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The Meat (Official Controls Charges) (Wales) (Amendment) Regulations 2019

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Welsh Statutory Instruments

2019 No. 1480 (W. 264)

Food, Wales

The Meat (Official Controls Charges) (Wales) (Amendment) Regulations 2019

Made

27 November 2019

Laid before the National Assembly for Wales

28 November 2019

Coming into force

14 December 2019

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1).

The Welsh Ministers have been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures in respect of food (including drink) including the primary production of food(2).

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 any reference in the Meat (Official Controls Charges) (Wales) Regulations 2009(3) to an EU instrument defined in Schedule 1 to those Regulations, as those Regulations are amended by these Regulations, to be construed as a reference to that instrument as amended from time to time.

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(4) there has been open and transparent public consultation during the preparation of these Regulations.

Title and commencement

1.—(1) The title of these Regulations is the Meat (Official Controls Charges) (Wales) (Amendment) Regulations 2019.

(2) These Regulations come into force on 14 December 2019.

Amendment of the Meat (Official Controls Charges) (Wales) Regulations 2009

2.  The Meat (Official Controls Charges) (Wales) Regulations 2009 are amended as follows.

3.  In regulation 2 (interpretation), in paragraph (1)—

(a)in the definition of “audit”, for “Article 2.6 of Regulation 882/2004” substitute “Article 3(30) of Regulation 2017/625”;

(b)in the definition of “controls”, for “pursuant to Regulation 854/2004,”, in both places it occurs, substitute “pursuant to Regulation 2017/625, Regulation 2019/624 and Regulation 2019/627,”;

(c)in the definition of “cutting plant”—

(i)in paragraph (a), for “Article 31.2 of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”;

(ii)omit paragraph (b);

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

“Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/2005”), “Regulation 2015/1375” (“Rheoliad 2015/1375”), “Regulation 2017/185” (“Rheoliad 2017/185”), “Regulation 2017/625” (“Rheoliad 2017/625”), “Regulation 2019/624” (“Rheoliad 2019/624”) and “Regulation 2019/627” (“Rheoliad 2019/627”) have the meanings respectively given to them in Schedule 1;;

(e)in the definition of “game-handling establishment”—

(i)in paragraph (a), for “Article 31.2 of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”;

(ii)omit paragraph (b);

(f)at the appropriate place, insert—

“official auxiliary” (“cynorthwydd swyddogol”) has the meaning given to it in Article 3(49) of Regulation 2017/625;;

(g)in the definition of “official controls”, for “Article 2.1 of Regulation 882/2004” substitute “Article 2(1) of Regulation 2017/625”;

(h)in the definition of “official veterinarian”, for “Article 2.1(f) of Regulation 854/2004” substitute “Article 3(32) of Regulation 2017/625”;

(i)in the definition of “slaughterhouse”—

(i)in paragraph (a), for “Article 31.2 of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”;

(ii)omit paragraph (b).

4.  For Schedule 1 (definitions of EU legislation), substitute the Schedule set out in the Schedule to these Regulations.

5.  In Schedule 2 (calculation of the official controls charge)—

(a)in paragraph 6—

(i)for “specified in Article 1.1 of Regulation 882/2004” substitute “of Regulation 2017/625”;

(ii)for “Article 3.1” substitute “Article 9(1)”;

(b)in paragraph 11, for “Annex VI to Regulation 882/2004” substitute “Articles 81 and 82 of Regulation 2017/625”.

Vaughan Gething

Minister for Health and Social Services, one of the Welsh Ministers

27 November 2019

Regulation 4

SCHEDULE 1

Regulation 2(1)

SCHEDULE 1DEFINITIONS OF EU LEGISLATION

“Directive 2004/41” (“Cyfarwyddeb 2004/41”) means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC(5);

“Regulation 178/2002” (“Rheoliad 178/2002”) means 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(6);

“Regulation 852/2004” (“Rheoliad 852/2004”) means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(7) as read with Regulation 2073/2005;

“Regulation 853/2004” (“Rheoliad 853/2004”) means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(8) as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2017/185;

“Regulation 1688/2005” (“Rheoliad 1688/2005”) means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs(9);

“Regulation 2073/2005” (“Rheoliad 2073/2005”) means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs(10);

“Regulation 2074/2005” (“Rheoliad 2074/2005”) means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(11);

“Regulation 2015/1375” (“Rheoliad 2015/1375”) means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat(12);

“Regulation 2017/185” (“Rheoliad 2017/185”) means Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council(13);

“Regulation 2017/625” (“Rheoliad 2017/625”) means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC(14) as read with Directive 2004/41, Regulation 2074/2005, Regulation 2015/1375 and Regulation 2017/185;

“Regulation 2019/624” (“Rheoliad 2019/624”) means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council(15) as read with Directive 2004/41, Regulation 2074/2005, Regulation 2015/1375 and Regulation 2017/185;

“Regulation 2019/627” (“Rheoliad 2019/627”) means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls(16) as read with Directive 2004/41, Regulation 2074/2005, Regulation 2015/1375 and Regulation 2017/185.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Meat (Official Controls Charges) (Wales) Regulations 2009 (S.I. 2009/1557) (W. 152). These Regulations provide for the partial implementation of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (OJ No. L 95, 7.4.2017, p. 1) and of Implementing and Delegated Regulations made under it.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

(2)

S.I. 2005/1971. By virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales by this designation are exercisable by the Welsh Ministers.

(3)

S.I. 2009/1557 (W. 152), amended by S.I. 2011/1043, 2014/951 (W. 92) and 2018/806 (W. 162). It has been prospectively amended by S.I. 2019/434 (W. 102).

(4)

OJ No. L 31, 1.2.2002, p. 1, as last amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p. 241).

(5)

OJ No. L 157, 30.4.2004, p. 33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L 195, 2.6.2004, p. 12).

(6)

OJ No. L 31, 1.2.2002, p. 1.

(7)

OJ No. L 139, 30.4.2004, p. 1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (OJ No. L 226, 25.6.2004, p. 3) which should be read with a further Corrigendum (OJ No. L 204, 4.8.2007, p. 26).

(8)

OJ No. L 139, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L 226, 25.6.2004, p. 22) which should be read with a further Corrigendum (OJ No. L 204, 4.8.2007, p. 26).

(9)

OJ No. L 271, 15.10.2005, p. 17.

(10)

OJ No. L 338, 22.12.2005, p. 1, as read with the Corrigenda at OJ No. L 278, 10.10.2006, p. 32 and OJ No. L 283, 14.10.2006, p. 62.

(11)

OJ No. L 338, 22.12.2005, p. 27.

(12)

OJ No. L 212, 11.8.2015, p. 7.

(13)

OJ No. L 29, 3.2.2017, p. 21.

(14)

OJ No. L 95, 7.4.2017, p. 1.

(15)

OJ No. L 131, 17.5.2019, p. 1.

(16)

OJ No. L 131, 17.5.2019, p. 51.

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