The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 962

Exiting The European Union, Northern Ireland

Animals, Northern Ireland

Seeds, Northern Ireland

Food, Northern Ireland

The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Made

21st May 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 , makes the following Regulations.

In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Marginal Citations

M1 2018 c. 16.

PART 1 N.I. Introductory

Citation, application, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

(2) These Regulations come into force on the later of exit day or the day after the day on which they are made.

(3) These Regulations extend to Northern Ireland only.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 2 N.I. Amendment of Animal Health Legislation

The Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008 N.I.

2.  In the Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008 M2 , in the Schedule, before paragraph 3(a), insert—

“(za) Commission Regulation (EC) No 2160/2003 on the control of salmonella and other food-borne zoonotic agents;”.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M2 S.R. 2008 No. 263.

The Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009 N.I.

3.  In the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009 M3 , in the Schedule, before paragraph 3(a), insert—

“(za) Commission Regulation (EC) No 2160/2003 on the control of salmonella and other food-borne zoonotic agents;”.

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M3 S.R. 2009 No. 205.

The Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010 N.I.

4.  In the Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010 M4 , in the Schedule, before paragraph 3(a), insert—

“(za) Commission Regulation (EC) No 2160/2003 on the control of salmonella and other food-borne zoonotic agents;”.

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M4 S.R. 2010 No. 248.

Prospective

PART 3 N.I. Amendment of the Beef and Veal Labelling Regulations (Northern Ireland) 2010

The Beef and Veal Labelling Regulations (Northern Ireland) 2010 N.I.

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 5 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

PART 4 N.I. Amendment of the Seed Potatoes Regulations (Northern Ireland) 2016

The Seed Potatoes Regulations (Northern Ireland) 2016 N.I.

6.  The Seed Potatoes Regulations (Northern Ireland) 2016 M5 are amended as follows.

Commencement Information

I5 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M5 S.R. 2016 No. 190, as amended by S.R. 2017 No. 155.

7.  In regulation 1(2), for “European Union and Switzerland”, substitute “ United Kingdom ”.

Commencement Information

I6 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

8.  In regulation 2—

(a) in the definition of “basic seed potatoes”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes imported into Northern Ireland in a package or container to which has been affixed an official label, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to paragraphs 1(1), (2), (3), 2 and 3 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of Council Directive 2002/56/EC;”;

(b) in the definition of “category”, omit “in accordance with the Swiss trade agreement”;

(c) in the definition of “certification”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, certification by the certification authority, in accordance with—

(i) in the case of seed potatoes where produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 10(2), (3) and (5);

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 3(1)(a) of Council Directive 2002/56/EC;

and “certified” is to be construed accordingly;”;

(d) in the definition of “certification authority”, omit “for the purposes of Council Directive 2002/56/EC”;

(e) after the definition of “Council Directive 2002/53/EC”, insert—

““Crown Dependency” means the Isle of Man or any of the Channel Islands;”;

(f) in the definition of “grade”, after “includes”, insert “ the UK grade and the ”;

(g) in the definition of “official document”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, a document issued or approved by the certification authority in the country or territory where the seed potatoes were produced which meets the requirements of—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Part 2 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(b) of Council Directive 2002/56/EC;”;

(h) in the definition of “official label”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, a label issued or approved by the certification authority in the country or territory where the seed potatoes were produced which meets the requirements of—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 11 and Part 1 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) or 18(f), as appropriate to the seed potatoes to which the label relates, of Council Directive 2002/56/EC, or Article 9 of Commission Decision 2004/842/EC;”;

(i) in the definition of “pre-basic seed potatoes”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes imported into Northern Ireland in a package or container to which has been affixed an official label, stating that the seed potatoes were certified as pre-basic seed potatoes and the grade, in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to paragraphs 1(1), (2), (4), 2 and 3 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 18(f) of, and point A7 of Annex III to, Council Directive 2002/56/EC;”;

