PART 3Amendment of EU Exit subordinate legislation

Amendment of the Animal Feed (Amendment) (EU Exit) Regulations 2019I112

1

The Animal Feed (Amendment) (EU Exit) Regulations 2019 M1 are amended as follows.

2

In regulation 2, after the definition of “Regulation 2017/625”, insert—

”Regulation 2020/354” means Commission Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC.

3

For regulation 10(a)(ii), substitute—

ii

after point (n) insert—

o

“third country” means any country or territory other than the British Islands;

p

“prescribe” means prescribe by regulations;

q

“appropriate authority” means—

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iii

in relation to Scotland, the Scottish Ministers;

r

“Food Safety Authority” means—

i

as regards England and Wales, the Food Standards Agency;

ii

as regards Scotland, Food Standards Scotland;

s

“reference laboratory” means a laboratory designated by the appropriate authority under Article 100 of Regulation 2017/625.

4

For regulation 24(a)(i) substitute—

for “the Community” substitute “ Great Britain ”;

5

In regulation 27, in the Article to be inserted—

a

omit paragraph 1(c);

b

in paragraph 4—

i

for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “ Any statutory instrument or Scottish statutory instrument ”;

ii

in paragraph (b), for “the National Assembly of Wales” substitute “ Senedd Cymru ”;

iii

omit paragraph (d);

c

omit paragraph 5(d).

6

After regulation 30, insert—

30A

Omit Article 21a.

7

In regulation 36, for paragraph (b), substitute—

b

after point (f) insert—

g

“third country” means any country or territory other than the British Islands;

h

“appropriate authority” means—

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iiii

in relation to Scotland, the Scottish Ministers;

i

“Food Safety Authority” means—

i

as regards England and Wales, the Food Standards Agency;

ii

as regards Scotland, Food Standards Scotland;

j

“prescribe” means prescribe by regulations

8

In regulation 50, in the Article to be inserted—

a

after the words “importing feed”, insert “ into Great Britain from a third country ”;

b

for the first reference to “the United Kingdom” substitute “ Great Britain ”.

9

After regulation 50, insert regulation 50A—

50A

At the end of Article 24, add “ (reading Article 6 of Directive 98/51/EC as if the requirement imposed on the Member States were a requirement imposed on the appropriate authority and as if references to the Community were references to Great Britain) ”.

10

For regulation 51 substitute—

51

In Article 25, for “the Community” substitute “ Great Britain ”.

11

In regulation 55, after “30”, insert “ , 30a ”.

12

In regulation 56, in the Article to be inserted—

a

omit paragraph 1(c);

b

in paragraph 4—

i

for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “ Any statutory instrument or Scottish statutory instrument ”;

ii

in subparagraph (b), for “the National Assembly of Wales” substitute, “Senedd Cymru”;

iii

omit subparagraph (d);

c

omit paragraph 5(d).

13

For regulation 62(a), substitute—

a

for point 2, substitute—

2

The ISO code of the country where the feed business is located;

14

In regulation 66(c), in the paragraphs to be inserted—

a

omit paragraph 5(c);

b

in paragraph 8—

i

for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “ Any statutory instrument or Scottish statutory instrument ”;

ii

in subparagraph (b), for “the National Assembly of Wales” substitute “ Senedd Cymru ”;

iii

omit subparagraph (d);

c

omit paragraph 9(d).

15

In regulation 83—

a

for paragraph (a)(ii) substitute—

aii

in the seventh paragraph (which begins with the words “Where in vivo”), for “the Community” substitute “ Great Britain ”;

b

in paragraph (c)—

i

for sub-paragraph (iii) substitute—

iii

in point 2.1.4.1, for “European Community food additive authorisations” substitute “ food additive authorisations in Great Britain ”;

ii

for sub-paragraph (iv), substitute—

iv

in point 2.1.4.2, in the second paragraph (which begins with the words “For feed additives”), for “the European Community” substitute “ Great Britain ”;

iii

for paragraph (v), substitute—

v

in point 2.2.1.2, in the second paragraph (which begins with the words “For micro-organisms), for “the European Union” substitute “ Great Britain ”;

c

in paragraph (d)—

i

for sub-paragraph (iii), substitute—

iii

in point 3.2.3.3, in the final paragraph (which begins with the words “In certain situations”) for “Community data” substitute “ data in Great Britain ”;

ii

for sub-paragraph (iv), substitute—

iv

in point 3.2.3.4—

aa

in the first paragraph, for “the Community” substitute “ Great Britain ”;

bb

in the fourth paragraph (which begins with the words “Studies concerning”), omit the bracketed wording;

d

in paragraph (e)—

i

for sub-paragraph (i), substitute—

i

in the first paragraph (which begins with the words “Studies shall demonstrate”) for “the EU” substitute “ Great Britain ”;

ii

in sub-paragraph (ii), for “the United Kingdom” substitute “ Great Britain ”.

16

For regulation 84(a), substitute—

a

in point 8.3, in the second paragraph (which begins with the words “For those additives”) for “ the European Union” substitute “ Great Britain ”;

17

For regulation 94(a), substitute—

a

in paragraph 1, for “the Community” substitute “ Great Britain ”;

18

For regulation 95 substitute—

95

In Article 3(2)—

a

in subparagraphs (c) and (f), at the end add “ or the United Kingdom ”.

b

after subparagraph (u), insert—

v

“prescribe” means prescribe by regulations;

w

“appropriate authority” means—

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iii

in relation to Scotland, the Scottish Ministers;

x

“Food Safety Authority” means—

i

as regards England and Wales, the Food Standards Agency;

ii

as regards Scotland, Food Standards Scotland.

19

In regulation 97, in the inserted paragraph, omit “, information available through or derived from the Rapid Alert System for Food and Feed (RASFF)” and “similar”.

20

In regulation 110, in the Article to be inserted, in paragraph 3, for “the United Kingdom”, substitute “ Great Britain ”.

21

In regulation 116, in the Article to be inserted—

a

omit paragraph 1(c);

b

in paragraph 4—

i

for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “ Any statutory instrument or Scottish statutory instrument ”;

ii

in subparagraph (b), for “the National Assembly of Wales” substitute “ Senedd Cymru ”;

iii

omit subparagraph (d);

c

omit paragraph 5(d).

22

For regulation 137, substitute—

137

In Article 1, after paragraph 2 insert—

3

The following definitions apply for the purpose of this Regulation—

a

“appropriate authority” means—

i

in relation to England; the Secretary of State;

ii

in relation to Wales; the Welsh Ministers;

iii

in relation to Scotland; the Scottish Ministers;

b

“Food Safety Authority” means—

i

as regards England and Wales, the Food Standards Agency;

ii

as regards Scotland, Food Standards Scotland.

23

After regulation 145, insert—

Amendment of Regulation 2020/354146

Regulation 2020/354 is amended as follows.

147

In Article 2, for “Commission” substitute “ appropriate authority ” in both places in which it occurs.

148

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