The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

Made: 8th May 2018

Laid before Parliament: 10th May 2018

Coming into force

There has been consultation, 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[^f00012], during the preparation and evaluation of these Regulations so far as they relate to food.

PART 1 — Introduction

Citation, commencement, extent and application

1

• (1) These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018.

• (2) They come into force on 1st June 2018, except for the following provisions which come into force on 5th July 2018—

• (a) regulation 4(2);

• (b) regulations 6 and 7;

• (c) regulation 11(3);

• (d) regulation 12(2);

• (e) regulation 13.

• (3) They extend to England and Wales.

• (4) The following regulations apply in relation to England only—

• (a) regulation 2;

• (b) regulations 6 and 7;

• (c) regulation 9;

• (d) regulations 14 and 15;

• (e) regulations 25 and 26;

• (f) regulations 30 and 31.

• (5) Regulation 12 applies to England and the sea adjacent to England out as far as the seaward boundary of the territorial sea.

• (6) In paragraph (5), the sea adjacent to England has the same meaning as in regulation 1(4) and (5) of the Environmental Permitting (England and Wales) Regulations 2016[^f00013].

PART 2 — Amendments to legislation concerning the environment

The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996

2

• (1) The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996[^f00014] 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[^f00015]” substitute “the Genetically Modified Organisms (Contained Use) Regulations 2014[^f00016]”.

• (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[^f00017]” substitute “the Genetically Modified Organisms (Deliberate Release) Regulations 2002[^f00018]”.

The Genetically Modified Organisms (Deliberate Release) Regulations 2002

3

• (1) The Genetically Modified Organisms (Deliberate Release) Regulations 2002 are amended as follows.

• (2) In regulation 2, in the definition of “the Contained Use Directive”, for the words from “Council Directive” to the end substitute “Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms[^f00019]”.

• (3) For regulation 12(4)(c) substitute—

(c) any person, or member of a genetic modification safety committee, from whom advice must be obtained under regulation 8 of the Genetically Modified Organisms (Contained Use) Regulations 2014,

The Hazardous Waste (England and Wales) Regulations 2005

4

• (1) The Hazardous Waste (England and Wales) Regulations 2005[^f00020] are amended as follows.

• (2) In regulation 2(1)(a), at the end insert “, as last amended by Council Regulation (EU) 2017/997[^f00021]”.

• (3) In regulation 12(3), for “Council Regulation 259/93/EEC[^f00022]” substitute “Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste[^f00023]”.

• (4) In Schedule 7, in paragraph 1(b), for the words from “the Annex” to “1994” substitute “Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste”.

The Contaminated Land (England) Regulations 2006

5

In regulation 3(b)(ii) of the Contaminated Land (England) Regulations 2006[^f00024], after “water policy” insert “, as last amended by Commission Directive 2014/101/EU[^f00025]”.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

6

In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007[^f00026], in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

The Waste (England and Wales) Regulations 2011

7

In regulation 3(1) of the Waste (England and Wales) Regulations 2011[^f00027], in the definition of “the Waste Framework Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

The Incidental Flooding and Coastal Erosion (England) Order 2011

8

In article 3(4) of the Incidental Flooding and Coastal Erosion (England) Order 2011[^f00028]—

• (a) in sub-paragraph (b), at the end insert “, as last amended by Council Directive 2013/17/EU[^f00029]”;

• (b) in sub-paragraph (c), after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”;

• (c) after sub-paragraph (c) omit “and”;

• (d) in sub-paragraph (d), at the end insert “, as amended by Council Directive 2013/17/EU”.

The Bathing Water Regulations 2013

9

In regulation 2(2) of the Bathing Water Regulations 2013[^f00030], after “water policy” insert “, as last amended by Commission Directive 2014/101/EU”.

The Nitrate Pollution Prevention Regulations 2015

10

• (1) The Nitrate Pollution Prevention Regulations 2015[^f00031] are amended as follows.

• (2) In regulation 2(3), in the definition of “Council Directive 98/83/EC[^f00032]”, at the end insert “, as last amended by Commission Directive (EU) 2015/1787[^f00033]”.

• (3) In regulation 4(4), for the words from “in accordance with” to the end substitute “by subtracting the amount of nitrite from the amount of total oxidised nitrogen (“TON”), where both nitrite and TON are calculated using the method known as molecular absorption spectrophotometry”.

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

11

• (1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015[^f00034] are amended as follows.

• (2) In Schedule 1, in paragraph 5(3), for “the Conservation of Habitats and Species Regulations 2010[^f00035]” substitute “the Conservation of Habitats and Species Regulations 2017[^f00036]”.

• (3) In Schedule 2, in paragraph 3(1)(e), at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

The Environmental Permitting (England and Wales) Regulations 2016

12

• (1) The Environmental Permitting (England and Wales) Regulations 2016 are amended as follows.

• (2) In regulation 3, in the definition of “the Waste Framework Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

• (3) In Schedule 10, in paragraph 5—

• (a) in sub-paragraph (4), for the words from “Regulation” to the end substitute “Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury[^f00037]”;

• (b) omit sub-paragraph (5).

