2013 No. 3235
The Single Common Market Organisation (Consequential Amendments) Regulations 2013
Made
Laid before Parliament
Coming into force
The Secretary of State, who is a Minister designated F1 for the purposes of making regulations under section 2(2) of the European Communities Act 1972 F2 (“the 1972 Act”) in relation to the common agricultural policy of the European Union, makes these Regulations in exercise of the powers in section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act F3 and sections 6(4), 16(1), 17, 26 and 48(1) of the Food Safety Act 1990 F4 (“the 1990 Act”).
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act. It appears to the Secretary of State that it is expedient for references in these Regulations to the Regulation 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, to be construed as references to that Regulation, as amended from time to time F5.
Insofar as these Regulations are made in exercise of powers under the 1990 Act, the Secretary of State has had regard to advice given by the Food Standards Agency as required by section 48(4A) of the 1990 Act. There has been open and transparent public consultation during the preparation and evaluation of the following Regulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
1972 c 68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.
Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. The Secretary of State's power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.
O.J. L 347, 20.12.2013.
PART 1INTRODUCTORY PROVISIONS
Citation and commencement1
These Regulations may be cited as the Single Common Market Organisation (Consequential Amendments) Regulations 2013 and come into force on the 1st January 2014.
PART 2AMENDMENTS TO REGULATIONS WHICH APPLY TO ENGLAND, WALES, SCOTLAND OR NORTHERN IRELAND
Amendments to the Beef and Pig Carcase Classification (England) Regulations 20102
1
The Beef and Pig Carcase Classification (England) Regulations 2010 F6 are amended as follows.
2
In regulation 2(1) (interpretation) omit the definition of “Council Regulation” and after the definition of “prescribed communication” insert the following definition—
“Regulation (EU) 2013” means the Regulation 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, as amended from time to time;
3
In regulation 2(3) (interpretation) omit sub-paragraph (b).
4
In Part 1 of Schedule 1 (European provisions: bovine carcases)—
a
in column 1 of the table for “Council Regulation” substitute “
Regulation (EU) 2013
”
;
b
in column 2 of the table for “Annex V”, in each place it occurs, substitute “
Annex IV
”
.
5
In the table in Schedule 2 (European provisions: pig carcases)—
a
in column 1 for “Council Regulation” substitute “
Regulation (EU) 2013
”
;
b
in column 2 for “Annex V”, in each place it occurs, substitute “
Annex IV
”
.
Amendments to the Beef and Veal Labelling Regulations 20103
1
The Beef and Veal Labelling Regulations 2010 F7 are amended as follows.
2
For regulation 2(1)(c) (competent authority) substitute—
c
Article 78 of, and Part I of Annex VII to, the Regulation 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, as amended from time to time;
3
For regulation 4(1)(c) (offences under European legislation) substitute—
c
The following provisions of the Regulation 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, as amended from time to time—
i
Article 78 and paragraph II of Part I of Annex VII (classification at the slaughterhouse);
ii
Article 78 and paragraph III of Part I of Annex VII (sales descriptions);
iii
Article 78 and paragraph IV of Part I of Annex VII (compulsory indication on the label);
iv
Article 78 and paragraph V of Part I of Annex VII (recording).
4
In regulation 4(2) (required information in relation to un-prepacked meat) for “paragraph IV(2) of Annex XIa to Council Regulation (EC) No 1234/2007” substitute “
point IV(2) of Part I of Annex VII to the Regulation 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, as amended from time to time
”
.
Amendments to the Drinking Milk (England) Regulations 20084
1
The Drinking Milk (England) Regulations 2008 F8 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
omit the definition of “the Annex”;
b
in the definitions of “drinking milk” and “milk” for “the Annex” substitute “
Part IV
”
;
c
after the definition of “milk” insert—
Part IV” means Part IV of Annex VII to the Regulation 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, as amended from time to time.
3
In regulation 2(2) (interpretation) after “Council Regulation”, in each place it occurs, insert “
or Part IV
”
.
4
Omit regulation 2(3) (interpretation).
5
In regulation 3 (sale or delivery of milk and use of sales description) for “the Annex as read with point III of the Annex” substitute “
Part IV as read with point III of Part IV
”
.
6
Omit regulation 4 (imports of products from outside the EU for sale as drinking milk).
7
In regulation 5(3) (enforcement) for “the Annex” substitute “
Part IV
”
.
8
In regulation 6 (offences and penalties) omit “or 4”.
