The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

• Citation: S.I. 2018/942
• Sections: 55

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018.

(2) They come into force on 17th September 2018 except for the following regulations which come into force on 10th November 2018—

(a) regulation 5(b) ;

(b) regulation 7(2) ;

(c) regulation 18 ;

(d) regulation 20(2)(d) ;

(e) regulations 33(b)(i) and 34(a) .

(3) Subject to paragraphs (4) to (6) , a provision that amends an enactment has the same extent and application as the enactment, or provision or part of the enactment, that it amends.

(4) Regulation 3 does not extend to Scotland.

(5) Regulation 10 does not apply insofar as the Welsh Ministers may make similar provision by virtue of section 58B of the Government of Wales Act 2006, read with sections 107 and 108A of, and paragraph 171 of Part 2 of Schedule 7A to, that Act .

(6) The following regulations do not apply in relation to Wales—

(a) regulation 19 ;

(b) regulation 30 ;

(c) regulation 32 ;

(d) regulation 35 ;

(e) regulation 44 .

Section 2 The Environmental Protection Act 1990

In section 62A(1)(b) of the Environmental Protection Act 1990 , at the end insert “, as last amended by Council Regulation (EU) 2017/997 ”.

Section 3 The Environment Act 1995

In section 41(1)(c) of the Environment Act 1995 , after “ Directive 2008/98/EC ” insert “, as last amended by Council Regulation (EU) 2017/997,”.

Section 4 The Pollution Prevention and Control Act 1999

(1) The Pollution Prevention and Control Act 1999 is amended as follows.

(2) In section 1—

(a) for subsection (1)(a) substitute—

(a) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) ;

(b) in subsection (3)(e), for “Council Directive 96/61/EC ” substitute “ Directive 2010/75/EU ”.

(3) In Schedule 1, in paragraph 20(2)—

(a) omit paragraphs (a) and (b) (together with the final “and”);

(b) in paragraph (c) omit “other”.

Section 5 The Natural Environment and Rural Communities Act 2006

In section 43(3) of the Natural Environment and Rural Communities Act 2006 —

(a) in paragraph (c), at the end insert “, as last corrected by a corrigendum (OJ No L 280, 28.10.2017, p 57)”;

(b) in paragraph (d), at the end insert “, as last amended by Commission Regulation (EU) 2018/605 ”.

Section 6 The Marine and Coastal Access Act 2009

In section 75(5) of the Marine and Coastal Access Act 2009 , after “waste” insert “, as last amended by Council Regulation (EU) 2017/997,”.

Section 7 The Control of Pesticides Regulations 1986

(1) The Control of Pesticides Regulations 1986 are amended as follows.

(2) In regulation 2(1), in the definition of “Regulation 1107/2009”, for “and repealing Council Directives 79/117/EEC and 91/414/EEC ” substitute “, as last amended by Commission Regulation (EU) 2018/605”.

(3) In regulation 8(6), for “the Environmental Information Regulations 1992 ” substitute “the Environmental Information Regulations 2004 ”.

Section 8 The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

(1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 are amended as follows.

(2) In regulation 2(1) omit the definition of “EEA State”.

(3) In regulation 3(3), in the words before sub-paragraph (a)—

(a) omit “paragraphs (4) and (5) (in relation to England) and”;

(b) for “likely to have, or not to have,” substitute “not likely to have”.

(4) In regulation 3B—

(a) after paragraph (6) insert—

(6A) Where a proposer applies for a grant from the appropriate forestry body or from the National Forest Company for the purposes of a proposed project of the kind described in paragraph (1)—

(a) the proposer is not required to send prior full notification to the appropriate forestry body in respect of the project to which the grant relates, and

(b) where the appropriate forestry body or the National Forest Company offers a grant to the proposer, the proposer may conclude that the project to which the grant relates is to be treated as being unlikely to have significant effects on the environment.

(b) in paragraph (7)(g), for “and repealing Council Regulation (EC) No 1698/2005 ” substitute “, as last amended by Commission Delegated Regulation (EU) 2018/162 ”.

