2019 No. 463 (W. 111)

Agriculture, Wales

Livestock Industries

Animals, Wales

Animal Health

Animal Welfare

Education, Wales

Enviromental Protection, Wales

Food, Wales

Plant Health, Wales

Sea Fisheries, Wales

Conservation Of Sea Fish

Water, Wales

The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019

Made5th March 2019

Laid before the National Assembly for Wales6 March 2019

Coming into force28 March 2019

The Welsh Ministers make these Regulations in exercise of the powers conferred by—

(a)
except so far as relating to the regulations mentioned in paragraph (b), section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) M1; and
(b)
so far as relating to regulations 5, 6, 10 and 11, sections 1, 7(1), 8(1), 10, 14(1) and 23 of the Animal Health Act 1981 M2.

The Welsh Ministers are designated M3 for the purposes of section 2(2) of the 1972 Act in relation to—

(a)
measures in the veterinary and phytosanitary field for the protection of human health M4;
(b)
the common agricultural policy M5;
(c)
measures in respect of food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals M6;
(d)
measures relating to prevention and remedy of environmental damage M7;
(e)
measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms M8;
(f)
measures relating to the assessment and management of ambient air quality and compliance with air quality limit values, target values and objectives M9;
(g)
materials providing or intended to provide nutrients for plants M10;
(h)
the quality of water intended for domestic purposes or for use in a food production undertaking M11.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in regulation 9 to be construed as references to those instruments as amended from time to time.

There has been open and transparent public consultation during the preparation and evaluation of these Regulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M12.

PART 1General provisions

Title, application and commencement1.

(1)

The title of these Regulations is the Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019.

(2)

These Regulations apply in relation to Wales.

(3)

These Regulations come into force on 28 March 2019.

PART 2Amendments to legislation concerning agriculture

The EC Fertilisers (England and Wales) Regulations 20062.

In regulation 2(1) of the EC Fertilisers (England and Wales) Regulations 2006 M13, in the definition of “the Community Regulation” after “fertilisers” insert “ , as last amended by Commission Regulation (EU) 2016/1618 M14 ”.

The Bovine Semen (Wales) Regulations 20083.

In regulation 17(1)(c) of the Bovine Semen (Wales) Regulations 2008 M15, for “articles 3(2)(a) or 3(2)(b) of the Veterinary Surgery (Blood Sampling) Order 1983 M16” substitute “ articles 5(2) and 5(3) of the Veterinary Surgery (Exemptions) Order 2015 M17 ”.

The Official Feed and Food Controls (Wales) Regulations 20094.

(1)

The Official Feed and Food Controls (Wales) Regulations 2009 M18 are amended as follows.

(2)

In Schedule 3, in paragraph (a)—

(a)

omit sub-paragraph (iii);

(b)

for sub-paragraph (iv) substitute—

“(iv)
the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs M19,”.

PART 3Amendments to legislation concerning animals

The Foot and Mouth Disease (Wales) Order 20065.

(1)

The Foot and Mouth (Wales) Order 2006 M20 is amended as follows.

(2)

In article 3—

(a)

in the definition of “the Directive”, at the end insert, “ , as last amended by Commission Implementing Decision (EU) 2018/1099 M21 ”;

(b)

in the definition of “Regulation (EC) No. 1069/2009”, at the end insert “ , as last amended by Council Regulation (EU) 1385/2013 M22 ”;

(c)

in the definition of “Regulation (EU) No. 142/2011”, at the end insert “ , as last amended by Commission Regulation (EU) 2017/1262 M23 ”.

(3)

In article 32, for paragraph (5) substitute —

“(5)
In this article, “border inspection post” means one that has been listed in Commission Decision 2009/821/EC M24 drawing up a list of approved border inspection posts.”.

The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 20066.

In article 2(2) of the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 M25, after “Directive 92/40/EEC” insert “ , as last amended by Council Directive 2008/73/EC M26 ”.

The Cattle Identification (Wales) Regulations 20077.

(1)

The Cattle Identification (Wales) Regulations 2007 M27 are amended as follows.

