European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 Index
c SD No.2019/0212 Page 1
c EUROPEAN UNION AND TRADE ACT 2019
(DEFICIENCIES) (DEFA) (NO. 5) REGULATIONS 2019
Index Regulation Page
1 Title ................................................................................................................................... 3
2 Commencement .............................................................................................................. 3
3 Interpretation ................................................................................................................... 3
4 Application of regulation 4 (interpretation of prescribed EU regulations,
EU decisions and EU tertiary legislation) of the retention regulations ................... 4
5 Retained direct EU legislation amended ..................................................................... 4
6 Construction .................................................................................................................... 5
SCHEDULE 1 7
RETAINED DIRECT EU LEGISLATION CONCERNING AGRICULTURAL
TRADE AMENDED 7
SCHEDULE 2 71
RETAINED DIRECT EU LEGISLATION CONCERNING ANIMAL DISEASES
AMENDED 71
SCHEDULE 3 81
RETAINED DIRECT EU LEGISLATION CONCERNING ANIMAL BY-
PRODUCTS AND ANIMAL SLAUGHTER AMENDED 81
SCHEDULE 4 88
RETAINED DIRECT EU LEGISLATION CONCERNING ANIMAL
MOVEMENTS AND ANIMAL WELFARE AMENDED 88
SCHEDULE 5 90
RETAINED DIRECT EU LEGISLATION CONCERNING AQUACULTURE
AMENDED 90
SCHEDULE 6 94
RETAINED DIRECT EU LEGISLATION CONCERNING DAIRY PRODUCTS
AMENDED 94
Index European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 2 SD No.2019/0212 c
SCHEDULE 7 96
RETAINED DIRECT EU LEGISLATION CONCERNING FISHERIES
AMENDED 96
SCHEDULE 8 102
RETAINED DIRECT EU LEGISLATION CONCERNING FOOD LABELLING
AMENDED 102
SCHEDULE 9 198
RETAINED DIRECT EU LEGISLATION CONCERNING FOOD SAFETY
AMENDED 198
SCHEDULE 10 200
RETAINED DIRECT EU LEGISLATION CONCERNING IMPORTATION OF
PRODUCTS FROM THIRD COUNTRIES AMENDED 200
SCHEDULE 11 217
RETAINED DIRECT EU LEGISLATION CONCERNING PLANT HEALTH
AND PLANT PROTECTION AMENDED 217
SCHEDULE 12 227
RETAINED DIRECT EU LEGISLATION CONCERNING RESIDUES
AMENDED 227
SCHEDULE 13 236
RETAINED DIRECT EU LEGISLATION CONCERNING ZOOTECHNICAL
AMENDED 236
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 Regulation 1
c SD No.2019/0212 Page 3
Statutory Document No. 2019/0212
c European Union and Trade Act 2019
EUROPEAN UNION AND TRADE ACT 2019
(DEFICIENCIES) (DEFA) (NO. 5) REGULATIONS 2019
Approved by Tynwald:
Coming into Operation in accordance with regulation 2
The Council of Ministers makes the following Regulations under section 12 of, and
paragraph 7 of Schedule 4 to, the European Union and Trade Act 2019.
The Council of Ministers is of the opinion that, by reason of urgency, it is necessary to
make these Regulations subject to the Tynwald procedure set out in section 31 of the
Legislation Act 2015 (“affirmative”) instead of the “approval required” Tynwald
procedure applied by virtue of sections 7(1) and 12(1) of the European Union and
Trade Act 2019.
1 Title
These Regulations are the European Union and Trade Act 2019 (Deficiencies)
(DEFA) (No. 5) Regulations 2019.
2 Commencement
These Regulations come into operation on exit day1.
3 Interpretation
In these Regulations, “retention regulations” means the European Union and
Trade Act 2019 (Retained Direct EU Legislation) (DEFA and OFT) Regulations
20192.
1 Paragraph 7 of Schedule 4 to the European Union and Trade Act 2019 provides that if a
statutory document contains a declaration that the Council of Ministers is of the opinion that, by
reason of urgency, it is necessary to make the statutory document subject to the Tynwald
procedure set out in section 31 of the Legislation Act 2015 (“affirmative”), that procedure
applies to the statutory document instead of the “approval required” Tynwald procedure
applied by virtue of any provision of the European Union and Trade Act 2019. 2 SD 2019/0037.
Regulation 4 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 4 SD No.2019/0212 c
4 Application of regulation 4 (interpretation of prescribed EU
regulations, EU decisions and EU tertiary legislation) of the retention
regulations
Regulation 4 (interpretation of prescribed EU regulations, EU decisions and EU
tertiary legislation) of the retention regulations does not apply to the provisions
of the retained direct EU legislation that are amended, substituted or inserted by
these Regulations.
5 Retained direct EU legislation amended
The retained direct EU legislation prescribed in —
(a) Part 1 (agricultural trade) of the Schedule to the retention
regulations is amended in accordance with Schedule 1 to these
Regulations;
(b) Part 2 (animal diseases) of the Schedule to the retention
regulations is amended in accordance with Schedule 2 to these
Regulations;
(c) Part 3 (animal by-products and animal slaughter) of the Schedule
to the retention regulations is amended in accordance with
Schedule 3 to these Regulations;
(d) Part 5 (animal movements and animal welfare) of the Schedule to
the retention regulations is amended in accordance with Schedule
4 to these Regulations;
(e) Part 6 (aquaculture) of the Schedule to the retention regulations is
amended in accordance with Schedule 5 to these Regulations;
(f) Part 7 (dairy products) of the Schedule to the retention regulations
is amended in accordance with Schedule 6 to these Regulations;
(g) Part 8 (fisheries) of the Schedule to the retention regulations is
amended in accordance with Schedule 7 to these Regulations;
(h) Part 9 (food labelling) of the Schedule to the retention regulations
is amended in accordance with Schedule 8 to these Regulations;
(i) Part 10 (food safety) of the Schedule to the retention regulations is
amended in accordance with Schedule 9 to these Regulations;
(j) Part 12 (importation of products from third countries) of the
Schedule to the retention regulations is amended in accordance
with Schedule 10 to these Regulations;
(k) Part 13 (plant health and plant protection) of the Schedule to the
retention regulations is amended in accordance with Schedule 11
to these Regulations;
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 Regulation 6
c SD No.2019/0212 Page 5
(l) Part 15 (residues) of the Schedule to the retention regulations is
amended in accordance with Schedule 12 to these Regulations;
and
(m) Part 17 (zootechnical) of the Schedule to the retention regulations
is amended in accordance with Schedule 13 to these Regulations.
6 Construction
To avoid doubt, any retained EU law is to be construed and have effect subject
to these Regulations.
MADE 11 APRIL 2019
W GREENHOW
Chief Secretary
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 1
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SCHEDULE 1
[Regulation 5(a)]
RETAINED DIRECT EU LEGISLATION CONCERNING AGRICULTURAL
TRADE AMENDED
PART 1
AGRICULTURAL MARKETS REGULATIONS
1 Commission Implementing Regulation (EU) No 543/2011
(1) Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011
laying down detailed rules for the application of Council Regulation (EC)
No 1234/2007 in respect of the fruit and vegetables and processed fruit
and vegetables sectors3 is amended as follows.
(2) In Article 1(1) —
(a) for “Regulation 1234/2007”, in the first place it occurs, substitute
«Regulation (EU) No 1308/2013»; and
(b) for “Article 1(1)(i) of Regulation (EC) No 1234/2007” substitute
«Article 1(2)(i) of Regulation (EU) No 1308/2013».
(3) In Article 1(2,) for “Regulation (EC) No 1234/2007” substitute
«Regulation (EU) No 1308/2013».
(4) After Article 1(2) insert —
«3. In this Regulation, ‘third country’ means any country or territory
other than:
(a) the Isle of Man;
(b) the Bailiwick of Jersey;
(c) the Bailiwick of Guernsey;
(d) the United Kingdom.».
«4. For the purposes of this Regulation, ‘appropriate authority’ means
the Department of Environment, Food and Agriculture.».
(5) In Article 3(1), for “Article 113a(1) of Regulation (EC) No 1234/2007”
substitute «Article 76(1) of Regulation (EU) No 1308/2013».
(6) In Article 3(2), for “Article 113(1)(b) of Regulation (EC) No 1234/2007”
substitute «Article 75(1)(b) of Regulation (EU) No 1308/2013».
3 Paragraph 1(3) of the Schedule to the retention regulations.
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(7) In Article 3(3), for “Article 113a(3) of Regulation (EC) No 1234/2007”
substitute «Article 76(3) of Regulation (EU) No 1308/2013».
(8) In Article 4, for “Article 113a(3) of Regulation (EC) No 1234/2007”, in
each place it occurs, substitute «Article 76(3) of Regulation (EU) No
1308/2013».
(9) In Article 4(1) —
(a) in point (c) —
(i) for “taken” substitute «issued before exit day»;
(ii) for the words from “a Member State” to “Regulation (EC)
No 1234/2007” substitute «the United Kingdom or a
member State»; and
(iii) for “that Member State” insert «the requesting country»;
and
(b) in point (e) for “Article 1(1)(i) and Part IX of Annex I to
Regulation (EC) No 1234/2007” substitute «Article 1(2)(i) and
Part IX of Annex I to Regulation (EU) No 1308/2013».
(10) In Article 4(3), for “Member States may exempt” substitute «nothing in
this Regulation prevents the appropriate authority from exempting».
(11) In Article 4(4) —
(a) for “Member States may exempt” substitute «nothing in this
Regulation prevents the appropriate authority from exempting»;
and
(b) for “Member States”, in the second place it occurs, substitute
«the appropriate authority».
(12) In Article 4(7), omit “of the Member State”.
(13) In Article 5(3), for “Article 2(1) of Directive 97/7/EC of the European
Parliament and of the Council” substitute «Article 2(7) of Directive
2011/83/EU of the European Parliament and of the Council4».
(14) In Article 6(2) —
(a) for “pre-packaged” substitute «prepacked»; and
(b) for “Directive 2000/13/EC of the European Parliament and of the
Council” substitute «Article 2(2)(e) of Regulation (EU) No
1169/2011».
(15) In Article 7(2), for “Article 1(1)(i) of Regulation (EC) No 1234/2007”
substitute «Article 1(2)(i) of Regulation (EU) No 1308/2013 of the
European Parliament and of the Council».
4 OJ No L 304 22.11.2011, p.64, as last amended by Directive (EU) 2015/2302 of the European
Parliament and of the Council (OJ No L 326 11.12.2015, p.1).
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(16) In Article 7(3) —
(a) omit “Member State or third”;
(b) omit point (a);
(c) in point (b) for “non-EU” substitute «non-UK»; and
(d) in point (c) —
(i) for “EU” substitute «UK»; and
(ii) for “non-EU” substitute «non-UK».
(17) After Article 7(3) insert —
«4. By way of derogation from paragraph 3, packages of fruit and
vegetables in a mix originating in more than one country:
(a) may remain on the market until stocks are exhausted if they were
placed on the market before exit day and are labelled in accordance with
paragraph 3, as it had effect immediately before exit day;
(b) may be placed on the market until 31 December 2020, and may
remain on the market until stocks are exhausted, if:
(i) the mix does not contain any fruit or vegetables originating in the
Island or the United Kingdom, and the package is labelled in accordance
with paragraph 3, as it had effect immediately before exit day, or
(ii) the mix contains fruit and vegetables originating in the Island or the
United Kingdom and:
(aa) does not contain any fruit or vegetables originating in the EU, and
the package is labelled in accordance with paragraph 3(b), as it had
effect immediately before exit day, or
(bb) also contains fruit and vegetables originating in the EU (whether or
not it also contains fruit and vegetables from any other country), and the
package is labelled in accordance with paragraph 3(c), as it had effect
immediately before exit day.».
(18) In Article 8, for “Articles 113 and 113a of Regulation (EC) No 1234/2007”
substitute «Articles 75 and 76 of Regulation (EU) No 1308/2013».
(19) In Article 9(1) —
(a) omit the words before point (a);
(b) in point (a) —
(i) at the beginning insert «The appropriate authority shall
designate»; and
(ii) after “competent authority” insert «for the Island»;
(c) in point (b), at the beginning insert «The appropriate authority
shall designate»;
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(d) for “Member States” substitute «the appropriate authority»;
and
(e) at the end insert —
«Nothing in this Regulation affects the validity of any
designation of a coordinating authority or inspection body made
before exit day.».
(20) Omit Article 9(2).
(21) In Article 9(4) —
(a) for “Commission” substitute «appropriate authority»;
(b) for “list of the coordinating authorities” substitute «name of the
coordinating authority»;
(c) for “Member States” substitute «appropriate authority»; and
(d) for “it” substitute «the appropriate authority».
(22) In Article 10(1) —
(a) for “Member States”, in the first place it occurs, substitute «The
appropriate authority»;
(b) for “Article 113 of Regulation (EC) No 1234/2007” substitute
«Article 75 of Regulation (EU) No 1308/2013»; and
(c) for “Member States”, in the second place it occurs, substitute
«the appropriate authority».
(23) In Article 10(2), in the second paragraph, in point (c) —
(a) for “Union” substitute «Island»;
(b) for “to third countries” substitute «from the Island»; and
(c) for “from third countries” substitute «into the Island».
(24) In Article 10(3), for “Member States” substitute «The appropriate
authority».
(25) In Article 10(4) for “coordinating” substitute «appropriate».
(26) In Article 10(6) —
(a) for “Member States consider”, in the first place it occurs,
substitute «the appropriate authority considers»;
(b) for “Member States”, in the second place it occurs, substitute
«The appropriate authority»; and
(c) for “their” substitute «its».
(27) In the heading of Section 2 omit “carried out by the Member States”.
(28) In Article 11(1) —
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(a) in the first subparagraph —
(i) for “Member States” substitute «The appropriate
authority»; and
(ii) for “Articles 113 and 113a of Regulation (EC) No
1234/2007” substitute «Articles 75 and 76 of Regulation
(EU) No 1308/2013»; and
(b) in the third subparagraph, in point (e), for “Union” substitute
«Island».
(29) In Article 11(2), for “Member States”, in both places it occurs, substitute
«The appropriate authority».
(30) In Article 11(3) for “Member States” substitute «the appropriate
authority».
(31) In Article 12(1) for “Member States” substitute «The appropriate
authority».
(32) In Article 12(3)(a) for “Member States” substitute «appropriate
authority».
(33) In Article 12(4) for “Member State” substitute «appropriate authority».
(34) In Article 12(5) —
(a) omit the first subparagraph; and
(b) for “22 June 2011” substitute «exit day».
(35) In Article 13(1), for “the Member State may carry” substitute «that may
be carried».
(36) In Article 13(2), for “Member State concerned” substitute «appropriate
authority».
(37) In Article 14 —
(a) in paragraph 1 —
(i) for “Union”, in each place it occurs, substitute «Island»;
(ii) for “Commission” substitute «appropriate authority»;
and
(iii) for “it” substitute «the appropriate authority»;
(b) omit paragraphs 4 and 6; and
(c) after paragraph 6 insert —
«7. Notwithstanding paragraph 1, until 29 March 2021,
competent authorities in third countries may continue to use
certificates which conform to Article 14(1) of Commission
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Implementing Regulation (EU) No 543/20115, as it has effect in EU
law as amended from time to time.
8. If at any time until 29 March 2021 the appropriate authority
considers that the marketing standards that apply in the EU to
any products to which this Title applies are not at least equivalent
to the marketing standards that apply in the Island for like
products:
(a) the appropriate authority must publish a statement to that
effect, and
(b) paragraph 7 shall not apply in relation to the products set out
in such statement.».
(38) In Article 15 —
(a) in the heading for “Union” substitute «Island»;
(b) in paragraph 1 —
(i) for “Commission” substitute «appropriate authority»;
(ii) for the words from “may, in accordance” to “approve”
substitute «may make regulations approving»; and
(iii) for “Union” substitute “«Island»;
(c) in paragraph 2, for “Union”, in each place it occurs, substitute
«Island»; and
(d) in paragraph 4 —
(i) for “Commission” substitute «appropriate authority»;
and
(ii) at the end insert «Whenever the appropriate authority
makes regulations under paragraph 1, those regulations
must include provision amending Annex IV to include the
third country or countries where conformity checks have
been approved under paragraph 1 and the products
concerned.».
(39) In Article 16, for “Commission” substitute «appropriate authority».
(40) In Article 17(1) for “Member States” substitute «The appropriate
authority».
(41) In Article 17(3) —
(a) omit the third subparagraph; and
(b) in the fifth subparagraph, for “Member States” substitute «the
appropriate authority».
5 OJ L 157, 15.6.2011, p.1, as last amended by Commission Implementing Regulation (EU) No
2017/1185 (OJ L 171, 4.7.2017, p.113).
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(42) In Article 18 —
(a) omit paragraph 1;
(b) in paragraph 2 —
(i) for “A Member State where” substitute «Where»;
(ii) after “from a third country” insert «listed in Annex IV»;
(iii) after “marketing standards” insert «, the appropriate
authority»; and
(iv) omit “the Commission, the Member States likely to be
concerned and”; and
(c) omit paragraphs 3 to 5.
(43) Before Article 149 insert —
«Article A149
Regulations
2. Regulations made by the appropriate authority under these
Regulations may contain —
(a) consequential, incidental, supplementary, transitional or
saving provision (including provision amending, repealing or
revoking enactments);
(b) provisions amending, repealing or revoking statutory
documents and retained direct EU legislation; or
(c) a combination of (a) and (b).
3. Tynwald procedure —
(a) for paragraph 1(a) – negative;
(b) for paragraph 1(b) or 1(c) – approval required.».
(44) In Article 149 omit the second paragraph.
(45) Omit Article 150.
(46) After Article 151 omit “This Regulation shall be binding in its entirety
and directly applicable in all Member States.”.
(47) In Annex I —
(a) in Part A —
(i) in point 4(A), in the second indent, for “Union” substitute
«Island or the United Kingdom (or, until 31 December
2020, within the Island, the United Kingdom or the EU)»;
and
(ii) in point 4(B) —
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(A) for “a Member State” substitute «the Island»; and
(B) for “the language of the country of origin”
substitute «English»;
(b) in Part B, for “Union”, in each place it occurs, substitute «Island
or the United Kingdom (or, until 31 December 2020, within the
Island, the United Kingdom or the EU)»; and
(c) in footnotes 14 and 15 for “European Union provision” substitute
«legislation».
(48) In the specimen label in Annex II —
(a) omit the European Union emblem;
(b) omit “European Union”; and
(c) for “Member State” substitute «Isle of Man or IM».
(49) In Annex III, for “European Union”, in each place it occurs (including the
heading), substitute «Isle of Man».
(50) In footnote 1 to Annex IV, for “The Commission’s approval” substitute
«Approval».
(51) In Annex V —
(a) in paragraph 2.3 for “Council Directive 89/396/EEC” substitute
«Directive 2011/91/EU of the European Parliament and of the
Council6»; and
(b) in paragraph 2.5 —
(i) for “pre-packed foodstuff” substitute «prepacked food»;
and
(ii) for “European Parliament and Council Directive
2000/13/EC” substitute «Article 2(2)(e) of Regulation (EU)
No 1169/2011».
(52) Omit Annexes Va and Vb.
(53) Omit Annex XX.
2 Regulation (EU) No 1308/2013 amended
(1) Regulation (EU) No 1308/2013 of the European Parliament and of the
Council of 17 December 2013 establishing a common organisation of the
markets in agricultural products and repealing Council Regulations
(EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No
1234/20077 is amended as follows.
6 OJ L 334, 16.12.2011, p. 1. 7 Paragraph 1(5) of the Schedule to the retention regulations.
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(2) In Article 1(1), for “Union legislative acts” substitute «retained EU
law».
(3) In Article 3 —
(a) omit paragraph 2;
(b) in paragraph 4, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations»; and
(c) in paragraph 5, after point (b) insert —
«(c) ‘appropriate authority’ means the Department of
Environment, Food and Agriculture; and
(d) a reference to another country or other countries is to be read
as including the British Overseas Territories.».
(4) Omit Article 7.
(5) In Article 8, in point (a) —
(a) for “competent authorities of the Member State” substitute
«appropriate authority»; and
(b) for “them” substitute “it”.
(6) In Article 9, for “Union”, in each place it occurs, substitute «Island».
(7) In Article 10 —
(a) in the heading, omit “Union”;
(b) in the first subparagraph, omit “Union”; and
(c) in the second subparagraph —
(i) for “Member States” substitute «the appropriate
authority»; and
(ii) omit “Union”.
(8) In Article 11 —
(a) for the words from “that” to “Article 20” substitute «prescribed
in legislation made pursuant to Articles 19 or 20»; and
(b) in points (d) and (e), for “Union” substitute «Island».
(9) For Articles 13 and 14 substitute —
«Article 13
Public intervention
1. The appropriate authority must buy in common wheat, butter and
skimmed milk powder during the periods referred to in Article 12 in
respect of those products.
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2. Subject to paragraphs 3 and 4, the appropriate authority may buy in
any other products listed in Article 12 under public intervention during
the periods referred to in respect of those products.
3. In the case of durum wheat, barley, maize and paddy rice (including
specific varieties or types of paddy rice), the appropriate authority may
only buy in products if the market situation so requires.
4. In the case of beef and veal, the appropriate authority may only buy
in products if, over the representative period determined pursuant to
point (c) of the first paragraph of Article 20, the average market price in
the Island, recorded on the basis of the scale for classification of
carcasses of bovine animals referred to in point A of Annex IV, is below
85% of the reference threshold laid down in point (d) of Article 7(1).
5. The appropriate authority may close the tendering procedure for the
beef and veal sector where, over the representative period determined
pursuant to point (c) of the first paragraph of Article 20, the conditions
provided for in paragraph 4 of this Article are no longer fulfilled.
Article 14
Buying-in at a fixed price or tendering
The appropriate authority may make regulations laying down measures
on:
(a) fixing buying-in prices for the products referred to in Article 11; and
(b) quantitative limitations where buying-in is carried out at a fixed
price.».
(10) For Article 15(2) substitute —
«2. The appropriate authority may make regulations fixing the level of
the public intervention price, including the amounts of increases and
reductions.».
(11) In Article 16 —
(a) in paragraph 1, in point (c), for the words from “concluded” to
“TFEU” substitute «to which the Island is a party»;
(b) omit paragraph 2; and
(c) in paragraph 3, for “Commission” substitute «appropriate
authority».
(12) In Article 17, for the words from “to be” to “Article 20” substitute
«prescribed in legislation made pursuant to Articles 18, 19 or 20».
(13) In Article 19 —
(a) in paragraph 1, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations»;
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(b) in paragraph 2, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations»;
(c) in paragraph 3 —
(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»; and
(ii) omit point (b);
(d) in paragraph 4, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations»;
(e) in paragraph 5 —
(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»; and
(ii) in point (b), omit “Member States and”; and
(f) in paragraph 6 —
(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»;
(ii) in point (a), omit “Union”;
(iii) in point (b), for “Union prices”, substitute «prices in the
Island»;
(iv) in point (c), for “which may be granted by Member States”
substitute «applying»; and
(v) for point (d) substitute —
«(d) providing for the grading scale for classification of
pig carcasses not to apply, providing for derogations from
the scale, or providing for assessment criteria to be used in
addition to weight and estimated lean-meat content.».
(14) In Article 20 —
(a) for the words from “Commission” to “uniform” substitute
«appropriate authority may make regulations in relation to
the»;
(b) in point (h), for “territory of the Member State” substitute
«Island»;
(c) in point (i), omit the words from “, including”, in the first place it
occurs, to the end”;
(d) in point (j), for “Member States” substitute «the relevant
authority»;
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(e) in point (k), omit “of the Member State”;
(f) in point (o)(iii), omit the words from “ensuring” to the end;
(g) in point (p), omit “Union”;
(h) in point (r), omit “to be applied by Member States”;
(i) in point (s), for the words from “by” to “price” substitute «of the
weighted average price in the Island»;
(j) in point (t) —
(i) for the words from the beginning to “territory,” substitute
«provision»; and
(ii) in point (i), for “their territory” substitute «the Island»;
(k) omit point (u); and
(l) omit the second subparagraph.
(15) In Article 21 —
(a) for the words from “The Commission” to “classification”
substitute «By way of derogation from point C.III of Annex IV,
the appropriate authority may make regulations providing for the
following criteria for classification of lambs of less than 13kg
carcass weight»; and
(b) omit the second subparagraph.
(16) In Article 22, for “competent authorities of Member States” substitute
«relevant authority».
(17) In Article 23 —
(a) in paragraph 1, for “Union aid shall” substitute «Aid may»;
(b) in paragraph 3 —
(i) for the words from “Member” to “shall” substitute «The
relevant authority may»; and
(ii) for “national circumstances” substitute «circumstances in
the Island»;
(c) in paragraph 4, for “their territory, Member States” substitute
«the Island, the relevant authority»;
(d) in paragraph 5 —
(i) in the first subparagraph —
(A) for “Member States consider” substitute «the
relevant authority considers»; and
(B) for “they” substitute «it»; and
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(ii) in the second subparagraph, for “Union aid” substitute
«aid referred to in paragraph 1»;
(e) in paragraph 6, in the second subparagraph —
(A) for “any Member State” substitute «the relevant
authority»; and
(B) for the words from “obtaining” to “procedures”
substitute «consulting the public bodies
responsible for health and nutrition in the
constituent nation»;
(f) omit paragraph 7;
(g) in paragraph 8, in the first subparagraph, for the words from the
beginning to “level”, in the second place it occurs, substitute
«The relevant authority must ensure that there is a strategy in
place for the implementation of the scheme in the Island for any
period during which it intends to make payments under the
scheme. The strategy may cover a period of up to six years and
may be amended by the relevant authority at any time»;
(h) in paragraph 9 —
(i) for “Member States” substitute »The relevant authority»;
(ii) for “their strategies” substitute «its strategy»; and
(iii) for the second sentence substitute «In drawing up that
list, the relevant authority must consult, where
appropriate, the public bodies responsible for health and
nutrition in the Island.»;
(i) in paragraph 10, for “Member States” substitute «The relevant
authority»; and
(j) in paragraph 11 —
(i) in the first subparagraph —
(A) for “Member States”, in both places it occurs,
substitute «The relevant authority»; and
(B) for “Union” substitute «Island»; and
(ii) in the second subparagraph —
(A) for “Member States” substitute «The relevant
authority»; and
(B) for “their strategies” substitute «its strategy».
(18) In Article 23a —
(a) in the heading, for “Financing” substitute «Publicity»;
(b) omit paragraphs 1 to 7; and
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(c) in paragraph 8 —
(i) for the first sentence substitute «During any period that
the relevant authority is making payments under the
school scheme in accordance with Article 23, the relevant
authority must publicise the school scheme, at school
premises or other relevant places.»;
(ii) for “Member States”, in the second and third places it
occurs, substitute «The relevant authority»; and
(iii) omit “Union” in the second place it occurs.
(19) In Article 24 —
(a) in paragraph 1 —
(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»; and
(ii) in point (b), omit “by Member States”;
(b) for paragraph 2 substitute —
«2. In order to ensure proper management of public funds and to
facilitate the implementation of the school scheme, the
appropriate authority may make regulations laying down:
(a) costs and measures eligible for funding;
(b) provisions for monitoring and evaluating the effectiveness of
the school scheme.»;
(c) in paragraph 3 —
(i) for the words from “Commission”, in the first place it
occurs, to “Article 227”, in the first place it occurs,
substitute «appropriate authority may make
regulations»;
(ii) for the words from “Commission”, in the second place it
occurs, to “Article 227”, in the second place it occurs,
substitute «appropriate authority may make
regulations»; and
(iii) omit “by Member States”;
(d) in paragraph 4, the words before point (a) —
(i) for the words from “and” to “scheme”, in the last place it
occurs, substitute «appropriate authority may make
regulations requiring the school scheme to be publicised»;
(e) in paragraph 5, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations»; and
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(f) omit paragraph 6.
(20) In Article 25 —
(a) for the words from “Commission” to “adopt” substitute
«appropriate authority may make regulations laying down»;
(b) in point (a), for “Member States’ strategies” substitute «the
strategy referred to in Article 23(8)»;
(c) for point (d) substitute —
«(d) the format and content of monitoring and evaluation
reports»;
(d) omit point (e); and
(e) omit the second subparagraph.
(21) Omit Articles 29 to 31.
(22) In Article 32 —
(a) in paragraph 1, in point (b) —
(i) omit “Union”;
(ii) after “assistance” insert «under Article 34»; and
(iii) for the words from “to be” to “Article 38” substitute
«specified in legislation made pursuant to Article 37 or
38»; and
(b) in paragraph 2, for “Member States” substitute “the relevant
authority”.
(23) In Article 33 —
(a) in paragraph 1 —
(i) in point (f), omit the words from “including” to the end;
and
(ii) in the second subparagraph, for “Member States for their
approval” substitute «relevant authority for its
approval»;
(b) in paragraph 2, in the second subparagraph, for “Member States”
substitute «relevant authority»;
(c) in paragraph 3 —
(i) omit point (a);
(ii) in point (d), omit “and financial contributions to replenish
mutual funds”;
(iii) omit points (e) to (g);
(iv) omit point(i); and
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(v) in the fifth subparagraph, omit “Union”;
(d) omit paragraph 4; and
(e) in paragraphs 5 and 6, for “Member States” substitute «The
relevant authority».
(24) In Article 34 —
(a) in the heading and in paragraphs 1 and 2, omit “Union”;
(b) in paragraph 3, omit points (a) and (g); and
(c) omit paragraph 4.
(25) For Article 35 substitute —
«Article 35
Additional financial assistance
1. The appropriate authority may make regulations allowing for the
payment to producer organisations of additional financial assistance in
regions where the degree of organisation of producers in the fruit and
vegetable sector is particularly low.
2. Regulations under paragraph 1 must provide for the additional
financial assistance payable to be:
(a) additional to the operational fund;
(b) no more than 80% of the financial contribution referred to in point
(a) of Article 32(1).».
(26) In Article 36 —
(a) in the heading, for “National framework and national” substitute
«Framework and»;
(b) in paragraph 1 —
(i) in the first subparagraph, for “Member States shall
establish a national framework” substitute «The relevant
authority must ensure that there is a framework in place»;
and
(ii) omit the second subparagraph;
(c) in paragraph 2 —
(i) in the first subparagraph, for the first sentence substitute
«The relevant authority must ensure that there is a
strategy in place for sustainable operational programmes
in the fruit and vegetable market.»; and
(ii) in the second subparagraph, omit “national” in both places
it occurs; and
(d) omit paragraph 3.
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(27) In Article 37 —
(a) for the words from “Commission” to “Article 227” substitute
«appropriate authority may make regulations»;
(b) in point (a)(ii), for “the additional requirements to be determined
by Member States” substitute «any additional requirements»;
(c) in point (c), omit “Union” in both places it occurs;
(d) in point (d) —
(i) in point (i), for “Member States” substitute «the relevant
authority»;
(ii) in point (ii), for “(a), (b), (c) and (i)” substitute “(b) and (c)”;
and
(iii) omit points (iii) to (vii), (x) and (xiii); and
(e) in point (e) —
(i) in the words before point (i), for “national” substitute
«additional»; and
(ii) omit point (iii).
(28) In Article 38 —
(a) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»;
(b) in point (b) —
(i) omit “national” in both places it occurs; and
(ii) for “Member States”, in both places it occurs, substitute
«the relevant authority»;
(c) in point (d), omit “national”;
(d) omit points (f) to (h);
(e) in point (i), for “training and coaching” substitute «and
training»;
(f) in point (j), omit the words from “withdrawal” to “and”;
(g) omit point (k); and
(h) omit the second subparagraph.
(29) Omit Articles 39 to 54.
(30) In Article 55 —
(a) in the heading, for “National programmes” substitute
«Programmes»;
(b) in paragraph 1 —
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(i) for “Member States” substitute «the appropriate
authority»; and
(ii) for “national programmes for the apiculture sector”
substitute «programmes for the apiculture sector»;
(c) omit paragraph 2;
(d) in paragraph 3 —
(i) for the words from the beginning to “shall” substitute
«Before drawing up a programme under paragraph 1, the
appropriate authority must»; and
(ii) for “their territory” substitute «the Island»; and
(e) in paragraph 4, in point (e), omit “in the Union”.
(31) In Article 56 —
(a) for paragraph 1 substitute —
«1. In order to ensure the efficient and effective use of aid for
apiculture, the appropriate authority may make regulations on
the avoidance of double funding between apiculture programmes
and rural development programmes.»; and
(b) in paragraph 2 —
(i) for “the Union” substitute «any»;
(ii) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»;
(iii) omit “Member States”;
(iv) omit “national”; and
(v) for “the delegated act” substitute «those provisions».
(32) For Article 57 substitute —
«Article 57
Regulations relating to apiculture
The appropriate authority may make regulations relating to the content
of apiculture programmes and the content of the studies under Article
55(3).».
(33) Omit Articles 58 to 72.
(34) In Article 65, omit “referred to in Article 95”.
(35) In Article 74, for “Union” substitute «Island».
(36) In Article 75 —
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(a) in paragraph 2, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations»; and
(b) in paragraph 6 —
(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»;
(ii) for “delegated acts”, in the second place it occurs,
substitute «regulations»; and
(iii) omit the words from “and shall” to the end.
(37) In Article 76 —
(a) in paragraph 3, for Union” substitute «Island»; and
(b) in paragraph 4, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations».
(38) In Article 77 —
(a) in paragraph 1, for “Union” substitute «Island».
(b) in paragraph 4, at the end insert the following subparagraphs —
«Products of the hops sector imported from the European Union
before 29 March 2021 may be marketed or exported if covered by
a certificate issued in accordance with Article 77 of Regulation
(EU) No 1308/2013, as it has effect in EU law as amended from
time to time, provided that the appropriate authority considers
that the quality standards adopted in EU law for any hops or hop
products are at least equivalent to the quality standards adopted
for like products harvested within the Island or made from such
products.
If, before 29 March 2021, the appropriate authority considers the
EU quality standards referred to in the third subparagraph are not
at least equivalent to the quality standards in the Island, the
appropriate authority must publish a statement to that effect.»;
and
(c) in paragraph 5, for the words from “Commission” to “from”
substitute «appropriate authority may make regulations making
exceptions to».
(39) In Article 78 —
(a) in paragraph 2, for “Union” substitute «Island»;
(b) in paragraph 3 —
(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»; and
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(ii) for “delegated acts”, in the second place it occurs,
substitute «regulations»;
(c) in paragraph 4 —
(i) omit “and Member States”; and
(ii) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»; and
(d) in paragraph 5, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations».
(40) In Article 79 —
(a) in paragraph 1, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations»;
(b) in paragraph 2 —
(i) for “adopting the acts referred to in” substitute «making
regulations under»; and
(ii) for “Commission” substitute «appropriate authority».
(41) In Article 80 —
(a) in paragraph 1, for “Union”, in both places it occurs, substitute
«Island»;
(b) in paragraph 2 —
(i) in the first subparagraph —
(A) for “Union”, in the first place it occurs, substitute
«Island»;
(B) omit point (a); and
(C) in point (b), omit “national”;
(ii) in the second subparagraph, for “Member States”
substitute «the appropriate authority»;
(c) in paragraph 3, for “Commission” substitute «appropriate
authority»;
(d) in paragraph 4 —
(i) for the words from “Commission” to Article 227”
substitute «appropriate authority may make
regulations»; and
(ii) omit “national”; and
(e) in paragraph 5 —
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(i) for “Commission shall, where necessary, adopt
implementing acts” substitute «appropriate authority
may make regulations»; and
(ii) omit the words from “in view” to the end.
(42) In Article 81 —
(a) in paragraph 1, for “Union” substitute «Island»;
(b) in paragraph 2 —
(i) omit the first subparagraph;
(ii) in the second subparagraph, for “classified by Member
States” substitute «planted, replanted or grafted for the
purposes of wine production»; and
(iii) omit the third subparagraph;
(c) for paragraph 3 substitute —
«3. If wine production in the Island exceeds 50,000 hectolitres per
wine year, calculated on the basis of the average production
during the last five wine years, the appropriate authority shall
classify which wine grape varieties meeting the conditions in
paragraph 2 may be planted, replanted or grafted in the Island for
the purposes of wine production.»; and
(d) for paragraph 4 substitute —
«4. By way of derogation from paragraphs 2 and 3, the planting,
replanting or grafting of wine grape varieties which do not
comply with those paragraphs is allowed for scientific research
and experimental purposes.».
(43) In Article 83 —
(a) in the heading, omit “National”;
(b) in paragraph 1 —
(i) for “Member States may adopt or maintain national”
substitute «nothing in this Regulation prevents the
appropriate authority from adopting or maintaining»;
and
(ii) omit the second subparagraph;
(c) in paragraph 2, for the words from the beginning to “territory”
substitute «Nothing in this Regulation prevents the appropriate
authority from limiting or prohibiting the use of certain
oenological practices or providing for more stringent rules for
wine production»;
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(d) in paragraph 3, for “Member States” substitute «The appropriate
authority»;
(e) for paragraph 4 substitute —
«4. In order to ensure the correct and transparent application of
this Article:
(a) the appropriate authority may make regulations laying down
the conditions for the application of paragraph 1 of this Article;
(b) the appropriate authority may make regulations laying down
the conditions for the application of paragraphs 2 and 3 of this
Article, as well as the conditions for the holding, circulation and
use of the products obtained from the experimental practices
referred to in paragraph 3 of this Article.». and
(f) omit paragraph 5.
(44) In Article 86, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations».