(5) In regulation 6, after paragraph (1A) insert—

(1B) Where a proposer applies for a grant from the appropriate forestry body or the National Forest Company for the purposes of the project and the application is accompanied by the information referred to in regulation 5(2), the appropriate forestry body may treat that grant application as an application for an opinion under regulation 5 and as an exceptional case for the purposes of paragraph (1A).

(6) Schedule 2 is amended in accordance with paragraphs (7) to (10).

(7) In the heading, for “likely” substitute “not likely”.

(8) In paragraph 1A—

(a) in the heading, for “likely” substitute “not likely”;

(b) in sub-paragraph (1)—

(i) after “regulation 3(3),” insert “and subject to regulations 6(3) and 7(6),”;

(ii) for “likely to have, or not to have,” substitute “not likely to have”;

(c) in the table after sub-paragraph (2), omit rows 2, 3, 7, 8, 10, 11, 13, 14, 16, 17 and 19.

(9) In the heading of paragraph 2, for “likely” substitute “not likely”.

(10) For paragraph 2(1) substitute—

(1) For the purposes of regulation 3(3), and subject to regulations 6(3) and 7(6), a project in Wales of a type specified in an entry in Column 1 in the Table that is below the threshold (if any) specified in Column 2 or 3 of the Table, whichever is appropriate to the land covered, or proposed to be covered, by that project is to be treated as being not likely to have a significant effect on the environment.

Section 9 The End-of-Life Vehicles Regulations 2003

(1) The End-of-Life Vehicles Regulations 2003 are amended as follows.

(2) In regulation 2—

(a) in the definition of “the Directive”, at the end insert “, as last amended by Commission Directive (EU) 2017/2096 ”;

(b) in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

(3) In regulation 5, for “Article 8(2)(a) of Directive 70/156/EEC ” substitute “Article 23 of Directive 2007/46/EU of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ”.

Section 10 The Environmental Information Regulations 2004

In regulation 18(6) of the Environmental Information Regulations 2004, for the words from “applies to a decision notice” to the end substitute “does not apply”.

Section 11 The End-of-Life Vehicles (Producer Responsibility) Regulations 2005

(1) The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 are amended as follows.

(2) In regulation 2—

(a) in the definition of “the Directive”, at the end insert “, as last amended by Commission Directive (EU) 2017/2096”;

(b) in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

(3) In regulation 5, for “the second indent of Article 4(1)(a) of Directive 70/156/EEC ” substitute “Article 9(1)(b) of Directive 2007/46/EU of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.

Section 12 The Marine Works (Environmental Impact Assessment) Regulations 2007

In Schedule A1 to the Marine Works (Environmental Impact Assessment) Regulations 2007 , in paragraph 15, after “Council on waste” insert “, as last amended by Council Regulation (EU) 2017/997,”.

Section 13 The Batteries and Accumulators (Placing on the Market) Regulations 2008

In regulation 26(2) of the Batteries and Accumulators (Placing on the Market) Regulations 2008 , for the words “and repealing Directive 91/157/EEC ” substitute “, as last amended by Directive 2013/56/EU of the European Parliament and of the Council ,”.

Section 14 The Waste Batteries and Accumulators Regulations 2009

In regulation 71(2) of the Waste Batteries and Accumulators Regulations 2009 , for the words from “Council Directive 67/548/EEC ” to “dangerous substances” substitute “Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures”.

Section 15 The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

In regulation 3 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 , for the words from “ Directive 96/82/EC ” to the end substitute “ Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances ”.

Section 16 The Marine Strategy Regulations 2010

In regulation 2 of the Marine Strategy Regulations 2010 , in the definition of “the Water Framework Directive”, for “amended” substitute “last amended by Commission Directive 2014/101/EU ”.

Section 17 The Marine Licensing (Exempted Activities) Order 2011

In article 3 of the Marine Licensing (Exempted Activities) Order 2011 , in the definition of “the Waste Framework Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

Section 18 The Plant Protection Products Regulations 2011

In regulation 2(1) of the Plant Protection Products Regulations 2011 , in the definition of “Regulation 1107/2009”, for “and repealing Council Directives 79/117/EEC and 91/414/EEC ” substitute “, as last amended by Commission Regulation (EU) 2018/605”.

