SCHEDULE 2Application of public health and marketing standards by virtue of the disapplication of EU Directives listed in Annex 1 to the SPS Regulation

Regulation 4

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