2018 No. 575

Agriculture, England

Livestock Industries

Animals, England

Animal Health

Animal Welfare

Coast Protection, England

Environmental Protection, England

Flood Risk Management, England

Food, England

Horticulture, England

Plant Health, England

Sea Fisheries, England

Conservation Of Sea Fish

Seeds, England

Waste, England

Water, England

Water Resources, England

The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

Made8th May 2018

Laid before Parliament10th May 2018

Coming into force

provisions mentioned in regulation 1(2)(a) to (e)5th July 2018

remainder1st June 2018

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a)

except so far as relating to regulations 14 and 15, section 2(2) of the European Communities Act 19721;

(b)

so far as relating to regulation 14, sections 103(1) to (3) and 104(4) and (6) of the Water Act 20032;

(c)

so far as relating to regulation 15, sections 16(1)(a) and 48(1)(c) of the Food Safety Act 19903.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—

(a)

the common agricultural policy4;

(b)

the environment5;

(c)

measures in the veterinary and phytosanitary fields for the protection of public health6;

(d)

measures relating to food (including drink) including the primary production of food7;

(e)

measures relating to the control and regulation of genetically modified organisms8;

(f)

measures relating to the prevention, reduction and elimination of pollution caused by waste9;

(g)

medicinal products10.

So far as these Regulations are made in exercise of powers under the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of that Act11.

There has been consultation, 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 safety12, during the preparation and evaluation of these Regulations so far as they relate to food.

PART 1Introduction

Citation, commencement, extent and application1.

(1)

These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018.

(2)

They come into force on 1st June 2018, except for the following provisions which come into force on 5th July 2018—

(a)

regulation 4(2);

(b)

regulations 6 and 7;

(c)

regulation 11(3);

(d)

regulation 12(2);

(e)

regulation 13.

(3)

They extend to England and Wales.

(4)

The following regulations apply in relation to England only—

(a)

regulation 2;

(b)

regulations 6 and 7;

(c)

regulation 9;

(d)

regulations 14 and 15;

(e)

regulations 25 and 26;

(f)

regulations 30 and 31.

(5)

Regulation 12 applies to England and the sea adjacent to England out as far as the seaward boundary of the territorial sea.

(6)

In paragraph (5), the sea adjacent to England has the same meaning as in regulation 1(4) and (5) of the Environmental Permitting (England and Wales) Regulations 201613.

PART 2Amendments to legislation concerning the environment

The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 19962.

(1)

The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 199614 are amended as follows.

(2)

In regulation 1(3)—

(a)

after the definition of “the Act” omit “and”;

(b)

in the definition of “the Contained Use Regulations”, for “the Genetically Modified Organisms (Contained Use) Regulations 200015” substitute “the Genetically Modified Organisms (Contained Use) Regulations 201416”.

(3)

In regulation 3(2)—

(a)

in sub-paragraph (b)(ii), for “regulation 3(2)” substitute “regulation 3(1)”;

(b)

in sub-paragraph (d), for “the Genetically Modified Organisms (Deliberate Release) Regulations 199217” substitute “the Genetically Modified Organisms (Deliberate Release) Regulations 200218”.

The Genetically Modified Organisms (Deliberate Release) Regulations 20023.

(1)

The Genetically Modified Organisms (Deliberate Release) Regulations 2002 are amended as follows.

(2)

In regulation 2, in the definition of “the Contained Use Directive”, for the words from “Council Directive” to the end substitute “Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms19”.

(3)

For regulation 12(4)(c) substitute—

“(c)
any person, or member of a genetic modification safety committee, from whom advice must be obtained under regulation 8 of the Genetically Modified Organisms (Contained Use) Regulations 2014,”.

The Hazardous Waste (England and Wales) Regulations 20054.

(1)

The Hazardous Waste (England and Wales) Regulations 200520 are amended as follows.

(2)

In regulation 2(1)(a), at the end insert “, as last amended by Council Regulation (EU) 2017/99721”.

(3)

In regulation 12(3), for “Council Regulation 259/93/EEC22” substitute “Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste23”.

(4)

In Schedule 7, in paragraph 1(b), for the words from “the Annex” to “1994” substitute “Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste”.

The Contaminated Land (England) Regulations 20065.

In regulation 3(b)(ii) of the Contaminated Land (England) Regulations 200624, after “water policy” insert “, as last amended by Commission Directive 2014/101/EU25”.

The Producer Responsibility Obligations (Packaging Waste) Regulations 20076.

In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 200726, in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

The Waste (England and Wales) Regulations 20117.