Section 19 The Controlled Waste (England and Wales) Regulations 2012

In Schedule 1 to the Controlled Waste (England and Wales) Regulations 2012 , in paragraph 1, in the definition of “clinical waste”, in paragraph (c), for the words from “Council Directive” to the end substitute “Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time,”.

Section 20 The Plant Protection Products (Sustainable Use) Regulations 2012

(1) The Plant Protection Products (Sustainable Use) Regulations 2012 are amended as follows.

(2) In regulation 2(1)—

(a) omit the definition of “ Directive 1999/45/EC ”;

(b) in the definition of “the Directive”, after “pesticides” insert “, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council ”;

(c) after the definition of “professional user” insert—

“Regulation 1272/2008” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time;

(d) in the definition of “Regulation 1107/2009”, for “and repealing Council Directives 79/117/EEC and 91/414/EEC ” substitute “, as last amended by Commission Regulation (EU) 2018/605”.

(3) In regulation 10—

(a) in paragraph (2)(c)—

(i) after “water policy” insert “, as last amended by Commission Directive 2014/101/EU ”;

(ii) for the words from “and Council” to the end insert “, as amended by Council Directive 2013/17/EU , and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, as last amended by Council Directive 2013/17/EU ”;

(b) in paragraph (3)—

(i) for “ Directive 1999/45/EC ” substitute “Regulation 1272/2008”;

(ii) for “as referred to in Article 16(3) of” substitute “listed in Annex 10 to”;

(c) in paragraph (4)(b), for “ Directive 1999/45/EC ” substitute “Regulation 1272/2008”.

(4) In Schedule 1, in paragraph 1(c), for “ Directive 1999/45/EC ” substitute “Regulation 1272/2008”.

Section 21 The Climate Change Agreements (Eligible Facilities) Regulations 2012

In regulation 2 of the Climate Change Agreements (Eligible Facilities) Regulations 2012 , in the definition of “the Waste Framework Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

Section 22 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

In regulation 2 of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 —

(a) in the definition of “the Directive”, at the end insert “, as last amended by Commission Delegated Directive (EU) 2017/1011 ”;

(b) in the definition of “harmonised standard”—

(i) for the words from “Annex I” to “services” substitute “Annex 1 to Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation ”;

(ii) for “Article 6 of that Directive” substitute “Article 10 of that Regulation”.

Section 23 The Waste Electrical and Electronic Equipment Regulations 2013

(1) The Waste Electrical and Electronic Equipment Regulations 2013 are amended as follows.

(2) In regulation 2—

(a) in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”;

(b) omit the definition of “dangerous substance or mixture”;

(c) in the definition of “producer”, for the words from “ Directive 97/7/EC ” to “distance contracts” substitute “ Directive 2011/83/EU of the European Parliament and of the Council on consumer rights ”.

(3) In regulation 24—

(a) in paragraph (2)(b), for “substances and mixtures” substitute “substance or mixture”;

(b) after paragraph (3) insert—

(4) In paragraph (2)(b), “dangerous substance or mixture” means any substance or mixture which fulfils the criteria for any of the following hazard classes or categories set out in Annex 1 to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time—

(a) hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

(b) hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

(c) hazard class 4.1;

(d) hazard class 5.1.

Section 24 The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

In Schedule 2 to the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 , in paragraph 3(1)(e) omit “, as last amended by Council Regulation (EU) 2017/997”.

Section 25 The Landfill Tax (Qualifying Fines) (No. 2) Order 2015

In article 2 of the Landfill Tax (Qualifying Fines) (No. 2) Order 2015 , in the definition of “hazardous waste”, for “European Parliament and Council Directive 2008/98/EC ” substitute “ Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997”.

Section 26 The Packaging (Essential Requirements) Regulations 2015

In regulation 2(1) of the Packaging (Essential Requirements) Regulations 2015 , in the definition of “the Waste Directive”, for “and repealing certain Directives” substitute “, as last amended by Council Regulation (EU) 2017/997”.

