2019 No. 1376 (W. 242)
The Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) (No. 3) Regulations 2019
Made
Laid before the National Assembly for Wales
Coming into force in accordance with regulation 1(2)
The Welsh Ministers, in exercise of the power conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 F1, make the following Regulations.
The Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by resolution of, the National Assembly for Wales.
In accordance with paragraph 4(a) of Schedule 2 to the European Union (Withdrawal) Act 2018, the Welsh Ministers have consulted the Secretary of State with regard to the amendment of the Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 F2 and the amendment of the Food Information (Wales) (Amendment) (EU Exit) Regulations 2019 F3.
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 F4 there has been open and transparent public consultation during the preparation of these Regulations with regard to the amendment of the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009 F5, the Eggs and Chicks (Wales) Regulations 2010 F6, the Poultrymeat (Wales) Regulations 2011 F7, the Food Information (Wales) (Amendment) (EU Exit) Regulations 2019 and the Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.
S.I. 2019/732 (W. 137).
S.I. 2019/XXX (W. XXX).
OJ No. L 31, 1.2.2002, p. 1.
S.I. 2009/1551 (W. 151), amended by S.I. 2019/732 (W. 137). These amendments are due to come into force on exit day. There are other amending instruments but none is relevant.
S.I. 2010/1671 (W. 158), amended by S.I. 2019/463 (W. 111) and S.I. 2019/732 (W. 137). These amendments are due to come into force on exit day. There are other amending instruments but none is relevant.
S.I. 2011/1719 (W. 195), amended by S.I. 2013/3270 (W. 320). S.I. 2011/1719 (W. 195) is also amended by S.I. 2019/463 (W. 111) and S.I. 2019/732 (W. 137) with these amendments coming into force on exit day.
Title and commencementI11
1
The title of these Regulations is the Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) (No. 3) Regulations 2019.
2
Save for regulations F111, 5 and 6 which come into force immediately before exit day, these Regulations come into force on exit day.
Amendment of the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009I22
In the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009, after regulation 22 insert—
Transitional provisions: withdrawal from the EU23
1
Regulation 4 does not apply in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—
a
relates to a product that was placed on the market before the end of the period of 21 months beginning on the day on which F8IP completion day falls, and
b
would not have constituted a contravention of that Regulation as it applied immediately before F8IP completion day.
2
An authorised officer must not exercise the powers under regulation 11(1) in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—
a
relates to a product that was placed on the market before the end of the period of 21 months beginning on the day on which F8IP completion day falls, and
b
would not have constituted a contravention of that Regulation as it applied immediately before F8IP completion day.
Amendment of the Eggs and Chicks (Wales) Regulations 2010I33
1
The Eggs and Chicks (Wales) Regulations 2010 are amended as follows.
2
In regulation 3(1), at the appropriate place, insert the following definition—
“third country” (“trydedd wlad”) means any country or territory other than—
- a
the United Kingdom;
- b
the Bailiwick of Guernsey;
- c
the Bailiwick of Jersey;
- d
the Isle of Man.
3
In Schedule 1, in Part 2, in the table, omit row 6.
4
In Schedule 2, in Part 2, in the table—
a
in row 2, in column 2, omit “Article 3 of Commission Regulation (EC) No 589/2008”, and
b
omit rows 18 to 20.
5
In Schedule 3, in the table, in row 1, in column 3, omit “national”.
Amendment of the Poultrymeat (Wales) Regulations 2011I44
In the Poultrymeat (Wales) Regulations 2011, in regulation 2(1), at the appropriate place, insert the following definition—
“third country” (“trydedd wlad”) means any country or territory other than—
- a
the United Kingdom;
- b
the Bailiwick of Guernsey;
- c
the Bailiwick of Jersey;
- d
the Isle of Man.
Amendment of the Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019F95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Food Information (Wales) (Amendment) (EU Exit) Regulations 2019F106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2018 c. 16.