(45) In Article 87 —
(a) in paragraph 1 —
(i) in point (c), omit “in several Member States”;
(ii) in point (d), omit “Directive 2000/13/EC of the European
Parliament and of the Council or”; and
(iii) for “Commission” substitute «appropriate authority»;
and
(b) in paragraph 2, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations».
(46) In Article 88 —
(a) omit paragraph 2; and
(b) in paragraph 3, for the words from “Commission” to “Article 227”
substitute «appropriate authority may make regulations».
(47) In Article 90 —
(a) for “concluded in accordance with the TFEU”, in both places it
occurs, substitute «to which the Island is a party»;
(b) in paragraph 1, for “Union” substitute «Island»;
(c) in paragraph 2, omit “by the Union”;
(d) after paragraph 2 insert —
«2A. By way of derogation from paragraph 2, products referred
to in paragraph 1:
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(a) which are produced before exit day, or which are still in the
finishing process immediately before exit day, may be placed or
remain on the market until stocks are exhausted provided that
they are produced in accordance with oenological practices
authorised pursuant to this Regulation as it had effect
immediately before exit day;
(b) other than products falling within point (a), which are
imported into the Island on or before 31 December 2020, may be
produced in accordance with oenological practices authorised
pursuant to this Regulation as it had effect immediately before
exit day.»; and
(e) in paragraph 3 —
(i) for “Commission” substitute «appropriate authority»;
and
(ii) at the end insert —
«; or
(c) a certificate and an analysis report which comply with
points (a) and (b) as they had effect immediately before
exit day.».
(48) In Article 91 —
(a) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»;
(b) in point (a), omit the words from “on the basis” to the end; and
(c) omit the second subparagraph.
(49) In Article 93 —
(a) in paragraph 3 —
(i) for “third” substitute «other»; and
(ii) for “Union” substitute «Island»; and
(b) in paragraph 5, omit “Member State or third”.
(50) In Article 94, omit paragraphs 1 and 3.
(51) Omit Articles 95 to 100.
(52) In Article 101(1) —
(a) in the second subparagraph, omit “in the Union”;
(b) in the third subparagraph —
(i) in point (a), omit “in the Union”;
(ii) in point (b), omit “Union or national”.
(53) In Article 102 —
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(a) in paragraph 1, in point (a), after “Commission” insert «or
United Kingdom appropriate authority»;
(b) in paragraph 2 —
(i) for “territory of the Union” substitute «Island»;
(ii) for the words from “Directive” to the end substitute «the
Trade Marks Act 1994, as applied to the Island».
(54) In Article 103(3), for “Union” substitute «Island».
(55) For Article 104 substitute —
«Article 104
Register
The appropriate authority shall provide direction to an electronic
register of protected designations of origin and protected geographical
indications for wine.».
(56) Omit Articles 105 and 106.
(57) In Article 107 —
(a) for the heading substitute «Protection of established protected
designations of origin etc.»; and
(b) for paragraphs 1 to 4 substitute —
«1. The register that the appropriate authority provides direction
to (as provided for in Article 104 of this Regulation) must list the
names of established protected designations of origin, established
protected geographical indications, and established traditional
terms.
2. For the purposes of paragraph 1:
(a) ‘established protected designation of origin’ means a
designation of origin shown as a registered United Kingdom
designation of origin on the register maintained by the
Commission pursuant to Article 104 as it had effect immediately
before exit day, including a protection granted via the conclusion
of a bilateral trade agreement as that register stood immediately
before exit day;
(b) ‘established protected geographical indication’ means a
geographical indication shown as a United Kingdom registered
geographical indication on the register maintained by the
Commission pursuant to Article 104 as it had effect immediately
before exit day, including a protection granted via the conclusion
of a bilateral trade agreement as that register stood immediately
before exit day;
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(c) ‘established traditional term’ means a traditional term shown
as a United Kingdom registered traditional term on the register
maintained by the Commission pursuant to Article 104 as it had
effect immediately before exit day, including a protected
traditional term granted via the conclusion of a bilateral trade
agreement as that register stood immediately before exit day.».
(58) Omit Article 108.
(59) In Article 112 —
(a) omit “in Member States”; and
(b) in point (a), for “under Union or national law” substitute «and is
included in the register established under Article 104».
(60) In Article 113(3), for “Union” substitute «Island».
(61) In Article 118 —
(a) for the first paragraph substitute —
«Save as otherwise provided for in this Regulation, the Food
Labelling Regulations 20048, the Food Information Regulations
20149, the Weights and Measures (Intoxicating Liquor) Order
200110, the Weights and Measures (Foods) Order 200511, The Trade
Marks Act 1994 (as applied to the Island by the Trade Marks (Isle
of Man) Order 201312 and the Trade Marks (Isle of Man)
(Amendment) Order 201813) and Regulation (EU) No 1169/201114
apply to labelling and presentation.»; and
(b) in the second subparagraph, omit “Directive 2000/13/EC or”.
(62) In Article 119(1) —
(a) in paragraph 1, for “Union” substitute «Island»; and
(b) after paragraph 3 insert —
«4. By way of derogation, products referred to in paragraph 1:
(a) which are produced before exit day, or which are still in the
finishing process immediately before exit day, may be placed or
remain on the market until stocks are exhausted, provided that
the labelling and presentation of those products complies with
this Regulation as it had effect immediately before exit day;
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(b) other than those falling within point (a), which are imported
into the Island on or before 31 December 2020, may be marketed if
the labelling and presentation of those products complies with
this Regulation as it had effect immediately before exit day.».
(63) In Article 120 —
(a) in paragraph 1, in point (e), for “the Union symbol” substitute
«any symbol established by the appropriate authority under
Article 12 of Regulation (EU) No 1151/2012»; and
(b) for paragraph 2 substitute —
«2. In the case of wines without a protected designation or origin
or a protected geographical indication, the information referred to
in points (a) and (b) of paragraph 1 must be verified in accordance
with guidance issued by the appropriate authority.».
(64) In Article 121 —
(a) for “one or more official language of the Union”, in both places it
occurs, substitute «English, and may also appear in another
language»; and
(b) after paragraph 2, insert —
«3. Paragraph 1 does not apply to any products imported into
the Island prior to 31 December 2020 if they comply with the
requirements of this Article as it had effect immediately before
exit day.».
(65) Omit Article 124.
(66) In Article 125 —
(a) in paragraph 1, for “Union”, in both places it occurs, substitute
«Island»; and
(b) in paragraph 2, for the words from “authorities” to the end
substitute «authority».
(67) In Article 126 —
(a) in the first paragraph —
(i) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»; and
(ii) omit the second sentence; and
(b) in the third paragraph, for “Commission” substitute
«appropriate authority».
(68) Omit Articles 127 to 145.
(69) In Article 146 —
(a) in paragraph 1 —
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(i) for “Member States”, in both places it occurs, substitute
«the appropriate authority»; and
(ii) omit “Union”; and
(b) for paragraph 2 substitute —
«2. The appropriate authority shall publish the names and
addresses of the authorities and laboratories referred to in
paragraph 1 and shall update them periodically.».
(70) In Article 147 —
(a) in paragraph 1, for “Union” substitute «Island»;
(b) in paragraph 3, for the words from “Member States” to “Article
227” substitute «competent authorities, the appropriate authority
may make regulations»;
(c) in paragraph 4 —
(i) in the first subparagraph —
(A) in the words before point (a), for “Commission may
adopt implementing acts” substitute «appropriate
authority may make regulations»; and
(B) in point (b), omit “measures requiring Member
States to determine”; and
(ii) omit the second subparagraph.
(71) In Article 148 —
(a) in paragraph 1 —
(i) for “a Member State”, in both places it occurs, substitute
«the appropriate authority»; and
(ii) in the second subparagraph, for “it” substitute «the
appropriate authority»;
(b) in paragraph 1a, for “Member States do” substitute «the
appropriate authority does»;
(c) in paragraph 4 —
(i) for “a Member State”, in both places it occurs, substitute
«the appropriate authority»; and
(ii) for “it”, in both places it occurs, substitute «the
appropriate authority»; and
(d) omit paragraph 5.
(72) In Article 149 —
(a) in paragraph 2 —
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(i) in point (c) —
(A) omit point (i); and
(B) in points (ii) and (iii), for the words from “any” to
“that Member State” substitute «the Island does
not exceed 33% of total production in the Island»;
(ii) in point (d), for “Member States” substitute «the
appropriate authority»; and
(iii) in point (f), for the words from “competent” to “operates”
substitute «Office of Fair Trading»;
(b) omit paragraph 3;
(c) omit paragraph 5;
(d) in paragraph 6 —
(i) in the first subparagraph, for the words from
“competition” to “paragraph”, in the third place it occurs,
substitute «Office of Fair Trading»; and
(ii) omit the second subparagraph;
(e) in paragraph 7, omit point (a); and
(f) omit paragraph 8.
(73) Omit Article 150.
(74) In Article 151 —
(a) in the first paragraph, for “competent national authority”
substitute «appropriate authority»; and
(b) omit the third paragraph.
(75) In Article 152 —
(a) in paragraph 1, for “Member States” substitute «The appropriate
authority»;
(b) in paragraph 1a —
(i) in the first subparagraph, for “Article 101(1) TFEU”
substitute «section 8 of the Fair Trading Act 1996»;
(ii) in the second subparagraph, in point (a), omit from “,
thus” to the end; and
(iii) in the third subparagraph, for the words from “Member”
to “subparagraph”, substitute «nothing in this Regulation
prevents the appropriate authority from providing that the
condition set out in point (d) of the second subparagraph
does not apply»;
(c) in paragraph 1c —
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(i) in the first subparagraph, for the words from “national” to
“1/2003”, substitute «Office of Fair Trading»; and
(ii) omit the second and third subparagraphs; and
(d) in paragraph 2, for “Union support” substitute «public
funding».
(76) In Article 153, in paragraph 1, in point (b), for the words from “Member”
to “condition” substitute «nothing in this Regulation prevents the
appropriate authority from providing that this condition does not
apply».
(77) In Article 154 —
(a) in paragraph 1 —
(i) for “a Member State” substitute «the appropriate
authority»; and
(ii) in point (b), for the words from “to” to “concerned”
substitute «as laid down by the appropriate authority»;
(b) in paragraph 1a, for “Member States” substitute «The
appropriate authority»;
(c) for paragraph 2 substitute —
«2. A producer organisation is deemed to be recognised
pursuant to Article 152 if the appropriate authority made a
decision to deem such recognition prior to exit day.».
(d) omit paragraph 3; and
(e) in paragraph 4 —
(i) for “Member States” substitute «The appropriate
authority»;
(ii) in point (a), omit the words from “this” to the end; and
(iii) omit point (d).
(78) In Article 155 —
(a) for “Member States” substitute «The appropriate authority»;
and
(b) omit “by the Commission”.
(79) In Article 156 —
(a) in paragraph 1, in the first subparagraph, for “Member States”
substitute «The appropriate authority»; and
(b) in paragraph 2 —
(i) for “Member States” substitute «appropriate authority»;
and
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(ii) for “Member State concerned” substitute «appropriate
authority».
(80) In Article 157 —
(a) in paragraph 1 —
(i) for “Member States” substitute «The appropriate
authority»; and
(ii) in point (c)(v), omit “, compatible with Union rules,”;
(b) in paragraph 1a, for “Member States” substitute «The
appropriate authority»;
(c) omit paragraph 2; and
(d) in paragraph 3 —
(i) for “Member States” substitute «the appropriate
authority»; and
(ii) in point (c) —
(A) omit the words from “in” to “Union”; and
(B) in point (v), omit “compatible with Union rules”.
(81) In Article 158 —
(a) in paragraph 1 —
(i) for “Member States” substitute «The appropriate
authority»; and
(ii) in point (b), for “one or more regions of the territory
concerned” substitute «the Island»;
(b) omit paragraphs 2 to 4; and
(c) in paragraph 5 —
(i) for “Member States” substitute «the appropriate
authority»;
(ii) in point (a), omit the words from “this” to the end;
(iii) in point (c), for “the applicable penalties they have laid
down” substitute «any applicable penalties»; and
(iv) omit point (e).
(82) In Article 159, for “Member States” substitute “the Secretary of State”.
(83) In Article 161 —
(a) in paragraph 1 —
(i) for “Member States” substitute «The appropriate
authority»; and
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(ii) in point (b), for the words from “to” to “concerned”
substitute «as laid down by the appropriate authority»;
(b) omit paragraph 2; and
(c) in paragraph 3 —
(i) for “Member States” substitute «The appropriate
authority»;
(ii) in point (a), omit the words from “this” to the end; and
(iii) omit point (d).
(84) Omit Article 162.
(85) In Article 163 —
(a) in paragraph 1 —
(i) for “Member States” substitute «The appropriate
authority»;
(ii) in point (b), for “one or more regions in the territory
concerned” substitute «the Island»;
(b) omit paragraph 2; and
(c) in paragraph 3 —
(i) in the introductory words —
(A) for “Member States make” substitute «the
appropriate authority makes»; and
(B) for “they shall” substitute «it must»;
(ii) in point (a), omit from “this” to the end; and
(iii) omit point (e).
(86) Omit Articles 164 and 165.
(87) In Article 167 —
(a) in paragraph 1 —
(i) for the words from the beginning to “lay” substitute
«Nothing in this Regulation prevents the appropriate
authority from laying”;
(ii) At the end of the first subparagraph, insert «Any such
rules must be made with a view to improving and
stabilising the operation of the market in wines, including
the grapes, musts and wines from which they derive.»;
and
(iii) in point (d), omit “national and Union”; and
(b) omit paragraphs 2 and 3.
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(88) In Article 168 —
(a) in paragraph 1 —
(i) for “a Member State” substitute «the appropriate
authority»; and
(ii) for “its territory”, in both places it occurs, substitute «the
Island»;
(b) in paragraph 1a, for “Member States do” substitute «appropriate
authority does»;
(c) in paragraph 2 —
(i) in the first subparagraph —
(A) for “Member State” substitute «appropriate
authority»; and
(B) for “it” substitute «the appropriate authority»;
and
(ii) in the second subparagraph, for the words from the
beginning to “adopt” substitute «The appropriate
authority must ensure that any provisions made»;
(d) in paragraph 3, for “Member State” substitute “Secretary of
State”;
(e) in paragraph 6, in the second subparagraph —
(i) for “a Member State”, in both places it occurs, substitute
«the appropriate authority»;
(ii) for “it”, in both places it occurs, substitute «the
appropriate authority»; and
(iii) for “internal market”, in both places it occurs, substitute
«market in the Island»; and
(f) for paragraph 7 substitute —
«7. The appropriate authority must ensure that any provisions
made to implement the options referred to in this Article do not
impair the proper functioning of the market in the Island.».
(89) Omit Article 172.
(90) Omit Article 175.
(91) In Article 176 —
(a) in paragraph 1, for “Union” substitute «Island»;
(b) for paragraph 2 substitute —
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«2. Without prejudice to the application of Articles 177, 178 and
179 of this Regulation, the appropriate authority must issue
licences to any applicant established in the Island.»; and
(c) in paragraph 3, for “Union” substitute «Island».
(92) In Article 186 —
(a) in paragraph 1 —
(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»; and
(ii) for “third” substitute «other»; and
(b) in paragraph 2 —
(i) for “a third”, in both places it occurs, substitute
«another»; and
(ii) for the words from “concluded” to “States” substitute «to
which the Island is a party, the appropriate authority may
make regulations laying down the circumstances in which
the competent authority is required».
(93) In Article 187 —
(a) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»;
(b) in point (b) —
(i) omit “import or”; and
(ii) omit point (iii);
(c) omit points (e) and (f); and
(d) omit the last sentence.
(94) In Article 188 —
(a) in paragraph 1, for “Commission” substitute «appropriate
authority»; and
(b) in paragraph 3 —
(i) for “Member States” substitute «The appropriate
authority»; and
(ii) for “Commission” substitute «appropriate authority».
(95) In Article 190 —
(a) in paragraph 1 —
(i) for “third” substitute «other»; and
(ii) for “Union” substitute «Island»; and
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(b) in paragraph 2, ), at the end insert the following subparagraph —
«Products of the hops sector imported from the European Union
before 29 March 2021 shall be considered to be of the standard
referred to in paragraph 1 if they are accompanied by a certificate
issued in accordance with Article 77 of Regulation (EU) No
1308/201315 as it has effect in EU law, as amended from time to
time, provided that the appropriate authority has not published a
statement under Article 77(4) in respect of those products.».
(96) Omit Articles 192 and 193.
(97) In Article 196(1) —
(a) for “concluded in accordance with the TFEU” substitute «to
which the Island is a party»;
(b) for “Union” substitute «Island»; and
(c) in point (b) for “Council Regulation (EC) No 1216/2009” substitute
«Regulation (EU) No 510/2014».
(98) In Article 197, in point (a), for “Union” substitute «Island».
(99) In Article 198(1) —
(a) for “Union” substitute «of the Island»; and
(b) for the words from “concluded” to “TFEU” substitute «to which
the Island is a party».
(100) In Article 199(3), for point (a) substitute —
«(a) the products have been exported from the Island in accordance
with the applicable export provisions, as construed in accordance with
section 35(2) of the Taxation (Cross-border) Trade Act 2018, as it has
effect in the Island16;».
(101) In Article 200, for “Union” substitute «retained EU».
(102) In Article 201, for “concluded in accordance with the TFEU” substitute
«to which the Island is a party».
(103) In Article 206 —
(a) in the heading, omit “Commission guidelines on”;
(b) for the first paragraph substitute —
«Save as otherwise provided in this Regulation and subject, in
particular, to Articles 207 to 210 of this Regulation, the Fair
Trading Act 1996 shall apply to all agreements, decisions and
15 OJ L 347, 20.12.2013, p.671, as last amended by Regulation (EU) No 2017/2393 of the European
Parliament and of the Council (OJ L 350, 29.12.2017, p.15). 16 The Taxation (Cross-border Trade) Act 2018, as applied in the Island by SD 2019/0080.
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practices referred to in Part 2 of that Act which relate to the
production of, or trade in, agricultural products.»; and
(c) omit the second and third paragraphs.
(104) In Article 209 —
(a) in the heading, for “of the CAP” substitute «set out in Article 39
TFEU»;
(b) in paragraph 1, in the first and second subparagraphs, for “Article
101(1) TFEU” substitute «Part 2 of the Fair Trading Act 1996»;
and
(c) in paragraph 2 —
(i) in the second subparagraph, for “Commission” substitute
«Office of Fair Trading»;
(ii) in the third subparagraph —
(A) for “Commission”, in both places it occurs,
substitute «Office of Fair Trading»; and
(B) omit the words from “, at its” to “State,”; and
(iii) in the fourth subparagraph —
(A) omit “national or Union”;
(B) for “Article 101 TFEU” substitute «part 2 of the
Fair Trading Act 1996»; and
(C) for “Article 101(1) TFEU” substitute «part 2 of the
Fair Trading Act 1996».
(105) In Article 210 —
(a) in paragraph 1, for “Article 101(1) TFEU” substitute «Part 2 of
the Fair Trading Act 1996»;
(b) in paragraph 2 —
(i) in point (a), for “Commission” substitute «Office of Fair
Trading»;
(ii) in point (b) —
(A) for “Commission” substitute «Office of Fair
Trading»; and
(B) for “Union rules” substitute «any applicable
legislation»; and
(iii) in the second subparagraph —
(A) for “Commission” substitute «Office of Fair
Trading»;
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(B) for “Union rules” substitute «any applicable
legislation»; and
(C) omit the words from “without” to the end;
(c) in paragraph 4 —
(i) in the introductory words, for “Union rules” substitute
«any applicable legislation»;
(ii) in point (a), for “Union” substitute «Island»; and
(iii) in point (c), for “of the CAP” substitute «set out in Article
39 TFEU which are»;
(d) in paragraph 5 —
(i) in the first subparagraph —
(A) for “Commission” substitute «Office of Fair
Trading»;
(B) omit from “, without” to “(3),”; and
(C) for “Article 101(1) TFEU” substitute «part 2 of the
Fair Trading Act 1996»;
(ii) in the second subparagraph, for “That Commission
decision” substitute «That decision of the Office of Fair
Trading»;
(e) in paragraph 6 —
(i) for “Commission” substitute «Office of Fair Trading»;
and
(ii) omit from “, on” to “State,”; and
(f) omit paragraph 7.
(106) In Article 211 —
(a) in paragraphs 1 and 2, for “Articles 107 to 109” substitute
«Articles 107(1), (2) and (3) and Article 108(3)»;
(b) in paragraph 2 —
(i) omit “by Member States”;
(ii) in point (a), for the words from “which” to “Union”
substitute «, with the exception of payments made under
Article 35»; and
(iii) omit point (b); and
(c) after paragraph 2 insert —
«3. In this Article —
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(a) a reference to Article 107(1) or 108(3) of TFEU is a reference to
that Article as it has effect in domestic law by virtue of section 8 of
the European Union and Trade Act 2019 and regulation 3(1) and
(2) of the state aid regulations;
(b) a reference to Article 107(2) or (3) of TFEU is to be read in
accordance with regulation 3(3)(b) of the state aid regulations;
(c) “the state aid regulations” means the State Aid (EU Exit)
Regulations 2019.».
(107) Omit Articles 212 to 214a.
(108) In Article 215 —
(a) in the heading, omit “National”;
(b) for “Member States” substitute «The relevant authority»; and
(c) omit “national”.
(109) Omit Article 216.
(110) In Article 217 —
(a) in the heading, omit “National”;
(b) for “Member States”, in each place it occurs, substitute «The
relevant authority»; and
(c) omit “national”.
(111) In Article 218 —
(a) in the heading, omit “National”;
(b) in paragraph 1 —
(i) for “Member States” substitute «The relevant authority»;
and
(ii) omit “national”;
(c) for paragraph 2 substitute —
«2. The appropriate authority may not make payments under
paragraph 1 in respect of more than 100 hectares per year.»;
(d) in paragraph 3 —
(i) for “Member States” substitute «The relevant authority»;
and
(ii) omit “national”.
(112) In Article 219 —
(a) in paragraph 1 —
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(i) for the words from “Commission” to “Article 227”
substitute «appropriate authority may make
regulations»;
(ii) omit “concluded in accordance with the TFEU”; and
(iii) omit the second and third subparagraphs;
(b) in paragraph 2, for the second subparagraph substitute —
«However, the appropriate authority may make regulations
applying the measures referred to in paragraph 1 to one or more
of the products listed in Section 2 of Part XXIV of Annex I.»; and
(c) for paragraph 3 substitute —
«3. The appropriate authority may make regulations laying
down necessary procedural rules and technical criteria for the
application of measures referred to in paragraph 1 of this
Article.».
(113) In Article 220 —
(a) in paragraph 1 —
(i) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»;
(ii) for “intra-Union and third-country” substitute «trade
within the Island and international»; and
(iii) omit the second subparagraph;
(b) in paragraph 2, in the third subparagraph, for the words from
“Commission” to “Article 228” substitute «appropriate authority
may make regulations»;
(c) omit paragraph 3;
(d) in paragraph 4, for the words from “the Member” to “quickly”
substitute «health and veterinary measures have been taken»;
and
(e) omit paragraphs 5 and 6.
(114) In Article 221 —
(a) in paragraph 1 —
(i) for “Commission shall adopt implementing acts”
substitute «appropriate authority may make
regulations»; and
(ii) omit the last sentence;
(b) in paragraph 2 —
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(i) for “To” substitute «The appropriate authority may make
regulations to»; and
(ii) omit the words from “, the Commission” to the end;
(c) in paragraph 3 —
(i) for “Commission shall adopt measures” substitute
«appropriate authority may make regulations»; and
(ii) omit “or 2”;
(d) for paragraph 4 substitute —
«4. Regulations made under paragraph 1 or 2 may remain in
force for a period not exceeding 12 months.
If it appears to the appropriate authority that the specific
problems which led to the making of the regulations under
paragraph 1 or 2 will persist beyond the period for which they are
in force, the appropriate authority may make further regulations
to address the problems. Such regulations may only remain in
force for a period not exceeding 12 months.
The power to make further regulations under the second
subparagraph may not be exercised more than twice.»; and
(e) omit paragraph 5.
(115) In Article 222 —
(a) in paragraph 1 —
(i) for the words from “Commission” to “TFEU” substitute
«appropriate authority may make regulations to the effect
that part 2 of the Fair Trading Act 1996»;
(ii) for “the internal market” substitute «trade within the
Island»;
(iii) in point (f), for “Union”, in both places it occurs, substitute
«Island»; and
(iv) for the second and third subparagraph substitute —
«Regulations made under this paragraph must specify the
substantive and geographic scope of the derogation and
the period for which the derogation applies.»; and
(b) in paragraph 3 —
(i) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»; and
(ii) omit the last sentence.
(116) In Article 224 —
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(a) for paragraph 1 substitute —
«1. Personal data collected for the purposes set out in Article
223(1) must not be processed in a way which is incompatible with
those purposes.»;
(b) in paragraph 3 —
(i) for “Directive 95/46/EC and Regulation (EC) No 45/2001”,
substitute «the GDPR and LED Implementing
Regulations 201817 and the Data Protection Act 2018»; and
(ii) for the words from “the minimum” to the end, substitute
«any statutory minimum retention periods»; and
(c) in paragraph 4 —
(i) for “Member States” substitute «The relevant authority»;
(ii) for “by national and Union bodies”, substitute «by Isle of
Man bodies»; and
(iii) for the words from “Directive” to the end, substitute «the
GDPR and LED Implementing Regulations 2018 and the
Data Protection Act 2018».
(117) In Article 225 —
(a) in the heading, for “Commission” substitute «appropriate
authority»;
(b) for the words from “Commission” to “Council”, substitute
«appropriate authority may publish a report»;
(c) in point (a), for “and for the first time by 21 December 2016”
substitute «on»; and
(d) omit points (b), (c), (d) and (f).
(118) Omit Article 226.
(119) In the heading of Part 6, for “Delegations of power, implementing
provisions” substitute «Regulations».
(120) For the heading of Part 6, Chapter 1 substitute «Regulations».
(121) Omit Article 226.
(122) For Article 227 substitute —
«Article 227
Regulations
1. Regulations made by the Department under these Regulations may
contain —
17 2018/0145
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(a) consequential, incidental, supplementary, transitional or
saving provisions;
(b) provisions amending, repealing or revoking statutory
documents and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or
(b) for paragraphs 1(b) or 1(c) – approval required.».
(123) Omit Articles 228 and 229
(124) Omit Articles 231 and 232.
(125) After Article 232, omit the words from “This Regulation” to “States”.
(126) In Annex 2, in Part 2, —
(a) in Section A, in paragraph 6(a), for “Member State concerned”
substitute «appropriate authority»; and
(b) omit Section B.
(127) In Annex 4 —
(a) in the heading, omit “Union”;
(b) in Section A —
(i) in the heading, omit “Union”;
(ii) in part 3 (Classification), in paragraph 2, in the second
subparagraph, for “Member States are authorised to”
substitute «The relevant authority may»; and
(iii) in part 5 (Classification and identification) —
(A) in the first paragraph, omit “Union”; and
(B) in the second paragraph, for “Member States”
substitute «the relevant authority»;
(c) in Section B —
(i) in the heading, omit “Union”;
(ii) in part 4 (Lean-meat content), in paragraph 1, for
“Commission” substitute «relevant authority»; and
(iii) in part 5 (Identification of carcasses) —
(A) for “by the Commission” substitute «in retained
EU law»; and
(B) omit “Union”; and
(d) in Section C —
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(i) in the heading, omit “Union”;
(ii) in part 4 (Presentation), in the second paragraph, for
“Member States are authorised to” substitute «The
relevant authority may»; and
(iii) in part 5 (Identification of carcasses), omit “Union”.
(128) Omit Annex 6.
(129) Annex 7 is amended in accordance with subparagraphs (130) to (138).
(130) In the introductory wording, omit the words from “under” to “name”, in
the second place it occurs;
(131) In Part 1 —
(a) in point 3 (Sales descriptions) —
(i) in paragraph 1 —
(A) for “Member States” substitute «Island»;
(B) omit “laid down for each Member State”; and
(C) in points A and B —
i. omit all entries except for the entry for the
United Kingdom; and
ii. after “United Kingdom” insert «and the Isle
of Man»; and
(ii) in paragraph 3, in the second subparagraph, for the words
from “terms” to “teletina” substitute «term “veal”»;
(b) in point 4 (Compulsory indication on the label) —
(i) in paragraph 1, omit “Directive 2000/13/EC”; and
(ii) in paragraph 2, for the words from “Member” to the end
substitute «the information referred to in paragraph 1
must be indicated in accordance with the legislation
applying in the Island»; and
(c) in point 6 (Official checks) —
(i) omit paragraph 1;
(ii) in paragraph 2, after “authorities” insert «designated by
the appropriate authority»;
(iii) for paragraph 3 substitute —
«3. The competent authorities shall carry out on the spot
checks to ensure that the provisions of this Annex are
being implemented. Where required, those checks shall be
carried out jointly with the relevant authority’s experts.»;
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(iv) omit paragraph 4; and
(v) in paragraph 5, for “third” in both places where it occurs
substitute «other».
(132) In Part 2 —
(a) in point (1) —
(i) in the second subparagraph —
(A) in point (a), omit the words from “provided” to the
end;
(B) in point (c), in the first indent, for the words from
“certain” to “pursuant to” substitute «wine
growing areas specified under»; and
(C) in point (d), for the words from “which” to
“pursuant to” substitute «provided for under»;
(ii) omit the third and fourth subparagraphs; and
(iii) in the fifth subparagraph, for “Member States” substitute
«the appropriate authority»;
(b) in point (3) —
(i) in point (b), for the words from “a list” to “acts” substitute
«any list drawn up»;
(ii) in point (c), in the fourth indent, from “to be” to “pursuant
to” substitute «specified under»; and
(iii) in points (d) and (f), for the words from “a list” to “acts”
substitute «any list drawn up»;
(c) in point (6)(a) —
(i) for the words from “a list” to “acts” substitute «any list
drawn up»; and
(ii) for the words from “shall” to “pursuant to in” substitute
«are as specified under»;
(d) in point (12), for the words from “certain” to “acts” substitute
«wines specified»; and
(e) in point (16), omit the second subparagraph.
(133) In Part 3 —
(a) in paragraph 2 (b), omit “Article 5 of Directive 2000/13/EC or”;
and
(b) in paragraph 6, in the second subparagraph, omit “Directive
2000/13/EC or”.
(134) In Part 4 —
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(a) in point 2 (Delivery or sale to the final consumer), in paragraph 3,
for the words from the beginning to “consumers of” substitute
«The appropriate authority must ensure there is information
available to consumers regarding»; and
(b) in point 3 (Drinking milk) —
(i) in paragraph 1(b)(i), for “Member States may provide”
substitute «nothing in this Regulation prevents the
appropriate authority from providing»; and
(ii) in paragraph 2, in the third subparagraph, for “Member
States may” substitute «nothing in this Regulation
prevents the appropriate authority from using any power
the authority has to».
(135) In Part 5 —
(a) in point 1, for “union” substitute «Island»; and
(b) in point 2 —
(i) in paragraph (2), for “Member States may” substitute
«nothing in this Regulation prevents the appropriate
authority from using any power the authority has to»;
and
(ii) in paragraph (6), in the second subparagraph, for “Member
States may” substitute «nothing in this Regulation
prevents the appropriate authority from using any power
the authority has to»;
(136) In Part 6 —
(a) in point 1 (Scope) —
(i) in paragraph 1 —
(A) for “Union”, in each place it occurs, substitute
«Island»; and
(B) for “third” substitute “other”; and
(ii) in paragraph 2 —
(A) in the first subparagraph, for “Member States may”
substitute «Nothing in this Regulation prevents the
appropriate authority from using any power the
authority has to»;
(B) in point (b), omit “of the Member State concerned”;
and
(C) omit the third subparagraph; and
(b) in point 3 (Marking of eggs) —
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(i) in paragraph 1, for the third subparagraph substitute —
«Nothing in this Regulation prevents the appropriate
authority from using any power the authority has to
exempt Class B eggs from this requirement where those
eggs are marketed exclusively in the Island.»; and
(ii) in paragraph 3 —
(A) in the first subparagraph, omit “of the Member State
concerned”; and
(B) in the second subparagraph, for “Member States
may” substitute «nothing in this Regulation
prevents the appropriate authority from using any
power the authority has to».
(137) In Part 7, in point 2 (Terminology), in paragraph 3, in the first
subparagraph —
(a) for the words from “By” to “addition,” substitute «Nothing in
this Regulation prevents»; and
(b) for “may be” substitute «being».
(138) In Part 8 —
(a) in the introductory wording —
(i) for “Union” substitute «Island»; and
(ii) for “third” substitute «other»; and
(b) omit “by the Commission” in each place it occurs.
(139) Omit Appendix 1.
(140) In Appendix 2, omit the footnotes to the table.
(141) Annex 8 is amended in accordance with subparagraphs (142) and (143).
(142) In Part 1 —
(a) in Section A —
(i) in paragraph 1, for the words from “in certain” to
“concerned”, substitute «, the appropriate authority»;
(ii) in paragraph 2, for the words from “the following” to the
end substitute «3% volume»; and
(iii) in paragraph 3 —
(A) for the words “Member States”, in the first place it
occurs, substitute «appropriate authority»; and
(B) omit the second sentence;
(b) in Section B —
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(i) in paragraph 3, omit the words from “and only” to the end;
(ii) in paragraph 4, omit the words from “ in wine-growing
zone A” to the end;
(iii) in paragraph 6, for “wine”, in the second place it occurs, to
the end substitute «wine to more than 11.5% volume»;
and
(iv) in paragraph 7 —
(A) for the words from “By way of” to “may” substitute
«Nothing in this Regulation prevents the
appropriate authority from»;
(B) for “raise”, in both places it occurs, substitute
«raising»;
(C) in point (a), omit the words from “in wine-growing
zone A” to the end; and
(D) in point (b), for “Member States” substitute «the
appropriate authority»;
(c) in Section C —
(i) in paragraph 1, for the words from “subject to” to the end,
substitute «subject to deacidification»;
(ii) in paragraph 6 —
(A) for “Member States” substitute «the appropriate
authority»; and
(B) omit “in wine-growing zones A and B”; and
(iii) in paragraph 7, for the words from “except” to “pursuant
to” substitute «subject to any exceptions made under»;
and
(d) in Section D —
(i) in paragraph 1, for the words from “to be” to “pursuant
to” substitute «prescribed under»;
(ii) in paragraph 2, for the words from “wine-growing” to the
end substitute «Island»;
(iii) in paragraph 3, omit “and in the wine-growing zone”;
(iv) in paragraph 4, for the words from “to be” to “pursuant
to” substitute «prescribed under»; and
(v) in paragraph 6 —
(A) omit point (a); and
(B) in point (b), omit “in wine-growing zones A and B”.
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(143) In Part II —
(a) in Section B —
(i) in paragraph 1, omit the second sentence;
(ii) in paragraph 2, for “territory of the Union” substitute
«Island»;
(iii) in paragraph 3 —
(A) omit “, Ireland, Poland and”;
(B) for “Member States” substitute «the appropriate
authority»;
(iv) omit paragraph 4; and
(v) in paragraph 5 —
(A) (aa) for “third” substitute “other”; and
(B) (bb) for “territory of the Union” substitute
«Island»;
(b) in Section C —
(i) for “a third” substitute «another»;
(ii) for “Union”, in both places it occurs, substitute «Island»;
and
(iii) for “third”, in the second place it occurs, substitute
«other»; and
(c) in Section D —
(i) in paragraph 1, for “Member States” —
(A) in the first place it occurs, substitute «The
appropriate authority»; and
(B) in the second place it occurs, substitute «the
appropriate authority»;
(ii) in paragraph 2, omit the second sentence;
(iii) in paragraph 4, for “Member State concerned” substitute
«appropriate authority»; and
(iv) in paragraph 5 —
(A) for the words from “Without” to “any” substitute
«Any»; and
(B) for the words from “to be” to “pursuant to”
substitute «prescribed under».
(144) In Annex 10 —
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(a) in Point 7, in point (c), for “Member State” substitute
«appropriate authority»; and
(b) in Point 11 —
(i) in paragraph 2, for “Union rules” substitute «any
applicable legislation»; and
(ii) in paragraph 3, for “Union” substitute «national».
(145) Omit Annexes 11 to 13.
3 Regulation (EU) No 510/2014 amended
(1) Regulation (EU) No 510/2014 of the European Parliament and of the
Council of 16 April 2014 laying down the trade arrangements applicable
to certain goods resulting from the processing of agricultural products
and repealing Council Regulations (EC) No 1216/2009 and (EC) No
614/200918 is amended as follows.
(2) In Article 6 —
(a) in paragraph 1, after “circulation” insert «in the Island»;
(b) in paragraph 2 —
(i) for “Member States” substitute «the Department of
Environment, Food and Agriculture»;
(ii) for “Union” substitute «Island»; and
(iii) omit the words from “, irrespective” to the end;
(c) in paragraph 3, for “Union” substitute «Island»; and
(d) in paragraph 4 —
(i) after “circulation” insert «in the Island»; and
(ii) for “third” substitute «another».
(3) In Article 22(2), for “accordance with Article 29 TFEU”, in each place it
occurs, substitute «the Island».
(4) Article 23(1), for “authorities of the Member State” substitute
«authority».
(5) In Article 25 —
(a) for the words from “concluded” to “TFEU” substitute «to which
the Island is a party»; and
(b) for “authorities of the Member State” substitute «authority».
