2019 No. 463 (W. 111)
The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
- a
except so far as relating to the regulations mentioned in paragraph (b), section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) F1; and
- b
so far as relating to regulations 5, 6, 10 and 11, sections 1, 7(1), 8(1), 10, 14(1) and 23 of the Animal Health Act 1981 F2.
The Welsh Ministers are designated F3 for the purposes of section 2(2) of the 1972 Act in relation to—
- a
measures in the veterinary and phytosanitary field for the protection of human health F4;
- b
the common agricultural policy F5;
- c
measures in respect of food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals F6;
- d
measures relating to prevention and remedy of environmental damage F7;
- e
measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms F8;
- f
measures relating to the assessment and management of ambient air quality and compliance with air quality limit values, target values and objectives F9;
- g
materials providing or intended to provide nutrients for plants F10;
- h
the quality of water intended for domestic purposes or for use in a food production undertaking F11.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in regulation 9 to be construed as references to those instruments as amended from time to time.
There has been open and transparent public consultation during the preparation and evaluation of these Regulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council 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 F12.
1981. c.22|. Functions under the Act are exercisable by the Welsh Ministers (in relation to Wales) by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044); and section 162 of, and paragraph 11 to, Schedule 11 of the Government of Wales Act 2006 (c.32).
By virtue of section 59(2) of the Government of Wales Act 2006, the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose.
S.I. 2008/1792, to which there are amendments not relevant to these Regulations.
S.I. 2010/2690. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, this designation has effect as if made under section 59(1) of that Act.
S.I. 2005/1971. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, this designation has effect as if made under section 59(1) of that Act.
S.I. 2003/2901, to which there are amendments not relevant to these Regulations. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, this designation has effect as if made under section 59(1) of that Act.
S.I. 2000/2812. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006, this designation has effect as if made under section 59(1) of that Act.
S.I. 2004/3328. By virtue of paragraph28(1) of Schedule 11 to the Government of Wales Act 2006, S.I. this designation has effect as if made under section 59(1) of that Act.
OJ No L 31, 1.2.2002, p. 1, as last amended by Commission Regulation (EU) 2017/228 (OJ No L 35, 10.2.2017, p10).
PART 1General provisions
Title, application and commencementI11
1
The title of these Regulations is the Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019.
2
These Regulations apply in relation to Wales.
3
These Regulations come into force on 28 March 2019.
PART 2Amendments to legislation concerning agriculture
The EC Fertilisers (England and Wales) Regulations 2006I22
The Bovine Semen (Wales) Regulations 2008I33
The Official Feed and Food Controls (Wales) Regulations 2009I44
1
The Official Feed and Food Controls (Wales) Regulations 2009 F18 are amended as follows.
2
In Schedule 3, in paragraph (a)—
a
omit sub-paragraph (iii);
b
for sub-paragraph (iv) substitute—
iv
the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs F19,
PART 3Amendments to legislation concerning animals
The Foot and Mouth Disease (Wales) Order 2006I55
1
The Foot and Mouth (Wales) Order 2006 F20 is amended as follows.
2
In article 3—
a
in the definition of “the Directive”, at the end insert, “
, as last amended by Commission Implementing Decision (EU) 2018/1099 F21
”
;
b
in the definition of “Regulation (EC) No. 1069/2009”, at the end insert “
, as last amended by Council Regulation (EU) 1385/2013 F22
”
;
c
in the definition of “Regulation (EU) No. 142/2011”, at the end insert “
, as last amended by Commission Regulation (EU) 2017/1262 F23
”
.
3
In article 32, for paragraph (5) substitute —
5
In this article, “border inspection post” means one that has been listed in Commission Decision 2009/821/ECF24 drawing up a list of approved border inspection posts.
The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006I66
In article 2(2) of the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 F25, after “Directive 92/40/EEC” insert “
, as last amended by Council Directive 2008/73/ECF26
”
.
The Cattle Identification (Wales) Regulations 2007I77
1
The Cattle Identification (Wales) Regulations 2007 F27 are amended as follows.
