The Carcase Classification and Price Reporting (Wales) Regulations 2018

Made: 22 November 2018

Laid before the National Assembly for Wales: 23 November 2018

Coming into force: 14 December 2018

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in that section and it appears to the Welsh Ministers that it is expedient for references to the following Regulations to be construed as a reference to those Regulations as amended from time to time—Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ;Commission Delegated Regulation (EU) No 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals ; andCommission Implementing Regulation (EU) No 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals .

These Regulations make provision for a purpose mentioned in that section and it appears to the Welsh Ministers that it is expedient for references to the following Regulations to be construed as a reference to those Regulations as amended from time to time—

Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ;

Commission Delegated Regulation (EU) No 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals ; and

Commission Implementing Regulation (EU) No 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals .

PART 1 — GENERAL PROVISIONS

Title, application and commencement

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• (1) The title of these Regulations is the Carcase Classification and Price Reporting (Wales) Regulations 2018.

• (2) These Regulations apply in relation to Wales.

• (3) These Regulations come into force on 14th December 2018.

Interpretation

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• (1) In these Regulations—

• “the 2011 Regulations” (“Rheoliadau 2011”) means the Beef and Pig Carcase Classification (Wales) Regulations 2011 ;

• “adult bovine animal” (“anifail buchol llawn-dwf”) means a bovine animal aged eight months or more;

• “approved slaughterhouse” (“lladd-dy cymeradwy”) means an establishment used for slaughtering adult bovine animals or pigs, the meat of which is intended for human consumption and which is approved or conditionally approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ;

• “authorised officer” (“swyddog awdurdodedig”) means a person authorised by the Welsh Ministers for the purposes of these Regulations, but does not include a person appointed for the purpose of considering an appeal under regulation 10;

• “bovine carcase” (“carcas buchol”) means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark as defined in Article 3(51) 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; and in this definition—“carcase” means the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning, and“half-carcase” means the product obtained by separating the carcase symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and ischiopubic symphysis;

• “classification” (“dosbarthu”) means—the classification of bovine carcases in accordance with the assimilated beef provisions, orthe classification of pig carcases in accordance with the assimilated pig provisions and with regulation 14,as the case may be and cognate terms are to be construed accordingly;

• “clean pig” (“mochyn glân”) means a pig which has not been used for breeding;

• “Commission Delegated Regulation” (“Rheoliad Dirprwyedig y Comisiwn”) means Commission Delegated Regulation (EU) No 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases of live animals ;

• “Commission Implementing Regulation” (“Rheoliad Gweithredu'r Comisiwn”) means Commission Implementing Regulation (EU) No 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals ;

• “assimilated beef provision” (“darpariaeth cig eidion a gymathwyd”) means a provision which is specified in column (2) of Schedule 1, the subject matter of which is described in column (3) of that Schedule;

• “assimilated pig provision” (“darpariaeth moch a gymathwyd”) means a provision which is specified in column (2) of Schedule 2, the subject matter of which is described in column (3) of that Schedule;

• “operator” (“gweithredwr”) means a person carrying on the business of an approved slaughterhouse;

• “pig carcase” (“carcas mochyn”) means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line;

• “prescribed communication” (“cyfathrebiad rhagnodedig”) means a communication of the results of the classification as required by Article 1 of the Commission Implementing Regulation;

• “Regulation (EU) 2013” (“Rheoliad (EU) 2013”) means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.

• (2) Other terms used in these Regulations that are also used in Regulation (EU) 2013, the Commission Delegated Regulation or the Commission Implementing Regulation have the meaning they bear in those Regulations.

• (3) In these Regulations, any reference to—

• (a) Regulation (EU) 2013,

• (b) the Commission Delegated Regulation, or

• (c) the Commission Implementing Regulation,

is to be construed as a reference to that instrument as amended from time to time.

Transitional provisions

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Any notice, licence, approval or authorisation, given or granted under the 2011 Regulations and which has effect at the coming into force of these Regulations remains in force as if it were given or granted under these Regulations.

Revocations

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The following are revoked—

• (a) the 2011 Regulations; and

• (b) regulation 2 of the Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 .

PART 2 — NOTIFICATIONS BY OPERATORS

Notification by operators

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• (1) Every person who—

• (a) is an operator on the coming into force date of these Regulations, or

• (b) becomes an operator on a subsequent date,

must, within 28 days of the coming into force date of these Regulations or of the date on which that person becomes an operator as the case may be, give notice to the Welsh Ministers of the particulars specified in paragraph (3).

• (2) A person—

• (a) who has given notice, or who has been deemed to have given notice, under regulation 5(1) or (2) of the 2011 Regulations, and

• (b) to whom these Regulations apply by virtue of regulation 6 or 12,

is deemed to have given notice under paragraph (1).

• (3) The particulars in paragraph (1) are—

• (a) the full name and address of the operator;

• (b) where the operator is a partnership or joint owners, the full names and addresses of all the partners or joint owners;

• (c) where the operator is a body corporate, the full name, registered office address and registration number of the body; and

• (d) the address, telephone number and approval number of the slaughterhouse.

• (4) Where any change occurs in any of the particulars specified in paragraph (3), the operator must within 28 days of the change give notice to the Welsh Ministers of the particulars of the change.

• (5) Where an operator (“O”) ceases to be the operator of an approved slaughterhouse, O must within 10 days of the cessation give notice to the Welsh Ministers of—

• (a) the date of the cessation; and

• (b) the person (if any) succeeding O as operator of that slaughterhouse.