In regulation 3(1) of the Waste (England and Wales) Regulations 201127, in the definition of “the Waste Framework Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

The Incidental Flooding and Coastal Erosion (England) Order 20118.

In article 3(4) of the Incidental Flooding and Coastal Erosion (England) Order 201128—

(a)

in sub-paragraph (b), at the end insert “, as last amended by Council Directive 2013/17/EU29”;

(b)

in sub-paragraph (c), after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”;

(c)

after sub-paragraph (c) omit “and”;

(d)

in sub-paragraph (d), at the end insert “, as amended by Council Directive 2013/17/EU”.

The Bathing Water Regulations 20139.

In regulation 2(2) of the Bathing Water Regulations 201330, after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”.

The Nitrate Pollution Prevention Regulations 201510.

(1)

The Nitrate Pollution Prevention Regulations 201531 are amended as follows.

(2)

In regulation 2(3), in the definition of “Council Directive 98/83/EC32”, at the end insert “, as last amended by Commission Directive (EU) 2015/178733”.

(3)

In regulation 4(4), for the words from “in accordance with” to the end substitute “by subtracting the amount of nitrite from the amount of total oxidised nitrogen (“TON”), where both nitrite and TON are calculated using the method known as molecular absorption spectrophotometry”.

The Environmental Damage (Prevention and Remediation) (England) Regulations 201511.

(1)

The Environmental Damage (Prevention and Remediation) (England) Regulations 201534 are amended as follows.

(2)

In Schedule 1, in paragraph 5(3), for “the Conservation of Habitats and Species Regulations 201035” substitute “the Conservation of Habitats and Species Regulations 201736”.

(3)

In Schedule 2, in paragraph 3(1)(e), at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

The Environmental Permitting (England and Wales) Regulations 201612.

(1)

The Environmental Permitting (England and Wales) Regulations 2016 are amended as follows.

(2)

In regulation 3, in the definition of “the Waste Framework Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

(3)

In Schedule 10, in paragraph 5—

(a)

in sub-paragraph (4), for the words from “Regulation” to the end substitute “Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury37”;

(b)

omit sub-paragraph (5).

The Town and Country Planning (Environmental Impact Assessment) Regulations 201713.

In Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) Regulations 201738, in paragraph 9, for “of 19 November 2008 on waste” substitute “on waste, as last amended by Council Regulation (EU) 2017/997,”.

The Water Abstraction (Transitional Provisions) Regulations 201714.

In regulation 9 of the Water Abstraction (Transitional Provisions) Regulations 201739, for paragraph (3) substitute–—

“(3)
In paragraph (1), an abstraction of more limited extent does not include—
(a)
a Qn95 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply does not support good ecological potential, good ecological status or good quantitative status, or
(b)
75% of Qn99 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply supports good ecological potential, good ecological status or good quantitative status.”.

PART 3Amendments to legislation concerning food

The Bread and Flour Regulations 199815.

In regulation 2(1) of the Bread and Flour Regulations 199840, in the definition of “food additive”, for “the Miscellaneous Food Additives Regulations 199541” substitute “Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives42”.

The Coffee Extracts and Chicory Extracts (England) Regulations 200016.

In regulation 7(3) of the Coffee Extracts and Chicory Extracts (England) Regulations 200043, for the words from “paragraphs 1 and 2” to “human consumption” substitute “Annex 3 to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules44”.

The Specified Sugar Products (England) Regulations 200317.

(1)

The Specified Sugar Products (England) Regulations 200345 are amended as follows.

(2)

In regulation 2, omit the definitions of “EEA Agreement” and “EEA State”.

(3)

In Schedule 1, in the table—

(a)

in entry 5, in column 2, in sub-paragraph (c), for “paragraph 4” substitute “paragraph 3”;

(b)

in entry 11, in column 2, for “paragraph (2)” substitute “paragraph 3”.

The Cocoa and Chocolate Products (England) Regulations 200318.

In regulation 2(1) of the Cocoa and Chocolate Products (England) Regulations 200346 omit the definitions of “EEA Agreement” and “EEA State”.

The Jam and Similar Products (England) Regulations 200319.

(1)

The Jam and Similar Products (England) Regulations 200347 are amended as follows.

(2)

In regulation 2(1)—

(a)

omit the definition of “the 1996 Regulations”;

(b)

in the definition of “ingredient”, for “the 1996 Regulations” substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;

(c)

in the definition of “labelling”, for “the 1996 Regulations” substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;

(d)

in the definition of “permitted sweetener”, for “the Food Additives (England) Regulations 200948” substitute “Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives”;

(e)

after the definition of “preparation” insert—

““Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers49;”.