Amendments to the Eggs and Chicks (England) Regulations 20095
1
The Eggs and Chicks (England) Regulations 2009 F9 are amended as follows.
2
In regulation 3(1) (interpretation) after the definition of “Regulation (EC) No 2160/2003” insert the following definition—
“Regulation (EU) 2013” means the Regulation 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, as amended from time to time;
3
In regulation 3(3) (interpretation) for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to Regulation (EU) 2013
”
.
4
In regulation 3(5)(a) and (6)(a) (interpretation) after “Single CMO Regulation insert “
or Regulation (EU) 2013
”
.
5
In regulation 8 (application of Part 3)—
a
in paragraphs (1) and (2)(a) for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to Regulation (EU) 2013
”
; and
b
in paragraph (2)(b) for “Part A of Annex XIV to the Single CMO Regulation, to the sale of eggs to which point 1(1) of Part A of Annex XIV” substitute “
Part VI of Annex VII to Regulation (EU) 2013, to the sale of eggs to which point 1(1) of Part VI of Annex VII
”
.
6
In regulation 11(1) and (2) (derogations relating to the marking of eggs) for “Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “
Part VI of Annex VII to Regulation (EU) 2013
”
.
7
In Part 1 of Schedule 1 (EU provisions relating to eggs for hatching and chicks contravention of which is an offence)—
a
in the heading under Part 1 insert at the end “
or Regulation (EU) 2013
”
;
b
in the headings to columns 1 and 2 after “Regulation” insert or “
Regulation (EU) 2013
”
;
c
in column 1 for “Article 113(3), first sub-paragraph” substitute “
Article 74 of Regulation (EU) 2013
”
;
d
in column 1 after “Annex XIV”, in each place it occurs, insert “
to the Single CMO Regulation
”
.
8
In Schedule 2 (general EU provisions relating to eggs in shells for consumption contravention of which is an offence)–—
a
for Part 1 (provisions of the Single CMO Regulation) substitute—
PART 1PROVISIONS OF REGULATION (EU) 2013
Column 1
Column 2
Column 3
Relevant provision of Regulation (EU) 2013
Provisions to be read with the provisions of Regulation (EU) 2013 mentioned in column 1
Subject matter
Article 74 insofar as it relates to the marketing of eggs
Part VI of Annex VII to Regulation (EU) No 2013 and Commission Regulation (EC) No. 589/2008
Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part VI of Annex VII to Regulation (EU) 2013 and Commission Regulation (EC) No. 589/2008.
Point II(1) of Part VI of Annex VII
Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008
Quality grading of eggs as Class A (or fresh) or Class B eggs.
Point II(2) of Part VI of Annex VII
Article 4(1) of Commission Regulation (EC) No. 589/2008
Weight grading of Class A eggs.
Point II(3) of Part VI of Annex VII
Prohibition on the delivery of Class B eggs except to the food and non-food industry.
Point III(1) of Part VI of Annex VII, first sub-paragraph
Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008
Marking of Class A eggs.
Point III(1) of Part VI of Annex VII, second sub-paragraph
Articles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008, paragraphs (a) and (b) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 11(1)
Marking of Class B eggs.
Point III(2) of Part VI of Annex VII
Point III(1) of Part VI of Annex VII to Regulation (EU) 2013
Place at which eggs are marked.
Point III(3) of Part VI of Annex VII, first sub-paragraph
Point III(1) of Part VI of Annex VII and the second sub-paragraph of point III(3) of Part VI of Annex VII to Regulation (EU) 2013 and regulation 11(2)
Marking of eggs sold by a producer to the final consumer at a local public market.
Articles 75(2) and (3) of Regulation (EU) 2013
Article 30(2) of Commission Regulation (EC) No. 589/2008
Marking of eggs imported from a third country where the rules applied in relation to those eggs in that country have been found to offer sufficient guarantees as to equivalence with EU legislation
Articles 75(2) and (3) of Regulation (EU) 2013
Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008
Marking of eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with EU legislation have not been provided.
b
in the table in Part 2 (provisions of Commission Regulation (EC) 589/2008)—
i
in column 2 for “point II(1) of Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “
point II(1) of Part VI of Annex VII to Regulation (EU) 2013
”
;
ii
in column 2 for “Point II(2) of Part A of Annex XIV to the Single CMO Regulation” substitute “
Point II(2) of Part VI of Annex VII to Regulation (EU) 2013
”
;
iii
in column 2 for “point III(1) of Part A of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “
point III(2) of Part VI of Annex VII to Regulation (EU) 2013
”
;
iv
in relation to the entry for Article 30(3) in column 2 omit “point IV(3) of Part A of Annex XIV”;
c
in column 2 of the table in Schedule 3 (Community salmonella related controls on eggs in shell for consumption contravention of which is an offence) for “Articles 113(3) and 116 of, and Part A of Annex XIV to, the Single CMO Regulation” substitute “
Article 74 and Part VI of Annex VII to Regulation (EU) 2013
”
.
