The Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (Scotland) Regulations 2004

Scottish Statutory Instruments

2004 No. 395

FOOD

The Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (Scotland) Regulations 2004

Made

14th September 2004

Laid before the Scottish Parliament

15th September 2004

Coming into force

7th October 2004

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Marginal Citations

M1 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8 paragraph 15(3). The function conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (Scotland) Regulations 2004 and come into force on 7th October 2004.

(2) These Regulations extend to Scotland only.

Amendment of the Quick-frozen Foodstuffs Regulations 1990 S

2.—(1) The Quick-frozen Foodstuffs Regulations 1990 M2 shall be amended in accordance with paragraph (2).

(2) In regulation 5 (labelling of quick-frozen foodstuffs) insert at the end–

“(5) In this regulation “Council Directive 89/108/EEC” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick frozen foodstuffs for human consumption M3 as amended by amendments up to and including those effected by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded. ”.M4

Marginal Citations

M2 S.I. 1990/2615, to which there are amendments not relevant to these Regulations.

M3 O.J. No. L 40, 11.2.89, p.34.

M4 O.J. No. L 236, 23.9.03, p.33.

Amendment of the Egg Products Regulations 1993 S

3.—(1) The Egg Products Regulations 1993 M5 shall be amended in accordance with paragraph (2).

(2) In paragraph 1(2)(a)(ii) and (b)(iii) of Schedule 10 (marking of egg products) substitute “ CEE – EØF – EWG – EOK – EEC – EEG – ETY – EHS – EMÜ – EEK – EEB – EGK – KEE – EGS ” for the list of abbreviations set out in each of those paragraphs.

Marginal Citations

M5 S.I. 1993/1520, to which there are amendments not relevant to these Regulations.

Amendment of the Food Labelling Regulations 1996 S

4.—(1) The Food Labelling Regulations 1996 M6 shall be amended in accordance with paragraph (2).

(2) In the definition of “Directive 2000/13” in regulation 2(1) (interpretation) insert after “Commission Directive 2002/86/EC”– “ and as amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, ”.

Marginal Citations

M6 S.I. 1996/1499, amended by S.S.I. 2003/578; there are other amending instruments not relevant to these Regulations.

Amendments to the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 S

5.—(1) The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 M7 shall be amended in accordance with paragraphs (2) and (3).

(2) In the first indent of paragraph 2(1) of Part I of Chapter VII of Schedule 3 (production and placing on the market conditions for fishery products) substitute “ B /CZ /DK /D /EE /EL/ E /F /IRL /I /CY /LV /LT /L /HU /MT /NL /AT /PL /P /SI – /SK /FI /SE /UK ” for the list of abbreviations set out in that indent.

(3) In the third indent of paragraph 2(1) of Part I of Chapter VII of Schedule 3 substitute “ CE– EC – EG – EK – EF – EY – ES – EÜ – EB – KE – WE ” for the list of abbreviations set out in that indent.

Marginal Citations

M7 S.I. 1998/994, to which there are amendments not relevant to these Regulations.

Amendment of the Foods for Special Medical Purposes (Scotland) Regulations 2000 S

6.—(1) The Foods for Special Medical Purposes (Scotland) Regulations 2000 M8 shall be amended in accordance with paragraph (2).

(2) At the end of the definition of “the Directive” in regulation 2 (interpretation) insert– “ as amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ”.

Marginal Citations

M8 S.S.I. 2000/130.

Amendment of the Condensed Milk and Dried Milk (Scotland) Regulations 2003 S

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 7 revoked (1.1.2006) by The Official Feed and Food Controls (Scotland) Regulations 2005 (S.S.I. 2005/616), reg. 1(b), sch. 6

TOM McCABE

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend, in relation to Scotland only, the food legislation specified below to give effect to amendments to European Community food legislation implemented by those Regulations made by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (O.J. No. L 236, 23.9.03, p.33) (“the Act”).

The Regulations–

(a)

add a definition of “Council Directive 89/108/EEC” in regulation 5 of the Quick-Frozen Foodstuffs Regulations 1990 (S.I. 1990/2615 as already amended), thereby providing that the list of languages in which (under paragraphs (2) and (3) of that regulation) it may be indicated that the food concerned is quick-frozen includes the languages of the States which, by virtue of the Act, are new member States of the European Community (regulation 2);

(b)

amend paragraph 1(2) of Schedule 10 to the Egg Products Regulations 1993 (S.I. 1993/1520 as already amended) by substituting a new list of initials including those representing the languages of the new member States for one of the particulars which (under paragraphs (a)(ii) and (b)(iii) of that paragraph) are required to be specified on a label for each consignment of egg products leaving an establishment (regulation 3);

(c)

update the definition of “Directive 2000/13” in regulation 2(1) of the Food Labelling Regulations 1996 (S.I. 1996/1499 as already amended) by including in the list of legislation which amends Directive 2000/13/EC (O.J. No. L 109, 6.5.00, p.29) reference to the Act, thereby extending the coverage of the exports defence in regulation 47 of those Regulations so that the labelling concerning the “use by” date or the labelling requirement concerning irradiated food may be in the language of one of the new member States (regulation 4);

(d)

amend paragraph 2(1) of Schedule 3 to the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994 as already amended) by substituting revised particulars for the particulars which (under the first and third indents of that paragraph) are required to be specified on the packaging of a product or in the accompanying documents for each consignment of fishery products despatched from an establishment, so as to include abbreviations representing the new member States and their languages (regulation 5);

(e)

update the definition of “the Directive” in regulation 2 of the Foods for Special Medical Purposes (Scotland) Regulations 2000 (S.S.I. 2000/130) by including a reference to the amendment made to Commission Directive 1999/21/EC on dietary foods for special medical purposes (O.J. No. L 91, 7.4.99, p.29) by the Act thereby adding names in the languages of the new member States to the list of names under which such foods can be sold (regulation 6); and

(f)

update the reference to Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption (O.J. No. L 15, 17.1.02, p.19) in regulation 8(b) of the Condensed Milk and Dried Milk (Scotland) Regulations 2003 (S.S.I. 2003/311) by adding reference to the amendment of that Directive by the Act, and thereby extending the coverage of the exports defence in regulation 8 of those Regulations by providing that the labelling requirements in regulations 4 and 5 of those Regulations concerning the use of reserved descriptions may be in the language of one of the new member States (regulation 7).

No regulatory impact assessment has been prepared in relation to these Regulations.