The Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014

Citation and commencement

1.  These Regulations may be cited as The Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014 and come into operation on the 21^st March 2014.

Amendments to the Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010

2.—(1) The Beef and Pig Carcase Classification Regulations (Northern Ireland) 2010(1) are amended as follows.

(2) In regulation 2(1) (interpretation) omit the definition of “Council Regulation” and after the definition of “prescribed communications” insert the following definition—

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council adopted on the 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) substitute “Council Regulation” with “Regulation (EU) 2013”.

(4) In regulation 2(4)(b) substitute “Council Regulation” with “Regulation (EU) 2013”.

(5) 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”.

(6) 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 Regulations (Northern Ireland) 2010

3.—(1) The Beef and Veal Labelling Regulations (Northern Ireland) 2010(2) are amended as follows.

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

(a) omit the definition of “Council Regulation 1234/2007”;

(b) after the definition of “Regulation 1760/2000” insert—

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council adopted on the 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 (competent authority), for the words “Article 113b of and Annex Xia to, Council Regulation 1234/2007)” substitute—

“Article 78 of, and Part I of Annex VII to, Regulation (EU) 2013;”.

(4) In regulation 5 (offences)—

(a) for paragraph (1)(c) substitute—

“(c) the following provisions of the Regulation (EU) 2013—

(i) Article 78 and paragraph II of Part I of Annex VII (classification of bovine animals aged less than 12 months 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).”.

(b) in paragraph (2), for “paragraph IV(2) of Annex XIa to Council Regulation (EC) No.1234/2007” substitute “paragraph IV(2) of Part I of Annex VII to Regulation (EU) 2013,”.

Amendments to the Drinking Milk Regulations (Northern Ireland) 2008

4.—(1) The Drinking Milk Regulations (Northern Ireland) 2008(3) are amended as follows.

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

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

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

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

““Part IV” means Part IV of Annex VII to Regulation (EU) No 1308/2013 adopted on the 16 December 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.”

(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 (importation of products from outside the European Community for sale as drinking milk).

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

Amendments to the Eggs and Chicks Regulations (Northern Ireland) 2010

5.—(1) The Eggs and Chicks Regulations (Northern Ireland) 2010(4) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “Regulation (EC) No 2160/2003” insert the following definition—

““Regulation (EU) 2013” means the Regulation (EU) No 1308/2013 of the European Parliament and of the Council adopted on the 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) for “Part C of Annex XIV to the Single CMO Regulation” substitute “Part VI of Annex VII to Regulation (EU) 2013”.

(4) In regulation 2(4) (interpretation) for “Part A of Annex XIV to the Single CMO Regulation” substitute “Part VI of Annex VII to Regulation (EU) 2013”.

(5) In regulation 2(6)(a) (interpretation) after “Single CMO Regulation insert “or Regulation (EU) 2013”.

(6) In regulation 2(7)(a) (interpretation) after “Single CMO Regulation insert “or Regulation (EU) 2013”.

(7) In regulation 7 (application of this Part)—

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

(b) in paragraph (2)(b) for “point III(3) of Part A of Annex XIV to the Single CMO Regulation, to the sale of eggs to which point 1(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 1(1) of Part VI of Annex VII”.

(8) In regulation 10(1) (derogations relating to the marking of eggs) for “the second sub-paragraph of point III(1) of Part A of Annex XIV to the Single CMO Regulation”, substitute “Part VI of Annex VII to Regulation (EU) 2013”.

(9) In regulation 10(2) (derogations relating to the marking of eggs) for “the first sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation”, substitute “Part VI of Annex VII to Regulation (EU) 2013”.

(10) In Schedule 1 (European provisions relating to eggs for hatching and chicks contravention of which is an offence), in Part 1 (provisions of the Single CMO Regulation)—

(a) in the heading 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”.

(11) In Schedule 2 (general European 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”;

(c) in column 2 of the table in Schedule 3 (European 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 Food Labelling Regulations (Northern Ireland) 1996

6.—(1) The Food Labelling Regulations (Northern Ireland) 1996(5) are amended as follows.