Amendments to the Food Labelling Regulations 19966
1
The Food Labelling Regulations 1996 F10 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
omit the definition of “Council Regulation 1234/2007”;
F30b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
e
after the definition of “Regulation 1334/2008 on food flavourings” insert the following definition—
Regulation (EU) 2013” means the Regulation 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, as amended from time to time;
F30f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
in the definition of “skimmed milk” for “point III(1) of Annex XIII to Council Regulation 1234/2007” substitute “
point III(1)(d) of Part IV of Annex VII to Regulation (EU) 2013
”
:
F30h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j
in the definition of “wine” for “point” to the end substitute “
point (1) of Part II of Annex VII to Regulation (EU) 2013;
”
.
F303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In regulation 43 (the word wine) in paragraphs (1) and (2) for “point” to the end, substitute “
point (1) of Part II of Annex VII to Regulation (EU) 2013
”
.
F305
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F306
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to the Legislative and Regulatory Reform (Regulatory Functions) Order 20077
In Part 2 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 F12 under the heading “Agriculture, animal health and welfare and horticulture” for “Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)” substitute “
The Regulation 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, as amended from time to time
”
.
Amendments to the Marketing of Fresh Horticultural Produce Regulations 20098
1
The Marketing of Fresh Horticultural Produce Regulations 2009 F13 are amended as follows.
2
In regulation 2(2) (interpretation)—
a
in the definition of “EU marketing rules” for “Council Regulation 1234/2007, and includes the rules relating to those standards contained in Articles 113 and 113a of Council Regulation 1234/2007” substitute “
Regulation (EU) 2013, and includes the rules relating to those standards contained in Articles 74, 75 and 76
”
;
b
omit the definition of “Council Regulation”;
c
in the definition of “general marketing standard” for “Article 113a(1) of Regulation 1234/2007” substitute “
Article 76(1) of Regulation (EU) 2013
”
;
d
in the definition of “horticultural produce” for “Council Regulation 1234/2007” substitute “
Regulation (EU) 2013
”
;
e
after the definition of “re-graded label” insert the following definition—
“"Regulation (EU) No 2013” means the Regulation 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, as amended from time to time;
f
in the definition of specific marketing standards for “Article 113(1)(b) of Council Regulation 1234/2007” substitute “
under Article 75(1)(b) of Regulation (EU) 2013
”
.
3
In regulation 2(3)
(interpretation) for “Council Regulation 1234/2007” substitute “
Regulation (EU) 2013
”
.
Amendments to the Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 20089
1
The Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008 F14 are amended as follows.
2
In regulation 2 (interpretation)—
a
in the definition of “Community aid” for “Article 102(1) of Council Regulation 1234/2007” substitute “
Article 26(1) of Regulation (EU) 2013
”
;
b
omit the definition of “Council Regulation”;
c
after the definition of “national aid” insert the following definition—
“Regulation (EU) 2013” means the Regulation 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, as amended from time to time;
3
In regulation 3(1) (payment of national aid) for “Article 102(2) of Council Regulation 1234/2007” substitute “
Article 217 of Regulation (EU) 2013
”
.
Amendments to the Poultrymeat (England) Regulations 201110
1
The Poultrymeat (England) Regulations 2011 F15 are amended as follows.
2
In regulation 1(3) (application of Regulations to poultrymeat)—
a
for “point I(1) of Part B of Annex XIV to the Single CMO Regulation” substitute “
point 1 of Part V of Annex VII to Regulation (EU) 2013
”
; and
b
for “that Part of that Annex to that Regulation” substitute “
Part B of Annex XIV to the Single CMO Regulation
”
.