(6) In Article 28(2) —
18 Paragraph (1(6) of the Schedule to the retention regualtions.
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(a) for “Member States” substitute «The Department of
Environment, Food and Agriculture»; and
(b) for the words from “Union”, in the first place it occurs, to the end
substitute «United Kingdom».
(7) In Article 30(1), for “authorities of the Member State concerned”
substitute «Island».
(8) Omit Articles 37 and 38.
(9) In Article 40(1), for “legal acts adopted” substitute «regulations made».
(10) Omit Article 46 and the sentence which follows it.
4 Commission Delegated Regulation (EU) 2016/1238 amended
(1) Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016
supplementing Regulation (EU) No 1308/2013 of the European
Parliament and of the Council with regard to public intervention and aid
for private storage19 is amended as follows.
(2) After Article 1 insert —
«Article 1A
Definitions
In this Regulation —
“appropriate authority” means the Department of Environment Food
and Agriculture.».
(3) In Article 2(1), for “Union” substitute «Island».
(4) In Article 4(a), omit the words from “, or the disposal” to the end.
(5) For Article 5(7), substitute —
«7. In the case of sale of intervention products, except in cases of force
majeure, the security shall be forfeit in respect of quantities for which
payment has not been made in accordance with Article 35 of
Implementing Regulation (EU) 2016/1240 and the sale shall be cancelled
in respect of those quantities.».
(6) In Article 7(3) —
(a) in the fourth paragraph, for “Member State exercising jurisdiction
over the paying agency” substitute «Island»; and
(b) omit the last subparagraph.
(7) In Article 8, in paragraphs 3 and 4, for the words “Implementing
Regulation” to the end, substitute «tendering procedure or the
19 Paragraph 1(10) of the Schedule to the retention regulations.
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Regulations fixing the amount of aid in advance, referred to in Article 39
of Implementing Regulation (EU) 2016/124020.».
(8) Omit Article 9.
(9) After Article 11, omit the words from “This Regulation” to “Member
States”.
(10) In Annex 1, Part 1 —
(a) in point 1(d) for “Union” substitute «retained EU»; and
(b) in point 3 for “Member States” substitute «The appropriate
authority».
(11) In Annex 2, point 1(e), for “Union” substitute «retained EU».
(12) In Annex 3 —
(a) in Part 1, point 2(b), for “Commission Regulation (EC) No
1249/2008” substitute «Commission Delegated Regulation (EU)
2017/118221»; and
(b) for Part 2 substitute —
«Classification of products
For the purpose of this Part, category Z refers only to male
animals as described in point 1(c) of Part I.
I. ISLE OF MAN
Carcases, half-carcases:
Category C, class U3
Category C, class U4
Category C, class R3
Category C, class R4
Category C, class O3
Category C, class O4
Category A, class U2
Category A, class U3
Category A, class R2
Category A, class R3
Category A, class O2
Category A, class O3
20 OJ L 206, 30.7.2016, p. 71. 21 Paragraph 24(2) of the Schedule to the retention regulations.
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Category Z, class U2
Category Z, class U3
Category Z, class R2
Category Z, class R3
Category Z, class O2
Category Z, class O3».
(13) In Annex 4 —
(a) in Part 1 —
(i) in paragraph 2, for “Commission” substitute «appropriate
authority»;
(ii) in paragraph 3, for “Union” substitute «retained EU»;
and
(iii) omit paragraphs 5 and 6; and
(b) in Part 3 —
(i) in paragraph 1(b), omit “of each Member State”;
(ii) in paragraph 1(d), for “Member State” substitute
«appropriate authority»; and
(iii) in paragraph 3, in the third subparagraph, for “Member
State” substitute «appropriate authority».
(14) In Annex 5 —
(a) in Part 1 —
(i) in paragraph 2 —
(A) in subparagraph 2, for ”Union” substitute
«Island»; and
(B) in subparagraph 3 for “Commission” substitute
«appropriate authority»;
(ii) in paragraph 3, for “Union” substitute «retained EU»;
and
(iii) omit paragraphs 5 and 6;
(b) in Part 3 —
(i) in paragraph 1(b), omit “of each Member State”;
(ii) in paragraph 1(d), for “Member State” substitute
«appropriate authority»; and
(iii) in paragraph 3, for “Member State” substitute
«appropriate authority».
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(15) In Annex 6 —
(a) in the first paragraph, for “Union” substitute «retained EU»;
(b) under heading 1 (sugar), omit the last sentence;
(c) under heading 2 (flax fibre), in point (a), omit “and the Member
State”;
(d) under heading 3 (meat) —
(i) in paragraph (a) —
(A) omit “Union”; and
(B) for “Regulation (EC) No 1249/2008, and identified in
accordance with Article 6(3)” substitute
«Regulation (EU) No 2017/1182, and identified in
accordance with Article 8(2)(a)»; and
(ii) in paragraph (c), in each place it occurs, for “Union”
substitute «Island»;
(e) under heading 4 (butter) —
(i) in the third paragraph, omit “of the Member State of
production”; and
(ii) omit the fourth paragraph;
(f) under the heading 5 (cheese), for point (b) substitute —
«(b) it is stored as a whole cheese in the Island; and»; and
(g) under the heading 6 (skimmed milk powder) —»
(i) in the third paragraph, omit “of the Member State of
production; and
(ii) omit the fourth paragraph.
(16) In Annex 7 —
(a) omit point (a); and
(b) in points (b) and (c) —
(i) for “the requirements”, in both places those words occur,
substitute «any statutory requirements»; and
(ii) omit “by the Member State concerned” in both places those
words occur.
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PART 2
COMMON AGRICULTURAL POLICY REGULATIONS
5 Commission Regulation (EC) No 2004/2002 amended
(1) Commission Regulation (EC) No 2004/2002 of 8 November 2002 relating
to the procedure for determining the meat and fat content of certain
pigmeat products22 is amended as follows.
(2) After Article 3 omit “This Regulation shall be binding in its entirety and
directly applicable in all Member States.”.
PART 3
CEREALS REGULATIONS
6 Commission Implementing Regulation (EC) No 1312/2008 amended
(1) Commission Implementing Regulation (EC) No 1312/2008 of 19
December 2008 fixing the conversion rates, the processing costs and the
value of the by-products for the various stages of rice processing23 is
amended as follows.
(2) Omit Article 7.
(3) In the sentence following Article 8, omit the words from “This
Regulation” to “Member States”.
(4) Omit Annexes 1 and 2.
PART 4
QUALITY SCHEMES AND PROTECTED DESIGNATION OF ORIGIN
REGULATIONS
7 Regulation (EU) No 1151/2012 amended
(1) Regulation (EU) No 1151/2012 of the European Parliament and of the
Council of 21 November 2012 on quality schemes for agricultural
products and foodstuffs24 is amended as follows.
(2) In Article 1 —
22 Paragraph 2(2) of the Schedule to the retention regulations. 23 Paragraph 3(12) of the Schedule to the retention regulations. 24 Paragraph 6(1) of the Schedule to the retention regulations.
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(a) at the end of point (b) insert “and”;
(b) at the end of point (c) omit “and”; and
(c) omit point (d).
(3) In Article 2 —
(a) in paragraph 1, in the second subparagraph, for the words from
“Commission” to “Article 56,” substitute «competent authority
may make regulations»;
(b) in paragraph 2, for “Annex XIb to Regulation (EC) No 1234/2007”
substitute «Part 2 of Annex 7 to Regulation 1308/2013»;
(c) in paragraph 3 —
(i) for “Union provisions” substitute «provisions in retained
EU law»; and
(ii) for “the single common organisation of the markets, and”
substitute «provisions in, or under, Regulation 1308/2013
and provisions relating»; and
(d) omit paragraph 4.
(4) In Article 3 —
(a) in point (6), for “Union” substitute «Isle of Man»; and
(b) after point (8) insert —
«(9) ‘EU Regulation 1151/2012’ means Regulation (EU) No
1151/2012 of the European Parliament and of the Council on
quality schemes for agricultural products and foodstuffs as it had
effect in EU law immediately before exit day;
(10) ‘Regulation 1308/2013’ means Regulation (EU) No 1308/2013
of the European Parliament and of the Council establishing a
common organisation of the markets in agricultural products;
(11) ‘Regulation 664/2014’ means Commission Delegated
Regulation (EU) No 664/2014 supplementing Regulation (EU) No
1151/2012 of the European Parliament and of the Council with
regard to the establishment of the Union symbols for protected
designations of origin, protected geographical indications and
traditional specialities guaranteed and with regard to certain rules
on sourcing, certain procedural rules and certain additional
transitional rules;
(12) ‘the competent authority’ means the Department of
Environment, Food and Agriculture;
(13) ‘the designated authority’ means:
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(a) unless point (b) applies, the Department of Environment, Food
and Agriculture;
(b) in a case where an official control has been delegated to a
control body in accordance with Article 39, the control body to
which the function has been delegated;
(14) ‘enactment’ includes:
(a) statutory documents, and
(b) except in Article 28, retained direct EU legislation;
(15) ‘established protected designation of origin’ means a
designation of origin shown as a United Kingdom registered
designation of origin on the register maintained by the European
Commission pursuant to Article 11 of EU Regulation 1151/2012 as
that register stood immediately before exit day as amended
further to any application submitted under Article 49 from a
person or body based on the Island;
(16) ‘established protected geographical indication’ means a
geographical indication shown as a registered United Kingdom
geographical indication on the register maintained by the
European Commission pursuant to Article 11 of EU Regulation
1151/2012 as that register stood immediately before exit day as
amended further to any application submitted under Article 49
from a person or body based on the Island;
(17) ‘established protected traditional speciality guaranteed’
means a traditional speciality guaranteed shown as a registered
United Kingdom traditional speciality guaranteed on the register
maintained by the European Commission pursuant to Article 22
of EU Regulation 1151/2012 as that register stood immediately
before exit day as amended further to any application submitted
under Article 49 from a person or body based on the Island;
(18) ‘third country’ means a country other than the Isle of Man.».
(5) In Article 4(b), for “Union” substitute «Isle of Man».
(6) In Article 5(4) —
(a) in the first subparagraph, for the words from “Commission” to
“Article 56,” substitute «competent authority may make
regulations»; and
(b) in the second subparagraph, for the words from “Commission” to
“Article 56,” substitute «competent authority may make
regulations».
(7) In Article 7 —
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(a) in paragraph 1(e) omit the words from “, taking into account” to
the end of that point; and
(b) in paragraph 2 —
(i) in the first subparagraph, for the words from
“Commission” to “Article 56,” substitute «competent
authority may make regulations»; and
(ii) in the second subparagraph —
(A) for “Commission may adopt implementing acts”
substitute «competent authority may make
regulations»; and
(B) omit the second sentence.
(8) Omit Article 8.
(9) Omit Article 9.
(10) Omit Article 10.
(11) In Article 11 —
(a) in paragraph 1, for the words from “Commission” to
“maintaining” substitute «competent authority must provide
direction to»; and
(b) omit paragraphs 2 to 4.
(12) In Article 12 —
(a) in paragraph 2 omit “Union”;
(b) in paragraph 4, for “Member State” substitute «Isle of Man or
third country, as relevant, in which that geographical area of
origin is located»;
(c) in paragraph 5, for the words from “Directive 2000/13/EC” to
“Directive 2008/95/EC” substitute «Regulation (EU) No
1169/2011 of the European Parliament and of the Council on the
provision of food information to consumers, the collective
geographical marks registered under the Trade Marks Act 1994
(of Parliament) (as applied to the Island by the Trade Marks (Isle
of Man) Order 201325 and the Trade Marks (Isle of Man)
(Amendment) Order 201826)»;
(d) in paragraph 6 omit “Union”; and
(e) in paragraph 7 —
(i) in the first subparagraph —
25 SI 2013/2601 26 SD 2018/1157
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(A) for the words from “Commission” to “Article 56,”
substitute «competent authority may make
regulations»; and
(B) omit “Union”; and
(ii) in the second subparagraph —
(A) for “Commission may adopt implementing acts”
substitute «competent authority may make
regulations»;
(B) omit “Union”; and
(C) omit the second sentence.
(13) In Article 13(3) —
(a) in the first subparagraph —
(i) for “Member States” substitute «The designated
authority»; and
(ii) for “that Member State” substitute «the Island»; and
(b) omit the second subparagraph.
(14) Omit Articles 14 to 16.
(15) In Article 18 —
(a) omit paragraph 3;
(b) in paragraph 4, for “Union legislation” substitute «retained EU
law»; and
(c) in paragraph 5, for the words from “Commission” to “Article 56,”
substitute «competent authority may make regulations».
(16) In Article 19 —
(a) in paragraph 1(a) omit “, in the appropriate language versions”;
and
(b) in paragraph 2 —
(i) in the first subparagraph, for the words from
“Commission” to “Article 56,” substitute «competent
authority may make regulations»; and
(ii) in the second subparagraph —
(A) for “Commission may adopt implementing acts”
substitute «competent authority may make
regulations»; and
(B) omit the second sentence.
(17) Omit Articles 20 and 21.
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(18) In Article 22 —
(a) in paragraph 1, for the words from “Commission” to
“maintaining” substitute «competent authority must provide
direction to»; and
(b) in paragraph 2 —
(i) for “Commission may adopt implementing acts” substitute
«competent authority may make regulations»; and
(ii) omit the second sentence.
(19) In Article 23 —
(a) in paragraph 2 omit “Union”;
(b) in paragraph 4 —
(i) in the first subparagraph —
(A) for the words from “Commission” to “Article 56,”
substitute «competent authority may make
regulations»; and
(B) omit “Union”; and
(ii) in the second subparagraph —
(A) for “Commission may adopt implementing acts”
substitute «competent authority may make
regulations»;
(B) omit “Union”; and
(C) omit the words from “, including” to the end.
(20) In Article 24 —
(a) in paragraph 2 —
(i) for “Member States” substitute «The designated
authority»; and
(ii) for “at national level” substitute «in the Island»; and
(b) in paragraph 3 —
(i) for “Commission may adopt implementing acts” substitute
«competent authority may make regulations»; and
(ii) omit the second sentence.
(21) Omit Articles 25 and 26.
(22) In Article 27, for “internal market” substitute «Island».
(23) For Article 28 substitute —
«Article 28
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Existing enactments
1. Nothing in this Regulation prevents the maintenance of enactments
on optional quality terms that are not covered by this Regulation and
are in force immediately before exit day, provided that they comply
with retained EU law.
2. In paragraph 1, ‘maintenance’ includes repeal and replacement, and
revocation and replacement, without, in both cases, any substantive
modification.».
(24) In Article 29 —
(a) in paragraph 1(c), for “European” substitute «Island»;
(b) in paragraph 4, for the words from “Commission” to “Article 56,”
substitute «competent authority may make regulations»;
(c) in paragraph 5 —
(i) for “Commission may adopt implementing acts” substitute
«competent authority may make regulations»; and
(ii) omit the second sentence; and
(d) in paragraph 6 —
(i) for “adopting delegated and implementing acts” substitute
«making regulations»; and
(ii) for “Commission” substitute «competent authority».
(25) In Article 30 —
(a) in paragraph 1, for the words from “Commission” to “Article 56,”
substitute «competent authority may make regulations»; and
(b) in paragraph 2, for the words from “Commission” to “Article 56,”
substitute «competent authority may make regulations».
(26) In Article 31 —
(a) in paragraph 2 —
(i) for “Union” substitute «Island»;
(ii) for “Article 18(1) of Regulation (EC) No 1257/1999”, in the
first place it occurs, substitute «Article 32 of Regulation
(EU) No 1305/2013 of the European Parliament and of the
Council on support for rural development by the European
Agricultural Fund for Rural Development (EAFRD)27»;
and
(iii) for “Article 18(1) of Regulation (EC) No 1257/1999”, in the
second place it occurs, substitute «Article 32 of Regulation
27 OJ L 347, 20.12.2013, p. 487.
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(EU) No 1305/2013 of the European Parliament and of the
Council»;
(b) in paragraph 3 —
(i) for the words from “Commission”, in the first place it
occurs, to “Article 56,” substitute «competent authority
may make regulations»; and
(ii) for the words from “Commission”, in the second place it
occurs, to “delegated act” substitute «competent authority
may make regulations»; and
(c) in paragraph 4, for the words from “Commission” to “Article 56,”
substitute «competent authority may make regulations».
(27) Omit Article 32.
(28) In Article 33(2) —
(a) for “Commission may adopt implementing acts” substitute
«competent authority may make regulations»; and
(b) omit the second sentence.
(29) In Article 34, for “Member States” substitute «The designated
authority».
(30) In Article 36 —
(a) for the heading substitute —
«Official controls»;
(b) in paragraph 1 omit the first subparagraph; and
(c) in paragraph 2 omit “referred to in paragraph 1”.
(31) In Article 37 —
(a) in paragraph 1 —
(i) in the first subparagraph —
(A) in the words before point (a), for “Union” substitute
«Island»; and
(B) in point (a), for the words from the beginning to
“Regulation” substitute «the competent
authority»; and
(ii) in the second subparagraph, for “Member States”
substitute «competent authority»;
(b) in paragraph 3 —
(i) in the first subparagraph, for “Member States” substitute
«The competent authority»;
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(ii) in the second subparagraph, for “Commission” substitute
«the competent authority»; and
(iii) after the second subparagraph insert —
«The competent authority may make the information
specified in the first and second subparagraphs public, and
update that information periodically, in such manner as
appears appropriate to the competent authority from time
to time.»; and
(c) omit paragraph 4.
(32) In Article 38 —
(a) omit the first paragraph; and
(b) in the second paragraph —
(i) for “Member States”, in the first place it occurs, substitute
«The designated authority»; and
(ii) for “Member States”, in the second place it occurs,
substitute «that authority».
(33) In Article 39(3), in both points (a) and (b), for “Union” substitute
«Island».
(34) In Article 40(1), for “Member States” substitute «The competent
authority».
(35) In Article 41 —
(a) in paragraph 1, for “Union” substitute «Isle of Man»;
(b) for paragraph 2(b) substitute —
«(b) any relevant enactment.»; and
(c) in paragraph 3, for the words from “Commission” to “Article 56,”
substitute «competent authority may make regulations».
(36) In Article 42(2), for the words from “Commission” to “Article 56,”
substitute «competent authority may make regulations».
(37) In Article 43 —
(a) for “Union rules or to those of Member States” substitute
«retained EU law and any other enactments»; and
(b) for “those rules” substitute «such law and those enactments».
(38) In Article 44 —
(a) omit paragraph 2; and
(b) in paragraph 3 —
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(i) for “Commission shall adopt implementing acts”
substitute «competent authority may make regulations»;
and
(ii) omit the second sentence.
(39) In Article 45 —
(a) in paragraph 1 —
(i) in the words before point (a), for “Regulation (EC) No
1234/2007” substitute «Regulation 1308/2013»; and
(ii) in point (a), for the words from “competent authorities” to
“other competent” substitute «the competent authority or
any designated»; and
(b) in paragraph 2 —
(i) for “Member States”, in the first place it occurs, substitute
«The «competent authority»;
(ii) for “on their territories” substitute «in the Island»; and
(iii) for the second and third sentences substitute —
«The competent authority must publish the names and
addresses of the groups referred to in Article 3(2) in such
manner as appears appropriate to the competent authority
from time to time.».
(40) In Article 46 —
(a) in paragraph 1, for “Member States” substitute «The competent
authority»; and
(b) in paragraph 3, for “Member States” substitute «The competent
authority».
(41) Omit Article 47.
(42) For Article 49 —
«Article 49
Application for registration of names
1. Applications for registration of names under the quality schemes
referred to in Article 48 may be submitted to the European Union.».
(43) Omit Articles 50 to 54.
(44) In Title 6 omit Chapter 1.
(45) For Article 56 substitute —
«Article 56
Regulations
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1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or
saving provisions;
(b) provisions amending, repealing or revoking statutory
documents and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(46) Omit Article 57.
(47) In Article 58(1) omit the second subparagraph.
(48) In Article 59 omit the second paragraph.
(49) After Article 59 omit the words from “This Regulation” to “Member
States.”.
8 Commission Delegated Regulation (EU) No 664/2014 amended
(1) Commission Delegated Regulation (EU) No 664/2014 of 18 December
2013 supplementing Regulation (EU) No 1151/2012 of the European
Parliament and of the Council with regard to the establishment of the
Union symbols for protected designations of origin, protected
geographical indications and traditional specialities guaranteed and with
regard to certain rules on sourcing, certain procedural rules and certain
additional transitional rules28 is amended as follows.
(2) Before Article 1 insert —
«Article A1
Definition of ‘third country‘
In this Regulation ‘third country’ means any country, other than the
British Islands.».
(3) Omit Articles 4 to 9.
(4) In Article 10 omit the second paragraph.
(5) After Article 10 omit the words from “This Regulation” to “Member
States.”.
28 Paragraph 6(2) of the Schedule to the retention regulations.
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9 Commission Delegated Regulation (EU) No 665/2014 amended
(1) Commission Delegated Regulation (EU) No 665/2014 of 11 March 2014
supplementing Regulation (EU) No 1151/2012 of the European
Parliament and of the Council with regard to conditions of use of the
optional quality term ‘mountain product’29 is amended as follows.
(2) Omit Article 6(2).
(3) After Article 7 omit the words from “This Regulation” to “Member
States.”.
29 Paragraph 6(3) of the Schedule to the retention regulations.
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SCHEDULE 2
[Regulation 5(b)]
RETAINED DIRECT EU LEGISLATION CONCERNING ANIMAL DISEASES
AMENDED
PART 1
TRANSMISSIBLE ANIMAL DISEASES REGULATIONS
1 Commission Decision 97/794/EC amended
(1) Commission Decision of 12 November 1997 laying down certain detailed
rules for the application of Council Directive 91/496/EEC as regards
veterinary checks on live animals to be imported from third countries
(97/794/EC)30 is amended as follows.
(2) In Article 1, at the end, insert as a new subparagraph—
«In this Decision:
“the appropriate authority” means the Department of Environment,
Food and Agriculture
“third country” means any country other than a member State or the
British Islands.».
(3) In Article 3, in paragraph 3, for “Community rules”, substitute “retained
EU law”.
(4) In Article 4—
(a) in paragraph 1—
(i) for the words from “the physical check” to “equidae”,
substitute «a physical check»; and
(ii) at the end insert, as a new subparagraph—
«The physical check must include a clinical examination
of the animals to ensure that they conform to the
information provided in the accompanying documents and
are clinically healthy as well as any laboratory tests
thought necessary.»;
(b) in paragraph 6, for “Member States”, substitute “The appropriate
authority”; and
(c) for paragraph 7, substitute—
30 Paragraph 13(2) of the Schedule to the retention regulations.
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«7. The results of the checks, together with the information
referred to in paragraph 4, shall be communicated to the
appropriate authority on a routine basis at intervals of every six
months together with copies of the relevant veterinary certificates.
However, in the case of positive sampling results, or in any other
circumstances where the official veterinarian or other inspector
considers justified, the results of the tests shall be communicated
to the appropriate authority immediately and copies of the
relevant veterinary certificates shall be sent to the appropriate
authority as soon as possible thereafter.».
(5) In Article 6—
(a) in each of paragraphs 1 and 2, for “certificate as laid down in
Decision 92/527/EEC”, substitute «Common Veterinary Entry
Document (CVED)»;
(b) in paragraph 3, in the seventh indent, for “Member State”,
substitute «place»;
(c) in paragraph 4, for “Article 2(c) of Council Directive 90/426/EEC”,
substitute «Article 2(c) of Council Directive 2009/156/EC»;
(d) in paragraph 5, for “certificate as laid down in Decision
92/527/EEC”, substitute «CVED»;
(e) in paragraph 7, omit «as laid down in Decision 92/527/EEC»;
and
(f) after paragraph 7, insert—
«8. In this Decision, “Common Veterinary Entry Document
(CVED)” means a document published by the appropriate
authority from time to time based on national requirements but
which is otherwise equivalent to the model for the certificate
referred to in Article 7(1) of Council Directive 91/496/EEC.».
(6) Omit Articles 7 and 10.
(7) In Annex 1—
(a) in paragraph 1—
(i) in point (a), for “at least one of the official languages of the
Member States of the border inspection post and of the
final destination”, substitute «English, whether or not it
also appears in other languages»; and
(ii) in points (b) and (f), for “Community, substitute «Isle of
Man» in each place; and
(b) in paragraph 2—
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(i) for the first sentence, substitute «The competent authority
must check the transport documentation required by
Article 4 of Regulation (EC) No 1/2005.»;
(ii) in the second sentence, for “written undertaking and route
plan”, substitute «transport documentation»; and
(iii) for “at least one of the official languages of the Member
States of the border inspection post and of the final
destination”, substitute «English and may also appear in
other languages».
(8) In Annex 2, in paragraph 1, in the second subparagraph, for “Directive
91/628/EEC”, substitute «Regulation (EC) No 1/2005».
2 Commission Decision 2003/459/EC amended
(1) Commission Decision of 20 June 2003 on certain protection measures
with regard to monkey pox virus (2003/459/EC)31 is amended as follows.
(2) In Article 1—
(a) for “Member States, substitute “The appropriate authority”;
(b) after the text, insert—
«“the appropriate authority” means the Department of
Environment, Food and Agriculture.»
(3) In Article 2, for “Member States”, substitute «The appropriate
authority».
(4) In Article 3, for “competent authorities of a Member State”, substitute
«appropriate authority».
(5) In Article 4—
(a) for “The Member States”, substitute «The appropriate
authority»;
(b) omit the last sentence.
(6) Omit Article 6.
3 Commission Implementing Decision 2013/652/EU amended
(1) Commission Implementing Decision 2013/652/EU on the monitoring and
reporting of antimicrobial resistance in zoonotic and commensal
bacteria32 is amended as follows.
(2) In Article 1 —
31 Paragraph 13(3) of the Schedule to the retention regulations. 32 Paragraph 20(2) of the Schedule to the retention regulations, as amended by SD 2019/0122.
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(a) in the heading, after “Subject matter” insert «, definitions»;
(b) in paragraph 1, in the first subparagraph —
(i) omit “harmonised”; and
(ii) omit the words from “to be” to the end;
(c) in paragraph 2, omit “harmonised”; and
(d) after paragraph 2, insert —
«3. In this Decision, ‘appropriate authority’ means the
Department of Environment, Food and Agriculture.».
(3) In Article 2 —
(a) in the heading, omit “by Member States”;
(b) in paragraphs 1 and 2, for “Member States shall”, substitute «The
appropriate authority must»; and
(c) in paragraph 3, for “Member States” substitute «The appropriate
authority».
(4) In Article 3 —
(a) in the words before point (a), for “a Member State” substitute
«the Island»; and
(b) in point (a), omit “national”.
(5) In Article 5 —
(a) for “Member States shall” substitute «The appropriate authority
must»; and
(b) for the words from “include” to the end, substitute «publish an
annual report on that assessment».
(6) Omit Articles 6 to 9.
(7) The Annex is amended as follows.
(8) Part A is amended in accordance with paragraphs (9) to (18).
(9) In point 1 —
(a) in the first paragraph —
(i) in the words before point (a), for “Member States shall”
substitute «The appropriate authority must»;
(ii) in point (a) —
(A) in point (i), omit “national”;
(B) in point (iv), for “Member State” substitute
«Island»;
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(iii) in points (b) to (d), for “Member State”, in each place it
occurs, substitute «Island»;
(iv) in point (e), for “a Member State” substitute «the
appropriate authority»;
(v) in point (f) —
(A) in the words before point (i), for “a Member State”
substitute «the appropriate authority»;
(B) in points (i) and (ii), for “Member State” substitute
«Island»;
(b) in the second paragraph, for “Member State” substitute
«appropriate authority».
(10) In point 2.1, for “Member States shall” substitute «The appropriate
authority must».
(11) In point 2.2 —
(a) in the first paragraph —
(i) for “Member States shall”, substitute «The appropriate
authority must»;
(ii) for “in Member States with”, substitute «if there is»;
(iii) after “per year”, in the second place where it occurs, insert
«in the Island»;
(iv) for “they” substitute «its»;
(b) in the second and third paragraphs, for “In those Member States
where” substitute «If»;
(c) in the fourth paragraph —
(i) for “Member States shall”, in both places it occurs,
substitute «the appropriate authority must»;
(ii) for “in Member States with”, substitute «if there is»;
(iii) after “per year”, in the third place where it occurs, insert
«in the Island».
(12) In point 2.3, in the third paragraph, for “Member State” substitute
«Island».
(13) In point 2.3.2 —
(a) in the heading, omit “national”;
(b) in the second paragraph, for “Member State”, in both places it
occurs, substitute «Island».
(14) In point 2.3.3, for “Member States shall” substitute «The appropriate
authority must».
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(15) In point 3, in the first paragraph before Table 1, for “Member States
shall” substitute «The appropriate authority must».
(16) In point 4.1 —
(a) in the third paragraph, for “Member State” substitute
«appropriate authority»;
(b) in the fourth paragraph, for “Member States” substitute «The
appropriate authority».
(17) In point 4.3, in the first paragraph, for the words from the beginning to
“point 4.1,” substitute «The appropriate authority».
(18) In point 5, in the first paragraph —
(a) omit “harmonised” in both places it occurs;
(b) for “either at national or Union level” substitute «at national
level».
(19) In Part B, in point 2, omit the second paragraph.
4 Commission Implementing Decision (EU) 2018/320 amended
(1) Commission Implementing Decision (EU) 2018/320 of 28 February 2018
on certain animal health protection measures for intra-Union trade in
salamanders and the introduction into the Union of such animals in
relation to the fungus Batrachochytrium salamandrivorans33 is amended as
follows.
(2) In Article 1—
(a) omit “intra-Union”; and
(b) for “Union”, in the second place where it appears, substitute
«Isle of Man from third countries».
(3) In Article 2—
(a) in point (f)—
(i) omit “before being dispatched to another Member State
or”; and
(ii) for “Union”, substitute «Isle of Man from a third
country»;
(b) in point (h)—
(i) for “Union”, substitute «Isle of Man from a third
country»; and
(ii) omit the words from “and drawn up” to the end; and
33 Paragraph 13(5) of the Schedule to the retention regulations.
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(c) after point (i), insert—
«(j) “the appropriate authority” means the Department of
Environment, Food and Agriculture;
(k) “third country” means any country other than the Isle of Man,
a member State or the British Islands.».
(4) In Article 3—
(a) in the heading, omit “intra-Union”;
(b) in paragraph 1—
(i) for the words before (a), substitute—
«1. The appropriate authority shall prohibit the import
into the Isle of Man of consignments of salamanders from
outside the United Kingdom except:»,
(ii) in point (a), for “set out in Part A of Annex I”, substitute
«as published by the appropriate authority from time to
time»,
(iii) in point (b), for “Member State of destination”, substitute
«Isle of Man»;
(c) in paragraph 2—
(i) for the words before point (a), substitute—
«2. Where consignments of salamanders from member
States which have originated from a third country have
already undergone quarantine in the appropriate
establishment of destination in accordance with Article 6,
the appropriate authority may only authorise the
acceptance of such consignments into the Isle of Man
where they comply with the following conditions:»;
(ii) in point (b)—
(A) for “Union”, substitute «Isle of Man»,
(B) for “set out in Part A of Annex I”, substitute «as
published by the appropriate authority from time to
time».
(5) In Article 4—
(a) in the heading, for “Union”, substitute «Isle of Man»;
(b) in the words before point (a)—
(i) for “Member States”, substitute «The appropriate
authority»;
(c) for “Union”, substitute «Isle of Man»;
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(d) in point (a)(i), for “Decision 2004/211/EC”, substitute
«Commission Implementing Regulation (EU) 2018/659»; and
(e) in point (b), for “set out in Part B of Annex I”, substitute «as
published by the appropriate authority from time to time»;
(f) in point (c), for “Union”, substitute “Isle of Man”.
(6) In Article 5, for the words before point (a), substitute—
«The appropriate authority shall ensure that border inspection posts
do not accept the entry into the Isle of Man of any consignments of
salamanders unless importers or their agents have provided a written
attestation in English (other languages may also appear), signed by the
person responsible for the appropriate establishment of destination,
stating:».
(7) In Article 6—
(a) in the heading, for “Union”, substitute «Isle of Man»;
(b) in paragraph 1—
(i) in the words before point (a), for “Member States”,
substitute «The appropriate authority»; and
(ii) for “Union”, substitute «Isle of Man».
(8) In Article 7, in paragraph 1, in the words before point (a), for “Member
States”, substitute «The appropriate authority».
(9) In Article 8, for “Member States”, substitute «The appropriate
authority».
(10) In Article 9, for the words before point (a), substitute—
«At the latest by 30 June each year, starting from 2019, where the
appropriate authority has authorised the handling of consignments of
salamanders in the previous year at a border inspection post in the Isle
of Man, the competent authority at the border inspection post shall
notify the appropriate authority of the following information related to
the introduction of salamander consignments into the Isle of Man:».
(11) Omit Articles 10 and 12.
(12) Omit Annex 1.
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PART 2
SALMONELLA REGULATIONS
5 Regulation (EC) No 2160/2003 amended
(1) Regulation (EC) No 2160/2003 of the European Parliament and of the
Council of 17 November 2003 on the control of salmonella and other
specified food-borne zoonotic agents34 is amended as follows.
(2) In Article 2, in paragraph 3, after point (b), insert —
«(c) ‘the Department’ means the Department of Environment, Food
and Agriculture;
(d)’competent authority’ means a person or body designated under
Article 3; and
(e) ‘third country’ means a country other than the Island, the United
Kingdom or a member State.».
(3) In Article 3, in paragraph 2(b), omit “national”.
(4) In Article 5 —
(a) in the heading omit “National”;
(b) in paragraph 1 —
(i) for the first sentence substitute —
«To achieve a target set in accordance with Article 4, the
Department must establish a control programme.»; and
(ii) in the second sentence, omit “National”;
(c) in paragraphs 2, 3 and 4, omit “National”; and
(d) in paragraph 5, omit “National”, in the first place it occurs.
(5) In Article 7 —
(a) in paragraph 1, after “establish” insert «operator»;
(b) in paragraph 2 —
(i) in the first sentence —
(A) after “their”, in both places it occurs, insert
«operator»; and
(B) omit “national”; and
(c) in paragraph 3 —
(i) after “approve” insert «operator»;
34 Paragraph 19 of the Schedule to the retention regulations.
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(ii) after “satisfied that the” insert «operator»; and
(iii) for “national control programme” substitute «control
programme established under Article 5»;
(d) in paragraph 4, in the first sentence, after “approved” insert
«operator»; and
(e) in paragraph 5, after “their” in the second place it occurs, insert
«operator».
(6) In Article 8, in paragraph 2, for “paragraph 1(a), (b) and (c) shall”
substitute «paragraphs 1(a) and 1A do».
(7) In Article 9, in paragraph 3, omit the words from “as if” to the end.
(8) In Article 10 —
(a) in paragraph 4, in the second sentence, omit the words from “, or,
if necessary” to “Article 14(2)”;
(b) after paragraph 4 insert —
«4A. The Department may by regulations specify additional
zoonoses or zoonotic agents which, for the purposes of paragraph
4, are to be treated as if they are listed in Annex 1, column 1.
4B. The Department may not make regulations under paragraph
4A unless satisfied it is necessary to do so in order to achieve the
objective of equivalent guarantees laid down in paragraph 1.»;
and
(c) omit paragraph 5.
(9) In Article 11, in paragraph 3, in the first sentence, omit “national”.
(10) In Annex 2 —
(a) in part A —
(i) in the heading omit “national”; and
(ii) in point 1.10, omit “national”; and
(b) in part D —
(i) in point 1, omit “national”; and
(ii) in point 4, in the first paragraph, in point (b), in the words
before point (i), omit “national”.
(11) In Annex 3, in point 1, for “through EC” substitute «by the
Department’s».
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SCHEDULE 3
[Regulation 5(c)]
RETAINED DIRECT EU LEGISLATION CONCERNING ANIMAL BY-PRODUCTS
AND ANIMAL SLAUGHTER AMENDED
PART 1
CARCASE CLASSIFICATION REGULATIONS
Commission Delegated Regulation (EU) 2017/1182 amended
(12) Commission Delegated Regulation (EU) 2017/1182 of 20 April 2017
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 carcasses and as regards the
reporting of market prices of certain categories of carcasses and live
animals35 is amended as follows.
(13) In the heading of Chapter I omit “Union”.
(14) Before Article 1 insert —
«Article A1
Definitions
1. For the purposes of this Regulation, the following definitions shall
apply:
(a) ‘relevant authority’ means the Department of Environment, Food
and Agriculture;
(b) ‘appropriate authority’ means the Department of Environment, Food
and Agriculture.».
(15) In Article 1 for “each Member State” substitute «the Island».
(16) In Article 2(1) —
(a) for “Member States may decide” substitute «Nothing in this
Regulation prevents the appropriate authorities from deciding»;
and
(b) for “Member States may determine” substitute «Nothing in this
Regulation prevents the appropriate authorities from
determining».
(17) In Article 2(2) for “Member States may decide” substitute «Nothing in
this Regulation prevents the appropriate authorities from deciding».
35 Paragraph 24(2) of the Schedule to the retention regulations.
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(18) In Article 2(3) —
(a) for “Member States” substitute «Nothing in this Regulation
prevents the appropriate authorities»; and
(b) for “may decide” substitute «from deciding».
(19) Omit Article 2(4).
(20) In Article 4 for “Member States may decide” substitute «Nothing in this
Regulation prevents the appropriate authorities from deciding».
(21) In Article 5 —
(a) for “Member States may further subdivide” substitute «Nothing
in this Regulation prevents the appropriate authorities from
further subdividing»; and
(b) for “Member States may authorise” substitute «Nothing in this
Regulation prevents the appropriate authorities from
authorising».
