2025 No. 82
RETAINED EU LAW REFORM

The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025

Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 19(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“the Act”)1.
The Secretary of State is a relevant national authority for the purposes of section 19(1) of the Act2.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025.

(2)

These Regulations come into force on 27th February 2025.

(3)

A provision of these Regulations that amends or revokes an enactment has the same extent as the enactment amended or revoked unless otherwise specified.

Amendments of subordinate legislation and assimilated direct legislation2.

The Schedules to these Regulations (which contain amendments of subordinate legislation and assimilated direct legislation in consequence of the Retained EU Law (Revocation and Reform) Act 2023) have effect.

Justin Madders
Parliamentary Under-Secretary of State
Department for Business and Trade
Schedules

Schedule 1Scotland Act 1998 Related Instruments

Regulation 2

Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999

1.

The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 19993 is amended as follows—

(a)

in article 5 for “retained EU”, in both places it occurs, substitute “assimilated”;

(b)

in article 7 for “retained EU” substitute “assimilated”.

Scotland Act 1998 (Modification of Functions) Order 1999

2.

The Scotland Act 1998 (Modification of Functions) Order 19994 is amended as follows—

(a)

in article 5 for “retained EU”, in both places it occurs, substitute “assimilated”;

(b)

in article 6 for “retained EU” substitute “assimilated”.

Schedule 2Foreign, Commonwealth and Development Office

Regulation 2

European Institutions and Consular Protection (Amendment etc.) (EU Exit) Regulations 2018

1.

The European Institutions and Consular Protection (Amendment etc.) (EU Exit) Regulations 20185 are amended as follows—

(a)

revoke regulation 3;

(b)

in the heading and in the text of regulation 10 for “retained EU” substitute “assimilated”.

Schedule 3Department of Health and Social Care

Regulation 2

Part 1Subordinate Legislation

Food Supplements (England) Regulations 2003

1.

In regulation 5(2)(a) of the Food Supplements (England) Regulations 20036 for “retained direct EU” substitute “assimilated direct”.

Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009

2.

In Schedule 1 to the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 20097, in the entries in the subject matter column that relate to Article 4(2) and Article 4(3), for “retained EU” substitute “assimilated”.

Part 2Assimilated Direct Legislation

Regulation (EC) No 1924/2006

3.

In Article 19(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods8 for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) No 609/2013

4.

Regulation EU No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/20099 is amended as follows—

(a)

in Article 6(1) and (2) for “retained EU” substitute “assimilated”;

(b)

in Article 15(4) and (5) for “retained EU” substitute “assimilated”.

Schedule 4Ministry of Justice

Regulation 2

Part 1Subordinate Legislation

Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008

1.

In regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 200810 for “retained direct EU” substitute “assimilated direct”.

Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009

2.

In regulation 5(1) of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 200911 for “retained direct EU” substitute “assimilated direct”.

Part 2Assimilated Direct Legislation

Regulation (EC) No 864/2007

3.

Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)12 is amended as follows—

(a)

in Article 14(3) for “retained EU” substitute “assimilated”;

(b)

in Article 27 for “retained EU”, in both places it occurs including the heading, substitute “assimilated”.

Regulation (EC) No 593/2008

4.

Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)13 is amended as follows—

(a)

in Article 3(4) for “retained EU” substitute “assimilated”;

(b)

in Article 23, for “retained EU”, in both places it occurs including the heading, substitute “assimilated”.

Schedule 5Department for Levelling Up, Housing and Communities

Regulation 2

Part 1Subordinate Legislation

Environmental Assessment of Plans and Programmes Regulations 2004

1.

The Environmental Assessment of Plans and Programmes Regulations 200414 are amended as follows—

(a)

in regulation 12(4) for “retained EU” substitute “assimilated”;

(b)

in paragraph 1(e) of Schedule 1 for “retained EU” substitute “assimilated”.

Construction Products Regulations 2013

2.

In regulation 22(3)(b)(iii) of the Construction Products Regulations 201315 for “a retained EU” substitute “an assimilated”.

Planning (Hazardous Substances) Regulations 2015

3.

The Planning (Hazardous Substances) Regulations 201516are amended as follows—

(a)

in regulation 6(1)(a)(ii) and (iia) for “retained EU” substitute “assimilated”;

(b)

in regulation 10(3)(a)(ii) and (iia) for “retained EU” substitute “assimilated”;

(c)

in regulation 25(6), in the definition of “relevant plan or programme” for “retained EU”, in both places it occurs, substitute “assimilated”;

(d)

in regulation 26(2)(a)(ii) and (iia) for “retained EU” substitute “assimilated”.

Town and Country Planning (Environmental Impact Assessment) Regulations 2017

4.

The Town and Country Planning (Environmental Impact Assessment) Regulations 201717 are amended as follows—

(a)

in regulation 2(1)18 in the definition “EU environmental assessment”, for “retained EU” substitute “assimilated”;

(b)

in paragraph 2(1)(c)(vi) of Schedule 319 for “retained EU” substitute “assimilated”;

(c)

in paragraph 8 of Schedule 420 for “retained EU” substitute “assimilated”.

Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

5.

The Infrastructure Planning (Environmental Impact Assessment) Regulations 201721 are amended as follows—

(a)

in regulation 3(1)22 in the definition of “EU environmental assessment”, for “retained EU” substitute “assimilated”;

(b)

in paragraph 2(1)(c)(vi) of Schedule 323 for “retained EU” substitute “assimilated”;

(c)

in paragraph 8 of Schedule 424 for “retained EU” substitute “assimilated”.

Part 2Assimilated Direct Legislation

Regulation (EU) No 305/2011

6.

In Article 2(9A) of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC25 for “retained EU” substitute “assimilated”.

Schedule 6Department for Business and Trade

Regulation 2

Part 1Subordinate Legislation

Measuring Container Bottles (EEC Requirements) Regulations 1977

1.

In regulation 2(1A) of the Measuring Container Bottles (EEC Requirements) Regulations 197726 for “retained EU” substitute “assimilated”.

General Product Safety Regulations 2005

2.

In regulation 2 of the General Product Safety Regulations 200527 in the definition of “relevant enactment” for “retained EU” substitute “assimilated”.

Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

3.

In regulation 24 of the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 200828 in the text of the modification of section 461(4)(h) of the Companies Act 200629 for “retained EU” substitute “assimilated”.

Export Control Order 2008

4.

(1)

The Export Control Order 200830 is amended as follows.

(2)

In the following provisions for “retained” substitute “assimilated”

(a)

article 2(1)—

(i)

in the definition of “the dual-use Regulation”, in paragraph (a);

(ii)

in the definition of “general export authorisation”, in paragraph (a) (in each place it occurs).

(b)

article 8(2)(a) and (b);

(c)

article 26(4)(a);

(d)

article 28(3)(a);

(e)

article 31(1) and (2)(b);

(f)

article 32(2);

(g)

article 35(1), (2)(a) and (b), (4), (6) and (7) and in the heading;

(h)

article 40(1)(b)(i) and (2);

(i)

article 43(1)(b).

(3)

In article 2(1), omit the definition of “the retained dual-use Regulation”.

(4)

In article 2(1), before the definition of “category A goods” insert—
““the assimilated dual-use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)31;”

Aerosol Dispensers Regulations 2009

5.

In regulation 2(1A) of the Aerosol Dispensers Regulations 200932 for “retained EU” substitute “assimilated”.

Provision of Services Regulations 2009

6.

(1)

The Provision of Services Regulations 200933 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 5(1)(b) and (c);

(b)

regulation 17(4);

(c)

regulation 22(2)(d)(i) and (ii);

(d)

regulation 31(3)(a).

(3)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

regulation 6(2)(a) and (b);

(b)

regulation 6(4)(a) and (b);

(c)

regulation 14(3)(a) and (b).

Toys (Safety) Regulations 2011

7.

(1)

The Toys (Safety) Regulations 201134 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 3B(1) and (3);

(b)

Part 6 of Schedule 2.

Pyrotechnic Articles (Safety) Regulations 2015

8.

In regulation 2(1A) of the Pyrotechnic Articles (Safety) Regulations 201535 for “retained EU” substitute “assimilated”.

Lifts Regulations 2016

9.

In regulation 2(1A) of the Lifts Regulations 201636 for “retained EU” substitute “assimilated”.

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

10.

In regulation 2(1A) and (1C) of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 201637 for “retained EU” substitute “assimilated”.

Non-automatic Weighing Instruments Regulations 2016

11.

In regulation 2(1A) of the Non-automatic Weighing Instruments Regulations 201638 for “retained EU” substitute “assimilated”.

Measuring Instruments Regulations 2016

12.

In regulation 2(1A) of the Measuring Instruments Regulations 201639 for “retained EU” substitute “assimilated”.

Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

13.

(1)

The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 201940 are amended as follows.

(2)

In the following provisions for “retained” substitute “assimilated”

(a)

regulation 5(1) to (7);

(b)

in regulation 5(8), in each place it occurs, in the definitions of “corresponding retained export authorisation”, “retained authorisation for brokering services”, “retained general export authorisation”, “retained global export authorisation”, “retained individual export authorisation” and “retained national general export authorisation”;

(c)

regulation 6(1) to (2);

(d)

in regulation 6(3), in the definition of “retained firearms export authorisation”.

Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020

14.

(1)

The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 202041 are amended as follows.

(2)

In the following provisions for “retained” substitute “assimilated”

(a)

regulation 5 (in each place it occurs) and in the heading;

(b)

regulation 6;

(c)

regulation 7, in each of the definitions.

Part 2Assimilated direct legislation

EEC Council Regulation No 1

15.

In Article 1 of EEC Council Regulation No 1 determining the languages to be used by the European Economic Community42 for “retained EU” substitute “assimilated”.

Regulation (EC) No 2157/2001

16.

In Article AA1(2)(d) of Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE)43 for “retained EU” substitute “assimilated”.

Regulation (EC) No 765/2008

17.

In Article 2(21) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/9344 for “retained EU” substitute “assimilated”.

Regulation (EC) No 428/2009

18.

(1)

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)45 is amended as follows.

(2)

In the following provisions for “retained” substitute “assimilated”

(a)

Article 2(9);

(b)

Article 9(1) (in each place it occurs);

(c)

Annexes 2(a) to (f), in the heading.

Regulation (EU) 2019/1150

19.

In Article 1(5) of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services46 for “retained EU” substitute “assimilated”.

Schedule 7Department for Science, Innovation and Technology

Regulation 2

Electronic Commerce (EC Directive) Regulations 2002

1.

In regulation 10 of the Electronic Commerce (EC Directive) Regulations 200247 for “retained EU” substitute “assimilated”.

Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

2.

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 201948 are amended as follows—

(a)

in regulation 549

(i)

in paragraph (2)—

(aa)

for “Retained case law and retained general principles of EU law” substitute “Assimilated case law”;

(bb)

for “are” substitute “is”;

(ii)

in paragraph (3)—

(aa)

for “Retained case law and retained general principles of EU law fall” substitute “Assimilated case law falls”;

(bb)

for “they are, or are” substitute “it is, or is”;

(iii)

in paragraph (4)—

(aa)

omit the definitions of “retained case law” and “retained general principles of EU law”;

(bb)

at the appropriate place insert—

““assimilated case law” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 6(7) of that Act);”;

(cc)

at the end of the definition of “the EU GDPR” for “;” substitute “.”;

(b)

in paragraph 112 of Schedule 3 for “retained direct EU” substitute “assimilated direct”.

Schedule 8Department for Transport

Regulation 2

Part 1Subordinate Legislation

Civil Aviation Authority Regulations 1991

1.

The Civil Aviation Authority Regulations 199150 are amended as follows—

(a)

in regulation 6(1) and (8)(a)51 for “retained EU” substitute “assimilated”;

(b)

in regulation 25(1)(c)52 for “retained EU” substitute “assimilated”.

Road Vehicles (Display of Registration Marks) Regulations 2001

2.

The Road Vehicles (Display of Registration Marks) Regulations 200153 are amended as follows—

(a)

in regulation 5(3)54 for “retained EU” substitute “assimilated”;

(b)

in regulation 9(3)55 for “retained EU” substitute “assimilated”.

Railways and Other Guided Transport Systems (Safety) Regulations 2006

3.

