The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013

• Citation: S.I. 2013/3270 (W.)
• Sections: 9

Section 1 Title, application and commencement

These Regulations

(a) are entitled the Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013

(b) apply in relation to Wales; and

(c) come into force on the 1 January 2014.

Section 2 Amendments to the Beef and Pig Carcase Classification (Wales) Regulations 2011

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Section 3 Amendments to the Beef and Veal Labelling (Wales) Regulations 2011

(1) The Beef and Veal Labelling (Wales) Regulations 2011 are amended as follows.

(2) For regulation 2(1)(c) (competent authority) substitute—

(c) Article 78 of, and Part I of Annex VII to, the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time;

(3) For regulation 4(1)(c) (offences under European legislation) substitute—

(c) The following provisions of the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time—

(i) i)Article 78 and paragraph II of Part I of Annex VII (classification at the slaughterhouse);

(ii) Article 78 and paragraph III of Part I of Annex VII (sales descriptions);

(iii) Article 78 and paragraph IV of Part I of Annex VII (compulsory indication on the label);

(iv) Article 78 and paragraph V of Part I of Annex VII (recording).

(4) In regulation 4(2) (required information in relation to un-prepacked meat) for “paragraph IV(2) of Annex XIa to Council Regulation (EC) No 1234/2007 ” substitute “ point IV(2) of Part I of Annex VII to the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time ” .

Section 4 Amendments to the Drinking Milk (Wales) Regulations 2010

(1) The Drinking Milk (Wales) Regulations 2010 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “ the Annex ” (“ yr Atodiad ”);

(b) in the definitions of “ drinking milk ” (“ llaeth yfed ”) and “ milk ” (“ llaeth ”) for “the Annex” substitute “ Part IV ” ;

(c) after the definition of “milk” insert—

“ Part IV ” (“ Rhan IV ”) means Part IV of Annex VII to the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time.

(3) In regulation 2(2) (interpretation) after “Council Regulation”, in each place it occurs, insert “ or Part IV ” .

(4) Omit regulation 2(3) (interpretation).

(5) In regulation 3 (sale or delivery of milk and use of sales description) for “the Annex as read with point III of the Annex” substitute “ Part IV as read with point III of Part IV ” .

(6) Omit regulation 4 (imports of products from outside the EU for sale as drinking milk).

(7) In regulation 5(3) (enforcement) for “the Annex” substitute “ Part IV ” .

(8) In regulation 6 (offences and penalties) omit “or 4”.

Section 5 Amendments to the Eggs and Chicks (Wales) Regulations 2010

(1) The Eggs and Chicks (Wales) Regulations 2010 are amended as follows.

(2) In regulation 3(1) (interpretation) after the definition of “Regulation 2160/2003” insert—

“ Regulation (EU) 2013 ” (“ Rheoliad (EU) 2013 ”) means the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time;

(3) In regulation 3(3) (interpretation) for “Part A of Annex XIV to the Single CMO Regulation” substitute “ Part VI of Annex VII to Regulation (EU) 2013 ” .

(4) In regulation 3(5)(a) and (6)(a) (interpretation) after “Single CMO Regulation” insert “ or Regulation (EU) 2013 ” .

(5) In regulation 8 (application of Part 3)—

(a) in paragraphs (1) and (2)(a) for “Part A of Annex XIV to the Single CMO”, substitute “ Part VI of Annex VII to Regulation (EU) 2013 ” ; and

(b) in paragraph (2)(b) for “Part A of Annex XIV to the Single CMO Regulation, to the sale of eggs to which point I(1) of Part A of Annex XIV” substitute “ Part VI of Annex VII to Regulation (EU) 2013, to the sale of eggs to which point I(1) of Part VI of Annex VII ” .

(6) In regulation 11(1) and (2) (derogations relating to the marking of eggs) for “Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “ Part VI of Annex VII to Regulation (EU) 2013 ” .

(7) In Part 1 of Schedule 1 (EU provisions relating to eggs for hatching and chicks contravention of which is an offence)—

(a) in the heading under “Part 1” insert at the end “ or Regulation (EU) 2013 ” ;

(b) in the headings to columns 1 and 2 after “Regulation” insert “ or Regulation (EU) 2013 ” ;

(c) in column 1 for “Article 113(3), first sub-paragraph” substitute “ Article 74 of Regulation (EU) 2013 ” ;

(d) in column 1 after “Annex XIV”, in each place it occurs, insert “ to the Single CMO Regulation ” .

