Annex VII to Regulation (EU) No 1308/2013”;

(b) for “point I of Annex XIa to that Regulation” substitute “point I of Part I of Annex VII to that Regulation”.

(9) In Article 6(1)—

(a) for “point VII of Annex XIa to Regulation (EC) No 1234/2007” substitute “point VI of Part I of Annex VII to Regulation (EU) No 1308/2013”;

(b) for “point II of Annex XIa to that Regulation” substitute “point II of Part I of Annex VII to that Regulation”.

(10) In Article 6(2) for the words from “European Standard EN 45011” to the end substitute “ISO/IEC 17065 (Requirements for bodies certifying products, processes and services)”.

(11) In Article 6(3)—

(a) for “Commission”, in the first place it occurs, substitute “the relevant authority(1)”;

(b) omit the second subparagraph.

(12) In Article 6(6)—

(a) for “Regulation (EC) No 1234/2007” substitute “Regulation (EU) No 1308/2013”;

(b) omit “the experts of the Commission,”.

(13) In Article 7(1)—

(a) for “point VIII of Annex XIa to Regulation (EC) No 1234/2007” substitute “paragraph 5 of point VI of Part I of Annex VII to Regulation (EU) No 1308/2013”;

(b) for “point VIII of Annex XIa to that Regulation”, in both places it occurs, substitute “point VI of Part I of Annex VII to that Regulation”.

(14) In Article 7(2)—

(a) for “point VIII of Annex XIa to Regulation (EC) No 1234/2007” substitute “paragraph 5 of point VI of Part I of Annex VII to Regulation (EU) No 1308/2013”;

(b) for the words from “European Standard EN 45011” to the end substitute “ISO/IEC 17065 (Requirements for bodies certifying products, processes and services)”.

(15) For the heading of Article 8 substitute “Follow-up measures”.

(16) Omit Article 8(1).

(17) Omit Article 8(2).

(18) For Article 8(3) substitute—

“3.   Where an appropriate authority has evidence that meat referred to in point I of Part I of Annex VII to Regulation (EU) No 1308/2013 and imported from a third country(2) as referred to in paragraph 5 of point VI of Part I of Annex VII to that Regulation does not comply with requirements laid down in either Regulation (EU) No 1308/2013 or this Regulation, the appropriate authority shall take whatever measures and action are required to solve the non-compliance.

In particular, the appropriate authority shall require the removal of the meat concerned from the market until it is re-labelled in conformity with Regulation (EU) No 1308/2013 and this Regulation.”.

(19) Omit Article 9.

(20) After Article 10 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(1)

A definition of “relevant authority” is inserted into Regulation (EC) 566/2008 by The Common Organisation of Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/XXX).

(2)

A definition of “third country” is inserted into Regulation (EC) 566/2008 by The Common Organisation of Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/XXX).