The Railways and Other Guided Transport Systems (Safety) Regulations 200656 are amended as follows—

(a)

in regulation 2(1)—

(i)

for “retained” substitute “assimilated” in the following definitions57

(aa)

“2019 EU ECM Regulation”;

(bb)

“cross-border UK-issued ECM certificate”;

(ii)

omit the definition of “retained 2019 EU ECM Regulation”;

(iii)

at the appropriate place insert—

““assimilated 2019 EU ECM Regulation” means Commission Implementing Regulation (EU) 2019/779 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011, as it has effect in the UK after IP completion day;”;

(b)

in regulation 18A(1A)(b)58 for “retained” substitute “assimilated”;

(c)

in regulation 27—

(i)

in paragraph (1)(de)59 for “retained” substitute “assimilated”;

(ii)

in paragraph (1A)(c)60 for “retained”, in both places it occurs, substitute “assimilated”.

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

4.

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 200661 are amended as follows—

(a)

in rule 4(5)(b)62 for “retained EU” substitute “assimilated”;

(b)

in rule 7(5) and (11)(b)63 for “retained EU” substitute “assimilated”;

(c)

in rule 11(2)(c)64 for “retained EU” substitute “assimilated”;

(d)

in paragraph 8 of Schedule 165 for “retained EU” substitute “assimilated”;

(e)

in paragraph 7(b) of Schedule 766 for “retained EU” substitute “assimilated”.

Department for Transport (Fees) Order 2009

5.

The Department for Transport (Fees) Order 200967 is amended as follows—

(a)

in paragraph 868 of Schedule 1 for “retained EU” substitute “assimilated”;

(b)

in paragraph 4569 of Schedule 1 for “retained EU” substitute “assimilated”.

Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

6.

In paragraph 6 of Schedule 3 to the Aviation Safety (Amendment etc.) (EU Exit) Regulations 201970 for “retained direct EU” substitute “assimilated direct”.

Part 2Assimilated Direct Legislation

Regulation (EC) No 1072/2009

7.

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market71 is amended as follows—

(a)

in Article 2(7) for “retained EU” substitute “assimilated”;

(b)

in Article 9(1) for “retained EU” substitute “assimilated”;

(c)

in Article 13(1) for “retained direct EU” substitute “assimilated direct”.

Schedule 9HM Treasury

Regulation 2

Part 1Subordinate Legislation

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

1.

The Financial Services and Markets Act 2000 (Regulated Activities) Order 200172 is amended as follows—

(a)

in article 3(1)—

(i)

in the definition of “EU Securitisation Regulation 2017”73 for “retained EU” substitute “assimilated”;

(ii)

in the definition of “markets in financial instruments regulation”74 for “retained EU” substitute “assimilated”;

(b)

in article 35A(2)75 for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges, Clearing Houses and Central Securities Depositories) Regulations 2001

2.

The Schedule to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges, Clearing Houses and Central Securities Depositories) Regulations 200176 is amended as follows—

(a)

in paragraph 9(6)(d)77 for “retained direct EU” substitute “assimilated direct”;

(b)

in paragraph 9ZB(6)78, in paragraph (c) of the definition of “the disclosure obligations” for “retained direct EU” substitute “assimilated direct”;

(c)

in paragraph 9A(2)(b)79 for “retained direct EU” substitute “assimilated direct”;

(d)

in paragraph 9J(1)80 for “retained direct EU” substitute “assimilated direct”;

(e)

in paragraph 31A(1)81 for “retained direct EU” substitute “assimilated direct”;

(f)

in paragraph 3782 for “retained direct EU” substitute “assimilated direct”;

(g)

in paragraph 39(1)83 for “retained direct EU” substitute “assimilated direct”;

(h)

in paragraph 40(1)(b)84 for “retained direct EU” substitute “assimilated direct”.

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

3.

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 200185 are amended as follows—

(a)

in regulation 2—

(i)

in paragraph (b) of the definition of “capital requirements directive information”86 for “retained EU” substitute “assimilated”;

(ii)

in paragraph (b)(i) of the definition of “market in financial instruments information”87 for “retained EU” substitute “assimilated”;

(iii)

omit the definition of “retained EU law restrictions”88;

(iv)

in paragraph (b) of the definition of “specified confidential EU law information”89 for “retained EU” substitute “assimilated”;

(v)

at the appropriate place insert—

““assimilated law restrictions” means the restrictions imposed on the disclosure of confidential information by the relevant provisions, and (excluding those specified at paragraphs (h) and (j) of that definition) as they had effect immediately before IP completion day, and as modified as follows—

(a)

requirements imposed on a Member State or an EU entity are to be read as if they are requirements imposed on the United Kingdom or, where relevant, a primary recipient;

(b)

a restriction on the disclosure of confidential information to a person in a third country applies to any disclosure of confidential information to any person in a country or territory outside the United Kingdom;

(c)

a requirement to seek the consent of an EU entity only applies where an equivalent requirement applies in relation to an equivalent entity in a third country; and

(d)

for the purposes of sub-paragraph (b) a reference to a person in a third country, which is a third country regulatory authority, is to be read as including an ESA and the ESRB;”;

(b)

in regulation 3(3)90 for “retained EU” substitute “assimilated”;

(c)

in regulation 5(5)91 for “retained EU” substitute “assimilated”;

(d)

in regulation 9(2B)(b)(ii)92 for “retained EU” substitute “assimilated”;

(e)

in the heading to Part IV93 for “RETAINED EU” substitute “ASSIMILATED”;

(f)

in the heading to Schedule 194 for “RETAINED EU” substitute “ASSIMILATED”;

(g)

in the heading to Schedule 295 for “RETAINED EU” substitute “ASSIMILATED”.

Financial Services and Markets Act 2000 (Gibraltar) Order 2001

4.

The Financial Services and Markets Act 2000 (Gibraltar) Order 200196 is amended as follows—

(a)

in article 2(5D)(c)(ii) for “retained direct EU” substitute “assimilated direct”;

(b)

in article 2(8)(a), (b)(i)(bb) and (i)(i) for “retained direct EU” substitute “assimilated direct”;

(c)

in article 4(3A)(e) for “retained direct EU” substitute “assimilated direct”;

(d)

in article 4(3B)(e)(ii) for “retained direct EU” substitute “assimilated direct”;

(e)

in article 4(3D)(a)(i), in the substituted sub-paragraph (ii) for “retained direct EU” substitute “assimilated direct”;

(f)

in article 5(3)(b)(iii), in paragraph (b) of the substituted definition of “implementing provision” for “retained direct EU” substitute “assimilated direct”.

Credit Institutions (Reorganisation and Winding up) Regulations 2004

5.

In regulation 2(1A) of the Credit Institutions (Reorganisation and Winding up) Regulations 200497 for “retained EU” substitute “assimilated”.

Regulated Covered Bonds Regulations 2008

6.

In regulation 1(4) of the Regulated Covered Bonds Regulations 200898 for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009

7.

The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 200999 is amended as follows—

(a)

in regulation 1(2), in the definition of “the Rome I Regulation”100 for “retained direct EU” substitute “assimilated direct”;

(b)

in regulation 3101 for “retained direct EU” substitute “assimilated direct”.

Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009

8.

In article 1(6) of the Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009102 for “retained EU” substitute “assimilated”.

Alternative Investment Fund Managers Regulations 2013

9.

The Alternative Investment Fund Managers Regulations 2013103 are amended as follows—

(a)

in regulation 2(1), in paragraph (c) of the definition of “implementing provision”104 for “retained EU” substitute “assimilated”;

(b)

in regulation 2(2)(b)105 for “retained EU” substitute “assimilated”;

(c)

in regulation 33106 for “retained EU” substitute “assimilated”;

(d)

in regulation 57(4)(a)107 for “retained EU” substitute “assimilated”;

(e)

in regulation 59(2)(d)108 for “retained EU” substitute “assimilated”;

(f)

in regulation 65109 for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013

10.

The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013110 is amended as follows—

(a)

in article 1111 for “retained direct EU” substitute “assimilated direct” in the following paragraphs—

(i)

(4)(a);

(ii)

(5)(a);

(iii)

(5A)(a);

(iv)

(6)(a);

(v)

(7)(a);

(b)

in article 5(7)(a)112 for “retained direct EU” substitute “assimilated direct”.

Capital Requirements Regulations 2013

11.

The Capital Requirements Regulations 2013113 are amended as follows—

(a)

in regulation 2(1), in the definition of “Specified EU Regulations under the Capital Requirements Regulation”114 for “retained EU” substitute “assimilated”;

(b)

in regulation 2(3)115 for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Qualifying Provisions) (No. 2) Order 2013

12.

In Article 1(4)(a)(i) and (b)(i) of the Financial Services and Markets Act 2000 (Qualifying Provisions) (No. 2) Order 2013116 for “retained direct EU” substitute “assimilated direct”.

Capital Requirements (Country-by-Country Reporting) Regulations 2013

13.

In regulation 1(3) of the Capital Requirements (Country-by-Country Reporting) Regulations 2013117 for “retained EU” substitute “assimilated”.

Central Securities Depositories Regulations 2014

14.

The Central Securities Depositories Regulations 2014118 are amended as follows—

(a)

in regulation 5N(1)119 for “retained EU” substitute “assimilated”;

(b)

in regulation 5O(2)(a)(ii)120 for “retained direct EU” substitute “assimilated direct”.

Bank Recovery and Resolution (No. 2) Order 2014

15.

The Bank Recovery and Resolution (No. 2) Order 2014121 is amended as follows—

(a)

in article 2(4)122 for “retained EU” substitute “assimilated”;

(b)

in article 123(6)(f)123 for “retained EU” substitute “assimilated”;

(c)

in article 126(8)(a)(vi)124 for “retained EU” substitute “assimilated”.

Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) Regulations 2014

16.

The Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) Regulations 2014125 is amended as follows—

(a)

in regulation 2126

(i)

omit the definition of “retained EU law restrictions”;

(ii)

at the appropriate place insert—

““assimilated law restrictions” has the meaning given in regulation 2 of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001;”;

(b)

in regulation 3(3)127 for “retained EU” substitute “assimilated”;

(c)

in regulation 5(4)128 for “retained EU” substitute “assimilated”.

Capital Requirements (Capital Buffers and Macro-prudential Measures) Regulations 2014

17.

In regulation 2(2A) of the Capital Requirements (Capital Buffers and Macro-prudential Measures) Regulations 2014129 for “retained EU” substitute “assimilated”.

Banking Act 2009 (Banking Group Companies) Order 2014

18.

In the definition of “the Capital Requirements Regulation” in article 2(2) of the Banking Act 2009 (Banking Group Companies) Order 2014130 for “retained EU” substitute “assimilated”.

Banking Act 2009 (Restriction of Special Bail-in Provision, etc.) Order 2014

19.

In article 5(1) of the Banking Act 2009 (Restriction of Special Bail-in Provision, etc.) Order 2014131 for “retained EU” substitute “assimilated”.

Solvency 2 Regulations 2015

20.

The Solvency 2 Regulations 2015132 are amended as follows—

(a)

in regulation 39(8)(a) for “retained EU” substitute “assimilated”;

(b)

in regulation 43(5)(b) for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016

21.

Regulation 2 of the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016133 is amended as follows—

(a)

in the definition of “the market abuse regulation” for “retained EU” substitute “assimilated”;

(b)

in the definition of “supplementary market abuse enactment” for “retained direct EU” substitute “assimilated direct”.

Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

22.

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017134 is amended as follows—

(a)

in regulation 1(3)(b)(i) and (ii)135 for “retained EU” substitute “assimilated”;

(b)

in regulation 2A136 for “retained EU” substitute “assimilated;

(c)

in regulation 38(1)(c)137 for “retained EU” substitute “assimilated”;

(d)

in paragraph 2 of Schedule 1138

(i)

in the heading for “Retained EU” substitute “Assimilated”;

(ii)

in paragraph (1)(a) for “a retained EU” substitute “an assimilated”;

(iii)

in paragraph (2) for “retained EU” substitute “assimilated”.

Payment Services Regulations 2017

23.

The Payment Services Regulations 2017139 are amended as follows—

(a)

in regulation 107140, in the heading and in paragraph (c), for “retained direct EU” substitute “assimilated direct”;

(b)

in paragraph 13(g) of Schedule 6141 for “retained EU” substitute “assimilated”.

Central Securities Depositories Regulations 2017

24.

In regulation 7(2)(a) and (5)(b) of the Central Securities Depositories Regulations 2017142 for “retained EU” substitute “assimilated”.

Packaged Retail and Insurance-based Investment Products Regulations 2017

25.

In regulation 6(1)(a)(ia) of the Packaged Retail and Insurance-based Investment Products Regulations 2017143 for “retained direct EU” substitute “assimilated direct”.

Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018

26.