(8) In Schedule 2 (general EU provisions relating to eggs in shells for consumption contravention of which is an offence)–—

(a) for Part 1 (provisions of the Single CMO Regulation) substitute—

PROVISIONS OF REGULATION (EU) 2013

(b) in the table in Part 2 (provisions of Commission Regulation (EC) 589/2008 )—

(i) in column 2 for “point II(1) of Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “ point II(1) of Part VI of Annex VII to Regulation (EU) 2013 ” ;

(ii) in column 2 for “Point II(2) of Part A of Annex XIV to the Single CMO Regulation” substitute “ Point II(2) of Part VI of Annex VII to Regulation (EU) 2013 ” ;

(iii) in column 2 for “point III(1) of Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “ point III(2) of Part VI of Annex VII to Regulation (EU) 2013 ” ;

(iv) in relation to the entry for Article 30(3) in column 2 omit “point IV(3) of Part A of Annex XIV”;

(9) in column 2 of the table in Schedule 3 (Community salmonella related controls on eggs in shell for consumption contravention of which is an offence) for “Articles 113(3) and 116 of, and Part A of Annex XIV to, the Single CMO Regulation” substitute “ Article 74 and Part VI of Annex VII to Regulation (EU) 2013 ” .

Section 6 Amendments to the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009

(1) The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009 are amended as follows.

(2) In regulation 2(2) (interpretation)—

(a) in the definition of “ EU marketing rules ” (“ rheolau marchnata'r UE ”) for “Council Regulation 1234/2007, and includes the rules relating to those standards contained in Articles 113 and 113a of Council Regulation 1234/2007” substitute “ Regulation (EU) 2013, and includes the rules relating to those standards contained in Articles 74, 75 and 76 ” of Regulation (EU) 2013;

(b) omit the definition of “ Council Regulation 1234/2007 ” (“ Rheoliad y Cyngor 1234/2007 ”);

(c) in the definition of “ general marketing standard ” (“ safon farchnata gyffredinol ”) for “Article 113a(1) of Regulation 1234/2007” substitute “ Article 76(1) of Regulation (EU) 2013 ” ;

(d) in the definition of “ horticultural produce ” (“ cynnyrch garddwriaethol ”) for “The Council Regulation 1234/2007” substitute “ Regulation (EU) 2013 ” ;

(e) after the definition of “ re-graded label ” (“ label ailraddio ”) insert the following definition—

“ Regulation (EU) 2013 ” (“ Rheoliad (EU) 2013 ”) means the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time;

(f) in the definition of “ specific marketing standards ” (“ safonau marchnata penodol ”) for “Article 113(1)(b) of Council Regulation 1234/2007” substitute “ Article 75(1)(b) of Regulation (EU) 2013 ” .

(3) In regulation 2(3) (interpretation) for “Council Regulation 1234/2007” substitute “ Regulation (EU) 2013 ” .

Section 7 Amendments to the School Milk (Wales) Regulations 2008

(1) The School Milk (Wales) Regulations 2008 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “ Community aid ” (“ cymorth Cymunedol ”) for “Article 102(1) of Council Regulation 1234/2007” substitute “ Article 26(1) of Regulation (EU) 2013 ” ;

(b) omit the definition of “ Council Regulation ” (“ Rheoliad y Cyngor ”);

(c) in the definition of “ national aid ” (“ cymorth gwladol ”) for “Article 102(2) of the Council Regulation” substitute “ Article 217 of Regulation (EU) 2013 ” .

(d) after the definition of “ national aid ” (“ cymorth gwladol ”) insert the following definition—

“ Regulation (EU) 2013 ” means the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time;

Section 8 Amendments to the Poultrymeat (Wales) Regulations 2011

(1) The Poultrymeat (Wales) Regulations 2011 are amended as follows.

(2) In regulation 1(3) (application of Regulations to poultrymeat)—

(a) for “point I(1) of Part B of Annex XIV to the Single CMO Regulation” substitute “ point I of Part V of Annex VII to Regulation (EU) 2013 ” ; and

(b) for “that Part of that Annex to that Regulation” substitute “ Part B of Annex XIV to the Single CMO Regulation ” .