(j) in the definition of “seed potatoes produced outside Northern Ireland”—

(i) in sub-paragraph (a), omit “and the Republic of Ireland”;

(ii) in sub-paragraph (b), omit “other than the United Kingdom”;

(k) after the definition of “seed potatoes produced outside Northern Ireland”, insert—

““the relevant seed potatoes regulations” means—

(a) in the case of Scotland, the Seed Potatoes (Scotland) Regulations 2015 M6 ;

(b) in the case of Wales, the Seed Potatoes (Wales) Regulations 2016 M7 ;

(c) in the case of England, the Seed Potatoes (England) Regulations 2015 M8 ;”;

(l) in the definition of “test and trial seed potatoes”, for paragraph (b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes imported into Northern Ireland in a package or container which bears an official label in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 13 and paragraphs 1(1), (2), (5) and 2 of Schedule 2;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 9 of Commission Decision 2004/842/EC;”;

(m) for the definition of “Union grade”, substitute—

““Union grade” means, in relation to seed potatoes produced in a member State or Switzerland—

(a) in the case of pre-basic seed potatoes, either “Union grade PBTC” or “Union grade PB”, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Commission Implementing Directive 2014/21/EU of 6 February 2014 determining minimum conditions and Union grades for pre-basic seed potatoes M9 ;

(b) in the case of basic seed potatoes, either “Union grade S”, “Union grade SE” or “Union grade E”, the minimum conditions for which are set out in Article 1 of, and Annex I to, Directive 2014/20/EU;”;

(n) after the definition “Union grade”, insert—

““UK grade” means—

(a) in relation to seed potatoes produced in Northern Ireland, the United Kingdom grade determined in respect of those potatoes under Schedule 4;

(b) in relation to seed potatoes produced elsewhere in the United Kingdom, the UK grade determined in accordance with the relevant seed potatoes regulations;”;

(o) omit paragraphs (3) and (4).

Commencement Information

I7 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M6 S.S.I. 2015/395.

M7 S.I. 2016/106.

M8 S.I. 2015/1953.

M9 O.J. No. L 38, 07.02.2014, p.39.

9.  In regulation 4—

(a) in paragraph (1)—

(i) in sub-paragraph (b)(i), omit “or”;

(ii) after sub-paragraph (b)(ii), insert—

“(iii) “UK grade S” or “UK grade SE” as set out in—

(aa) for Northern Ireland, Table 2 of Schedule 4;

(bb) for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

(cc) for a Crown Dependency, legislation recognised by the Department as having equivalent effect to Table 2 of Schedule 4;”;

(iii) after sub-paragraph (c)(iii), insert—

“(iv) “UK grade S”, “UK grade SE” or “UK grade E” as set out in—

(aa) for Northern Ireland, Table 2 of Schedule 4;

(bb) for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

(cc) for a Crown Dependency, legislation recognised by the Department as having equivalent effect to Table 2 of Schedule 4;”;

(b) for paragraph (3)(b), substitute—

“(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes which have been authorised by the certification authority in the country or territory where the seed potatoes were produced for marketing in accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 6;

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 6(1) of Council Directive 2002/56/EC.”.

Commencement Information

I8 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

10.  After regulation 4, insert—

“Marketing of seed potatoes from the EU or Switzerland

4A.— (1) No person may market in Northern Ireland any seed potatoes produced in a member State or Switzerland.

(2) Paragraph (1) does not apply to seed potatoes which meet the conditions set out in paragraph (3).

(3) The conditions are that the seed potatoes—

(a) are of a variety listed on the National List or on the Common Catalogue;

(b) comply with the requirements of Council Directive 2002/56/EC; and

(c) have been imported into Northern Ireland before the end of the period of one year beginning with the day after the day on which exit day falls.

(4) Paragraph (1) is subject to regulations made under Section 1(2A) of the Seeds Act (Northern Ireland) 1965 M10 on the importation of seed potatoes.”.

Commencement Information

I9 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M10 1965 c. 22.