The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018144 are mended as follows—

(a)

in regulation 2(1), in the definition of “the EU Benchmarks Regulation 2016”145 for “retained EU” substitute “assimilated”;

(b)

in regulation 3146

(i)

in the heading for “Retained direct EU” substitute “Assimilated direct”;

(ii)

in the text of the regulation for “retained direct EU” substitute “assimilated direct”;

(c)

in regulation 8(2), (3) and (5)147 for the words “a retained EU” substitute “an assimilated”.

Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018

27.

In the definition of “the EMIR Regulation” in regulation 1(4) of the Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018148 for “retained EU” substitute “assimilated”.

Securitisation Regulations 2018

28.

In regulation 3 of the Securitisation Regulations 2018149 for “retained direct EU” substitute “assimilated direct”.

Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019

29.

In the definition of “EMIR regulation” in regulation 1(2) of the Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019150 for “retained EU” substitute “assimilated”.

Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019

30.

The Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019151 are amended as follows—

(a)

in regulation 1152

(i)

in paragraphs (4)(b) and (d) for “retained EU” substitute “assimilated”;

(ii)

in paragraph (5) for “retained EU law on IP completion day” substitute “assimilated law”;

(b)

in regulation 4(2)(c) for “retained EU” substitute “assimilated”;

(c)

in regulation 6(2)(b)(i) for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019

31.

The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019153 are amended as follows—

(a)

in regulation 199(2), in paragraph (b) of the definition of “enactment” for “retained direct EU” substitute “assimilated direct”;

(b)

in regulation 202(2)(a)(i)(bb) and (c)(i)(cc) for “retained EU” substitute “assimilated”.

Prospectus (Amendment etc.) (EU Exit) Regulations 2019

32.

The Prospectus (Amendment etc.) (EU Exit) Regulations 2019154 are amended as follows—

(a)

in regulation 74(2) for “retained EU” substitute “assimilated”;

(b)

in regulation 75(2) for “retained EU” substitute “assimilated”.

Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020

33.

The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020155 are amended as follows—

(a)

in regulation 2(4) for “retained EU law on or after IP completion day” substitute “assimilated law”;

(b)

in regulation 8(1)(b) and (2)(a) for “retained EU” substitute “assimilated”;

(c)

in Table 1 in Schedule 1, in the heading of column 1 for “Retained EU law Regulation” substitute “Assimilated direct legislation”;

(d)

in Table 2 in Schedule 4, in the heading of column 2 for “retained EU” substitute “assimilated”;

(e)

in Table 3 in Schedule 4, in the heading of column 2 for “retained EU” substitute “assimilated”.

Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020

34.

The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020156 are amended as follows—

(a)

in regulation 29, in the definition of “SFT Regulation” for “retained EU” substitute “assimilated”;

(b)

in regulation 36 in the definition of “Securitisation Regulation” for “retained EU” substitute “assimilated”.

Payment and Electronic Money Institution Insolvency Regulations 2021

35.

In paragraph (c) of the definition of “enactment” in the table in regulation 6 of the Payment and Electronic Money Institution Insolvency Regulations 2021157 for “retained direct EU” substitute “assimilated direct”.

Part 2Assimilated Direct Legislation

Regulation (EC) No 1060/2009

36.

Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies158 is amended as follows—

(a)

in Article 4(6)(b)159 for “retained EU” substitute “assimilated”;

(b)

in Article 5, in paragraph (1)(b) and paragraph (7)160 for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) No 231/2013

37.

Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision161 is amended as follows—

(a)

in Article 7 for “retained EU” substitute “assimilated”;

(b)

in Article 8(1) for “retained EU” substitute “assimilated”.

Regulation (EU) No 596/2014

38.

In Article 6(2A) of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC162 for “retained EU” substitute “assimilated”.

Regulation (EU) No 600/2014

39.

Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012163 is amended as follows—

(a)

in Article 47(2)164 for “retained EU” substitute “assimilated”;

(b)

in Article 48A(9), in paragraph (a) of the definition of “enactment”165 for “retained direct EU” substitute “assimilated direct”;

(c)

in paragraph 7(2) of Schedule 3166 for “retained EU” substitute “assimilated”.

Regulation (EU) 2015/751

40.

In Article 3(3A) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions167 for “retained EU” substitute “assimilated”.

Regulation (EU) 2015/2365

41.

In paragraph (g) of the definition of “financial counterparty” in Article 3(3) of Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012168 for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) 2016/860

42.

In Article 9(2)(a) of the Commission Delegated Regulation (EU) 2016/860 of 4 February 2016 specifying further the circumstances where exclusion from the application of write-down or conversion powers is necessary under Article 44(3) of Directive 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms169 for “retained EU” substitute “assimilated”.

Regulation (EU) 2016/1011

43.

In Article 2(2)(c) of Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014170 for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) 2017/567

44.

In Article 5(1A)(c) of Commission Delegated Regulation (EU) 2017/567 of 18 May 2016 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to definitions, transparency, portfolio compression and supervisory measures on product intervention and positions171 for “retained EU” substitute “assimilated”.

Regulation (EU) 2017/1131

45.

Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds172 is amended as follows—

(a)

in Article 5(8)(b) for “retained direct EU” substitute “assimilated direct”;

(b)

in Article 7(6)(b) for “retained direct EU” substitute “assimilated direct”.

Commission Delegated Regulation (EU) 2019/980

46.

In Article 1(b), in the definition of “equivalent third country market” of the Commission Delegated Regulation (EU) 2019/980 of 14 March 2019 supplementing Regulation (EU) 2017/1129 of the European Parliament and of the Council as regards the format, content, scrutiny and approval of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Commission Regulation (EC) No 809/2004173 for “retained EU” substitute “assimilated”.

Schedule 10Northern Ireland Secondary Legislation

Regulation 2

Forest Reproductive Material Regulations (Northern Ireland) 2002

1.

In regulation 18(3)(c) of the Forest Reproductive Material Regulations (Northern Ireland) 2002174 for “retained EU” substitute “assimilated”.

Waste Management Licensing Regulations (Northern Ireland) 2003

2.

The Waste Management Licensing Regulations (Northern Ireland) 2003175 are amended as follows—

(a)

in regulation 11C176 for “retained EU” substitute “assimilated”;

(b)

in regulation 26(2)177 for “retained EU” substitute “assimilated”;

(c)

in Schedule 1A, in paragraphs (c), (d) and (g) of the definition of “Relevant Waste”178 for “retained EU” substitute “assimilated”;

(d)

in Part II of Schedule 3, in the table in column 2 opposite the entry in column 1 row D11179 for “retained EU” substitute “assimilated”;

(e)

in paragraph 5(2A) of Part IV of Schedule 3180 for “EU retained” substitute “assimilated”.

Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004

3.

The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004181 are amended as follows—

(a)

in regulation 7 for “retained EU” substitute “assimilated”;

(b)

in regulation 11(4) for “retained EU” substitute “assimilated”;

(c)

in paragraph 1(e) of Schedule 1 for “retained EU” substitute “assimilated”.

Hazardous Waste Regulations (Northern Ireland) 2005

4.

The Hazardous Waste Regulations (Northern Ireland) 2005182 are amended as follows—

(a)

in regulation 3A(3)(a)(i) for “retained EU” substitute “assimilated”;

(b)

in regulation 3A(6)(b) for “retained direct EU” substitute “assimilated direct”.

Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

5.

In regulation 57(1)(b) of the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006183 for “retained EU” substitute “assimilated”.

Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006

6.

In regulation 36(1)(b) of the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006184 for “retained EU” substitute “assimilated”.

Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006

7.

The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006185 are amended as follows—

(a)

in regulation 2(1), in the definition of “Union legislation”186 for “giving effect to retained EU” substitute “which is assimilated”;

(b)

in Schedule 1187, in Part 1, in paragraphs 6 and 9 for “retained EU” substitute “assimilated”.

Welfare of Animals (Transport) Regulations (Northern Ireland) 2006

8.

In regulation 24(1)(b) of the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006188 for “retained EU” substitute “assimilated”.

Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

9.

In regulation 84(e) of the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007189 for “retained EU” substitute “assimilated”.

Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007

10.

In regulation 18(d) of the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007190 for “retained EU” substitute “assimilated”.

Urban Waste Water Treatment Regulations (Northern Ireland) 2007

11.

The Urban Waste Water Treatment Regulations (Northern Ireland) 2007191 are amended as follows—

(a)

in regulation 7(7)(a) for “retained EU” substitute “assimilated”;

(b)

in paragraph (c) of Part 1 of Schedule 1 for “retained EU” substitute “assimilated”;

(c)

in paragraph 4 of Part 1 of Schedule 3 for “retained EU” substitute “assimilated”;

(d)

in Schedule 4 for “retained EU” substitute “assimilated”.

Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

12.

In regulation 24(d) of the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007192 for “retained EU” substitute “assimilated”.

Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

13.

In regulation 22(d) of the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007193 for “retained EU” substitute “assimilated”.

Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

14.

In regulation 2B(4)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007194 for “retained direct EU” substitute “assimilated direct”.

Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

15.

In regulation 2(1) of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007195

(a)

in the definition of “EU environmental assessment” for “retained EU” substitute “assimilated”;

(b)

in the definition of “Union legislation” for “giving effect to retained EU” substitute “which is assimilated”.

Sea Fishing (Enforcement of Measures) (Penalty Notices) Order (Northern Ireland) 2008

16.

In Article 2(2) of the Sea Fishing (Enforcement of Measures) (Penalty Notices) Order (Northern Ireland) 2008196, in the definition of “penalty offence” for “retained EU”, in each place it occurs, substitute “assimilated”.

Swine Vesicular Disease Regulations (Northern Ireland) 2009

17.

In regulation 37(5)(b) of the Swine Vesicular Disease Regulations (Northern Ireland) 2009197 for “retained EU” substitute “assimilated”.

Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

18.

In paragraph 11 of Schedule 2 to the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009198 for “retained EU” substitute “assimilated”.

Groundwater Regulations (Northern Ireland) 2009

19.

The Groundwater Regulations (Northern Ireland) 2009199 are amended as follows—

(a)

in regulation 16200, in the opening words and in paragraph (i) for “retained EU” substitute “assimilated”;

(b)

in the following places in Part 1 of Schedule 2201 for “retained EU” substitute “assimilated”

(i)

paragraph 2(c);

(ii)

paragraph 3;

(iii)

paragraph 5(b);

(iv)

paragraph 6(a) and (b);

(v)

paragraph 7(a) and (b);

(vi)

paragraph 9(b)(i)(aa);

(vii)

paragraph 9(b)(ii)(aa);

(viii)

paragraph 10(d) and (f);

(ix)

paragraph 11(a);

(c)

in the following places in Part 2 of Schedule 2 for “retained EU” substitute “assimilated”

(i)

paragraph 2(b);

(ii)

paragraph 6(c).

Air Quality Standards Regulations (Northern Ireland) 2010

20.

In regulation 28(3) of the Air Quality Standards Regulations (Northern Ireland) 2010202 for “retained EU” substitute “assimilated”.

Waste Regulations (Northern Ireland) 2011

21.

The Waste Regulations (Northern Ireland) 2011203 are amended as follows—

(a)

in regulation 9C(11)(c)(ii) and (12)(d)(ii) for “retained EU” substitute “assimilated”;

(b)

in regulation 9D(3)(a)(i) for “retained EU” substitute “assimilated”;

(c)

in regulation 9D(6)(b) for “retained direct EU” substitute “assimilated direct”.

Trade in Animals and Related Products Regulations (Northern Ireland) 2011

22.

In regulation 15(3)(a) of the Trade in Animals and Related Products Regulations (Northern Ireland) 2011204 for “retained EU” substitute “assimilated”.

Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014

23.

In paragraph 3(2) of Schedule 2 to the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014205 for “retained EU” substitute “assimilated”.

Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

24.

The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015206 are amended as follows—

(a)

in regulation 2(2) in the definition of “unpolluted soil” for “retained EU” substitute “assimilated”;

(b)

in regulation 7(2)(b)(i) for “retained EU” substitute “assimilated”;

(c)

in regulation 9(1)(a) for “retained EU” substitute “assimilated”;

(d)

in regulation 10(3)(b) for “retained EU” substitute “assimilated”.

Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

25.

The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015207 are amended as follows—

(a)

in regulation 6(2)(d) and (da) for “retained EU” substitute “assimilated”;

(b)

in regulation 11(3)(a)(ii) and (iia) for “retained EU” substitute “assimilated”;

(c)

in regulation 18(6), in the definition of “relevant plan or programme”, in both places it occurs, for “retained EU” substitute “assimilated”;

(d)

in regulation 19(2)(a)(ii) and (iia) for “retained EU” substitute “assimilated”.

Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015

26.

In Schedule 6 to the Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015208 for “retained EU”, in each place it occurs, substitute “assimilated”.

Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017

27.

The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017209 are amended as follows—

(a)

in regulation 10(2)(b) for “retained EU” substitute “assimilated”;

(b)

in regulation 11(2)(c)(i) for “retained EU” substitute “assimilated”;

(c)

in regulation 13(6) for “retained EU”, in both places it occurs, substitute “assimilated”;

(d)

in regulation 14(b) for “retained EU” substitute “assimilated”;

(e)

in regulation 20(2)(j)(iv)(aa) for “retained EU” substitute “assimilated”;

(f)

in paragraph 1(2) of Schedule 1 in the definition of “good surface water chemical status” for “retained EU” substitute “assimilated”;

(g)

in Part 1 of Schedule 5 for “retained EU” substitute “assimilated” in the following provisions—

(i)

paragraph 2(c);

(ii)

paragraph 3;

(iii)

paragraph 5(b);

(iv)

paragraph 6(a) and (b);

(v)

paragraph 8(a) and (b);

(vi)

paragraph 14(b)(i)(aa) and (b)(ii)(aa);

(vii)

paragraph 15(a)(i), (ii) and (iii);

(viii)

paragraph 16(d) and (f);

(ix)

paragraph 18(a);

(h)

in Part 2 of Schedule 5 in paragraphs 2(b) and 8(b) for “retained EU” substitute “assimilated”;

(i)

in Part 3 of Schedule 5 in paragraph 4(b) for “retained EU” substitute “assimilated”.

Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

28.

In in regulation 2(2) of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017210 in the definition of “Union legislation” for “retained EU” substitute “assimilated”.

Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

29.

The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017211 are amended as follows—

(a)

in regulation 2(1), in the definition of “Union legislation” for “giving effect to retained EU” substitute “which is assimilated”;

(b)

in regulation 6(3) and (5)(a)(ii) for “retained EU” substitute “assimilated”;

(c)

in paragraph 2(c)(vi) of Schedule 2 for “retained EU” substitute “assimilated”;

(d)

in paragraph 5(2) and paragraph 8 of Schedule 3 for “retained EU” substitute “assimilated”.

Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

30.

The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017212 are amended as follows—

(a)

in regulation 2, in the definition of “EEA Agreement” for “retained direct EU” substitute “assimilated direct”;

(b)

in regulation 8(1) and (7) for “retained EU” substitute “assimilated”;

(c)

in regulation 17(2)(b) for “retained EU” substitute “assimilated”.

Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018

31.

In paragraph 14(3) of Schedule 3 to the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018213 for “retained EU”, in both places it occurs, substitute “assimilated”.

Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018

32.

The Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018214 are amended as follows—

(a)

in regulation 2(1)—

(i)

in the definition of “classification” for “retained EU”, in each place it occurs, substitute “assimilated”;

(ii)

omit the definitions of “retained EU beef provision” and “retained EU pig provision”;

(iii)

at the appropriate place insert—

““assimilated beef provision” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule;”;

(iv)

at the appropriate place insert—

““assimilated pig provision” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule;”;

(b)

in regulation 8 for “retained EU” substitute “assimilated”;

(c)

in regulation 16 for “retained EU” substitute “assimilated”;

(d)

in regulation 23—

(i)

in the heading for “retained EU” substitute “assimilated”;

(ii)

in paragraphs (1)(a) and (b) for “a retained EU” substitute “an assimilated”;

(iii)

in paragraphs (2) and (3) for “retained EU” substitute “assimilated”;

(e)

in regulation 24—

(i)

in the heading for “retained EU” substitute “assimilated”;

(ii)

in paragraphs (1)(a) and (b) for “a retained EU” substitute “an assimilated”;

(iii)

in paragraphs (2) and (3) for “retained EU” substitute “assimilated”;

(f)

in regulation 33(1)(b) and (c) for “retained EU” substitute “assimilated”;

(g)

in Schedule 1 for “retained EU”, in each place it occurs including the heading, substitute “assimilated”;

(h)

in Schedule 2 for “retained EU” in each place it occurs including the heading, substitute “assimilated”.

Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

33.

Schedule 3 to the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019215 is amended as follows—

(a)

in paragraph 3(9) for “retained EU” substitute “assimilated”;

(b)

in paragraph 8(3)(c) for “retained EU” substitute “assimilated”;

(c)

in paragraph 8(3)(f) for “retained direct EU” substitute “assimilated direct”;

(d)

in paragraph 8(4)(b) for “retained EU” substitute “assimilated”;

(e)

in paragraph 8(9)(b)(i) and (ii) for “retained EU” substitute “assimilated”;

(f)

in paragraph 8(11)(c) for “retained EU” substitute “assimilated”;

(g)

in paragraph 8(16)(b)(i) for “retained EU” substitute “assimilated”;

(h)

in paragraph 8(41)(a) for “retained EU” substitute “assimilated”;

(i)

in paragraph 9(7)(b) for “retained EU” substitute “assimilated”;

(j)

in paragraph 9(8)(a)(i) and (ii) for “retained EU” substitute “assimilated”;

(k)

in paragraph 11(3)(a)(i) for “retained EU” substitute “assimilated”;

(l)

in paragraph 11(7)(b) for “retained direct EU” substitute “assimilated direct”.

Schedule 11Food Standards Agency

Regulation 2

Part 1Subordinate legislation

Materials and Articles in Contact with Food (England) Regulations 2012

1.

In regulation 30(2) and (6) of the Materials and Articles in Contact with Food (England) Regulations 2012216 for “retained EU” substitute “assimilated”.

Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013

2.

The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013217 are amended as follows—

(a)

in regulation 2(1), in the definition of “the retained EU Regulations” for “retained EU” substitute “assimilated”;

(b)

in regulation 16 for “retained EU” substitute “assimilated”;

(c)

in regulation 19(2) for “retained EU” substitute “assimilated”.

Food Safety and Hygiene (England) Regulations 2013

3.

In the heading of the first column of the table in Schedule 2 to the Food Safety and Hygiene (England) Regulations 2013218 for “retained EU” substitute “assimilated”.

Animal Feed (Composition, Marketing and Use) (England) Regulations 2015

4.

The Animal Feed (Composition, Marketing and Use) (England) Regulations 2015219 are amended as follows—

(a)

in regulation 2(2) for “retained EU” substitute “assimilated”;

(b)

in regulation 15A(4)(a) for “retained direct EU” substitute “assimilated direct”.

Part 2Assimilated direct legislation

Regulation (EC) No 1829/2003

5.

Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed220 is amended as follows—

(a)

in Article 5(6) for “retained EU” substitute “assimilated”;

(b)

in Article 7(1) and (5) for “retained EU” substitute “assimilated”;

(c)

in Article 13(1) for “retained EU” substitute “assimilated”;

(d)

in Article 17(6) for “retained EU” substitute “assimilated”;

(e)

in Article 19(1) and (5) for “retained EU” substitute “assimilated”;

(f)

in Article 25(1) for “retained EU” substitute “assimilated”.

Regulation (EC) No 1831/2003

6.

Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition221 is amended as follows—

(a)

in Article 7(3)(g) and (i) for “retained EU” substitute “assimilated”;

(b)

in Article 9(1) and (6) for “retained EU” substitute “assimilated”.

Regulation (EC) No 2065/2003

7.

Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods222 is amended as follows—

(a)

in Article 5(3) for “retained EU” substitute “assimilated”;

(b)

in Article 9(1) for “retained EU” substitute “assimilated”;

(c)

in Article 13(4) for “retained EU” substitute “assimilated”;

(d)

in paragraphs 1 and 2 of Annex 1 for “retained EU” substitute “assimilated”.

Regulation (EC) No 1935/2004

8.

Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC223 is amended as follows—

(a)

in Article 4(1) and (2) for “retained EU” substitute “assimilated”;

(b)

in Article 11(2) for “retained EU” substitute “assimilated”;

(c)

in Article 15(1)(e) for “retained EU” substitute “assimilated”.

Regulation (EC) No 183/2005

9.

Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene224 is amended as follows—

(a)

in Article 4(1) for “retained EU” substitute “assimilated”;

(b)

in Article 9(1) for “retained EU” substitute “assimilated”;

(c)

in Annex 1, in Part A, in point 3 and in Part B, in point 2 for “retained EU” substitute “assimilated”;

(d)

in Annex 2, in the part headed “DIOXIN MONITORING FOR OILS, FATS AND DERIVED PRODUCTS”, in point 2(c)(i), at the third indent, for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 378/2005

10.

In Article 3(1)(a), in the third indent of Commission Regulation (EC) No 378/2005 of 4 March 2005 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives225 for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 429/2008

11.

Annex 2 to Commission Regulation (EC) No 429/2008 of 25 April 2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives226 is amended as follows—

(a)

in the part of the Annex headed “General Aspects”, in the fifth paragraph for “retained EU” substitute “assimilated”;

(b)

in point 1.1.2(f) in Section I for “retained EU” substitute “assimilated”;

(c)

in Section II—

(i)

in point 2.1.4, in the third paragraph for “retained EU” substitute “assimilated”;

(ii)

in point 2.6.1.1, in the first indent for “retained EU” substitute “assimilated”;

(d)

in Section III—

(i)

in point 3.2.1, in the second paragraph for “retained EU”, in both place it occurs, substitute “assimilated”;

(ii)

in point 3.2.2, in the final paragraph for “retained EU”, in both place it occurs, substitute “assimilated”.

Regulation (EC) No 1331/2008

12.

Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings227 is amended as follows—

(a)

in Article 3(4) for “retained EU” substitute “assimilated”;

(b)

in Article 7(1) for “retained EU” substitute “assimilated”.

Regulation (EC) No 1332/2008

13.

In Article 11(1)(g) of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97228 for “retained EU” substitute “assimilated”.

Regulation (EC) No 1333/2008

14.

Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives229 is amended as follows—

(a)

in Article 2(2)(b) and (4) for “retained EU” substitute “assimilated”;

(b)

in Article 22(1)(g) for “retained EU” substitute “assimilated”.

Regulation (EC) No 1334/2008

15.

In Article 15(1)(g) of Regulation (EC) No 1334/2008 of the European Parliament of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC230 for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 152/2009

16.

Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed231 is amended as follows—

(a)

in Annex 1—

(i)

in the fourth paragraph in point 1 (in both place it occurs) for “retained EU” substitute “assimilated”;

(ii)

in the fourth paragraph in point 8.2.1 (in both place it occurs) for “retained EU” substitute “assimilated”;

(iii)

in the second paragraph in point 8.2.2 (in both place it occurs) for “retained EU” substitute “assimilated”;

(iv)

in point 8.3 (in both place it occurs) for “retained EU” substitute “assimilated”;

(v)

in point 8.4.1 (in both place it occurs) for “retained EU” substitute “assimilated”;

(vi)

in point 8.4.2.2 (in both place it occurs) for “retained EU” substitute “assimilated”;

(b)

in point 7.1.4 of Chapter II of Part B of Annex 5 for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 450/2009

17.

Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food232 is amended as follows—

(a)

in Article 5(2)(b) for “retained EU” substitute “assimilated”;

(b)

in Article 9 (in each place it occurs) for “retained EU” substitute “assimilated”;

(c)

in point 6 of Annex 2 for “retained EU” substitute “assimilated”.

Regulation (EC) No 767/2009

18.

In the heading of Annex 8 of Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC233 for “retained EU” substitute “assimilated”.

Commission Regulation (EU) No 234/2011

19.

In Article 4(g) and (i) of Commission Regulation (EU) No 234/2011 of 10 March 2011 implementing Regulation (EC) No 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings234 for “retained EU” substitute “assimilated”.

Commission Implementing Decision 2011/884/EU

20.

In Article 5(6) of Commission Implementing Decision of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC235 for “retained EU” substitute “assimilated”.

Commission Implementing Regulation (EU) No 208/2013

21.

In Article 1 of Commission Implementing Regulation (EU) No 208/2013 of 11 March 2013 on traceability requirements for sprouts and seeds intended for the production of sprouts236 for “retained EU” substitute “assimilated”.

Regulation (EU) 2015/2283

22.

In Article 12(1)(b) of Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001237 for “retained direct EU” substitute “assimilated direct”.

Commission Implementing Regulation (EU) 2016/759

23.

