The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, amend a number of Regulations consequential upon the Regulation (EU) 2013 of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (“Regulation (EU) 2013”). Regulation (EU) 2013 repeals (subject to transitional and final provisions set out in Article 230) the earlier Single Common Market Organisation - Council Regulation (EC) No 1234/2007 of 22 October 2007 (“Council Regulation 2007”) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products. The transitional provisions set out in Article 230 provide for certain Articles in Council Regulation 2007 to continue to apply until corresponding marketing rules made under Regulation (EU) 2013 (“corresponding marketing rules”) come into force.

The following Regulations are amended—

(a)

The Beef and Pig Carcase Classification (Wales) Regulations 2011 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 2).

(b)

The Beef and Veal Labelling (Wales) Regulations 2011 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 3).

(c)

The Drinking Milk (Wales) Regulations 2010 make provision for the enforcement of Article 114 (2) of Council Regulation 2007 (marketing standards for milk and milk products). Article 230(1)(c) provides that Article 114 is to continue to apply until the corresponding marketing rules come into force. The 2010 Regulations are amended to replace the reference in regulation 3 (sale or delivery of milk and use of sales description) to Annex XIII to Council Regulation 2007 with Part IV of Annex VII (milk for human consumption) to Regulation (EU) 2013 (regulation 4).

(d)

The Eggs and Chicks (Wales) Regulations 2010 make provision for the enforcement of EU marketing standards relating to eggs for hatching, poultry chicks and eggs in shell for consumption. Article 230(1)(c) provides that Article 116 of, and certain parts of Annex XIV to, Council Regulation 2007 are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2010 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 5).

(e)

The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 6).

(f)

The School Milk (Wales) Regulations 2008 are amended to replace references to Council Regulation 2007 with Regulation (EU) 2013 (regulation 7).

(g)

The Poultrymeat (Wales) Regulations 2011 make provision for the enforcement of marketing standards relating to poultrymeat. Article 116 of, and certain parts of Annex XIV to, Council Regulation 2007 are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2011 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 8).

(h)

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008 create offences of failing to comply with provisions in Council Regulation 2007 relating to marketing standards for fats and descriptions of milk and milk products (Articles 115 and 114 respectively). Article 230 (1)(c) of Regulation (EU) 2013 provides that Articles 114 and 115 of, and certain parts of Annex XIV to, Council Regulation 2007 are to continue to apply until the corresponding marketing rules come into force. Save to the extent that Council Regulation 2007 applies, Regulation (EU) 2013 applies and the 2008 Regulations are amended to refer to the relevant provisions in Regulation (EU) 2013 (regulation 9).

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.