The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023

Regulation 4

SCHEDULE 2 Application of public health and marketing standards by virtue of the disapplication of EU Directives listed in Annex 1 to the SPS Regulation

Column 1 EU instrument listed in Annex 1 to the SPS Regulation (including paragraph numbering from that Annex)	Column 2 Instruments	Column 3 Modifications
1. Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs (1)	In respect of retail goods produced in or imported into England, the following provisions of the Materials and Articles in Contact with Food (England) Regulations 2012(2)— Part 1 (preliminary), so far as relating to Part 4 (and Schedules 2, 3 and 4). Part 4 (requirements for ceramic articles), together with Schedules 2, 3 and 4. In respect of retail goods produced in or imported into Wales, the following provisions of the Materials and Articles in Contact with Food (Wales) Regulations 2012(3)— Part 1 (preliminary), so far as relating to Part 4 (and those Schedules). Part 4 (requirements for ceramic articles), together with Schedules 3, 4 and 5. In respect of retail goods produced in or imported into Scotland, the following provisions of the Materials and Articles in Contact with Food (Scotland) Regulations 2012(4)— Part 1 (preliminary), so far as relating to Part 4 (and those Schedules). Part 4 (requirements for ceramic articles), together with Schedules 3, 4 and 5.	None
3. Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (5)	Commission Regulation (EC) No 37/2005 of 12 January 2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption(6) In respect of retail goods produced in or imported into England, the Quick-frozen Foodstuffs (England) Regulations 2007(7) except regulations 9, 10 and 12. In respect of retail goods produced or imported into Wales, the Quick-frozen Foodstuffs (Wales) Regulations 2007(8) except regulations 9, 10 and 12. In respect of retail goods produced or imported into Scotland, the Quick-frozen Foodstuffs Regulations 1990(9) except for regulations 7 and 8.	None
7. Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of ß‐agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (10)	The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015 in respect of retail goods produced in or imported into England or Scotland. The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) 2019, in respect of retail goods produced in or imported into Wales.	None
9. Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation (11)	In respect of retail goods produced in or imported into England, the Food Irradiation (England) Regulations 2009(12) except for regulations 9-11. In respect of retail goods produced in or imported into Wales, the Food Irradiation (Wales) Regulations 2009(13) except for regulations 9-11. In respect of retail goods produced in or imported into Scotland, the Food Irradiation (Scotland) Regulations 2009(14) except for regulations 9-11.	None
10. Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation (15)	In respect of retail goods produced in or imported into England, the Food Irradiation (England) Regulations 2009 except for regulations 9-11. In respect of retail goods produced in or imported into Wales, the Food Irradiation (Wales) Regulations 2009 except for regulations 9-11. In respect of retail goods produced in or imported into Scotland, the Food Irradiation (Scotland) Regulations 2009 except for regulations 9-11.	None
11. Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts (16)	In respect of retail goods produced in or imported into England, the Coffee Extracts and Chicory Extracts (England) Regulations 2000(17) except for regulations 7 and 10. In respect of retail goods produced in or imported into Wales, the Coffee Extracts and Chicory Extracts (Wales) Regulations 2001(18) except for regulations 7 and 10. In respect of retail goods produced in or imported into Scotland, the Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001(19) except for regulations 7 and 10.	None
12. Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption (20)	In respect of retail goods produced in or imported into England, the Cocoa and Chocolate Products (England) Regulations 2003(21) except for regulations 8 and 10. In respect of retail goods produced in or imported into Wales, the Cocoa and Chocolate Products (Wales) Regulations 2003(22) except for regulations 8 and 10. In respect of retail goods produced in or imported into Scotland the Cocoa and Chocolate Products (Scotland) Regulations 2003(23) except for regulations 8 and 11.	None
14. Council Directive 2001/110/EC of 20 December 2001 relating to honey (24)	In respect of retail goods produced in or imported into England, the Honey (England) Regulations 2015(25) except for regulations 18, 18A, 19, 22 and 22A and Schedule 2. In respect of retail goods produced in or imported into Wales, the Honey (Wales) Regulations 2015(26) except for regulations 18, 18A, 19, 22 and 23 and Schedule 2. In respect of retail goods produced in or imported into Scotland, the Honey (Scotland) Regulations 2015(27) except for regulations 17, 17A and 18.	None
15. Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption (28)	In respect of retail goods produced in or imported into England, the Specified Sugar Products (England) Regulations 2003(29) except for regulations 7 and 9. In respect of retail goods produced in or imported into Wales, the Specified Sugar Products (Wales) Regulations 2003(30) except for regulations 7 and 9. In respect of retail goods produced in or imported into Scotland, the Specified Sugar Products (Scotland) Regulations 2003(31) except for regulations 7 and 9.	None
16. Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption (32)	In respect of retail goods produced in or imported into England, the Fruit Juices and Fruit Nectars (England) Regulations 2013(33) except for regulations 16-19 and Schedule 14. In respect of retail goods produced in or imported into Wales, the Fruit Juices and Fruit Nectars (Wales) Regulations 2013(34) except for regulations 16-19 and Schedule 14. In respect of retail goods produced in or imported into Scotland, the Fruit Juices and Fruit Nectars (Scotland) Regulations 2013(35) except for regulations 16-18 and Schedule 14.	None
17. Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (36)	In respect of retail goods produced in or imported into England, the Jam and Similar Products (England) Regulations 2003(37) except for regulations 7 and 9. In respect of retail goods produced in or imported into Wales, the Jam and Similar Products (Wales) Regulations 2018(38) except for regulations 9 and 10 and Schedule 5. In respect of retail goods produced in or imported into Scotland, the Jam and Similar Products (Scotland) Regulations 2004(39) except for regulations 7 and 10.	None
18. Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption (40)	In respect of retail goods produced in or imported into England, the Condensed Milk and Dried Milk (England) Regulations 2015(41) except for regulations 6 and 7 and Schedule 3. In respect of retail goods produced in or imported into Wales, the Condensed Milk and Dried Milk (Wales) Regulations 2018(42) except for regulations 6 and 7 and Schedule 3. In respect of retail goods produced in or imported into Scotland, the Condensed Milk and Dried Milk (Scotland) Regulations 2003(43) except for regulations 7 and 10.	None
20. Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (44)	In respect of retail goods produced in or imported into England, the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015(45), Part 6 and Schedules 4 and 5 (and Part 1 so far as relating to those provisions) save that paragraphs (1) to (5) and (8) to (13) of regulation 15 are to be treated as applying only in so far as they give effect to the standards set out in Schedules 4 and 5. In respect of retail goods produced in or imported into Wales, the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016(46), Part 6, Schedules 1B and 1C (and Part 1 so far as relating to those provisions) save that paragraphs (1) to (5) and (8) to (11) of regulation 15 are to be treated as applying only in so far as they give effect to the standards set out in Schedules 1B and 1C. In respect of retail goods produced in or imported into Scotland, the Animal Feed (Scotland) Regulations 2010(47), Part 4 and Schedules 4 and 5 (and Part 1 so far as relating to those provisions) save that paragraph (8) of regulation 9 does not apply and paragraphs (1) to (5) of that regulation are to be treated as applying only in so far as they impose an obligation to comply with the requirements of Schedules 4 and 5.	None
21. Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (48)	The Food Supplements (England) Regulations 2003(49) except for regulations 8, 9, 11 and 12. The Food Supplements (Wales) Regulations 2003(50) except for regulations 8, 9, 11 and 12. The Food Supplements (Scotland) Regulations 2003(51) except for regulations 8, 9 and 11.	None
44. Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients(52)	In respect of retail goods produced in or imported into England, the following provisions of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013(53)— Part 1, so far as relating to Part 3 and Schedule 6; Part 3 (extraction solvents) together with Schedule 6 In respect of retail goods produced in or imported into Wales, the following provisions of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013(54)— Part 1 (introductory), so far as relating to Part 3 and Schedule 6; Part 3 (extraction solvents) together with Schedule 4A In respect of retail goods produced in or imported into Scotland, the following provisions of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013(55)— Part 1 (introductory), so far as relating to Part 3 and Schedule 6; Part 3 (extraction solvents) together with Schedule 6	In regulation 10(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013, the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom” In regulation 10(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013 the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom” In regulation 8(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom”
45. Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (56)	In respect of retail goods produced in or imported into England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007(57) except for regulations 3(1)(d)(i), 16, 16A, 17 and 22. In respect of retail goods produced in or imported into Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015(58) except for— regulation 3(1)(d)(i); Part 5; regulations 32 to 35; Schedules 9 to 12. In respect of retail goods produced in or imported into Scotland, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007(59) except for regulations 3(1)(d)(i), 16 to 18, 20 to 22.	None
59. Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 November 2015 on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC (60)	In respect of retail goods produced in or imported into England, the Caseins and Caseinates (England) Regulations 2017(61) except for regulations 6, 7 and 10 and Schedule 5. In respect of retail goods produced in or imported into Wales, the Caseins and Caseinates (Wales) Regulations 2016(62) except for regulations 7, 8 and 10 and Schedule 5. In respect of retail goods produced in or imported into Scotland, the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016(63) except for regulations 6, 7 and 8 and Schedule 4.	None