(22) In Article 6(4) —
(a) for “For” substitute «Nothing in this Regulation prevents the
appropriate authorities, for»
(b) for “Member States may allow” substitute «from allowing»;
(c) for “Member States”, in the second place it occurs, substitute
«The appropriate authorities»; and
(d) omit “national”.
(23) In Article 7(2) —
(a) for “Commission” substitute «appropriate authority»; and
(b) for “Member State” substitute «constituent nation».
(24) In Article 7(4) —
(a) in the words before point (a), omit “of the Member State
concerned”; and
(b) in point (b), for “Member State concerned” substitute
«appropriate authority».
(25) In Article 8(6) for “Member States may lay” substitute «Nothing in this
Regulation prevents the appropriate authorities from laying».
(26) In Article 8(7) —
(a) for “Member States may lay” substitute «Nothing in this
Regulation prevents the appropriate authorities from laying»;
and
(b) omit “national”.
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(27) In Article 9 —
(a) for “Member States”, in both places it occurs, substitute «The
relevant authorities»; and
(b) for “Member State” substitute «appropriate authority».
(28) In Article 10(1) —
(a) for “Member States” substitute «The appropriate authority»;
and
(b) for “their territory” substitute «the Island».
(29) Omit Article 10(3).
(30) In Article 10(4) —
(a) in the first sentence, for “Member States” substitute «The
appropriate authority»; and
(b) omit the second sentence.
(31) For Article 10(6) substitute —
«(6) The appropriate authority may authorise beef and sheep
automated grading methods without organising an authorisation test,
provided that the same grading methods were authorised before exit
day for application in a member State on the basis of an authorisation
test where the sample of carcasses is sufficiently representative for the
bovine or sheep population in the Island.».
(32) In Article 10(7) omit the second paragraph.
(33) Omit Article 11(3) and (4).
(34) In Article 11(5) omit “Commission”.
(35) For Article 11(6) substitute —
«(6) The appropriate authority may authorise a grading method
without an authorisation test, provided that the same grading method
was authorised before exit day for application in a member State on the
basis of an authorisation test where the sample of carcasses is
sufficiently representative of the pig population in the Island.».
(36) In Article 12(2)(b) omit “of the Member State concerned”.
(37) In Article 13 for “15” substitute «14».
(38) In Article 15(1) —
(a) for “average of the prices” substitute «price»; and
(b) omit the words from “, and weighted” to the end.
(39) Omit Article 16(2).
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(40) In Article 17(1) for the words from the beginning to “of the Member
State” substitute «The appropriate authority».
(41) In Article 17(2) —
(a) for “Member States” substitute «the appropriate authority»;
and
(b) for “a Member State” substitute «the appropriate authority».
(42) In the heading of Chapter 3 for “UNION” substitute «ISLAND».
(43) In the heading of Section 1 of Chapter 3 for “union” substitute
«Island».
(44) In the heading of Article 18 for “Union” substitute «Island».
(45) In Article 18(1) —
(a) in point (a) —
(i) for “Union”, in the first place it occurs, substitute
«Island»;
(ii) omit “weighted”;
(iii) omit “national”; and
(iv) omit the second sentence;
(b) in point (b) for “Union”, in each place it occurs, substitute
«Island»; and
(c) in point (c) for “Union”, in each place it occurs, substitute
«Island».
(46) In Article 18(2) for “Union”, in both places it occurs, substitute
«Island».
(47) In Article 19 —
(a) for “Union”, in each place it occurs (including the heading),
substitute «Island»;
(b) omit “weighted”;
(c) omit “national”; and
(d) omit the second sentence.
(48) In Article 20 —
(a) for “Union”, in each place it occurs (including the heading),
substitute «Island»; and
(b) omit the words from “That average” to the end.
(49) In Article 21 —
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(a) for “Union”, in each place it occurs (including the heading),
substitute «Island»; and
(b) omit the words from “That average” to the end.
(50) In the heading of Section 2 of Chapter 3 for “Union” substitute
«Island».
(51) In Article 22 —
(a) for “Union”, in each place it occurs (including the heading),
substitute «Island»; and
(b) omit paragraph 2.
(52) In Article 23 —
(a) for “Union”, in each place it occurs (including the heading),
substitute «Island»; and
(b) omit paragraph 2.
(53) In Article 24 —
(a) for “Union”, in each place it occurs (including the heading),
substitute «Island»; and
(b) omit the second sentence.
(54) Omit Chapter 4.
(55) After Article 27 omit “This Regulation shall be binding in its entirety and
directly applicable in all Member States.”.
(56) In Annex 4 —
(a) in paragraph 1 of Part A —
(i) for “Member State concerned”, in both places it occurs,
substitute «appropriate authority»; and
(ii) omit the second, third and fifth sentences;
(b) omit Part B; and
(c) omit Part C.
(57) In Annex 5 —
(a) in Part A —
(i) n point 1(c) for “Member State” substitute «appropriate
authority»; and
(ii) in point 1(f) for “Commission” substitute «appropriate
authority»; and
(b) omit Part B.
SCHEDULE 3 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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6 Commission Implementing Regulation (EU) 2017/1184 amended
(1) Commission Implementing Regulation (EU) 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 carcasses and as regards the
reporting of market prices of certain categories of carcasses and live
animals36 is amended as follows.
(2) Before Article 1 insert —
«Article A1
Definitions
1. For the purposes of this Regulation ‘appropriate authority’ means the
Department of Environment, Food and Agriculture.».
(3) In Article 1(1)(c) —
(a) for “within the territory or a region of the Member State
concerned” substitute «the Island»; and
(b) for “national” substitute «Island’s».
(4) In Article 1(2) for “Member States may require” substitute «Nothing in
this Regulation prevents the appropriate authorities from requiring».
(5) In Article 2(2) omit “of a Member State”.
(6) In Article 3(1) omit “in a Member State”.
(7) In Article 3(2) —
(a) in the words before point (a) omit “in a Member State”; and
(b) in point (c) for “Member States” substitute «The appropriate
authority».
(8) In Article 5(1) for “Member States” substitute «appropriate authority».
(9) In Article 5(2) for “territory of a Member State” substitute «Island».
(10) Omit Article 6.
(11) In Article 7 omit “Union”.
(12) In Article 8(1) for “Member State”, in both places it occurs, substitute
«appropriate authority».
(13) In Article 8(2) —
(a) for “Member State”, in the first place it occurs, substitute «The
appropriate authority»; and
(b) for “that Member State”, in both places it occurs, substitute «the
appropriate authority».
36 Paragraph 24(3) of the Schedule to the retention regulations, as amended by 2019/0122.
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(14) In Article 9 omit “Union”.
(15) In Article 10 for “Member State”, in both places it occurs, substitute
«appropriate authority».
(16) In Article 11 for “Member State”, in both places it occurs, substitute
«appropriate authority».
(17) In Article 12 for “Member State”, in both places it occurs, substitute
«appropriate authority».
(18) In Article 13(1) —
(a) omit “in the Member State concerned”;
(b) for “a Member State” substitute «the appropriate authority»;
and
(c) for “that Member State” substitute «the appropriate authority».
(19) For Article 13(2) substitute —
«The appropriate authority may decide not to take the prices for flat-
rate purchases of carcasses of bovine animals aged eight months or
more into account in the calculations of prices. In such cases a
representative price for each class shall be calculated by the appropriate
authority, taking into account the factors referred to in Article 14 of
Delegated Regulation (EU) 2017/1182 and in Article 5 of this
Regulation.».
(20) In Article 14 for “Member State”, in both places it occurs, substitute
«appropriate authority».
(21) Omit Article 15.
(22) Omit Chapter 3.
(23) After Article 19 omit “This Regulation shall be binding in its entirety and
directly applicable in all Member States.”.
SCHEDULE 4 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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SCHEDULE 4
[Regulation 5(d)]
RETAINED DIRECT EU LEGISLATION CONCERNING ANIMAL MOVEMENTS
AND ANIMAL WELFARE AMENDED
PART 1
TRADE AND IMPORTATION OF ANIMALS, ANIMAL EMBRYOS, ANIMAL
SEMEN AND ANIMAL OVA
Commission Regulation (EC) No 599/2004 amended
(24) Commission Regulation (EC) No 599/2004 concerning the adoption of a
harmonised model certificate and inspection report linked to intra-
Community trade in animals and products of animal origin37 is amended
as follows.
(25) In Article 1 —
(a) for the first unnumbered paragraph substitute —
«1. Health certificates required to be used for imports from the
European Union, with the exception of health certificates for
registered equidae, must be presented on the basis of the standard
model certificates published by the appropriate authority from
time to time.
2. In paragraph 1 “the appropriate authority” means the
Department of Environment, Food and Agriculture.»;
(b) in the second unnumbered paragraph, for “These model
certificates” substitute —
«3. Health certificates must».
(26) Omit Article 2 and the Annex.
37 Paragraph 28(21) of the Schedule to the retention regulations, as amended by SD 2019/0122.
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PART 2
VETERINARY MEDICINAL PRODUCTS
7 Commission Implementing Decision 2011/630/EU amended
(1) Commission Implementing Decision of 20 September 2011 on imports
into the Union of semen of domestic animals of the bovine species
(2011/630/EU)38 is amended as follows.
(2) In Annex 1 —
(a) in the title of the Table, for “Member States are to authorise
imports of semen of domestic animals of the bovine species”
substitute «imports of semen of domestic animals of the bovine
species are to be authorised under Article 2»;
(b) in footnote 1, for “is set out in” substitute «shall be based, subject
to any changes that may be appropriate, on»;
(c) in footnote 2 —
(i) for “are set out in” substitute «shall be based, subject to
any changes that may be appropriate, on»; and
(ii) for “with”, in the first place that it occurs, substitute «as
modified by»; and
(d) in footnote 3, for the words from “a Member State “ to “Directive
64/432/EEC” substitute «the Island as being an ‘officially
tuberculosis-free bovine herd’ as described in paragraphs 1(a) to
(c) of Annex A to Council Directive 64/432/EEC».
38 Paragraph 29(3) of the Schedule to the retention regulations.
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SCHEDULE 5
[Regulation 5(e)]
RETAINED DIRECT EU LEGISLATION CONCERNING AQUACULTURE
AMENDED
Council Regulation (EC) No 708/2007 amended
(1) Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of
alien and locally absent species in aquaculture39 is amended as follows.
(2) In Article 2 —
(a) in paragraph 1, for “Union” substitute «Island»;
(b) in paragraph 2, for “Member States” substitute «the Island»;
(c) in paragraph 3, for “jurisdiction of Member States” substitute
«the Island»;
(d) omit paragraph 4, for the words from “Article 6” to the end
substitute «Article 4 of Regulation 1251/200840»;
(e) in paragraph 5 —
(i) for “Member States wish” substitute «the appropriate
authority wishes»; and
(ii) for “their territory” substitute «the Island»;
(f) in paragraph 6, for “Member States wish” substitute «the
appropriate authority wishes»; and
(g) in paragraph 7, in the second subparagraph —
(i) for “Member States” substitute «The appropriate
authority»;
(ii) for “their territory” substitute «the Island»; and
(iii) omit the last sentence.
(3) In Article 3 —
(a) for paragraph 1 substitute —
«1. “aquaculture” means the rearing or cultivation of aquatic
organisms using techniques designed to increase the production
of the organisms in question beyond the natural capacity of the
environment, where the organisms remain the property of a
natural or legal person throughout the rearing and culture stage,
up to and including harvesting;»;
39 Paragraph 30(1) of the Schedule to the retention regulation. 40 OJ L 337, 16.12.2008, p. 41.
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(b) in paragraph 8, before “Directive 2006/88/EC”, insert «retained
EU law»; and
(c) for paragraph 18 substitute —
«18. “the appropriate authority” means the Department.»;
and
(e) omit paragraph 19.
(4) In the heading to Chapter 2, omit “of the Member States”.
(5) In Article 4 —
(a) in paragraph 1, for “Member States” substitute «The appropriate
authority»; and
(b) in paragraph 2, for “authorities in the Member States” substitute
«authority».
(6) In Article 5 —
(a) for “Member States” substitute «The appropriate authority»;
and
(b) for “a Member State” substitute «the appropriate authority».
(7) In Article 6, omit “of the receiving Member State”.
(8) In Article 10, in paragraph 2, for “Member States which are signatories to
ICES” substitute «If the Isle of Man is a signatory to ICES, it».
(9) Omit Article 11.
(10) In Article 13 —
(a) in the heading, omit “Union”;
(b) in point (a), before “Directive”, insert «retained EU law which
transposed»; and
(c) in point (b), before “Council Directive”, insert «retained EU law
which transposed».
(11) In Article 15 —
(a) in paragraph 2, for “territory of the Union” substitute «Island»;
(b) omit paragraph 3; and
(c) in paragraph 4, omit «of the receiving Member State».
(12) In Article 19 —
(a) in the heading, omit “Union”; and
(b) in paragraphs (a) and (b), before “Directive”, in each place where
it appears, insert «retained EU law which transposed».
(13) In Article 21 —
(a) for “receiving Member State” substitute «competent authority»;
SCHEDULE 5 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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(b) omit “and subject to approval by the Commission”; and
(c) omit from “The request” to the end.
(14) In Article 23 —
(a) For the title “Register” substitute “Records”;
(b) in the first paragraph, for “Member States shall keep a register”
substitute «The appropriate authority shall keep records»; and
(c) omit the second and third paragraphs.
(15) In Article 24 —
(a) for paragraph 1 substitute —
«1. The appropriate authority may, by regulations —
(a) amend Annex 1, 2 or 3 in order to adapt them to technical and
scientific progress; and
(b) amend Annex 4 so as to add a species.»;
(b) omit paragraph 2;
(c) in paragraph 3 —
(i) for the words from “In order” to “have” substitute
«Regulations under paragraph 1(b) may only be made
where the appropriate authority is satisfied that the aquatic
organism has»; and
(ii) for “certain parts of the Union” substitute «the Island»;
(d) after paragraph 3 insert —
«3A. In paragraph 3, “long time (with reference to its life cycle)”
and “adverse effect” have the meanings given in Article 2 of
Commission Regulation (EC) No 535/2008.»; and
(e) omit paragraphs 4 to 6.
(3) Omit Articles 24a to 24c.
(4) Before Article 25 insert —
«Article 24d
Regulations
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or saving
provisions;
(b) provisions amending, repealing or revoking statutory documents
and retained direct EU legislation; or
(c) a combination of (a) and (b).
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2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(16) Omit Article 25.
(17) After Article 25, omit the words from “This Regulation” to “Member
States”.
(18) In Annex 3 —
(a) omit “in the Member State of its location”;
(b) for “of the receiving Member State” substitute «in the Island»;
(c) for “Member State” substitute «Island»; and
(d) in the second paragraph under the heading “Mortalities and
disposal”, for “and Member States” substitute «which».
SCHEDULE 6 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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Page 94 SD No.2019/0212 c
SCHEDULE 6
[Regulation 5(f)]
RETAINED DIRECT EU LEGISLATION CONCERNING DAIRY PRODUCTS
AMENDED
Commission Regulation (EU) No 605/2010 amended
(5) Commission Regulation (EU) No 605/2010 laying down animal and
public health and veterinary certification conditions for the introduction
into the European Union of raw milk, dairy products, colostrum and
colostrum-based products intended for human consumption, is amended
as follows.
(6) In Article 1 —
(a) number the text as paragraph 1;
(b) in paragraph 1 —
(i) in the first subparagraph, in points (a) and (b), for
“European Union”, substitute «Island» in each place;
and
(ii) in the second subparagraph, for “Union acts or in
agreements concluded by the Union with third countries”,
substitute «Isle of Man agreements with a third
country»; and
(c) after paragraph 1, insert —
«2. In this Regulation:
“the appropriate authority” means the Department of
Environment, Food and Agriculture;
“third country” means any country other than a member State or
the British Islands.».
(7) In Article 2, for “Member States”, substitute «The appropriate
authority».
(8) In Article 3, in the words before point (a), for “Member States”,
substitute «The appropriate authority».
(9) In Article 4 —
(a) in paragraph 1, in the words before point (a), for “Member
States”, substitute «The appropriate authority»; and
(b) in paragraph 2, in the words before point (a), for “Member
States”, substitute «The appropriate authority».
(10) In Article 5 —
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(a) for the first subparagraph, substitute —
«Consignments authorised for importation in accordance with
Articles 2, 3 and 4 must be accompanied by a health certificate as
published by the appropriate authority from time to time for the
commodity concerned and completed in accordance with any
accompanying explanatory notes.»;
(b) omit “agreed” and “harmonised at European Union level”.
(11) In Article 6 —
(a) in the words before point (a) —
(i) for “European Union”, substitute «Isle of Man» in each
place; and
(ii) for “the Union”, substitute «Isle of Man»;
(b) in point (b) —
(i) for “European Union”, substitute «Isle of Man»; and
(ii) for “point II.1 of the relevant model health certificate set
out in Part 2 of Annex II”, substitute «in the health
certificate as published by the appropriate authority from
time to time»;
(c) in point (c), for the words “drawn up” to the end, substitute
«completed in accordance with any accompanying explanatory
notes»; and
(d) in point (d), for “Union”, substitute «Isle of Man».
(12) Omit Articles 7 and 7a.
(13) In Article 8 —
(a) for “European Union” in each place, substitute «Isle of Man»;
and
(b) for “Articles 2, 3, 4, 6 or 7”, substitute «Articles 2, 3, 4 and 6».
(14) Omit Article 10 and the final paragraph of Article 11.
(15) In Annex 1, in the heading to the table and in footnote 1 to the table, for
“European Union” in each place, substitute «Isle of Man».
(16) Omit Annex 2.
SCHEDULE 7 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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Page 96 SD No.2019/0212 c
SCHEDULE 7
[Regulation 5(g)]
RETAINED DIRECT EU LEGISLATION CONCERNING FISHERIES AMENDED
8 Commission Delegated Regulation (EU) 2018/2034 amended
(1) Commission Delegated Regulation (EU) 2018/2034 establishing a discard
plan for certain demersal fisheries in North-Western waters for the
period 2019-202141 is amended as follows.
(2) In Article 1 for “Union” substitute «Isle of Man».
(3) In Article 5 —
(a) for paragraph 2 substitute —
«“2. If the fisheries administration has a direct management
interest in relation to the exemption provided for in paragraph 1 it
must annually assess the appropriateness of the exemption on the
basis of the best available scientific information.»; and
(b) in paragraph 3 for the words from “Member States” to the end,
substitute —
«If the fisheries administration has a direct management interest
in relation to this aspect of the exemption it must, as soon as
possible after exit day, assess its appropriateness on the basis of
the best available scientific information.».
(4) In Article 6(2), for the second and third sentences, substitute —
«If the fisheries administration has a direct management interest in
relation to these exemptions it must, as soon as possible after exit day,
assess their appropriateness on the basis of the best available scientific
information.».
(5) In Article 7 for “Union” substitute “Isle of Man”.
(6) In Article 8(2) for the second and third sentences, substitute —
«If the fisheries administration that has a direct management interest in
relation to these exemptions it must, as soon as possible after exit day,
assess their appropriateness on the basis of the best available scientific
information.».
(7) In Article 9(5) for “the STECF” substitute «the fisheries
administration».
(8) In Article 10(5) for “the STECF” substitute «a fisheries administration».
(9) For Article 11 substitute —
41 Paragraph 39(5) of the Schedule to the retention regulations.
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«Article 11
Application
This Regulation applies until 31 December 2021.».
9 Council Regulation (EU) 2018/2025 amended
(1) Council Regulation (EU) 2018/2025 fixing for 2019 and 2020 the fishing
opportunities for Union fishing vessels for certain deep-sea fish stocks42
is amended as follows.
(2) Omit Article 1.
(3) In Article 2 —
(a) in paragraph 1 —
(i) omit point (a);
(ii) for point (b) substitute —
«(b) ‘catch quota’ means the maximum quantity of sea
fish that may be caught by Isle of Man fishing vessels as
determined by the United Kingdom Secretary of State;»;
(iii) in point (c) for “State” substitute «state or country»; and
(iv) omit point (d); and
(b) in paragraph 2 omit point (b).
(4) Omit Articles 3 to 5.
(5) For Article 6 substitute —
«Article 6
Conditions for landing catches and bycatches
Where an Isle of Man fishing vessel makes a catch that is —
(a) not subject to the landing obligation established under Article 15 of
Regulation (EU) No 1380/2013; and
(b) subject to catch quota,
that catch may only be retained on board or landed if the fishing vessel
has been allocated a proportion of the relevant catch quota and that
allocation has not been exhausted.».
(6) In Article 7 —
(a) in paragraph 1 for “Union” in both places it occurs, substitute
«Isle of Man»; and
(b) in paragraph 2 —
42 Paragraph 39(6) of the Schedule to the retention regulations.
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(i) for “Union” in each place it occurs, substitute «Isle of
Man»; and
(ii) omit the words from “, with the exception of cases” to the
end.
(7) Omit Articles 8 and 9.
(8) In the Annex —
(a) in Part 1, omit paragraph 1 and the table immediately following it;
and
(b) omit Part 2.
10 Council Regulation (EU) 2019/124 amended
(1) Council Regulation (EU) 2019/124 fixing for 2019 the fishing
opportunities for certain fish stocks and groups of fish stocks, applicable
in Union waters and, for Union fishing vessels, in certain non-Union
waters43 is amended as follows.
(2) Omit Article 1.
(3) In Article 2(1) —
(a) in point (a) for “Union” substitute «Isle of Man»; and
(b) in point (b) for “Union” substitute «Isle of Man».
(4) In Article 3 —
(a) in point (c) for “State” substitute «any country or state»;
(b) for point (e) substitute —
«(e) ‘catch quota’ means the maximum quantity of sea fish that
may be caught by Isle of Man fishing vessels as determined by the
United Kingdom Secretary of State;»; and
(c) omit points (f) and (h).
(5) In Article 4 —
(a) omit points (b) to (l); and
(b) omit points (p) to (u).
(6) In the heading to Title 2 for “Union” substitute «Isle of Man».
(7) Omit Articles 5 and 6.
(8) In Article 7 for paragraph 1 substitute —
«1. Where an Isle of Man fishing vessel makes a catch that is —
43 Paragraph 39(7) of the Schedule to the retention regulations.
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(a) not subject to the landing obligation established under Article 15 of
Regulation (EU) No 1380/2013; and
(b) subject to catch quota,
that catch may only be retained on board or landed if the fishing vessel
has been allocated a proportion of the relevant catch quota and that
allocation has not been exhausted.».
(9) Omit Articles 8 and 9.
(10) In Article 10 —
(a) in paragraph 1 for “Union” substitute «Isle of Man»;
(b) in paragraph 2 —
(i) in the wording before point (a) for “Union” substitute
«Isle of Man»; and
(ii) in the final subparagraph —
(A) for “Union” in the first two places it occurs,
substitute «Isle of Man»;
(B) for “Member States may” substitute “the fisheries
administration must”;
(C) omit “Union” in the final place it occurs;
(D) after “fishing vessels” in the final place it occurs,
insert «in its fleet»;
(E) for “their” substitute «its»; and
(F) for “do” substitute «does»;
(c) in paragraph 3 —
(i) for “Union” substitute «Isle of Man»; and
(ii) omit the final sentence; and
(d) omit paragraph 4.
(11) Omit Article 11.
(12) Omit Article 12.
(13) In Article 13(2) for “Union” substitute «United Kingdom».
(14) In Article 14(1) —
(a) in the words before point (a), for “Union” substitute «Isle of
Man»;
(b) in points (a), (c), (d), (f), (g), (i), (o) and (q) for “Union” substitute
«United Kingdom»;
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(c) in points (h), (j), (k), (p), (t), (u) and (v) for “Union” substitute
«Isle of Man»; and
(d) in point (w) for “Union” substitute «United Kingdom and Isle of
Man».
(15) Omit Article 15.
(16) Omit Chapter 2 of Title 2.
(17) Omit Section 1 of Chapter 3 of Title 2.
(18) In Article 18(7) for “Union” substitute «Isle of Man».
(19) In Article 24 —
(a) for paragraphs 1 and 2 substitute —
«1. No Isle of Man fishing vessels may fish for tropical tunas in
the IOTC Area of Competence.
2. The maximum number of Isle of Man fishing vessels fishing for
swordfish (Xiphias gladius) and albacore (Thunnas alalunga) in
the IOTC Area of Competence and the corresponding capacity in
gross tonnage are as determined by the United Kingdom
Secretary of State.»;
(b) omit paragraph 3;
(c) in paragraph 4 —
(i) for “Member States shall” substitute «The fisheries
administration must»; and
(ii) for “their” substitute «its»; and
(d) in paragraph 5 —
(i) for “Member States” substitute «The fisheries
administration with agreement of the United Kingdom
Secretary of State»; and
(ii) for “their” substitute «its».
(20) In Article 25 —
(a) in paragraph 2 —
(i) omit “, all flying the flag of the same Member State”, and
(ii) for “Member States” substitute «the fisheries
administration»;
(b) omit paragraph 3; and
(c) in paragraph 4 for “the Union shall” substitute «the fisheries
administration must».
(21) In Article 26(2) —
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(a) for “Member State whose flag they fly” substitute «Isle of
Man»; and
(b) for “local” substitute «Isle of Man».
(22) Omit Sections 5 to 11 of Title 2.
(23) Omit Titles 3 and 4.
(24) In the List of Annexes —
(a) for the description of Annex 1 substitute «Non-target species»;
(b) omit the entries for Annexes 1A to 1C;
(c) omit the entries for Annexes 1F to 1J;
(d) omit the entries for Annexes 1L – 3; and
(e) omit the entries for Annexes 6, 7 and 8.
(25) In Annex 1 —
(a) for the heading substitute —
«NON-TARGET SPECIES»;
(b) for the first paragraph substitute —
«The table identifies the stocks of non-target species within safe
biological limits referred to in Article 15(8) of Regulation (EU)
1380/2013 for the purposes of the derogation from the obligation
to count catches against the relevant quotas provided for in that
Article.»; and
(c) omit the second and third paragraphs.
(26) Omit Annexes 1A to 1C.
(27) Omit Annexes 1F to 1J.
(28) Omit Annexes 1L to 3.
(29) Omit Annexes 6, 7 and 8.
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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SCHEDULE 8
[Regulation 5(h)]
RETAINED DIRECT EU LEGISLATION CONCERNING FOOD LABELLING
AMENDED
PART 1
BEEF AND VEAL LABELLING
11 Commission Regulation (EC) No 1825/2000 amended
(1) Commission Regulation (EC) No 1825/2000 of 25 August 2000 laying
down detailed rules for the application of Regulation (EC) No 1760/2000
of the European Parliament and of the Council as regards the labelling of
beef and beef products44 is amended as follows.
(2) In Article 1 —
(a) in the first paragraph, for “the third indent of Article 12”
substitute «Article 12(3)»; and
(b) in the second paragraph, for “Articles 13(1) and 16(2)” substitute
«Article 13(1)».
(3) In Article 1a, at the end insert —
«(i) third country’ means any country or territory other than:
(i) the United Kingdom;
(ii) the Bailiwick of Jersey;
(iii) the Bailiwick of Guernsey;
(iv) the Isle of Man.».
(4) In Article 2(1) —
(a) in point (a) for “Article 10(1) of Council Directive 64/433/EEC”
substitute «Article 3(3) of Regulation (EC) No 854/2004»; and
(b) omit the second subparagraph.
(5) In Article 2(2) —
(a) omit point (a); and
(b) in point (b) —
(i) for “Community” substitute «Island from a third
country»; and
44 Paragraph 42(2) of the Schedule to the retention regulations.
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(ii) for “EC” substitute «IM».
(6) After Article 2(2) insert —
«3. By way of derogation from paragraph 2(b), meat:
(a) derived from animals that are, before exit day, imported live into the
United Kingdom or the Island from a third country, and
(b) labelled in accordance with paragraph 2(b), as it had effect
immediately before exit day,
may be placed on the market until 31 December 2020, and may remain
on the market until stocks are exhausted.
4. Meat:
(a) derived from animals imported live into the EU (provided that such
animals are not subsequently imported live into the United Kingdom or
the Island on or after exit day), and
(b) labelled in accordance with paragraph 2(b), as it had effect
immediately before exit day,
may be placed on the market until 31 December 2020, and may remain
on the market until stocks are exhausted.».
(7) In Article 3 —
(a) omit “Member State or third”, in each place it occurs; and
(b) omit “Member States or third”.
(8) In Article 5(2) —
(a) in point (a) omit “as from 1 September 2000,”;
(b) omit point (b);and
(c) in point (c) omit “as from 1 January 2002,”.
(9) In Article 5a omit “Member State or third”, in each place it occurs.
(10) In Article 5b omit “Member State or third”, in both places it occurs.
(11) Omit Article 6.
(12) In Article 7(1) —
(a) omit “the experts of the Commission,”; and
(b) omit the words from “and the relevant” to “Regulation (EC) No
1760/2000,”.
(13) In Article 7(2) —
(a) omit the words from “and, in the case” to “control body”; and
(b) omit the words from “which” to “concerned”.
(14) Omit Article 7(3).
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(15) In Article 7(4) for “, organisations and independent control bodies”
substitute «and organisations».
(16) Omit Articles 8 to 12.
(17) In Article 13 omit the second paragraph.
(18) In Article 14 omit the second paragraph.
(19) After Article 14 omit “This Regulation shall be binding in its entirety and
directly applicable in all Member States.”.
12 Commission Regulation (EC) No 566/2008 amended
(1) Commission Regulation (EC) No 566/2008 of 18 June 2008 laying down
detailed rules for the application of Council Regulation (EC) No
1234/2007 as regards the marketing of the meat of bovine animals aged
12 months or less45 is amended as follows.
(2) In Article 1 for “Article 113b of Regulation (EC) No 1234/2007” substitute
«Article 78(1)(a) of, and Part I of Annex VII to, Regulation (EU) No
1308/2013».
(3) For Article 2, substitute —
«Article 2
Definitions
1. For the purposes of this Regulation, the following definitions shall
apply:
(a) ‘competent authority’ means any authority appointed by the
appropriate authority competent for the organisation of official checks
referred to in point VI of Part I of Annex VII to Regulation (EU) No
1308/2013; it shall also include, where appropriate, the corresponding
authority of a third country;
(b) ‘relevant authority’ means the Department of Environment, Food
and Agriculture;
(c) ‘third country’ means any country or territory other than:
(i) the United Kingdom;
(ii) the Bailiwick of Jersey;
(iii) the Bailiwick of Guernsey;
(iv) the Isle of Man.».
(4) After Article 2 insert —
«Article 2a
45 Paragraph 42(3) of the Schedule to the retention regulations.
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Definition of appropriate authority
1. For the purposes of this Regulation, ‘appropriate authority’ means the
Department of Environment, Food and Agriculture.».
(5) In Article 3 for “point II of Annex XIa to Regulation (EC) No 1234/2007”
substitute «point II of Part I of Annex VII to Regulation (EU) No
1308/2013».
(6) In Article 4(1)— —
(a) for “point IV of Annex XIa to Regulation (EC) No 1234/2007”
substitute “point IV of Part I of Annex VII of Regulation (EU) No
1308/2013”;
(b) for “point II of Annex XIa to that Regulation” substitute «point II
of Part I of Annex VII to that Regulation»; and
(c) for the fifth subparagraph substitute —
«However, nothing in this Regulation prevents the appropriate
authority from determining other positions on each quarter.».
(7) In Article 4(2) for “point IV of Annex XIa to Regulation (EC) No
1234/2007” substitute «point IV of Part I of Annex VII of Regulation
(EU) No 1308/2013».
(8) Omit Article 4(3).
(9) In Article 5 —
(a) for “point VI of Annex XIa to Regulation (EC) No 1234/2007”
substitute «point V of Part I of Annex VII of Regulation (EU) No
1308/2013»; and
(b) for “point I of Annex XIa to that Regulation” substitute “point I of
Part I of Annex VII to that Regulation”.
(10) In Article 6(1) —
(a) for “point VII of Annex XIa to Regulation (EC) No 1234/2007”
substitute “point VI of Part I of Annex VII of Regulation (EU) No
1308/2013”; and
(b) for “point II of Annex XIa to that Regulation” substitute «point II
of Part I of Annex VII to that Regulation».
(11) In Article 6(2) for the words from “European Standard EN 45011” to the
end substitute «ISO/IEC 17065 (Requirements for bodies certifying
products, processes and services)».
(12) In Article 6(3) —
(a) for “Commission”, in the first place it occurs, substitute «the
relevant authority»; and
(b) omit the second subparagraph.
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(13) In Article 6(6) —
(a) for “Regulation (EC) No 1234/2007” substitute «Regulation (EU)
No 1308/2013»; and
(b) omit “the experts of the Commission,”.
(14) Article 7 is amended in accordance with subparagraphs (15) to (19).
(15) In paragraph 1 —
(a) for “point VIII of Annex XIa to Regulation (EC) No 1234/2007”
substitute «paragraph 5 of point VI of Part I of Annex VII to
Regulation (EU) No 1308/2013»; and
(b) for “point VIII of Annex XIa to that Regulation”, in both places it
occurs, substitute «point VI of Part I of Annex VII to that
Regulation».
(16) In paragraph 2 —
(a) for “point VIII of Annex XIa to Regulation (EC) No 1234/2007”
substitute «paragraph 5 of point VI of Part I of Annex VII to
Regulation (EU) No 1308/2013»; and
(b) for the words from “European Standard EN 45011” to the end
substitute «ISO/IEC 17065 (Requirements for bodies certifying
products, processes and services)».
(17) In paragraph 3 —
(a) for “Commission”, in both places it occurs, substitute
«appropriate authority»;
(b) for “Community”, substitute «Island»;
(c) at the end of the second subparagraph insert —
«Notifications made before exit day to the Commission of the
European Union under this paragraph, as it had effect
immediately before exit day, are deemed to have been made to
the Department of Environment, Food and Agriculture.»;
(d) omit the third subparagraph; and
(e) at the end insert —
«By way of derogation from the second subparagraph, in
relation to a member State, the notification referred to in the first
subparagraph shall be made on or before 30 June 2019 or before
the first consignment of meat of each individual operator is
imported into the Island after exit day (whichever is later) and
thereafter within one month after any changes in the information
to be notified.».
(18) In paragraph 4 —
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(a) in the first subparagraph —
(i) for the words from “Upon request” to “initiative, the
Commission” substitute «The appropriate authority»;
and
(ii) for “Regulation (EC) No 1234/2007” substitute
«Regulation (EU) No 1308/2013»; and
(b) in the second subparagraph, for “Commission”, in both places it
occurs, substitute «appropriate authority»;
(19) In paragraph 5 —
(a) for “Regulation (EC) No 1234/2007”, in the first and third places it
occurs, substitute «Regulation (EU) No 1308/2013»;
(b) for “Commission”, substitute «appropriate authority»; and
(c) omit “, in accordance with the procedure referred to in Article
195(2) of Regulation (EC) No 1234/2007,”.
(20) For the heading of Article 8 substitute «Follow-up measures».
(21) Omit Article 8(1).
(22) Omit Article 8(2).
(23) For Article 8(3) substitute —
«3. Where an appropriate authority has evidence that meat referred to
in point I of Part I of Annex VII to Regulation (EU) No 1308/2013 and
imported from a third country as referred to in paragraph 5 of point VI
of Part I of Annex VII to that Regulation does not comply with
requirements laid down in either Regulation (EU) No 1308/2013 or this
Regulation, the appropriate authority shall take whatever measures and
action are required to solve the non-compliance.
In particular, the appropriate authority shall require the removal of the
meat concerned from the market until it is re-labelled in conformity
with Regulation (EU) No 1308/2013 and this Regulation.».
(24) Omit Article 9.
(25) After Article 10 omit “This Regulation shall be binding in its entirety and
directly applicable in all Member States.”.
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PART 2
FOOD INFORMATION REGULATIONS
13 Regulation (EU) No 1169/2011 amended
(1) Regulation (EU) No 1169/2011 of the European Parliament and of the
Council of 25 October 2011 on the provision of food information to
consumers, amending Regulations (EC) No 1924/2006 and (EC) No
1925/2006 of the European Parliament and of the Council, and repealing
Commission Directive 87/250/EEC, Council Directive 90/496/EEC,
Commission Directive 1999/10/EC, Directive 2000/13/EC of the European
Parliament and of the Council, Commission Directives 2002/67/EC and
2008/5/EC and Commission Regulation (EC) No 608/200446 is amended as
follows.
(2) In Article 1 —
(a) in paragraph 1 omit the words from “whilst” to the end;
(b) in paragraph 3, in the second subparagraph, for the words from
“on the territories” to the end substitute «from the Island»; and
(c) in paragraph 4, for “Union provisions” substitute «provisions in
retained EU law and retained direct EU legislation».
(3) In Article 2(2) —
(a) in point (b), for “the Union provisions” substitute «retained EU
law or retained direct EU legislation»;
(b) in point (c), for “Union provisions” substitute «retained EU law
or retained direct EU legislation»;
(c) for point (n) substitute —
«(n) ‘legal name’, in relation to a food, means the name
prescribed for it in retained EU law or retained direct EU
legislation or, in the absence of such legislation, any other
enactment;»;
(d) in point (o), for “Member State in which that food is sold”
substitute «British Islands»; and
(e) after point (u) insert —
«(v) ‘the appropriate authority’ means the Department of Environment,
Food and Agriculture;
(w) ‘enactment’ includes enactments of the type specified in section 16 of
the Interpretation Act 2015 but not retained direct EU legislation.».