(3)

In regulation 5—

(a)

in paragraph (1)—

(i)

in the words before sub-paragraph (a), omit the words from the beginning to “Regulations,”;

(ii)

in sub-paragraph (b), for “the 1996 Regulations” substitute “Regulation (EU) No 1169/2011”;

(b)

in paragraph (2)—

(i)

in the words before sub-paragraph (a), omit the words from the beginning to “Regulations,”;

(ii)

in sub-paragraph (c), for “Schedule 7 to the 1996 Regulations” substitute “Articles 30 to 35 of Regulation (EU) No 1169/2011”.

(4)

Omit regulation 6.

(5)

In Schedule 2, in paragraph 2(d), for “Directive 95/2/EC50” substitute “Regulation (EU) No 1333/2008 of the European Parliament and of the Council on food additives”.

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 200820.

In regulation 2(1) of the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 200851, in the definition of “Regulation (EU) 2013”, for the words from “the Regulation” to “1234/2007” substitute “Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products52”.

The Drinking Milk (England) Regulations 200821.

In regulation 2(1) of the Drinking Milk (England) Regulations 200853—

(a)

in the definition of “Part IV”, for the words from “Part IV of” to “1234/2007” substitute “Part 4 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products”;

(b)

after the definition of “Part IV” omit “and”.

The Eggs and Chicks (England) Regulations 200922.

(1)

The Eggs and Chicks (England) Regulations 200954 are amended as follows.

(2)

In regulation 3—

(a)

in paragraph (1)—

(i)

in the definition of “Regulation (EU) 2013”, for the words from “the Regulation” to “1234/2007” substitute “Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products”;

(ii)

after the definition of “Regulation (EU) 2013” omit “and”;

(b)

in paragraph (6)(a) omit “the Single CMO Regulation or”.

(3)

In Schedule 2—

(a)

in Part 1, in the first column of the table, in both entries relating to Article 75(2) and (3), omit “of Regulation (EU) 2013”;

(b)

in Part 2, in the second column of the table, for the entry relating to the first and second sub-paragraphs of Article 12(2), for the words from “Article 2” to “foodstuffs” substitute “Article 23(1) of Regulation (EU) 834/2007 on organic production and labelling of organic products55”.

The Poultrymeat (England) Regulations 201123.

In regulation 2(1) of the Poultrymeat (England) Regulations 201156—

(a)

in the definition of “Regulation (EU) 2013”, for the words from “the Regulation (EU) 2013” to “1234/2007” substitute “Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products”;

(b)

after the definition of “Regulation (EU) 2013” omit “and”.

The Fruit Juices and Fruit Nectars (England) Regulations 201324.

(1)

The Fruit Juices and Fruit Nectars (England) Regulations 201357 are amended as follows.

(2)

Omit regulation 22.

(3)

In Schedule 7, in Part 1—

(a)

in paragraph 1, for “juice” substitute “product”;

(b)

in paragraph 2, in the words before sub-paragraph (a), for “juices” substitute “products”.

(4)

In Schedule 9, after paragraph 9 insert—

“10.
Plant proteins for clarification from—
(a)
wheat,
(b)
peas,
(c)
potatoes, or
(d)
any combination of them.”.

PART 4Amendments to legislation concerning agriculture

The Marketing of Vegetable Plant Material Regulations 199525.

(1)

The Marketing of Vegetable Plant Material Regulations 199558 are amended as follows.

(2)

In regulation 5(d)(i), for “the Vegetable Seeds Regulations 199359” substitute “the Seed Marketing Regulations 201160”.

(3)

In regulation 8(4), for “the Vegetable Seeds Regulations 1993” substitute “the Seed Marketing Regulations 2011”.

The Marketing of Ornamental Plant Propagating Material Regulations 199926.

(1)

The Marketing of Ornamental Plant Propagating Material Regulations 199961 are amended as follows.

(2)

In regulation 2(1)—

(a)

omit the definition of “Directive 77/93/EEC”;

(b)

in the definition of “Directive 98/56/EC”, at the end insert “, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council62”;

(c)

after the definition of “Directive 98/56/EC” insert—

““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community63;”.

(3)

In regulation 7(4), for “regulation 15 of the Plant Health (Great Britain) Order 199364” substitute “article 25 of the Plant Health (England) Order 201565”.