3
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
in the definition of “European poultry provision” after “Single CMO Regulation” insert “
or Regulation (EU) 2013
”
;
ii
for the definition of “poultrymeat” substitute “
“poultrymeat” has the meaning given by point II(1) of Part V of Annex VII to Regulation (EU) 2013;
”
;
iii
after the definition of “premises” insert the following definition— “
“Regulation (EU) 2013” means “the Regulation (EU) 2013 of the European Parliament and of the Council 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, as amended from time to time; and
”
b
in paragraph (3) after “Single CMO Regulation” insert “
or Regulation (EU) 2013
”
.
4
In regulation 12 (powers of an authorised officer) for “Single CMO Regulation” substitute “
Regulation (EU) 2013
”
.
5
In Part 1 of Schedule 1 (European poultrymeat provisions – compliance notices)—
a
in the heading under Part 1 after “CMO Regulation” insert “
or Regulation (EU) 2013
”
b
in the heading in column 1 of the table substitute “
Relevant provision of the Single CMO Regulation or Regulation (EU) 2013
”
;
c
in the heading in column 2 of the table after “Single CMO Regulation” insert “
or Regulation (EU) 2013
”
;
d
in column 1 of the table for “Article 113(3), first sub-paragraph” substitute “
Article 74 of Regulation (EU) No /2013
”
;
e
in column 2 of the table for “Article 116 of, and Part B of Annex XIV to the Single CMO Regulation” substitute “
Article 116 and Part B(I)(2) and (3) and (III)(1) of the Annex XIV to the Single CMO Regulation and Part V of Annex VII to Regulation (EU) 2013
”
;
f
in column 3 of the table for “Part B of Annex XIV to the Single CMO Regulation” substitute “
Part B(I)(2) and(3) and (III(I) of Annex XIV to the Single CMO Regulation and Part V of Annex VII to Regulation (EU) 2013
”
;
g
in column 1 of the table after “point III(1) of Part B of Annex XIV” insert “
to the Single CMO Regulation
”
;
h
in column 1 of the table for “point III(2) of Part B of Annex XIV” substitute “
point III of Part V of Annex VII to Regulation (EU) 2013
”
; and
i
in column 2 of the table for “Part B of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “
Part V of Annex VII to Regulation (EU) 2013
”
.
6
In Part 2 of Schedule 1 (provisions of the Commission Regulation)—
a
in column 2 for “Points III(1) and (2) of Part B of Annex XIV to the Single CMO Regulation” substitute “
Point III(1) of Part B of Annex XIV to the Single CMO Regulation and point III of Part V of Annex VII to Regulation (EU) 2013
”
; and
b
for “Point II(3) of Part B of Annex XIV to the Single CMO Regulation” substitute “
Point II(3) of Part V of Annex VII to Regulation (EU) 2013
”
.
Amendments to the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 200811
1
The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008 F16 are amended as follows.
2
In regulation 2 (interpretation)—
a
In paragraph (1), after the definition of “food authority”, insert—
“Regulation (EU) 2013” means the Regulation 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, as amended from time to time
b
in paragraph (2) after the definition of “Council Regulation”, in each place it occurs, insert “
Regulation (EU) 2013
”
.
3
In regulation 6(2) (offences and penalty for breach of any EU provision)—
a
in sub-paragraph (a) for “Annex XII to that Regulation” substitute “
Part III of Annex VII to Regulation (EU) 2013
”
;
b
for sub-paragraph (b)(i) substitute “
(i) points 1,3,5 and 6 of Part II and point 2 of Part IV of Annex XV to the Council Regulation
”
;
c
insert after sub-paragraph (b) “
(ba) Articles 75(1)(h) and 78(1) and (2) of Regulation (EU) 2013 (definitions, designations and sales descriptions applying to spreadable fats) as read with Part VII of Annex VII to that Regulation
”
.
Amendments to the Weights and Measures (Intoxicating Liquor) Order 198812
1
The Weights and Measures (Intoxicating Liquor) Order 1988 F17 is amended as follows:
2
In column 2 of the table in Schedule A1—
a
in relation to the entry for “still wine”, for “point 1 of Annex XIb to Council Regulation No (EC) 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “
point(1) of Part II of Annex VII to the Regulation 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, as amended from time to time
”
;
b
in relation to the entry for “sparkling wine”, for “points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation No (EC) 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “
points (4) to (9) of Part II of Annex VII to the Regulation 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, as amended from time to time
”
;
c
in relation to the entry for “liqueur wine”, for “point 3 of Annex XIb to Council Regulation No (EC) 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “
point (3) of Part II of Annex VII to the Regulation 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, as amended from time to time
”
.