46 Paragraph 44(1) of the Schedule to the retention regulations.
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(4) In Article 3 —
(a) in paragraph 2, for the words from the beginning to “taking”
substitute «Regulations must take»;
(b) in paragraph 3, for “food information law establishes” substitute
«regulations establish»; and
(c) in paragraph 4, after “consultation” insert «(so far as not already
required by Article 9 of Regulation (EC) No 178/2002)».
(5) Omit Article 5.
(6) In Article 7(3), for “Union law” substitute «retained EU law or retained
direct EU legislation».
(7) In Article 9 —
(a) in paragraph 3 —
(i) in the first subparagraph, for the words from “the
Commission” to “referred to in” substitute «regulations
are made under»; and
(ii) in the second subparagraph —
(A) for “, the Commission, taking into account”
substitute «and»; and
(B) for the words from “, may establish” to “Article 51,”
substitute «is taken into account, regulations may
be made to establish»; and
(b) in paragraph 4 —
(i) for “the Commission may adopt implementing acts”
substitute «regulations may be made»; and
(ii) omit the second sentence.
(8) In Article 8, in each of paragraphs 2, 3 and 5, for “relevant national
provisions” substitute «any other relevant enactment».
(9) In Article 10(2) —
(a) in the first subparagraph, for the words from “the Commission”
to the end substitute «regulations may amend Annex 3.»; and
(b) omit the second subparagraph.
(10) In Article 12 —
(a) in paragraph 3 —
(i) for “, the Commission, taking into account” substitute
«and»; and
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(ii) for the words from “, may establish” to “Article 51,”
substitute «is taken into account, regulations may
establish»; and
(b) in paragraph 4 —
(i) for “the Commission may adopt implementing acts”
substitute «regulations may be made»; and
(ii) omit the second sentence.
(11) In Article 11, for “Union provisions” substitute «provisions in retained
EU law or retained direct EU legislation».
(12) In Article 13 —
(a) in paragraph 1, for “the national measures adopted under Article
44(2)” substitute «enactments referred to in Article 44(2) relating
to the presentation of mandatory particulars for food to which
that Article applies»;
(b) in paragraph 2, for “Union provisions” substitute «provisions in
retained EU law or retained direct EU legislation»; and
(c) in paragraph 4 —
(i) in the first subparagraph, for the words from “the
Commission” to “Article 51,” substitute «regulations may
be made to»; and
(ii) in the second subparagraph, for the words from “the
Commission” to “Article 51,” substitute «regulations may
be made to».
(13) In Article 15 —
(a) in paragraph 1, for the words from “a language” to the end
substitute «English»;
(b) omit paragraph 2; and
(c) in paragraph 3, for “Paragraphs 1 and 2” substitute “«Paragraph
1».
(14) In Article 16 —
(a) in paragraph 3, for “Union provisions” substitute «provisions in
retained EU law or retained direct EU legislation»; and
(b) in paragraph 4 —
(i) in the first subparagraph, for “Union provisions”
substitute «provisions in retained EU law or retained
direct EU legislation»; and
(ii) omit the second and third subparagraphs.
(15) Omit Article 17(2) and (3).
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(16) In Article 21(1), for “the rules adopted under Article 44(2)” substitute
«enactments referred to in Article 44(2) relating to the presentation of
mandatory particulars for food to which Article 44 applies».
(17) In Article 19(2), for the words from “the Commission” to “Article 51,”
substitute «regulations may be made, in exceptional cases, to».
(18) In Article 21(2) —
(a) in the first subparagraph, for the words from “Commission” to
the end substitute «appropriate authority must systematically re-
examine the list in Annex 2. Where considered necessary by the
appropriate authority, that list must be updated by regulations»;
and
(b) omit the second subparagraph.
(19) In Article 23(2) —
(a) for “the Commission may” substitute «regulations may be made
to»; and
(b) omit the words from “, by means” to “Article 51,”.
(20) In Article 24(3) —
(a) for “the Commission may adopt implementing acts” substitute
«regulations may be made»; and
(b) omit the second sentence.
(21) In Article 26 —
(a) in paragraph 1, for the words from “Union provisions” to the end
substitute «provisions in retained EU law or retained direct EU
legislation, in particular Regulation (EU) No 1151/2012 of the
European Parliament and of the Council on quality schemes for
agricultural products and foodstuffs»;
(b) in paragraph 2(b), for the words from “shall be” to the end
substitute «is subject to Commission Implementing Regulation
(EU) No 1337/2013 laying down rules for the application of
Regulation (EU) No 1169/2011 of the European Parliament and of
the Council as regards the indication of the country of origin or
place of provenance for fresh, chilled and frozen meat of swine,
sheep, goats and poultry and any regulations made under
paragraph 8»;
(c) in paragraph 3, for the second subparagraph substitute —
«The application of the first subparagraph is subject to any
regulations made under paragraph 8 concerning the application
of that subparagraph.»;
(d) omit paragraphs 4 to 7;
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(e) for paragraph 8 substitute —
«8. Regulations may be made:
(a) concerning the application of paragraphs 2(b) and 3;
(b) to revoke Regulation (EU) No 1337/2013.» and
(f) omit paragraph 9.
(22) In Article 27(2) —
(a) for “The Commission may adopt implementing acts” substitute
«Regulations may be made»; and
(b) omit the second sentence.
(23) In Article 28(1), for “Union provisions” substitute «provisions in
retained EU law or retained direct EU legislation».
(24) In Article 29 —
(a) in paragraph 1, for points (a) and (b) substitute —
«(a) the Food Supplements Regulations 200847;
(b) the Natural Mineral Water, Spring Water and Bottled Drinking
Water Regulations 200948.»; and
(b) omit paragraph 2.
(25) In Article 30 —
(a) in paragraph 6, for the words from “the Commission” to “Article
51,” substitute «regulations may»; and
(b) omit paragraph 7.
(26) In Article 31 —
(a) in paragraph 2 —
(i) for the words from the beginning to “conversion factors”
substitute «Regulations may amend Annex 14 to require
specified conversion factors to be used»; and
(ii) omit the second sentence; and
(b) in paragraph 4, in the second subparagraph —
(i) for “The Commission may adopt implementing acts
setting” substitute «Regulations may set»; and
(ii) omit the second sentence.
(27) In Article 33(5), for the words from “the Commission” to the end
substitute «regulations may regulate the way in which per portion and
47 SD 898/08 48 SD 405/09
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per consumption unit indications are to be expressed for specific
categories of food. The actual consumption behaviour of consumers as
well as dietary recommendations must be taken into account when
making such regulations».
(28) In Article 34 —
(a) in paragraph 5, in the second subparagraph —
(i) for “the Commission may adopt implementing acts
regarding” substitute «regulations may be made relating
to»; and
(ii) omit the second sentence.
(b) in paragraph 6 —
(i) for “the Commission may adopt implementing acts
setting” substitute «regulations may set»; and
(ii) omit the second sentence.
(29) In Article 35 —
(a) in paragraph 2 —
(i) in the first sentence, for “Member States” substitute «The
appropriate authority»; and
(ii) omit the second sentence;
(b) in paragraph 3 —
(i) in the first subparagraph, for “Member States shall ensure
an appropriate monitoring” substitute «The appropriate
authority may monitor the use»; and
(ii) in the second subparagraph —
(A) at the beginning insert «Nothing in this Regulation
prevents the appropriate authority from making
regulations, so as»;
(B) for “Member States may require” substitute
«requiring»;
(C) omit “in their territory”; and
(D) after “competent authority” insert «specified in
those regulations»;
(c) omit paragraphs 4 and 5; and
(d) in paragraph 6 —
(i) for “the Commission shall adopt implementing acts”
substitute «regulations may be made»; and
(ii) omit the second sentence.
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(30) In Article 36 —
(a) in paragraph 3 —
(i) in the first subparagraph, in the words before point (a), for
“The Commission shall adopt implementing acts”
substitute «Regulations may be made»; and
(ii) omit the second subparagraph; and
(b) in paragraph 4, for the words from “the Commission” to “Article
51,” substitute «regulations may».
(31) For Article 38 substitute —
«Article 38
Subordinate legislation
Any provision in this Regulation that relates to any specific matter has
the effect on and after exit day of preventing the making of any
enactment in subordinate legislation (within the meaning of the
Interpretation Act 2015) relating to the same matter unless the making of
such an enactment is authorised by this Regulation or by other retained
direct EU legislation.».
(32) In Article 39 —
(a) in paragraph 1, in the words before point (a), for the words from
“Member States” to “measures” substitute «nothing in this
Regulation prevents the appropriate authority from making
regulations»; and
(b) in paragraph 2 —
(i) for “paragraph 1, Member States” substitute «regulations
referred to in paragraph 1, the appropriate authority»;
and
(ii) for the second sentence substitute—
«It is a condition of making such regulations that the
appropriate authority considers that the majority of
consumers in the territory to which the measures would
apply attach significant value to the provision of that
information.».
(33) In Article 40 —
(a) renumber the unnumbered paragraph as paragraph 1;
(b) in paragraph 1, as renumbered, for the words from the beginning
to “Article 10(1)” substitute «Nothing in this Regulation prevents
the appropriate authority from making regulations derogating
from any of the provisions specified in paragraph 2»; and
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(c) for the second unnumbered paragraph substitute —
«2. The specified provisions are:
(a) Article 9(1), except for Article 9(1)(e), and
(b) Article 10(1).
3. Nothing in this Regulation prevents the appropriate authority
from making regulations derogating from Article 9(1)(e) in the
case of milk and milk products presented in glass bottles intended
for reuse.».
(34) Omit Article 41.
(35) In Article 42 —
(a) in the first paragraph —
(i) for “Union provisions referred to in” substitute «any
regulations made under»; and
(ii) for the words from “Member States” to the end substitute
«the measures in the legislation specified in the second
paragraph concerning the expression of net quantity for
specified foods in a different manner to that provided for
in Article 23(1) may be maintained»;
(b) after the first paragraph insert —
«The specified legislation is the Weights and Measures (Foods)
Order 200549.»; and
(c) omit the last paragraph.
(36) In Article 43 —
(a) in the first paragraph, for the words from “adoption” to
“measures” substitute «making of regulations under Article
36(3)(c), nothing in this Regulation prevents the appropriate
authority from making regulations»; and
(b) omit the second paragraph.
(37) In Article 44 —
(a) in paragraph 1, for point (b) substitute —
«(b) the provision of the particulars specified in Articles 9(1)(e) is
not mandatory but nothing in this Regulation prevents
regulations from being made to make the provision of those
particulars mandatory;
(c) the provision of the other particulars specified in Articles 9(1)
and 10 is not mandatory but nothing in this Regulation prevents
49 SD 98/2005
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regulations from being made to make the provision of those
particulars, or some of those particulars, mandatory.»;
(b) in paragraph 2, for “Member States may adopt national
measures” substitute «Nothing in this Regulation prevents the
appropriate authority from making regulations»; and
(c) omit paragraph 3.
(38) Omit Article 45.
(39) In Article 46, for the words from “the Commission” to “Article 51,”
substitute «regulations may».
(40) Omit Articles 47 and 48.
(41) For Article 51 substitute —
«Article 51
Regulations
1. The power to make regulations is exercisable by the appropriate
authority.
2. Regulations made by the appropriate authority under these
Regulations may contain —
(a) consequential, incidental, supplementary, transitional or
saving provision (including provision amending, repealing or
revoking enactments);
(b) provisions amending, repealing or revoking statutory
documents and retained direct EU legislation; or
(c) a combination of (a) and (b).
3. Tynwald procedure —
(a) for paragraph 1(a) – negative;
(b) for paragraph 1(b) or 1(c) – approval required.».
(42) Omit Article 52.
(43) After Article 55 omit the words from “This Regulation” to “Member
States.”.
(44) In Annex 6 —
(a) in Part A —
(i) in point 3, for the words from “one of the” to the end
substitute «the indication ‘irradiated’ or ‘treated with
ionising radiation’»; and
(ii) in point 7, for the words from “in Bulgarian” to the end
substitute «‘formed meat’ and ‘formed fish’»; and
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(b) in Part B, for point 3 substitute —
«3. Minced meat that does not comply with the criteria laid down in
point 1 of this Part may be placed on the market if either mark in Part 1
of Schedule 2 to the Food Information Regulations 201450 is used to
identify the minced meat in accordance with regulation 5 of those
Regulations».
(45) In Annex 7 —
(a) in Part B, in the table, in entry 16, for “Annex XIb to Regulation
(EC) No 1234/2007” substitute «Part 2 of Annex 7 to Regulation
(EU) No 1308/2013 of the European Parliament and of the Council
establishing a common organisation of the markets in agricultural
products»; and
(b) in Part E, in point 2 —
(i) in point (a), for “current Union provisions” substitute
«retained EU law in force or retained direct EU legislation
in force»; and
(ii) in point (c), for “Union provisions” substitute «retained
EU law in force or retained direct EU legislation in force».
(46) In Annex 8, in point 1 —
(a) in point (a) —
(i) in point (ii), for “Union provisions” substitute «retained
EU law or retained direct EU legislation»; and
(ii) in point (iv), omit “in the country of marketing”; and
(b) in point (b), for “Union provisions stipulate” substitute «retained
EU law or retained direct EU legislation stipulates».
(47) In Annex 9, in point 2, for the words from “Union” to “national
provisions” substitute «retained EU law or retained direct EU
legislation or, where there is none, another enactment».
(48) In Annex 10, in point 1(d), in the words before the first indent, for
“Union provisions” substitute «provisions in retained EU law or
retained direct EU legislation».
50 SD 2014/0377
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PART 3
ORGANIC PRODUCTS
14 Council Regulation (EC) No 834/2007 amended
(1) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic
production and labelling of organic products and repealing Regulation
(EEC) No 2092/9151 is amended as follows.
(2) In Article 1 —
(a) in the second subparagraph of paragraph 3 —
(i) for the words “Member States” to “thereof” substitute
«The relevant authority may apply, in the absence of
legislation,»;
(ii) omit the words “,in so far” to the end;
(b) in paragraph 4 —
(i) omit “community provisions or national”;
(ii) for “Community law” substitute «retained EU law».
(3) In Article 2 —
(a) in point (l), for the words from “Article” to the end substitute
«Article 2(2)(e) of Regulation (EU) No 1169/2011»;
(b) in point (n), for “a Member State” substitute «the Island»;
(c) in point (o), for “a Member State” substitute «the Island»;
(d) in point (r), for “Article 6(4) of Directive 2000/13/EC” substitute
«Article 2(2)(f) of Regulation (EU) No 1169/2011»;
(e) in point (s), for the words from “Council” to the end of the
paragraph substitute «Regulation (EC) No 1107/2009»;
(f) after point (aa) insert —
«(bb) ‘third country’ means any country or territory other than:
(i) the United Kingdom,
(ii) the Bailiwick of Guernsey,
(iii) the Bailiwick of Jersey, or
(iv) the Isle of Man;
(cc) ‘relevant authority’ means the Department of Environment,
Food and Agriculture;
51 Paragraph 48(1) of the Schedule to the retention regulations.
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(dd) ‘appropriate authority’ has the meaning given in Article
38a.».
(4) In Article 5 —
(a) in point (o) omit the words from “of fisheries as” to “Fisheries
Policy”;
(b) after point (o) insert —
«In this paragraph, “sustainable exploitation” means the
exploitation of a stock in such a way that does not prejudice the
future exploitation of the stock and does not have a negative
impact on marine eco-systems».
(5) In Article 9 —
(a) at the end of paragraph 2 insert as a new subparagraph —
«For the purposes of this paragraph, requirements in Directive
2001/18/EC52 imposed on Member States are to be read as imposing
requirements on the appropriate authority»; and
(b) in paragraph 4 —
(i) for “Commission shall decide on” substitute «appropriate
authority may by regulations impose»; and
(ii) omit the words from “in accordance” to the end.
(6) In Article 11, in the second subparagraph, omit the words from “in
accordance” to “Article 37(2),”.
(7) In Article 12(3), for the words from “shall be” to the end substitute
«may be adopted by the appropriate authority by regulations».
(8) In Article 13(3), for the words from “shall be” to the end substitute
«may be adopted by the appropriate authority by regulations».
(9) In Article 14 —
(a) in paragraph 1 —
(i) in subparagraph (b)(iii) for “Community legislation”
substitute «retained EU law»; and
(ii) in subparagraph (e)(iv) for “Community legislation”
substitute «retained EU law»; and
(b) in paragraph 2, for the words from “shall be” to the end substitute
«may be adopted by the appropriate authority by regulations».
(10) In Article 15 —
(a) in paragraph 1(f)(iv), for “Community legislation” substitute
«retained EU law»; and
52 OJ No L 106, 17.4.2001, p. 1.
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(b) in paragraph 2, for the words from “shall be” to the end substitute
«may be adopted by the appropriate authority by regulations».
(11) In Article 16 —
(a) in paragraph 1 —
(i) in the first subparagraph, for the words from “Commission
shall” to “Article 37(2)” substitute «appropriate authority
may, by regulations»; and
(ii) in the second subparagraph, for the words from “Member
States concerned” to the end substitute «Island»;
(b) in paragraph 3 —
(i) in point (a), for the words from “Commission may” to
“Article 37(2)” substitute «appropriate authority may, by
regulations»;
(ii) omit point (b); and
(iii) in point (c), for the last sentence substitute «The
appropriate authority may, by regulations, withdraw such
products or substances.»; and
(c) in paragraph 4 —
(i) for “Member States may regulate, within their territory,”
substitute «Nothing in this Regulation prevents the
relevant authority from using any power the authority has
to regulate»; and
(ii) omit the words from “, and in so far” to the end.
(12) In Article 17(2), for the words from “in accordance” to the end substitute
«by the appropriate authority, by regulations».
(13) In Article 18(5), for the words from “in accordance” to the end substitute
«by the appropriate authority by regulations».
(14) In Article 19 —
(a) in paragraph 2(c) omit “by a Member State”; and
(b) in paragraph 3, in the second subparagraph —
(i) omit “by Member States”; and
(ii) for the words from “in accordance” to the end substitute
«by the appropriate authority by regulations».
(15) In Article 20(3), for the words from “in accordance” to the end substitute
«by the appropriate authority by regulations».
(16) In Article 21 —
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(a) in paragraph 1 (ii), for “the Community legislation” substitute
«retained EU law»; and
(b) in paragraph 2 —
(i) in the first subparagraph, for the words from “Commission
shall” to “Article 37(2)” substitute «appropriate authority
may, by regulations»;
(ii) omit the second and third subparagraphs; and
(iii) in the fourth subparagraph, for the words “Commission
may” to the end of the paragraph substitute «appropriate
authority may, by regulations, withdraw such products or
substances.».
(17) In Article 22 —
(a) in paragraph 1, for the words from “Commission may” to “Article
37(2) and” substitute «appropriate authority may, by regulations
and in accordance with»;
(b) in paragraph 2(h), for “Community law or national law”
substitute «retained EU law»; and
(c) in paragraph 3, for the words from “Commission may” to “Article
37(2)” substitute «appropriate authority may, by regulations,».
(18) In Article 23 —
(a) in paragraph 1 omit the words from “throughout” to “language”;
(b) in paragraph 2 omit the words from “anywhere” to “language”;
(c) in paragraph 3, for “Community provisions” substitute «retained
EU law»; and
(d) omit paragraphs 5 and 6.
(19) In Article 24(3), for the words from “Commission shall” to “Article 37(2)”
substitute «appropriate authority may, by regulations».
(20) In Article 25(3) —
(a) for the words from “Commission shall” to “Article 37(2)”
substitute «appropriate authority may, by regulations»; and
(b) for “the Community logo” substitute “any organic production
logo”.
(21) In Article 26, for the words from “Commission shall” to “Article 37(2)”
substitute «appropriate authority may, by regulations».
(22) In Article 27 —
(a) in paragraph 1, for “Member States shall set up” substitute «The
relevant authority must maintain»;
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(b) in paragraph 2, for the words from “shall comprise” to the end
substitute «must apply such precautionary and control measures
as the appropriate authority may specify in regulations»;
(c) in paragraph 4(b), for “Member States” substitute «relevant
authority»;
(d) in paragraph 5(c) —
(i) for “notified” substitute «published»;
(ii) for the words from “, by” to “45011 or” substitute «of»;
and
(iii) for “authorities” substitute «authority»;
(e) in paragraph 7(b), for “Commission” substitute «appropriate
authority»;
(f) in paragraph 10, for “Member States” substitute «The relevant
authority»; and
(g) in paragraph 13, for the words from “Member States” to “allows
for” substitute «The control system as set up must ensure».
(23) In Article 28 —
(a) in paragraph 1(a), for the words from “authorities” to the end
substitute «authority»;
(b) in paragraph 2, for “Member States may exempt” substitute
«Nothing in this Regulation prevents the relevant authority from
using any power the authority has to exempt»;
(c) in paragraph 3, for “Member States” substitute «The relevant
authority»;
(d) in paragraph 4, for “Member States” substitute «The relevant
authority»; and
(e) in paragraph 6, for the words from “Commission, in” to
“implementing” substitute «appropriate authority may, by
regulations, prescribe».
(24) For Article 29(3) substitute —
«(3) The form of documentary evidence referred to in paragraph 1 may
be drawn up or amended by the relevant authority, taking into account
the advantages of electronic certification.».
(25) In Article 30 —
(a) in paragraph 1, in the second subparagraph omit “of the Member
State”; and
(b) in paragraph 2 —
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(i) in the first subparagraph, for the words from “, competent
authorities” to the end substitute «and the competent
authority»; and
(ii) in the third subparagraph, for the words from
“Commission may” to “Article 37(2),” substitute
«appropriate authority may, by regulations».
(26) In Article 32 —
(a) in paragraph 1, for “Community” substitute «Island»; and
(b) in paragraph 2 —
(i) in the first subparagraph, for the words from “Commission
shall” to “Article 37(2)” substitute «appropriate authority
must, by regulations»;
(ii) in the second subparagraph —
(A) for “notified” substitute «published»; and
(B) for the words “, by” to “45011 or” substitute «of»;
(iii) in the third subparagraph, for “Commission” substitute
«appropriate authority», in both places it appears; and
(iv) in the fifth subparagraph, for “Commission assisted by the
Member States” substitute «appropriate authority».
(27) In Article 33 —
(a) in paragraph 1 —
(i) the first subparagraph, for “Community” substitute
«Island»; and
(ii) at the end insert —
«The requirement set out in point (d) applies to organic
products entering the Island from the European Union, an
EEA state or Switzerland only on and after 1st January
2021.»;
(b) in paragraph 2 —
(i) in the first subparagraph, for the words from “Commission
may” to “Article 37(2)” substitute «appropriate authority
may, by regulations»;
(ii) in the second subparagraph, for “Commission” substitute
«appropriate authority», in both places it appears;
(iii) in the third subparagraph, for “Commission” substitute
«appropriate authority»;
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(iv) in the fourth subparagraph, for “Commission assisted by
the Member States” substitute “«appropriate authority»;
and
(v) at the end insert —
«The requirement in this paragraph to provide a concise
annual report applies to the European Union, an EEA state
and Switzerland only on and after 1st January 2021.»; and
(c) in paragraph 3 —
(i) in the first subparagraph —
(A) for the words from “Commission may” to “Article
37(2)” substitute «appropriate authority may, by
regulations”; and
(B) for “establish” substitute «maintain»;
(ii) in the second subparagraph, for “Commission” substitute
«appropriate authority»;
(iii) in the third subparagraph, for “Commission” substitute
«appropriate authority», in both places it appears; and
(28) in the fifth subparagraph, for “Commission assisted by the Member
States” substitute «appropriate authority».
(29) Omit Articles 34 to 37.
(30) In Article 38 —
(a) for the first sentence substitute —
«In relation to points (a) to (c) below, the appropriate authority
may, by regulations, lay down detailed rules for the application of
this Regulation.».
(b) after the first sentence insert —
«In relation to point (d) below, the appropriate authority may, by
regulations, lay down detailed rules for the application of this
Regulation. The regulations laid down by the appropriate
authority are subject to the objectives and principles laid down in
Title 2.».
(c) omit point (e).
(31) After Article 38 insert —
«Article 38a
Regulations
1. This Article applies in relation to any power conferred by this
Regulation on the appropriate authority to make provision by
regulations.
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2. The appropriate authority is the Department of Environment, Food
and Agriculture.
Article 38b
Regulations procedure
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or saving
provisions;
(b) provisions amending, repealing or revoking statutory documents
and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(32) Omit Articles 39 to 41.
(33) In Article 42 —
(a) for the heading substitute «Miscellaneous application»;
(b) omit the first subparagraph;
(c) in the second subparagraph omit the second sentence;
(d) omit the third and fourth subparagraphs.
(34) After Article 42, omit the words from “This Regulation” to “Member
States”.
(35) In the Annex omit the listed terms other than “EN: organic”.
15 Commission Regulation (EC) No 889/2008 amended
(1) Commission Regulation (EC) No 889/2008 of 5 September 2008 laying
down detailed rules for the implementation of Council Regulation (EC)
No 834/2007 on organic production and labelling of organic products
with regard to organic production, labelling and control53 is amended as
follows.
(2) In Article 2 —
(a) in point (c) —
(i) omit “within the community”; and
(ii) for “Community” substitute «Island»;
53 Paragraph 48(2) of the Schedule to the retention regulations.
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(b) in point (s), for “authorities of the Member State” substitute
«authority»; and
(c) after point (u), insert —
«(v) ‘relevant authority’ means the Department of Environment,
Food and Agriculture;
(w) ‘third country’ has the same meaning as in Article 2 of
Council Regulation (EC) No 834/2007.».
(3) In Article 6b —
(a) in paragraph 2 —
(i) in the first subparagraph —
(A) for “Member State authorities may” substitute
«Nothing in this Regulation prevents the relevant
authority from using any power the authority has
to»; and
(B) for “and may also” substitute «or»; and
(ii) omit the second subparagraph; and
(b) in paragraph 3, for “Council Directive 85/337/EEC” substitute
«Directive 2011/92/EU54«.
(4) In Article 9(3) omit the words from “This provision” to the end.
(5) In Article 11 —
(a) in paragraph 3, for “Article 3(3) of Council Directive 91/629/EEC”
substitute «Article 3 of Council Directive 2008/119/EC55»; and
(b) in paragraph 4, for “91/630/EEC” substitute «2008/120/EC».
(6) In Article 12(5), in the second subparagraph omit the words from “or
draw” to the end.
(7) In Article 13 —
(a) in paragraph 1, for the words from “Article 36” to “1257/1999”
substitute «Title 3 of Regulation (EU) No 1305/201356»; and
(b) in paragraph 2, for “The Member States may” substitute
«Nothing in this Regulation prevents the relevant authority from
using any power the authority has to».
(8) In Article 14(7), for “Community legislation” substitute «retained EU
law».
54 OJ L 026, 28.1.2012, p. 1. 55 OJ L 010, 15.1.2009, p. 7. 56 OJ L 347, 20.12.2013, p. 487.
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(9) In Article 15(2), for “national provisions adopted pursuant to Directive
91/676/EEC” substitute «retained EU law on nitrates».
(10) In Article 17(3) (b), for the words from “Article 36” to the end substitute
«Title 3 of Regulation (EU) No 1305/2013».
(11) In Article 23(5), for “Member States” substitute «The relevant
authority».
(12) In Article 24(5), for “Article 11 of Directive 2001/82/EC” substitute
«paragraph 2 of Schedule 4 to the Veterinary Medicines Regulations
201957».
(13) In Article 25(5), for the words from “Member State” to the end substitute
«Island in accordance with any relevant retained EU law».
(14) In Article 25o(1) omit the third subparagraph.
(15) In Article 25t —
(a) in paragraph 3, for “by Member States” substitute «in the
Island»; and
(b) in paragraph 4, for “Article 11 of Directive 2001/82/EC” substitute
«paragraph 2 of Schedule 4 to the Veterinary Medicines
Regulations 2019».
(16) In Article 27 —
(a) in paragraph 1 —
(i) for point (c) substitute —
«(c) substances and products as defined in Articles 3(2)(b)
to (d) of Regulation (EC) No 1334/2008 labelled as natural
flavouring substances or natural flavouring preparations,
according to Articles 15(1)(e) and 16 of that Regulation;»;
and
(ii) in point (d), for the words from “, respectively, Article
2(8)” to the end substitute «Article 17 and Annex 2 of
Regulation (EC) No 1333/2008»;
(b) omit paragraph 3;
(c) in paragraph 4 —
(i) for “may comprise” substitute «must not allow the use
of»; and
(ii) omit the words from “until 31” to the end.
(17) In Article 29 —
(a) in the heading omit “by Member State”;
57 S.D. 2019/0028.
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(b) in paragraph 1 —
(i) in point (a) —
(A) omit “of the Member State”;
(B) for “Community” substitute «Island, United
Kingdom or Channel Islands»;
(ii) in point (b) —
(A) omit “of the Member State”; and
(B) omit “in the Community”; and
(iii) for the second subparagraph, substitute —
«Nothing in this Regulation prevents the relevant
authority from using any power the authority has to
prolong the authorisation provided for in point (b) for a
period of 12 months on a maximum of three occasions.»;
and
(c) omit paragraphs 2 to 5.
(18) In Article 29c(2), for “Regulation (EC) No 1234/2007” substitute
«Regulation (EU) No 1308/2013».
(19) In Article 29d —
(a) in paragraph 1, for the words from “Article 120c” to “1234/2007”
substitute «Articles 80 and 83(2) of Regulation (EU) No
1308/2013»;
(b) in paragraph 2, point (a), for “Annex XVa to Regulation (EC) No
1234/2007” substitute «Part 1 of Annex 8 to Regulation (EU) No
1308/2013»;
(c) omit paragraph 4; and
(d) in paragraph 5, for “Regulation (EC) No 1234/2007” substitute
«Regulation (EU) No 1308/2013».
(20) At the end of Article 34 insert —
«The requirement to provide a certificate of inspection for import
applies to organic products entering the Island from the European
Union, an EEA state or Switzerland only on and after 1st January
2021.».
(21) In Article 36 —
(a) omit paragraph 2(a); and
(b) in paragraph 4 —
(i) in the first subparagraph —
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(A) for “Member State” substitute «relevant
authority»;
(B) in point (a) omit “of the Member State”; and
(C) in point (b) omit “of the Member State”; and
(ii) omit the third subparagraph.
(22) In Article 40(1)(b), for “Member States’ competent authorities” substitute
«competent authority».
(23) In Article 45 —
(a) in paragraph 1(b), for “Member States may” substitute «nothing
in this Regulation prevents the relevant authority from using any
power the authority has to»;
(b) in paragraph 2 —
(i) for “Council Directive 2000/29/EC” substitute «the Plant
Health Order 201158»; and
(ii) omit “of the Member State”;
(c) in paragraph 3, in the first subparagraph omit “in all parts of the
Community”;
(d) in paragraph 4 —
(i) for “Member States may” substitute «Nothing in this
Regulation prevents the relevant authority from using any
power the authority has to»; and
(ii) omit the words from “to another” to “supervision or”;
(e) in paragraph 5(d), for the words from “agreed” to the end
substitute «as agreed by the competent authority»; and
(f) in paragraph 8, for the words from “By way of” to “general
authorisation” substitute «Nothing in this Regulation prevents
the relevant authority from using any power the authority has to
grant all users, by way of a derogation from paragraph 7, a
general authorisation».
(24) In Article 46a, omit the second subparagraph.
(25) In Article 47 —
(a) in the first subparagraph, for the words “The competent authority
may” substitute «Nothing in this Regulation prevents the
relevant authority from using any power the authority has to»;
(b) in the second subparagraph, omit the second sentence.
(26) In Article 48 —
58 S.D. 0385/11.
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(a) in paragraph 1 —
(i) for “Each Member State shall ensure that” substitute «The
relevant authority shall use»; and
(ii) for “on its territory” substitute «in the Island»;
(b) in paragraph 2—
(i) omit “of the Member State”;
(ii) for “the Member State” substitute «the relevant
authority»; and
(iii) for “Member States” substitute «The relevant authority»;
and
(c) omit paragraph 3.
(27) In Article 49(3), for “Each Member State” substitute «The relevant
authority».
(28) In Article 50(2) omit “of the Member State”.
(29) For Article 51(1)(d) substitute —
«(d) the country or region in which the variety is tested and approved
for the purposes of either the United Kingdom national list as defined in
the Seed Marketing Regulations 201659 or the common catalogues of
varieties of agricultural plant species and vegetable species60.
Varieties listed on the common catalogues may only be used for a
period of two years beginning at exit day.».
(30) In Article 52 —
(a) in paragraph 1, for “Member States” substitute «The relevant
authority»; and
(b) in paragraph 2, for “Member States” substitute «relevant
authority».
(31) In Article 53 omit “of the Member State”.
(32) In Article 54, paragraph 1 omit “of the Member State”.
(33) Omit Articles 55 and 56.
(34) In Title 3, after “Chapter 1” in the heading omit “of the European
Union”.
(35) Omit Article 57.
(36) In Article 58(1) —
59 S.D. 2016/0313. 60 OJ L 193, 20.7.2002, p. 1; OJ L 193, 20.7.2002, p. 33.
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(a) in point (a), for “the Member State or the third country” substitute
«the product as originating from the United Kingdom or the
third country”;
(b) in point (c) —
(i) omit “the Commission or by”;
(ii) omit “of the Member States”; and
(iii) omit “and”; and
(c) omit point (d).
(37) In Article 60(1) omit “and the Organic logo of the EU”.
(38) In Article 61(1) —
(a) in point (a), for the words from “Article 5” to the end substitute
«Article 11 of Regulation (EC) No 767/2009»; and
(b) in point (b), for the words from “Article 5(1)(a)” to the end
substitute «Regulation (EC) No 767/2009».
(39) In Article 63 —
(a) in paragraph 2(d) omit the words from “in accordance” to
“concerned”; and
(b) in paragraph 3(f), for the words from “the Member” to the end
substitute «that body is approved in accordance with the control
system».
(40) In Article 82(1) —
(a) in the first subparagraph, for “Community” substitute «Island»;
(b) in the second subparagraph, for the words from “when” to the
end substitute «when these storage facilities are situated outside
of the Island or the United Kingdom, by a control body or
authority approved by the Secretary of State for control in that
country.».
(41) In Article 83, in the second paragraph, for “Community” substitute
«Island».
(42) In Article 84 —
(a) in the first paragraph, for “Community” substitute «Island»;
(b) in the third paragraph, for the words from “Trade Control” to the
end substitute «import control system operated in the United
Kingdom.».
(43) In Article 88(1)(d), for “Article 5(1)(a) of Directive 79/373/EEC” substitute
«Regulation (EC) No 767/2009».
(44) In Article 91 —
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(a) in paragraph 2 —
(i) for “a control authority” substitute «the control
authority»;
(ii) for “production method, this control” substitute
«production method, the control»; and
(iii) for “set by that control authority” substitute «set by the
control authority»; and
(b) omit paragraph 3.
(45) In Article 92— —
(a) in paragraph 4, omit the words from “of the” to “approved it”;
(b) in paragraph 5, for “Member States” substitute «The relevant
authority»; and
(c) in paragraph 6, for “Member States” substitute «The relevant
authority».
(46) Omit Article 92a.
(47) In Article 92b —
(a) for “Member States” substitute «The relevant authority»;
(b) for “The Member States” substitute «The relevant authority»;
and
(c) for the words from “Directive” to the end substitute «the Data
Protection Act 2018».
(48) In Article 92c(3), for “Union rules” substitute «retained EU law».
(49) In Article 92e (c)(vi) —
(a) omit “Member States where that”;
(b) omit “operates”; and
(c) for “Directive 95/46/EC” substitute «the Data Protection Act
2018».
(50) In Article 92f, for “Member States” substitute «The relevant authority»
in both places it occurs.
(51) In the heading to Title 5 omit “TRANSMISSION OF INFORMATION TO
THE COMMISSION,”.
(52) Omit the Chapter 1 title and its heading;
(53) Omit Articles 93 and 94.
(54) Omit the Chapter 2 title and its heading.
(55) In Article 95 —
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(a) omit paragraphs 1 to 4;
(b) in paragraph 5, for “Member States” substitute «relevant
authority»; and
(c) omit paragraphs 7 to 11.
(56) Omit Articles 96 and 97.
(57) After Article 97 omit the words from “This Regulation” to “Member
States”.
(58) In Annex 1, in the fifth row of column 3, omit “, accepted by the Member
State”.
(59) In Annex 2, in paragraph 3, the second column of the fourth row, in the
second subparagraph for the words “For perennial” to “provide that the”
substitute «Nothing in this Regulation prevents the relevant authority
from using any power the authority has to provide by way of derogation
from the previous paragraph, in respect of perennial crops, that the».
(60) In Annex 6, in paragraph 3(a), in the third column of the first row of the
table, in the third indent, for “Member States” substitute «relevant
authority».
(61) In Annex 7 —
(a) in paragraph 2.1 —
(i) for “Union and national provisions” substitute «retained
EU law»; and
(ii) omit the eighth indent which begins “copper sulphate”;
and
(b) in paragraph 2.2, for “Union and national provisions” substitute
«retained EU law».
(62) In Annex 11 —
(a) omit Part A;
(b) in Part B —
(i) in paragraph 2, for “Commission or each Member State”
substitute «relevant authority»;
(ii) in paragraph 3 —
(A) in point (a), for “each Member State’s” substitute
«the»; and
(B) in point (b), for “Commission” substitute «relevant
authority»;
(C) omit point (c); and
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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(c) in the final paragraph, for “Commission” substitute «relevant
authority».
(63) In Annex 12b, omit every indent other than the eighth indent which
begins “In English”.