11.  In regulation 5—

(a) in paragraph (3), for “For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62/EC”, substitute “ Where the quantities laid down in Article 14 of Commission Directive 2008/62/EC would otherwise be likely to be exceeded ”;

(b) after paragraph (5), insert—

“(6) For the purposes of paragraph (3), Article 14 of Commission Directive 2008/62/EC is to be read as if—

(a) in the first paragraph, in the first sentence—

(i) the words “Each Member State shall ensure that”, were omitted;

(ii) for the words “does not exceed”, there were substituted “ may not exceed ”;

(iii) for “that member State”, there were substituted “ United Kingdom ”;

(b) in the second paragraph—

(i) in the first sentence, for the reference to “each Member State”, there were substituted “ the United Kingdom ”;

(ii) for the references to “the Member State”, in both places, there were substituted “ the United Kingdom ””.

Commencement Information

I10 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

12.  For regulation 6(2), substitute—

“(2) The Department shall not authorise marketing of seed potatoes which contain any genetically modified material unless—

(a) an authorisation is in force under—

(i) Regulation 1829/2003 or Part C of Directive 2001/18/EC, where that authorisation was granted before exit day;

(ii) Regulation 1829/2003 (on genetically modified food and feed); or

(b) a consent has been granted under

(i) Article 8(1) of the Genetically Modified Organisms (Northern Ireland) Order 1991 M11 ;

(ii) section 111(1) of the Environmental Protection Act 1990 M12 .”.

Commencement Information

I11 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M11 S.I. 1991/1714 (N.I. 19).

M12 1990 c.43.

13.  In regulation 7—

(a) for paragraph (3), substitute—

“(3) The Department shall not authorise marketing—

(a) of a quantity of seed potatoes in excess of 0.1% of the annual amount of seed potatoes used in the United Kingdom, except that, if such quantity is not sufficient to sow 10 hectares, the quantity needed for such an area may be authorised;

(b) of seed potatoes which contain any genetically modified material unless—

(i) an authorisation is in force under—

(aa) Regulation 1829/2003 or Part C of Directive 2001/18/EC, where that authorisation was granted before exit day;

(bb) Regulation 1829/2003 (on genetically modified food and feed); or

(ii) a consent has been granted under

(aa) Article 8(1) of the Genetically Modified Organisms (Northern Ireland) Order 1991;

(bb) section 111(1) of the Environmental Protection Act 1990.”;

(b) in paragraph (6)(b), after “the National List or”, insert “ , before the end of the period of one year beginning with the day after the day on which exit day falls, ”;

(c) in paragraph (8)(b), for “member States”, substitute “ countries ”.

Commencement Information

I12 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

14.  In regulation 8(1), after “pre-basic seed potatoes of”, insert “ UK grade PBTC or ”.

Commencement Information

I13 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

15.  In regulation 9—

(a) in paragraph (3)(a)(i), after “pre-basic seed potatoes of”, insert “ UK grade PBTC or ”;

(b) in paragraph (3)(b), for “pursuant to Council Directive” to the end, substitute—

“, in respect of marketing those seed potatoes, pursuant to—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to paragraph (a);

(iii) in the case of seed potatoes produced in a member State or Switzerland, Council Directive 2002/56/EC.”.

Commencement Information

I14 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

16.  In regulations 10 and 11, for “Union”, substitute “ UK ”, in each place it occurs.

Commencement Information

I15 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

17.  In regulation 12(1)(b), for “accordance with” to the end, substitute—

“accordance with—

(i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to paragraph (a);

(iii) in the case of seed potatoes produced in a member State or Switzerland, Article 12(1) of Council Directive 2002/56/EC.”.