(4)

In regulation 8(3)—

(a)

for the words from “plant pest” to “1993” substitute “notifiable plant pest as defined in article 42(3) of the Plant Health (England) Order 2015”;

(b)

for “article 20” substitute “article 42”.

(5)

In regulation 9(2), for “Council Directive 77/93/EEC” substitute “Directive 2000/29/EC”.

(6)

In regulation 12(3), for the words from “article 12(5)” to the end substitute “article 9(1) of the Plant Health (England) Order 2015”.

The Marketing of Fresh Horticultural Produce Regulations 200927.

In regulation 2(2) of the Marketing of Fresh Horticultural Produce Regulations 200966, for the definition of “Regulation (EU) No 2013” substitute—

““Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time;”.

The Beef and Pig Carcase Classification (England) Regulations 2010F128.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Seed Potatoes (England) Regulations 201529.

In regulation 3 of the Seed Potatoes (England) Regulations 201570—

(a)

in the definition of “the Decision”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2016/32071”;

(b)

in the definition of “the Directive”, at the end insert “, as last amended by Commission Implementing Directive (EU) 2016/31772”.

PART 5Amendments to legislation concerning animals

The Importation of Embryos, Ova and Semen Order 198030.

(1)

The Importation of Embryos, Ova and Semen Order 198073 is amended as follows.

(2)

In article 2—

(a)

in paragraph (a), for “the Animal Health Act 198174” substitute “the Act”;

(b)

in paragraph (b), for “section 84(3)(a) and (b)” substitute “section 88(1) and (3)”.

(3)

In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 195075” substitute “the Animal Health Act 1981”.

(4)

Omit article 9.

The Importation of Animal Products and Poultry Products Order 198031.

(1)

The Importation of Animal Products and Poultry Products Order 198076 is amended as follows.

(2)

In article 2—

(a)

in the words before paragraph (a), for “the Animal Health Act 1981 (“the 1981 Act”)” substitute “the Act”;

(b)

in paragraphs (a) and (b), for “the 1981 Act” substitute “the Act”.

(3)

In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950” substitute “the Animal Health Act 1981”.

(4)

Omit article 10.

The Diseases of Poultry (England) Order 200332.

(1)

The Diseases of Poultry (England) Order 200377 is amended as follows.

(2)

In article 3(1)—

(a)

after the definition of ““Chief Veterinary Officer” insert—

““Council Directive 2005/94/EC” means Council Directive 2005/94/EC on Community measures for the control of avian influenza78;”;

(b)

in the definition of “disinfect”, for “the Diseases of Animals (Approved Disinfectants) Order 197879” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 200780”.

(3)

In article 6(2), for “Annex III of Council Directive 92/40/EEC81” substitute “Article 50 of Council Directive 2005/94/EC”.

(4)

In Schedule 1—

(a)

in Part 1, in paragraph 6, for “article 4.2(e) of, and Annex I to, Council Directive 92/40/EEC” substitute “Article 7(2)(f) of, and Annex 3 to, Council Directive 2005/94/EC”;

(b)

in Part 2, in paragraph 11, for “Annex II of Council Directive 92/40/EEC” substitute “Annex 6 to Council Directive 2005/94/EC”.

The Foot-and-Mouth Disease (England) Order 200633.

(1)

The Foot-and-Mouth Disease (England) Order 200682 is amended as follows.

(2)

In article 8(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

(3)

In article 43(1)(b)(ii), for the words from “regulation 9” to the end substitute “the Trade in Animals and Related Products Regulations 201183”.

The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 200634.

(1)

The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 200684 is amended as follows.

(2)

In article 2, in the definition of “border inspection post”, for the words from “Schedule 2” to the end substitute “regulation 11 of the Trade in Animals and Related Products Regulations 2011”.

(3)

In article 3—

(a)

in paragraph (4), for “the Specified Animal Pathogens Order 199885” substitute “the Specified Animal Pathogens Order 200886”;

(b)

in paragraph (5), for the words from “Regulation 19” to the end substitute “Article 6 of Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof87”.

(4)

In article 4(7), for the words from “the National Assembly” to “Northern Ireland” substitute “the National Assembly for Wales or by the Department of Agriculture, Environment and Rural Affairs, Northern Ireland”.

(5)

In article 66(5)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

(6)

In article 71(3)—

(a)

in sub-paragraph (a), for “section 8(2) of the Medicines Act 196888” substitute “regulation 17 of the Human Medicines Regulations 201289”;

(b)

in sub-paragraph (b), for “Regulation 5 of the Veterinary Medicines Regulations 200590” substitute “regulation 5 of the Veterinary Medicines Regulations 201391”;

(c)

in sub-paragraph (d), for “the Specified Animal Pathogens Order 1998” substitute “the Specified Animals Pathogens Order 2008”.