In Article 4(1) of Commission Implementing Regulation (EU) 2016/759 of 28 April 2016 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down certificate requirements, amending Regulation (EC) No 2074/2005 and repealing Decision 2003/812/EC238 for “retained EU” substitute “assimilated”.

Schedule 12Health and Safety Executive

Regulation 2

Part 1Subordinate Legislation

Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

1.

In paragraph 6 of Schedule 4 to the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019239 for “retained direct EU” substitute “assimilated direct”.

Part 2Assimilated Direct Legislation

Regulation (EC) No 1272/2008

2.

In Article 32(6) of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006240 for “retained EU” substitute “assimilated”.

Regulation (EU) No 649/2012

3.

Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals241 is amended as follows—

(a)

in Article 3(4), (7), (8), (10)(a) and (11)(a) for “retained EU” substitute “assimilated”;

(b)

in Article 8(4) for “retained EU” substitute “assimilated”;

(c)

in Article 14(11) for “retained EU” substitute “assimilated”;

(d)

in Article 17(1) for “retained EU” substitute “assimilated”;

(e)

in Article 23(1) for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) No 1062/2014

4.

Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council242 is amended as follows—

(a)

in Article 22A(2) for “retained EU” substitute “assimilated”;

(b)

in Article 22B(2) for “retained EU” substitute “assimilated”.

Schedule 13Department for Energy Security and Net Zero

Regulation 2

Part 1Subordinate legislation

Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

1.

(1)

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999243 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 3(1), in paragraph (b) of the definition of “appropriate particulars”;

(b)

regulation 6(3);

(c)

paragraph 2(c)(vi) of Schedule 1;

(d)

paragraph 10 of Schedule 2.

Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

2.

(1)

The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999244 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 2(1), in paragraph (b) of the definition of “appropriate particulars”;

(b)

regulation 6(2)(a);

(c)

paragraph 10 of Schedule 1;

(d)

paragraph 2(c)(vi) of Schedule 2.

Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

3.

(1)

The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999245 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 2(1), in the definition of “EU environmental assessment”;

(b)

paragraphs 5 and 8 of Schedule 1;

(c)

paragraph 2(c)(vi) of Schedule 2.

Pipe-line Works (Environmental Impact Assessment) Regulations 2000

4.

(1)

The Pipe-line Works (Environmental Impact Assessment) Regulations 2000246 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 2, in paragraph (b) of the definition of “appropriate particulars”;

(b)

regulation 4(2);

(c)

paragraph 10 of Schedule 1;

(d)

paragraph 2(c)(vi) of Schedule 2.

Ecodesign for Energy-Related Products Regulations 2010

5.

In regulation 3(3) of the Ecodesign for Energy-Related Products Regulations 2010247 for “retained EU” substitute “assimilated”.

Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

6.

(1)

The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013248 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 7(1)(b);

(b)

regulation 12(3).

Electricity Capacity Regulations 2014

7.

In regulation 65(2)(b)(v) of the Electricity Capacity Regulations 2014249 for “a retained EU” substitute “an assimilated”.

Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

8.

(1)

The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017250 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 12(3)(a);

(b)

regulation 15(1)(b);

(c)

regulation 42(4A)(d)(iii);

(d)

paragraph 2(c)(vii) of Schedule 3;

(e)

paragraph 8(2) of Schedule 4.

Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

9.

(1)

The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019251 are amended as follows.

(2)

In the text of the modifications made by the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

regulation 37(4);

(b)

regulation 62(5);

(c)

paragraphs 6(c)(i), 7(b), (c) and (e)(i) and 8(e) of Schedule 4.

Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

10.

(1)

The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020252 are amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

regulation 6(3)(c);

(b)

paragraph 3(b) of Schedule 4;

(c)

paragraph 2(c)(vi) of Schedule 5;

(d)

paragraph 5(d) of Schedule 6.

Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020

11.

(1)

The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020253 are amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

regulation 29(1);

(b)

regulation 30(1);

(c)

regulation 31(1);

(d)

regulation 32(1).

Part 2Assimilated direct legislation

Regulation (EC) No 715/2009

12.

(1)

Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005254 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 6(1)(c);

(b)

Article 6(8), in each place it occurs.

(3)

In Article 6(8)(b) for “retained direct minor EU” substitute “assimilated direct minor”.

(4)

In Article 31 for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) No 1227/2011

13.

(1)

Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency255 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 8(3);

(b)

Article 8(4)(e);

(c)

Article 11;

(d)

Article 17(3).

(3)

In Article 8(7)(b) for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) 2017/1938

14.

(1)

Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010256 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 7(4)(e);

(b)

Article 15(3).

Regulation (EU) 2019/943

15.

(1)

Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity257 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 3(j) (as it applies in England and Wales, and Scotland);

(b)

Article 18(8A)(a)(iii) and (b)(iii).

(3)

In Article 70 (as it applies in England and Wales, and Scotland) for “retained direct EU” substitute “assimilated direct”.

Schedule 14Scottish Statutory Instruments

Regulation 2

Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017

1.

The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017258 are amended as follows—

(a)

in regulation 22(2)(b) for “retained EU” substitute “assimilated”;

(b)

in paragraph 2(c)(vi) of Schedule 3 for “retained EU” substitute “assimilated”;

(c)

in paragraph 8 of Schedule 4 for “retained EU” substitute “assimilated”.

Schedule 15Department for Environment, Food and Rural Affairs

Regulation 2

Part 1Subordinate legislation

Urban Waste Water Treatment (England and Wales) Regulations 1994

1.

The Urban Waste Water Treatment (England and Wales) Regulations 1994259 are amended as follows—

(a)

in regulation 5(8)(a)260 for “retained EU” substitute “assimilated”;

(b)

in paragraph (c) of Part 1 of Schedule 1261 for “retained EU” substitute “assimilated”;

(c)

in paragraph 4 of Part 1 of Schedule 3262 for “retained EU” substitute “assimilated”;

(d)

in Schedule 4263 for “retained EU” substitute “assimilated”.

Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

2.

The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999264 are amended as follows—

(a)

in regulation 2(1), in the definition of “EU environmental assessment”265 for “retained EU” substitute “assimilated”;

(b)

in Schedule 1266

(i)

in paragraph 6 for “retained EU” substitute “assimilated”;

(ii)

in paragraph 9 for “retained EU” substitute “assimilated”;

(c)

in Schedule 2, in paragraph 2(c)(vi)267 for “retained EU” substitute “assimilated”.

Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

3.

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999268 are amended as follows—

(a)

in regulation 2(1), in the definition of “EU environmental assessment”269 for “retained EU” substitute “assimilated”;

(b)

in Schedule 1270

(i)

in paragraph 6 for “retained EU” substitute “assimilated”;

(ii)

in paragraph 9 for “retained EU” substitute “assimilated”.

Forest Reproductive Material (Great Britain) Regulations 2002

4.

In the Forest Reproductive Material (Great Britain) Regulations 2002271

(a)

in regulation 18(3)(c)272, so far as that regulation applies in England and Wales, for “retained EU” substitute “assimilated”;

(b)

in regulation 18A(3)(c)273 for “retained EU” substitute “assimilated”.

End-of-Life Vehicles Regulations 2003

5.

In regulation 2A(3)(b) of the End-of-Life Vehicles Regulations 2003274, in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004

6.

The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004275 are amended as follows—

(a)

in Schedule 1276

(i)

in paragraph 4(2)(b) for “retained EU” substitute “assimilated”;

(ii)

in paragraph 16(1) and (2) for “retained EU” substitute “assimilated”;

(b)

in Schedule 3, in the definition of “Good surface water chemical status”277 for “retained EU” substitute “assimilated”;

(c)

in Schedule 5278 for “retained EU” substitute “assimilated” in the following places—

(i)

paragraph 2(d);

(ii)

paragraph 3;

(iii)

paragraph 4(b);

(iv)

paragraph 5(a) and (b);

(v)

paragraph 7(a) and (b);

(vi)

paragraph 12(b)(i)(aa) and (bb);

(vii)

paragraph 12(b)(ii)(aa);

(viii)

paragraph 13(a)(i), (ii) and (iii);

(ix)

paragraph 14(d) and (f);

(x)

paragraph 16(a);

(xi)

paragraph 18(c);

(xii)

paragraph 24(b);

(xiii)

paragraph 28(b).

Environmental Assessment of Plans and Programmes Regulations 2004

7.

The Environmental Assessment of Plans and Programmes Regulations 2004279 are amended as follows—

(a)

in regulation 12(4) for “retained EU” substitute “assimilated”;

(b)

in paragraph 1(e) of Schedule 1 for “retained EU” substitute “assimilated”.

End-of-Life Vehicles (Producer Responsibility) Regulations 2005

8.

In regulation 2B(5)(b) of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005280, in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Environmental Stewardship (England) Regulations 2005

9.

In regulation 3(3)(b) of the Environmental Stewardship (England) Regulations 2005281 for “retained EU” substitute “assimilated”.

Hazardous Waste (England and Wales) Regulations 2005

10.

In regulation 2A of the Hazardous Waste (England and Wales) Regulations 2005282

(a)

in paragraph (3)(a)(i) for “retained EU” substitute “assimilated”;

(b)

in paragraph (6)(b), in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Environmental Noise (England) Regulations 2006

11.

In regulation 22(2)(b) and (3) of the Environmental Noise (England) Regulations 2006283 for “retained EU” substitute “assimilated”.

Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

12.

The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006284 are amended as follows—

(a)

in regulation 2(1), in the definition of “EU environmental assessment”285 for “retained EU” substitute “assimilated”;

(b)

in paragraph 2(c)(vi) of Schedule 2286 for “retained EU” substitute “assimilated”;

(c)

in Schedule 3287

(i)

in paragraph 6 for “retained EU” substitute “assimilated”;

(ii)

in paragraph 9 for “retained EU” substitute “assimilated”.

Producer Responsibility Obligations (Packaging Waste) Regulations 2007

13.

In Regulation 2B(4)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007288, in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Marine Works (Environmental Impact Assessment) Regulations 2007

14.

The Marine Works (Environmental Impact Assessment) Regulations 2007289 are amended as follows—

(a)

in regulation 2(1), in the definition of “EU environmental assessment”290 for “retained EU” substitute “assimilated”;

(b)

in paragraph 2(c)(vi) of Schedule 1291 for “retained EU” substitute “assimilated”;

(c)

in paragraph 1(1B) of Schedule 2292 for “a retained EU” substitute “an assimilated”;

(d)

in paragraphs 6 and 9 of Schedule 3293 for “retained EU” substitute “assimilated”.

Batteries and Accumulators (Placing on the Market) Regulations 2008

15.

In regulation 7(6)(b) of the Batteries and Accumulators (Placing on the Market) Regulations 2008294, in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Waste Batteries and Accumulators Regulations 2009

16.

The Waste Batteries and Accumulators Regulations 2009295 are amended as follows—

(a)

in regulation 2A(4)(b)296, in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”;

(b)

in paragraph 10(3)(a)(ii) of Schedule 4297 for “retained EU” substitute “assimilated”.

Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

17.

The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009298 are amended as follows—

(a)

in regulation 2A(10)(b) and (11)(d)(i) for “retained EU” substitute “assimilated”;

(b)

in regulation 2C(3)(a)(i) for “retained EU” substitute “assimilated”;

(c)

in regulation 2C(5)(b), in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

INSPIRE Regulations 2009

18.

In regulation 12(6) of the INSPIRE Regulations 2009299 for “retained EU” substitute “assimilated”.

Air Quality Standards Regulations 2010

19.

In regulation 2A(1)(g) of the Air Quality Standards Regulations 2010300 for “retained EU” substitute “assimilated”.

Marine Strategy Regulations 2010

20.

The Marine Strategy Regulations 2010301 are amended as follows—

(a)

in regulation 2(5)(b)(ii)302 for “retained EU” substitute “assimilated”;

(b)

in regulation 16303 for “retained EU” substitute “assimilated”;

(c)

in regulation 22(3)304 for “retained direct EU” substitute “assimilated direct”;

(d)

in regulation 26(3)(a)305 for “retained direct EU” substitute “assimilated direct”;

(e)

in paragraph 5(d) of Part 1 of Schedule 1306 for “retained EU” substitute “assimilated”;

(f)

in paragraphs 9(c)(i) and 12(a) of Schedule 3307 for “retained EU” substitute “assimilated”.

Seed Marketing Regulations 2011

21.

In paragraph 8(8) of Schedule 4 of the Seed Marketing Regulations 2011308 for “retained EU” substitute “assimilated”.

Waste (England and Wales) Regulations 2011

22.

