2023 No. 959
The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023
Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1) and (2) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In making these Regulations, the Secretary of State has had special regard to the matters listed in section 46 of the United Kingdom Internal Market Act 20202.
PART 1Introductory
Citation, commencement and extent 1
1
These Regulations may be cited as the Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023.
2
These Regulations come into force on 1st October 2023.
3
Part 1 extends to England and Wales, Scotland and Northern Ireland.
4
Part 2 and Schedules 1 to 3 extend to Northern Ireland.
5
Part 3 extends to England and Wales and Scotland.
Interpretation 2
1
In these Regulations—
“consignment” has the meaning given by Article 2(1) of the SPS Regulation;
“retail goods” has the meaning given by Article 2(2) of the SPS Regulation;
“the SPS Regulation” means Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland3;
“subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 19784;
“total diet replacement for weight control” has the meaning given by Article 2(2)(h) of Regulation (EU) No609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 as it has effect in Great Britain5.
2
Any reference to provisions of the instruments listed in Schedules 1 to 3 of Part 2 is a reference to those provisions as amended from time to time.
PART 2Application of public health, marketing and organic product standards
Scope 3
1
This Part applies in respect of consignments of retail goods entering into Northern Ireland from other parts of the United Kingdom in accordance with the Retail Movement Scheme established under regulation 3(1) of the Windsor Framework (Retail Movement Scheme) Regulations 20236.
2
This Part applies to the extent that any provision listed in Annex 1 to the SPS Regulation does not apply to that consignment of retail goods by virtue of Article 1(2) and Chapter 2 of the SPS Regulation.
Application of public health and marketing standards 4
Where this Part applies in respect of a consignment of retail goods by virtue of regulation 3(2)—
a
the provisions of the instruments listed in Column 2 of Schedule 1 are to be treated as applying in respect of that consignment to the extent that the corresponding EU instrument in Column 1 of Schedule 1 does not apply by virtue of Article 1(2) and Chapter 2 of the SPS Regulation, subject to the modifications specified in Column 3 of Schedule 1 and such further modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods;
b
the provisions of the instruments listed in Column 2 of Schedule 2 are to be treated as applying in place of the corresponding legislation applicable in Northern Ireland in respect of that consignment to the extent that the corresponding EU instrument in Column 1 of Schedule 2 does not apply by virtue of Article 1(2) and Chapter 2 of the SPS Regulation, subject to the modifications specified in Column 3 of Schedule 2 and such further modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
Application of retained delegated and implementing acts 5
1
Where the provisions of the instruments listed in Column 2 of Schedule 1 and Column 2 of Schedule 2 are to be treated as applying in respect of a consignment of retail goods by virtue of regulation 4, the retained direct EU legislation applicable in Great Britain which supplements or implements those instruments is to be treated as also applying in relation to that consignment with such modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
2
In respect of food for total diet replacement for weight control within a consignment of retail goods, paragraph (1) does not apply and the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 19977 are to be treated as applying in relation to those products with such modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
Application of organic product standards 6
Where this Part applies in respect of a consignment of retail goods by virtue of regulation 3(2), the provisions of the instruments listed in Column 2 of Schedule 3 are to be treated as applying in respect of that consignment to the extent that the EU instrument listed in Column 1 of Schedule 3 does not apply by virtue of Article 1(2) and Chapter 2 of the SPS Regulation, subject to the modifications specified in Column 3 of Schedule 3 and such modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
No power to make subordinate legislation 7
Nothing in regulation 4, 5 or 6 confers power on any person to make subordinate legislation in respect of Northern Ireland.
Parallel texts 8
Where legislation which extends to Great Britain is treated as applying in Northern Ireland under this Part and there are differences between the versions of that legislation applicable in England, Scotland and Wales, the version of the legislation applicable in respect of a particular retail good within a consignment is the version applicable in the part of Great Britain which the retail good was produced in or imported into.
PART 3Plants
CHAPTER 1Amendments to retained direct EU legislation
Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants 9
1
Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC8 is amended as follows.
