The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

(27) For Article 18 substitute— (18) The appropriate authority may, following a request to the Authority for scientific and/or technical assistance, prescribe amendments to— (a) the Annexes; and (b) the list referred to in Article 6(1).

• (8) For regulation 28 substitute—

(28) Omit Articles 18a and 19.

• (9) In regulation 29, in the Article to be inserted—

• (a) omit paragraph 1(c);

• (b) in paragraph 3—

• (i) for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “Any statutory instrument or Scottish statutory instrument”;

• (ii) in subparagraph (b), for “the National Assembly for Wales” substitute “Senedd Cymru”;

• (iii) omit subparagraph (d);

• (c) omit paragraph 4(d).

• (10) In regulation 39(c), in the definitions to be inserted—

• (a) in the definition of “Authority”, for “England, Wales and Northern Ireland” substitute “England and Wales”;

• (b) in the definition of “appropriate authority”, omit point (d);

• (c) omit paragraph 7.

• (11) In regulation 52, in the Article to be inserted—

• (a) omit paragraph 1(c);

• (b) in paragraph 3—

• (i) for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “Any statutory instrument or Scottish statutory instrument”;

• (ii) in subparagraph (b), for “the National Assembly for Wales” substitute “Senedd Cymru”;

• (iii) omit subparagraph (d);

• (c) omit paragraph 4(d).

• (12) In regulation 58, in the definition of “Authority” to be inserted, for “England, Wales and Northern Ireland” substitute “England and Wales”.

• (13) In regulation 72, in the Article to be inserted—

• (a) omit paragraph 1(c);

• (b) in paragraph 3—

• (i) for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “Any statutory instrument or Scottish statutory instrument”;

• (ii) in subparagraph (b), for “the National Assembly for Wales” substitute “Senedd Cymru”;

• (iii) omit subparagraph (d);

• (c) omit paragraph 4(d).

• (14) In regulation 82, in the definition of “Authority” to be inserted, for “England, Wales and Northern Ireland” substitute “England and Wales”.

• (15) In regulation 105, in the Article to be inserted—

• (a) omit paragraph 1(c);

• (b) in paragraph 3—

• (i) for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “Any statutory instrument or Scottish statutory instrument”;

• (ii) in subparagraph (b), for “the National Assembly for Wales” substitute “Senedd Cymru”;

• (iii) omit subparagraph (d);

• (c) omit paragraph 4(d).

• (16) In regulation 118, in the definition of “Authority” to be inserted, for “England, Wales and Northern Ireland” substitute “England and Wales”.

• (17) In regulation 132, in the Article to be inserted—

• (a) omit paragraph 1(c);

• (b) in paragraph 3—

• (i) for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “Any statutory instrument or Scottish statutory instrument”;

• (ii) in subparagraph (b), for “the National Assembly for Wales” substitute “Senedd Cymru”;

• (iii) omit subparagraph (d);

• (c) omit paragraph 4(d).

PART 4 — Amendment of retained direct EU legislation

Amendment of Commission Implementing Regulation (EU) 2016/6

19

• (1) Commission 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 and repealing Implementing Regulation (EU) No. 322/2014 is amended as follows.

• (2) In Article 2, at the end, insert—

For the purposes of this Regulation, “Food Safety Authority” means— (a) as regards England and Wales, the Food Standards Agency; (b) as regards Scotland, Food Standards Scotland.

• (3) In Article 3, in both places it occurs (including the heading), for “the Union” substitute “Great Britain”.

• (4) In Article 8, in both places it occurs, for “the Union” substitute “Great Britain”.

• (5) For Article 14, substitute—

This Regulation must be reviewed by the appropriate authority before 30 June 2021.

• (6) After Article 17, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

• (7) In the heading of Annex 2, for “the Union” substitute “Great Britain”.

• (8) In the heading of Annex 3, for “the Union” substitute “Great Britain”.

Amendments of Commission Implementing Regulation (EU) 2020/1158

20

• (1) Commission Implementing Regulation (EU) 2020/1158 on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station is amended as follows.