The Waste (England and Wales) Regulations 2011309 are amended as follows—

(a)

in regulation 3C(11)(b) and (12)(d)(i) for “retained EU” substitute “assimilated”;

(b)

in regulation 3D(3)(a)(i) for “retained EU” substitute “assimilated”;

(c)

in regulation 3D(6)(b), in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Trade in Animals and Related Products Regulations 2011

23.

The Trade in Animals and Related Products Regulations 2011310 are amended as follows—

(a)

in paragraphs (1) and (4)(a), (c) and (e) of regulation 15311 for “retained direct EU” substitute “assimilated direct”;

(b)

in paragraph 11A(1) of Schedule 2312 for “retained direct minor EU” substitute “assimilated direct minor”.

Incidental Flooding and Coastal Erosion (England) Order 2011

24.

In article 3(3) of the Incidental Flooding and Coastal Erosion (England) Order 2011313 for “retained EU” substitute “assimilated”.

Wine Regulations 2011

25.

The Wine Regulations 2011, as they apply in England, Wales and Scotland314, are amended as follows—

(a)

in regulation 2—

(i)

in paragraph (1) (in both places it occurs) for “retained EU” substitute “assimilated”;

(ii)

in paragraph (2), in the definition of “the retained EU Regulations”, for “retained EU” substitute “assimilated”;

(b)

in regulation 3(1) and (5) for “retained EU” substitute “assimilated”;

(c)

regulation 4(1) and (2)(a)(i) for “retained EU” substitute “assimilated”;

(d)

in regulation 7(1) for “retained EU” substitute “assimilated”;

(e)

in regulation 8(1) for “retained EU” substitute “assimilated”;

(f)

in regulation 9(1)(a) for “retained EU” substitute “assimilated”;

(g)

in regulation 10(1) and (2)(a) for “retained EU” substitute “assimilated”;

(h)

in regulation 11(2)(b) for “retained EU” substitute “assimilated”;

(i)

regulation 12(2) for “retained EU” substitute “assimilated”;

(j)

in regulation 14(1), (2)(b) and (3)(a) for “retained EU” substitute “assimilated”.

Controlled Waste (England and Wales) Regulations 2012

26.

Regulation 2A of the Controlled Waste (England and Wales) Regulations 2012315 is amended as follows—

(a)

in paragraph (3)(a)(i) for “retained EU” substitute “assimilated”;

(b)

in paragraph (5)(b), in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Plant Protection Products (Sustainable Use) Regulations 2012

27.

The Plant Protection Products (Sustainable Use) Regulations 2012316 are amended as follows—

(a)

in regulation 9(4) and (4A)317 for “retained EU” substitute “assimilated”;

(b)

in Schedule A1318 for “retained EU” substitute “assimilated” in the following places—

(i)

paragraph 4(a);

(ii)

paragraph 4(aa), in the inserted paragraph 1A;

(iii)

paragraph 6(b);

(iv)

paragraph 6(c), in the inserted paragraph 3A;

(v)

paragraph 12(a);

(vi)

paragraph 12(b), in the inserted paragraph 1A.

Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

28.

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, as they apply in England, Wales and Scotland319, are amended as follows—

(a)

in regulation 8, in both places it occurs, for “retained EU” substitute “assimilated”;

(b)

in regulation 12(2) for “retained EU” substitute “assimilated”;

(c)

in regulation 18(3) for “retained EU” substitute “assimilated”;

(d)

in regulation 24(3) for “retained EU” substitute “assimilated”.

Bathing Water Regulations 2013

29.

In regulation 5(5)(a) of the Bathing Water Regulations 2013320 for “retained EU” substitute “assimilated”.

Waste Electrical and Electronic Equipment Regulations 2013

30.

The Waste Electrical and Electronic Equipment Regulations 2013321 are amended as follows—

(a)

in regulation 2B(5)(b), in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”;

(b)

in regulation 10—

(i)

in the heading for “Retained EU” substitute “Assimilated”;

(ii)

for “retained EU” substitute “assimilated”.

Olive Oil (Marketing Standards) Regulations 2014

31.

The Olive Oil (Marketing Standards) Regulations 2014, as they apply in England, Wales and Scotland322, are amended as follows—

(a)

in regulation 2—

(i)

in paragraph (2)323 for “retained EU” substitute “assimilated”;

(ii)

in paragraph (3)324 for “retained EU”, in both places it occurs, substitute “assimilated”;

(b)

in regulation 4325 for “retained EU” substitute “assimilated”;

(c)

in regulation 6(1), (3)(c) and (5)(a)326 for “retained EU” substitute “assimilated”;

(d)

in regulation 7(2)327 for “retained EU” substitute “assimilated”;

(e)

in regulation 11(1)(c)328 for “retained EU” substitute “assimilated”.

Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

32.

In regulation 20 of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014329, in paragraph (b) of the definition of “EU requirement” for “retained EU” substitute “assimilated”.

Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015

33.

In regulation 2(1) of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015330, in the definition of “unauthorised substance” for “retained EU” substitute “assimilated”.

Environmental Damage (Prevention and Remediation) (England) Regulations 2015

34.

In paragraph 1A of Schedule 2 to the Environmental Damage (Prevention and Remediation) (England) Regulations 2015331 for “retained EU” substitute “assimilated”.

Packaging (Essential Requirements) Regulations 2015

35.

The Packaging (Essential Requirements) Regulations 2015, as they apply in England, Wales and Scotland332, are amended as follows—

(a)

in regulation 2A(3)(b)333, in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”;

(b)

in paragraph 3(1) of Schedule 1334 for “retained EU” substitute “assimilated”.

Welfare of Animals at the Time of Killing (England) Regulations 2015

36.

In paragraph 3(2) of Schedule 2 of the Welfare of Animals at the Time of Killing (England) Regulations 2015335 for “retained EU” substitute “assimilated”.

Flood Reinsurance (Scheme Funding and Administration) Regulations 2015

37.

In regulation 11(1)(a)(i) of the Flood Reinsurance (Scheme Funding and Administration) Regulations 2015336 for “retained direct EU” substitute “assimilated direct”.

Environmental Permitting (England and Wales) Regulations 2016

38.

The Environmental Permitting (England and Wales) Regulations 2016337 are amended as follows—

(a)

in regulation 20(5)(b)(i) and (8)(a) for “retained EU” substitute “assimilated”;

(b)

in regulation 61(3)(a) for “retained EU” substitute “assimilated”;

(c)

in paragraph 6 of Schedule 1A—

(i)

in sub-paragraph (3)(c) for “retained EU” substitute “assimilated”;

(ii)

in sub-paragraph (3)(g) for “retained direct EU” substitute “assimilated direct”;

(iii)

in sub-paragraph (9)(b) for “retained EU” substitute “assimilated”;

(iv)

in sub-paragraph (12)(a)(ii) for “retained EU” substitute “assimilated”;

(v)

in sub-paragraph (12)(c)(i) for “retained EU” substitute “assimilated”;

(d)

in paragraph 7(7)(b) of Schedule 1A for “retained EU” substitute “assimilated”;

(e)

in paragraph 9 of Schedule 1A—

(i)

in sub-paragraph (11)(b)(i) for “retained EU” substitute “assimilated”;

(ii)

in sub-paragraph (12)(d)(i) for “retained EU” substitute “assimilated”;

(f)

in paragraph 12 of Schedule 1A—

(i)

in sub-paragraph (3)(a)(i) for “retained EU” substitute “assimilated”;

(ii)

in sub-paragraph (7)(b), in the inserted paragraph 1A(a), for “retained direct EU” substitute “assimilated direct”.

Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

39.

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017338 are amended as follows—

(a)

in regulation 10(2)(b) for “retained EU” substitute “assimilated”;

(b)

in regulation 11(4)(a) for “retained EU” substitute “assimilated”;

(c)

in regulation 13(6), in both places it occurs, for “retained EU” substitute “assimilated”;

(d)

in regulation 14(b) for “retained EU” substitute “assimilated”;

(e)

in regulation 20(2)(j)(iv)(aa) for “retained EU” substitute “assimilated”;

(f)

in regulation 36(1), (3) and (5) for “retained EU” substitute “assimilated”;

(g)

in the definition of “good surface water chemical status” in paragraph 1(2) of Schedule 1 for “retained EU” substitute “assimilated”;

(h)

in Schedule 5—

(i)

in paragraph 2(c) for “retained EU” substitute “assimilated”;

(ii)

in paragraph 3 for “retained EU” substitute “assimilated”;

(iii)

in paragraph 4(b) for “retained EU” substitute “assimilated”;

(iv)

in paragraph 5(a) and (b) for “retained EU” substitute “assimilated”;

(v)

in paragraph 7(a) and (b) for “retained EU” substitute “assimilated”;

(vi)

in paragraph 12(b)(i)(aa), (i)(bb) and (ii)(aa) for “retained EU” substitute “assimilated”;

(vii)

in paragraph 13(a)(i), (ii) and (iii) for “retained EU” substitute “assimilated”;

(viii)

in paragraph 14(d) and (f) for “retained EU” substitute “assimilated”;

(ix)

in paragraph 16(a) for “retained EU” substitute “assimilated”;

(x)

in paragraph 18(b) for “retained EU” substitute “assimilated”;

(xi)

in paragraph 24(b) for “retained EU” substitute “assimilated”;

(xii)

in paragraph 28(b) for “retained EU” substitute “assimilated”.

Conservation of Offshore Marine Habitats and Species Regulations 2017

40.

The Conservation of Offshore Marine Habitats and Species Regulations 2017 339 are amended as follows—

(a)

in regulation 38(13)(b) and (14) for “retained EU” substitute “assimilated”;

(b)

in regulation 40(5)(c) and (6) for “retained EU” substitute “assimilated”;

(c)

in regulation 45(11)(c) and (12) for “retained EU” substitute “assimilated”.

Carcase Classification and Price Reporting (England) Regulations 2018

41.

The Carcase Classification and Price Reporting (England) Regulations 2018340 are amended as follows—

(a)

in regulation 2(1)—

(i)

in the definition of “classification” for “retained EU” substitute “assimilated” in both places it occurs;

(ii)

omit the definitions of “retained EU beef provision” and “retained EU pig provision”;

(iii)

at the appropriate place insert—

““assimilated beef provision” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule”;

(iv)

at the appropriate place insert—

““assimilated pig provision” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule”;

(b)

in regulation 16 for “retained EU” substitute “assimilated”;

(c)

in regulation 27 for “retained EU”, in each place it occurs (including in the heading), substitute “assimilated”;

(d)

in regulation 28 for “retained EU”, in each place it occurs (including in the heading), substitute “assimilated”;

(e)

in regulation 37 for “retained EU”, in both places it occurs, substitute “assimilated”;

(f)

in Schedule 1—

(i)

in the heading for “Retained EU substitute “Assimilated”;

(ii)

in the heading of column 1 for “retained EU” substitute “assimilated”.

(g)

in Schedule 2—

(i)

in the heading for “Retained EU substitute “Assimilated”;

(ii)

in Part 1, in the heading of column 1 for “retained EU” substitute “assimilated”;

(iii)

in Part 2, in the heading of column 1 for “retained EU” substitute “assimilated”.

Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

42.

In paragraphs 14(a) and 19 of the Schedule to the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019341 for “retained EU” substitute “assimilated”.

Invasive Alien Species (Enforcement and Permitting) Order 2019

43.

The Invasive Alien Species (Enforcement and Permitting) Order 2019342 (as it applies in Northern Ireland) is amended as follows—

(a)

in the definition of “the retained EU Regulation” in article 2(1) for “retained EU” substitute “assimilated”;

(b)

in article 13A—

(i)

in paragraph (2)(a) and (b)(iii) and (iv) for “retained EU” substitute “assimilated”;

(ii)

in the definition of “list of species of special concern” in paragraph (4) for “retained EU” substitute “assimilated”.

Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

44.

In the following provisions of the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019343 for “retained EU” substitute “assimilated”

(a)

in regulation 9(1);

(b)

in regulation 27(1);

(c)

in regulation 28(1);

(d)

in regulation 29(1)(a);

(e)

in regulation 30(1);

(f)

in regulation 31(1);

(g)

in regulation 34(1);

(h)

in regulation 35(1)(a) and (b);

(i)

in regulation 36(1);

(j)

in regulation 37(1);

(k)

in regulation 39(1);

(l)

in regulation 40(1);

(m)

in regulation 41(1);

(n)

in regulation 42(1);

(o)

in regulation 43(1);

(p)

in regulation 44(1);

(q)

in regulation 45(1).

Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

45.

In regulation 2(1) of the Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019344, in the definition of “relevant legislation” for “retained direct EU” substitute “assimilated direct”.

Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

46.

The Official Controls (Plant Health and Genetically Modified Organisms (England) Regulations 2019345 are amended as follows—

(a)

in regulation 21(3), in the definition of “plant health derogation” for “retained EU” substitute “assimilated”;

(b)

in regulation 38(1)(f) for “retained direct EU” substitute “assimilated direct”;

(c)

in regulation 43(2)(b), in both places it occurs, for “retained EU” substitute “assimilated”;

(d)

in Schedule 3 in the heading for “retained direct EU” substitute “assimilated direct”.

Official Controls (Plant Protection Products) Regulations 2020

47.

In regulation 2(1) of the Official Controls (Plant Protection Products) Regulations 2020346, in the definition of “relevant legislation” for “retained direct EU” substitute “assimilated direct”.

Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020

48.

In regulation 19(3)(a) of the Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020347 for “retained direct EU” substitute “assimilated direct”.

Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

49.

In regulation 46(1) of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020348 for “retained direct EU”, in both places it occurs, substitute “assimilated direct”.

Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020

50.

In regulation 7 of the Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020349 for “retained direct EU” substitute “assimilated direct”.

Agricultural Holdings (Requests for Landlord’s Consent or Variation of Terms and the Suitability Test) (England) Regulations 2021

51.

In regulation 2 of the Agricultural Holdings (Requests for Landlord’s Consent or Variation of Terms and the Suitability Test) (England) Regulations 2021350 in the definition of “statutory duty”, for “retained direct EU” substitute “assimilated direct”.

Waste and Agriculture (Legislative Functions) Regulations 2022

52.

In regulation 10(1)(b) of the Waste and Agriculture (Legislative Functions) Regulations 2022351 for “retained EU” substitute “assimilated”.

Animal Welfare (Miscellaneous Amendments) Regulations 2022

53.

In regulation 5(3)(a)(ii) of the Animal Welfare (Miscellaneous Amendments) Regulations 2022352 for “retained EU” substitute “assimilated”.

Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022

54.

In regulation 17(19)(c)(i)(bb) of the Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022353 for “retained EU direct” substitute “assimilated direct”.

Part 2Assimilated direct legislation

Commission Regulation (EEC) No 2568/91

55.

In Article 7 of Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis354 for “retained direct EU” substitute “assimilated direct”.

Council Regulation (EC) No 2406/96

56.

In Article 7(2) of Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products355 for “retained direct EU” substitute “assimilated direct”.

Council Regulation (EC) No 1255/97

57.

(1)

Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC356 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 3(3)(a) and (c) and (5);

(b)

Article 4(3)(a);

(c)

Article 5(a).

Regulation (EC) No 1760/2000

58.

(1)

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97357 is amended as follows.

(2)

In Article 1(2) for “retained direct EU” substitute “assimilated direct”.

(3)

In Article 11 for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 2870/2000

59.

In Article 3(1) and (2)(b) of Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirits drinks358 for “retained EU” substitute “assimilated”.

Commission Decision (EC) 2001/171

60.

In Article A1(6)(b) of Commission Decision of 19 February 2001 establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste359 for “retained direct EU” substitute “assimilated direct”.

Regulation (EC) No 999/2001

61.

(1)

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies360 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 15(1);

(b)

Annex 9, Chapter D, Section B, point 2.

(3)

In Annex 4, Chapter 5, Section E, point 3(c) for “retained EU”, in both places it occurs, substitute “assimilated”.

Commission Decision (EC) 2002/657

62.

(1)

Commission Decision of 14 August 2002 implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results361 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 1;

(b)

Article 2;

(c)

Article 3;

(d)

Article 5.

Council Decision (EC) 2003/33

63.

(1)

Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex 2 to Directive 1999/31/EC362 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article A1(6A)(b);

(b)

Article A2(3)(a)(i).

(3)

In Article A2(5)(b) for “retained direct EU” substitute “assimilated direct”.

Regulation (EC) No 1830/2003

64.

(1)

Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC363 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(1)(a) to (c);

(b)

Article 4(5) and (6);

(c)

Article 4A(1);

(d)

Article 5(3).

Regulation (EC) No 1946/2003

65.

(1)

Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms364 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 6;

(b)

Article 12(2).

Council Regulation (EC) No 1954/2003

66.

In Article 11(3) of Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95365 for “retained direct EU” substitute “assimilated direct”.

Regulation (EC) No 2003/2003

67.

In Article 2(1)(r) of Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers366 for “retained EU” substitute “assimilated”.

Regulation (EC) No 2160/2003

68.

(1)

Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents367 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 1(5);

(b)

Article 8(2);

(c)

Article 10(1), (2) and (6);

(d)

Annex 2, Part B, point 2;

(e)

Annex 2, Part C, point 3 and, in both places it occurs, point 4;

(f)

Annex 2, Part D, point 2 and, in both places it occurs, point 3;

(g)

Annex 2, Part E, point 3.

Council Regulation (EC) No 21/2004

69.

In Article 1(2) of Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC368 for “retained EU direct” substitute “assimilated direct”.

Council Regulation (EC) No 1/2005

70.

(1)

Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97369 is amended as follows.

(2)

After Article 2(1)(b) insert—

“(ba) ‘assimilated veterinary legislation’ means legislation listed in Annex 2A to this Regulation and any subsequent implementing rules;”

(3)

Omit Article 2(1)(e).

(4)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(1)(r);

(b)

Article 9(2);

(c)

Article 10(1)(c);

(d)

Article 30(3);

(e)

Annex 2A, in the heading and in the words before paragraph (1);

(f)

Annex 4, paragraph 2.

Commission Decision (EC) 2005/51

71.

In Article A1 of Commission Decision of 21 January 2005 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes370 for “retained EU” substitute “assimilated”.

Regulation (EC) No 396/2005

72.

In Article 26(1) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC371 for “retained EU” substitute “assimilated”.

Regulation (EC) No 1013/2006

73.

(1)

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste372 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 1(3)(e);

(b)

Article 2(35)(e);

(c)

Article 2A(2)(a)(i);

(d)

Article 28(1);

(e)

Article 41(1)(b) and (2);

(f)

Article 43(1)(c);

(g)

Article 49(2);

(h)

Article 50(4b).

Regulation (EC) No 1907/2006

74.

(1)

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC373 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(1)(a);

(b)

Article 61(7)(a);

(c)

Article 62(5)(b)(i) and (ii);

(d)

Article 127F(2);

(e)

Annex 2, Part A, points 0.2.2, 7, 8.2.1, 13 and 15.1;

(f)

Annex 17, in Column 2 of the table, entry 58, point 2(a);

(g)

Annex 17, in Column 2 of the table, entry 63, point 8(k)(i).

(3)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 2(2C)(b);

(b)

Article 2A(5).

Council Regulation (EC) No 708/2007

75.

(1)

Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture374 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 3(8);

(b)

Article 13(a) and (b);

(c)

Article 19(a) and (b).

Council Regulation (EC) No 834/2007

76.

(1)

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91375 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 1(4);

(b)

Article 14(1)(b)(iii) and (e)(iv);

(c)

Article 15(1)(f)(iv);

(d)

Article 21(1)(ii);

(e)

Article 22(2)(h);

(f)

Article 23(3).

Regulation (EC) No 110/2008

77.

(1)

Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89376 is amended as follows.

(2)

In the following provisions for “retained direct principal EU” substitute “assimilated direct principal”

(a)

Article 25a(5)(a)(ii) and (b)(ii);

(b)

Article 25b(5)(c);

(c)

Article 25c(5)(c).

(3)

In the following provisions for “retained direct minor EU” substitute “assimilated direct minor”

(a)

Article 25a(5)(a)(iii) and (b)(iii);

(b)

Article 25b(5)(d);

(c)

Article 25c(5)(d).

Commission Regulation (EC) No 543/2008

78.

In Annex 5, point (e), to Commission Regulation (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultry meat377 for “retained direct EU” substitute “assimilated direct”.

Commission Regulation (EC) No 589/2008

79.

(1)

Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs378 is amended as follows.

(2)

In Article 12(3) for “retained direct EU” substitute “assimilated direct”.

(3)

In Annex II, paragraph 1(a) (as it applies in England and Wales) for “retained direct EU” substitute “assimilated direct”.

Commission Regulation (EC) No 889/2008

80.

(1)

Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control379 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 14(7);

(b)

Article 15(2);

(c)

Article 25(5);

(d)

Article 27(1)(f)(i);

(e)

Article 92c(3);

(f)

Annex 7, paragraphs 2.1 and 2.2.

Commission Decision (EC) 2009/292

81.

In Article 1A(6)(b) of Commission Decision of 24 March 2009 establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste380 for “retained direct EU” substitute “assimilated direct”.

Commission Decision (EC) 2009/337

82.

In Article A3(4)(b) of Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex 3 to Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries381 for “retained direct EU” substitute “assimilated direct”.

Commission Decision (EC) 2009/359

83.

In Article 1B(4)(b) of Commission Decision of 30 April 2009 completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries382 for “retained direct EU” substitute “assimilated direct”.

Commission Decision (EC) 2009/360

84.

In Article A1(6)(b) of Commission Decision of 30 April 2009 completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries383 for “retained direct EU” substitute “assimilated direct”.

Regulation (EC) No 470/2009

85.

(1)

Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council384 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 1(3);

(b)

Article 23.

Regulation (EC) No 1069/2009

86.

(1)

Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)385 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 6(1)(a);

(b)

Article 8(c);

(c)

Article 9(c) and (e)(i);

(d)

Article 26(3);

(e)

Article 41(1).

Council Regulation (EC) No 1099/2009

87.

(1)

Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing386 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 18(1);

(b)

Article 21(6).

Regulation (EC) No 1107/2009

88.

(1)

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC387 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(1)(c);

(b)

Article 31(4)(a);

(c)

Article 36(3);

(d)

Article 49(4);

(e)

Article 66(3).

Council Regulation (EC) No 1224/2009

89.

(1)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006388 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 4(2) and (14);

(b)

Article 7(1)(e);

(c)

Article 56(2).

Commission Regulation (EU) No 206/2010

90.

In Article 1(4) of Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements389 for “retained EU” substitute “assimilated”.

Commission Regulation (EU) No 142/2011

91.

(1)

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive390 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 19(b)(viii);

(b)

Article 26;

(c)

Article 34;

(d)

Annex 1, point 19(b);

(e)

Annex 3, Chapter 1, Section 1, point 1(b);

(f)

Annex 3, Chapter 1, Section 3, point 1;

(g)

Annex 3, Chapter 4, Section 1, point 1(b);

(h)

Annex 3, Chapter 4, Section 3, point 1;

(i)

Annex 3, Chapter 5, point A(2)(d);

(j)

Annex 4, Chapter 1, Section 1, point 4;

(k)

Annex 4, Chapter 1, Section 2, point 4;

(l)

Annex 4, Chapter 4, Section 2, point F(2)(f);

(m)

Annex 6, Chapter 1, Section 1, point 4(b);

(n)

Annex 8, Chapter 1, Section 1, point 4;

(o)

Annex 9, Chapter 2, point (h);

(p)

Annex 9, Chapter 5, Section 2, point A(3.1);

(q)

Annex 9, Chapter 5, Section 2, point B(3)(d);

(r)

Annex 11, Chapter 2, Section 1, point 3(b);

(s)

Annex 12, point 1(b)(i);

(t)

Annex 12, point 3(a);

(u)

Annex 13, Chapter 2, point 2(b);

(v)

Annex 13, Chapter 12, point (a)(i);

(w)

Annex 14, Chapter 2, Section 4, point 3(a)(i);

(x)

Annex 14, Chapter 2, Section 8, point 1;

(y)

Annex 16, Chapter 1, Section 1, point 1(a)(iv) in both places it occurs.

Council Regulation (EU) No 333/2011

92.

(1)

Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council391 is amended as follows.

(2)

In Article 2A(3)(a)(i) for “retained EU” substitute “assimilated”.

(3)

In Article 2A(6)(b) for “retained direct EU” substitute “assimilated direct”.

Commission Implementing Regulation (EU) No 404/2011

93.

In Annex 30, in row 2 of the table, to Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy392 for “retained direct EU” substitute “assimilated direct”.

Commission Regulation (EU) No 545/2011

94.

In Annex 1, point 4, in the first indent, to Commission Regulation (EU) No 545/2011 of 10 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the data requirements for plant protection products393 for “retained EU” substitute “assimilated”.

