LegalizeThe Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023
Made: 1st September 2023
Laid before Parliament: 5th September 2023
Coming into force: 1st October 2023
In making these Regulations, the Secretary of State has had special regard to the matters listed in section 46 of the United Kingdom Internal Market Act 2020[^f00002].
PART 1 — Introductory
Citation, commencement and extent
1
- (1) These Regulations may be cited as the Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023.
- (2) These Regulations come into force on 1st October 2023.
- (3) Part 1 extends to England and Wales, Scotland and Northern Ireland.
- (4) Part 2 and Schedules 1 to 3 extend to Northern Ireland.
- (5) Part 3 extends to England and Wales and Scotland.
Interpretation
2
- (1) In these Regulations—
- “consignment” has the meaning given by Article 2(1) of the SPS Regulation;
- “retail goods” has the meaning given by Article 2(2) of the SPS Regulation;
- “the SPS Regulation” means Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland[^f00003];
- “subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978[^f00004];
- “total diet replacement for weight control” has the meaning given by Article 2(2)(h) of Regulation (EU) No609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 as it has effect in Great Britain[^f00005].
- (2) Any reference to provisions of the instruments listed in Schedules 1 to 3 of Part 2 is a reference to those provisions as amended from time to time.
PART 2 — Application of public health, marketing and organic product standards
Scope
3
- (1) This Part applies in respect of consignments of retail goods entering into Northern Ireland from other parts of the United Kingdom in accordance with the Retail Movement Scheme established under regulation 3(1) of the Windsor Framework (Retail Movement Scheme) Regulations 2023[^f00006].
- (2) This Part applies to the extent that any provision listed in Annex 1 to the SPS Regulation does not apply to that consignment of retail goods by virtue of Article 1(2) and Chapter 2 of the SPS Regulation.
Application of public health and marketing standards
4
Where this Part applies in respect of a consignment of retail goods by virtue of regulation 3(2)—
- (a) the provisions of the instruments listed in Column 2 of Schedule 1 are to be treated as applying in respect of that consignment to the extent that the corresponding EU instrument in Column 1 of Schedule 1 does not apply by virtue of Article 1(2) and Chapter 2 of the SPS Regulation, subject to the modifications specified in Column 3 of Schedule 1 and such further modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods;
- (b) the provisions of the instruments listed in Column 2 of Schedule 2 are to be treated as applying in place of the corresponding legislation applicable in Northern Ireland in respect of that consignment to the extent that the corresponding EU instrument in Column 1 of Schedule 2 does not apply by virtue of Article 1(2) and Chapter 2 of the SPS Regulation, subject to the modifications specified in Column 3 of Schedule 2 and such further modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
Application of retained delegated and implementing acts
5
- (1) Where the provisions of the instruments listed in Column 2 of Schedule 1 and Column 2 of Schedule 2 are to be treated as applying in respect of a consignment of retail goods by virtue of regulation 4, the retained direct EU legislation applicable in Great Britain which supplements or implements those instruments is to be treated as also applying in relation to that consignment with such modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
- (2) In respect of food for total diet replacement for weight control within a consignment of retail goods, paragraph (1) does not apply and the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997[^f00007] are to be treated as applying in relation to those products with such modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
Application of organic product standards
6
Where this Part applies in respect of a consignment of retail goods by virtue of regulation 3(2), the provisions of the instruments listed in Column 2 of Schedule 3 are to be treated as applying in respect of that consignment to the extent that the EU instrument listed in Column 1 of Schedule 3 does not apply by virtue of Article 1(2) and Chapter 2 of the SPS Regulation, subject to the modifications specified in Column 3 of Schedule 3 and such modifications as are necessary, including those which reflect the exceptional application of such provisions in Northern Ireland in respect of a specific category of goods.
No power to make subordinate legislation
7
Nothing in regulation 4, 5 or 6 confers power on any person to make subordinate legislation in respect of Northern Ireland.
Parallel texts
8
Where legislation which extends to Great Britain is treated as applying in Northern Ireland under this Part and there are differences between the versions of that legislation applicable in England, Scotland and Wales, the version of the legislation applicable in respect of a particular retail good within a consignment is the version applicable in the part of Great Britain which the retail good was produced in or imported into.
PART 3 — Plants
CHAPTER 1 — Amendments to retained direct EU legislation
Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants
9
- (1) Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC[^f00008] is amended as follows.
- (2) In Article 95a (introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain)—
- (a) in paragraph 1, for “A relevant” substitute “Subject to paragraph 1A, a relevant”;
- (b) after paragraph 1, insert—
(1A) Where a relevant NI trade unit referred to in paragraph 1 has previously been introduced into Northern Ireland from Great Britain on or after the date on which the SPS Regulation came into force, it must be accompanied, on its re-introduction into Great Britain, by either— (a) the plant passport referred to in paragraph 1, or (b) the plant health label which was required for its introduction into Northern Ireland in accordance with the SPS Regulation.
