The Food and Feed (Fukushima Restrictions) (Revocation) (Wales) Regulations 2022

Welsh Statutory Instruments

2022 No. 594 (W. 137)

Agriculture, Wales

Food, Wales

The Food and Feed (Fukushima Restrictions) (Revocation) (Wales) Regulations 2022

Made

27 May 2022

Laid before Senedd Cymru

30 May 2022

Coming into force

29 June 2022

The Welsh Ministers make these Regulations in exercise of the powers conferred by Articles 53(1)(b) and 57a(6) 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(1).

As required by Article 9 of Regulation (EC) No. 178/2002, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, extent, application and commencement

1.—(1) The title of these Regulations is the Food and Feed (Fukushima Restrictions) (Revocation) (Wales) Regulations 2022.

(2) These Regulations—

(a) extend to England and Wales;

(b) apply in relation to Wales;

(c) come into force on 29 June 2022.

Revocation of retained direct EU legislation

2.  The following instruments are revoked—

(a) Commission Implementing Regulation (EU) 2016/6 of 5 January 2016 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 322/2014(2);

(b) Commission Implementing Regulation (EU) 2017/2058 of 10 November 2017 amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station(3);

(c) Commission Implementing Regulation (EU) 2019/1787 of 24 October 2019 amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station(4).

Revocation of Declaration OFFC/2019/W/04

3.  Declaration OFFC/2019/W/04(5), so far as it continues to have effect by virtue of regulation 16 of the Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020(6), is revoked.

Lynne Neagle

Deputy Minister for Mental Health and Wellbeing, under the authority of the Minister for Health and Social Services, one of the Welsh Ministers

27 May 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke, in relation to Wales, retained Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station. They also revoke two further retained EU Regulations, which originally amended Regulation (EU) 2016/6 and which contain transitional provision.

These Regulations also revoke Declaration OFFC 2019/W/04, which was originally issued by the Food Standards Agency to part implement Regulation (EU) 2016/6 in relation to Wales. A copy of the Declaration can be obtained from the Food Standards Agency at the below address, or by email at [e-mail].

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Food Standards Agency at: Food Standards Agency Wales, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW or from the Agency’s website at www.food.gov.uk .

(1)

EUR 2002/178; relevant amending instruments are S.I. 2019/641 and 2020/1504. The term “appropriate authority” is defined in Article 3(19) of Regulation (EC) No. 178/2002.

(2)

EUR 2016/6, amended by S.I. 2020/1504.

(3)

EUR 2017/2058.

(4)

EUR 2019/1787.

(5)

Declaration OFFC/2019/W/04 was issued by the Food Standards Agency under regulation 35 of the Official Feed and Food Controls (Wales) Regulations 2009 (S.I. 2009/3376 (W. 298)). Regulation 35 was revoked by regulation 10(11) of the Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I 2020/1581 (W. 331)). Under regulation 16 of those Regulations, the Declaration continues to have effect as if made by the Welsh Ministers in a statutory instrument under Article 53 of Regulation (EC) No. 178/2002.

(6)

S.I. 2020/1581 (W. 331).