(2)

In regulation 2(1)—

(a)

after the definition of “Commission Regulation (EC) No 494/98 M28” insert—

““Commission Regulation (EC) No 911/2004” (“Rheoliad y Comisiwn (EC) Rhif 911/2004”) means Commission Regulation (EC) No 911/2004 implementing Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards eartags, passports and holding registers, as last amended by Commission Implementing Regulation (EU) 2017/949 M29.”;

(b)

in the definition of “Regulation (EC) No 1760/2000 M30” (“Rheoliad (EC) Rhif 1760/2000”), at the end insert “ , as amended by Regulation (EU) 2016/429 of the European Parliament and the Council M31 ”.

(3)

In regulation 2(2)(c), omit the words from “(implementing” to “registers)”.

(4)

In Schedule 3, in paragraph 3(3)(a) of Part 1, after “Council” insert “ , as last amended by Regulation (EU) No 1385/2013 of the European Parliament and of the Council M32 ”.

The Zoonoses (Monitoring) (Wales) Regulations 20078.

In regulation 6(2) of the Zoonoses (Monitoring) (Wales) Regulations 2007 M33, for “the Poultry Breeding Flocks and Hatcheries (Wales) Order 2007 M34” substitute “ the Control of Salmonella in Poultry (Wales) Order 2008 M35 ”.

The Welfare of Farmed Animals (Wales) Regulations 20079.

In Schedule 5A to the Welfare of Farmed Animals (Wales) Regulations 2007 M36, in paragraph 1 of Part 1—

(a)

in the definition of “Regulation 853/2004 M37” (“Rheoliad 853/2004”), at the end insert “ , as last amended by Commission Regulation (EU) 2017/1981 of 31 October 2017 M38 ”;

(b)

in the definition of “Regulation 854/2004 M39” (“Rheoliad 854/2004”), at the end insert “ , as last amended by Commission Regulation (EU) 2015/2285 of 8 December 2015 M40 ”.

The Control of Salmonella in Poultry (Wales) Order 200810.

In article 3 of the Control of Salmonella in Poultry (Wales) Order 2008 M41, before paragraph (a), insert —

“(za)
Regulation (EC) No 2160/2003;”.

The Control of Salmonella in Turkey Flocks (Wales) Order 201011.

In article 3 of the Control of Salmonella in Turkey Flocks (Wales) Order 2010 M42, before paragraph (a), insert —

“(za)
Regulation (EU) No 1190/2012;”.

The Trade in Animals and Related Products (Wales) Regulations 201112.

(1)

The Trade in Animal and Related Products Regulations (Wales) Regulations 2011 M43 are amended as follows.

(2)

In regulation 2(1), in the definition of “product” (“cynnyrch”), after “97/78/EC)” insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 M44 ”.

(3)

In regulation 9, after “2007/275/EC”, insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 M45 ”.

(4)

In regulation 10(a) after “countries” insert “ , as last amended by Commission Implementing Regulation (EU) No 494/2014 M46 ”.

(5)

In regulation 11(4) after “countries” insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 ”.

(6)

In regulation 12(4), after “2007/275/EC” insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 ”.

(7)

In regulation 15(1)(a), after “countries” insert “ as last amended by Council Directive 2013/20/EU M47 ”.

(8)

In regulation 20 after sub-paragraph (3) insert—

“(4)
In this regulation “Regulation (EC) No 1069/2009” (“Rheoliad (EC) Rhif 1069/2009”) means Regulation (EC) No 1069/2009 M48 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived by-products, as last amended by Council Regulation (EU) No 1385/2013 ”;M49

(9)

In regulation 28, for the words from “in a free zone” to the end, substitute—

“in contravention of the following provisions of Regulation (EU) No 952/2013 M50 of the European Parliament and of the Council laying down the Union Customs Code—
(a)
[Title 5, Chapter 3, in section 2,] regarding free zones, and
(b)
Title 7, Chapter 3, in section 2, regarding warehouses”.

(10)

In regulation 32(4) for the words “Articles 37” to the end substitute “ Articles 135 to 137 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code ”.

(11)

In regulation 35(2), in the words before paragraph “(a)”, after “Council Directive 90/425/EEC M51” insert “ , as last amended by Regulation (EU) 2016/1012 M52 ”.