- (c) in paragraph 2—
- (i) after “paragraph 1”, in both places it occurs, insert “or paragraph 1A”;
- (ii) at the end, insert “or the plant health label referred to in paragraph 1A”.
- (d) after paragraph 2, insert—
(3) In paragraph 1A, ‘the SPS Regulation’ means Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland.
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
- (1) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)[^f00009] is amended as follows.
- (2) In Article 168 (derogations and modifications for transitional purposes), after “Annex 6” insert “and Annex 7”.
- (3) In Annex 6, paragraph 2 (application), in the definition of “relevant goods” after “Article 47(1)(a) to (d)” insert “, except for the goods listed in Annex 7 which come from a corresponding country of origin”.
- (4) After Annex 6, insert—
(1) The plants listed in this Annex which come from a corresponding country of origin are exempt from the application of Annex 6.
| Description of plants | Country of origin |
|---|---|
| Strawberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Avocados, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Blackberries, mulberries and loganberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Raspberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Table grapes, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Apples, fresh or chilled but excluding cider apples, in bulk from 16 September to 15 December | Third countries other than an EU Member State and Switzerland |
| Pears, fresh or chilled but excluding perry pears in bulk, from 1 August to 31 December | Third countries other than an EU Member State and Switzerland |
| Fruits of the species Vaccinium macrocarpon and Vaccinium corymbosum, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Fruits of species Vaccinium myrtillus,fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Fruits of the genus Capsicum or of the genus Pimenta (Solanaceae), fresh or chilled, but excluding fruits of the genus Capsicum for the manufacture of capsicin or capsicum oleoresin dyes, or for the industrial manufacture of essential oils or resinoids | Third countries other than an EU Member State and Switzerland |
| Sweet potatoes, fresh, whole, intended for human consumption | Third countries other than an EU Member State and Switzerland |
| Ginger, fresh or chilled, other than dried | Third countries other than an EU Member State and Switzerland |
| Tomatoes, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Asparagus, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Sweetcorn, fresh or chilled | Third countries other than an EU Member State and Switzerland |
Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants
11
- (1) Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019[^f00010] is amended as follows.
- (2) In Annex 7, in Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met), in the table—
- (a) in entry 95, in the first column after “Solanum melongena L.,” insert “plants of Asparagus officinalis L., other than stems covered during their entire life by soil, live pollen, plant tissue cultures and seeds”;
- (b) after entry 102A insert—
| 102B | Fruits of Capsicum L. and Solanum L. | Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mayotte, Morocco, Mozambique, Namibia, Niger, Nigeria, Réunion, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, The Democratic Republic of the Congo, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, India, Indonesia, Iran, Iraq, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Malaysia, Maldives, Mongolia, Myanmar, Nepal, North Korea, Oman, Pakistan, Philippines, Qatar, Russia (only the following parts: Far Eastern Federal District (Dalnevostochny federalny okrug), Siberian Federal District (Sibirsky federalny okrug), and Ural Federal District (Uralsky federalny okrug)), Saudi Arabia, Singapore, South Korea, Sri Lanka, Syria, Tajikistan, Thailand, Timor-Leste, Turkmenistan, United Arab Emirates, Uzbekistan, Vietnam, and Yemen | The fruits must be accompanied by: (a) an official statement that they originate in a country which, in accordance with the measures specified in ISPM4, is recognised as being free from Bactrocera latifrons (Hendel) or (b) an official statement that they originate in an area established, in accordance with the measures specified in ISPM4, by the national plant protection organisation in the country of origin as being free from Bactrocera latifrons (Hendel) or (c) an official statement that no signs of Bactrocera latifrons (Hendel) have been observed at the place of production and in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examinations, signs of Bactrocera latifrons(Hendel), and information on traceability is included in the phytosanitary certificate, or (d) an official statement that the fruits have been subjected to an effective systems approach or an effective post-harvest treatment to ensure freedom from Bactrocera latifrons* (Hendel) * The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. ** The use of a systems approach or details of the treatment method must be included in the phytosanitary certificate. A phytosanitary certificate may not include: —the official statement referred to in point (a) unless the national plant protection organisation of the country of origin has previously notified the national plant protection organisation of the United Kingdom of this information in writing, —the official statement referred to in point (b) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas, - the official statement referred to in point (d) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the treatment or approach |
|---|---|---|---|
- (3) In Annex 11, in Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate), in the table, after entry 18A, insert—
| 18B | Plants of Asparagus officinalis L., other than stems covered during their entire life by soil | Other vegetables, fresh or chilled: — Asparagus ex 0709 20 00 | Any third country other than EU Member States, Liechtenstein and Switzerland |
|---|---|---|---|
CHAPTER 2 — Amendments to subordinate legislation
Amendments to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022
12
- (1) The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022[^f00011] are amended as follows.
