The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019

Title and commencement

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

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

Amendment of the Fishery Products (Official Controls Charges) (Wales) Regulations 2007

2.  The Fishery Products (Official Controls Charges) (Wales) Regulations 2007 are amended as follows.

3.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

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

““Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 2406/96” (“Rheoliad 2406/96”), “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 the Schedule;”;

(ii) in the definition of “first placing on the market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;

(iii) in the definition of “first sale in a fish market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;

(iv) for the definition of “official controls” substitute—

““official controls” (“rheolaethau swyddogol”) has the meaning given to it in Article 2(1) of Regulation 2017/625;”;

(v) in the definition of “processing”, for “Chapter V of Section B of Annex IV to Regulation 882/2004” substitute “Regulation 2017/625”;

(vi) in the definition of “third country import”, for “a charge is payable under Regulation 882/2004” substitute “a charge set out in Annex 4 to Regulation 2017/625 is payable”;

(b) after paragraph (2) insert—

“(3) In these Regulations, any reference to an EU instrument defined in the Schedule is a reference to that instrument as amended from time to time.”

4.  In regulation 3 (actual costs)—

(a) for “listed in Annex VI to Regulation 882/2004” substitute “referred to in Articles 81 and 82 of Regulation 2017/625”;

(b) for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

5.  In regulation 4 (Sterling equivalents of Euro), in paragraph (3)—

(a) in sub-paragraph (b), after “in each subsequent year” insert “until the coming into force of the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019”;

(b) after sub-paragraph (b) insert—

“(c) after the coming into force of the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019, the average of the rates published in the C Series of the Official Journal of the European Union for each of the days during the period of charge when the rate is published.”

6.  In regulation 9 (sums remitted from one food authority to another), for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

7.  In regulation 10 (payment of landings charge), for “Annex III to Regulation 854/2004”, in each place it occurs, substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

8.  In regulation 12 (charge in respect of processing establishments), for “Annex III to Regulation 854/2004”, in both places it occurs, substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

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

Vaughan Gething

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

27 November 2019