(64) Omit Annex 13c.
16 Commission Regulation (EC) No 1235/2008 amended
(1) Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying
down detailed rules for implementation of Council Regulation (EC) No
834/2007 as regards the arrangements for imports of organic products
from third countries61 is amended as follows.
(2) In Article 2 —
(a) in paragraph 5 —
(i) omit “relevant Member State’s”;
(ii) for “Union” substitute «Isle of Man»;
(b) for paragraph 6 substitute —
«6. ‘competent authority’ means the customs authority or other
authorities designated by the relevant authority pursuant to Article 27(1)
of Regulation (EC) No 834/2007 responsible for the verification of the
consignments and the endorsement of the certificates of inspection»;
(c) in paragraph 7, for “a relevant” substitute «the»;
(d) in paragraph 11, after “circulation” insert «in the Island»;
(e) after paragraph 11 insert —
«12. ‘third country’ has the same meaning as in Council
Regulation (EC) No 834/2007;
13. ‘relevant authority’ means the Department of Environment,
Food and Agriculture;
14. ‘customs authority’ means the Treasury.».
(3) In Article 3 —
(a) in paragraph 1 —
(i) for “Commission” substitute «relevant authority»;
(ii) omit the second sentence;
(b) in paragraph 2, omit “Community”.
(4) In Article 4 —
61 Paragraph 48(3) of the Schedule to the retention regulations.
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 135
(a) in paragraph 1 —
(i) for “The Commission” substitute «The relevant
authority»;
(ii) omit “by the Commission”;
(iii) omit the second sentence;
(b) in paragraph 2, for “Community” substitute «Island»;
(c) in paragraph 3 —
(i) in the words before point (a) —
(A) for “Commission to ensure” substitute «relevant
authority to ensure»;
(B) for “Community” substitute «Island»;
(ii) in point (a), for “Community” substitute «Island»;
(iii) in point (g), for “Commission” substitute «relevant
authority»;
(d) in paragraph 4, for “Commission”, in both places it occurs,
substitute «relevant authority»;
(e) in paragraph 5 —
(i) for “Commission” substitute «relevant authority»;
(ii) for the final sentence substitute «The decision must be
taken by the relevant authority by regulations.».
(5) In Article 5 —
(a) in paragraph 1 —
(i) in point (a), for “Commission”, in both places it occurs,
substitute «relevant authority»;
(ii) in point (b), for “Commission” substitute «relevant
authority»;
(iii) in point (c), for “Commission”, in both places it occurs,
substitute «relevant authority»;
(iv) in point (d), for “Commission” substitute «relevant
authority»;
(b) in paragraph 2 —
(i) in the first subparagraph —
(A) for “Commission”, in both places it occurs,
substitute «relevant authority»;
(B) for the words from “that control” to the end
substitute «the relevant authority may, by
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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Page 136 SD No.2019/0212 c
regulations, withdraw that control body or control
authority from the list of control bodies and control
authorities.»;
(ii) in the second subparagraph, for “Commission” substitute
«relevant authority».
(6) In Article 6(3), for “Commission” substitute «relevant authority».
(7) In Article 7 —
(a) in paragraph 1, for “Commission” substitute «relevant
authority»;
(b) in paragraph 2 —
(i) in the words before point (a), for “Community market”
substitute «market in the Island»;
(ii) in point (f), for “Union” substitute «Island».
(8) In Article 8 —
(a) omit paragraph 1;
(b) in paragraph 2 —
(i) for “Commission”, in each place it occurs, substitute
«relevant authority»;
(ii) for “request for inclusion which” substitute «request from
a third country for inclusion on the list provided for in
Article 7 if it»;
(iii) for “Community”, in each place it occurs, substitute
«Island»;
(c) in paragraph 4, for the second subparagraph substitute —
«The decisions referred to in the first subparagraph must be made by
the relevant authority by regulations.».
(9) In Article 9 —
(a) for “Commission”, in each place it occurs, substitute «relevant
authority»;
(b) in paragraph 1(a) omit the words from “via the” to the end;
(c) in paragraph 2, for the words from “that third” to the end
substitute «the relevant authority may, by regulations, withdraw
that third country from the list.».
(10) In Article 10 —
(a) in paragraph 1, for “Commission shall draw up” substitute
«relevant authority must provide direction to»;
(b) in paragraph 2, omit “Community”.
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 137
(11) In Article 11 —
(a) for “Commission”, in each place it occurs, substitute «relevant
authority»;
(b) in paragraph 2, for “Community” substitute «Island»;
(c) in paragraph 3, for “Community”, in each place it occurs,
substitute «Island»;
(d) in paragraph 5, for the final sentence substitute «The decision
must be made by the relevant authority by regulations.».
(12) In Article 12 —
(a) for “Commission”, in each place it occurs, substitute «relevant
authority»;
(b) in paragraph 2 —
(i) for the words before point (a) substitute —
«2. The relevant authority may request that the UK relevant authority
withdraws from the list referred to in Article 10 a control body or a
control authority, or a reference to a specific product category or a
specific third country in relation to that control body or control authority,
in the following cases:»;
(ii) in the second subparagraph —
(A) for the words from “the Commission shall
withdraw” to “834/2007” substitute «the relevant
authority must, by regulations, withdraw it from
the list without delay»;
(B) omit the second sentence.
(13) In Article 13 —
(a) in paragraph 1 —
(i) in the first subparagraph, for “Union” substitute
«Island»;
(ii) in points (a) and (b), omit “relevant Member State’s”;
(iii) in point (c), for the words “Article 158(1)” to the end
substitute «paragraph 17(4) of Schedule 1 to the Taxation
(Cross-border) Trade Act 2018, as it has effect in the
Island62.»;
(iv) in the second subparagraph, for the words from “relevant
Member” to the end substitute «competent authority.»;
(v) omit the third subparagraph;
62 The Taxation (Cross-border Trade) Act 2018, as applied in the Island by SD 2019/0080.
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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(b) after paragraph 1 insert —
«The requirements in this Article relating to certificates of inspection
apply to organic products entering the Island from the European Union,
an EEA state or Switzerland only on and after 1st January 2021.»;
(c) in paragraph 2 —
(i) in the first subparagraph —
(A) omit “relevant Member State’s”;
(B) for the words from “electronic Trade” to the end
substitute «United Kingdom’s import control
system.»;
(ii) in the second subparagraph for “TRACES”, in both places
it occurs, substitute «the United Kingdom’s import
control system»;
(iii) in the third subparagraph —
(A) for “TRACES”, in both places it occurs, substitute
«the United Kingdom’s import control system»;
(B) omit “relevant Member State’s”;
(d) in paragraph 4 —
(i) in the second subparagraph, for “Union” substitute
«Island»;
(ii) in the fourth subparagraph, for the words from
“Commission or” to “State” substitute «relevant
authority»;
(e) in paragraph 6, omit “relevant Member State’s”;
(f) after paragraph 7 insert —
«8. During the transition period a certificate of inspection issued by a
control body which appears on both Annex 4 of this Regulation and
Annex 4 of Regulation (EC) No 1235/2008(a) as it had effect in EU law
immediately before exit day must be accepted for the purposes of
satisfying the requirements, including those in paragraph 1, for import
into the Island notwithstanding that the certificate of inspection certifies
compliance with requirements in Regulation (EC) No 834/2007(b) as it
has effect in EU law from time to time.
9. During the transition period a certificate of inspection issued by a
control body which appears on both Annex 4 of this Regulation and
Annex 4 of Regulation (EC) No 1235/2008 as it had effect in EU law
immediately before exit day must not be accepted for the purposes of
satisfying the requirements, including those in paragraph 1, for import
into the Island where it certifies compliance with Regulation (EC) No
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 139
834/2007 as it has effect in the Island unless the competent authority has
approved the control body to certify products to the Island standards,
following a notification in accordance with Article 12(1).
10. The transition period referred to in paragraphs 8 and 9 is a period
which begins on exit day and ends on 31st December 2020.».
(14) In Article 13a —
(a) in paragraph 1 —
(i) for “TRACES”, in both places it occurs, substitute «the
United Kingdom’s electronic import control system»;
(ii) for “2, 3 and 4” substitute «2 and 3»;
(iii) for “Commission” substitute «relevant authority»;
(b) in paragraph 2 —
(i) in the first subparagraph, for “TRACES” substitute «the
United Kingdom’s electronic import control system»;
(ii) in the first subparagraph, for “one of the official languages
of the Union” substitute «English, and may also appear in
other languages,»;
(iii) omit the second subparagraph;
(c) in paragraph 3, for “TRACES” substitute «the United Kingdom’s
import control system»;
(d) omit paragraph 4.
(15) In Article 13b —
(a) for “Article 158(1) of Regulation (EU) No 952/2013” substitute
«section 3 of the Taxation (Cross-border) Trade Act 2018 (of
Parliament)»;
(b) at the end insert —
«The requirements of this Article apply to organic products entering the
Island from the European Union, an EEA state or Switzerland only on
and after 1st January 2021.».
(16) Omit Article 13c.
(17) In Article 13d, for “TRACES” substitute “The import control system
adopted by the relevant authority”.
(18) In Article 14 —
(a) in paragraph 1 —
(i) for “Regulation (EU) No 952/2013” substitute «the
Taxation (Cross-border Trade) Act 2018, as it has effect in
the Island»;
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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Page 140 SD No.2019/0212 c
(ii) omit “relevant Member State’s”;
(iii) after “circulation” insert «in the Island»;
(iv) at the end insert —
«The requirements in this Article in respect of a certificate of inspection
apply to organic products entering the Island from the European Union,
an EEA state or Switzerland only on and after 1st January 2021.».
(b) in paragraph 2 —
(i) in the first subparagraph, for “suspensive customs”
substitute «special»;
(ii) in the first subparagraph, for “Regulation (EU) No
2913/92” substitute «the Taxation (Cross-border) Trade
Act 2018, as it has effect in the Island»;
(iii) in the first subparagraph, for the words from “submitted
in” to “splitting” substitute «split»;
(iv) in the second subparagraph —
(A) for “TRACES” substitute «the United Kingdom’s
import control system»;
(B) omit “relevant Member State’s”, in each place it
occurs;
(C) after “circulation” insert «in the Island»;
(D) omit the final sentence.
(19) In Article 15 —
(a) in paragraph 1 —
(i) in the first subparagraph —
(A) for “Union” substitute «Island»;
(B) after “834/2007”, in the second place it occurs, insert
«, or in relation to products to which paragraph 8
of Article 13 applies, Regulation (EC) No 834/2007
on organic production and labelling of organic
products as it has effect in EU law from time to
time,»;
(ii) omit the second and third subparagraphs;
(b) in paragraph 2, in the second subparagraph —
(i) for “of the Member States concerned and of the” substitute
«of both the Island and the»;
(ii) omit “and, where appropriate, the Commission”;
(c) in paragraph 3 —
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 141
(i) for “a Member State” substitute «the Island»;
(ii) for “Member States concerned” substitute «Island»;
(iii) omit “and the Commission”;
(d) in paragraph 4 —
(i) for the words from “Commission after” to “informing it”
substitute «relevant authority»;
(ii) for the words from “Commission and” to “initial
communication” substitute «relevant authority»;
(iii) omit “by the Commission”;
(iv) omit the second subparagraph;
(e) omit paragraph 5.
(20) In Article 16 —
(a) in paragraph 1 —
(i) in the first subparagraph —
(A) for “Commission” substitute «relevant
authority»;
(B) omit the words from “with the” to “of procedure”;
(ii) in the second subparagraph —
(A) for “Commission” substitute «relevant
authority»;
(B) for “Commission shall” substitute «relevant
authority may»;
(b) omit paragraphs 2 to 4.
(21) In Article 17 —
(a) in paragraph 1 —
(i) omit “to the Commission or the Member States”;
(ii) omit “by the Commission or the Member States”;
(iii) omit the final sentence;
(b) in paragraph 2 —
(i) in the first sentence, for “Commission” substitute
«relevant authority»;
(ii) in the second sentence —
(A) for “Commission” substitute «relevant
authority»;
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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(B) for the words from “Member States” to “countries”
substitute «appropriate authorities»;
(c) in paragraph 4, for “Commission and the Member States”
substitute «relevant authority»;
(d) in paragraph 5, omit the words from “in accordance” to the end.
(22) After Article 17 insert —
«Article 17a
Regulations
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or
saving provisions;
(b) provisions amending, repealing or revoking statutory
documents and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(23) Omit Title 5.
(24) After Article 21, omit the words from “This Regulation” to “Member
States”.
(25) In Annex 3, at the appropriate place insert —
«EUROPEAN UNION AND EEA STATES
1. Product categories
Category of products Designation of category as in
Annex IV
Limitations
Unprocessed plant products A
Live animals or unprocessed
animal products
B
Unprocessed aquaculture
products and algae
C
Processed agricultural
products for use of food
D
Processed agricultural
products for use of feed
E
Vegetative propagating
material and seeds for
cultivation
F
2. Origin: products of categories A, B, C and F and organically grown
ingredients in products of category D and E that —
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 143
(a) have been grown in the European Union or an EEA state, or
(b) have been imported into the European Union or an EEA state and
processed or packaged in the European Union or an EEA state in
accordance with EU regulations.
3. Production Standards: Regulation (EC) No 834/2007, Regulation (EC)
No 889/200863 and Regulation (EC) No 1235/2008, as those Regulations
have effect in EU law, as amended from time to time.
4. Competent authority: the competent authority as appointed by each
Member State in accordance with Regulation (EC) No 834/2007, as that
Regulation has effect in EU law, as amended from time to time.
5. Control bodies:
Code number Name Internet address Comments
Austria Control Bodies
AT-BIO-004 GfRS Gesellschaft fur
Ressourcenschutz mbH
www.grfs.de
AT-BIO-301 Austria Bio Garantie GmbH www.abg.at
AT-BIO-401 BIOS —
Biokontrollservice
Osterreich
www.bios.kontrolle.at
AT-BIO-402 LACON GmbH www.lacon-institut.at
AT-BIO-501 SLK GesmbH www.slk.at
AT-BIO-701 Kontrollservice BIKO
Tirol
www.biko.at
AT-BIO-901 LVA GmbH www.lva.at
AT-BIO-902 SGS Austria Controll —
Co. Ges.m.b.H
www.as.sgs.com
AT-BIO-903 LKV Austrai
Gemeinnutzige GmbH
www.lkv-austria.at
BELGIUM Control Bodies
BE-BIO-01 CERTISYS www.certisys.eu
BE-BIO-02 TUV NORD INTERGA
bvba
www.tuv-nord-
integra.com
BE-BIO-03 QUALITY PARTNER www.quality-partner.be
BE-BIO-05 Comite du Lait www.comitedulait.be/inde
x. php/page/production-
biologique
BULGARIA Control Bodies
BG-BIO-02 BALKAN BIOCERT Ltd www.balkanbiocert.com
BG-BIO-03 Q CERTIFICATION S.P.A. www.qcertification.bg
BG-BIO-04 CERES-CERtification of
Environmental Standards Ltd
www.ceres-cert.com
BG-BIO-05 LACON – Private Institute for
Quality Assurance and
Certification of organically
www.lacon-
institut.com;www.lacon-
bg.com
63 Paragraph 48(2) of the Schedule to the retention regulations.
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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Page 144 SD No.2019/0212 c
produced food products LTD
BG-BIO-07 Control Union Certifications
B.V.
www.controlunion.com
BG-BIO-10 Inspection Institute for Organic
products S.A. (BIO HELLAS)
www.bio-hellas.gr
BG-BIO-12 ECOGRUPPO ITALIA S.R.L.
with branch office in Bulgaria –
ECOGRUPPO ITALIA –
BULGARIA BRANCH UNIT
www.ecogruppoitalia.it
BG-BIO-13 BIOAGRICERT ITALIA
BULGARIA Ltd
www.bioagricert.bg
BG-BIO-14 SGS BULGARIA Ltd
BG-BIO-15 BULGARKONTROLA S.A. www.bulgarkontrola.bg
BG-BIO-16 “Austria Bio Grantie” GMBH
with branch office in Bulgaria
“AUSTRIA BIO GRANTIE
BULGARIA BRANCH UNIT”
www.abg.at;www.bg-
abgcert.com
BG-BIO-17 “Agency for organic
certification” Ltd
www.abcbg.net
BG-BIO-18 ‘COSMOCERT’ www.cosmocert.bg
BG-BIO-19 MAKOM CERTIFICATION www.makom.bg
BG-BIO-20 ‘Agro Organic Control’ Ltd www.agro-organic.com
BG-BIO-21 Bio Certification www.biocertification.eu
BG-BIO-22 Nutramed nm.nutramedbg.com
CROATIA Control Bodies
HR-EKO-01 BIOINSPEKT d.o.o. www.bioinspekt.com;http:
//www.bioinspekt.hr
HR-EKO-02 PRVA EKOLOSKA STANICA
d.o.o.
www.prvaekoloska.hr
HR-EKO-03 ZADRUGA AGRIBIOCERT www.agribiocert.hr
HR-EKO-04 BIOTECHNICON d.o.o. www.biotechnicon.hr
HR-EKO-05 HRVATSKE SUME d.o.o. www.hrsume.hr
HR-EKO-06 TRGO-INVEST d.o.o. www.binarnet.hr/trgo-
invest
HR-EKO-07 AUSTRIA BIO GARANTIE
d.o.o.
hr.abg-cert.com/
HR-EKO-08 BUREAU VERITAS d.o.o. www.bureauveritas.si
HR-EKO-09 Eurotalus j.d.o.o. www.eurotalus.hr
HR-EKO-10 EKO RAZVOJ d.o.o. www.ekorazvoj.hr
CYPRUS Control Bodies
CY-BIO-001 LACON LTD www.lacon-institut.com
CY-BIO-002 BIOCERT (CYPRUS) LTD N/A
CY-BIO-003 Eurocert ʹΕυρϖггαΐкη
Εταιρεία Ελέγχϖѵ кαι
Пιогоггоιήоεϖѵ ᾺΕ
N/A
CY-BIO-004 TUV AUSTRIA HELLAS MOV
E.П.Ε.
http://www.tuvaustriacypr
us.com.cy
CZECH
REPUBLIC
Control Bodies
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 145
CZ-BIO-001 KEZ o.p.s. www.kez.cz
CZ-BIO-002 CZ-BIO-002 ABCERT AG www.abcert.cz
CZ-BIO-003 BIOKONT CZ, s.r.o. www.biokont.cz
CZ-BIO-004 BUREAU VERITAS CZECH
REPUBLIC, spol. s.r.o.
www.bureauveritas.cz
CZ-BIO-005 State Veterinary
Administration
En.svscr.cz/ In the Czech
Republic we
have system A
with four
approved
control bodies.
However State
Veterinary
Administration
and other two
state control
authorities are
mentioned too.
They perform
organic official
controls
similarly to the
private control
bodies except
they do not do
certification.
CZ-BIO-006 Czech Agriculture and Food
Inspection Authority
www.szpi.gov.cz/en In the Czech
Republic we
have system A
with four
approved
control bodies.
However State
Veterinary
Administration
and other two
state control
authorities are
mentioned too.
They perform
organic official
controls
similarly to the
private control
bodies except
they do not do
certification.
CZ-BIO-007 Central Institute for
Supervising and Testing in
Agriculture
Eagei.cz/public/web/en/uk
zuz/portal
In the Czech
Republic we
have system A
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 146 SD No.2019/0212 c
with four
approved
control bodies.
However State
Veterinary
Administration
and other two
state control
authorities are
mentioned too.
They perform
organic official
controls
similarly to the
private control
bodies except
they do not do
certification.
Denmark Control
Authorities
DK-OKO-
050
Landbrugsstyrelsen (The
Danish Agricultural Agency)
www.lbst.dk
DK-OKO-
100
Fodevarestyrelsen (The Danish
Veterinary and Food
Administration)
www.fvst.dk
Estonia Control
Authorities
EE-OKO-01 Agricultural Board www.pma.agri.ee
EE-OKO-02 Veterinary and Food Board www.vet.agri.ee
Finland Control
Authorities
FI-EKO-101 Uudenmaan elinkeino-liikenne-
ja ymparistokeskus
N/A
FI-EKO-102 Varsinais-Suomen elinkeino-
liikenne-ja ymparistokeskus
N/A
FI-EKO-103 Satakunnan elinkeino-liikenne-
ja ymparistokeskus
N/A
FI-ELO-104 Hameen elinkeino-liikenne-ja
ymparistokeskus
N/A
FI-EKO-105 Pirkanmann elinkeino-liikenne-
ja ymparistokeskus
N/A
FI-EKO-106 Kaakkois-Suomen elinkeino-
liikenne-ja myparistokeskus
N/A
FI-EKO-107 Etela-Savon elinkeino-liikenne-
ja ymparistokeskus
N/A
FI-EKO-108 Pohjois-Savon elinkeino-
liikenne-ja ymparistokeskus
N/A
FI-EKO-109 Pohjois-Karjalan elinkeino-
liikenne-ja ymparistokeskus
N/A
FI-EKO-110 Keski-Suomen elinkeino- N/A
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 147
liikenne-ja myparistokeskus
FI-EKO-111 Etela-Pohjanmaan elinkeino-
liikenne-jas ymparistokeskus
N/A
FI-EKO-112 Pohjanmaan elinkeino-liikenne-
ja ymparistokeskus
N/A
FI-EKO-113 Pohjois-ja Keski-Pohjanmaan
elinkeion-liikenne-ja
ymparistokeskus
N/A
FI-EKO-114 Kainuun elinkeino-liikenne-ja
ymparistokeskus
N/A
FI-EKO-115 Lapin elinkeino-liikenne-jas
ymparistokeskus
N/A
FI-EKO-201 Elintarviketurvallisuusvirasto
Evira (The Finnish Food Safety
Authority Evira)
www.evira.fi The Finnish
Food Safety
Authority Evira
is the Central
Control
Authority for
organic
products.
Operates also
the databases of
operators
(including
organic seeds)
FI-EKO-301 Sosiaali-ja terveysalan lupa-ja
valvontavirasto Valvira
(National Supervisory
Authority for Welfare and
Health)
www.valvira.fi
FI-EKO-401 Alands landskapsregering www.regeringen.ax Operates on
Aland
France Control Bodies
FR-BIO-01 ECOCERT FRACE www.ecocert.fr
FR-BIO-07 AGROCERT www.agrocert.fr
FR-BIO-09 CERTIPAQ BIO www.certipaqbio.com
FR-BIO-10 BUREAU VERITAS
CERTIFICATION FRANCE
www.bureauveritas.com
FR-BIO-12 Certisud www.certisud.fr
FR-BIO-13 CERTIS www.certis.com.fr
FR-BIO-15 BUREAU ALPES CONTROLES www.certification-bio.fr/
FR-BIO-16 QUALISUD www.qualisud.fr
FR-BIO-17 BIOTEK AGRICULTURE www.biotek-agriculture.fr
FR-BIO-18 EUROFINS CERTIFICATION www.eurofins.fr/certificati
on
Germany Control Bodies
DE-OKO-
001
Kiwa BCS Oko-Garantie Gmbh www.kiwabcs.de
DE-OKO- Lacon GmbH Deutschland www.lacon-institut.com
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 148 SD No.2019/0212 c
003
DE-OKO-
005
Ecocert IMO GmbH www.imo.ch
DE-OKO-
006
ABCERT AG www.abcert.de
DE-OKO-
007
PRUFVEREIN
VERARBEITUNG okologische
Landbauprodukte e.V
www.pruefverein.de
DE-OKO-
009
LC Landwirtschafts-Consulting
GmbH
www.lc-sh.de
DE-OKO-
012
AGRECO R.F. GODERZ GmbH www.agrocogmbh.com
DE-OKO-
013
QC&I Gesellschaft fur
Kontrolle und Zertifizerung
von Qualitatssicherungssyteme
n GmbH
www.qci.de
DE-OKO-
021
Grunstempel®-Okopurfstelle
e.V
www.grunstempel.de
DE-OKO-
022
Kontrollverein okologischer
Landbau e.V.
www.kontrollverein.de
DE-OKO-
034
Fachgesellschaft OKO-
Kontrolle mbH
www.fgs-kontrolle.de
DE-OKO-
037
OkoP Zertifizierungs GmbH www.oekop.de
DE-OKO-
039
GfRS-Gesellschaft fur
Ressourcenschutz mbH
www.gfrs.de
DE-OKO-
044
ARS PROBATA GmbH www.ars-probata.com
DE-OKO-
060
QAL GmbH Gesellschaft fur
Qualiatssicherung in der Agrar
– und Lebensmittelwirtschaft
www.gal-gmbh.de
DE-OKO-
064
ABC Gmbh Agrar-Beratungs
und Coltroll GmbH
www.abcg-alsfeld.de
DE-OKO-
070
Peterson CU Deutschland
GmbH
www.pcu-deutschland.de
Greece Control Bodies
GR-BIO-01 DIO-inspection and
Certification Organisation of
Organic Products
www.dionet.gr
GR-BIO-02 PHYSIOLOGIKE
INSPECTIONS
CERTIFICATIONS OF
ORGANIC PRODUCTS-
PROMOTION
www.physiologike.gr;
www.pyhsiologike.org
GR-BIO-03 BIO HELLAS www.bio-hellas.gr
GR-BIO-05 A CERT SA www.a-cert.org
GR-BIO-06 IRIS www.irisbio.gr
GR-BIO-07 GREEN CONTROL www.greencontrol.gr
GR-BIO-08 GEOTECHNICAL www.bio-geolab.gr;
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 149
LABORATORY S.A. www.geolab.gr
GR-BIO-10 GMCert www.gmcert.gr
GR-BIO-12 Q-CERT www.qmcert.com
GR-BIO-13 TUV HELLAS S.A. www.tuvhellas.gr
GR-BIO-14 OXYGONO-HELLENIC
CERTIFICATION BODY
www.oxygencert.gr
GR-BIO-15 TUV AUSTRIA-HELLAS-LTD www.tuvaustriahellas.gr
GR-BIO-16 Q-check P.C. or Q-check
PRIVATE COMPANY
www.qcheck-cert.gr
GR-BIO-17 EUROCERT SA www.eurocert.gr
GR-BIO-18 COSMOCERT www.cosmocert.gr
HUNGRAY Control Bodies
HU-OKO-01 Biokontroll Hungaria
Nonprofit Kft
www.biokontroll.hu
HU-OKO-02 Hungaria Oko Garancia Kft www.okogarancia.hu
IRELAND Control Bodies
IE-ORG-02 Irish Organic Association www.irishorganicassociati
on.ie
IE-ORG-03 Organic Trust Ltd www.organic-trust.org
IE-ORG-04 Global Trust Certification Ltd www.gtcert.com
IE-ORG-05 BDA Certification www.biodynamic.org.uk
Italy Control Bodies
IT-BIO-001-
BZ
BIKO – Tirol www.biko.at CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
IT-BIO-002 CODEX Srl www.codexsrl.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
Import
IT-BIO-003-
BZ
QC&I GmbH www.qci.de CERTIFIED
PRODUCTION
S:
Vegetable
Zootechnics
Preparation
IT-BIO-004 SUOLO & SALUTE Srl www.suoloesalute.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 150 SD No.2019/0212 c
Not authorised
for control of
import activity
OPERATIVE
OFFICE:
Via Galliera, 93
40121 Bologna
(BO) +39 051
6751265
IT-BIO-005 BIOS Srl www.certbios.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Aquaculture
Preparation
Import
IT-BIO-006 ICEA Srl www.icea.info CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Aquaculture
Preparation
Import
IT-BIO-007 Bioagricert Srl www.biocert.org CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Aquaculture
Preparation
Import
IT-BIO-008 ECOGRUPPO ITALIA Srl www.ecogruppoitalia.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
Import
IT-BIO-009 CCPB Srl www.ccpb.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 151
Aquaculture
Preparation
Import
IT-BIO-012 Sidel Spa www.sideitalia.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
Import
IT-BIO-013 ABCERT Srl www.abcert.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
Import
IT-BIO-014 QCertificazioni Srl www.qcsrl.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Aquaculture
Preparation
Import
IT-BIO-015 Valoritalia Srl www.valoritalia.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
Import
OPERATIVE
OFFICE:
Piazza Roma, 10
14100 Asti (AT)
+39 0141 436915
IT-BIO-016 Siquria www.siquria.it CERTIFIED
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
Import
IT-BIO-017 CEVIQ srl www.ceviq.it CERTIFIED
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 152 SD No.2019/0212 c
PRODUCTION
S:
Vegetable
Wine
Zootechnics
Preparation
Import
IT-BIO-018 Agroqualitia S.p.a. www.agroqualita.it CERTIFIED
PRODUCTION
S:
Vegetable
Zootechnics
Preparation
Import
IT-BIO-019 Instituto Nord Ovest Qualita
Soc. Coop.
www.inoq.it CERTIFIED
PRODUCTION
S:
Vegetable
Zootechnics
Preparation
Import
IT-BIO-020 Dipartimento di Qualita
Agroalimentare Srl
www.dqacertificazioni.it Vegetable
Zootechnics
Preparation
Import
LATVIA Control Bodies
LV-BIO-01 Biedriba ‘Vides kvalitãte’ www.videskvalitate.lv
LV-BIO-02 Valsts SIA ‘Sertifikãcijas
untestesanas ‘centrs
www.stc.lv
LUTHUANI
A
Control Bodies
LT-EKO-01 Ekoagros www.ekoagros.lt
LUXEMBOU
RG
Control Bodies
and Control
Authorities
LU-BIO-01 Administration des Services
techniques de l’Agriculture
(autorité compétente) Service
de la protection des végétaux
www.asta.etat.lu
LU-BIO-04 Prüfverein Verarbeitung
Okologische Landbauprodukte
e.V.(DE-ÖKO-007)
www.pruefverein.de
LU-BIO-05 Kontrollverein Ökologischer
Landbau e.V. (DE-ÖKO-022)
www.kontrollverein.de
LU-BIO-06 CERTISYS (BE-BIO-01) www.certisys.eu
LU-BIO-07 GfRS Gesellschaft
fürRessourcenschutz mbH (DE-
ÖKO-039)
www.gfrs.de
LU-BIO-08 Quality Partner S.A. (BE-BIO-
03)
www.quality-partner.be/
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 153
MALTA Control
Authorities
MT-ORG-01 Malta Competition and
Consumer Affairs
mccaa.org.mt/
NETHERLA
NDS
Control
Authorities
NL-BIO-01 Stichting Skal Biocontrole www.skal.nl
POLAND Control Bodies
and Control
Authorities
PL-EKO-01 EKOGWARANCJA PTRE Sp.
z.o.o
www.ekogwarancja.pl
PL-EKO-02 PNG Sp. z o.o. www.certyfikacja.co
PL-EKO-03 COBICO Sp. z o.o. www.cobico.pl Not accredited
for aquaculture
animal
production and
seaweed
PL-EKO-04 Bioekspert Sp. z o.o. www.bioekspert.pl Not accredited
for aquaculture
animal
production and
seaweed. Not
accredited for
beekeeping
PL-EKO-05 BIOCERT MALOPOLSKA Sp.z
o.o.
www.biocert.pl
PL-EKO-06 POLSKIE CENTRUM BADAN
I CERTYFIKACJI S.A.
www.pcbc.gov.pl
PL-EKO-7 AGRO BIO TEST Sp. z o.o. www.agrobiotest.pl Not accredited
for the
collection of
wild plants and
parts thereof,
growing
naturally in
natural areas,
forests and
agricultural
areas. Not
accredited for
aquaculture
animal
production and
seaweed.
PL-EKO-08 TÜV RHEINLAND POLSKA
Sp. z o.o.
www.tuv.pl
PL-EKO-09 CENTRUM JAKOŠCI
AGROEKO Sp. z o.o.
www.agroeko.com.pl
PL-EKO-10 SGS POLSKA Sp. z o.o. www.pl.sgs.com Not accredited
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 154 SD No.2019/0212 c
for:
- aquaculture
animal
production and
seaweed
- bees
production.
PL-EKO-11 DQS Polska Sp. z o.o. dqs.pl Not accredited
for aquaculture
animal
production and
seaweed. Not
accredited for
bees
production.
PL-EKO-12 Bureau Veritas Polska Sp. z.o.o. www.bureauveritas.pl Not authorized
for:
- aquaculture
animal
production and
seaweed,
- collection of
wild plants and
parts thereof,
growing
naturally in
natural areas,
forests and
agricultural
areas,
- bees
production.
Control Body
was authorized
to control and
certify organic
production 5th
March
PORTUGAL Control Bodies
PT-BIO-11 APCER – Associação
Portuguesa de Certificacão
www.apcer.pt
PT-BIO-10 Naturalfa - control e
certificação, Lda
www.naturalfa.pt
PT-BIO-01 IVDP - Instituto dos vinhos do
Douro e do
Porto
www.ivdp.pt
PT-BIO-02 ECOCERT PORTUGAL,
Unipessoal Lda
www.ecocert.pt
PT-BIO-03 SATIVA, Desenvolvimento
Rural, Lda
www.sativa.pt
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 155
PT-BIO-04 CERTIPLANTET - Certificação
da Agricultura, Florestas e
Pescas, Unipessoal, Lda
www.certiplanet.pt
PT-BIO-05 CERTIS, Controlo e
Certificação, Lda
www.certis.pt
PT-BIO-06 AGRICERT - Certificação de
Produtos Alimentares, Lda
www.agricert.pt
PT-BIO-07 TRADIÇÃO E QUALIDADE [email protected]
PT-BIO-08 CODIMACO - Certificação e
Qualidade, Lda
www.codimaco.pt
PT-BIO-09 SGS Portugal - Sociedade Geral
de Superintendência, S. A.
www.pt.sgs.com
ROMANIA Control Bodies
RO-ECO-007 S.C ECOCERT S.R.L www.ecocert.com Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
- processed
agricultural
products for use
as food
- processed
agricultural
products for use
as feed
- vegetative
propagating
material and
seeds for
cultivation
RO-ECO-008 S.C. ECOINSPECT S.R.L www.ecoinspect.ro Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
-aquaculture
products
- processed
agricultural
products for use
as food
- processed
agricultural
products for use
as feed
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 156 SD No.2019/0212 c
- vegetative
propagating
material and
seeds for
cultivation
RO-ECO-009 BIOS S.R. L. ITALIA -
SUCURSALA ROMÃNIA
www.certbios.ro Approved by
CA for:
-unprocessed
plants products
- live and
unprocessed
animal products
- aquaculture
products
- processed
agricultural
products for use
as food
- processed
agricultural
products for use
as feed
- vegetative
propagating
material and
seeds for
cultivation
RO-ECO-015 AGRECO R.F. GÖDERZ
GMBH GERMANI -
SUCURSALA ROMÃNIA
www.agrecogmbh.de Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
- processed
agricultural
products for use
as food
- vegetative
propagating
material and
seeds for
cultivation
RO-ECO-016 BIOAGRICERT ITALI SRL -
SUCURSALA ROMÃNIA
www.bioagricert.org Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 157
- processed
agricultural
products for use
as food
- processed
agricultural
products for use
as feed
RO-ECO-018 AUSTRIA BIO GARANTIE
GmbH ENZERSFELD
SUCURSALA BUCURESTI
ro.abg-cert.com/ Approved by
CA for
- unprocessed
plants products
- live and
unprocessed
animal products
- aquaculture
products
- processed
agricultural
products for use
as food
- processed
agricultural
products for us
as feed
- vegetative
propagating
material and
seeds for
cultivation
RO-ECO-021 CERTROM SRL www.certrom.ro Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
- aquaculture
products
- processed
agricultural
products for use
as food
- processed
agricultural
products for use
as feed
- vegetative
propagating
material and
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 158 SD No.2019/0212 c
seeds for
cultivation
RO-ECO-022 S.C. ECOROISCERT SRL www.ecoroiscert.ro Approved by
CA for:
- unprocessed
agricultural
products
RO-ECO-023 MISCAREA ROMÃNÃ
PENTRU CALITATE
www.mrco.ro Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
RO-ECO-024 CERES ORGANIC VCERT SRL www.ceres-cert.com Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
- processed
agricultural
products for use
as food
- processed
agricultural
products for use
as feed
RO-ECO-025 BIO CERT TRADITIONAL SRL biocerttraditional.ro Approved by
CA for:
- unprocessed
plants products
- live and
unprocessed
animal products
- processed
agricultural
products for use
as food
RO-ECO-026 SC SRAC CERT SRL N/A Approved by
CA for:
-. Agricultural
unprocessed
products
- live or
unprocessed
agricultural
products
- processed
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 159
agricultural
products for us
as food
RO-ECO-027 SC TUV AUSTRIA ROMÃNIA
SRL
N/A Approved by
CA for: —
- unprocessed
plants products
- live and
unprocessed
animal products
- processed
agricultural
products for use
as food
- processed
agricultural
products for
used as feed
SLOVAKIA Control Bodies
SK-BIO-002 Naturalis SK, s.r.o www.naturalis.sk
SK-BIO-003 Biokont CZ, s.r.o. www.biokont.sk Mgr. Ján Kútnit
is designated
representative
in Slovak
republic
SK-BIO-004 EKO-CONTROL SK s.r.o, www.eo.control.sk
SI-EKO-001 Institute for Inspection and
Certification in Agriculture and
in Silviculture Maribor
(Institute KON - CERT
Maribor)
www.kon-cert.si Control body
does not have
the scope of
accreditation
for feed
SLOVENIA Control Bodies
SI-EKO-002 Institute for Inspection and
Certification of University of
Maribor (IKCUM)
www.ikc-um.si
SI-EKO-003 Bureau Veritas d.o.o www.bureauveritas.si
SI-EKO-004 TUV SUD Sava d.o.o www.tuv-sud.si/sava-si
SPAIN Control Bodies
and Control
Authorities
ES-ECO-001-
AN
SERVICIO DE
CERTIFICACIÓN CAAE,
S.L.U.