2
In Article 95a (introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain)—
a
in paragraph 1, for “A relevant” substitute “Subject to paragraph 1A, a relevant”
;
b
after paragraph 1, insert—
1A
Where a relevant NI trade unit referred to in paragraph 1 has previously been introduced into Northern Ireland from Great Britain on or after the date on which the SPS Regulation came into force, it must be accompanied, on its re-introduction into Great Britain, by either—
a
the plant passport referred to in paragraph 1, or
b
the plant health label which was required for its introduction into Northern Ireland in accordance with the SPS Regulation.
c
in paragraph 2—
i
after “paragraph 1”, in both places it occurs, insert “or paragraph 1A”
;
ii
at the end, insert “or the plant health label referred to in paragraph 1A”
.
d
after paragraph 2, insert—
3
In paragraph 1A, ‘the SPS Regulation’ means Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland.
Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products 10
1
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)9 is amended as follows.
2
In Article 168 (derogations and modifications for transitional purposes), after “Annex 6” insert “and Annex 7”
.
3
In Annex 6, paragraph 2 (application), in the definition of “relevant goods” after “Article 47(1)(a) to (d)” insert “, except for the goods listed in Annex 7 which come from a corresponding country of origin”
.
4
After Annex 6, insert—
Annex 7
Goods exempt from the application of Annex 6
1
The plants listed in this Annex which come from a corresponding country of origin are exempt from the application of Annex 6.
Description of plants
Country of origin
Strawberries, fresh or chilled
Third countries other than an EU Member State and Switzerland
Avocados, fresh or chilled
Third countries other than an EU Member State and Switzerland
Blackberries, mulberries and loganberries, fresh or chilled
Third countries other than an EU Member State and Switzerland
Raspberries, fresh or chilled
Third countries other than an EU Member State and Switzerland
Table grapes, fresh or chilled
Third countries other than an EU Member State and Switzerland
Apples, fresh or chilled but excluding cider apples, in bulk from 16 September to 15 December
Third countries other than an EU Member State and Switzerland
Pears, fresh or chilled but excluding perry pears in bulk, from 1 August to 31 December
Third countries other than an EU Member State and Switzerland
Fruits of the species Vaccinium macrocarpon and Vaccinium corymbosum, fresh or chilled
Third countries other than an EU Member State and Switzerland
Fruits of species Vaccinium myrtillus, fresh or chilled
Third countries other than an EU Member State and Switzerland
Fruits of the genus Capsicum or of the genus Pimenta (Solanaceae), fresh or chilled, but excluding fruits of the genus Capsicum for the manufacture of capsicin or capsicum oleoresin dyes, or for the industrial manufacture of essential oils or resinoids
Third countries other than an EU Member State and Switzerland
Sweet potatoes, fresh, whole, intended for human consumption
Third countries other than an EU Member State and Switzerland
Ginger, fresh or chilled, other than dried
Third countries other than an EU Member State and Switzerland
Tomatoes, fresh or chilled
Third countries other than an EU Member State and Switzerland
Asparagus, fresh or chilled
Third countries other than an EU Member State and Switzerland
Sweetcorn, fresh or chilled
Third countries other than an EU Member State and Switzerland
Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants 11
1
Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/201910 is amended as follows.
2
In Annex 7, in Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met), in the table—
a
in entry 95, in the first column after “Solanum melongena L.,” insert “plants of Asparagus officinalis L., other than stems covered during their entire life by soil, live pollen, plant tissue cultures and seeds”
;
b
after entry 102A insert—
102B
Fruits of Capsicum L. and Solanum L.
