The Fish Labelling (Wales) Regulations 2013

Welsh Statutory Instruments

2013 No. 2139 (W. 209)

Food, Wales

The Fish Labelling (Wales) Regulations 2013

Made

27 August 2013

Laid before the National Assembly for Wales

29 August 2013

Coming into force

26 September 2013

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 6(4)(1), 16(1)(2), 17(2)(3), 26(2)(a) and (3)(4) and 48(1)(5) of the Food Safety Act 1990(6), and paragraph 1A of Schedule 2 to the European Communities Act 1972(7).

In accordance with section 48(4A)(8) of the Food Safety Act 1990, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references in these Regulations to the following Regulations to be construed as references to those Regulations as amended from time to time—

(a) Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products(9);

(b) Commission Regulation (EC) No 2065/2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards informing consumers about fishery and aquaculture products(10);

(c) Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy(11); and

(d) Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy(12).

As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(13), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

(1)

Section 6(4) was amended by section 31 of, and paragraph 6 of Schedule 9 to, the Deregulation and Contracting Out Act 1994 (c.40); section 40(1) of, and paragraphs 7, 10(1) and (3) of Schedule 5 to, the Food Standards Act 1999 (c.28), section 40(4) of, and Schedule 6 to, that Act and S.I. 2002/794.

(2)

Section 16(1) was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999.

(3)

Section 17(2) was amended by section 40(1) of, and paragraphs 7, 8 and 12 of Schedule 5 to, the Food Standards Act 1999 and S.I. 2011/1043.

(4)

Section 26(3) was partially repealed by section 40(4) of, and Schedule 6 to, the Food Standards Act 1999.

(5)

Section 48(1) was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999.

(6)

1990 c.16. Functions formerly exercisable by “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the Food Standards Act 1999, and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32).

(7)

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

(8)

Section 48(4A) was inserted by section 40(1) of, and paragraphs 7 and 21 of Schedule 5 to, the Food Standards Act 1999.

(9)

OJ No L 17, 21.1.2000, p 22, as last amended by OJ No L 349, 19.12.2012, p 4.

(10)

OJ No L 278, 23.10.2001, p 6, as last amended by OJ No L 362, 20.12.2006, p 1.

(11)

OJ No L 343, 22.12.2009, p 1.

(12)

OJ No L 112, 30.4.2011, p 1, as amended by OJ No L 328, 10.12.2011, p 58.

(13)

OJ No L 31, 1.2.2002, p 1, as last amended by OJ No L 188, 18.7.2009, p 14.