2
In regulation 2(1)—
a
after the definition of “Commission Regulation (EC) No 494/98F28” insert—
“Commission Regulation (EC) No 911/2004” (“Rheoliad y Comisiwn (EC) Rhif 911/2004”) means Commission Regulation (EC) No 911/2004 implementing Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards eartags, passports and holding registers, as last amended by Commission Implementing Regulation (EU) 2017/949 F29.
b
in the definition of “Regulation (EC) No 1760/2000F30” (“Rheoliad (EC) Rhif 1760/2000”), at the end insert “
, as amended by Regulation (EU) 2016/429 of the European Parliament and the Council F31
”
.
3
In regulation 2(2)(c), omit the words from “(implementing” to “registers)”.
4
In Schedule 3, in paragraph 3(3)(a) of Part 1, after “Council” insert “
, as last amended by Regulation (EU) No 1385/2013 of the European Parliament and of the Council F32
”
.
The Zoonoses (Monitoring) (Wales) Regulations 2007I88
The Welfare of Farmed Animals (Wales) Regulations 2007I99
In Schedule 5A to the Welfare of Farmed Animals (Wales) Regulations 2007 F36, in paragraph 1 of Part 1—
a
The Control of Salmonella in Poultry (Wales) Order 2008I1010
In article 3 of the Control of Salmonella in Poultry (Wales) Order 2008 F41, before paragraph (a), insert —
za
Regulation (EC) No 2160/2003;
The Control of Salmonella in Turkey Flocks (Wales) Order 2010I1111
In article 3 of the Control of Salmonella in Turkey Flocks (Wales) Order 2010 F42, before paragraph (a), insert —
za
Regulation (EU) No 1190/2012;
The Trade in Animals and Related Products (Wales) Regulations 2011I1212
1
The Trade in Animal and Related Products Regulations (Wales) Regulations 2011 F43 are amended as follows.
2
In regulation 2(1), in the definition of “product” (“cynnyrch”), after “97/78/EC)” insert “
, as last amended by Commission Implementing Decision (EU) 2016/1196 F44
”
.
3
In regulation 9, after “2007/275/EC”, insert “
, as last amended by Commission Implementing Decision (EU) 2016/1196 F45
”
.
4
In regulation 10(a) after “countries” insert “
, as last amended by Commission Implementing Regulation (EU) No 494/2014 F46
”
.
5
In regulation 11(4) after “countries” insert “
, as last amended by Commission Implementing Decision (EU) 2016/1196
”
.
6
In regulation 12(4), after “2007/275/EC” insert “
, as last amended by Commission Implementing Decision (EU) 2016/1196
”
.
7
In regulation 15(1)(a), after “countries” insert “
as last amended by Council Directive 2013/20/EU F47
”
.
8
In regulation 20 after sub-paragraph (3) insert—
4
In this regulation “Regulation (EC) No 1069/2009” (“Rheoliad (EC) Rhif 1069/2009”) means Regulation (EC) No 1069/2009F48 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived by-products, as last amended by Council Regulation (EU) No 1385/2013 F49
9
In regulation 28, for the words from “in a free zone” to the end, substitute—
in contravention of the following provisions of Regulation (EU) No 952/2013 F50 of the European Parliament and of the Council laying down the Union Customs Code—
a
[Title 5, Chapter 3, in section 2,] regarding free zones, and
b
Title 7, Chapter 3, in section 2, regarding warehouses
10
In regulation 32(4) for the words “Articles 37” to the end substitute “
Articles 135 to 137 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs
Code
”
.
11
In regulation 35(2), in the words before paragraph “(a)”, after “Council Directive 90/425/EECF51” insert “
, as last amended by Regulation (EU) 2016/1012 F52
”
.
12
In Schedule 2—
a
in Part 1, after paragraph 7 insert —
Interpretation8
In this part—
“Council Directive 64/432/EECF53” (“Cyfarwyddeb y Cyngor 64/432/EEC”) means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine, as last amended by Commission Implementing Decision (EU) 2015/819 F54;
“Council Directive 91/68/EEC” (“Cyfarwyddeb y Cyngor 91/68/EEC”) means Council Directive 91/68/EECF55 on animal health conditions governing intra-community trade in ovine and caprine animals, as last amended by Commission Implementing Decision (EU) 2016/2002 F56.
b
in Part 2, for paragraph 10, substitute “
When a horse is imported temporarily from a third country, the provisions of Section 7 of Commission Implementing Regulation
(EU) 2018/659 apply.
