The Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019

Made: 27 November 2019

Laid before the National Assembly for Wales: 28 November 2019

Coming into force: 14 December 2019

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[^f00004] there has been open and transparent public consultation during the preparation of these Regulations.

Title and commencement

1

• (1) The title of these Regulations is the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019.

• (2) These Regulations come into force on 14 December 2019.

Amendment of the Fishery Products (Official Controls Charges) (Wales) Regulations 2007

2

The Fishery Products (Official Controls Charges) (Wales) Regulations 2007 are amended as follows.

3

In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) for the definition that begins ““Directive 2004/41”” substitute—

• “Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 2406/96” (“Rheoliad 2406/96”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/2005”), “Regulation 2015/1375” (“Rheoliad 2015/1375”), “Regulation 2017/185” (“Rheoliad 2017/185”), “Regulation 2017/625” (“Rheoliad 2017/625”), “Regulation 2019/624” (“Rheoliad 2019/624”) and “Regulation 2019/627” (“Rheoliad 2019/627”) have the meanings respectively given to them in the Schedule;

• (ii) in the definition of “first placing on the market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;

• (iii) in the definition of “first sale in a fish market”, for “Regulation 882/2004” substitute “Regulation 2017/625”;

• (iv) for the definition of “official controls” substitute—

• “official controls” (“rheolaethau swyddogol”) has the meaning given to it in Article 2(1) of Regulation 2017/625;

• (v) in the definition of “processing”, for “Chapter V of Section B of Annex IV to Regulation 882/2004” substitute “Regulation 2017/625”;

• (vi) in the definition of “third country import”, for “a charge is payable under Regulation 882/2004” substitute “a charge set out in Annex 4 to Regulation 2017/625 is payable”;

• (b) after paragraph (2) insert—

(3) In these Regulations, any reference to an EU instrument defined in the Schedule is a reference to that instrument as amended from time to time.

4

In regulation 3 (actual costs)—

• (a) for “listed in Annex VI to Regulation 882/2004” substitute “referred to in Articles 81 and 82 of Regulation 2017/625”;

• (b) for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

5

In regulation 4 (Sterling equivalents of Euro), in paragraph (3)—

• (a) in sub-paragraph (b), after “in each subsequent year” insert “until the coming into force of the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019”;

• (b) after sub-paragraph (b) insert—

(c) after the coming into force of the Fishery Products (Official Controls Charges) (Wales) (Amendment) Regulations 2019, the average of the rates published in the C Series of the Official Journal of the European Union for each of the days during the period of charge when the rate is published.

6

In regulation 9 (sums remitted from one food authority to another), for “Annex III to Regulation 854/2004” substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

7

In regulation 10 (payment of landings charge), for “Annex III to Regulation 854/2004”, in each place it occurs, substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

8

In regulation 12 (charge in respect of processing establishments), for “Annex III to Regulation 854/2004”, in both places it occurs, substitute “Title 6 of and Annex 6 to Regulation 2019/627”.

9

For the Schedule (definitions of EU legislation), substitute the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Vaughan Gething — Minister for Health and Social Services, one of the Welsh Ministers — 27 November 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Fishery Products (Official Controls Charges) (Wales) Regulations 2007 (S.I. 2007/3462) (W. 307). These Regulations provide for the partial implementation of 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 (OJ No. L 95, 7.4.2017, p. 1) and of Implementing and Delegated Regulations made under it.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

[^f00002]: S.I. 2005/1971. By virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales by this designation are exercisable by the Welsh Ministers

[^f00003]: S.I. 2007/3462 (W. 307), amended by S.I 2018/806 (W. 162) and S.I 2019/463 (W. 111). It is prospectively amended by S.I. 2019/1046 (W. 185).

[^f00004]: OJ No. L 31, 1.2.2002, p. 1, as last amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p. 241).

[^f00005]: OJ No. L 157, 30.4.2004, p. 33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L 195, 2.6.2004, p. 12).

[^f00006]: OJ No. L 334, 23.12.1996, p. 1.

[^f00007]: OJ No. L 139, 30.4.2004, p. 1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (OJ No. L 226, 25.6.2004, p. 3) which should be read with a further Corrigendum (OJ No. L 204, 4.8.2007, p. 26).

[^f00008]: OJ No. L1 39, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L 226, 25.6.2004, p. 22) which should be read with a further Corrigendum (OJ No. L 204, 4.8.2007, p. 26).

[^f00009]: OJ No. L 271, 15.10.2005, p. 17.

[^f00010]: OJ No. L 338, 22.12.2005, p. 1, as read with the Corrigenda at OJ No. L 278, 10.10.2006, p. 32 and OJ No. L 283, 14.10.2006, p. 62.

[^f00011]: OJ No. L 338, 22.12.2005, p. 27.

[^f00012]: OJ L No. L 212, 11.8.2015, p. 7.

[^f00013]: OJ No. L 95, 7.4.2017, p. 1.

[^f00014]: OJ No. L 131, 17.5.2019, p. 1.

[^f00015]: OJ No. L 131, 17.5.2019, p. 51.