Andalusia
www.caae.es
ES-ECO-001-
AR
SERVICIO DE
CERTIFICACIÓN CAAE, S.L.
Aragon
www.caae.es
ES-ECO-001-
CL
SERVICIO DE
CERTIFICACIÓN CAAE, S.L.
Castile-y-Léon
www.caae.es
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 160 SD No.2019/0212 c
ES-ECO-001-
CM
SERVICIO DE
CERTIFICACIÓN CAAE, S.L.
Castile-La Mancha
www.caae.es
ES-ECO-002-
AN
SOHISCERT S.A.
Andalusia
www.sohiscert.com
ES-ECO-002-
AR
SOHISCERT S.A.
Aragon
www.sohiscert.com
ES-ECO-002-
CL
SOHISCERT S.A.
Castile-y-Léon
www.sohiscer.com
ES-ECO-002-
CM
SOHISCERT, S.A.
Castile-La Mancha
www.sohiscert.com
ES-ECO-003-
AN
AGROCOLOR, S.L.
Andalusia
www.agrocolor.es
ES-ECO-004-
AN
LGAI TECHNOLOGICAL
CENTER, S.A.
Andalusia
N/A
ES-ECO-005-
AN
CERES Certification of
Environmental Standard
GMBH
Andalusia
www.ceres-cert.com
ES-ECO-006-
AR
COMITÉ ARAGONES DE
AGRICULTURE ECOLÓGICA
Aragon
www.caaearagon.com
ES-ECO-010-
AN
ECOCERT S.A.
Andalusia
www.ecocert.com/es/
ES-ECO-010-
AR
ECOCERT S.A.
Aragon
www.ecocert.com
ES-ECO-011-
AN
KIWA ESPAÑA S.L.U.
Andalusia
www.kiwa.es
ES-ECO-011-
AR
KIWA ESPAÑA S.L.U. -
Aragón
Aragón
www.kiwa.es
ES-ECO-001-
CL
KIWA ESPAÑA, S.L.U.
Castile-y-Léon
www.kiwa.es
ES-ECO-011-
CM
KIWA ESPAÑA S.L.U.
Castile-La Mancha
www.kiwa.es
ES-ECO-012-
AS
CONSEJO DE LA
PRODUCCIÓN AGRARIA
ECOÓGICA DEL
PRINCIPADO DE ASTURIAS
Asturias
www.copaeastur.or
ES-ECO-013-
IB
Consell Balear de la Producció
Agrària Ecològica (CBPAE)
Balearic Islands
www.cbpae.org
ES-ECO-014-
IC
INSTITUTO CANARIO DE
CALIDAD
AGROALIMENTARIA (ICCA)
Canary Islands
www.gobiernodecanarias.
org/agricultura/i
Public Control
Authority
ES-ECO-015- OFICINA DE CALIDAD www.alimentosdecantabri Public Control
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 161
CN ALIMENTARIA
Cantabria
a.com Authority
ES-ECO-016-
CL
CAECYL - CONSEEJO DE
AGRCULTURA ECOLÓGICA
DE CASTILLA Y LEÓN
Castile-y-Léon
www.caecyl.es Public Control
Authority
ES-ECO-019-
CT
CONSELL CATALÀ DE LA
PRODUCCIÓ
AGRÀRAI ECOLÒGICA -
CONSEJO
CATALÁN DE LA
PRODUCCIÓN AGRARIA
ECOLÓGICA
Catalonia
www.ccpae.org Public Control
Authority
ES-ECO-020-
CV
COMITÉ DE AGRICULTURA
ECOLÓGICA DE LA
COMUNIDAD VALENCIANA
(CAECV)
Valencia
www.caecv.com Public Control
Authority
ES-ECO-021-
EX
DIRECCIÓN GTENERAL DE
AGRICULTURA Y
GANADERÍA
Extremadura
N/A Public Control
Authority
ES-ECO-022-
GA
CONSEJO REGULADOR DE
AGRICULTURA ECOLÓGICA
DE GALICIA (CRAEGA)
Galicia
www.craega.es Public Control
Authority
ES-ECO-023-
MA
COMITÉ DE AGRICULTURA
ECOLÓGICA DE LA
COMUNIDAD DE MADRID
Madrid
www.caem.es Public Control
Authority
ES-ECO--
024-MU
CONSEJO DE AGRICULTURA
ECOLÓGICA DE LA REGIÓN
DE MURCIA
Murcia
www.caernrcia.com Public Control
Authority
ES-ECO-025-
NA
CONSEJO DE LA
PRODUCCIÓN AGRARIA
ECOLÓGICA DE NAVARRA
(CPAEN) —
Nafarroako Nekazal Produkzio
Ekologikoarean kontseilua
(NNPEK)
Navarre
www.cpaen.org Public Control
Authority
ES-ECO-026-
VAS
ENEEK - CONSEJO DE
AGRICULTURA Y
ALIMENTACIÓN
ECOLÓGICA DE EUSKADI/
Euskadiko Nekazaritza Eta
Elikadura
Ekologikoaren kontseilua
www.eneek.eus Public Control
Authority
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 162 SD No.2019/0212 c
Basque Country
ES-ECO-027-
RI
DIRECCIÓN GENERAL DE
AGRICULTURA Y
GANADERÍA CONSEJERÍA
DE AGRICULTURA,
CANADERÍA Y MEDIO
AMBIENTE
Rioja
www.larioja.org/agricultur
a/agriculturaecologica
Public Control
Authority
ES-ECO-028-
AN
CERTIFOOD S.L.
Andalusia
www.certifood.org Private Control
Body
ES-ECO-028-
AR
CERTIFOOD S.L.
Aragon
www.certifood.org Private Control
Body
ES-ECO-028-
CL
CERTIFOOD S.L.
Castile-y-Léon
www.certifood.org Private Control
Body
ES-ECO-028-
CM
CERTIFOOD S.L.
Castile-La Mancha
www.certifood.org Private Control
Body
ES-ECO-029-
AN
UREAU VERITAS IBERIA S.L.
Andalusia
www.bureauveritas.es Private Control
Body
ES-ECO-029-
CL
BUREAU VERITAS IBERIA
S.L.
Castile-y-Léon
www.bureauveritas.es Private Control
Body
ES-ECO-029-
CM
BUREAU VERITAS IBERIA
S.L.
Castile-La Mancha
www.bureauveritas.es Private Control
Body
ES-ECO-30-
CM
CENTRO DE INNOVACIÓN
TECNOLÓGICO
AGROALIMENTARIO, S.A.
(CITAGRO, S.A.)
Castile-La Mancha
citagro.es/ Private Control
Body
ES-ECO-031-
CL
CCL CERTIFICACIÓN, S.L.
Castile-y-Léon
www.cclalimentaria.es Private Control
Body
ES-ECO-032-
CL
SAI GLOBAL ASSURANCE
SERVICES - OFICINA DE
REPRESENTACION EN
ESPAÑA, LTD
Castile-y-Léon
www.saigblobal.com Private Control
Body
ES-ECO-033-
CM
QUALITAS NATURA
CERTIFICACIÓN S.L.
Castile-La Mancha
www.qualitasnatura.es Private Control
Body
ES-ECO-034-
CM
OCE GLOBAL, S.L.U.
Castile-La Mancha
www.oce-global.com Private Control
Body
SWEDEN Control bodies
SE-EKO-01 KIWA Sverige AB www.kiwa.com All scope
SE-EKO-03 Smak Certifiering AB www.smak.se All scope
SE-EKO-04 HS Certifiering AB www.hscertifiering.se All scope
SE-EKO-05 Valiguard AB www.valiguard.com Processed
agricultural
products for use
as food
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 163
SE-EKO-06 ControlCert Scandinavia AB www.controlcert.se Processed
agricultural
products for use
as food
SE-EKO-07 ProSanitas Certifiering AB www.bmgprosanitas.se Processed
agricultural
products for use
as food.
Mushroom
production
(limited
delegation of
crop
production)
SE-EKO-08 Intertek Certification AB www.intertek.se Processed
agricultural
products for use
as food Feed
vegetative
propagating
material and
seeds for
cultivation
ICELAND
(EEA state)
Control Bodies
IS-LIF-01 Vottunarstofa Tun www.tun.is
NORWAY
(EEA state)
Control Bodies
NO-ØKO-01 Debio www.debio.no
SWITZERLA
ND AND
LIECHTENS
TEIN (EEA
state)
No updated
information
submitted
6. Certificate issuing bodies: as at point 5.
7. Duration of the inclusion: 31st December 2020.».
(26) In Annex 5 —
(a) in the heading, for “EUROPEAN UNION” substitute «ISLE OF
MAN»;
(b) for box 2 substitute —
«2. Council Regulation (EC) No 834/2007, as it has effect in the Isle of Man:
- Article 33(2) or
- Article 33(3)
Council Regulation (EC) No 834/2007, as it has effect in the European Union:
- Article 33(2) or
- Article 33(3) »;
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
Regulations 2019
Page 164 SD No.2019/0212 c
(c) in the Notes —
(i) in the entry relating to box 2, after “834/2007” insert «, as
it has effect in the Island or Regulation (EC) No 834/2007,
as it has effect in the European Union,»;
(ii) in the entry relating to box 3, for “electronic Trade Control
and Expert System (TRACES)” substitute «United
Kingdom’s import control system»;
(iii) in the entry relating to box 4 —
(A) after “834/2007” insert «, as it has effect in the
Island, or Article 2(i) of Regulation (EC) No
834/2007, as it has effect in the European Union,»;
(B) after “889/2008” insert «, as it has effect in the
Island or Article 34 of Regulation (EC) 889/2008, as
it has effect in the European Union.»;
(iv) in the entry relating to box 8, after “834/2007” insert «, as
it has effect in the Island, or Article 2(i) of Regulation (EC)
No 834/2007, as it has effect in the European Union,»;
(v) in the entry relating to box 9, for the words from “country
in” to the end substitute «Isle of Man»;
(vi) in the entry relating to box 10, for the words from “the
country” to the end substitute «the Isle of Man»;
(vii) in the entry relating to box 11 —
(A) for “European Union” substitute «Isle of Man»;
(B) omit “into the Union”;
(viii) in the entry relating to box 12, for “European Union”
substitute «Isle of Man»;
(ix) in the entry relating to box 19, omit “relevant Member
State’s”;
(x) in the entry relating to box 20, omit “relevant Member
State’s”.
(27) In Annex 6 —
(a) in the heading, for “EUROPEAN UNION” substitute «ISLE OF
MAN»;
(b) for box 2 substitute —
«2. Council Regulation (EC) No 834/2007, as it has effect in the Isle of Man:
- Article 33(2) or
- Article 33(3)
Council Regulation (EC) No 834/2007, as it has effect in the European Union:
- Article 33(2) or
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 165
- Article 33(3) »;
(c) in the Notes —
(i) in the entry relating to box 2, after “834/2007” insert «, as
it has effect in the Island or Regulation (EC) No 834/2007,
as it has effect in the European Union,»;
(ii) in the entry relating to box 3, for “electronic Trade Control
and Expert System (TRACES)” substitute «United
Kingdom’s import control system»;
(iii) in the entry relating to box 9, for the words from “country
in” to the end substitute «Isle of Man»;
(iv) in the entry relating to box 10, for the words from “the
country” to the end substitute «the Isle of Man»;
(v) in the entry relating to box 11, for “European Union”
substitute «Isle of Man»;
(vi) in the entry relating to box 13, omit “relevant Member
State’s”.
(28) Omit Annex 7.
PART 4
SPIRIT DRINK REGULATIONS
17 Commission Regulation (EC) No 2870/2000 amended
(1) Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying
down Community reference methods for the analysis of spirits drinks64 is
amended as follows.
(2) In Article 1, in the words before the first indent —
(a) omit “Community”; and
(b) for the words from “Regulation (EEC) No 1576/89” to “1014/90”
substitute «Regulation 110/2008».
(3) In Article 3 —
(a) in the words before point (a) —
(i) omit “Community”; and
(ii) after “down” insert «in retained EU law»;
64 Paragraph 49(1) of the Schedule to the retention regulations.
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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Page 166 SD No.2019/0212 c
(b) in point (a), for “the Annex to Directive 85/591/EEC” substitute
«Annex 3 to Regulation (EC) No 882/2004 of the European
Parliament and of the Council»;
(c) in point (d), in the first indent —
(i) at the beginning insert «in relation to an official
control,»; and
(ii) for “Member State concerned” substitute «appropriate
authority, by administrative decision, on a case by case
basis»; and
(d) after the existing paragraph insert —
«In this Article ‘the appropriate authority’ means the
Department of Environment, Food and Agriculture.».
(4) In Article 4, after point (c) insert —
«(d) ‘Regulation 110/2008’: means Regulation (EC) No 110/2008 of the
European Parliament and of the Council.».
(5) After Article 5 omit the words from “This Regulation” to “Member
States.”.
(6) In the Annex —
(a) in Part 3(1) (general remarks relating to the determination of
volatile substances and methanol of spirit drinks) —
(i) in point 1, in the words before point 1, for “Regulation
(EEC) No 1576/89” substitute «Regulation 110/2008»;
and
(ii) in point 2, in the second subparagraph, for “Regulation
(EEC) No 1576/89” substitute «Regulation 110/2008»;
(b) in Part 6 (determination of glycyrrhizic acid using high
performance liquid chromatography), in point 1, for “Regulation
(EEC) No 1576/89” substitute «Regulation 110/2008»; and
(c) in Part 7 (high-performance liquid chromatography method for
verifying the presence of chalcones in pastis), in point 1, in the
second subparagraph, for Regulation (EEC) No 1576/89”
substitute «Regulation 110/2008».
18 Regulation (EC) No 110/2008 amended
(1) Regulation (EC) No 110/2008 of the European Parliament and of the
Council of 15 January 2008 on the definition, description, presentation,
labelling and the protection of geographical indications of spirit drinks
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 167
and repealing Council Regulation (EEC) No 1576/8965 is amended as
follows.
(2) In Article 1 —
(a) in paragraph 2 —
(i) in the first sentence, for “Community”, in each place it
occurs, substitute «Island»; and
(ii) for “third” substitute «other»;
(b) in paragraph 3 —
(i) omit “third”; and
(ii) for the words from “the regulatory” to the end substitute
«paragraphs 4 to 6»; and
(c) after paragraph 3 insert —
«4. A derogation may be granted:
(a) by regulations, or
(b) on application, by administrative decision, where regulations
have not been made or where regulations have been made but do
not apply in a particular case.
5. An application of the type referred to in the paragraph 4(b) in
relation to an operator intending to export a consignment of a
spirit drink to a relevant third country from the Island, may be
made to the Department of Environment, Food and Agriculture.
6. An application of the type referred to in paragraph 4(b) must be
made in relation to one type of spirit drink and on a consignment
by consignment basis.
7. In this Regulation ‘consignment’ means a quantity of one type
of spirit drink covered by a single document required for customs
formalities and may be composed of more than one lot.».
(3) In Article 2 —
(a) in point (f)(i), for the words from “Council Directive 98/83/EC” to
“Council” substitute «relevant water quality legislation»; and
(b) at the end insert, as a separate paragraph —
«In this Article “relevant water quality legislation” means, in relation to
spirit drinks marketed in the Isle of Man, the Natural Mineral Water,
Spring Water and Bottled Drinking Water Regulations 200966 and the
Water Supply Byelaws 200267.».
65 Paragraph 49(2) of the Schedule to the retention regulations. 66 [S.D. 405/09.] 67 [S.D. 222/02.]
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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Page 168 SD No.2019/0212 c
(4) After Article 2 insert —
«Article 2a
Other definitions
In this Regulation:
‘enactment’ includes statutory documents;
‘third country’ means a country, other than the British Islands;
‘Department’ means the Department of Environment, Food and
Agriculture.».
(5) In Article 5 —
(a) in paragraph 1)(e), for the words from “shall be decided” to the
end substitute «may be specified in regulations»; and
(b) in paragraph 2)(e), omit the words from “and taking” to the end.
(6) In Article 6 —
(a) for the heading substitute —
«Stricter rules»;
(b) in paragraph 1 —
(i) for the words from “and in” to “down” substitute «,
nothing in this Regulation prevents the making of
regulations imposing»;
(ii) after “labelling” insert «in relation to a category of spirit
drink in Annex 2»; and
(iii) for “Community” substitute «retained EU»; and
(c) for paragraph 2 substitute —
«2. In paragraph 1, ‘regulations’ means any regulations made by
the Department under the Food Act 1996 using an enabling power
in that Act that confers power on the Department to make
regulations imposing such stricter rules.».
(7) In Article 8, for “Article 5 of Directive 2000/13/EC” substitute «Article 17
of Regulation (EU) No 1169/2011 of the European Parliament and of the
Council on the provision of food information to consumers».
(8) In Article 9 —
(a) in paragraph 6(a), for the words from “established” to “Article 20”
substitute —
«any of the following geographical indications:
(i) Irish Cream;
(ii) Irish Whiskey, Irish Whisky, Uisce Beatha Eireannach;
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 169
(iii) Scotch Whisky;»; and
(b) in paragraph 9, for “Directive 2000/13/EC” substitute
«Regulation (EU) No 1169/2011».
(9) In Article 10 —
(a) in paragraph 1, for “Directive 2000/13/EC” substitute
«Regulation (EU) No 1169/2011»; and
(b) in paragraph 4 omit “in the Community”.
(10) In Article 11(4), in the first subparagraph, for “Directive 2000/13/EC”
substitute «Regulation (EU) No 1169/2011».
(11) In Article 12(3) —
(a) omit the words from the beginning to “Article 25(3)”; and
(b) at the end insert as a new sentence —
«Regulations may specify derogations in respect of this
requirement.».
(12) In Article 14(4), for “Community” substitute «Island».
(13) In Article 15(3), in the third subparagraph, for “Community” substitute
«Island, the United Kingdom or the Channel Islands».
(14) In Article 17 —
(a) in paragraph 1 —
(i) for “Commission” substitute «United Kingdom Secretary
of State»; and
(ii) omit from “in one of the official” until the end; and
(b) omit paragraphs 2 to 8.
(15) Omit Article 18.
(16) Omit Article 20.
(17) Omit Article 21.
(18) In Article 22(1) —
(a) in the first subparagraph, in the words before the first indent, for
“Community” substitute «Island»; and
(b) for the first indent (but not the final “and/or”) substitute —
«— the authority designated as the authority responsible for
carrying out such verification by regulation 5 of the Spirit Drinks
Regulations 200868,».
(19) In Article 23 —
68 SI 2008/3206
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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(a) in paragraph 2 —
(i) omit “With due regard to Community law,”;
(ii) omit the words from “ if that” to “concerned,”;
(iii) for “territory of the Community” substitute «Island»;
and
(iv) for the words from “as specified” to the end substitute
«in, or under, the Trade Marks Act 1994 (of Parliament),
as applied to the Island»; and
(b) in paragraph 3, for “Community” substitute «Island, the United
Kingdom or the Channel Islands».
(20) Omit Article 24.
(21) For Article 25 substitute —
«Article 25
Regulations
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or saving
provisions;
(b) provisions amending, repealing or revoking statutory documents
and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(22) In Article 28 —
(a) in paragraph 1 —
(i) for the words before point (a) substitute «Regulations
may be made»;
(ii) omit point (a); and
(iii) in point (c) omit “Community”;
(b) in paragraph 2 —
(i) for the words from the beginning to “adopted” substitute
«Regulations may be made»; and
(ii) omit “Community”; and
(c) in paragraph 3 —
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 171
(i) omit the first sentence; and
(ii) in the second sentence, for “prior to 20 February 2008 or
until” substitute «as it had effect in the Island
immediately before».
(23) After Article 30 omit the words from “This Regulation” to “Member
States.”.
(24) In Annex 1 —
(a) in point (6) —
(i) in the first paragraph, for the words from “Council
Directive 80/777/EEC” to “consumption” substitute “any
relevant water quality legislation”; and
(ii) after the second paragraph insert —
«In this point ‘relevant water quality legislation’ means,
in relation to spirit drinks marketed in the Island, the
Water Act 1991 and the Natural Mineral Water, Spring
Water and Bottled Drinking Water Regulations 200969.»;
and
(b) in point (10), for the words from “colorants” to the end substitute
«colours, as defined in entry 2 of Annex 1 to Regulation (EC) No
1333/2008 of the European Parliament and of the Council on food
additives».
(25) In Annex 2 —
(a) in category 1 —
(i) in point (a)(ii) omit the second sentence; and
(ii) omit point (f);
(b) in category 9, in point (f), in the first subparagraph, omit the
second sentence;
(c) in category 15, in point (d), for “13(2) of Directive 2000/13/EC”
substitute «13(1) of Regulation (EU) No 1169/2011»;
(d) in point (c) of each of categories 25, 26, 27, 28 and 29, for “1(2)(b)(i)
and Article 1(2)(c) of Directive 88/388/EEC” substitute «3(2)(c)
and (d) of Regulation (EC) No 1334/2008»;
(e) in category 32, in point (d), in the first paragraph, in the words
before the first indent omit “produced in the Community”;
(f) in category 37, in point (c), for “1(2)(b)(i) and Article 1(2)(c) of
Directive 88/388/EEC” substitute «3(2)(c) and (d) of Regulation
(EC) No 1334/2008»;
69 S.D. 405/09.
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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(g) in category 37a, in the second paragraph omit “Member State or
third”;
(h) in categories 42(c), 43(c), 45(c) and 46(c), for “1(2)(b)(i) and Article
1(2)(c) of Directive 88/388/EEC” substitute «3(2)(c) and (d) of
Regulation (EC) No 1334/2008»; and
(i) in the section headed “Other spirit drinks” —
(i) in point 1, in the final sentence omit the words from
“Where” to “market,”; and
(ii) in point 2, in the third sentence omit the words from “If
this” to “Community,”.
(26) For Annex 3 substitute —
«ANNEX 3
GEOGRAPHICAL INDICATIONS
Product category Geographical indication Country of origin (the
precise geographical origin
is described in the technical
file)
Whisky/Whiskey
Scotch Whisky United Kingdom
(Scotland)
Irish Whiskey/ Irish
Whisky/ Uisce Beatha
Eireannach (1)
Ireland
Cider spirit and perry
spirit
Somerset Cider Brandy (2) United Kingdom
Liqueur
Irish Cream (3) Ireland
Other spirit drinks
Irish Poteen/Irish Poitín Ireland (4) (1) The geographical indications ‘Irish Whiskey’, ‘Irish Whisky’ and ‘Uisce Beatha
Eireannach’ cover whisky/whiskey produced in Ireland and Northern Ireland.
(2) The geographical indication ‘Somerset Cider Brandy’ must be accompanied by
the sales denomination ‘cider spirit’.
(3) The geographical indication ‘Irish Cream’ covers the corresponding liqueur
produced in Ireland and Northern Ireland.
(4) The geographical indication ‘Irish Poteen/Irish Poitín’ covers the corresponding
spirit drink produced in Ireland and Northern Ireland.»
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 173
19 Commission Implementing Regulation (EU) No 716/2013 amended
(1) Commission Implementing Regulation (EU) No 716/2013 of 25 July 2013
laying down rules for the application of Regulation (EC) No 110/2008 of
the European Parliament and of the Council on the definition,
description, presentation, labelling and the protection of geographical
indications of spirit drinks70 is amended as follows.
(2) In Article 1(b) omit “Union”.
(3) In Article 2, after point (d) insert —
«(e) ‘third country’ means any country, other than the British Islands;
(f) ‘Department’ means the Department of Environment, Food and
Agriculture.».
(4) In Article 6 —
(a) in the words before point (a), for “Commission” substitute «the
United Kingdom Secretary of State»; and
(b) omit “and consist of” until the end of the Article.
(5) Omit Articles 7 to 21.
(6) After Article 23 omit the words from “This Regulation” to “Member
States.”.
(7) Omit Annexes 1 to 6.
20 Commission Regulation (EC) No 936/2009 amended
(1) Commission Regulation (EC) No 936/2009 applying the agreements
between the European Union and third countries on the mutual
recognition of certain spirit drinks71 is amended as follows.
(2) In Article 1 —
(a) in paragraph 1 —
(i) for “third countries referred to therein” substitute
«United States of America»; and
(ii) for “third countries concerned” substitute «United States
of America»; and
(b) in paragraph 2, for the words from “referred to” to the end
substitute «contained in the Spirit Drinks Regulations 200872
under the conditions laid down in the Agreement between the
United Kingdom of Great Britain and Northern Ireland and the
United States of America on the mutual recognition of certain
70 Paragraph 49(3) of the Schedule to the retention regulations. 71 Paragraph 49(4) of the Schedule to the retention regulations, as amended by SD 2019/0122. 72 SI 2008/3206, as amended.
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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distilled spirits/spirit drinks as if the product descriptions were
registered Annex 3 geographical indications (as defined in those
Regulations)».
(3) After Article 3 omit the words from “This Regulation” to “Member
States.”.
(4) In Annex 1, in the table omit the last two rows (relating to tequila and
mescal).
PART 5
WINE REGULATIONS
21 Commission Regulation (EC) No 606/2009 amended
(1) Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down
certain detailed rules for implementing Council Regulation (EC) No
479/2008 as regards the categories of grapevine products, oenological
practices and the applicable restrictions73 is amended as follows.
(2) For Article 1 substitute —
«Article 1
Purpose
This Regulation lays down detailed rules for the application of the
following provisions of Regulation (EU) No 1308/2013 of the European
Parliament and of the Council establishing a common organisation of
the markets in agricultural products:
(a) Articles 75, 80, 83 and 90;
(b) Part 2 of Annex 7;
(c) Annex 8.».
(3) After Article 1 insert —
«Article 1a
Definitions
In this Regulation:
‘the appropriate authority’ means the Department of Environment,
Food and Agriculture;
‘relevant legislation’, in relation to the making of regulations referred to
in a provision, means regulations made under the Food Act 1996 using
an enabling power in that Act that confers power on the appropriate
73 Paragraph 50(2) of the Schedule to the retention regulations.
European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5) Regulations 2019 SCHEDULE 8
c SD No.2019/0212 Page 175
authority to make regulations about the matter specified in the
provision in question.»
(4) Omit Article 2.
(5) In Article 3(1), for the words from “Regulation” to “thereof,” substitute
“Part 2 of Annex 7 to Regulation (EU) No 1308/2013”.
(6) In Article 4 —
(a) in paragraph 1, in the first subparagraph —
(i) in the words before point (a), for the words from “Article
29(2)” to “use” substitute «Article 83(3) of Regulation
(EU) No 1308/2013, the appropriate authority may, on
application, authorise, by administrative decision, the use
by the applicant»;
(ii) in point (a), for the words from “Articles” to the end
substitute «the third subparagraph of Article 80(1), and
Article 80(3)(b) to (e), of Regulation (EU) No 1308/2013»;
and
(iii) omit point (c);
(b) omit paragraph 2;
(c) omit paragraph 3; and
(d) omit paragraph 5.
(7) In Article 5 —
(a) for the words from “point (b)” to “of Regulation (EC) No
479/2008” substitute «points (4), (5) and (6) of Part 2 of Annex 7
to Regulation (EU) No 1308/2013»; and
(b) for “in Regulation (EC) No 479/2008” substitute «in Regulation
(EU) No 1308/2013».
(8) In Article 6 —
(a) for the words from “point (c)” to “of Regulation (EC) No
479/2008” substitute «point (3) of Part 2 of Annex 7 to Regulation
(EU) No 1308/2013»; and
(b) for “in Regulation (EC) No 479/2008” substitute «in Regulation
(EU) No 1308/2013».
(9) In Article 7(1), for the words from “point (d)” to “479/2008” substitute
«Article 75(3)(h) of Regulation (EC) No 1308/2013».
(10) In Article 8(1) —
(a) in the first subparagraph, for “Regulation (EC) No 479/2008”
substitute «Regulation (EU) No 1308/2013»; and
SCHEDULE 8 European Union and Trade Act 2019 (Deficiencies) (DEFA) (No. 5)
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(b) in the third subparagraph, for “Annex I to Regulation (EC) No
479/2008” substitute «point 12 of Part 4 of Annex 2 to Regulation
(EU) No 1308/2013».
(11) In Article 9(1) —
(a) for “Commission Directive 2008/84/EC” substitute «Commission
Regulation (EU) No 231/2012 laying down specifications for food
additives listed in Annexes II and III to Regulation (EC) No
1333/2008 of the European Parliament and of the Council»; and
(b) for the words from “point (e)” to “479/2008” substitute «Article
75(3)(f) of Regulation (EU) No 1308/2013».
(12) In Article 10 —
(a) in the heading, for the words from “Chapter II” to “479/2008”
substitute «Article 80 of Regulation (EU) No 1308/2013»;
(b) in paragraph 1 —
(i) for the words from “Chapter II” to “479/2008” substitute
«Article 80 of Regulation (EU) No 1308/2013»;
(ii) for “Member States may authorise” substitute «nothing in
this Regulation prevents the appropriate authority from
making regulations under the relevant legislation
authorising»; and
(iii) for “they shall determine” substitute «are specified in the
regulations»;
(c) for paragraph 3 substitute —
«3. Nothing in this Regulation prevents the appropriate
authority from making regulations under the relevant legislation:
(a) requiring denaturing agents or indicators to be added to wines
referred to in the first sentence of paragraph 1 in order to make
them more easily identifiable;
(b) where the appropriate authority is of the opinion that it is
justified, prohibiting the uses provided for in the second sentence
of paragraph 1 and requiring relevant products to be disposed
of.»; and
(d) in paragraph 4, for “Community or national rules in force”
substitute «law that was in force in the Island immediately».
(13) In Article 11 —
(a) in the first sentence, for “Annex V to Regulation (EC) No
479/2008” substitute «Annex 8 to Regulation (EU) No
1308/2013»;
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(b) in the second sentence, for “Member States may permit”
substitute «nothing in this Regulation prevents the appropriate
authority from making regulations under the relevant legislation
authorising»; and
(c) in the final sentence, for “Annex V to Regulation (EC) No
479/2008” substitute «Annex 8 to Regulation (EU) No
1308/2013».
(14) Omit Article 12a.
(15) Omit Article 14.
(16) In Article 14a —
(a) in paragraph 1 —
(i) for “Member States shall” substitute «the appropriate
authority must, by regulations made under the relevant
legislation,»; and
(ii) for “Member States may” substitute «The appropriate
authority may, by regulations made under the relevant
legislation,»;
(b) in paragraph 2, for “by Member States” substitute «in
regulations made by the appropriate authority»; and
(c) in paragraph 3, for the words from “in the different” to the end
substitute «is 8.0%».
(17) In Article 14b —
(a) in paragraph 1, for “competent authorities of the Member States”
substitute «appropriate authority»;
(b) in paragraph 2, for “Union legislation” substitute «retained EU
law»; and
(c) in paragraph 4, for “a competent authority of the Member State”
substitute «the appropriate authority».
(18) In Article 15 —
(a) in the heading omit “Community”;
(b) in paragraph 1 —
(i) for the words from “the second paragraph” to “479/2008”
substitute «Article 80(5) of Regulation (EU) No 1308/2013,
as read with Article 75(5)(d) of that Regulation,»; and
(ii) for “at Community level” substitute «in retained EU
law»; and
(c) omit paragraph 2.
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(19) After Article 17 omit the words from “This Regulation” to “Member
States.”.
(20) In Annex 1 A —
(a) in the table —
(i) in paragraphs 12 and 13, in the column numbered 2, for the
words from “points” to “479/2008” substitute «Sections C
and D of Part 1 of Annex 8 to Regulation (EU) No
1308/2013»;
(ii) in paragraph 21, in the column numbered 2, for the words
from “paragraphs” to the end substitute «points (1), (3) to
(9), (15) and (16) of Part 2 of Annex 7 to Regulation (EC) No
1308/2013»;
(iii) in paragraph 23, in the column numbered 2, for the words
from “paragraphs” to the end substitute «points (1), (7)
and (9) of Part 2 of Annex 7 to Regulation (EC) No
1308/2013»;
(iv) in paragraphs 24 to 31, in the column numbered 2, for the
words from “paragraphs” to the end substitute «points
(1), (3) to (9), (15) and (16) of Part 2 of Annex 7 to
Regulation (EC) No 1308/2013»;
(v) in paragraph 32, in the column numbered 1, for the words
from “Directive” to “foodstuffs” substitute «point 2 of
Annex 1 to Regulation (EC) No 1333/2008»;
(vi) omit paragraph 33;
(vii) in paragraphs 34 to 37 and 43, in the column numbered 2,
for the words from “paragraphs” to “479/2008” substitute
«points (1), (3) to (9), (15) and (16) of Part 2 of Annex 7 to
Regulation (EC) No 1308/2013»;
(viii) in paragraphs 46 and 48, in the column numbered 2, for the
words from “points” to “1234/2007” substitute «Sections
C and D of Part 1 of Annex 8 to Regulation (EC) No
1308/2013»;
(ix) in paragraph 49, in the column numbered 2, for the words
from “point” to “1234/2007” substitute «point 10 of Part 2
of Annex 7 to Regulation (EC) No 1308/2013»;
(x) in paragraph 50, in the column numbered 2, for the words
from “points” to “1234/2007” substitute «Sections C and D
of Part 1 of Annex 8 to Regulation (EU) No 1308/2013»;
and
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(xi) in paragraph 52, in the column numbered 2, for the words
from “paragraphs” to “1234/2007” substitute «points (1),
(3) to (9), (15) and (16) of Part 2 of Annex 7 to Regulation
(EC) No 1308/2013»;
(b) in Appendix 2, in paragraph 2, for “Directive 2008/84/EC”
substitute «Regulation (EU) No 231/2012»;
(c) in Appendix 4 —
(i) in the first paragraph, for the words from “Community” to
“thereof” substitute «retained EU law»; and
(ii) in the second paragraph —
(A) for “authorities of the Member States” substitute
«appropriate authority»; and
(B) after “authorities shall” insert «, by regulations
made under the relevant legislation,»;
(d) in Appendix 5 —
(i) for the first paragraph substitute —
«Potassium ferrocyanide or calcium phytate, the use of
which is provided for in paragraph 26 of Annex 1 A, or DL
tartaric acid, the use of which is provided for in paragraph
29 of Annex 1 A, may be used only under the supervision
of an oenologist or technician officially approved by the
appropriate authority in whose territory the process is
carried out. Where the appropriate authority considers it
necessary to fix the responsibilities of such oenologists and
technicians, nothing in this Regulation prevents the
authority from making regulations under the relevant
legislation for that purpose.»; and
(ii) for the third paragraph substitute —
«The appropriate authority must make regulations under
the relevant legislation regulating the supervision of the
use of the product referred to in the first paragraph.»;
(e) in Appendix 6, in the part headed “REQUIREMENTS” —
(i) in the second indent, for “Directive 2008/84/EC” substitute
«Regulation (EU) No 231/2012»; and
(ii) in the third indent, for “Article 185c(2) of Regulation (EC)
No 1234/2007” substitute «Article 147(2) of Regulation
(EU) No 1308/2013»;
(f) in Appendix 7 —
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(i) in the part headed “1. MEMBRANE REQUIREMENTS”, in
paragraph 1.4, in the first subparagraph —
(A) in the first indent, for “Annex II to Commission
Directive 2002/72/EC” substitute «Annex 1 to
Commission Regulation (EU) No 10/2011 on plastic
materials and articles intended to come into contact
with food»; and
(B) in the third indent, for “Directive 2002/72/EC”
substitute «Regulation (EU) No 10/2011»; and
(ii) in the part headed “2. MEMBRANE UTILISATION
REQUIREMENTS”, in the second paragraph, for “Article
112(2) of Regulation (EC) No 479/2008” substitute «Article
147(2) of Regulation (EU) No 1308/2013»;
(g) in Appendix 9, in the part headed “PURITY”, in the second
paragraph, for “Article 112(2) of Regulation (EC) No 479/2008”
substitute «Article 147(2) of Regulation (EU) No 1308/2013»;
(h) in Appendix 10, in the part headed “Requirements:” —
(i) in point (3), for “Annex XVa to Regulation (EC) No
1234/2007” substitute «Part 1 of Annex 8 to Regulation
(EU) No 1308/2013»;
(ii) in point (4), for the words from “subparagraph (a)” to the
end substitute «point (a) of the second paragraph of point
(1) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013»;
(iii) in point (6), for “Article 185c(2) of Regulation (EC) No
1234/2007” substitute «Article 147(2) of Regulation (EU)
No 1308/2013»; and
(iv) in point (7), for “The Member States may require”
substitute «Nothing in this Regulation prevents the
appropriate authority from making regulations under the
relevant legislation requiring»;
(i) in Appendix 12, in the part headed “Requirements” —
(i) in paragraph 3, for “Article 112(2) of Regulation (EC) No
479/2008” substitute «Article 147(2) of Regulation (EU) No
1308/2013»; and
(ii) in paragraph 4, for “Community and national provisions
adopted thereunder” substitute «retained EU law
adopted under that Regulation, national provisions
implementing Regulation (EC) No 1935/2004»;
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(j) in Appendix 14, in the third indent, for “Article 185c(2) of
Regulation (EC) No 1234/2007” substitute «Article 147(2) of
Regulation (EU) No 1308/2013»;
(k) in Appendix 15, in the part headed “Requirements:” —
(i) in point (6), for “Article 185c(2) of Regulation (EC) No
1234/2007” substitute «Article 147(2) of Regulation (EU)
No 1308/2013»; and
(ii) in point (7), for “EU and national provisions adopted
thereunder” substitute «retained EU law adopted under
that Regulation, national provisions implementing
Regulation (EC) No 1935/2004»;
(l) in Appendix 16, in the part headed “Requirements:” —
(i) in point (4), for “Annex XVa to Regulation (EC) No
1234/2007” substitute «Part 1 of Annex 8 to Regulation
(EU) No 1308/2013»; and
(ii) in point (9), for “adopted” substitute «made»;
(m) in Appendix 17, in the part headed “Requirements:” —
(i) in point (6), for “Article 185c(2) of Regulation (EC) No
1234/2007” substitute «Article 147(2) of Regulation (EU)
No 1308/2013»; and
(ii) in point (7), for “adopted” substitute «made»;
(n) in Appendix 18, in the part headed “REQUIREMENTS” —
(i) in point (3), for “Article 185c(2) of Regulation (EC) No
1234/2007” substitute «Article 147(2) of Regulation (EU)
No 1308/2013»; and
(ii) in point (4), for “adopted” substitute «made»; and
(o) in Appendix 19, in the part headed “Requirements:”, in point (3),
for “adopted” substitute «made».