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mayotte, Morocco, Mozambique, Namibia, Niger, Nigeria, Réunion, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, The Democratic Republic of the Congo, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, India, Indonesia, Iran, Iraq, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Malaysia, Maldives, Mongolia, Myanmar, Nepal, North Korea, Oman, Pakistan, Philippines, Qatar, Russia (only the following parts:
Far Eastern Federal District (Dalnevostochny federalny okrug), Siberian Federal District (Sibirsky federalny okrug), and Ural Federal District (Uralsky federalny okrug)), Saudi Arabia, Singapore, South Korea, Sri Lanka, Syria, Tajikistan, Thailand, Timor-Leste, Turkmenistan, United Arab Emirates, Uzbekistan, Vietnam, and Yemen
The fruits must be accompanied by:
(a) an official statement that they originate in a country which, in accordance with the measures specified in ISPM4, is recognised as being free from Bactrocera latifrons (Hendel)
or
(b) an official statement that they originate in an area* established, in accordance with the measures specified in ISPM4, by the national plant protection organisation in the country of origin as being free from Bactrocera latifrons (Hendel)
or
(c) an official statement that no signs of Bactrocera latifrons (Hendel) have been observed at the place of production and in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examinations, signs of Bactrocera latifrons (Hendel), and information on traceability is included in the phytosanitary certificate,
or
(d) an official statement that the fruits have been subjected to an effective systems approach or an effective post-harvest treatment** to ensure freedom from Bactrocera latifrons (Hendel)
* The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
** The use of a systems approach or details of the treatment method must be included in the phytosanitary certificate.
A phytosanitary certificate may not include:
—the official statement referred
to in point (a) unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing,
—the official statement referred to in point (b) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas,
- the official statement referred to in point (d) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the treatment or approach
3
In Annex 11, in Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate), in the table, after entry 18A, insert—
18B
Plants of Asparagus officinalis L., other than stems covered during their entire life by soil
Other vegetables, fresh or chilled:
— Asparagus
ex 0709 20 00
Any third country other than EU Member States, Liechtenstein and Switzerland
CHAPTER 2Amendments to subordinate legislation
Amendments to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 12
1
The Official Controls (Plant Health) (Frequency of Checks) Regulations 202211 are amended as follows.
2
In regulation 3 (determination of the frequency rate of physical checks and identity checks)—
a
for paragraph 1, substitute—
1
This regulation applies to plants, plant products or other objects of a description specified in Part A of Annex 11, or in Annex 12, to the Commission Regulation which—
a
originate in a country other than a relevant third country;
b
are goods of a kind specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 202012; or
c
are goods of a kind specified in Annex 7 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
b
in paragraph (2)—
i
at the beginning insert “Subject to paragraph (2A),”
;
ii
after paragraph (2), insert—
2A
In respect of the goods listed in the Schedule, the frequency rates determined by the appropriate authority must be no lower than the rates of such checks in respect of corresponding goods being imported into Northern Ireland, notwithstanding the appropriate authority having regard to information of a kind specified in paragraph (4).
c
in paragraph (3), after “paragraph (2)”, insert “or paragraph (2A), as applicable”
;
d
in paragraph (6), after “paragraph (2)”, insert “or paragraph (2A), as applicable”
;
3
In regulation 4 (annual review and modification of the frequency rate of physical checks and identity checks), in paragraph (3), after “regulation 3(2)”, insert “or regulation 3(2A), as applicable”
;
4
After regulation 6, insert—
SCHEDULEList of goods
Description of plants
Country of origin
Strawberries, fresh or chilled
Third countries other than an EU Member State and Switzerland
Avocados, fresh or chilled
Third countries other than an EU Member State and Switzerland
Blackberries, mulberries and loganberries, fresh or chilled
Third countries other than an EU Member State and Switzerland
Raspberries, fresh or chilled
Third countries other than an EU Member State and Switzerland
Table grapes, fresh or chilled
Third countries other than an EU Member State and Switzerland
Apples, fresh or chilled but excluding cider apples, in bulk from 16 September to 15 December
Third countries other than an EU Member State and Switzerland
Pears, fresh or chilled but excluding perry pears in bulk, from 01 August to 31 December
Third countries other than an EU Member State and Switzerland
Fruits of the species Vaccinium macrocarpon and Vaccinium corymbosum, fresh or chilled
Third countries other than an EU Member State and Switzerland
Fruits of species Vaccinium myrtillus, fresh or chilled
Third countries other than an EU Member State and Switzerland
Fruits of the genus Capsicum or of the genus Pimenta (Solanaceae), fresh or chilled, but excluding fruits of the genus Capsicum for the manufacture of capsicin or capsicum oleoresin dyes, or for the industrial manufacture of essential oils or resinoids
Third countries other than an EU Member State and Switzerland
Sweet potatoes, fresh, whole, intended for human consumption
Third countries other than an EU Member State and Switzerland
Ginger, fresh or chilled, other than dried
Third countries other than an EU Member State and Switzerland
Tomatoes, fresh or chilled
Third countries other than an EU Member State and Switzerland
Asparagus, fresh or chilled
Third countries other than an EU Member State and Switzerland
Sweetcorn, fresh or chilled
Third countries other than an EU Member State and Switzerland.
