2019 No. 1101

Exiting The European Union, Northern Ireland
Agriculture, Northern Ireland
Animals, Northern Ireland
Aquaculture, Northern Ireland
Environmental Protection, Northern Ireland
Food, Northern Ireland
Horticulture, Northern Ireland

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”.

David RutleyParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Part 2 makes necessary amendments to subordinate legislation in relation to animals provisions.

Part 3 makes necessary amendments to subordinate legislation in relation to aquaculture provisions.

Part 4 makes necessary amendments to subordinate legislation in relation to environmental protection provisions.

Part 5 makes necessary amendments to subordinate legislation in relation to food provisions.

Part 6 makes necessary amendments to subordinate legislation in relation to horticulture provisions.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.