The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019

Made: 5th March 2019

Laid before the National Assembly for Wales: 6 March 2019

Coming into force: 28 March 2019

The Welsh Ministers make these Regulations in exercise of the powers conferred by—except so far as relating to the regulations mentioned in paragraph (b), section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) ; andso far as relating to regulations 5, 6, 10 and 11, sections 1, 7(1), 8(1), 10, 14(1) and 23 of the Animal Health Act 1981 .The Welsh Ministers are designated for the purposes of section 2(2) of the 1972 Act in relation to—measures in the veterinary and phytosanitary field for the protection of human health ;the common agricultural policy ;measures in respect of food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals ;measures relating to prevention and remedy of environmental damage ;measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms ;measures relating to the assessment and management of ambient air quality and compliance with air quality limit values, target values and objectives ;materials providing or intended to provide nutrients for plants ;the quality of water intended for domestic purposes or for use in a food production undertaking .

The Welsh Ministers make these Regulations in exercise of the powers conferred by—

except so far as relating to the regulations mentioned in paragraph (b), section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) ; and

so far as relating to regulations 5, 6, 10 and 11, sections 1, 7(1), 8(1), 10, 14(1) and 23 of the Animal Health Act 1981 .

The Welsh Ministers are designated for the purposes of section 2(2) of the 1972 Act in relation to—

measures in the veterinary and phytosanitary field for the protection of human health ;

the common agricultural policy ;

measures in respect of food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals ;

measures relating to prevention and remedy of environmental damage ;

measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms ;

measures relating to the assessment and management of ambient air quality and compliance with air quality limit values, target values and objectives ;

materials providing or intended to provide nutrients for plants ;

the quality of water intended for domestic purposes or for use in a food production undertaking .

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in regulation 9 to be construed as references to those instruments as amended from time to time.

There has been open and transparent public consultation during the preparation and evaluation of these Regulations 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 .

PART 1 — General provisions

Title, application and commencement

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• (1) The title of these Regulations is the Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019.

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

• (3) These Regulations come into force on 28 March 2019.

PART 2 — Amendments to legislation concerning agriculture

The EC Fertilisers (England and Wales) Regulations 2006

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In regulation 2(1) of the EC Fertilisers (England and Wales) Regulations 2006 , in the definition of “the Community Regulation” after “fertilisers” insert “ , as last amended by Commission Regulation (EU) 2016/1618 ”.

The Bovine Semen (Wales) Regulations 2008

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In regulation 17(1)(c) of the Bovine Semen (Wales) Regulations 2008 , for “articles 3(2)(a) or 3(2)(b) of the Veterinary Surgery (Blood Sampling) Order 1983 ” substitute “ articles 5(2) and 5(3) of the Veterinary Surgery (Exemptions) Order 2015 ”.

The Official Feed and Food Controls (Wales) Regulations 2009

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• (1) The Official Feed and Food Controls (Wales) Regulations 2009 are amended as follows.

• (2) In Schedule 3, in paragraph (a)—

• (a) omit sub-paragraph (iii);

• (b) for sub-paragraph (iv) substitute—

(iv) the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs ,

PART 3 — Amendments to legislation concerning animals

The Foot and Mouth Disease (Wales) Order 2006

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• (1) The Foot and Mouth (Wales) Order 2006 is amended as follows.

• (2) In article 3—

• (a) in the definition of “the Directive”, at the end insert, “ , as last amended by Commission Implementing Decision (EU) 2018/1099 ”;

• (b) in the definition of “Regulation (EC) No. 1069/2009”, at the end insert “ , as last amended by Council Regulation (EU) 1385/2013 ”;

• (c) in the definition of “Regulation (EU) No. 142/2011”, at the end insert “ , as last amended by Commission Regulation (EU) 2017/1262 ”.

• (3) In article 32, for paragraph (5) substitute —

(5) In this article, “border inspection post” means one that has been listed in Commission Decision 2009/821/EC drawing up a list of approved border inspection posts.

The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006

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In article 2(2) of the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 , after “Directive 92/40/EEC” insert “ , as last amended by Council Directive 2008/73/EC ”.

The Cattle Identification (Wales) Regulations 2007

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• (1) The Cattle Identification (Wales) Regulations 2007 are amended as follows.

• (2) In regulation 2(1)—

• (a) after the definition of “Commission Regulation (EC) No 494/98 ” insert—

“Commission Regulation (EC) No 911/2004” (“Rheoliad y Comisiwn (EC) Rhif 911/2004”) means Commission Regulation (EC) No 911/2004 implementing Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards eartags, passports and holding registers, as last amended by Commission Implementing Regulation (EU) 2017/949 .

• (b) in the definition of “Regulation (EC) No 1760/2000” (“Rheoliad (EC) Rhif 1760/2000”), at the end insert “ , as amended by Regulation (EU) 2016/429 of the European Parliament and the Council ”.

• (3) In regulation 2(2)(c), omit the words from “(implementing” to “registers)”.