• (2) In Article 1, for “the Union market” substitute “the market in Great Britain”.

• (3) In Article 2, after paragraph 2 insert—

(3) “appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.

• (4) In Article 3, in both places it occurs (including the heading), for “the Union” substitute “Great Britain”.

• (5) In Article 4(3)—

• (a) for “Information Management System for Official Controls (IMSOC)” substitute “appropriate computerised management information system”;

• (b) for “IMSOC” substitute “the appropriate computerised management information system”.

• (6) In Article 5, in both places it occurs (including the heading), for “the Union” substitute “Great Britain”.

• (7) In Article 7, for “Commission” substitute “appropriate authority”.

• (8) Omit Article 9.

• (9) After Article 10, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

• (10) In Annex 1, omit “the United Kingdom of Great Britain excluding Northern Ireland”.

• (11) In Annex 2, in the heading of the first column, for “CN code” substitute “Commodity code”.

• (12) In Annex 3, in the model official certificate—

• (a) in the heading in Column 2 of Part 1, for “the EU” substitute “Great Britain”;

• (b) in box 1.2.a, for “IMSOC” substitute “the appropriate computerised management information system”;

• (c) in the heading of Part 2, for “the Union” substitute “Great Britain”;

• (d) in box 2.b, for “IMSOC” substitute “the appropriate computerised management information system”.

• (13) In Annex 4—

• (a) in each place it occurs, for “IMSOC” substitute “the appropriate computerised management information system”;

• (b) in the fourth paragraph, omit “of the Member State”;

• (c) in the table in Part 1—

• (i) in the second column corresponding to box 1.5, for “the Member State” substitute “Great Britain”;

• (ii) in the second column corresponding to box 1.6, for “the European Union” substitute “Great Britain”;

• (iii) in the second column corresponding to box 1.9—

• (aa) omit “the European Union”;

• (bb) after “country of destination” insert “in Great Britain”;

• (iv) in the second column corresponding to box I.11, for “the European Union” substitute “Great Britain”;

• (v) in the second column corresponding to box 1.20, omit “European Union”;

• (vi) in the second column corresponding to box 1.22, for “the European Union” substitute “Great Britain”;

• (vii) in the second column corresponding to box 1.25, for “European Union legislation” substitute “legislation in force in the relevant constituent territory of Great Britain”;

• (d) In the table in Part 2, in the second column corresponding to box 2—

• (i) omit “European Union”;

• (ii) for “European Union legislation” substitute “legislation in force in the relevant constituent territory of Great Britain”.

PART 5 — Revocations

Revocation of secondary legislation

21

The following regulations are revoked—

• (a) the Food and Feed Hygiene and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019²²;

• (b) the Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019²³;

• (c) the Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019²⁴;

• (d) the Regulated Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019²⁵;

• (e) the Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019²⁶;

• (f) the Food and Feed Hygiene and Safety (Amendment No.2) (Northern Ireland) (EU Exit) Regulations 2019²⁷.

Revocation of retained direct EU legislation

22

Commission Regulation (EU) No. 415/2013 laying down additional responsibilities and tasks for the EU reference laboratories for rabies, bovine tuberculosis and bee health, amending Regulation (EC) No. 737/2008 and repealing Regulation (EU) No. 87/2011 is revoked.

SCHEDULE 1

SCHEDULE 2

Signed

Signed by authority of the Secretary of State for Health and Social Care

Edward Argar — Minister of State, — Department of Health and Social Care — 7th December 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by section 8(1) and 8C(1) of, and paragraph 7 of Schedule 4 and paragraph 21 of Schedule 7 to, of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of food and feed safety and hygiene. Parts 2 and 3 amend subordinate legislation in order to address failures of retained EU law to operate effectively and makes several amendments to EU Exit subordinate legislation in respect of the implementation of the Protocol on Ireland/Northern Ireland. Part 4 amends retained direct EU legislation, and Part 5 revokes various pieces of secondary legislation and retained direct EU legislation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

Footnotes

Editorial notes