2020 No. 1487 (W. 317)

Agriculture, Wales
Food, Wales

The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020

Made

Laid before Senedd Cymru

Coming into force

The Welsh Ministers, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721, make the following Regulations.

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to 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 animals2, measures in the veterinary and phytosanitary fields for the protection of public health3, and measures in relation to the common agricultural policy of the European Union4.

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

There has been open and transparent public consultation during the preparation of these Regulations in accordance with 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 safety5.

Title and commencement1

1

The title of these Regulations is The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020.

2

These Regulations come into force on 31 December 2020.

The Food Hygiene (Wales) Regulations 20062

1

The Food Hygiene (Wales) Regulations 20066 are amended as follows.

2

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

in the definition of “the Community Regulations” (“Rheoliadau’r Gymuned”), for “, Regulation 2017/625 and the Regulation 2017/625 package” substitute “and the Regulation 2017/625 package”;

ii

omit the definition that begins “Directive 2004/41”;

iii

for the definition of “the Regulation 2017/625 package” substitute—

  • “the Regulation 2017/625 package” (“pecyn Rheoliad 2017/625”) means Regulation 2017/625 and the other Regulations listed in Schedule 1 below the heading “The Regulation 2017/625 package”;

b

after paragraph (1) insert—

1A

Any reference in these Regulations to Regulation 2017/625 or any other Directive or Regulation referred to in Schedule 1 have the meanings respectively given to them in that Schedule.

3

For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule 1 to these Regulations.

The Official Feed and Food Controls (Wales) Regulations 20093

1

The Official Feed and Food Controls (Wales) Regulations 20097 are amended as follows.

2

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

omit the definition that begins “Decision 2007/275”;

ii

in the definition of “the Official Control Regulations”, for “Regulation 2017/625 or the Regulation 2017/625 package” substitute “the Regulation 2017/625 package”;

iii

for the definition of “the Regulation 2017/625 package” substitute—

  • “the Regulation 2017/625 package” (“pecyn Rheoliad 2017/625”) means Regulation 2017/625 and the other Regulations listed in Schedule 1 below the heading “The Regulation 2017/265 package”;

b

after paragraph (1), insert—

1A

Any reference in these Regulations to Regulation 2017/625 or any other Directive or Regulation referred to in Schedule 1 have the meanings respectively given to them in that Schedule.

c

for paragraph (3) substitute—

3

Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or in the Regulation 2017/625 package has the meaning it bears in Regulation 178/2002 or in the Regulation 2017/625 package as the case may be.

3

In regulation 22 (interpretation of Part 3)—

a

for the definition of “product” substitute—

  • “product” (“cynnyrch”) means feed and food of non-animal origin whose import is regulated by Article 44 or Article 47(1)(d), (e) or (f) of Regulation 2017/625 and includes composite products and foodstuffs which are not listed in Commission Decision 2007/275/EC concerning lists of composite products to be subject to controls at border control posts8;

b

in the definition of “specified import provision”, for “Regulation 2017/625 or the Regulation 2017/625 package” substitute “the Regulation 2017/625 package”.

4

In regulation 29 (checks on products), for “and 45(1), (2) and (4)”, in each place it occurs, substitute “, 45(1), (2) and (4), and 49(1)”.

5

In regulation 36(2) (costs and fees) after “as referred to in”, insert “Article 79(2)(a) and”.

6

In regulation 41(1A) (offences and penalties), for the words from “Article 3” to “production of sprouts”, substitute “Article 13 of Regulation 2019/625, in so far as it applies to sprouts and seeds intended for the production of sprouts, as read with Article 27 of Regulation 2019/628”.

7

In Part 4 (recovery of expenses), at the appropriate place insert—

Fees or charges arising from unplanned official controls42A

Fees or charges imposed by a competent authority on an operator pursuant to article 79(2)(c) of Regulation 2017/625 must be paid by the operator on the written demand of the competent authority.

8

For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule 2 to these Regulations.

9

For Schedule 4 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to relevant feed law) substitute the Schedule set out in Schedule 3 to these Regulations.

10

For Schedule 5 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to relevant food law) substitute the Schedule set out in Schedule 4 to these Regulations.

11

For Schedule 6 (specified import provisions) substitute the Schedule set out in Schedule 5 to these Regulations.

The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 20164

1

The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 20169 are amended as follows.

2

In regulation 2 (interpretation and scope)—

a

in paragraph (1)

i

omit the definition of “Regulation 882/2004”;

ii

at the appropriate places, insert the following definitions—

  • “Regulation 2017/625” (“Rheoliad 2017/625”) means Regulation (EU) 2017/625 of the European Parliament and of the Council 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 10;

  • “Regulation 2019/1793” (“Rheoliad 2019/1793”) means Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries 11;

b

in paragraph (2), for “Regulation 882/2004, Regulation 183/2005 or Regulation 152/2009”, substitute “Regulation 183/2005, Regulation 152/2009 and Regulation 2017/625”.

