2019 No. 1101
The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
Sift requirements satisfied
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 20181, makes the following Regulations.
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure) have been satisfied.
There has been open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council2 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 1Introductory
Citation, commencement and extent1
1
These Regulations may be cited as the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.
2
They come into force as follows—
a
as regards this Part and regulations 3, 6, 8 and 9, 21 days after the day on which these Regulations are laid;
b
as regards all other regulations, on exit day.
3
These Regulations extend to Northern Ireland only.
PART 2Amendments of Animals Provisions
Amendment of the Cattle Passport Regulations (Northern Ireland) 19992
In the Cattle Passport Regulations (Northern Ireland) 19993, in regulation 4(1), for “, a Minister of the Crown or a competent authority of a member State” substitute “or a Minister of the Crown”.
PART 3Amendments of Aquaculture Provisions
Amendment of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 20193
1
The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 20194 are amended as follows.
2
For regulation 2(2) substitute—
2
In regulation 2(2), in the definition of “listed disease”, in paragraph (a), for “Part II of Annex IV to Directive 2006/88” substitute “Annex 1A to Regulation 1251/20085.”
3
In regulation 2(11)—
a
in the inserted paragraph (7), for “regulations 19(3)(c) and 21(1)” substitute “regulation 19(3)(c)”;
b
after the inserted paragraph (7)(a)(ii) insert—
iii
paragraph 3 were omitted; and
c
in the inserted paragraph (9), for “paragraph (9)(b)” substitute “paragraph (8)(b)”.
PART 4Amendments of Environmental Protection Provisions
Amendment of the Environmental Noise Regulations (Northern Ireland) 20064
In regulation 4 of the Environmental Noise Regulations (Northern Ireland) 20066 for “(6)”, substitute “(5)”.
Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 20095
In regulation 2(4) of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 20097, for “as amended from time to time”, substitute “as it had effect immediately before exit day”.
Amendment of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 20196
Omit regulation 38 of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 20198.
PART 5Amendments of Food Provisions
Amendment of the Carcase Classification and Price Reporting Regulations (Northern Ireland) 20187
In regulation 8 of the Carcase Classification and Price Reporting Regulations (Northern Ireland) 20189, for “European”, substitute “retained EU”.
Amendment of the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 20198
In the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 201910, in regulation 6(4), for sub-paragraph (a) substitute—
a
in paragraph (9)(a), for “European Union”, substitute “United Kingdom, the Channel Islands and the Isle of Man”;
Amendment of the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 20199
In the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 201911, in regulation 5(3), in the inserted text, for “on or before 31 December 2020” substitute “before the end of the period of 21 months beginning on the day on which exit day falls”.
PART 6Amendment of Horticulture Provisions
Amendment of the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 201010
1
The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 201012 are amended as follows.
2
In regulation 2(1) for “Community marketing rules”, in each place it occurs, substitute “marketing rules”.
3
In regulation 3(2)—
a
omit “Community”;
b
omit “or the European Commission”.
4
In regulation 5 omit “Community”, in both places it occurs.
5
In regulation 6(1) omit “Community”.
6
In regulation 7 omit “Community”, in each place it occurs.
7
In regulation 8 omit “Community”, in each place it occurs.
8
In regulation 9 omit “Community”, in each place it occurs.
9
In regulation 10(2)(e) omit “Community”.
10
In regulation 13 omit “Community”, in both places it occurs.
11
In regulation 15—
a
in the heading, for “Community marketing rules offences”, substitute “Marketing rules offences”;
b
omit “Community”, in each place it occurs;
c
in paragraph (8), for “European Union” substitute “United Kingdom”.
12
in regulation 18 omit “Community”, in both places it occurs.
13
After regulation 24 insert—
Transitional provisions: withdrawal from the EU25
1
Regulation 17 does not apply in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—
a
relates to a product that was placed on the market before the end of the period of 21 months beginning on the day on which exit day falls, and
a
would not have constituted a contravention of that Regulation as it applied immediately before exit day.
2
An authorised officer must not exercise the powers under regulation 6 in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—
a
relates to a product that was placed on the market before the end of the period of 21 months beginning on the day on which exit day falls, and
a
would not have constituted a contravention of that Regulation as it applied immediately before exit day.
14
In Schedule 1 in Part 1, omit “Community”.
Amendment of the Marketing of Bananas Regulations (Northern Ireland) 201911
1
The Marketing of Bananas Regulations (Northern Ireland) 201913 are amended as follows.
2
In regulation 3(2)—
a
in sub-paragraph (a), omit “in other member States and”;
b
omit sub-paragraph (b) and the preceding “or”.
3
In regulation 4(6), for “European Union” substitute “United Kingdom”.
(This note is not part of the Regulations)