The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019

Amendments to the Official Feed and Food Controls (Scotland) Regulations 2009

7.—(1) The Official Feed and Food Controls (Scotland) Regulations 2009(1) are amended in accordance with paragraphs (2) to (26).

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) in the definition of “competent authority”, for “Regulation 882/2004” substitute “Regulation 2017/625(2)”,

(ii) for the definition that begins “Directive 2004/41” substitute—

““Decision 2007/275(3)”, “Directive 2004/41(4)”, “Regulation 999/2001(5)”, “Regulation 178/2002(6)”, “Regulation 852/2004(7)”, “Regulation 853/2004(8)”, “Regulation 1688/2005(9)”, “Regulation 2073/2005(10)”, “Regulation 2074/2005(11)”, “Regulation 2017/185(12)”, “Regulation 2017/625”, “Regulation 2018/329(13)”, “Regulation 2019/66(14)”, “Regulation 2019/530(15)”, “Regulation 2019/626(16)”, “Regulation 2019/627”, “Regulation 2019/628(17)”, “Regulation 2019/723(18)”, “Regulation 2019/1013(19)”, “Regulation 2019/1014(20)”, “Regulation 2019/1715(21)”, “Regulation 2019/1793(22)”, “Regulation 2019/1873(23)”, “Regulation 2018/631(24)”, “Regulation 2019/478(25)”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012(26)”, “Regulation 2019/1081(27)”, “Regulation 2019/1602(28)” and “Regulation 2019/1666(29)” have the meanings respectively given to them in schedule 1”,

(iii) for the definition of “the Import Provisions” substitute—

““the Import Provisions” means Part 3 of these Regulations, Title II, Chapter V of Regulation 2017/625 and the Regulation 2017/625 package insofar as they apply to product as defined in regulation 22, ”,

(iv) in the definition of “the Official Control Regulations” for “Regulation 882/2004” substitute “Regulation 2017/625 and the Regulation 2017/625 package,”, and

(v) after the definition of “primary production” insert—

““the Regulation 2017/625 package” means “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”,”, and

(b) in paragraph (3), for “Regulation 882/2004 or Regulation 669/2009” substitute “Regulation 2017/625 or any of the EU Regulations in the Regulation 2017/625 package” in both places where it occurs.

(3) In regulation 3 (competent authorities)—

(a) in paragraphs (1) and (3) for “Regulation 882/2004” substitute “Regulation 2017/625”,

(b) omit paragraph (5), and

(c) paragraph (6) becomes paragraph (5) and in that new paragraph—

(i) for “Article 31(2) of Regulation 882/2004” substitute “Article 148(1) to (4) of Regulation 2017/625”, and

(ii) omit “, as regards Article 31(2)(a) to (e),”.

(4) In regulation 4 (exchanging and providing information)in paragraphs (1) and (5) for “Regulation 882/2004” substitute “Regulation 2017/625”.

(5) In regulation 5 (obtaining information)—

(a) in paragraph (1) for “Regulation 882/2004” substitute “Regulation 2017/625”, and

(b) in paragraphs (1) and (4) for “control body” substitute “delegated body” in each place where it occurs.

(6) In regulation 6 (power to issue codes of recommended practice)in paragraphs (1)(a) and (3) for “Regulation 882/2004” substitute “Regulation 2017/625”.

(7) In regulation 12 (right of appeal), in paragraph (1)—

(a) in sub-paragraph (a), for “Article 31(2)(c) of Regulation 882/2004 (approval)” substitute “Article 148(3) of Regulation 2017/625”,

(b) in sub-paragraph (b), for “Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval)” substitute “Article 148(4) of Regulation 2017/625”, and

(c) in sub-paragraph (c), for “Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval)” substitute “Article 138(2)(j) of Regulation 2017/625 (review of approval)”.

(8) In regulation 14 (staff of competent authority of another member State), for “Article 36 of Regulation 882/2004” substitute “Article 104 of Regulation 2017/625”.

(9) In regulation 15 (Commission experts) in paragraph 1 for “Article 45 of Regulation 882/2004” substitute “Articles 116 and 119 of Regulation 2017/625.”

(10) In regulation 17 (execution and enforcement) in paragraph (1) for “control body” substitute “delegated body”.

(11) In regulation 22 (interpretation of this Part of these Regulations)—

(a) for the definition of “product” substitute—

““product” means food and feed—

(a)

of non-animal origin whose import is regulated by Articles 44, 47(1)(d), 47(1)(e) and 47(1)(f) of Regulation 2017/625, and the Regulation 2017/625 package, and

(b)

those composite products and foodstuffs which are not required to be subject to veterinary checks as provided in Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC(30),”,

(b) in the definition of “the relevant territories” for “Regulation 882/2004” substitute “Regulation 2017/625”, and

(c) for the definition “specified import provision” substitute—

““specified import provision” means any provision of Regulation 2017/625 or the Regulation 2017/625 package that is specified in column 1 of schedule 6 and whose subject-matter is described in column 2 of that schedule.”.

(12) In regulation 23 (feed enforcement responsibilities and competent authority status)—

(a) in paragraph (2)—

(i) for “Regulation 669/2009” substitute “Regulation 2019/1793”, and

(ii) omit “apart from Article 19”, and

(b) omit paragraph (4).

(13) In regulation 24 (food enforcement responsibilities and competent authority status)—

(a) in paragraph (2)—

(i) for “Regulation 669/2009” substitute “Regulation 2019/1793” , and

(ii) omit “apart from Article 19”, and

(b) omit paragraph (4).