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

13

In Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017[^f00038], in paragraph 9, for “of 19 November 2008 on waste” substitute “on waste, as last amended by Council Regulation (EU) 2017/997,”.

The Water Abstraction (Transitional Provisions) Regulations 2017

14

In regulation 9 of the Water Abstraction (Transitional Provisions) Regulations 2017[^f00039], for paragraph (3) substitute–—

(3) In paragraph (1), an abstraction of more limited extent does not include— (a) a Qn95 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply does not support good ecological potential, good ecological status or good quantitative status, or (b) 75% of Qn99 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply supports good ecological potential, good ecological status or good quantitative status.

PART 3 — Amendments to legislation concerning food

The Bread and Flour Regulations 1998

15

In regulation 2(1) of the Bread and Flour Regulations 1998[^f00040], in the definition of “food additive”, for “the Miscellaneous Food Additives Regulations 1995[^f00041]” substitute “Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives[^f00042]”.

The Coffee Extracts and Chicory Extracts (England) Regulations 2000

16

In regulation 7(3) of the Coffee Extracts and Chicory Extracts (England) Regulations 2000[^f00043], for the words from “paragraphs 1 and 2” to “human consumption” substitute “Annex 3 to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules[^f00044]”.

The Specified Sugar Products (England) Regulations 2003

17

• (1) The Specified Sugar Products (England) Regulations 2003[^f00045] are amended as follows.

• (2) In regulation 2, omit the definitions of “EEA Agreement” and “EEA State”.

• (3) In Schedule 1, in the table—

• (a) in entry 5, in column 2, in sub-paragraph (c), for “paragraph 4” substitute “paragraph 3”;

• (b) in entry 11, in column 2, for “paragraph (2)” substitute “paragraph 3”.

The Cocoa and Chocolate Products (England) Regulations 2003

18

In regulation 2(1) of the Cocoa and Chocolate Products (England) Regulations 2003[^f00046] omit the definitions of “EEA Agreement” and “EEA State”.

The Jam and Similar Products (England) Regulations 2003

19

• (1) The Jam and Similar Products (England) Regulations 2003[^f00047] are amended as follows.

• (2) In regulation 2(1)—

• (a) omit the definition of “the 1996 Regulations”;

• (b) in the definition of “ingredient”, for “the 1996 Regulations” substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;

• (c) in the definition of “labelling”, for “the 1996 Regulations” substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;

• (d) in the definition of “permitted sweetener”, for “the Food Additives (England) Regulations 2009[^f00048]” substitute “Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives”;

• (e) after the definition of “preparation” insert—

• “Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers[^f00049];

• (3) In regulation 5—

• (a) in paragraph (1)—

• (i) in the words before sub-paragraph (a), omit the words from the beginning to “Regulations,”;

• (ii) in sub-paragraph (b), for “the 1996 Regulations” substitute “Regulation (EU) No 1169/2011”;

• (b) in paragraph (2)—

• (i) in the words before sub-paragraph (a), omit the words from the beginning to “Regulations,”;

• (ii) in sub-paragraph (c), for “Schedule 7 to the 1996 Regulations” substitute “Articles 30 to 35 of Regulation (EU) No 1169/2011”.

• (4) Omit regulation 6.

• (5) In Schedule 2, in paragraph 2(d), for “Directive 95/2/EC[^f00050]” substitute “Regulation (EU) No 1333/2008 of the European Parliament and of the Council on food additives”.

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008

20

In regulation 2(1) of the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008[^f00051], in the definition of “Regulation (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[^f00052]”.

The Drinking Milk (England) Regulations 2008

21

In regulation 2(1) of the Drinking Milk (England) Regulations 2008[^f00053]—

• (a) in the definition of “Part 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”;

• (b) after the definition of “Part IV” omit “and”.

The Eggs and Chicks (England) Regulations 2009

22

• (1) The Eggs and Chicks (England) Regulations 2009[^f00054] are amended as follows.

• (2) In regulation 3—

• (a) in paragraph (1)—

• (i) in the definition of “Regulation (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”;

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

• (b) 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[^f00055]”.

The Poultrymeat (England) Regulations 2011

23

In regulation 2(1) of the Poultrymeat (England) Regulations 2011[^f00056]—

• (a) in the definition of “Regulation (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”;

• (b) after the definition of “Regulation (EU) 2013” omit “and”.

The Fruit Juices and Fruit Nectars (England) Regulations 2013

24

• (1) The Fruit Juices and Fruit Nectars (England) Regulations 2013[^f00057] are amended as follows.

• (2) Omit regulation 22.

• (3) In Schedule 7, in Part 1—

• (a) in paragraph 1, for “juice” substitute “product”;

• (b) in paragraph 2, in the words before sub-paragraph (a), for “juices” substitute “products”.

• (4) In Schedule 9, after paragraph 9 insert—

(10) Plant proteins for clarification from— (a) wheat, (b) peas, (c) potatoes, or (d) any combination of them.

PART 4 — Amendments to legislation concerning agriculture

The Marketing of Vegetable Plant Material Regulations 1995

25