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

Welsh Statutory Instruments

2013 No. 3270 (W. 320)

Agriculture, Wales

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

Made

27 December 2013

Laid before the National Assembly for Wales

31 December 2013

Coming into force

1 January 2014

The Welsh Ministers, are designated for the purposes of making regulations under section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) in relation to the common agricultural policy of the European Union(2), and they make the following Regulations in exercise of the powers conferred by that section.

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 in these Regulations 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, to be construed as references to that Regulation as amended from time to time(3).

Title, application and commencement

1.  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.

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

2.—(1) The Beef and Pig Carcase Classification (Wales) Regulations 2011(4) are amended as follows.

(2) In regulation 2(1) (interpretation) omit the definition of “Council Regulation” (“Rheoliad y Cyngor”) and after the definition of “prescribed communication” (“cyfathrebiadrhagnodedig ”) 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;”.

(3) In regulation 2(3) (interpretation) omit sub-paragraph (b).

(4) In Part 1 of Schedule 1 (European provisions: bovine carcases)—

(a) in column 1 of the table for “Council Regulation” substitute “Regulation (EU) 2013”;

(b) In column 2 of the table for “Annex V”, in each place it occurs, substitute “Annex IV”.

(5) In the table in Schedule 2 (European provisions: pig carcases)—

(a) in column 1 for “Council Regulation” substitute “Regulation (EU) 2013”;

(b) in column 2 for “Annex V”, in each place it occurs, substitute “Annex IV”.

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

3.—(1) The Beef and Veal Labelling (Wales) Regulations 2011(5) 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) 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”.

Amendments to the Drinking Milk (Wales) Regulations 2010

4.—(1) The Drinking Milk (Wales) Regulations 2010(6) 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” (“llaethyfed”) 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”.

Amendments to the Eggs and Chicks (Wales) Regulations 2010

5.—(1) The Eggs and Chicks (Wales) Regulations 2010(7) 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—

“PART 1 PROVISIONS OF REGULATION (EU) 2013

Column 1	Column 2	Column 3
Relevant provision of Regulation (EU) 2013	Provisions to be read with the provisions of Regulation (EU) 2013 mentioned in column 1	Subject matter
Article 74 insofar as it relates to the marketing of eggs	Part VI of Annex VII to Regulation (EU) 2013 and Commission Regulation (EC) No. 589/2008	Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part VI of Annex VII to Regulation (EU) 2013 and Commission Regulation (EC) No. 589/2008.
Point II(1) of Part VI of Annex VII	Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008	Quality grading of eggs as Class A (or fresh) or Class B eggs.
Point II(2) of Part VI of Annex VII	Article 4(1) of Commission Regulation (EC) No. 589/2008	Weight grading of Class A eggs.
Point II(3) of Part VI of Annex VII		Prohibition on the delivery of Class B eggs except to the food and non-food industry.
Point III(1) of Part VI of Annex VII, first sub-paragraph	Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008	Marking of Class A eggs.
Point III(1) of Part VI of Annex VII, second sub-paragraph	Articles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008, paragraphs (a) and (b) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 11(1)	Marking of Class B eggs.
Point III(2) of Part VI of Annex VII	Point III(1) of Part VI of Annex VII to Regulation (EU) 2013	Place at which eggs are marked.
Point III(3) of Part VI of Annex VII, first sub-paragraph	Point III(1) of Part VI of Annex VII and the second sub-paragraph of point III(3) of Part VI of Annex VII to Regulation (EU) 2013 and regulation 11(2)	Marking of eggs sold by a producer to the final consumer at a local public market.
Articles 75(2) and (3) of Regulation (EU) 2013	Article 30(2) of Commission Regulation (EC) No. 589/2008	Marking of eggs imported from a third country where the rules applied in relation to those eggs in that country have been found to offer sufficient guarantees as to equivalence with EU legislation
Articles 75(2) and (3) of Regulation (EU) 2013	Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008	Marking of eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with EU legislation have not been provided.”

(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”.

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

6.—(1) The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009(8) 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”.

Amendments to the School Milk (Wales) Regulations 2008

7.—(1) The School Milk (Wales) Regulations 2008 (9) 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” (“cymorthgwladol”) 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;”.

Amendments to the Poultrymeat (Wales) Regulations 2011

8.—(1) The Poultrymeat (Wales) Regulations 2011(10) 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;”and

(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”.

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

9.—(1) The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008(11) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) In paragraph (1), after the definition of “food authority” (“awdurdodbwyd”), 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”.

Alun Davies

Minister for Natural Resources and Food, one of the Welsh Ministers

27 December 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, amend a number of Regulations consequential upon the Regulation (EU) 2013 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 (“Regulation (EU) 2013”). Regulation (EU) 2013 repeals (subject to transitional and final provisions set out in Article 230) the earlier Single Common Market Organisation - Council Regulation (EC) No 1234/2007 of 22 October 2007 (“Council Regulation 2007”) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products. The transitional provisions set out in Article 230 provide for certain Articles in Council Regulation 2007 to continue to apply until corresponding marketing rules made under Regulation (EU) 2013 (“corresponding marketing rules”) come into force.

The following Regulations are amended—

(a) The Beef and Pig Carcase Classification (Wales) Regulations 2011 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 2).

(b) The Beef and Veal Labelling (Wales) Regulations 2011 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 3).

(c) The Drinking Milk (Wales) Regulations 2010 make provision for the enforcement of Article 114 (2) of Council Regulation 2007 (marketing standards for milk and milk products). Article 230(1)(c) provides that Article 114 is to continue to apply until the corresponding marketing rules come into force. The 2010 Regulations are amended to replace the reference in regulation 3 (sale or delivery of milk and use of sales description) to Annex XIII to Council Regulation 2007 with Part IV of Annex VII (milk for human consumption) to Regulation (EU) 2013 (regulation 4).

(d) The Eggs and Chicks (Wales) Regulations 2010 make provision for the enforcement of EU marketing standards relating to eggs for hatching, poultry chicks and eggs in shell for consumption. Article 230(1)(c) provides that Article 116 of, and certain parts of Annex XIV to, Council Regulation 2007 are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2010 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 5).

(e) The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 6).

(f) The School Milk (Wales) Regulations 2008 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 7).

(g) The Poultrymeat (Wales) Regulations 2011 make provision for the enforcement of marketing standards relating to poultrymeat. Article 116 of, and certain parts of Annex XIV to, Council Regulation 2007 are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2011 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 8).

(h) The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008 create offences of failing to comply with provisions in Council Regulation 2007 relating to marketing standards for fats and descriptions of milk and milk products (Articles 115 and 114 respectively). Article 230 (1)(c) of Regulation (EU) 2013 provides that Articles 114 and 115 of, and certain parts of Annex XIV to, Council Regulation 2007 are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2008 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 9).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

1972 c. 68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.

(2)

S.I.2010/2690

(3)

O.J. L 347, 20.12.2013, p. 671.

(4)

S.I. 2011/1826 (W. 198); as amended by 2012/948 (W. 125).

(5)

S.I. 2011/991 (W. 145).

(6)

S.I. 2010/1492 (W.135).

(7)

S.I. 2010/1671 (W. 158).

(8)

S.I. 2009/1551 (W. 151); as amended by 2011/2486 (W. 270).

(9)

S.I. 2008/2141 (W.190); as amended by 2009/108 (W. 21).

(10)

S.I. 2011/1719 (W. 195)

(11)

S.I. 2008/1341 (W. 141).