Amendments to the Wine Regulations 201113
1
The Wine Regulations 2011 F18 are amended as follows.
2
In regulation 2(2) (interpretation)—
a
in the definition of “European Regulations” for sub-paragraph (b) substitute—
b
the provisions of the Regulation 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, as amended from time to time, (“Regulation (EU) 2013”),
b
in the definition of “wine sector product” for “Annex XIb” to the end substitute “
Part II of Annex VII to Regulation (EU) 2013
”
.
3
In regulation 4(2)(a)(ii) (competent authority) for “Article 118o of Council Regulation (EC) No 1234/2007” substitute “
Article 146(1) of Regulation (EU) 2013
”
.
4
In regulation 14 (offences)—
a
in paragraph (1)(a) for “Article 118m(2) of Council Regulation (EC) No 1234/2007” substitute “
Article 103(2) of Regulation (EU) 2013
”
;
b
in paragraph (1)(b) for “Article 118v(1) of Council Regulation (EC) No 1234/2007” substitute “
Article 113(1) of Regulation (EU) 2013
”
and for “Article 118u(1)” substitute “
Article 112
”
;
c
in paragraph (1)(c) for “Article 120c of Council Regulation (EC) No 1234/2007” substitute “
Article 80(1), third sub-paragraph, of Regulation (EU) 2013
”
; and
d
in paragraph (d) for “Article 158a(2) of Council Regulation (EC) No 1234/2007” substitute “
Article 90(2) of Regulation (EU) 2013
”
.
5
In paragraph 1 of Schedule 1 (protected geographical indications) for “Article 118c(2)(h) of Council Regulation (EC) No 1234/2007” substitute “
Article 94(2)(h) of Regulation (EU) 2013
”
.
6
In paragraph 1 of Schedule 2 (protected designations of origin) for “Article 118c(2)(h) of Council Regulation (EC) No 1234/2007” substitute “
Article 94(2)(h) of Regulation (EU) 2013
”
.
PART 3AMENDMENTS TO REGULATIONS THAT RELATE ONLY TO SCOTLAND
Amendments to the Milk and Dairies (Scotland) Regulations 199014
1
The Milk and Dairies (Scotland) Regulations 1990 F19 are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “milk” for “Annex XIII to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)” substitute “
Part IV of Annex VII to and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007;
”
.
Amendments to the Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 200115
1
The Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001 F20 are amended as follows.
2
In regulation 2 (interpretation)—
a
in the definition of “Community aid” for “Article 102(2)” substitute “
Article 26(1)
”
; and
b
for the definition of “Council Regulation” substitute—
“Council Regulation” means the Regulation 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, as amended from time to time;
3
In regulation 3—
a
in the heading, for “Article 102(2)”, substitute “
Articles 26(5) and 217
”
; and
b
in paragraph (1), for “Article 102(2)”, substitute “
Articles 26(5) and 217
”
.
Amendments to the Food Hygiene (Scotland) Regulations 200616
1
The Food Hygiene (Scotland) Regulations 2006 F21 are amended as follows.
2
In paragraph 2(2)(g) of Schedule 4 (Temperature control requirements) for “Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products” substitute “
the Regulation 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
”
.
Amendments to the Spreadable Fats, Milk and Milk Products (Scotland) Regulations 200817
1
The Spreadable Fats, Milk and Milk Products (Scotland) Regulations 2008 F22 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “the Act” insert—
“Council Regulation 2013” means the Regulation 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;
3
In regulation 6(2) (offences and penalty for breach of any EU provision)-
a
in sub-paragraph (a) for “Annex XII to that Regulation” substitute “
Part III of Annex VII to Council Regulation 2013
”
;
b
for sub-paragraph (b)(i) substitute “
(i) points 1,3,5 and 6 of Part II and point 2 of Part IV of Annex XV to the Council Regulation
”
;
c
after sub-paragraph (b) insert “
(bc) Article 78(1)(f) and (2) of Council Regulation 2013 (definitions, designations and sales descriptions applying to spreadable fats) as read with Part VII of Annex VII to Council Regulation 2013; and
”
.
Amendments to the Eggs and Chicks (Scotland) (No. 2) Regulations 200818
1
The Eggs and Chicks (Scotland) (No. 2) Regulations 2008 F23 are amended as follows.