Section 27 The Renewables Obligation Order 2015

In article 2(1) of the Renewables Obligation Order 2015 , in paragraph (b) of the definition of “Solid Recovered Fuel”, after “Council on waste” insert “, as last amended by Council Regulation (EU) 2017/997”.

Section 28 The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

In Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 , in paragraph 9, for “of 19 November 2008 on waste” substitute “on waste, as last amended by Council Regulation (EU) 2017/997,”.

Section 29 The Water Resources Act 1991

In section 93(7) of the Water Resources Act 1991 , after “water policy” insert “, as last amended by Commission Directive 2014/101/EU ”.

Section 30 The Urban Waste Water Treatment (England and Wales) Regulations 1994

(1) The Urban Waste Water Treatment (England and Wales) Regulations 1994 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “the Directive”, after “treatment,” insert “as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council ,”;

(b) in the words after the definition of “Wales”, after “used” insert “in these Regulations and”.

(3) In Schedule 1, in Part 1, in sub-paragraph (b), for the words from “the concentration” to “Member States” substitute “50 mg/l of nitrates in 95% of the samples”.

Section 31 The Water Supply (Water Fittings) Regulations 1999

In regulation 4(2)(a) of the Water Supply (Water Fittings) Regulations 1999 , for “and repealing Council Directive 89/106/EEC ” substitute “, as last amended by Commission Delegated Regulation (EU) No 574/2014 ”.

Section 32 The Drinking Water (Undertakings) (England and Wales) Regulations 2000

In regulation 2 of the Drinking Water (Undertakings) (England and Wales) Regulations 2000 , after “human consumption)” insert “, as last amended by Commission Directive (EU) 2015/1787 ,”.

Section 33 The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004

In Schedule 1 to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 —

(a) in paragraph 3(2), for the words from “Council Directive 80/778/EC ” to the end substitute “Council Directive 98/83/EC on the quality of water intended for human consumption ”;

(b) in paragraph 14A(1)—

(i) after “on the market”, in the first place it occurs, insert “, as last amended by Commission Regulation (EU) 2018/605,”;

(ii) at the end, insert “, as last corrected by a corrigendum”.

Section 34 The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

In regulation 23(1) of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 —

(a) after “on the market”, in the first place it occurs, insert “, as last amended by Commission Regulation (EU) 2018/605,”;

(b) at the end, insert “, as last corrected by a corrigendum”.

Section 35 The Water Abstraction and Impounding (Exemptions) Regulations 2017

(1) The Water Abstraction and Impounding (Exemptions) Regulations 2017 are amended as follows.

(2) In regulation 2(1)—

(a) for the definition of “the 2010 Regulations” substitute—

“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017 ;

(b) in the definition of “conservation site”—

(i) in paragraph (a), for “regulation 10(5) of the 2010 Regulations” substitute “regulation 12(5) of the 2017 Regulations”;

(ii) in paragraph (b), for “regulation 11 of the 2010 Regulations” substitute “regulation 13 of the 2017 Regulations”;

(iii) in paragraph (c), for “regulations 12A and 12B, respectively, of the 2010 Regulations” substitute “regulations 15 and 16, respectively, of the 2017 Regulations”;

(c) in the definition of “protected species”, in paragraph (a), for “regulation 40(1) of, and Schedule 2 to, the 2010 Regulations” substitute “regulation 42(1) of, and Schedule 2 to, the 2017 Regulations”.

(3) In regulation 14(1)(b), for “regulation 99(2) of the 2010 Regulations” substitute “regulation 102(2) of the 2017 Regulations”.

Section 36 The Preserved Sardines (Marketing Standards) Regulations 1990

(1) The Preserved Sardines (Marketing Standards) Regulations 1990 are amended as follows.

(2) In regulation 2(1), in the definition of “the Council Regulation”, at the end insert “and trade descriptions for preserved sardines and sardine-type products, as last amended by Commission Regulation (EC) No 1345/2008 ”.