(1)

OJ No. L 277, 20.10.1984, p. 12.

(2)

S.I. 2012/2619, as amended by S.I. 2019/704, 2020/1419 and 2022/1351.

(3)

S.I. 2012/2705 (W. 291), as amended by S.I. 2017/832, 2018/806, 913, 2019/425, 2020/1581, 2022/1362.

(4)

S.S.I. 2012/318, as amended by S.S.I. 2013/83, 2014/312, 2015/100, 2019/32, 52 (as amended by S.S.I. 2020/372), 2022/373.

(5)

OJ No. L 40, 11.2.1989, p. 34.

(6)

EUR 2005/37, amended by S.I. 2019/462.

(7)

S.I. 2007/191, as amended by S.I. 2014/1855, 2019/462, 2022/377, 938.

(8)

S.I. 2007/389 (W. 40); relevant amending instruments are S.I. 2014/389, 2018/806, 2019/434 and 2020/1581.

(9)

S.I. 1990/2615.

(10)

OJ No. L 125, 23.5.1996, p. 3.

(11)

OJ No. L 66, 13.3.1999, p. 16.

(12)

S.I. 2009/1584; relevant amending instruments are S.I. 2010/2312, 2019/1013 and 2020/1504.

(13)

S.I. 2009/1795 (W. 162); relevant amending instruments are S.I. 2010/2289, 2018/806 and 2020/1581.

(14)

S.S.I. 2009/261; relevant amending instruments are S.S.I. 2010/328, 2015/100, 2019/52 and 2020/372.

(15)

OJ No. L 66, 13.3.1999, p. 24.

(16)

OJ No. L 66,13.3.1999, p. 26.

(17)

S.I. 2000/3323; as amended by S.I. 2003/1563, 2005/2626, 2014/1855, 2018/575, 2019/526, 1488.

(18)

S.I. 2001/1440 (W. 102); amended by S.I. 2003/3047, 2005/3254, 2014/2303, 2018/806 and 2019/1482.

(19)

S.S.I. 2001/38; amended by S.S.I. 2003/527, 2005/616, 2014/312, 2019/33, 407.

(20)

OJ No. L 197, 3.8.2000, p. 19.

(21)

S.I. 2003/1659; amended by S.I. 2005/2626, 2014/1855, 2018/575, 2019/526.

(22)

S.I. 2003/3037 (W. 285), amended by S.I. 2005/3254, 2014/2303, 2018/806.

(23)

S.S.I. 2003/291, amended by S.S.I. 2005/616, 2014/312, 2019/33.

(24)

OJ No. L 10, 12.1.2002, p. 47.

(25)

S.I. 2015/1348; relevant amendments were made by S.I. 2021/632.

(26)

S.I. 2015/1507 (W. 174); relevant amendments were made by S.I. 2020/1581.

(27)

S.S.I. 2015/208, amended by S.S.I 2005/616, 2009/436, 2014/312 (as amended by S.S.I. 2015/410), 2019/33.

(28)

OJ No. L 10, 12.1.2002, p. 53.