2
In regulation 2 (interpretation)—
a
in paragraph (1), after the definition of “Council Directive 1999/74/EC” insert “
“Council Regulation 2013” means the Regulation 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, as amended from time to time
”
;
b
in paragraph (3), for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to Council Regulation 2013
”
;
c
in paragraph (4)—
i
omit the full stop at the end of sub-paragraph (b); and
ii
at the end of sub-paragraph (b) insert—
or the Council Regulation 2013 mentioned in column 1 of Part 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part;
d
in paragraph 5(a), for “the Single CMO Regulation” substitute “
the Council Regulation 2013
”
.
3
In regulation 3 (products to which these Regulations apply)—
a
in paragraph (1)(b), for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to Council Regulation 2013
”
;
b
in paragraph (2)(b), for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to Council Regulation 2013
”
; and
c
for paragraph (2)(c) substitute—
c
except in so far as they relate to the requirement imposed by point III(3) of Part VI of Annex VII to Council Regulation 2013, the sale of eggs to which point I(1) of Part VI of Annex VII to that Regulation and Commission Regulation (EC) No. 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.
4
In regulation 9 (derogations relating to the marking of eggs)—
a
in paragraph (1) for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to Council Regulation 2013
”
;
b
in paragraph (2)—
i
for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to Council Regulation 2013
”
; and
ii
for “Part A of Annex XIV to the Council Regulation” substitute “
Part VI of Annex VII to Council Regulation 2013
”
.
5
In Schedule 1 (EU provisions relating to eggs for hatching and chicks contravention of which is an offence), in part 1 (provisions of the Single CMO Regulation)—
a
in the heading insert at the end “
or Council Regulation 2013
”
;
b
for the heading to column 1 substitute “
Relevant EU provision
”
;
c
in column 1, for “Article 113(3) substitute “
Article 74 of the Council Regulation 2013
”
;
d
in column 1, after “Annex XIV”, in each place it occurs, insert “
to the Single CMO
”
;
6
In Schedule 2 (EU provisions relating to eggs in shell for consumption contravention of which is an offence),
a
for Part 1 (provisions of the Single CMO Regulation) substitute—
PART 1PROVISIONS OF COUNCIL REGULATION 2013
Column 1
Column 2
Column 3
Relevant provision of Council Regulation 2013
Provisions to be read with the provisions of Council Regulation 2013 mentioned in column 1
Subject matter
Article 75 insofar as it relates to the marketing of eggs
Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008
Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008.
Point II(1) of Part VI of Annex VII
Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008
Grading of eggs as class A (“fresh”) or class B.
Point II(2) of Part VI of Annex VII
Article 4(1) of Commission Regulation (EC) No. 589/2008
Weight grading of class A eggs.
Point II(3) of Part VI of Annex VII
Prohibition on the delivery of class B eggs except to the food and non food industry.
Point III(1) of Part VI of Annex VII, first sub paragraph
Point III(3) of Part VI of Annex VII to Council Regulation 2013 and Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008
Marking of class A eggs.
Point III(1) of Part VI of Annex VII, second sub paragraph
Articles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008, paragraphs (a) and (b) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 9(1)
Marking of class B eggs.
Point III(2) of Part VI of Annex VII
Point III(1) of Part VI of Annex VII to Council Regulation 2013
Place at which eggs are marked.
Point III(3) of Part VI of Annex VII, first sub paragraph
Point III(1) of Part VI of Annex VII and the second sub-paragraph of point III(3) of Part VI of Annex VII to Council Regulation 2013
Marking of eggs sold by a producer to the final consumer at a local public market.
Articles 75(2) and (3) of Council Regulation 2013
Article 30(2) of Commission Regulation (EC) No. 589/2008
Marking of eggs imported from a third country where the rules applied in relation to those eggs in that country have been found to offer sufficient guarantees as to equivalence with EU legislation
Articles 75(2) and (3) of Council Regulation 2013
Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008
Marking of eggs and packs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with EU legislation have not been provided.