(3) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) in the definition of “ European poultrymeat provision ” (“ darpariaeth cig dofednod Ewropeaidd ”) after “Single CMO Regulation” insert “ or Regulation (EU) 2013 ” ;

(ii) for the definition of “ poultrymeat ” (“ cig dofednod ”) substitute—

“ poultrymeat ” (“ cig dofednod ”) has the meaning given by point II(1) of Part V of Annex VII to Regulation (EU) 2013;

(iii) after the definition of “ premises ” (“ mangre ”) insert the following definition—

“ Regulation (EU) 2013 ” (“ Rheoliad (EU) 2013 ”) means “the Regulation (EU) 2013 of the European Parliament and of the Council 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 1234/2007 , as amended from time to time;

(b) in paragraph (3) after “Single CMO Regulation” insert “ or Regulation (EU) 2013 ” .

(4) In regulation 12 (powers of an authorised officer) for “Single CMO Regulation” substitute “ Regulation (EU) 2013 ” .

(5) In Part 1 of Schedule 1 (European poultrymeat provisions – compliance notices)—

(a) in the heading under Part 1 after “Single CMO Regulation” insert “ or Regulation (EU) 2013 ”

(b) for the heading in column 1 of the table substitute “ Relevant provision of the Single CMO or Regulation (EU) 2013 ” ;

(c) in the heading in column 2 of the table after “Single CMO Regulation” insert “ or Regulation (EU) 2013 ” ;

(d) in column 1 of the table for “Article 113(3), first sub-paragraph” substitute “ Article 74 of Regulation (EU) 2013 ” ;

(e) in column 2 of the table for “Article 116 of, and Part B of Annex XIV to the Single CMO Regulation” substitute “ Article 116 and Part B(I)(2) and (3) and (III)(1) of Annex XIV to the Single CMO Regulation and Part V of Annex VII to Regulation (EU) 2013 ” ;

(f) in column 3 of the table for “Part B of Annex XIV to the Single CMO Regulation” substitute “ Part B(I)(2) and (3) and (III)(I) of Annex XIV to the Single CMO Regulation and Part V of Annex VII to Regulation (EU) 2013 ” ;

(g) in column 1 of the table after “point III(1) of Part B of Annex XIV” insert “ to the Single CMO Regulation ” ;

(h) in column 1 of the table for “point III(2) of Part B of Annex XIV” substitute “ point III of Part V of Annex VII to Regulation (EU) 2013 ” ; and

(i) in column 2 of the table for “Part B of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “ Part V of Annex VII to Regulation (EU) 2013 ” .

(6) In Part 2 of Schedule 1 (provisions of the Commission Regulation)—

(a) in column 2 for “Points III(1) and (2) of Part B of Annex XIV to the Single CMO Regulation” substitute “ Point III(1) of Part B of Annex XIV to the Single CMO Regulation and point III of Part V of Annex VII to Regulation (EU) 2013 ” ; and

(b) for “Point II(3) of Part B of Annex XIV to the Single CMO Regulation” substitute “ Point II(3) of Part V of Annex VII to Regulation (EU) 2013 ” .

Section 9 Amendments to the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations)(Wales) Regulations 2008

(1) The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) In paragraph (1), after the definition of “ food authority ” (“ awdurdod bwyd ”), insert—

“ Regulation (EU) 2013 ” (“ Rheoliad (EU) 2013 ”) means “the Regulation of the European Parliament and of the Council adopted on 16 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 1234/2007 , as amended from time to time

(b) in paragraph (2) after “Council Regulation”, in each place it occurs, insert “ , Regulation (EU) 2013 ” .

(3) In regulation 6(2) (offences and penalty for breach of any EU provision)—

(a) in sub-paragraph (a) for “Annex XII to that Regulation” substitute “ Part III of Annex VII to Regulation (EU) 2013 ” ;

(b) for sub-paragraph (b)(i) substitute “ (i) points 1,3,5 and 6 of Part II and point 2 of Part IV of Annex XV to the Council Regulation ” ;

(c) insert after sub-paragraph (b) “ (ba) Articles 75(1)(h) and 78(1) and (2) of Regulation (EU) 2013 (definitions, designations and sales descriptions applying to spreadable fats) as read with Part VII of Annex VII to that Regulation ” .