(14) In regulation 25 (functions of the Commissioners), for “customs services under Article 24 of Regulation 882/2004 and Article 10 of Regulation 669/2009” substitute “customs authorities under Articles 57, 75(1) and 76 of Regulation 2017/625 and Article 4 of Regulation 2019/1793”.

(15) In regulation 27 (deferred execution and enforcement), in paragraph (6), for “Article 15(5) of Regulation 882/2004” substitute “Articles 47(1)(d), 47(2)(b) and 54(4) of Regulation 2017/625”.

(16) In regulation 29 (checks on products), for “Article 16 of Regulation 882/2004”, in each place where it occurs, substitute “Articles 34(5), 44(2), 45(1) and 45(2) of Regulation 2017/625”.

(17) For regulation 30 (suspension of designation of points of entry) substitute—

“Withdrawal and suspension of border control posts

30.— (1) Where the Agency is satisfied that a border control post has ceased to comply with the requirements referred to in Article 64 of Regulation 2017/625 and Regulation 2019/1014 it may withdraw the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect.

(2) Where the Agency is satisfied that the conditions referred to in Article 63(1) of Regulation 2017/625 apply it may suspend the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect and if there is a serious risk to human or animal health the suspension may be with immediate effect.

(3) Upon service of a notice under paragraph (1), the border control post ceases to be a designated border control post to the extent specified in that notice until the suspension is removed in accordance with Article 63(4).

(4) Where the Agency is satisfied that it is reasonable to withdraw or suspend the designation for reasons other than those referred to in paragraphs (1) and (2) it may do so for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect.”.

(18) In regulation 31 (detention, destruction, special treatment, re-dispatch and other appropriate measures and costs)—

(a) in paragraph 1 for “Articles 18 to 21 and 24(3) of Regulation 882/2004” substitute “Articles 46, 65, 66, 67, 68, 69, 71, 72 and 138(2) of Regulation 2017/625”, and

(b) in paragraph 2 for “Article 22 of regulation 882/2004” substitute “Article 66(7), the last paragraph of Article 67 and Article 69(4)”.

(19) For regulation 32 (notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)) substitute—

“Notices in relation to imports of feed and food from third countries pursuant to regulation 31

32.— (1) If an authorised officer of an enforcement authority proposes to place a consignment of feed or food under official detention under Article 65, 66, or 67 of Regulation 2017/625 the officer must serve a notice to that effect on the operator responsible for it.

(2) Before ordering the operator to take action in accordance with Article 66(3)(a), (b) or (c), the enforcement officer will hear that operator as provided in Article 66(3) of Regulation 2017/625 unless immediate action is necessary to respond to a risk to human health.

(3) If an authorised officer of an enforcement authority proposes to take any of the measures or action referred to in Articles 66 and 67 of Regulation 2017/625 in respect of a consignment of feed or food the officer must serve a notice to that effect on the feed or food business operator responsible for it.”.

(20) For regulation 36 (costs and fees) substitute—

“Costs and fees

36.— (1) The costs incurred by the enforcement authority for which the operator is liable under Articles 66(7), 67 and 69(4) of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority.

(2) The costs of official controls and other activities as referred to in Article 80 of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority.”.

(21) Omit regulation 43 (expenses arising from additional official controls).

(22) Omit regulation 44 (expenses arising in respect of co-ordinated assistance and follow-up by the Commission).

(23) For schedule 1 (definitions of EU legislation) substitute the schedule in schedule 4 of these Regulations.

(24) For schedule 4 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant feed law) substitute the schedule in schedule 5 of these Regulations.

(25) For schedule 5 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant feed law) substitute the schedule in schedule 6 of these Regulations.

(26) For schedule 6 (specified import provisions) substitute the schedule in schedule 7 of these Regulations.

(1)

S.S.I. 2009/446.

(2)

OJ L 95 7.4.2017, p.1.

(3)

OJ L 116, 4.5.2007, p.9.

(4)

OJ L 157, 30.4.2004, p.33.

(5)

OJ L 147, 31.5.2001, p.1.

(6)

OJ L 31, 1.2.2002, p.1,

(7)

OJ L 139, 30.4.2004, p.1.

(8)

OJ L 139, 30.4.2004, p.55.

(9)

OJ L 68, 12.3.2013, p.24.

(10)

OJ L 338, 22.12.2005, p.1.

(11)

OJ L 338, 22.12.2005, p.27.

(12)

OJ L 29, 3.2.2017, p.21.

(13)

OJ L 63, 6.3.2018, p.13.

(14)

OJ L 15, 17.1.2019, p.1.

(15)

OJ L 88, 29.3.2019, p.19.

(16)

OJ L 131, 17.5.2019, p.31.

(17)

OJ L 131, 17.5.2019, p.101.

(18)

OJ L 124, 13.5.2019, p.1.

(19)

OJ L 165, 21.6.2019, p.8.

(20)

OJ L 165, 21.6.2019, p.10.

(21)

OJ L 261, 14.10.2019, p.37.

(22)

OJ L 277, 29.10.2019, p.89.

(23)

OJ L 289, 8.11.2019, p.50.

(24)

OJ L 105, 25.4.2018, p.1.

(25)

OJ L 82, 25.3.2019, p.4.

(26)

OJ L 165, 21.6.2019, p.4.

(27)

OJ L 171, 26.6.2019, p.1.

(28)

OJ L 250, 30.9.2019, p.6.

(29)

OJ L 255, 4.10.2019, p.1.

(30)

OJ L 116, 4.5.2007, p.9.