Commencement Information

I16 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

18.  In regulation 14—

(a) in the heading, for “European Union”, substitute “ British Islands ”;

(b) the existing text becomes paragraph (1);

(c) in paragraph (1), for “European Union”, substitute “ British Islands ”;

(d) after paragraph (1), insert—

“(2) Paragraph (1) does not apply to any person marketing more than 2 kilogrammes of seed potatoes that have been imported into Northern Ireland from the European Union or Switzerland before the end of the period of one year beginning with the day after the day on which exit day falls.”.

Commencement Information

I17 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

19.  In regulation 21—

(a) in the heading, for “Union”, substitute “ UK ”;

(b) in paragraph (5), for “Union”, substitute “ UK ”, in each place it occurs.

Commencement Information

I18 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

20.  After regulation 24, insert—

“Transitional provisions for official labels on exit day

24A.   A label pre-printed in the United Kingdom before exit day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for basic seed potatoes for the purposes of any use of that label, in accordance with these Regulations, before the end of the period of one year beginning with the day after the day on which exit day falls.”.

Commencement Information

I19 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Schedule 1 (Growing crop reports) N.I.

21.  In Schedule 1—

(a) in paragraphs 1(b)(ii) and 2(c), for “Union”, substitute “ UK ”, in each place it occurs;

(b) in paragraph 3(a), after the National List or”, insert “ , before the end of the period of two years beginning with the day after the day on which exit day falls, ”.

Commencement Information

I20 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Schedule 2 (Official labels and official documents) N.I.

22.  In Schedule 2—

(a) in paragraph 1—

(i) for “member State”, substitute “ country ”, in each place it occurs;

(ii) in sub-paragraph (3)(a), for “EU”, substitute “ UK ”;

(b) in paragraph 2—

(i) for “required by”, substitute “ specified in ”;

(ii) at the end add “ read as if, in point (a), for “ EC ” there were substituted “UK” ”.

Commencement Information

I21 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Schedule 4 (Union grades: source material for planting, other requirements and tolerances for the growing crop and lots of seed potatoes) N.I.

23.  In Schedule 4—

(a) in the Schedule heading for “Union”, substitute “ UK ”;

(b) in paragraph 1, for “Union”, substitute “ UK ”, in each place it occurs;

(c) in table 1—

(i) in the table caption, for “Union”, substitute “ UK ”;

(ii) for “Union”, substitute, “UK”, in each place it occurs;

(d) in table 2—

(i) in the table caption, for “Union”, substitute “ UK ”;

(ii) in the heading to column 1, for Union”, substitute “ UK ”;

(iii) in column 2, in the row titled “S”—

(aa) in paragraph (a), after “official document as”, insert “ UK grade PBTC or ”;

(bb) in paragraph (b), after “official document as”, insert “ UK grade S or ”;

(iv) in column 2, in the row titled “SE”—

(aa) in paragraph (a), after “official document as”, insert “ UK grade PBTC or ”;

(bb) in paragraph (b), after “official document as”, insert “ UK grade S or ”;

(v) in column 2, in the row title “E”—

(aa) in paragraph (a), after “official document as”, insert “ UK grade PBTC or ”;

(bb) in paragraph (b), after “official document as”, insert “ UK grade S, UK grade SE or ”.

Commencement Information

I22 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Schedule 5 (Authorisation for marketing seed potatoes for test and trial purposes) N.I.

24.  In paragraph 3(e), for Union”, substitute “ UK ”.

Commencement Information

I23 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in part in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular section 8(2)(c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 amends Northern Ireland domestic legislation concerning the control of salmonella in poultry, broiler flocks and turkeys to ensure the legislation will remain operable after the UK has left the EU.

Part 3 makes minor amendments to the Beef and Veal Labelling Regulations (Northern Ireland) 2010 to ensure the legislation will remain operable after the UK has left the EU.

Part 4 makes minor amendments to the Seed Potatoes Regulations (Northern Ireland) 2016 to ensure that they remain operable after the UK has left the EU. It provides for a one-year interim period during which time EU seed will continue to be recognised for production and marketing in Northern Ireland to ensure continuity in supplies of seed potatoes.

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.