b
in Part 2 (provisions of Commission Regulation (EC) No. 589/2008)—
i
in relation to the entry for Article 2(1) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, first indent, to the Single CMO Regulation” substitute “
Part VI of Annex VII, paragraph (a), to the Council Regulation 2013
”
;
ii
in relation to the entry for Article 2(4) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, second indent, to the Single CMO Regulation” substitute “
Part VI of Annex VII, paragraph (b), to the Council Regulation 2013
”
;
iii
in relation to the entry for Article 4(1) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV to the Single CMO Regulation” substitute “
Part VI of Annex VII to the Council Regulation 2013
”
;
iv
in relation to the entry for Article 8(5) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, second sub-paragraph, of the Single CMO Regulation”, substitute “
Part VI of Annex VII, second sub-paragraph, to the Council Regulation 2013
”
;
v
in relation to the entry for Article 10 of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, second sub-paragraph to the Single CMO Regulation”, substitute “
Part VI of Annex VII, second sub-paragraph, to the Council Regulation 2013
”
; and
vi
in relation to the entry for Article 30(3) of Commission Regulation (EC) No. 589/2008 in column 2, omit “Point IV(3) of Part A of Annex XIV to the Single CMO Regulation and”.
7
In Schedule 2A (EU provisions relating to eggs in shell for consumption: salmonella control related requirements where the contravention of which is an offence) in relation to the entry for Point 2, second sub-paragraph, paragraph (a), of Part D of Annex II of Regulation (EC) No. 2160/2003, in column 2, for “Part A of Annex XIV to, the Single CMO Regulation” substitute “
Part VI of Annex VII to the Council Regulation 2013
”
.
Amendments to the Marketing of Horticultural Produce (Scotland) Regulations 200919
1
The Marketing of Horticultural Produce (Scotland) Regulations 2009 F24 are amended as follows.
2
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
in the definition of “EU marketing rules” for “Council Regulation 1234/2007, and includes the rules relating to those standards contained in Articles 113 and 113a” substitute “
Council Regulation 2013 and includes the rules relating to those standards contained in Articles 74, 75 and 76
”
;
ii
for the definition of “Council Regulation 1234/2007” substitute—
“Council Regulation 2013” means the Regulation 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, as amended from time to time
iii
in the definition of “general marketing standard” for “Article 113a(1) of Council Regulation 1234/2007” substitute “
for Article 76(1) of Council Regulation 2013
”
;
iv
in the definition of “horticultural produce” for “Council Regulation 1234/2007” substitute “
Council Regulation 2013
”
; and
v
in the definition of “specific marketing standards” for “Article 113(1)(b) of Council Regulation 1234/2007” substitute “
Article 75(1)(b) of Council Regulation 2013
”
; and
b
in paragraph (3), for “Council Regulation 1234/2007” substitute “
Council Regulation 2013
”
.
Amendments to the Beef and Pig Carcase Classification (Scotland) Regulations 201020
1
The Beef and Pig Carcase Classification (Scotland) Regulations 2010 F25 are amended as follows.
2
In regulation 2(1) (interpretation), for the definition of “Council Regulation” substitute—
“Council Regulation” means the Regulation 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, as amended from time to time;
3
In Schedule 1 (European provisions: bovine carcases), in Part 1, column 1 for “Annex V”, in each place it occurs, substitute “
Annex IV
”
.
4
In Schedule 2 (European provisions: pig carcases), in column 1 for “Annex V”, in each place it occurs, substitute “
Annex IV
”
.
Amendments to the Beef and Veal Labelling (Scotland) Regulations 201021
1
The Beef and Veal Labelling (Scotland) Regulations 2010 F26 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
omit the definition of “Council Regulation 1234/2007”;
b
after the definition of “Commission Regulation 566/2008” insert—
“the EU Regulation” means the Regulation 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, as amended from time to time;
3
For regulation 3(1)(c) (authorities responsible for enforcement) substitute—
c
Article 78 of, and Part I of Annex VII to, the EU Regulation;
4
In regulation 4 (offences under European legislation)—
a
for paragraph (1)(c) substitute—
c
the following provisions of the EU Regulation—
i
Article 78 and paragraph II of Part I of Annex VII (classification of bovine animals aged less than 12 months at the slaughterhouse);
ii
Article 78 and paragraph III of Part I of Annex VII (sales descriptions);
iii
Article 78 and paragraph IV of Part I of Annex VII (compulsory information on the label);
iv
Article 78 and paragraph V of Part I of Annex VII (recording); and
v
paragraph VI(5) of Part I of Annex VII (official checks);
b
in paragraph (2), for “paragraph IV(2) of Annex XIa to Council Regulation 1234/2007,” substitute “
paragraph IV(2) of Part I of Annex VII to the EU Regulation 2013,
”
.
Amendments to the Drinking Milk (Scotland) Regulations 201122
1
The Drinking Milk (Scotland) Regulations 2011 F27 are amended as follows.
