Title and commencement1
1
The title of these Regulations is the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019.
2
These Regulations come into force on 14 December 2019.
Amendment of the Fishery Products (Official Controls Charges) (Wales) Regulations 2007
2
The Fishery Products (Official Controls Charges) (Wales) Regulations 2007 are amended as follows.
3
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
for the definition that begins ““Directive 2004/41”” substitute—
“Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 2406/96” (“Rheoliad 2406/96”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/2005”), “Regulation 2015/1375” (“Rheoliad 2015/1375”), “Regulation 2017/185” (“Rheoliad 2017/185”), “Regulation 2017/625” (“Rheoliad 2017/625”), “Regulation 2019/624” (“Rheoliad 2019/624”) and “Regulation 2019/627” (“Rheoliad 2019/627”) have the meanings respectively given to them in the Schedule;
ii
in the definition of “first placing on the market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;
iii
in the definition of “first sale in a fish market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;
iv
for the definition of “official controls” substitute—
“official controls” (“rheolaethau swyddogol”) has the meaning given to it in Article 2(1) of Regulation 2017/625;
v
in the definition of “processing”, for “Chapter V of Section B of Annex IV to Regulation 882/2004” substitute “Regulation 2017/625”;
vi
in the definition of “third country import”, for “a charge is payable under Regulation 882/2004” substitute “a charge set out in Annex 4 to Regulation 2017/625 is payable”;
b
after paragraph (2) insert—
3
In these Regulations, any reference to an EU instrument defined in the Schedule is a reference to that instrument as amended from time to time.
4
In regulation 3 (actual costs)—
a
for “listed in Annex VI to Regulation 882/2004” substitute “referred to in Articles 81 and 82 of Regulation 2017/625”;
b
for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.
5
In regulation 4 (Sterling equivalents of Euro), in paragraph (3)—
a
in sub-paragraph (b), after “in each subsequent year” insert “until the coming into force of the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019”;
b
after sub-paragraph (b) insert—
c
after the coming into force of the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019, the average of the rates published in the C Series of the Official Journal of the European Union for each of the days during the period of charge when the rate is published.
6
In regulation 9 (sums remitted from one food authority to another), for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.
7
In regulation 10 (payment of landings charge), for “Annex III to Regulation 854/2004”, in each place it occurs, substitute “Title 6 of and Annex 6 to Regulation 2019/627”.
8
In regulation 12 (charge in respect of processing establishments), for “Annex III to Regulation 854/2004”, in both places it occurs, substitute “Title 6 of and Annex 6 to Regulation 2019/627”.
9
For the Schedule (definitions of EU legislation), substitute the Schedule set out in the Schedule to these Regulations.