(29)

S.I. 2003/1563, relevant amendments were made by S.I. 2005/2626, 2009/3238, 2014/1855, 2018/575, 2019/526.

(30)

S.I. 2003/3047 (W. 290); relevant amendments were made S.I. 2005/3254, 2009/3378, 2014/2303, 2018/806.

(31)

S.S.I. 2003/527, amended by S.S.I. 2005/616, 2009/436, 2014/312 (as amended by S.S.I. 2015/410), 2019/33.

(32)

OJ No. L 10, 12.1.2002, p. 58.

(33)

S.I. 2013/2775, amended by S.I. 2014/1855, 2018/575, 2019/526.

(34)

S.I. 2013/2750 (W. 267), amended by S.I. 2018/806, 2014/2303.

(35)

S.S.I. 2013/305, amended by S.S.I. 2019/33.

(36)

OJ No. L 10, 12.1.2002, p. 67.

(37)

S.I. 2003/3120, amended by S.I. 2005/2626, 2009/3238, 2012/1809, 2018/575, 2019/526.

(38)

S.I. 2018/274 (W. 50), amended by S.I. 2022/112.

(39)

S.S.I. 2004/133, amended by S.S.I. 2005/616, 2009/436, 2013/177, 266, 2019/33, 2021/477.

(40)

OJ No. L 15, 17.1.2002, p. 19.

(41)

S.I. 2015/675.

(42)

S.I. 2018/275 (W. 51).

(43)

S.S.I. 2003/311, amended by S.S.I. 2003/492, 2005/616, 2006/3, 2008/12, 2009/436, 2019/33.

(44)

OJ No. L 140, 30.5.2002, p. 10.

(45)

S.I. 2015/255.

(46)

S.I. 2016/383 (W. 120).

(47)

S.S.I. 2010/373, amended by S.S.I. 2013/340, 2013/151, 2020/467, 2022/373.

(48)

OJ No. L 183, 12.7.2002, p. 51.

(49)

S.I. 2003/1387, amended by S.I. 2005/2626, 2007/330, 2009/3251, 2014/1855, 2019/651, 2023/131.

(50)

S.I. 2003/1719 (W. 186), amended by S.I. 2005/2759, 2007/1076, 2014/2303, 2019/179, 2023/131.

(51)

S.S.I. 2003/278, amended by S.S.I. 2007/78, 2009/438, 2011/1043, 2014/312, 2019/54, 2023/131.

(52)

OJ No. L 141, 6.6.2009, p. 3.

(53)

S.I. 2013/2210, amended by S.I. 2019/860, 2020/1504, 2022/377, 938, 1351.

(54)

S.I. 2013/2591 (W. 255), amended by S.I. 2018/806 (W. 162), 2020/1581 (W. 331), 2022/1362 (W. 273), 2023/343 (W. 50).

(55)

S.S.I. 2013/266, amended by S.S.I. 2014/312, 2015/100, 2019/53 (itself amended by S.S.I. 2020/372), 285 (itself amended by S.S.I. 2020/372), 2022/265, 373.

(56)

OJ No. L 164, 26.6.2009, p. 45.

(57)

S.I. 2007/2785, amended by S.I. 2009/1598, 2010/433, 2011/451, 2014/1855, 2018/352, 2019/150 (itself amended by S.I. 2020/1501).

(58)

S.I. 2015/1867 (W. 274), amended by S.I. 2017/935 (W. 229), 2019/1046 (W. 185), 2020/1581 (W. 331).

(59)

S.S.I. 2007/483, amended by S.S.I. 2008/273, 2010/89, 127, 2011/94, 2014/312, 2015/100, 363, 2017/287, 2021/66.

(60)

OJ No. L 314, 1.12.2015, p. 1.

(61)

S.I. 2017/848, amended by S.I. 2021/632, 2022/938.

(62)

S.I. 2016/1130 (W. 270), amended by S.I. 2020/1581 (W. 331), 2021/371 (W. 114), 2022/939 (W. 203).

(63)

S.S.I. 2016/422, amended by S.S.I. 2019/285 (itself amended by S.S.I. 2020/372), 2022/265.