• (4) In Schedule 3, in paragraph 3(3)(a) of Part 1, after “Council” insert “ , as last amended by Regulation (EU) No 1385/2013 of the European Parliament and of the Council ”.

The Zoonoses (Monitoring) (Wales) Regulations 2007

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In regulation 6(2) of the Zoonoses (Monitoring) (Wales) Regulations 2007 , for “the Poultry Breeding Flocks and Hatcheries (Wales) Order 2007 ” substitute “ the Control of Salmonella in Poultry (Wales) Order 2008 ”.

The Welfare of Farmed Animals (Wales) Regulations 2007

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In Schedule 5A to the Welfare of Farmed Animals (Wales) Regulations 2007 , in paragraph 1 of Part 1—

• (a) in the definition of “Regulation 853/2004” (“Rheoliad 853/2004”), at the end insert “ , as last amended by Commission Regulation (EU) 2017/1981 of 31 October 2017 ”;

• (b) in the definition of “Regulation 854/2004” (“Rheoliad 854/2004”), at the end insert “ , as last amended by Commission Regulation (EU) 2015/2285 of 8 December 2015 ”.

The Control of Salmonella in Poultry (Wales) Order 2008

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In article 3 of the Control of Salmonella in Poultry (Wales) Order 2008 , before paragraph (a), insert —

(za) Regulation (EC) No 2160/2003;

The Control of Salmonella in Turkey Flocks (Wales) Order 2010

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In article 3 of the Control of Salmonella in Turkey Flocks (Wales) Order 2010 , before paragraph (a), insert —

(za) Regulation (EU) No 1190/2012;

The Trade in Animals and Related Products (Wales) Regulations 2011

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• (1) The Trade in Animal and Related Products Regulations (Wales) Regulations 2011 are amended as follows.

• (2) In regulation 2(1), in the definition of “product” (“cynnyrch”), after “97/78/EC)” insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 ”.

• (3) In regulation 9, after “2007/275/EC”, insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 ”.

• (4) In regulation 10(a) after “countries” insert “ , as last amended by Commission Implementing Regulation (EU) No 494/2014 ”.

• (5) In regulation 11(4) after “countries” insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 ”.

• (6) In regulation 12(4), after “2007/275/EC” insert “ , as last amended by Commission Implementing Decision (EU) 2016/1196 ”.

• (7) In regulation 15(1)(a), after “countries” insert “ as last amended by Council Directive 2013/20/EU ”.

• (8) In regulation 20 after sub-paragraph (3) insert—

(4) In this regulation “Regulation (EC) No 1069/2009” (“Rheoliad (EC) Rhif 1069/2009”) means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived by-products, as last amended by Council Regulation (EU) No 1385/2013

• (9) In regulation 28, for the words from “in a free zone” to the end, substitute—

in contravention of the following provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code— (a) [Title 5, Chapter 3, in section 2,] regarding free zones, and (b) Title 7, Chapter 3, in section 2, regarding warehouses

• (10) In regulation 32(4) for the words “Articles 37” to the end substitute “ Articles 135 to 137 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code ”.

• (11) In regulation 35(2), in the words before paragraph “(a)”, after “Council Directive 90/425/EEC ” insert “ , as last amended by Regulation (EU) 2016/1012 ”.

• (12) In Schedule 2—

• (a) in Part 1, after paragraph 7 insert —

(8) In this part— - “Council Directive 64/432/EEC ” (“Cyfarwyddeb y Cyngor 64/432/EEC”) means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine, as last amended by Commission Implementing Decision (EU) 2015/819 ; - “Council Directive 91/68/EEC” (“Cyfarwyddeb y Cyngor 91/68/EEC”) means Council Directive 91/68/EEC on animal health conditions governing intra-community trade in ovine and caprine animals, as last amended by Commission Implementing Decision (EU) 2016/2002 .

• (b) in Part 2, for paragraph 10, substitute “ When a horse is imported temporarily from a third country, the provisions of Section 7 of Commission Implementing Regulation (EU) 2018/659 apply. ”.

The African Horse Sickness (Wales) Regulations 2013

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The Animal By-Products (Enforcement) (Wales) Regulations 2014

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In Schedule 1 of the Animal By-Products (Enforcement) (Wales) Regulations 2014 , in entry 17 of the table, in the third column, omit “and 36(1)”.

PART 4 — Amendments to legislation concerning education

The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013

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• (1) The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 are amended as follows.

• (2) In regulation 2(1) in the definition of “relevant European Union Regulations” (“Rheoliadau Undeb Ewropeaidd perthnasol”)—

• (a) after the definition of “Regulation (EC) No 1333/2008” insert “ as amended from time to time ”;

• (b) after the definition of “Regulation (EC) No 1334/2008” insert “ as amended from time to time ”.

PART 5 — Amendments to legislation concerning environmental protection

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

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• (1) The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996 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 ” substitute “ the Genetically Modified Organisms (Contained Use) Regulations 2014 ”.

• (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 ” substitute “ the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ”.

The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002

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The Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005

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