- (2) In regulation 3 (determination of the frequency rate of physical checks and identity checks)—
- (a) for paragraph 1, substitute—
(1) This regulation applies to plants, plant products or other objects of a description specified in Part A of Annex 11, or in Annex 12, to the Commission Regulation which— (a) originate in a country other than a relevant third country; (b) are goods of a kind specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020[^f00012]; or (c) are goods of a kind specified in Annex 7 to 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.
- (b) in paragraph (2)—
- (i) at the beginning insert “Subject to paragraph (2A),”;
- (ii) after paragraph (2), insert—
(2A) In respect of the goods listed in the Schedule, the frequency rates determined by the appropriate authority must be no lower than the rates of such checks in respect of corresponding goods being imported into Northern Ireland, notwithstanding the appropriate authority having regard to information of a kind specified in paragraph (4).
- (c) in paragraph (3), after “paragraph (2)”, insert “or paragraph (2A), as applicable”;
- (d) in paragraph (6), after “paragraph (2)”, insert “or paragraph (2A), as applicable”;
- (3) In regulation 4 (annual review and modification of the frequency rate of physical checks and identity checks), in paragraph (3), after “regulation 3(2)”, insert “or regulation 3(2A), as applicable”;
- (4) After regulation 6, insert—
SCHEDULE
| Description of plants | Country of origin |
|---|---|
| Strawberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Avocados, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Blackberries, mulberries and loganberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Raspberries, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Table grapes, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Apples, fresh or chilled but excluding cider apples, in bulk from 16 September to 15 December | Third countries other than an EU Member State and Switzerland |
| Pears, fresh or chilled but excluding perry pears in bulk, from 01 August to 31 December | Third countries other than an EU Member State and Switzerland |
| Fruits of the species Vaccinium macrocarpon and Vaccinium corymbosum, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Fruits of species Vaccinium myrtillus,fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Fruits of the genus Capsicum or of the genus Pimenta (Solanaceae), fresh or chilled, but excluding fruits of the genus Capsicum for the manufacture of capsicin or capsicum oleoresin dyes, or for the industrial manufacture of essential oils or resinoids | Third countries other than an EU Member State and Switzerland |
| Sweet potatoes, fresh, whole, intended for human consumption | Third countries other than an EU Member State and Switzerland |
| Ginger, fresh or chilled, other than dried | Third countries other than an EU Member State and Switzerland |
| Tomatoes, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Asparagus, fresh or chilled | Third countries other than an EU Member State and Switzerland |
| Sweetcorn, fresh or chilled | Third countries other than an EU Member State and Switzerland. |
SCHEDULE 1 — Application of public health and marketing standards by virtue of the disapplication of EU Regulations listed in Annex 1 to the SPS Regulation
| Column 1 EU instrument listed in Annex 1 to the SPS Regulation (including paragraph numbering from that Annex) | Column 2 Instruments | Column 3 Modifications |
|---|---|---|
| 2. Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish [^f00013] | Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish [^f00014] | None |
| 4. Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products [^f00015] | Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products [^f00016] | None |
| 5. Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito [^f00017] | Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito[^f00018] | None |
| 6. Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food [^f00019] | Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food [^f00020] | None |
| 8. Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products [^f00021] | Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products[^f00022] | None |
| 19. Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp. [^f00023] | Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp. [^f00024] | None |
| 22. Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 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 [^f00025] | Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 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[^f00026] | In Article 18(4), the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “the United Kingdom” |
| 23. Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed [^f00027], with the exception of the second paragraph of Article 32 | Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed[^f00028], with the exception of the second paragraph of Article 32 In respect of retail goods produced in or imported into England, the Genetically Modified Food (England) Regulations 2004[^f00029] In respect of retail goods produced in or imported into Wales, the Genetically Modified Food (Wales) Regulations 2004[^f00030] In respect of retail goods produced in or imported into Scotland, the Genetically Modified Food (Scotland) Regulations 2004[^f00031] | In Article 12(1), the reference to “Great Britain” is to be read, so far as the context requires, as a reference to “Northern Ireland” |
| 24. Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC [^f00032] | Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed from genetically modified organisms and amending Directive 2001/18/EC [^f00033] | None |
| 25. Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition[^f00034] | Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition[^f00035] | None |
| 27. Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents[^f00036] | Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents[^f00037] | None |
| 28. Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods[^f00038] | Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods[^f00039] | None |
| 29. Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs[^f00040] | Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs[^f00041] | 1. A food business operator in Northern Ireland who would be in compliance with a requirement in the EU instrument in Column 1 which would apply but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to be in compliance with the corresponding requirement in the instrument in Column 2 2. A competent authority in Northern Ireland which carries out a function in a way which would be exercisable by it under a provision in the EU instrument in Column 1 but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to carry out the function under the corresponding provision in the instrument in Column 2 |