(12)

In Schedule 2—

(a)

in Part 1, after paragraph 7 insert —

“Interpretation8.
In this part—
“Council Directive 64/432/EEC M53” (“Cyfarwyddeb y Cyngor 64/432/EEC”) means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine, as last amended by Commission Implementing Decision (EU) 2015/819 M54;
“Council Directive 91/68/EEC” (“Cyfarwyddeb y Cyngor 91/68/EEC”) means Council Directive 91/68/EEC M55 on animal health conditions governing intra-community trade in ovine and caprine animals, as last amended by Commission Implementing Decision (EU) 2016/2002 M56.”;

(b)

in Part 2, for paragraph 10, substitute “ When a horse is imported temporarily from a third country, the provisions of Section 7 of Commission Implementing Regulation (EU) 2018/659 apply. ”.

The African Horse Sickness (Wales) Regulations 2013F113.

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

The Animal By-Products (Enforcement) (Wales) Regulations 201414.

In Schedule 1 of the Animal By-Products (Enforcement) (Wales) Regulations 2014 M57, in entry 17 of the table, in the third column, omit “and 36(1)”.

PART 4Amendments to legislation concerning education

The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 201315.

(1)

The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 M58 are amended as follows.

(2)

In regulation 2(1) in the definition of “relevant European Union Regulations” (“Rheoliadau Undeb Ewropeaidd perthnasol”)—

(a)

after the definition of “Regulation (EC) No 1333/2008” insert “ as amended from time to time ”;

(b)

after the definition of “Regulation (EC) No 1334/2008” insert “ as amended from time to time ”.

PART 5Amendments to legislation concerning environmental protection

The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 199616.

(1)

The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996 M59 are amended as follows.

(2)

In regulation 1(3)—

(a)

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

(b)

in the definition of “the Contained Use Regulations”, for “the Genetically Modified Organisms (Contained Use) Regulations 2000 M60” substitute “ the Genetically Modified Organisms (Contained Use) Regulations 2014 M61 ”.

(3)

In regulation 3(2)—

(a)

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

(b)

in sub-paragraph (d) for “the Genetically Modified Organisms (Deliberate Release) Regulations 1992 M62” substitute “ the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M63 ”.

The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002F217.

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

The Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 200518.

In regulation 2(1) of the Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005 M64, in the definition of “the Council Regulation” (“Rheoliad y Cyngor”) at the end insert “ , as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny M65 ”.

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 200919.

In paragraph 7 of Schedule 2 to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 M66, after sub-paragraph (b) insert—

“(ba)
hazardous substances as defined in Article 3 of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures M67;”.

The Air Quality Standards (Wales) Regulations 201020.

In regulation 14 of the Air Quality Standards (Wales) Regulations 2010 M68—

(a)

in sub-paragraph (5)(b) for “Directive 2008/1/EC” substitute “ Directive 2010/75/EU ”;

(b)

in sub-paragraph (7) for the definition of “Directive 2008/1/EC” (“Cyfarwyddeb 2001/81/EC”) substitute “Directive 2010/75/EU (“Cyfarwyddeb 2010/75/EU”) means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions in so far as it has been transposed into the law that applies in Wales”.

PART 6Amendments to legislation concerning food

The Fishery Products (Official Controls Charges) (Wales) Regulations 200721.

In regulation 2(1) of the Fishery Products (Official Controls Charges) (Wales) Regulations 2007 M69, in the definition of “third country import” (“mewnforyn trydedd wlad”), for the words from “Part” to “applies” substitute “ a charge is payable under Regulation 882/2004 ”.

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 200822.

In regulation 2(1) of the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008 M70, in the definition of “Regulation (EU) 2013” (“Rheoliad (EU) 2013”), for the words from “the Regulation” to “1234/2007” substitute “ Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products M71 ”.

The Drinking Milk (Wales) Regulations 201023.

In regulation 2(1) of the Drinking Milk (Wales) Regulations 2010 M72, in the definition of “Part IV” (“Rhan IV”) for the words from “Part IV of” to “1234/2007” substitute “ Part 4 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ”.

The Eggs and Chicks (Wales) Regulations 201024.

(1)

The Eggs and Chicks (Wales) Regulations 2010 M73 are amended as follows.

(2)

In regulation 3(1)—

(a)

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

(b)

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

(c)

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

(3)

In Schedule 2—

(a)

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

(b)

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

The Poultrymeat (Wales) Regulations 201125.

