The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 12 January 2012, amend the Specified Products from China (Restriction on First Placing on the Market) (Wales) Regulations 2008 (S.I. 2008/1080 (W.114)) (“the 2008 Regulations”) in order to implement Commission Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC (OJ No. L343, 23.12.2011, p.140) (“the Commission Decision”). The Commission Decision provides for import restrictions that previously applied to Bt 63 genetically modified rice to apply, with modifications, to all unauthorised GM rice.

In particular these Regulations amend the 2008 Regulations by —

(a) inserting in regulation 2 a definition of the Commission Decision and amending, adding or removing certain other definitions (regulation 2(2));

(b) amending regulation 3(1), by imposing conditions under which specified products (rice and rice products originating in or consigned from China) may be placed on the market (regulation 2(3));

(c) omitting regulation 4, which required operators to notify the Food Standards Agency of certain test results (regulation 2(4));

(d) amending regulation 5(4), which identifies the provisions of the Commission Decision that an enforcement officer of a feed or food authority must ensure are observed (regulation 2(5));

(e) inserting as new regulation 7 a provision to implement the requirement in Article 8 of the Commission Decision that all costs resulting from the official controls and from any non-compliance must be borne by the food or feed business operator concerned (regulation 2(7)), and

(f) inserting as new regulation 8 a provision implementing the transitional arrangements contained in Article 9 of the Commission Decision (regulation 2(7)).

A regulatory impact assessment is in preparation and will be published as soon as completed. Due to the emergency nature of this instrument, the Food Standards Agency was unable to complete the regulatory impact assessment before the coming into force of the instrument.