| 30. Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin [^f00042] | Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin[^f00043] | 1. A food business operator in Northern Ireland who would be in compliance with a requirement in the EU instrument in Column 1 which would apply but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to be in compliance with the corresponding requirement in the instrument in Column 2 2. A competent authority in Northern Ireland which carries out a function in a way which would be exercisable by it under a provision in the EU instrument in Column 1 but for its disapplication by virtue of Article 1(2) and Chapter 2 of the SPS Regulation is deemed to carry out the function under the corresponding provision in the instrument in Column 2 |
| 31. Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC [^f00044] | Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC[^f00045] | None |
| 33. Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC [^f00046] | Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC[^f00047] | None |
| 34. Regulation (EC) 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods [^f00048] | Regulation (EC) 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods[^f00049] | None |
| 35. Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods [^f00050] | Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods[^f00051] | None |
| 37. Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel, insofar as it concerns provisions relating to marketing standards [^f00052] | Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel, insofar as it concerns provisions relating to marketing standards [^f00053] | None |
| 38. Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 [^f00054] | Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 [^f00055], with the exception of Chapter 3 | None |
| 40. Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings [^f00056] | Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings [^f00057] | None |
| 41. Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 [^f00058] | Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97[^f00059] | None |
| 42. Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives [^f00060] | Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives [^f00061] | None |
| 43. Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC [^f00062] | Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC[^f00063] | None |
| 46. Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council [^f00064] | Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council [^f00065] | None |
| 47. Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC [^f00066] | Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC[^f00067] | None |
| 49. Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 [^f00068], insofar as it concerns provisions relating to marketing standards | Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 [^f00069], insofar as it concerns provisions relating to marketing standards | None |
| 50. Regulation (EU) No640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003 [^f00070] | Regulation (EU) No640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003 [^f00071] | None |
| 51. Commission Implementing Regulation (EU) No543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors [^f00072] | Commission Implementing Regulation (EU) No543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors[^f00073] | None |
| 52. Regulation (EU)1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 [^f00074] | Regulation (EU)1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004[^f00075] | None |
| 53. Regulation (EU) No528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products [^f00076] | Regulation (EU) No528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products [^f00077] | None |
| 54. Regulation (EU) No608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003[^f00078] | Regulation (EU) No608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003[^f00079] | None |
| 55. Regulation (EU) No609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 [^f00080] | Regulation (EU) No609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/ECand 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009[^f00081] | None |
| 56. Sections 1 and 3 of Chapter I of Title II of Part II of Regulation (EU) No1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 [^f00082] | Sections 1 and 3 of Chapter 1 of Title 2 of Part 2 of Regulation (EU) No1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007[^f00083] | None |
| 57. Regulation (EU) No1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/ EC [^f00084], insofar as it concerns provisions relating to marketing standards for fishery and aquaculture products | Regulation (EU) No1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/ EC [^f00085], insofar as it concerns provisions relating to marketing standards for fishery and aquaculture products | None |
| 58. Regulation (EU) No251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation and labelling of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 [^f00086] | Regulation (EU) No251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 [^f00087] except Chapter 3 | None |
| 60. Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 [^f00088] | Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No1852/2001[^f00089] | References to “Great Britain” are to be read as references to “Northern Ireland” so far as the context requires |
| 61. Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90 [^f00090] | Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90 [^f00091] | None |
| 63. Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC [^f00092] | The Veterinary Medicines Regulations 2013, as they have effect in Great Britain[^f00093] The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015[^f00094], in respect of retail goods produced in or imported into England or Scotland The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019[^f00095], in respect of retail goods produced in or imported into Wales | None |
| 64. Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC [^f00096] | The Veterinary Medicines Regulations 2013, as they have effect in Great Britain The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015, in respect of retail goods produced in or imported into England or Scotland The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019, in respect of retail goods produced in or imported into Wales | None |
| 65. Chapter II of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008[^f00097] and Chapter I thereof insofar as it prohibits the use of synthetic alcohol and certain colourings | Chapter II of Regulation 110/2008 of the European Parliament and of the Council of 15January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No1576/89[^f00098] and Chapter I thereof insofar as it prohibits the use of synthetic alcohol and certain colourings | None |
| 66. Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 [^f00099], insofar as it concerns provisions relating to minimum sizes of marine organisms that also constitute minimum marketing sizes | Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 [^f00100], insofar as it concerns provisions relating to minimum sizes of marine organisms that also constitute minimum marketing sizes | None |
SCHEDULE 2 — Application of public health and marketing standards by virtue of the disapplication of EU Directives listed in Annex 1 to the SPS Regulation
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.