(3) In the Schedule, after item 7 in the table insert—

Section 37 The Scotch Whisky Regulations 2009

In regulation 3(2) of the Scotch Whisky Regulations 2009 , in the definition of “Blended Malt Scotch Whisky”, for the words from “that have been distilled” to the end substitute “distilled at more than one distillery, or a blend of single malt whisky distillates produced in accordance with the requirements of paragraph (1)(a) and (b) and to which paragraph (1)(c) to (i) will subsequently apply”.

Section 38 The Beef and Veal Labelling Regulations 2010

(1) The Beef and Veal Labelling Regulations 2010 are amended as follows.

(2) In regulation 2(1)—

(a) in sub-paragraph (a), at the end insert “, as last amended by Regulation (EU) No 653/2014 of the European Parliament and of the Council ”;

(b) in sub-paragraph (c), for the words from “Part I” to “1234/2007” substitute “Part 1 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 ”;

(c) in sub-paragraph (d), at the end insert “, as last amended by Commission Implementing Regulation (EU) 565/2013 ”.

(3) In regulation 4—

(a) in paragraph (1)—

(i) omit sub-paragraphs (a)(vii) and (viii);

(ii) in sub-paragraph (c), in the words before paragraph (i), 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) in paragraph (2), for the words from “point IV(2)” to “1234/2007” substitute “point 4(2) of Part 1 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”.

Section 39 The Wine Regulations 2011

In regulation 2(2) of the Wine Regulations 2011 , in the definition of “the European Regulations”—

(a) for paragraph (a) substitute—

(a) Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,

(aa) Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products,

(b) in paragraph (b), for the words from “the Regulation” to “time,” substitute “Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products”.

Section 40 The Hops Certification Regulations 1979

(1) The Hops Certification Regulations 1979 are amended as follows.

(2) In regulation 1—

(a) for the definition of “the EU provisions” substitute—

“the EU provisions” means—

Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation EU No 1308/2013”);

Commission Regulation (EC) No 1850/2006 laying down detailed rules for the certification of hops and hop products (“ Commission Regulation (EC) No 1850/2006 ”) ;

Commission Regulation (EC) No 1295/2008 on the importation of hops from third countries (“Regulation (EC) 1295/2008 ”) ;

(b) in the definition of “hop products”, for “Article 1 of Council Regulation (EEC) No. 1696/71 ” substitute “Articles 1 and 3(1) of Regulation (EU) No 1308/2013”.

(3) In regulation 3—

(a) in paragraph (1)—

(i) in sub-paragraph (c), for the words from “either” to the end substitute “the attestation of equivalence provided for in Article 190 of Regulation (EU) No 1308/2013”;

(ii) in sub-paragraphs (d) and (e), for “Article 5(2) of Council Regulation (EEC) No. 1696/71 ” substitute “Article 190 of Regulation (EU) No 1308/2013”;

(iii) in sub-paragraph (e), for “Article 1(1)(a) of Council Regulation (EEC) No. 1784/77 ” substitute “Article 1(3)(a) of Commission Regulation (EC) No 1850/2006 ”;

(b) after paragraph (1) insert—

(1A) Paragraph (1)(c) does not apply insofar as Article 10 of Regulation (EC) 1295/2008 provides otherwise.

(4) Omit regulation 4.

(5) In regulation 6A(a), for “Article 8a(3) of Commission Regulation (EEC) No. 890/78 ” substitute “Article 12(1) of Commission Regulation (EC) No 1850/2006 ”.

(6) In regulation 7—

(a) in paragraph (1)—

(i) for the words from “article 10(a) of” to “1784/77” substitute “Article 20(1) of Commission Regulation (EC) No 1850/2006 to send to the competent certification authority referred to in Article 21 of that Regulation”;

(ii) for “the said Article 10(a)” substitute “Article 20(1)”;

(b) in paragraph (2), for the words from “by article 10(b)” to “Council Regulation” substitute “to send to the competent certification authority referred to in Article 21 of Commission Regulation (EC) No 1850/2006 ”.