The Avian Influenza (Vaccination) (England) Regulations 200635.

In regulation 5(2)(b) of the Avian Influenza (Vaccination) (England) Regulations 200692, for “regulation 8(3) of the Veterinary Medicines Regulations 2005” substitute “regulation 3(2)(b) of the Veterinary Medicines Regulations 2013”.

The Avian Influenza (H5N1 in Poultry) (England) Order 200636.

(1)

The Avian Influenza (H5N1 in Poultry) (England) Order 200693 is amended as follows.

(2)

In article 12—

(a)

in paragraph (1)—

(i)

after sub-paragraph (a) omit “or”;

(ii)

omit sub-paragraph (b).

(b)

omit paragraph (2).

(3)

In article 17(1)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

The Avian Influenza (H5N1 in Wild Birds) (England) Order 200637.

In article 18(1)(a) of the Avian Influenza (H5N1 in Wild Birds) (England) Order 200694, for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

The Official Controls (Animals, Feed and Food) (England) Regulations 2006F238.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Bovine Semen (England) Regulations 200739.

In regulation 2 of the Bovine Semen (England) Regulations 200798, in the definition of “cattle identification regulations”, for paragraph (a) (together with the final “or”) substitute—

“(a)
the Cattle Identification Regulations 200799;”.

The Welfare of Farmed Animals (England) Regulations 200740.

In regulation 2(2) of the Welfare of Farmed Animals (England) Regulations 2007100—

(a)

in sub-paragraph (a), for the words from “Directive 91/630/EEC101” to the end substitute “Directive 2008/120/EC laying down minimum standards for the protection of pigs102”;

(b)

after sub-paragraph (b) omit “and”;

(c)

in sub-paragraph (c), for the words from “Directive 91/629/EEC103” to the end substitute “Directive 2008/119/EC laying down minimum standards for the protection of calves104”.

The Products of Animal Origin (Disease Control) (England) Regulations 200841.

In Schedule 3 to the Products of Animal Origin (Disease Control) (England) Regulations 2008105—

(a)

in paragraph 1(a) omit the words from “or article 4” to “legible”;

(b)

omit paragraph 3(a) (together with the final “or”).

The Bluetongue Regulations 200842.

In regulation 17 of the Bluetongue Regulations 2008106, for “the Veterinary Medicines Regulations 2011107” substitute “the Veterinary Medicines Regulations 2013”.

The Trade in Animals and Related Products Regulations 201143.

(1)

The Trade in Animals and Related Products Regulations 2011 are amended as follows.

(2)

In regulation 35(2)(a), for “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997108” substitute “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015109”.

(3)

In Schedule 2, in Part 2, in paragraph 9(1), for the words from “Commission Regulation” to the end substitute “Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof”.

PART 6Amendment to legislation concerning fisheries

The Sea Fish Licensing (England) Order 201544.

In article 2 of the Sea Fish Licensing (England) Order 2015110, in the definition of “length”, for the words from “Council Regulation” to the end substitute “Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels111”.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

8th May 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments in relation to England to a number of pieces of secondary legislation within the remit of the Department for Environment, Food and Rural Affairs.

Several provisions (listed in regulation 1(2)(a) to (e)) reflect an amendment to Annex 3 to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p 3).

Regulation 10(3) amends the Nitrate Pollution Prevention Regulations 2015 (S.I. 2015/668) to correct a reference relating to the methodology used for calculating nitrate concentration in water bodies.

Regulation 14 amends the Water Abstraction (Transitional Provisions) Regulations 2017 (S.I. 2017/1047) to correct an error in the description of what circumstances qualify as granting a more limited abstraction licence than that applied for.

Regulation 24(4) amends the Fruit Juices and Fruit Nectars (England) Regulations 2013 (S.I. 2013/2775) to implement Commission Delegated Regulation (EU) No 1040/2014 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption to adapt its Annex I to technical progress (OJ No L 288, 2.10.2014, p 1). This allows plant proteins from wheat, peas and potatoes to be used for the clarification of products to which the Fruit Juices and Fruit Nectars (England) Regulations 2013 apply.

The Regulations make other miscellaneous minor amendments to legislation in the fields of agriculture, animal health and welfare, environmental protection, food, horticulture, plant health, sea fisheries, seeds, waste and water, in particular amending out of date references to domestic legislation and to EU instruments.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.