”
.
The African Horse Sickness (Wales) Regulations 2013I1313
The Animal By-Products (Enforcement) (Wales) Regulations 2014I1414
In Schedule 1 of the Animal By-Products (Enforcement) (Wales) Regulations 2014 F59, in entry 17 of the table, in the third column, omit “and 36(1)”.
PART 4Amendments to legislation concerning education
The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013I1515
1
The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 F60 are amended as follows.
2
In regulation 2(1) in the definition of “relevant European Union Regulations” (“Rheoliadau Undeb Ewropeaidd perthnasol”)—
a
after the definition of “Regulation (EC) No 1333/2008” insert “
as amended from time to time
”
;
b
after the definition of “Regulation (EC) No 1334/2008” insert “
as amended from time to time
”
.
PART 5Amendments to legislation concerning environmental protection
The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996I1616
1
The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996 F61 are amended as follows.
2
In regulation 1(3)—
a
after the definition of “the Act” omit “and”;
3
In regulation 3(2)—
a
in sub- paragraph (b)(ii) for “regulation 3(2)” substitute “
regulation 3(1)
”
;
The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002I1717
In regulation 2(1) of the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002, in the definition
of “the Deliberate Release Directive” (“y Gyfarwyddeb Gollwng Bwriadol”) from the words “as amended” to the end substitute “
as last amended by Directive (EU) 2015/412 of the European Parliament and of the Council as regards the possibility for the
Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory F66
”
.
The Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005I1818
In regulation 2(1) of the Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005 F67, in the definition of “the Council Regulation” (“Rheoliad y Cyngor”) at the end insert “
, as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council adapting a number of instruments subject to the procedure laid down in Article
251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny F68
”
.
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009I1919
In paragraph 7 of Schedule 2 to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 F69, after sub-paragraph (b) insert—
ba
hazardous substances as defined in Article 3 of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures F70;
The Air Quality Standards (Wales) Regulations 2010I2020
In regulation 14 of the Air Quality Standards (Wales) Regulations 2010 F71—
a
in sub-paragraph (5)(b) for “Directive 2008/1/EC” substitute “
Directive 2010/75/EU
”
;
b
in sub-paragraph (7) for the definition of “Directive 2008/1/EC” (“Cyfarwyddeb 2001/81/EC”) substitute “Directive 2010/75/EU (“Cyfarwyddeb 2010/75/EU”) means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions in so far as it has been transposed into the law that applies in Wales”.
PART 6Amendments to legislation concerning food
The Fishery Products (Official Controls Charges) (Wales) Regulations 2007I2121
In regulation 2(1) of the Fishery Products (Official Controls Charges) (Wales) Regulations 2007 F72, in the definition of “third country import” (“mewnforyn trydedd wlad”), for the words from “Part” to “applies” substitute “
a charge is payable under Regulation 882/2004
”
.
The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008I2222
In regulation 2(1) of the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations)
(Wales) Regulations 2008 F73, in the definition of “Regulation (EU) 2013” (“Rheoliad (EU) 2013”), for the words from “the Regulation” to “1234/2007” substitute “
Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets
in agricultural products F74
”
.
The Drinking Milk (Wales) Regulations 2010I2323
In regulation 2(1) of the Drinking Milk (Wales) Regulations 2010 F75, in the definition of “Part IV” (“Rhan IV”) for the words from “Part IV of” to “1234/2007” substitute “
Part 4 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation
of the markets in agricultural products
”
.
The Eggs and Chicks (Wales) Regulations 2010I2424
1
The Eggs and Chicks (Wales) Regulations 2010 F76 are amended as follows.
2
In regulation 3(1)—
a
in the definition of “Regulation (EU) 2013” (“Rheoliad (EU) 2013”), for the words from “the Regulation” to “1234/2007” substitute “
Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets
in agricultural products
”
;
b
after the definition of “Regulation (EU) 2013” omit “and”;
c
in paragraph (6)(a) omit “the Single CMO Regulation or”.