Commission Regulation (EU) No 546/2011

95.

(1)

Commission Regulation (EU) No 546/2011 of 10 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards uniform principles for evaluation and authorisation of plant protection products394 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Annex, Part 1, Part C, point 1.6;

(b)

Annex, Part 1, Part C, point 2.4.1.2;

(c)

Annex, Part 2, Part C, point 1.6(b);

(d)

Annex, Part 2, Part C, point 2.6.1.3.

Regulation (EU) No 1169/2011

96.

(1)

Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004395 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 1(4);

(b)

Article 2(2)(b), (c), (n) and (y);

(c)

Article 7(3);

(d)

Article 11;

(e)

Article 13(2);

(f)

Article 16(3) and (4);

(g)

Article 26(1);

(h)

Article 28(1);

(i)

Article 38;

(j)

Annex 7, Part E, point 2(a) and (c);

(k)

Annex 8, point 1(a)(ii) and (b);

(l)

Annex 9, point 2;

(m)

Annex 10, point 1(d).

(3)

In the following provisions for “retained direct minor EU” substitute “assimilated direct minor”

(a)

Article 51(4)(a);

(b)

Article 51a(3)(a);

(c)

Article 51b(2)(a).

Commission Regulation (EU) No 493/2012

97.

In Article 2(4)(b) of Commission Regulation (EU) No 493/2012 of 11 June 2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators396 for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) No 1151/2012

98.

(1)

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs397 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(3);

(b)

Article 3(27);

(c)

Article 18(4);

(d)

Article 28(1);

(e)

Article 43.

(3)

In Article 41(4)(e) for “retained direct EU” substitute “assimilated direct”.

(4)

In Article 56(6)(b) for “retained direct principal EU” substitute “assimilated direct principal”.

(5)

In Article 56(6)(c) for “retained direct minor EU” substitute “assimilated direct minor”.

Commission Regulation (EU) No 1179/2012

99.

In Article 2A(4)(b) of Commission Regulation (EU) No 1179/2012 of 10 December 2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council398 for “retained direct EU” substitute “assimilated direct”.

Commission Regulation (EU) No 284/2013

100.

(1)

Commission Regulation (EU) No 284/2013 of 1 March 2013 setting out the data requirements for plant protection products, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market399 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Annex, point 1.11;

(b)

Annex, Part A, points 1.4.3 and 4.4.

Commission Regulation (EU) No 715/2013

101.

(1)

Commission Regulation (EU) No 715/2013 of 25 July 2013 establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council400 is amended as follows.

(2)

In Article 2A(3)(a)(i) for “retained EU” substitute “assimilated”.

(3)

In Article 2A(6)(b) for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) No 1303/2013

102.

(1)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006401 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 1;

(b)

Article 4(2);

(c)

Article 65(11).

Regulation (EU) No 1305/2013

103.

In Article 16(5) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005402 for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) No 1306/2013

104.

(1)

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008403 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 58(3) (as it applies in England, Scotland, Wales and Northern Ireland, and in relation to direct payment schemes);

(b)

Article 59(4);

(c)

Article 89(2).

Regulation (EU) No 1307/2013

105.

In Article 34(4) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009404 for “retained EU” substitute “assimilated”.

Regulation (EU) No 1308/2013

106.

(1)

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 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 1234/2007405 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 1(1);

(b)

Article 200;

(c)

Annex 4, Section B, Part 5.

Regulation (EU) No 1380/2013

107.

(1)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC406 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 1(1), (2) and (8) and in the heading;

(b)

Article 3;

(c)

Article 4(1)—

(i)

in the words before paragraph (1);

(ii)

in paragraph (43), in both places it occurs;

(iii)

in paragraph (44);

(d)

Article 15(4)(a).

Regulation (EU) No 251/2014

108.

(1)

Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91407 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(16);

(b)

Article 10(2)(f);

(c)

Article 16.

(3)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 10(3)(b)(ii);

(b)

Article 18(3)(b).

(4)

In Article 33(7)(b) for “retained direct principal EU” substitute “assimilated direct principal”.

(5)

In Article 33(7)(c) for “retained direct minor EU” substitute “assimilated direct minor”.

Commission Delegated Regulation (EU) No 807/2014

109.

In Article 13(1)(e) of Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions408 for “retained direct EU” substitute “assimilated direct”.

Commission Implementing Regulation (EU) No 808/2014

110.

In Annex 1, Part 1, paragraph 8(2)(e), point 4, to Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)409 for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) No 1143/2014

111.

(1)

Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species410 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(2)(d) (as it applies in Scotland);

(b)

Article 14(2)(c);

(c)

Article 15(4)(a) and (b).

Commission Implementing Regulation (EU) 2015/1850

112.

In Article 8 of Commission Implementing Regulation (EU) 2015/1850 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products411 for “retained direct EU” substitute “assimilated direct”.

Commission Implementing Decision (EU) 2015/1901

113.

In Article 2(1)(b) of Commission Implementing Decision (EU) 2015/1901 of 20 October 2015 laying down certification rules and a model health certificate for importation into the Union of consignments of live animals and of animal products from New Zealand and repealing Decision 2003/56/EC412 for “retained direct EU” substitute “assimilated direct”.

Commission Delegated Regulation (EU) 2016/1238

114.

(1)

Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage413 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Annex 1, Part 1, point 1(d);

(b)

Annex 2, Part 1, point 1(e);

(c)

Annex 4, Part 1, point 3;

(d)

Annex 5, Part 1, point 3;

(e)

Annex 6, in the first paragraph.

Regulation (EU) 2016/2031

115.

(1)

Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC414 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(2) and (42);

(b)

Article 83(5);

(c)

Annex 1, Section 2, point (c)(i).

(3)

In Article 17(1) for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) 2017/625

116.

(1)

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)415 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 3(41);

(b)

Article 9(3)(b);

(c)

Article 53(1)(a).

Commission Decision (EU) 2017/848

117.

(1)

Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU416 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(3)(b);

(b)

Article 4(1)(b);

(c)

Annex 1, Part 1, in the section headed “Descriptor 5”—

(i)

paragraph 8(2)(a)(ii);

(ii)

paragraph 8(3)(a), (e), (g), (h) and (i)(ii);

(iii)

paragraph 8(4)(b), (e)(i)(aa) and (bb), (ii) and (iii), (f)(i) and (ii), (g)(i), (ii) and (iv), (h)(ii)(aa) and (bb);

(d)

Annex 1, Part 1, in the section headed “Descriptor 9”, in the heading;

(e)

Annex 2, paragraph 9(c)(i).

Regulation (EU) 2017/852

118.

(1)

Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008417 is amended as follows.

(2)

In Article 2(4)(b) for “retained direct EU” substitute “assimilated direct”.

(3)

In Article 5(1) for “retained EU” substitute “assimilated”.

Commission Implementing Regulation (EU) 2017/892

119.

In Article 34 of Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors418 for “retained EU” substitute “assimilated”.

Regulation (EU) 2017/1130

120.

(1)

Regulation (EU) 2017/1130 of the European Parliament and of the Council of 14 June 2017 defining characteristics for fishing vessels419 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 1;

(b)

Article 2(2);

(c)

Article 4(3).

Commission Implementing Decision (EU) 2017/2287

121.

In Article 1(5)(b) of Commission Implementing Decision (EU) 2017/2287 of 8 December 2017 specifying the forms to be used in relation to the import of mercury and of certain mixtures of mercury pursuant to Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury420 for “retained direct EU” substitute “assimilated direct”.

Commission Delegated Regulation (EU) 2018/273

122.

(1)

Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560421 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 2(1)(s);

(b)

Article 20(2)(a) and (c);

(c)

Article 25(2).

Commission Implementing Regulation (EU) 2018/274

123.

In Article 14(2) and (4) of Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks, and repealing Commission Implementing Regulation (EU) 2015/561422 for “retained EU” substitute “assimilated”.

Commission Implementing Regulation (EU) 2018/775

124.

(1)

Commission Implementing Regulation (EU) 2018/775 of 28 May 2018 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food423 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 1A;

(b)

Article 2(a)(vi).

Regulation (EU) 2018/973

125.

In Article 3(4A) of Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008424 for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) 2019/33

126.

(1)

Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation425 is amended as follows.

(2)

In Article 26(5)(b) for “retained direct EU” substitute “assimilated direct”.

(3)

In Article 32d(9)(b) for “retained direct principal EU” substitute “assimilated direct principal”.

(4)

In Article 32d(9)(c) for “retained direct minor EU” substitute “assimilated direct minor”.

(5)

In Article 42(2), (2b) and (4) for “retained EU” substitute “assimilated”.

Commission Implementing Regulation (EU) 2019/34

127.

In Article 20, in paragraph (b) of the definition of “enactment”, in Commission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks426 for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) 2019/472

128.

In Article 3(4A) of Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008427 for “retained EU” substitute “assimilated”.

Commission Implementing Regulation (EU) 2019/628

129.

(1)

Commission Implementing Regulation (EU) 2019/628 of 8 April 2019 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates428 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 4(1);

(b)

Article 28;

(c)

Article 29;

(d)

Article 33A.

Regulation (EU) 2019/787

130.

(1)

Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008429 is amended as follows.

(2)

In Article 35(4)(b) for “retained direct EU” substitute “assimilated direct”.

(3)

In Article 46(3)(b) for “retained direct principal EU” substitute “assimilated direct principal”.

(4)

In Article 46(3)(c) for “retained direct minor EU” substitute “assimilated direct minor”.

Regulation (EU) 2019/1021

131.

(1)

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants430 is amended as follows.

(2)

In Article 2C(3)(b) for “retained direct EU” substitute “assimilated direct”.

(3)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 3(3);

(b)

Article 7(4)(a) and (b)(iii);

(c)

Annex 1, Part A, in point 6 (in the fourth column) of the entry in the table for Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE);

(d)

Annex 1, Part A, in point 3 (in the fourth column) of the entry in the table for Hexabromocyclododecane.

Regulation (EU) 2019/1241

132.

(1)

Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005431 is amended as follows.

(2)

In the following provisions for “retained direct EU” substitute “assimilated direct”

(a)

Article 10(2) and (3);

(b)

Article 11(3) and (4);

(c)

Article 15(4)(b).

(3)

In Article 19(3) for “retained EU” substitute “assimilated”.

Commission Regulation (EU) 2019/1871

133.

(1)

Commission Regulation (EU) 2019/1871 of 7 November 2019 on reference points for action for non-allowed pharmacologically active substances present in food of animal origin and repealing Decision 2005/34/EC432 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 5;

(b)

Article 6, in both places it occurs.

Commission Implementing Regulation (EU) 2019/2072

134.

(1)

Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019433 is amended as follows.

(2)

In the following provisions for “retained EU” substitute “assimilated”

(a)

Article 6(2) and (3);

(b)

Annex 1.

Commission Implementing Decision (EU) 2020/248

135.

In Article 1B(3)(b) of Commission Implementing Decision (EU) 2020/248 of 21 February 2020 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC of the European Parliament and of the Council434 for “retained direct EU” substitute “assimilated direct”.

Explanatory Note
(This note is not part of the Regulations)

These Regulations are made in exercise of the power in section 19(1) (consequential provision) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) (“the 2023 Act”). Section 19(1) is the power to make appropriate provision in consequence of the 2023 Act provisions.

These Regulations amend or revoke various provisions of subordinate legislation and assimilated direct legislation in consequence of the following provisions of the 2023 Act—

(a)

section 2 of the 2023 Act which revoked section 4 of the European Union (Withdrawal) Act 2018 (c. 16) (“EUWA”) so that the rights etc. saved under section 4 of EUWA no longer continued to be recognised and available in domestic law;

(b)

section 4 of the 2023 Act which amended section 5 of EUWA so that general principles of EU law were no longer part of UK law from the end of 2023;

(c)

section 5 of the 2023 Act insofar as it renamed retained EU law (“REUL”) so that at all times after the end of 2023, REUL that remains in force is known as “assimilated law”. Section 5 of the 2023 Act also renamed terms related to REUL, for example, “retained direct EU legislation” is now known as “assimilated direct legislation” and “retained case law” is now known as “assimilated case law”.

Regulation 1(2) provides that these Regulations and the Schedules come into force on 27th February 2025.

Regulation 1(3) provides that a provision that amends or revokes an enactment has the same extent as the enactment to which it relates, unless otherwise specified.

Regulation 2 gives effect to the Schedules which contain the amendments to subordinate legislation and assimilated direct legislation.

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