The Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) (No. 3) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the power conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation relating to food and horticulture.

Regulation 2 inserts a transitional provision into the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009. The effect of that transitional provision is that a person will not commit an offence in relation to a failure to comply with Article 7 of Commission Implementing Regulation (EU) 543/2011 in certain specified circumstances.

Regulation 3 amends the Eggs and Chicks (Wales) Regulations 2010 (“the 2010 Regulations”), which make provision for the enforcement and execution of marketing standards applicable to eggs for hatching, farmyard poultry chicks, and eggs in shell for human consumption.

Regulation 3(2) inserts a definition of “third country” into regulation 3(1) of the 2010 Regulations. Regulation 3(3) and (4) amends the Schedules to the 2010 Regulations to remove references to EU legislation which will no longer exist after exit day as a result of the withdrawal of the United Kingdom from the European Union. Regulation 3(5) removes a reference to “national” from Schedule 3 to the 2010 Regulations to align with changes being made to other retained EU law.

Regulation 4 amends the Poultrymeat (Wales) Regulations 2011 (“the 2011 Regulations”), which make provision for the enforcement and execution of marketing standards applicable to poultrymeat. The amendment inserts a definition of “third country” into regulation 2(1) of the 2011 Regulations.

Regulation 5 amends the Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019. The amendment in question, in turn, makes changes to the Beef and Veal Labelling (Wales) Regulations 2019 so that a person does not commit an offence relating to a failure to comply with Article 2(2)(b) of Commission Regulation (EC) 1825/2000 in certain specified circumstances.

Regulation 6 amends the Food Information (Wales) (Amendment) (EU Exit) Regulations 2019. The amendments in question in turn make changes to the Food Information (Wales) Regulations 2014. The first amendments remove references to stocks held “within the period before exit day” and “as at exit day”. Regulation 6(3) inserts “other products to which paragraph (3) applies may continue to be marketed until the end of the relevant period” which ensures non wine protected food name/geographical indicator products may continue to marketed for three years from the day after exit day.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.