(7) In regulation 9(2), for the words from “Article 5(2)” to the end substitute “Article 190 of Regulation (EU) No 1308/2013”.

Section 41 The Bovine Embryo (Collection, Production and Transfer) Regulations 1995

(1) The Bovine Embryo (Collection, Production and Transfer) Regulations 1995 are amended as follows.

(2) In regulation 1(a), after “species” insert “, as last amended by Council Directive 2008/73/EC ”.

(3) Omit regulation 2(3).

(4) In regulation 10(e)—

(a) omit “deep-frozen”;

(b) at the end insert “, as last amended by Commission Implementing Decision 2011/629/EU ”.

(5) In regulation 12(c), after “88/407/EEC” insert “, as last amended by Commission Implementing Decision 2011/629/EU ,”.

(6) In regulation 21(5)—

(a) omit sub-paragraph (b);

(b) for sub-paragraph (c) substitute—

(c) imported into—

(i) England in accordance with the provisions of the Trade in Animals and Related Products Regulations 2011 or any Regulations which they supersede;

(ii) Wales in accordance with the provisions of the Trade in Animals and Related Products (Wales) Regulations 2011 or any Regulations which they supersede;

(iii) Scotland in accordance with the provisions of the Trade in Animals and Related Products (Scotland) Regulations 2012 or any Regulations which they supersede;

Section 42 The Seeds (National Lists of Varieties) Regulations 2001

(1) The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “the Deliberate Release Directive”, for the words from “amended by” to the end substitute “last amended by Directive (EU) 2015/412 of the European Parliament and of the Council ”;

(b) in the definition of “the Equivalence Decision”, for “and amending Decision 2003/17/EC ” substitute “, as last amended by Council Regulation (EU) 517/2013 ”;

(c) in the definition of “the Food and Feed Regulation”, at the end insert “, as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council ”;

(d) for the definition of “the Novel Foods Regulation” substitute—

“the Novel Foods Regulation” means Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods ;

(e) for the definition of “the Seeds Marketing Directives” substitute—

“the Seeds Marketing Directives” means—

the Vegetable Seed Marketing Directive;

Council Directive 66/401/EEC on the marketing of fodder plant seed ;

Council Directive 66/402/EEC on the marketing of cereal seed ;

Council Directive 2002/54/EC on the marketing of beet seed ;

Council Directive 2002/56/EC on the marketing of seed potatoes ; and

Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants ;

(f) in the definition of “the Seeds Marketing Regulations”—

(i) in paragraph (a)(ii), for “the Seed Potatoes (England) Regulations 2006 ” substitute “the Seed Potatoes (England) Regulations 2015 ”;

(ii) for paragraphs (b)(i) to (v) substitute—

(i) in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing (Wales) Regulations 2012 ;

(iii) for paragraphs (d)(i) to (v) substitute—

(i) in relation to beet seed, cereal seed, fodder plant seed, oil and fibre plant seed and vegetable seed, the Seed Marketing Regulations (Northern Ireland) 2016 ;

(iv) in paragraph (d)(vi), for “the Seed Potatoes Regulations (Northern Ireland) 2010 ” substitute “the Seed Potatoes Regulations (Northern Ireland) 2016 ”;

(g) in the definition of “standard seed”—

(i) in paragraph (b), for “the Vegetable Seed (Wales) Regulations 2005 ” substitute “Part 5 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012”;

(ii) in paragraph (d), for “the Vegetable Seeds Regulations (Northern Ireland) 2009 ” substitute “Part 5 of Schedule 2 to the Seed Marketing Regulations (Northern Ireland) 2016”;

(h) in the definition of “the Vegetable Seed Marketing Directive”, for “the Food and Feed Regulation” substitute “Commission Implementing Directive (EU) 2016/317 ”.

(3) In regulation 3(2), in the words after sub-paragraph (b)—

(a) for “the Vegetable Seed (Wales) Regulations 2005” substitute “Part 5 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012”;

(b) for “the Vegetable Seeds Regulations (Northern Ireland) 2009” substitute “Part 5 of Schedule 2 to the Seed Marketing Regulations (Northern Ireland) 2016”.