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

(a) omit the definition of “Council Regulation 1234/2007”;

(b) for the definition of “grape must” substitute—

““grape must” has the meaning given by point (10) of Part II of Annex VII to Regulation (EU) 2013;”

(c) for the definition of “liqueur wine” substitute—

““liqueur wine” has the meaning given in point (3) of Part II of Annex VII to Regulation (EU) 2013;”

(d) in the definition of “raw milk” for “point III(1) of Annex XIII to Council Regulation 1234/2007” substitute “point III(1)(a) of Part IV of Annex VII to Regulation (EU) 2013”;

(e) after the definition of “Regulation 1334/2008 on raw milk” insert the following definition—

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 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, as amended from time to time;”;

(f) in the definition of “semi-skimmed milk” for “point III(1) of Annex XIII to Council Regulation 1234/2007” substitute “point III(1)(c) of Part IV of Annex VII to Regulation (EU) 2013”;

(g) in the definition of “skimmed milk” for “point III(1) of Annex XIII to Council Regulation 1234/2007” substitute “point III(1)(d) of Part IV of Annex VII to Regulation (EU) 2013”:

(h) in the definition of “sparkling wine” for “points” to the end substitute “points (4) to (9) of Part II of Annex VII to Regulation (EU) 2013”;

(i) in the definition of “whole milk” for “point III(1) of Annex XIII to Council Regulation 1234/2007” substitute “point III(1)(b) of Part IV of Annex VII to Regulation (EU) 2013”;

(j) in the definition of “wine” for “point” to the end substitute “point (1) of Part II of Annex VII to Regulation (EU) 2013;”.

(3) In regulation 43(1) and (2) (the word “wine”) for “point” to the end, substitute “point (1) of Part II of Annex VII to Regulation (EU) 2013”.

(4) In Schedule 3 (generic names in lists of ingredients), part 1 (general), in the last entry in column 2 for “Council Regulation No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “Regulation (EU) 2013”.

Amendments to the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010

7.—(1) The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010(6) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) in the definition of “Community marketing rules” 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”;

(ii) omit the definition of “Council Regulation 1234/2007”;

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

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

(v) in the definition of “specific marketing standards” for “Article 113(1)(b) of Council Regulation 1234/2007” substitute “Article 76(1) of Regulation (EU) 2013”;

(vi) after the definition of “stop notice labels” insert—

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 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, as amended from time to time;”;

(b) in paragraph 2 for “Council Regulation 1234/2007” substitute “Regulation (EU) 2013”.

Amendments to the Milk and Milk Products (Pupils in Educational Establishments) Regulations (Northern Ireland) 2008

8.—(1) The Milk and Milk Products (Pupils in Educational Establishments) Regulations (Northern Ireland) 2008(7) are amended as follows.

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

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

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

(c) after the definition of “national aid” insert the following definition—

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 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, as amended from time to time;”.

(3) In regulation 3(1) (payment of national aid) for “Article 102(2) of Council Regulation 1234/2007” substitute “Article 217 of Regulation (EU) 2013”.

Amendments to the Poultrymeat Regulations (Northern Ireland) 2011

9.—(1) The Poultrymeat Regulations (Northern Ireland) 2011(8) are amended as follows.

(2) In regulation 1(2) (citation, commencement and application)—

(a) for “point I(1) of Part B of Annex XIV to the Single CMO Regulation” substitute “point 1 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 that Regulation”.

(3) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) in the definition of “European poultry provision” after “Single CMO Regulation” insert “or Regulation (EU) 2013”;

(ii) for the definition of “poultrymeat” substitute ““poultrymeat” has the meaning given by point II(1) of Part V of Annex VII to Regulation (EU) 2013;”;

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

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council adopted on the 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 (3) after “Single CMO Regulation” insert “or Regulation (EU) 2013”.

(4) In regulation 12(13) (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 “CMO Regulation” insert “or Regulation (EU) 2013”

(b) in the heading in column 1 of the table substitute “Relevant provision of the Single CMO Regulation 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 the 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) Regulations (Northern Ireland) 2008

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

(2) In regulation 2 (interpretation)—

(a) In paragraph (1), after the definition of “the Order”, insert—

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 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, 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)—

(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 Regulation (EU) 2013”;

(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”.

Amendments to the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989

11.—(1) The Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989(10) is amended as follows:

(2) In column 2 of the table in Schedule A1—

(a) in relation to the entry for “still wine”, for “point 1 of Annex XIb to Council Regulation No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “point(1) of Part II of Annex VII to Regulation (EU) No 1308/2013 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, as amended from time to time”;

(b) in relation to the entry for “sparkling wine”, for “points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “points (4) to (9) of Part II of Annex VII to Regulation (EU) No 1308/2013 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, as amended from time to time”;

(c) in relation to the entry for “liqueur wine”, for “point 3 of Annex XIb to Council Regulation No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “point (3) of Part II of Annex VII to Regulation (EU) No 1308/2013 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, as amended from time to time”.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 19^th March 2014.

(L.S.)

Colette McMaster

A senior officer of the Department of Agriculture and Rural Development