2
In regulation 2 (interpretation)
a
in paragraph (1), for the definition of “the Annex” substitute—
“the Annex” means Part IV of Annex VII to the Regulation 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;
b
in paragraph (2), after “Council Regulation”, in each place it occurs, insert “
or the Annex
”
.
3
Omit regulation 4.
4
In regulation 6 (offences and penalties) omit “or 4”.
Amendments to the Poultrymeat (Scotland) Regulations 201123
1
The Poultrymeat (Scotland) Regulations 2011 F28 are amended as follows.
2
In regulation 1(4)—
a
for “point I(1) of Part B of Annex XIV to the Single CMO Regulation” substitute “
point 1 of Part V of Annex VII to Council Regulation 2013
”
; and
b
for “that Part of that Annex to that Regulation” substitute “
Part B of Annex XIV to that Regulation
”
.
3
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
after the definition of “contravene” insert
“Council Regulation 2013” means the Regulation 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, as amended from time to time;
ii
in the definition of “European poultry provision” after “Single CMO Regulation” insert “
or, as the case may be, Council Regulation 2013
”
;
iii
for the definition of “poultrymeat” substitute—
“poultrymeat” “has the meaning given by point II(1) of Part V of Annex VII to Council Regulation 2013;
b
in paragraph (3) after “Single CMO Regulations” insert “
or, as the case may be, Council Regulation 2013
”
.
4
In regulation 11(1)(a)(v) (powers of an authorised officer) for “Single CMO Regulation” substitute “
Council Regulation 2013
”
.
5
In Part 1 of Schedule 1 (European poultry meat provisions – contravention of which is an offence)—
a
for the heading under Part 1 after “SINGLE CMO REGULATION” insert “
OR THE COUNCIL REGULATION 2013
”
b
for the heading in column 1 substitute “
Relevant provision of the Single CMO or Council Regulation 2013
”
;
c
in the heading in column 2 after “Single CMO Regulation” insert “
or Council Regulation 2013
”
;
d
in column 1 for “Article 113(3), first sub-paragraph” substitute “
Article 74 of the Council Regulation 2013
”
;
e
in column 2 for “Article 116 of, and Part B of Annex XIV to the Single CMO Regulation” substitute “
Article 116 of, and Part B (I)(2) and (3) and (III)(1) of the Single CMO Regulation and Part V of Annex VII to the Council Regulation 2013
”
;
f
in column 1 after “point III(1) of Part B of Annex XIV” insert “
to the Single CMO Regulation
”
;
g
in column 1 for “point III(2) of Part B of Annex XIV” substitute “
point III of Part V of Annex VII to Council Regulation 2013
”
; and
h
in column 2 for “Part B of Annex XIV to the Single CMO Regulation”, in each place it occurs, substitute “
Part V of Annex VII to Council Regulation 2013
”
.
6
In Part 2 of Schedule 1 (provisions of the EU Regulation)—
a
in column 2 for “Points III(1) and (2) of Part B of Annex XIV to the Single CMO Regulation” substitute “
Point III(1) of Part B of Annex XIV to the Single CMO Regulation and Point III of Part V of Annex VII to Council Regulation 2013
”
; and
b
for “Point II(3) of Part B of Annex XIV to the Single CMO Regulation” substitute “
Point II(3) of Part V of Annex VII to Council Regulation 2013
”
.
Amendments to the Marketing of Bananas (Scotland) Regulations 201224
1
The Marketing of Bananas (Scotland) Regulations 2012 F29 are amended as follows.
2
In regulation 2 (interpretation)—
a
in paragraph (1)(a) of the definition of “bananas” for “CN code 0803 00 19 as provided for in Part XI of Annex 1 to Council Regulation 1234/2007” substitute “
CN code 0803 90 10 as provided for in Part XI of Annex I to Council Regulation 2013
”
;
b
for the definition of “Council Regulation 1234/2007” substitute—
“Council Regulation 2013”“ means the Regulation 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, as amended from time to time
c
in paragraph (2) for “Council Regulation 1234/2007” substitute “
Council Regulation 2013
”
.
3
In Regulation 3(1)
(designations, provision of information and appointment of authorised officers)
– for “Article 113(3) of Council Regulation 1234/2007” substitute “
Article 74 of Council Regulation 2013
”
.
S.I. 1972/1811. The function of the Minister of Agriculture of making regulations under section 2(2) of the European Communities Act 1972 was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).