The Single Common Market Organisation (Consequential Amendments) Regulations 2013

PART 2 E+W+S AMENDMENTS TO REGULATIONS WHICH APPLY TO ENGLAND, WALES, SCOTLAND OR NORTHERN IRELAND

Amendments to the Beef and Pig Carcase Classification (England) Regulations 2010 E+W+S

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (3.12.2018) by The Carcase Classification and Price Reporting (England) Regulations 2018 (S.I. 2018/1164), regs. 1, 5(b) (with regs. 3, 7, 13)

Amendments to the Beef and Veal Labelling Regulations 2010 E+W+S

3.—(1) The Beef and Veal Labelling Regulations 2010 M1 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 ”.

Marginal Citations

M1 S.I 2010/983; as amended by 2012/2897.

Amendments to the Drinking Milk (England) Regulations 2008 E+W+S

4.—(1) The Drinking Milk (England) Regulations 2008 M2 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 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”.

Marginal Citations

M2 S.I 2008/1317.

Amendments to the Eggs and Chicks (England) Regulations 2009 E+W+S

5.—(1) The Eggs and Chicks (England) Regulations 2009 M3 are amended as follows.

(2) In regulation 3(1) (interpretation) after the definition of “Regulation (EC) No 2160/2003” 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;”.

(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 Regulation” 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 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 ”.

(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 E+W+S 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) No 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 (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 ”.

Marginal Citations

M3 S.I 2009/2163; as amended by S.I. 2012/2897.

Amendments to the Food Labelling Regulations 1996 E+W+S

F2 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 6 revoked (13.12.2018) by The Food Information Regulations 2014 (S.I. 2014/1855), Sch. 6 Pt. 2 and (S.) (13.12.2018) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(4), sch. 4 Pt. 2

Amendments to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 E+W+S

7.  In Part 2 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M4 under the heading “Agriculture, animal health and welfare and horticulture” for “Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)” substitute “ 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 ”.

Marginal Citations

M4 SI 2007/3544; as relevantly amended by 2009/2981.

Amendments to the Marketing of Fresh Horticultural Produce Regulations 2009 E+W+S

8.—(1) The Marketing of Fresh Horticultural Produce Regulations 2009 M5 are amended as follows.

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

(a) in the definition of “EU 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 ”;

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

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

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

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

““"Regulation (EU) No 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 for “Article 113(1)(b) of Council Regulation 1234/2007” substitute “ under Article 75(1)(b) of Regulation (EU) 2013 ”.

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

Marginal Citations

M5 S.I 2009/1361; as amended by S.I. 2011/1043, S.I. 2011/2587.

Amendments to the Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008 E+W+S

F3 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 9 revoked (1.8.2017) by The Milk and Milk Products (Pupils in Educational Establishments) (England and Northern Ireland) Regulations 2017 (S.I. 2017/734), regs. 1(1), 7(1)(b) (with reg. 7(2))

Amendments to the Poultrymeat (England) Regulations 2011 E+W+S

10.—(1) The Poultrymeat (England) Regulations 2011 M6 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 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 the Single CMO 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 the following definition— “ “Regulation (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 “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) No /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 ”.

Marginal Citations

M6 S.I 2011/452; as amended by S.I. 2012/2897.

Amendments to the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008 E+W+S

11.—(1) The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008 M7 are amended as follows.

(2) In regulation 2 (interpretation)—

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

““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”;

(b) in paragraph (2) after the definition of “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 ”.

Marginal Citations

M7 S.I 2008/1287, as amended by S.I. 2013/2854.

Amendments to the Weights and Measures (Intoxicating Liquor) Order 1988 E+W+S

12.—(1) The Weights and Measures (Intoxicating Liquor) Order 1988 M8 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 (EC) 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 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 relation to the entry for “sparkling wine”, for “points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation No (EC) 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 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 ”;

(c) in relation to the entry for “liqueur wine”, for “point 3 of Annex XIb to Council Regulation No (EC) 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 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 ”.

Marginal Citations

M8 S.I 1988/2039; as relevantly amended by S.I. 2009/663, S.I. 2011/2936.

Amendments to the Wine Regulations 2011 E+W+S

13.—(1) The Wine Regulations 2011 M9 are amended as follows.

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

(a) in the definition of “European Regulations” for sub-paragraph (b) substitute—

“(b) the 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, (“Regulation (EU) 2013”),”; and

(b) in the definition of “wine sector product” for “Annex XIb” to the end substitute “ Part II of Annex VII to Regulation (EU) 2013 ”.

(3) In regulation 4(2)(a)(ii) (competent authority) for “Article 118o of Council Regulation (EC) No 1234/2007” substitute “ Article 146(1) of Regulation (EU) 2013 ”.

(4) In regulation 14 (offences)—

(a) in paragraph (1)(a) for “Article 118m(2) of Council Regulation (EC) No 1234/2007” substitute “ Article 103(2) of Regulation (EU) 2013 ”;

(b) in paragraph (1)(b) for “Article 118v(1) of Council Regulation (EC) No 1234/2007” substitute “ Article 113(1) of Regulation (EU) 2013 ” and for “Article 118u(1)” substitute “ Article 112 ”;

(c) in paragraph (1)(c) for “Article 120c of Council Regulation (EC) No 1234/2007” substitute “ Article 80(1), third sub-paragraph, of Regulation (EU) 2013 ”; and

(d) in paragraph (d) for “Article 158a(2) of Council Regulation (EC) No 1234/2007” substitute “ Article 90(2) of Regulation (EU) 2013 ”.

(5) In paragraph 1 of Schedule 1 (protected geographical indications) for “Article 118c(2)(h) of Council Regulation (EC) No 1234/2007” substitute “ Article 94(2)(h) of Regulation (EU) 2013 ”.

(6) In paragraph 1 of Schedule 2 (protected designations of origin) for “Article 118c(2)(h) of Council Regulation (EC) No 1234/2007” substitute “ Article 94(2)(h) of Regulation (EU) 2013 ”.

Marginal Citations

M9 S.I 2011/2936; as amended by 2012/2897.