(4) In regulation 5(3)(e), for the words from “or a food ingredient” to “or food ingredient” substitute “within the definition of “novel food” in Article 3(2)(a) of the Novel Foods Regulation, the food”.

(5) In regulations 14(4)(c) and 15(2)(e), for “article 2(1)” substitute “Article 2(2)(b)”.

Section 43 The Plant Breeders’ Rights (Naming and Fees) Regulations 2006

In regulation 3(2) of the Plant Breeders’ Rights (Naming and Fees) Regulations 2006 —

(a) in sub-paragraph (a)—

(i) omit “of 27 July 1994”;

(ii) for the words from “as last amended” to “29 April 2004;” substitute “, as last amended by Council Regulation (EC) No 15/2008 ,”;

(b) in sub-paragraph (b), for the words from “ Commission Regulation (EC) No 930/2000 ” to the end substitute “ Commission Regulation (EC) No 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species ”.

Section 44 The EC Fertilisers (England and Wales) Regulations 2006

In regulation 2(1) of the EC Fertilisers (England and Wales) Regulations 2006 , in the definition of “the Community Regulation”, after “fertilisers” insert “, as last amended by Commission Regulation (EU) 2016/1618 ”.

Section 45 The Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015

(1) The Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015 are amended as follows.

(2) In regulation 2(1), in the definition of “the Direct Payments Regulation”, at the end insert “, as last amended by Commission Delegated Regulation (EU) 2018/162 ”.

(3) In regulation 8—

(a) in paragraph (a), at the end insert “, as last amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council ”;

(b) in paragraph (b), at the end insert “, as last amended by Commission Delegated Regulation (EU) 2018/162”.

Section 46 Revocations

The following provisions are revoked—

(a) the Butter Subsidy (Protection of Community Arrangements) Regulations 1984 ;

(b) the Agricultural Levies (Export Control) Regulations 1988 ;

(c) the Agricultural Levies (Terms of Payment) Regulations 1990 ;

(d) regulation 3(3) and (6) of the Abolition of the Intervention Board for Agricultural Produce (Consequential Provisions) (Scotland) Regulations 2001 ;

(e) regulation 7(5) and (8) of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001 .

Section 47 The Sea Fish (Specified Manx Waters) Licensing Order 1990

In article 2 of the Sea Fish (Specified Manx Waters) Licensing Order 1990 , in the definition of “length”, for the words from “Article 2(1)” to the end substitute “Article 2(1) of Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels ”.

Section 48 The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991

In article 5 of the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991 —

(a) in paragraph (1)—

(i) omit “Subject to paragraph (2) below,”;

(ii) for the words from “Commission Regulation” to the end substitute “ Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets ”;

(b) omit paragraph (2).

Section 49 The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001

(1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 is amended as follows.

(2) In article 2(1)—

(a) in the definition of “the Council Regulation” as it extends to England and Wales, for “as last amended by Council Regulation (EC) No 973/2001 ” substitute “, as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council ”;

(b) in the definition of “the Council Regulation” as it extends to Northern Ireland, for “of 30th March 1998” to the end substitute “for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council”;

(c) for the definition of “Regulation 2108/84” substitute—

“Regulation 517/2008” means Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of the Council Regulation;

(3) In article 5—

(a) in the words before paragraph (a), for “Regulation 2108/84” substitute “Regulation 517/2008”;

(b) in paragraph (a), for the words from “Articles 2(1)” to the end substitute “Article 10 of Regulation 517/2008 shall not be used”;

(c) omit paragraph (b).

Section 50 The Shrimp Fishing Nets Order 2002

(1) The Shrimp Fishing Nets Order 2002 is amended as follows.

(2) In article 2(2), for “Commission Regulation (EEC) No. 2108/84 ” to the end substitute “ Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets”.

(3) In article 3(1)(d)—

(a) omit “of 30 March 1998”;

(b) for the words from “as last amended” to the end substitute “, as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council”.