• (6) Where an approved slaughterhouse ceases to be such a slaughterhouse, its operator must within 10 days of such cessation give notice to the Welsh Ministers of the date of that cessation.

PART 3 — BOVINE CARCASES

Application of these Regulations to small-scale bovine operators

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• (1) A small-scale bovine operator is not required to classify bovine carcases.

• (2) These Regulations do not apply to a small-scale bovine operator which does not classify bovine carcases.

• (3) But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.

• (4) In this regulation, “small-scale bovine operator” means an operator of an approved slaughterhouse at which fewer than 150 adult bovine animals per week as an annual average are slaughtered.

• (5) Any small-scale bovine operator who, until the coming into force of these Regulations, was required to classify bovine carcases under the 2011 Regulations is not by that reason alone deemed to have chosen to do so for the purposes of paragraph (3).

• (6) Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator's slaughterhouse.

Competent authorities: bovine carcases

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• (1) The Welsh Ministers are the competent authority for the purposes of—

• (a) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);

• (b) Articles 13 and 14 of the Commission Delegated Regulation and Article 14 of the Commission Implementing Regulation (reporting of market prices and calculation of average price per class);

• (c) Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases);

• (d) Article 4(1) of the Commission Implementing Regulation (making and keeping reports for on-the-spot checks).

• (2) The Welsh Ministers are responsible for—

• (a) Article 10 of the Commission Delegated Regulation (authorisation of automated grading methods);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) on-the-spot checks as described in Articles 2 and 3 of the Commission Implementing Regulation.

Licence to carry out classification

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• (1) The Welsh Ministers may grant a licence to carry out visual classification of bovine carcases to any person who applies for such a licence and who appears to the Welsh Ministers to be qualified to carry out the classification, if the Welsh Ministers are satisfied that the applicant is a fit and proper person to carry out classification of bovine carcases.

• (2) The licence may be made subject to such terms and conditions as the Welsh Ministers consider necessary for the purposes of paragraph (1).

• (3) In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation (incorrect classification, presentations or identifications), the Welsh Ministers may suspend or revoke a licence granted to a person under this regulation if—

• (a) the person has contravened any of the terms or conditions of that licence; or

• (b) the Welsh Ministers are satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases.

• (4) Where the Welsh Ministers take any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 10, the Welsh Ministers must—

• (a) inform the person of the decision in writing;

• (b) give the reasons; and

• (c) explain that there is a right of appeal to a person appointed by the Welsh Ministers.

Licence for automated grading

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• (1) The Welsh Ministers may grant to the operator of an approved slaughterhouse a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse, if the Welsh Ministers are satisfied that the equipment and the manner of its operation would meet the standards required by Articles 9(b) and 10(2) (read with Part A of Annex IV) of the Commission Delegated Regulation.

• (2) The licence may be made subject to such terms and conditions as are necessary to ensure compliance with those standards.

• (3) In addition to the power to revoke a licence in the circumstances mentioned in Article 4(2) of the Commission Implementing Regulation, the Welsh Ministers may suspend or revoke a licence granted to an operator under this regulation if—

• (a) the operator has contravened any of the terms or conditions of the licence; or

• (b) the Welsh Ministers consider that the automated grading equipment no longer meets the standards required by the Commission Delegated Regulation, whether for reasons connected with the equipment itself or with the operator's manner of operation of the equipment.

• (4) Where the Welsh Ministers take any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 10, the Welsh Ministers must—

• (a) inform the person of the decision in writing;

• (b) give the reasons; and

• (c) explain that there is a right of appeal to a person appointed by the Welsh Ministers.

Appeals regarding licences

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• (1) A person may appeal against—

• (a) a decision by the Welsh Ministers to refuse an application by that person for a licence under regulation 8 or 9;

• (b) a term or condition imposed by the Welsh Ministers in a licence granted to that person under regulation 8 or 9; or

• (c) a decision by the Welsh Ministers to suspend or revoke a licence under regulation 8 or 9.

• (2) The appeal must be made to a person appointed for the purpose by the Welsh Ministers.

• (3) The Welsh Ministers may also make written representations to the appointed person concerning the decision.

• (4) The appointed person must consider the appeal and any representations made by the Welsh Ministers and must report in writing to the Welsh Ministers with the person's conclusions on the appeal and a recommendation as to the manner in which the matter should be finally determined by the Welsh Ministers.

• (5) The Welsh Ministers must then reach a final determination and notify the person who made the appeal of that decision and the reasons for it.

Records: bovine carcases

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• (1) An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.

• (2) The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.

PART 4 — PIG CARCASES

Exemption for small-scale pig operators

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• (1) These Regulations do not apply to the operator of an approved slaughterhouse at which fewer than 500 clean pigs per week as an annual average are slaughtered.

• (2) Nothing in paragraph (1) prevents the application of these Regulations to an operator in relation to bovine carcases if adult bovine animals are also slaughtered in that operator's slaughterhouse.

Competent authority: pig carcases

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• (1) The Welsh Ministers are the competent authority for the purposes of—

• (a) Article 7(4) of the Commission Delegated Regulation (classification and weighing);

• (b) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);

• (c) Articles 13 and 14 of the Commission Delegated Regulation and Article 14 of the Commission Implementing Regulation (reporting of market prices and calculation of average price per class);

• (d) Article 17(2) of the Commission Delegated Regulation (supplementary provisions for reporting of market prices for carcases);

• (e) Article 4(1) of the Commissioning Implementing Regulation (making and keeping reports for on-the-spot checks).

• (2) The Welsh Ministers are responsible for—

• (a) Article 11 of the Commission Delegated Regulation (authorisation of automated grading methods);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .