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The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to a number of pieces of legislation within the remit of the Department for Environment, Food and Rural Affairs.

Several provisions (regulations 2, 3, 6, 9(2)(b), 11(2)(b), 12, 17, 21, 23(2)(a) and 25 to 28) reflect an amendment to Annex 3 to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p 3).

Regulations 5(b), 7(2), 18, 20(2)(d), 33(b)(i) and 34(a) amend references to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ No L 309, 24.11.2009, p 1) in pesticides and water legislation, to come into force in November 2018. This is to reflect the amendment of that Regulation by Commission Regulation (EU) 2018/605 amending Annex 2 to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ No L 101, 20.4.2018, p 33).

Regulation 8 makes a number of amendments to the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 (S.I. 1999/2228). Regulation 3 and Schedule 2 are amended to remove ambiguity as to when a forestry project of a certain size and type is to be treated as not likely to have a significant effect on the environment. Regulations 3B and 6 are amended to provide for projects that are grant funded by either the Forestry Commission or the National Forest Company to be treated as exceptional cases for the purposes of regulation 5.

Regulation 10 amends regulation 18(6) of the Environmental Information Regulations 2004 (S.I. 2004/3391) to end the application of section 53 of the Freedom of Information Act 2000 (c. 32) (exception from duty to comply with decision notice or enforcement notice) to those Regulations. This follows the ruling of the Supreme Court in R (on the application of Evans) and another v Attorney General [2015] UKSC 21 that the issuing of any certificate under regulation 18(6) in respect of environmental information is incompatible with Article 6 of Directive 2003/4/EC of the European Parliament and of the Council on public access to environmental information (OJ No L 41, 14.2.2003, p 26).

Regulation 24 amends an incorrect reference to Directive 2008/98/EC of the European Parliament and of the Council on waste.

Regulation 37 amends the definition of “Blended Malt Scotch Whisky” in the Scotch Whisky Regulations 2009 (S.I. 2009/2890). The amendments to the Scotch Whisky technical file, which sets out the amended definition, have been notified in draft to the European Commission in accordance with Regulation (EC) 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (OJ No L 39, 13.2.2008, p 16). The amendments to the technical file are made at the time of submission to the Commission. The Commission has a 12 month period following submission to carry out scrutiny of the amendments and confirm that the amended technical file continues to comply with Regulation (EC) 110/2008.

Regulation 38 amends the Beef and Veal Labelling Regulations 2010 (S.I. 2010/983) to reflect provisions in Regulation (EU) No 653/2014 of the European Parliament and of the Council amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine animals and labelling of beef (OJ No L 189, 27.6.2014, p 33).

Regulation 55 makes a minor correction to the Transmissible Spongiform Encephalopathies (England) Regulations 2018 (S.I. 2018/731).

Finally, the Regulations make other miscellaneous minor amendments to legislation in the fields of agriculture, animal health, environmental protection, fertilisers, food, forestry, marine management, pesticides, plant breeders’ rights, sea fisheries, waste and water, in particular amending out of date references to domestic legislation and to EU instruments.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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