SCHEDULE 1Application of public health and marketing standards by virtue of the disapplication of EU Regulations listed in Annex 1 to the SPS Regulation
Column 1 EU instrument listed in Annex 1 to the SPS Regulation (including paragraph numbering from that Annex) | Column 2 Instruments | Column 3 Modifications |
|---|---|---|
2. Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish 13 | Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish 14 | None |
4. Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products 15 | Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products 16 | None |
5. Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito 17 | Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito18 | None |
6. Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food 19 | Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food 20 | None |
8. Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products 21 | Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products22 | None |
19. Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp.23 | Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp.24 | None |
22. Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 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 25 | Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety26 | In Article 18(4), the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom” |
23. Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed 27, with the exception of the second paragraph of Article 32 | Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed28, with the exception of the second paragraph of Article 32 In respect of retail goods produced in or imported into England, the Genetically Modified Food (England) Regulations 200429 In respect of retail goods produced in or imported into Wales, the Genetically Modified Food (Wales) Regulations 200430 In respect of retail goods produced in or imported into Scotland, the Genetically Modified Food (Scotland) Regulations 200431 | In Article 12(1), the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “Northern Ireland” |
24. Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC32 | Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed from genetically modified organisms and amending Directive 2001/18/EC33 | None |
25. Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition34 | Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition35 | None |
27. Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents36 | Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents37 | None |
28. Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods38 | Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods39 | None |
29. Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs40 | Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs41 | 1. A food business operator in Northern Ireland who would be in compliance with a requirement in the EU instrument in Column 1 which would apply but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to be in compliance with the corresponding requirement in the instrument in Column 2 2. A competent authority in Northern Ireland which carries out a function in a way which would be exercisable by it under a provision in the EU instrument in Column 1 but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to carry out the function under the corresponding provision in the instrument in Column 2 |
30. Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin 42 | Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin43 | 1. A food business operator in Northern Ireland who would be in compliance with a requirement in the EU instrument in Column 1 which would apply but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to be in compliance with the corresponding requirement in the instrument in Column 2 2. A competent authority in Northern Ireland which carries out a function in a way which would be exercisable by it under a provision in the EU instrument in Column 1 but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to carry out the function under the corresponding provision in the instrument in Column 2 |
31. Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC44 | Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC45 | None |
33. Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC46 | Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC47 | None |
34. Regulation (EC) 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods 48 | Regulation (EC) 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods49 | None |
35. Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods 50 | Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods51 | None |
37. Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel, insofar as it concerns provisions relating to marketing standards 52 | Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel, insofar as it concerns provisions relating to marketing standards 53 | None |
38. Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/9354 | Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/9355, with the exception of Chapter 3 | None |
40. Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings 56 | Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings 57 | None |
41. Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/9758 | Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/9759 | None |
42. Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives 60 | Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives 61 | None |
43. Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC62 | Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC63 | None |
46. Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council 64 | Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council 65 | None |
47. Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC66 | Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC67 | None |
49. Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/200668, insofar as it concerns provisions relating to marketing standards | Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/200669, insofar as it concerns provisions relating to marketing standards | None |
50. Regulation (EU) No640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/200370 | Regulation (EU) No640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/200371 | None |
51. Commission Implementing Regulation (EU) No543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors 72 | Commission Implementing Regulation (EU) No543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors73 | None |
52. Regulation (EU)1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/200474 | Regulation (EU)1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/200475 | None |
53. Regulation (EU) No528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products 76 | Regulation (EU) No528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products 77 | None |
54. Regulation (EU) No608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/200378 | Regulation (EU) No608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/200379 | None |
55. Regulation (EU) No609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/200980 | Regulation (EU) No609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/200981 | None |
56. Sections 1 and 3 of Chapter I of Title II of Part II of Regulation (EU) No1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/200782 | Sections 1 and 3 of Chapter 1 of Title 2 of Part 2 of Regulation (EU) No1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/200783 | None |
57. Regulation (EU) No1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/ EC 84, insofar as it concerns provisions relating to marketing standards for fishery and aquaculture products | Regulation (EU) No1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/ EC 85, insofar as it concerns provisions relating to marketing standards for fishery and aquaculture products | None |
58. Regulation (EU) No251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation and labelling of aromatised wine products and repealing Council Regulation (EEC) No 1601/9186 | Regulation (EU) No251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/9187 except Chapter 3 | None |
60. Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/200188 | Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/200189 | References to “Great Britain” are to be read as references to “Northern Ireland” so far as the context requires |
61. Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90 90 | Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90 91 | None |
63. Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC92 | The Veterinary Medicines Regulations 2013, as they have effect in Great Britain93 The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 201594, in respect of retail goods produced in or imported into England or Scotland The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 201995, in respect of retail goods produced in or imported into Wales | None |
64. Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC96 | The Veterinary Medicines Regulations 2013, as they have effect in Great Britain The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015, in respect of retail goods produced in or imported into England or Scotland The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019, in respect of retail goods produced in or imported into Wales | None |
65. Chapter II of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/200897 and Chapter I thereof insofar as it prohibits the use of synthetic alcohol and certain colourings | Chapter II of Regulation 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/8998 and Chapter I thereof insofar as it prohibits the use of synthetic alcohol and certain colourings | None |
66. Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/200599, insofar as it concerns provisions relating to minimum sizes of marine organisms that also constitute minimum marketing sizes | Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005100, insofar as it concerns provisions relating to minimum sizes of marine organisms that also constitute minimum marketing sizes | None |
SCHEDULE 2Application of public health and marketing standards by virtue of the disapplication of EU Directives listed in Annex 1 to the SPS Regulation
Column 1 EU instrument listed in Annex 1 to the SPS Regulation (including paragraph numbering from that Annex) | Column 2 Instruments | Column 3 Modifications |
|---|---|---|
1. Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs 101 | In respect of retail goods produced in or imported into England, the following provisions of the Materials and Articles in Contact with Food (England) Regulations 2012102— Part 1 (preliminary), so far as relating to Part 4 (and Schedules 2, 3 and 4). Part 4 (requirements for ceramic articles), together with Schedules 2, 3 and 4. In respect of retail goods produced in or imported into Wales, the following provisions of the Materials and Articles in Contact with Food (Wales) Regulations 2012103— Part 1 (preliminary), so far as relating to Part 4 (and those Schedules). Part 4 (requirements for ceramic articles), together with Schedules 3, 4 and 5. In respect of retail goods produced in or imported into Scotland, the following provisions of the Materials and Articles in Contact with Food (Scotland) Regulations 2012104— Part 1 (preliminary), so far as relating to Part 4 (and those Schedules). Part 4 (requirements for ceramic articles), together with Schedules 3, 4 and 5. | None |
3. Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption 105 | Commission Regulation (EC) No 37/2005 of 12 January 2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption106 In respect of retail goods produced in or imported into England, the Quick-frozen Foodstuffs (England) Regulations 2007107 except regulations 9, 10 and 12. In respect of retail goods produced or imported into Wales, the Quick-frozen Foodstuffs (Wales) Regulations 2007108 except regulations 9, 10 and 12. In respect of retail goods produced or imported into Scotland, the Quick-frozen Foodstuffs Regulations 1990109 except for regulations 7 and 8. | None |
7. Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of ß‐agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC110 | The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015 in respect of retail goods produced in or imported into England or Scotland. The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) 2019, in respect of retail goods produced in or imported into Wales. | None |
9. Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation 111 | In respect of retail goods produced in or imported into England, the Food Irradiation (England) Regulations 2009112 except for regulations 9-11. In respect of retail goods produced in or imported into Wales, the Food Irradiation (Wales) Regulations 2009113 except for regulations 9-11. In respect of retail goods produced in or imported into Scotland, the Food Irradiation (Scotland) Regulations 2009114 except for regulations 9-11. | None |
10. Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation 115 | In respect of retail goods produced in or imported into England, the Food Irradiation (England) Regulations 2009 except for regulations 9-11. In respect of retail goods produced in or imported into Wales, the Food Irradiation (Wales) Regulations 2009 except for regulations 9-11. In respect of retail goods produced in or imported into Scotland, the Food Irradiation (Scotland) Regulations 2009 except for regulations 9-11. | None |
11. Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts 116 | In respect of retail goods produced in or imported into England, the Coffee Extracts and Chicory Extracts (England) Regulations 2000117 except for regulations 7 and 10. In respect of retail goods produced in or imported into Wales, the Coffee Extracts and Chicory Extracts (Wales) Regulations 2001118 except for regulations 7 and 10. In respect of retail goods produced in or imported into Scotland, the Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001119 except for regulations 7 and 10. | None |
12. Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption 120 | In respect of retail goods produced in or imported into England, the Cocoa and Chocolate Products (England) Regulations 2003121 except for regulations 8 and 10. In respect of retail goods produced in or imported into Wales, the Cocoa and Chocolate Products (Wales) Regulations 2003122 except for regulations 8 and 10. In respect of retail goods produced in or imported into Scotland the Cocoa and Chocolate Products (Scotland) Regulations 2003123 except for regulations 8 and 11. | None |
14. Council Directive 2001/110/EC of 20 December 2001 relating to honey 124 | In respect of retail goods produced in or imported into England, the Honey (England) Regulations 2015125 except for regulations 18, 18A, 19, 22 and 22A and Schedule 2. In respect of retail goods produced in or imported into Wales, the Honey (Wales) Regulations 2015126 except for regulations 18, 18A, 19, 22 and 23 and Schedule 2. In respect of retail goods produced in or imported into Scotland, the Honey (Scotland) Regulations 2015127 except for regulations 17, 17A and 18. | None |
15. Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption 128 | In respect of retail goods produced in or imported into England, the Specified Sugar Products (England) Regulations 2003129 except for regulations 7 and 9. In respect of retail goods produced in or imported into Wales, the Specified Sugar Products (Wales) Regulations 2003130 except for regulations 7 and 9. In respect of retail goods produced in or imported into Scotland, the Specified Sugar Products (Scotland) Regulations 2003131 except for regulations 7 and 9. | None |
16. Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption 132 | In respect of retail goods produced in or imported into England, the Fruit Juices and Fruit Nectars (England) Regulations 2013133 except for regulations 16-19 and Schedule 14. In respect of retail goods produced in or imported into Wales, the Fruit Juices and Fruit Nectars (Wales) Regulations 2013134 except for regulations 16-19 and Schedule 14. In respect of retail goods produced in or imported into Scotland, the Fruit Juices and Fruit Nectars (Scotland) Regulations 2013135 except for regulations 16-18 and Schedule 14. | None |
17. Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption 136 | In respect of retail goods produced in or imported into England, the Jam and Similar Products (England) Regulations 2003137 except for regulations 7 and 9. In respect of retail goods produced in or imported into Wales, the Jam and Similar Products (Wales) Regulations 2018138 except for regulations 9 and 10 and Schedule 5. In respect of retail goods produced in or imported into Scotland, the Jam and Similar Products (Scotland) Regulations 2004139 except for regulations 7 and 10. | None |
18. Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption 140 | In respect of retail goods produced in or imported into England, the Condensed Milk and Dried Milk (England) Regulations 2015141 except for regulations 6 and 7 and Schedule 3. In respect of retail goods produced in or imported into Wales, the Condensed Milk and Dried Milk (Wales) Regulations 2018142 except for regulations 6 and 7 and Schedule 3. In respect of retail goods produced in or imported into Scotland, the Condensed Milk and Dried Milk (Scotland) Regulations 2003143 except for regulations 7 and 10. | None |
20. Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed 144 | In respect of retail goods produced in or imported into England, the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015145, Part 6 and Schedules 4 and 5 (and Part 1 so far as relating to those provisions) save that paragraphs (1) to (5) and (8) to (13) of regulation 15 are to be treated as applying only in so far as they give effect to the standards set out in Schedules 4 and 5. In respect of retail goods produced in or imported into Wales, the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016146, Part 6, Schedules 1B and 1C (and Part 1 so far as relating to those provisions) save that paragraphs (1) to (5) and (8) to (11) of regulation 15 are to be treated as applying only in so far as they give effect to the standards set out in Schedules 1B and 1C. In respect of retail goods produced in or imported into Scotland, the Animal Feed (Scotland) Regulations 2010147, Part 4 and Schedules 4 and 5 (and Part 1 so far as relating to those provisions) save that paragraph (8) of regulation 9 does not apply and paragraphs (1) to (5) of that regulation are to be treated as applying only in so far as they impose an obligation to comply with the requirements of Schedules 4 and 5. | None |
21. Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements 148 | The Food Supplements (England) Regulations 2003149 except for regulations 8, 9, 11 and 12. The Food Supplements (Wales) Regulations 2003150 except for regulations 8, 9, 11 and 12. The Food Supplements (Scotland) Regulations 2003151 except for regulations 8, 9 and 11. | None |
44. Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients152 | In respect of retail goods produced in or imported into England, the following provisions of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013153— Part 1, so far as relating to Part 3 and Schedule 6; Part 3 (extraction solvents) together with Schedule 6 In respect of retail goods produced in or imported into Wales, the following provisions of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013154— Part 1 (introductory), so far as relating to Part 3 and Schedule 6; Part 3 (extraction solvents) together with Schedule 4A In respect of retail goods produced in or imported into Scotland, the following provisions of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013155— Part 1 (introductory), so far as relating to Part 3 and Schedule 6; Part 3 (extraction solvents) together with Schedule 6 | In regulation 10(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013, the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom” In regulation 10(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013 the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom” In regulation 8(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom” |
45. Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters 156 | In respect of retail goods produced in or imported into England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007157 except for regulations 3(1)(d)(i), 16, 16A, 17 and 22. In respect of retail goods produced in or imported into Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015158 except for— regulation 3(1)(d)(i); Part 5; regulations 32 to 35; Schedules 9 to 12. In respect of retail goods produced in or imported into Scotland, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007159 except for regulations 3(1)(d)(i), 16 to 18, 20 to 22. | None |
59. Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 November 2015 on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC160 | In respect of retail goods produced in or imported into England, the Caseins and Caseinates (England) Regulations 2017161 except for regulations 6, 7 and 10 and Schedule 5. In respect of retail goods produced in or imported into Wales, the Caseins and Caseinates (Wales) Regulations 2016162 except for regulations 7, 8 and 10 and Schedule 5. In respect of retail goods produced in or imported into Scotland, the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016163 except for regulations 6, 7 and 8 and Schedule 4. | None |
SCHEDULE 3Application of organic product standards
Column 1 EU instrument listed in Annex 1 to the SPS Regulation (including paragraph numbering from that Annex) | Column 2 Instruments | Column 3 Modifications |
|---|---|---|
62. Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007164 | Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91165 Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control166 Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries167 The Organic Products Regulations 2009168 except for Part 5. | None |
(This note is not part of the Regulations)