3

In regulation 19 (analysis other than in the course of official controls), for paragraph (2) substitute—

2

In cases where there is no appropriate method of analysis in Regulation 152/2009, the analysis must be carried out in the manner referred to in Article 34(1) and (2) of Regulation 2017/625 as read with Regulation 2019/1793.

4

In Schedule 1 (specified feed law), in the table—

a

omit the entries for Regulation 882/2004 and for Commission Regulation (EC) No 669/2009;

b

at the appropriate place, insert the following entries—

  • Regulation 2017/625 in so far as it relates to feed

  • Regulation 2019/1793 in so far as it relates to feed

Eluned MorganMinister for Mental Health, Wellbeing and Welsh Language, one of the Welsh Ministers

SCHEDULE 1Schedule to be substituted for Schedule 1 to the Food Hygiene (Wales) Regulations 2006

Regulation 2(3)

SCHEDULE 1DEFINITIONS OF LEGISLATION

Regulation 2(1A)

The Regulation 2017/625 package

SCHEDULE 2Schedule to be substituted for Schedule 1 to the Official Feed and Food Controls (Wales) Regulations 2009

Regulation 3(8)

SCHEDULE 1DEFINITIONS OF LEGISLATION

Regulation 2(1A)

  • “Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC52;

  • “Regulation 999/2001” means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies53;

  • “Regulation 178/2002” means 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 safety54;

  • “Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs55 as read with Regulation 2073/2005;

  • “Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin56 as read with Directive 2004/41, Regulation 1688/2005 and Regulation 2074/2005 and Regulation 2017/185;

  • “Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs57;

  • “Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs58;

  • “Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/200459;

  • “Regulation 2017/185” means Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council60;

The Regulation 2017/625 package

SCHEDULE 3Schedule to be substituted for Schedule 4 to the Official Feed and Food Controls (Wales) Regulations 2009

Regulation 3(9)

SCHEDULE 4COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 2017/625 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Regulation 3(1)

Column 1

Column 2

Competent Authority

Provisions of Regulation 2017/625

The Agency

Articles 4, 5(1), (4) and (5), 6, 7, 8, 11, 12, 15, 28, 29, 30, 31, 32, 33, 35, 37, 38, 39, 40, 42, 63(4)(a), 65(5), 66(6), 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 87, 88, 89, 91, 93, 96, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 124, 130, 135, 137, 138, 140.

The feed authority

Articles 4, 5(1), (4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 26, 28, 29, 30, 31, 32, 33, 35, 36, 38, 44, 45, 46, 47, 49, 50, 55, 56, 57, 63, 65(1), (2), (3), (4) and (5), 66, 67, 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 96, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 130, 135, 137, 138, 140.

SCHEDULE 4Schedule to be substituted for Schedule 5 to the Official Feed and Food Controls (Wales) Regulations 2009

Regulation 3(10)

SCHEDULE 5COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 2017/625 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Regulation 3(3)

Column 1

Column 2

Competent Authority

Provisions of Regulation 2017/625

The Agency

Articles 4, 5(1), (4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 21, 26, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 42, 44, 45, 46, 47, 49, 50, 55, 56, 57(3), 63(4)(a), 65(5), 66(6), 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 93, 96, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 124, 130, 132, 133, 135, 137, 138, 140, 148, 150.

The food authority

Articles 4(2), 5(1), (4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 21, 26, 28, 29, 30, 31, 32, 33, 35, 36, 38, 44, 45, 46, 47, 49, 50, 55, 56, 57, 63, 65(1), (2), (3), (4) and (5), 66, 67, 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 96, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 130, 132, 133, 135, 137, 138, 140, 148, 150.

SCHEDULE 5Schedule to be substituted for Schedule 6 to the Official Feed and Food Controls (Wales) Regulations 2009

Regulation 3(11)

SCHEDULE 6SPECIFIED IMPORT PROVISIONS

Regulations 22 and 41(1)(a)

Column 1

Column 2

Provision of EU legislation

Subject matter

Article 69(1) of Regulation 2017/625

Requirement that the operator responsible for the consignment is to carry out all the measures ordered by the competent authorities.

Article 1 of Regulation 2019/1013

Requirement that the operator responsible for a consignment give prior notification to the competent authority of the border control post, at least one working day before the expected arrival of the consignment.

Article 3 of Regulation 2019/1602

Requirement that a Common Health Entry Document (CHED) is to accompany each consignment irrespective of whether or not it is split at the border control post or subsequent to leaving the border control post.

Article 4(a) of Regulation 2019/1602

Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies the consignment to the place of destination and until it is released into free circulation.

Article 4(b) of Regulation 2019/1602

Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED in the customs declaration lodged with the customs authorities and is to keep a copy of the CHED at the disposal of the customs authorities.

Article 5(1)(a) of Regulation 2019/1602

Requirement that where a consignment is to be split at the border control post, when giving prior notification, the operator responsible for the consignment is to declare the border control post as the place of destination in the CHED for the entire consignment.