3
In Schedule 2—
a
in Part 1, in the first column of the table, in both entries relating to Article 75(2) and (3), omit “of Regulation (EU) 2013”;
b
in Part 2, in the second column of the table, for the entry relating to the first and second sub-paragraphs of Article 12(2),
for the words from “Article 2” to “foodstuffs” substitute “
Article 23(1) of Regulation (EU) 834/2007 on organic production and labelling of organic products
”
.
The Poultrymeat (Wales) Regulations 2011I2525
In regulation 2(1) of the Poultrymeat (Wales) Regulations 2011 F77, in the definition of “Regulation (EU) 2013” (“Rheoliad (EU) 2013”) for the words from “the Regulation (EU) 2013” to “1234/2007” substitute “
Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets
in agricultural products
”
.
PART 7Amendments to legislation concerning plant health
The Marketing of Ornamental Plant Propagating Material Regulations 1999I2626
1
The Marketing of Ornamental Plant Propagating Material Regulations 1999 F78 are amended as follows.
2
In regulation 7(4) for “regulation 15 of the Plant Health (Great Britain) Order 1993” substitute “
article 25 of the Plant Health (Wales) Order 2018 F79
”
.
3
In regulation 8(3)—
a
for the words from “plant pest” to “1993” substitute “
notifiable plant pest as defined in article 42(3) of the Plant Health (Wales) Order 2018
”
;
b
for “article 20” substitute “
article 42
”
.
4
In regulation 12(3) for the words from “article 12(5)” to the end substitute “
article 9(1) of the Plant Health (Wales) Order 2018
”
.
The Plant Health (Wales) Order 2018I2727
In Part A of Schedule 9 to the Plant Health (Wales) Order 2018 F80, in paragraph 8 for sub-paragraph (b) substitute—
b
Article 5(2) of Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit propagating material and fruit plants intended for fruit production falling within the scope of Council Directive 2008/90/ECF81;
PART 8Amendments to legislation concerning sea fisheries
The Prohibition of Fishing with Multiple Trawls (Wales) Order 2003I2828
In Article 2(1) of the Prohibition of Fishing with Multiple Trawls (Wales) Order 2003, in the definition of “the Council Regulation” (“Rheoliad y Cyngor”) substitute “as corrected by Corrigendum to Annex XII of the Council Regulation and amended by Council Regulation (EC) No. 308/1999, Council Regulation (EC) No. 1459/1999, Council Regulation (EC) No. 2723/1999, Council Regulation (EC) No. 812/200 and Council Regulation (EC) No. 1298/2000;” with “as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council F82;”
PART 9Amendments to legislation concerning water
The Private Water Supplies (Wales) Regulations 2017I2929
1
The Private Water Supplies (Wales) Regulations 2017 F83 are amended as follows.
2
In regulation 6(4)(c), after “Article 7(1)” insert “
and Article 8
”
.
3
In Schedule 4, in Part 3, for paragraph 13(a) substitute—
a
the measured radionuclide concentrations and the dose coefficients referred to as “standard values and relationships” in Article 13, and recommended for the estimation of doses from internal exposure in the definition of “standard values and relationships” in Article 4(96), of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation F84; or
The Water Supply (Water Quality) Regulations 2018I3030
1
The Water Supply (Water Quality) Regulations 2018 F85 are amended as follows.
2
In regulation 8(1), for “items 1 to 11” substitute “
items 1 to 12
”
.
3
In Table 3 in Part 1 of Schedule 3—
a
in the table heading, for “supply points” substitute “
in water supply zones (or supply points)
”
;
b
for item 5, for the entry in column 2 substitute—
Colstridium perfringens (including spores)(1)
c
for item 11, for the entry in column 2 substitute—
Indicative dose(1)
d
for item 17, for the entry in column 2 substitute—
Tetrachloroethene/Trichloroethene(1)
e
omit the row that relates to item 20.
PART 10Miscellaneous revocations
Miscellaneous revocationsI3131
The following are revoked—
a
the Fish Producers' Organisations (Formation Grants) Regulations 1999 F86;
b
the Agricultural Subsidies (Appeals) (Wales) Regulations 2001 F87;
c
the Fisheries and Aquaculture Structures (Grants) (Wales) Regulations 2002 F88;
d
the Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014 F89.
1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 1 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.