In regulation 2(1) of the Poultrymeat (Wales) Regulations 2011 M74, in the definition of “Regulation (EU) 2013” (“Rheoliad (EU) 2013”) for the words from “the Regulation (EU) 2013” to “1234/2007” substitute “ Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ”.

PART 7Amendments to legislation concerning plant health

The Marketing of Ornamental Plant Propagating Material Regulations 199926.

(1)

The Marketing of Ornamental Plant Propagating Material Regulations 1999 M75 are amended as follows.

(2)

In regulation 7(4) for “regulation 15 of the Plant Health (Great Britain) Order 1993” substitute “ article 25 of the Plant Health (Wales) Order 2018 M76 ”.

(3)

In regulation 8(3)—

(a)

for the words from “plant pest” to “1993” substitute “ notifiable plant pest as defined in article 42(3) of the Plant Health (Wales) Order 2018 ”;

(b)

for “article 20” substitute “ article 42 ”.

(4)

In regulation 12(3) for the words from “article 12(5)” to the end substitute “ article 9(1) of the Plant Health (Wales) Order 2018 ”.

The Plant Health (Wales) Order 201827.

In Part A of Schedule 9 to the Plant Health (Wales) Order 2018 M77, in paragraph 8 for sub-paragraph (b) substitute—

“(b)
Article 5(2) of Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit propagating material and fruit plants intended for fruit production falling within the scope of Council Directive 2008/90/EC M78;”.

PART 8Amendments to legislation concerning sea fisheries

The Prohibition of Fishing with Multiple Trawls (Wales) Order 200328.

In Article 2(1) of the Prohibition of Fishing with Multiple Trawls (Wales) Order 2003, in the definition of “the Council Regulation” (“Rheoliad y Cyngor”) substitute “as corrected by Corrigendum to Annex XII of the Council Regulation and amended by Council Regulation (EC) No. 308/1999, Council Regulation (EC) No. 1459/1999, Council Regulation (EC) No. 2723/1999, Council Regulation (EC) No. 812/200 and Council Regulation (EC) No. 1298/2000;” with “as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council M79;”

PART 9Amendments to legislation concerning water

The Private Water Supplies (Wales) Regulations 201729.

(1)

The Private Water Supplies (Wales) Regulations 2017 M80 are amended as follows.

(2)

In regulation 6(4)(c), after “Article 7(1)” insert “ and Article 8 ”.

(3)

In Schedule 4, in Part 3, for paragraph 13(a) substitute—

“(a)
the measured radionuclide concentrations and the dose coefficients referred to as “standard values and relationships” in Article 13, and recommended for the estimation of doses from internal exposure in the definition of “standard values and relationships” in Article 4(96), of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M81; or”.

The Water Supply (Water Quality) Regulations 201830.

(1)

The Water Supply (Water Quality) Regulations 2018 M82 are amended as follows.

(2)

In regulation 8(1), for “items 1 to 11” substitute “ items 1 to 12 ”.

(3)

In Table 3 in Part 1 of Schedule 3—

(a)

in the table heading, for “supply points” substitute “ in water supply zones (or supply points) ”;

(b)

for item 5, for the entry in column 2 substitute—

“Colstridium perfringens (including spores)^(1)”;

(c)

for item 11, for the entry in column 2 substitute—

“Indicative dose^(1)”;

(d)

for item 17, for the entry in column 2 substitute—

“Tetrachloroethene/Trichloroethene^{(1)”^;}

(e)

omit the row that relates to item 20.

PART 10Miscellaneous revocations

Miscellaneous revocations31.

The following are revoked—

(a)

the Fish Producers' Organisations (Formation Grants) Regulations 1999 M83;

(b)

the Agricultural Subsidies (Appeals) (Wales) Regulations 2001 M84;

(c)

the Fisheries and Aquaculture Structures (Grants) (Wales) Regulations 2002 M85;

(d)

the Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014 M86.

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

(This note is not part of the Regulations)

These Regulations make amendments in relation to Wales to a number of pieces of secondary legislation.

The amendments update references to various pieces of UK and European legislation within domestic legislation relating to agriculture, animal health, animal welfare, education, environmental protection, food, plant health, sea fisheries and water.

Regulation 31 revokes four instruments in relation to agriculture and sea fisheries.

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.