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Statutory Instrument

The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019

Citation
S.I. 2019/463 (W.)
As at
Sections
31
Section 1Title, application and commencement

(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.

Section 2The 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 3The Bovine Semen (Wales) Regulations 2008

In regulation 17(1)(c) of the Bovine Semen (Wales) Regulations 2008 , for “articles 3(2)(a) or 3(2)(b) of the Veterinary Surgery (Blood Sampling) Order 1983 ” substitute “ articles 5(2) and 5(3) of the Veterinary Surgery (Exemptions) Order 2015 ” .

Section 4The Official Feed and Food Controls (Wales) Regulations 2009

(1) The Official Feed and Food Controls (Wales) Regulations 2009 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 ,

Section 5The Foot and Mouth Disease (Wales) Order 2006

(1) The Foot and Mouth (Wales) Order 2006 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 ” ;

(b) in the definition of “Regulation (EC) No. 1069/2009 ”, at the end insert “ , as last amended by Council Regulation (EU) 1385/2013 ” ;

(c) in the definition of “Regulation (EU) No. 142/2011”, at the end insert “ , as last amended by Commission Regulation (EU) 2017/1262 ” .

(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/EC drawing up a list of approved border inspection posts.

Section 6The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006

In article 2(2) of the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 , after “Directive 92/40/EEC ” insert “ , as last amended by Council Directive 2008/73/EC ” .

Section 7The Cattle Identification (Wales) Regulations 2007

(1) The Cattle Identification (Wales) Regulations 2007 are amended as follows.

(2) In regulation 2(1)—

(a) after the definition of “Commission Regulation (EC) No 494/98 ” 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 .

(b) in the definition of “ Regulation (EC) No 1760/2000 ” (“ Rheoliad (EC) Rhif 1760/2000 ”), at the end insert “ , as amended by Regulation (EU) 2016/429 of the European Parliament and the Council ” .

(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 ” .

Section 8The Zoonoses (Monitoring) (Wales) Regulations 2007

In regulation 6(2) of the Zoonoses (Monitoring) (Wales) Regulations 2007 , for “the Poultry Breeding Flocks and Hatcheries (Wales) Order 2007 ” substitute “ the Control of Salmonella in Poultry (Wales) Order 2008 ” .

Section 9The Welfare of Farmed Animals (Wales) Regulations 2007

In Schedule 5A to the Welfare of Farmed Animals (Wales) Regulations 2007 , in paragraph 1 of Part 1—

(a) in the definition of “ Regulation 853/2004 ” (“ Rheoliad 853/2004 ”), at the end insert “ , as last amended by Commission Regulation (EU) 2017/1981 of 31 October 2017 ” ;

(b) in the definition of “ Regulation 854/2004 ” (“ Rheoliad 854/2004 ”), at the end insert “ , as last amended by Commission Regulation (EU) 2015/2285 of 8 December 2015 ” .

Section 10The Control of Salmonella in Poultry (Wales) Order 2008

In article 3 of the Control of Salmonella in Poultry (Wales) Order 2008 , before paragraph (a), insert —

(za) Regulation (EC) No 2160/2003 ;

Section 11The Control of Salmonella in Turkey Flocks (Wales) Order 2010

In article 3 of the Control of Salmonella in Turkey Flocks (Wales) Order 2010 , before paragraph (a), insert —

(za) Regulation (EU) No 1190/2012;

Section 12The Trade in Animals and Related Products (Wales) Regulations 2011

(1) The Trade in Animal and Related Products Regulations (Wales) Regulations 2011 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 ” .

(3) In regulation 9, after “2007/275/EC”, insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 ” .

(4) In regulation 10(a) after “countries” insert “ , as last amended by Commission Implementing Regulation (EU) No 494/2014 ” .

(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 ” .

(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 1069/2009 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

(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 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/EEC ” insert “ , as last amended by Regulation (EU) 2016/1012 ” .

(12) In Schedule 2—

(a) in Part 1, after paragraph 7 insert —

Interpretation

(8) In this part—

“Council Directive 64/432/EEC ” ( “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 ;

“Council Directive 91/68/EEC ” ( “Cyfarwyddeb y Cyngor 91/68/EEC ” ) means Council Directive 91/68/EEC on animal health conditions governing intra-community trade in ovine and caprine animals, as last amended by Commission Implementing Decision (EU) 2016/2002 .

(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. ” .

Section 13The African Horse Sickness (Wales) Regulations 2013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 14The Animal By-Products (Enforcement) (Wales) Regulations 2014

In Schedule 1 of the Animal By-Products (Enforcement) (Wales) Regulations 2014 , in entry 17 of the table, in the third column, omit “and 36(1)”.

Section 15The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013

(1) The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 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 ” .

Section 16The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996

(1) The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996 are amended as follows.

(2) In regulation 1(3)—

(a) after the definition of “the Act” omit “and”;

(b) in the definition of “the Contained Use Regulations”, for “the Genetically Modified Organisms (Contained Use) Regulations 2000 ” substitute “ the Genetically Modified Organisms (Contained Use) Regulations 2014 ” .

(3) In regulation 3(2)—

(a) in sub- paragraph (b)(ii) for “regulation 3(2)” substitute “ regulation 3(1) ” ;

(b) in sub-paragraph (d) for “the Genetically Modified Organisms (Deliberate Release) Regulations 1992 ” substitute “ the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ” .

Section 17The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 18The Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005

In regulation 2(1) of the Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005 , 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 ” .

Section 19The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

In paragraph 7 of Schedule 2 to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 , 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 ;

Section 20The Air Quality Standards (Wales) Regulations 2010

In regulation 14 of the Air Quality Standards (Wales) Regulations 2010 —

(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”.

Section 21The Fishery Products (Official Controls Charges) (Wales) Regulations 2007

In regulation 2(1) of the Fishery Products (Official Controls Charges) (Wales) Regulations 2007 , 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 ” .

Section 22The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008

In regulation 2(1) of the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008 , 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 ” .

Section 23The Drinking Milk (Wales) Regulations 2010

In regulation 2(1) of the Drinking Milk (Wales) Regulations 2010 , 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 ” .

Section 24The Eggs and Chicks (Wales) Regulations 2010

(1) The Eggs and Chicks (Wales) Regulations 2010 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 ” .

Section 25The Poultrymeat (Wales) Regulations 2011

In regulation 2(1) of the Poultrymeat (Wales) Regulations 2011 , 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 ” .

Section 26The Marketing of Ornamental Plant Propagating Material Regulations 1999

(1) The Marketing of Ornamental Plant Propagating Material Regulations 1999 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 ” .

(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 ” .

Section 27The Plant Health (Wales) Order 2018

In Part A of Schedule 9 to the Plant Health (Wales) Order 2018 , 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/EC ;

Section 28The Prohibition of Fishing with Multiple Trawls (Wales) Order 2003

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 ;”

Section 29The Private Water Supplies (Wales) Regulations 2017

(1) The Private Water Supplies (Wales) Regulations 2017 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 ; or

Section 30The Water Supply (Water Quality) Regulations 2018

(1) The Water Supply (Water Quality) Regulations 2018 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.

Section 31Miscellaneous revocations

The following are revoked—

(a) the Fish Producers' Organisations (Formation Grants) Regulations 1999 ;

(b) the Agricultural Subsidies (Appeals) (Wales) Regulations 2001 ;

(c) the Fisheries and Aquaculture Structures (Grants) (Wales) Regulations 2002 ;

(d) the Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014 .

31 sections

Cite this legislation

The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2019-463

Contains public sector information licensed under the Open Government Licence v3.0.

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