Article 5(1)(b) of Regulation 2019/1602

Requirement that where a consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to request that the consignment be split and is to submit, through the IMSOC, a CHED for each part of the split consignment and make a declaration.

Article 5(1)(d) of Regulation 2019/1602

Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to ensure that a copy of the CHED for each part of the split consignment accompanies the relevant part to the place of destination and until it is released into free circulation.

Article 5(1)(e) of Regulation 2019/1602

Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.

Article 5(2)(a) of Regulation 2019/1602

Requirement that where a non-compliant consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to submit a CHED for each part of the split consignment and make a declaration.

Article 6(a) of Regulation 2019/1602

Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies each part of the split consignment until it is released for free circulation.

Article 6(b) of Regulation 2019/1602

Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.

Article 3(1) of Regulation 2019/1666

Requirement that the operator responsible for the consignment is to, within one day upon arrival of the consignment, inform the competent authority responsible for performing the official controls at the establishment at the place of destination of the arrival of the consignment.

Article 6(1) of Regulation 2019/2123

Requirement that after the competent authorities of the border control post have authorised or decided on the transfer of the consignment to the control point indicated in the CHED, the operator responsible for the consignment shall not present the consignment for identity and physical checks to a control point different from the one indicated in the CHED, unless the competent authorities of the border control post authorise the transfer of the consignment to another control point in accordance with point (a) of Article 3(1) and point (a) of Article 4(2).

Article 6(4) of Regulation 2019/2123

Requirement that the operator shall provide the reference number of the finalised CHED referred to in Article 6(3) in the customs declaration which is lodged for the consignment with the customs authorities and shall keep a copy of that CHED at the disposal of the customs authorities.

Article 6(1) of Regulation 2019/2124

Requirement that the operator responsible for the consignments authorised for onward transportation in accordance with Article 4 ensures that: (a) during transport to, and storage at, the onward transportation facility, the consignment is not tampered with in any manner; (b) the consignment is not subject to any alteration, processing, substitution or change of packaging; (c) the consignment does not leave the onward transportation facility pending the decision on the consignment being taken by the competent authorities of the border control post in accordance with Article 55 of Regulation 2017/625.

Article 6(2) of Regulation 2019/2124

Requirement that the operator responsible for the consignment shall transport the consignment under customs supervision directly from the border control post to the onward transportation facility, without the goods being unloaded during transport, and shall store it in the onward transportation facility.

Article 6(4) of Regulation 2019/2124

Requirement that the operator responsible for the consignment shall ensure that a copy, on paper or in electronic form, of the CHED referred to in Article 3 accompanies the consignment from the border control post to the onward transportation facility.

Article 6(5) of Regulation 2019/2124

Requirement that the operator responsible for the consignment notifies the competent authorities at the place of final destination of the arrival of consignment at the onward transportation facility.

Article 6(6) of Regulation 2019/2124

Requirement that after the competent authorities of the border control post have authorised the onward transportation of the consignment to the onward transportation facility, the operator responsible for the consignment shall not transport the consignment to a onward transportation facility that is different from the one indicated in the CHED, unless the competent authorities of the border control post authorise the change in accordance with Article 4 and provided that the conditions laid down in paragraphs 1 to 5 of Article 6 are complied with.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to legislation in the field of feed and food safety and hygiene to provide for the implementation and enforcement of Regulation (EU) 2017/625 of the European Parliament and of the Council 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.

Regulation 2 replaces and updates the list of EU Regulations set out in Schedule 1 to the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/31 (W. 5)), and makes consequential amendments as a result of the updated list.

Regulation 3 amends the Official Feed and Food Controls (Wales) Regulations 2009 (S.I. 2009/3376 (W. 298)).

  • Paragraphs (2) and (8) replace and update the list of EU regulations set out in Schedule 1 to those Regulations, and make incidental and consequential amendments as a result of the updated list.

  • Paragraph (3) substitutes a revised definition of “product” in regulation 22. Paragraph (4), makes a consequential amendment as a result of the revised definition.

  • Paragraph (5) amends regulation 36 to make provision for the payment of costs of official controls under Article 79(2)(a) of Regulation 2017/625 in respect of Part 3. Paragraph (7) inserts a new regulation 42A into Part 4 that makes provision for the payment of costs of official controls under Article 79(2)(c) of Regulation 2017/625.

  • Paragraph (6) amends regulation 41(1A) to replace the reference to Article 3 of Regulation (EU) No. 211/2013, which has been repealed and replaced by Regulations (EU) 2019/625 and 2019/628 (part of the package of Regulations made under Regulation (EU) 2017/625).

  • Paragraphs (9) and (10) substitute new Schedules 4 and 5 respectively to correct errors in the existing Schedules.

  • Paragraph (11) substitutes a new Schedule 6 to update the list of ‘specified import provisions’.

Regulation 4 updates references to EU instruments in the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387 (W. 121)). In particular, it replaces references to Regulation (EC) No. 882/2004 and Regulation (EC) No. 669/2009, which have respectively been repealed and replaced by Regulation (EU) 2017/625 and Regulation (EU) 2019/1793.

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.