(21) In Annex 1 C —
(a) in paragraph 2 —
(i) in point (a), for “Community” substitute «Island»;
(ii) in point (b) —
(A) for “third countries” substitute «countries other
than the British Islands and the European Union»;
and
(B) for “Community” substitute «Island»; and
(b) in paragraph 3 —
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(i) in the first subparagraph, for the words before point (a),
substitute —
«Nothing in this Regulation prevents the appropriate
authority from making regulations under the relevant
legislation derogating from paragraph 1:»; and
(ii) omit the second subparagraph.
(22) In Annex 1 D —
(a) in paragraph 2, for “Community”, in both places it occurs,
substitute «Island»;
(b) in paragraph 3, in the first subparagraph, in the words before
point (a), for “a Member State” substitute «on a case by case
basis, by the appropriate authority, by administrative decision»;
and
(c) in paragraph 5 —
(i) in point (a), omit “of the Member State on whose territory
the operation is to take place”; and
(ii) in point (c), for “Member States may” substitute «the
appropriate authority may, by administrative decision,».
(23) In Annex 2 —
(a) in point A —
(i) in paragraph 3, for “Regulation (EC) No 479/2008”
substitute «Regulation (EU) No 1308/2013»; and
(ii) in paragraph 8, for “Regulation (EC) No 479/2008”
substitute «Regulation (EU) No 1308/2013»;
(b) in point B, omit paragraph 2; and
(c) in point C, in paragraph 5, for the words from “paragraph 5(c)” to
“479/2008” substitute «point 5(c) of Part 2 of Annex 7 to
Regulation (EU) No 1308/2013».
(24) In Annex 3, in Part A —
(a) in point 1 —
(i) for “paragraph 3(c) of Annex IV to Regulation (EC) No
479/2008” substitute «point (3)(c) of Part 2 of Annex 7 to
Regulation (EU) No 1308/2013»; and
(ii) for “in Regulation (EC) No 479/2008” substitute «in
Regulation (EU) No 1308/2013»;
(b) for point 3 substitute —
«3. Unless otherwise prohibited by law, the oenological practices
referred to in Regulation (EC) No 1308/2013 and in this Regulation
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are authorised for liqueur wines and liqueur wines with a
protected designation of origin or a protected geographical
indication.»;
(c) in point 4(b), for the words from “paragraphs 3(e)” to “479/2008”
substitute «points (3)(e) and (f) of Part 2 of Annex 7 to
Regulation (EU) No 1308/2013»; and
(d) in point 5 —
(i) for the words from “paragraph 3(c)” to “to Regulation (EC)
No 479/2008” substitute «point (3)(c) of Part 2 of Annex 7
to Regulation (EU) No 1308/2013»; and
(ii) for “Article 24(1) of Regulation (EC) No 479/2008”
substitute «Article 81(2) of Regulation (EC) No
1308/2013».
22 Regulation (EU) No 251/2014 amended
(1) Regulation (EU) No 251/2014 of the European Parliament and of the
Council of 26 February 2014 on the definition, description, presentation,
labelling and the protection of geographical indications of aromatised
wine products and repealing Council Regulation (EEC) No 1601/9174 is
amended as follows.
(2) In Article 1(3) —
(a) for “Union”, in both places it occurs, substitute «Island»; and
(b) for “Member States” substitute «Island, United Kingdom».
(3) In Article 2 —
(a) renumber the unnumbered paragraph as paragraph 1;
(b) in paragraph 1 as renumbered, after point (3), insert —
«(4) ‘enactment’ includes statutory documents;
(5) ‘register’ means the register established and maintained
pursuant to Article 21;
(6) ‘third country’ means any country, other than the British
Islands.»; and
(c) after paragraph 1 as renumbered insert —
«2. In this Regulation, a reference to a competent authority is to
be interpreted as a reference to the Department of Environment,
Food and Agriculture.
3. ‘Department’ means the Department of Environment, Food and
Agriculture.».
74 Paragraph 50(4) of the Schedule to the retention regulations.
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(4) In Article 4 —
(a) in paragraph 2 —
(i) in the first subparagraph, for the words from
“Commission” to “Article 33” substitute «Department
may make regulations»;
(ii) in the second subparagraph, for “Commission” substitute
«Department»; and
(b) in paragraph 3 —
(i) in the first subparagraph —
(A) for the words from “Commission” to “acts,”
substitute «Department may, by regulations,
specify the»; and
(B) omit the third sentence; and
(ii) omit the second subparagraph.
(5) In Article 5 —
(a) in paragraph 1, for “Union” substitute «Island»; and
(b) in paragraph 5 omit “Without prejudice to Article 26,”.
(6) In Article 7 omit “Member State or third”.
(7) Omit Article 9.
(8) In Article 10 —
(a) omit paragraph 1; and
(b) in paragraph 2(f) —
(i) omit the words from “laid down” to “indication”; and
(ii) for “Union”, in the second place it occurs, substitute
«retained EU»; and
(c) after paragraph 2 insert —
«3. In paragraph 2(f), ‘applicable requirements’ means:
(a) requirements laid down in law relating to the use of the
geographical indication in the country in which the relevant
geographical area is located, including, where the geographical
area is located in, or partly within, the Island, requirements
contained in any enactment, and
(b) where they must be complied with in the country in which the
relevant geographical area is located, requirements laid down by
an organisation that manages the protected geographical
indication.».
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(9) Omit Article 11.
(10) Omit Article 13.
(11) Before Article 14 insert —
«Article 13a
Application for protection relating to a geographical area in the Island
An application for the protection of a geographical indication for an
aromatised wine product originating in the Island must be submitted to
the United Kingdom Secretary of State.».
(12) Omit Articles 14 to 16.
(13) In Article 18(1) —
(a) in the second subparagraph, for “Union” substitute «Island, the
United Kingdom or the Channel Islands»; and
(b) in the third subparagraph —
(i) in point (a), for “Union” substitute «Island, the United
Kingdom or the Channel Islands»; and
(ii) for point (b) substitute «any relevant enactment or
retained direct EU legislation».
(14) In Article 19 —
(a) in paragraph 1, in the first subparagraph, for “Commission”
substitute «United Kingdom Secretary of State»; and
(b) in paragraph 2, in the first subparagraph —
(i) for the words from “, if that possibility” to “Union”
substitute «in the Island»;
(ii) for “Commission” substitute «United Kingdom Secretary
of State»; and
(iii) for the words from “Directive” to the end substitute
«Consumer Protection (Trade Descriptions) Act 1970 or
the Trade Marks Act 1994 (of Parliament)».
(15) In Article 20 —
(a) in paragraph 3, for “Union” substitute «Island»; and
(b) omit paragraph 4.
(16) For Article 21 substitute —
«Article 21
Register
The Department must provide publicly accessible direction to an
electronic register of geographical indications for aromatised wine
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products protected under Regulation (EU) No 251/2014 of the European
Parliament and the Council75, as it applies in the United Kingdom under
the European Union (Withdrawal) Act 2018 (of Parliament).
(17) Omit Article 22.
(18) In Articles 23 to 27
(19) In Article 28 —
(a) for the heading substitute —
«Power to make regulations»;
(b) in paragraph 1, in the words before point (a), for the words from
“Commission” to “Article 33” substitute «Department may make
regulations»;
(c) omit paragraph 2;
(d) in paragraph 3 —
(i) in the words before point (a), for the words from
“Commission” to “Article 33” substitute «Department
may make regulations»;
(ii) in point (c), for “Commission” substitute «Department»;
and
(iii) omit point (g); and
(e) in paragraph 4, for the words from “Commission” to “Article 33”
substitute «Department may make regulations».
(20) In Article 29 —
(a) for the heading substitute —
«Further power to make regulations»;
(b) in paragraph 1 —
(i) in the first subparagraph —
(A) in the words before point (a), for the words from
“Commission” to “measures” substitute
«Department may make regulations»;
(B) in point (b), omit “referred to in Article 16”; and
(C) in point (d), for “Member States” substitute
«authorities specified in those regulations»; and
(ii) omit the second subparagraph; and
(c) in paragraph 2 —
75 OJ L 084, 20.3.2014, p.14.
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(i) in the first subparagraph, for the words from
“Commission” to “adopt” substitute «Department may,
by regulations, make provision for»; and
(ii) omit the second subparagraph.
(21) Omit Article 30.
(22) In Article 31 —
(a) omit paragraph 1; and
(b) in paragraph 2 —
(i) in the first subparagraph —
(A) for the words from “Commission” to “rules”
substitute «Department may make regulations»;
(B) omit “by the Member States”; and
(C) after “application of” insert «Chapter 2 of».
(ii) omit the second subparagraph; and
(iii) insert as the last subparagraphs —
«The Department may make regulations concerning the
administrative and physical checks to be conducted with
regard to the respect of obligations resulting from the
application of Chapter 3 of this Regulation.».
(23) In Article 32 —
(a) in paragraph 1, for “Member States and the Commission”
substitute «The authorities specified in paragraph 4»;
(b) in paragraph 2, in the words before point (a), for the words from
“Commission” to “lay” substitute «Department may make
regulations laying»;
(c) in paragraph 3 —
(i) in the first subparagraph —
(A) for the words before point (a) substitute —
«The Department may, by regulations, make»;
and
(B) in point (c), for “Member States, the competent
authorities” substitute «competent authorities in
the British Islands and»; and
(ii) omit the second subparagraph; and
(d) after paragraph 3 insert—
«4. The specified authority is the Department.».
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(24) For Article 33 substitute —
«Article 33
Provisions relating to regulations
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or
saving provisions;
(b) provisions amending, repealing or revoking statutory
documents and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(25) Omit Article 34.
(26) In Article 36 —
(a) omit paragraph 1;
(b) in paragraph 2 —
(i) for “have been” substitute «were»; and
(ii) after “Regulation (EEC) No 1601/91(a)” insert «as it had
effect in the Island immediately»; and
(c) in paragraph 3 —
(i) for “have been” substitute «were»; and
(ii) after “Regulation (EEC) No 1601/91” insert «, as that
Regulation had effect in the Island immediately before it
was repealed,».
(27) In Article 37 omit the second paragraph.
(28) After Article 37 omit the words from “This Regulation” to “Member
States.”.
(29) In Annex 1, in point (5) —
(a) in the second subparagraph, for the words from “Directive
2009/54/EC” to “Directive 98/83/EC” substitute «any relevant
water quality legislation»; and
(b) after the third subparagraph insert —
«In this point, ‘relevant water quality legislation’ means, in
relation to aromatised wine products marketed in the Island, the
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Water Act 1991 and the Natural Mineral Water, Spring Water and
Bottled Drinking Water Regulations 200976.»
(30) In Annex 2 —
(a) in Part A, in point (5) omit the second and third paragraphs; and
(b) in Part B —
(i) in point (3), in the second paragraph —
(A) for “other Member States” substitute «another
country»; and
(B) for “Member State” substitute «country»;
(ii) in point (4), in the second paragraph —
(A) for “other Member States” substitute «another
country»; and
(B) for “Member State” substitute «country»; and
(iii) in point (13), in the second paragraph —
(A) for “other Member States” substitute «another
country»; and
(B) for “Member States” substitute «country».
23 Commission Delegated Regulation (EU) 2019/33 amended
(1) Commission Delegated Regulation (EU) 2019/33 supplementing
Regulation (EU) No 1308/2013 of the European Parliament and of the
Council as regards applications for protection of designations of origin,
geographical indications and traditional terms in the wine sector, the
objection procedure, restrictions of use, amendments to product
specifications, cancellation of protection, and labelling and presentation77
is amended as follows.
(2) After Article 1 insert —
«Article 1a
Definitions
In this Regulation:
‘the appropriate authority’ means the Department of Environment,
Food and Agriculture;
‘the Article 25 Register’ means the register referred to in Article 25 of
Implementing Regulation (EU) 2019/34;
76 S.D. 405/09. 77 Paragraph 50(6) of the Schedule to the retention regulations, as amended by SD 2019/0122.
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‘third country‘ means any country, other than the British Islands;
‘relevant legislation’, in relation to the making of regulations referred to
in a provision, means regulations made under the Food Safety Act 1996
using an enabling power in that Act that confers power on the
appropriate authority to make regulations about the matter, or for the
purpose, specified in the provision in question.».
(3) In Article 4(2) omit the words from “, taking” to the end.
(4) In Article 5(1)(c) omit the words from “Member States”, in the first place
it occurs, to “third”.
(5) Omit Articles 6 to 8.
(6) In Article 13 —
(a) in paragraph 1 —
(i) in the first subparagraph —
(A) for “Commission may adopt implementing acts
granting” substitute «appropriate authority may,
by regulations, grant»; and
(B) for “a Member State” substitute «the Island»; and
(ii) in the second subparagraph —
(A) in the words before point (a) omit “Article 96(3) or”;
and
(B) in point (b), after “market” insert «in the Island»;
and
(b) in paragraph 2 —
(i) in the words before point (a), for “Commission may adopt
implementing acts extending” substitute «appropriate
authority may, by regulations, extend»; and
(ii) in point (a), for “Commission” substitute «appropriate
authority».
(7) In Article 15(2) —
(a) for “Commission” substitute «appropriate authority»;
(b) for “it shall publish the application for a Union” substitute «the
appropriate authority must publish, in such manner as appears
appropriate to the appropriate authority, the application for a
non-standard»;
(c) omit the words from “in the Official” to “series”; and
(d) for the second sentence substitute «The appropriate authority,
taking into account any admissible objection that has been lodged,
must decide whether to approve or reject the application.».
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(8) Omit Article 23.
(9) In Article 24(1) omit “Member State or third”.
(10) Omit Article 33(2).
(11) In Article 42 —
(a) in paragraph 1, for “Union” substitute «Island»; and
(b) in paragraph 2 —
(i) for “Member States may” substitute «the appropriate
authority may, by administrative decision,»; and
(ii) for “Union labelling and presentation rules in force”
substitute «labelling and presentation rules in retained
EU law».
(12) In Article 50 —
(a) in paragraph 1 —
(i) in the words before point (a), for “Union” substitute
«Island»; and
(ii) in point (b) —
(A) omit the first subparagraph; and
(B) in the second subparagraph, for the words from
“Member States” to “Regulation (EU) No
1308/2013” substitute «wines produced in the
Island»; and
(b) in paragraph 2, in the second subparagraph omit the words from
“and the equivalent” to “languages”.
(13) In Article 51 —
(a) in the first paragraph —
(i) in the words before point (a), for the words from “Member
States” to “‘varietal wine’” substitute «nothing in this
Regulation prevents the appropriate authority from
making regulations under the relevant legislation
permitting the use of the term ‘varietal wine’ on grapevine
products produced in the Island,»; and
(ii) in point (a), for “of the Member State(s) concerned”
substitute «‘Isle of Man’»;
(b) in the third paragraph, for the words from “name(s)” to the end
substitute «name ‘Isle of Man’ or the name of a third country»;
and
(c) in the fourth paragraph, for “of the Member State” substitute
«‘United Kingdom’».
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(14) In Article 52 —
(a) in paragraph 4, for “by the Member States or” substitute «in
relation to the Island, by law, or, in relation to a third country,
are»; and
(b) after paragraph 4 insert —
«5. For the purpose of paragraph 4, in relation to the Island, ‘by
law’ includes regulations made under the relevant legislation.».
(15) In Article 53(2), in the first subparagraph omit “Member States and”.
(16) In Article 55(2) —
(a) in the first subparagraph omit the second sentence; and
(b) omit the third subparagraph.
(17) In Article 57 —
(a) in paragraph 1, in the first subparagraph, in the words before
point (a), and in the second subparagraph, for “Union” substitute
«Island»; and
(b) in paragraph 2, for “Member States may decide” substitute
«nothing in this Regulation prevents regulations from being
made under the relevant legislation to provide».
(18) In Article 58 —
(a) in the heading omit “laid down by the producing Member
States”;
(b) omit paragraph 1;
(c) in paragraph 2, for “Member States may” substitute «Nothing in
this Regulation prevents regulations from being made under the
relevant legislation to»;
(d) in paragraph 3 —
(i) for “Member State may decide” substitute «nothing in
this Regulation prevents regulations from being made
under the relevant legislation»; and
(ii) at the end insert «where those grapevine products do not
bear a protected designation of origin or geographical
indication»; and
(e) for paragraph 4 substitute —
«4. For control purposes, nothing in this Regulation prevents
regulations from being made under the relevant legislation to
apply Articles 118, 119(1) (other than point (b)) and 120(1) (other
than point (d)) to products to which paragraph 5 applies.
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5. This paragraph applies to grapevine products bottled in the
territory of the appropriate authority that do not bear a protected
designation of origin or geographical indication and have not
been placed on the market.».
(19) For Article 61 substitute —
«Article 61
Transitional provisions
1. Products to which paragraph 2 applies may be marketed until stocks
are exhausted.
2. This paragraph applies to grapevine products:
(a) placed on the market, or labelled without being placed on the
market, in the Island before 14th January 2019,
(b) that do not comply with the requirements in force under this
Regulation, and
(c) that comply with the requirements of Regulation 607/2009 as those
requirements had effect immediately before Regulation 607/2009 was
repealed by this Regulation78 as it stood before its incorporation into
domestic law by the European Union and Trade Act 2019 (Retained
Direct EU Legislation) (DEFA and OFT) Regulations 201979.
3. Products to which paragraph 4 applies may be marketed:
(a) before the relevant day, and
(b) in relation to stocks of such products in existence immediately before
the relevant day, on and after the relevant day until stocks are
exhausted.
4. This paragraph applies to grapevine products:
(a) placed on the market, or labelled without being placed on the
market, in the Island, before the relevant day,
(b) that do not comply with the requirements in force under this
Regulation, and
(c) that comply with the requirements of this Regulation as it stood
before its incorporation into domestic law by the European Union and
Trade Act 2019 (Retained Direct EU Legislation) (DEFA and OFT)
Regulations 2019.
5. In this Article:
‘Regulation 607/2009’ means Commission Regulation (EC) No 607/2009
laying down certain detailed rules for the implementation of Council
78 OJ L 009, 11.1.2019, p. 2. 79 SD 2019/0037, as amended by SD 2019/0122.
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Regulation (EC) No 479/2008 as regards protected designations of origin
and geographical indications, traditional terms, labelling and
presentation of certain wine sector products80;
‘the relevant day’ means the day that falls 21 months after the day on
which exit day falls.».
(20) After Article 62 omit the words from “This Regulation” to “Member
States.”.
(21) In Annex 1, for Part A substitute —
«PART A
Terms referred to in Article 41(1)
Terms concerning sulphites/sulfites:
‘sulphites’ or ‘sulfites’
‘sulphur dioxide’ or ‘sulfur dioxide’
Terms concerning eggs and egg-based products:
‘egg’
‘egg protein’
‘egg product’
‘egg lysozyme’
‘egg albumin’
Terms concerning milk and milk-based products:
‘milk’
‘milk products’
‘milk casein’ or ‘milk protein’».
(22) For Annexes 2 and 3 substitute —
«ANNEX 2
Words referred to in point (b) of the second subparagraph of Article 46(3)
Words authorised instead of ‘producer’: ‘processor’ or ‘winemaker’
Words authorised instead of ‘produced by’: ‘processed by’ or ‘made by’
ANNEX 3
Indication of the sugar content
PART A
80 OJ L 193, 24.7.2009, p. 60, 0, repealed by Commission Delegated Regulation (EU) 2019/33 (OJ L
9, 11.1.2019, p. 2) and as last amended, before its repeal, by Commission Delegated Regulation
(EU) 2018/273 (OJ L 058, 28.2.2018, p. 1).
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List of terms referred to in Article 47(1), to be used for sparkling wine,
aerated sparkling wine, quality sparkling wine or quality aromatic
sparkling wine
Terms Conditions of use
extra dry If its sugar content is between 12 and 17 grams
per litre.
dry If its sugar content is between 17 and 32 grams
per litre.
medium dry If its sugar content is between 32 and 50 grams
per litre.
mild, sweet If its sugar content is greater than 50 grams
per litre.
PART B
List of terms referred to in Article 52(1), to be used for used for products
other than those listed in Part A
Terms Conditions of use
dry If its sugar content does not exceed:
— 4 grams per litre, or
— 9 grams per litre, provided that the total
acidity expressed as grams of tartaric acid per
litre is not more than 2 grams below the
residual sugar content.
medium dry If its sugar content exceeds the maximum
permitted but does not exceed:
— 12 grams per litre, or
— 18 grams per litre, provided that the total
acidity expressed as grams of tartaric acid per
litre is not more than 10 grams below the
residual sugar content.
medium, medium sweet If its sugar content exceeds the maximum
permitted but does not exceed 45 grams per
litre.
sweet If its sugar content is at least 45 grams per
litre.».
24 Commission Implementing Regulation (EU) 2019/34 amended
(1) Commission Implementing Regulation (EU) 2019/34 laying down rules
for the application of Regulation (EU) No 1308/2013 of the European
Parliament and of the Council as regards applications for protection of
designations of origin, geographical indications and traditional terms in
the wine sector, the objection procedure, amendments to product
specifications, the register of protected names, cancellation of protection
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and use of symbols, and of Regulation (EU) No 1306/2013 of the
European Parliament and of the Council as regards an appropriate
system of checks81 is amended as follows.
(2) In Article 1(f) omit “Union”.
(3) After Article 1 insert —
«Article 1a
Definition of ‘third country’
In this Regulation, ‘third country‘ means any country, other than the
British Islands.».
(4) Omit Article 2.
(5) In Article 17 —
(a) for the heading substitute —
«Names and addresses of competent authorities etc.»;
(b) omit the first sentence; and
(c) in the second sentence —
(i) for “Commission shall make public” substitute
«appropriate authority must make public, in such manner
as appears appropriate to the appropriate authority from
time to time,»; and
(ii) at the end insert «responsible for carrying out checks
relating to the use of protected designations of origin and
protected geographical indications in the Island».
(6) In Article 18 —
(a) in the heading, for “Commission” substitute «appropriate
authority»; and
(b) in the words before point (a), for “Commission, at its” substitute
«appropriate authority, at the appropriate authority’s”.
(7) In Article 19 —
(a) in paragraph 1 —
(i) in the second subparagraph, in the words before point (a)
omit the words from “in the” to “place”;
(ii) in the third subparagraph —
(A) omit “Member States opt to conduct”; and
(B) for “, they” substitute «are carried out, the
competent authority or the control body»; and
81 Paragraph 50(7) of the Schedule to the retention regulations, as amended by SD 2019/0122.
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(iii) in the fourth subparagraph —
(A) omit “Member States opt to conduct”; and
(B) for “, they” substitute «is carried out, the
competent authority or control authority»;
(b) omit paragraph 5;
(c) in paragraph 6, for “5” substitute «4»; and
(d) omit paragraphs 7 and 8.
(8) In Article 20 —
(a) in point (b)(ii), for “Member States legislation or product
specifications of” substitute «any other enactment relating to, or
in the product specification of, the»; and
(b) after the existing paragraph insert —
«In this Article, ‘enactment’ includes:
(a) statutory documents, and
(b) retained direct EU legislation.».
(9) In Article 32 —
(a) for “Commission”, in the first place it occurs, substitute
«appropriate authority»; and
(b) for the words from “through” to the end substitute «in such
manner as appears appropriate to the appropriate authority from
time to time».
(10) After Article 34 omit the words from “This Regulation” to “Member
States.”.
(11) Omit Annex 12.
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SCHEDULE 9
[Regulation 5(i)]
RETAINED DIRECT EU LEGISLATION CONCERNING FOOD SAFETY
AMENDED
PART 1
FOOD HYGIENE AND OFFICIAL CONTROLS FOR FEED AND FOOD
REGULATIONS
25 Commission Implementing Regulation (EU) No 636/2014 amended
(1) Commission Implementing Regulation (EU) No 636/2014 of 13 June 2014
on a model certificate for the trade of unskinned large wild game82 is
amended as follows.
(2) In Article 1 —
(a) for “Member States”, substitute «the Island from outside the
British Islands»;
(b) for “in the Annex”, substitute «in a model certificate as
published by the appropriate authority from time to time»;
(c) after the second subparagraph, insert —
«In this Article, “the appropriate authority” means the
Department of Environment, Food and Agriculture.».
(3) Omit the sentence following Article 2.
(4) Omit the Annex.
PART 2
NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING
WATER REGULATIONS
26 Commission Regulation (EU) No 115/2010 amended
(1) Commission Regulation (EU) No 115/2010 of 9 February 2010 laying
down the conditions for use of activated alumina for the removal of
fluoride from natural mineral waters and spring waters83 is amended as
follows.
82 Paragraph 54(13A) of the Schedule to the retention regulations, as amended by SD 2019/0122. 83 Paragraph 59 of the Schedule to the retention regulations.
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(2) After Article 5, omit the words from “This Regulation” to “Member
States.”.
(3) In the Annex, in point 4, for “in accordance with the Council Directive”
substitute «(in relation to the use of activated alumina to remove
fluoride from natural mineral water or spring water) in accordance with
regulation 17 of the Natural Mineral Water, Spring Water and Bottled
Drinking Water Regulations 200984».
84 SD 405/09
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SCHEDULE 10
[Regulation 5(j)]
RETAINED DIRECT EU LEGISLATION CONCERNING IMPORTATION OF
PRODUCTS FROM THIRD COUNTRIES AMENDED
27 Commission Decision 2000/572/EC amended
(1) Commission Decision of 8 September 2000 laying down the animal and
public health and veterinary certification conditions for imports of meat
preparations into the Community from third countries (2000/572/EC)85 is
amended as follows.
(2) In Article 1 —
(a) number the existing text as paragraph 1; and
(b) after paragraph 1, insert —
«2. In this Decision:
“the appropriate authority” means the Department of
Environment, Food and Agriculture;
“meat preparations” means fresh meat, including meat that has
been reduced to fragments, which has had foodstuffs, seasonings
or additives added to it or which has undergone processes
insufficient to modify the internal muscle fibre structure of the
meat and thus to eliminate the characteristics of fresh meat;
“third country” means any country other than a member State or
the British Islands.
3. For the purposes of this Decision, Articles 12(4) and 13 of
Directive 1997/78 are to be read as if:
(a) any reference to ‘Community’ were replaced by a reference to
‘national’;
(b) in Article 12(4)(b), in the second indent, as if the words from
“or” to the end were omitted;
(c) in Article 13(2)(b), ‘Member State from which the products are
delivered’ were replaced by ‘the Island’;
(d) in Article 13(4), ‘Member State from which the products are
supplied’ were replaced by ‘the Island’;
(e) Article 13(6):
(i) enabled the appropriate authority to publish from time to time
detailed rules for the application of Article 13, including the
85 Paragraph 66(4) of the Schedule to the retention regulations.
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checking procedures to be carried out on departure and during
transport and delivery of the products due to be delivered directly
on board means of sea transport, including proof that such
products have reached their legal destination, and
(ii) did not include the reference to the procedure laid down in
Article 29;
(f) any duty to provide information to the Commission or to
Member States (other than the Member State of destination) were
omitted.».
(3) In Article 4 —
(a) in paragraph 2, for “and conforming to the model laid down in
Annex II” substitute «in accordance with a certificate as
published by the appropriate authority from time to time»; and
(b) in paragraph 3, for “at least one of the official languages of the
Member State of introduction into the Community” substitute
«English and may also appear in other languages».
(4) In Article 4a —
(a) for the words before point (a) substitute —
«The appropriate authority must ensure that consignments of
meat preparations for human consumption which are introduced
onto their territory and are destined for a third country by transit,
either immediately or after storage in accordance with Articles
12(4) or 13 of Directive 97/78/EC, and which are not intended for
importation into the Island, comply with the following
requirements:»;
(b) for point (a) substitute —
«(a) they shall come from the territory of a third country, or part
of a third country, listed in Annex II, Part 1 to Regulation (EC) No
206/2010 for the import of fresh meat of those species or which is
listed in Annex I, Part 1 to Regulation (EC) No 798/2008 for the
import of fresh poultry meat or listed in Annex I, Part 1 to
Regulation (EC) No 119/2009 for the import of rabbit and game
meat;»;
(c) in point (b), for the words from “one of the corresponding” to the
end substitute «the animal health certificate for the import of
fresh meat of a specified species, poultry meat, or rabbit and game
meat as published by the appropriate authority from time to
time»; and
(d) in point (c), for “established in accordance with the model laid
down in Annex III” substitute «for transit and storage of meat
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preparations as published by the appropriate authority from time
to time».
(5) Omit Articles 4b and 7.
(6) Omit Annexes 2 and 3.
28 Commission Decision 2001/812/EC amended
(1) Commission Decision of 21 November 2001 laying down the
requirements for the approval of border inspection posts responsible for
veterinary checks on products introduced into the Community from
third countries (2001/812/EC)86 is amended as follows.
(2) Before Article 1 insert —
«Article Z1
In this Decision, “the appropriate authority” means the Department of
Environment, Food and Agriculture.».
(3) In Article 1, paragraph 2, for “Community” substitute «Island».
(4) In Article 2, paragraph 1, omit “, in order to be approved and listed in the
Official Journal and to maintain approval,”.
(5) In Article 3 —
(a) for paragraph 1 substitute —
«1. The appropriate authority may approve a border inspection
post for the inspection of all products or of certain categories of
products only. Where a border inspection post is approved for
certain categories of products only, the appropriate authority
must be satisfied that the border inspection post has the necessary
facilities, personnel and equipment to carry out the inspection of
those categories of products.»;
(b) in paragraph 2, for “In the Official Journal, border inspection
posts will be listed showing them” substitute «The appropriate
authority must maintain a list of border inspection posts in the
Island showing them as approved»; and
(c) for paragraph 5 substitute —
«5. A border inspection post operator must notify the
appropriate authority of any change in the infrastructure or
operation of a border inspection post, or of an inspection centre
within that post, that has any bearing on its approval. Additions
to the categorisation of any border inspection post may be
proposed by the appropriate authority, after the appropriate
86 Paragraph 66(5) of the Schedule to the retention regulations.
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authority has checked that the facilities comply with this
Decision.».
(6) In Article 4 —
(a) in paragraph 1, for “Community legislation” substitute «national
legislation»;
(b) in paragraph 2 —
(i) in point (a), for “an Animo system terminal” substitute
«access to the United Kingdom’s system for import
control notifications»; and
(ii) in point (c), for the words from “the derogation” to
“apply” substitute «Article 2 of Decision 93/352/EEC
applies»; and
(c) in paragraph 5, omit the last sentence.
(7) In Article 5 —
(a) in paragraph 1 —
(i) for the words from “Member States” to “competent
authority” substitute «the appropriate authority after the
appropriate authority»; and
(ii) omit “, for listing in the Official Journal”; and
(b) in paragraph 3, for “an Animo system terminal” substitute
«access to the United Kingdom’s system for import control
notifications».
(8) In Article 6 —
(a) for the words before the first indent substitute —
«In the circumstances referred to in Article 6.2(b) of Directive
97/78/EC, the reasonable time intervals to comply with the
recommendations made pursuant to inspection reports, before the
appropriate authority withdraws the border inspection post from
the approved list in full or in part, in the latter case with regard to
the product categories and/or inspection centres concerned by the
recommendations, taken from the date of receipt of the final
report, are as follows:»;
(b) in the first indent, omit “between the Member State and the
Commission”.
(9) Omit Article 8.
(10) In the Annex —
(a) in paragraph 3 —
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(i) in the second subparagraph, in the words before point 1,
for “Pending the implementation of the Shift system, the
official veterinarian” substitute «The official
veterinarian»;
(ii) in point 1, for “Community or, where applicable, to certain
Member States” substitute «Island»;
(iii) for point 2 substitute —
«2. copies of relevant retained EU law specifying a
specimen health certificate, or any other document which
must accompany products from third countries;»;
(iv) in point 3, for “Community” substitute «Island»;
(v) in point 4, omit “to the Community”;
(vi) in point 6, for “in all Member States” substitute «the
Island»;
(vii) in point 7, omit the words “for that Member State” to the
end; and
(viii) in point 8, for “EC” substitute «national»; and
(b) in paragraph 4 —
(i) in the words before point 1, for “TRACES” substitute «the
United Kingdom’s system for import control
notifications»; and
(ii) for point 1 substitute —
«1. up-to-date information on consignments of products
for which import or entry into the Island has been refused
and which have been re-dispatched which must be
communicated to each border inspection post by the
central competent authority;».
29 Commission Decision 2003/779/EC amended
(1) Commission Decision of 31 October 2003 laying down animal health
requirements and the veterinary certification for the import of animal
casings from third countries (2003/779/EC)87 is amended as follows.
(2) For Article 1 substitute —
«Article 1
1. The appropriate authority must authorise the importation of animal
casings from any third country accompanied by a health certificate as
87 Paragraph 66(6) of the Schedule to the retention regulations.
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published by the appropriate authority from time to time which must
consist of one sheet.
2. In this Decision:
“the appropriate authority” means the Department of Environment,
Food and Agriculture;
“third country” means any country other than a member State or the
British Islands.».
(3) For Article 1a substitute —
«Article 1a
1. The appropriate authority must ensure that consignments of animal
casings for human consumption which are introduced into the Island
and are destined for a third country by transit, either immediately or
after storage in accordance with Articles 12(4) or 13 of Directive
97/78/EC, and which are not intended for importation into the Island,
the United Kingdom or the Channel Islands, comply with the following
requirements:
(a) they must meet the specific animal health conditions set out in the
health certificate;
(b) they must be accompanied by the health certificate as published by
the appropriate authority from time to time, signed by an official
veterinarian of the competent veterinary services of the third country
concerned;
(c) they are certified as acceptable for transit or storage (as appropriate)
on the Common Veterinary Entry Document by the official veterinarian
of the Border Inspection Post of introduction.
2. For the purposes of paragraph 1, Articles 12(4) and 13 of Directive
97/78/EC are to be read as follows:
(a) any reference to “Community” is to be construed as a reference to
“national”;
(b) “Member State” from which the products are delivered” is to be
construed as a reference to the Island;
(c) “Member State from which the products are supplied” is to be
construed as a reference to the Island;
(d) Article 13 is to be treated as if paragraphs 5 and 6 were omitted.».
(4) Omit Articles 1b, 2 and 3.
(5) Omit Annexes 1A, 1B, 2 and 3.
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30 Commission Decision 2007/777 amended
(1) Commission Decision of 29 November 2007 laying down the animal and
public health conditions and model certificates for imports of certain
meat products and treated stomachs, bladders and intestines for human
consumption from third countries and repealing Decision 2005/432/EC
(2007/777/EC)88 is amended as follows.
(2) In Article 1 —
(a) in paragraph 1, in the words before point (a), for “Community”
substitute «Island» in both places;
(b) in paragraph 2, for “Decision 2004/432/EC” substitute «Decision
2011/163/EU»; and
(c) after paragraph 2, insert —
«3. In this Decision:
“the appropriate authority” means the Department of
Environment, Food and Agriculture;
“third country” means any country other than a member State or
the British Islands.».
(3) In Article 2, in the words before point (a) —
(a) for “Member States” substitute «The appropriate authority»;
and
(b) for “Community” substitute «Island».
(4) In Article 3, in the words before point (a) —
(a) for “Member States” substitute «The appropriate authority»;
and
(b) for “Community” substitute «Island».
(5) In Article 4 —
(a) in the heading, for “Community” substitute «Island»;
(b) in the words before point (a), for “Member States” substitute
«The appropriate authority»;
(c) in point (a) —
(i) omit “the Community” where it first appears; and
(ii) for “Community” where it appears for the second time,
substitute «Island»; and
88 Paragraph 66(10) of the Schedule to the retention regulations.
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(d) in point (b), for “set out in Annex 3 are imported into the
Community” substitute «as published by the appropriate
authority from time to time are so imported».
(6) In Article 5 —
(a) in the heading, for “Community” substitute «Island»;
(b) (in the words before point (a) —
(i) for “Member States” substitute «The appropriate
authority»;
(ii) for the first reference to “Community” substitute
«Island»; and
(iii) for the second reference to “Community” substitute
«Island»;
(c) in point (b), for “in Annex 3” substitute «as published by the
appropriate authority from time to time»;
(d) in point (c), for “set out in Annex 4” substitute «as published by
the appropriate authority from time to time»; and
(e) in point (d), for “Community” substitute «Island».
(7) Omit Articles 6, 6a, 7, and 10.
(8) In Annex 1 —
(a) in paragraph 1, in point (a), for “Community” substitute
«Island»; and
(b) in paragraph 3 —
(i) in the second subparagraph, omit “Community” in both
places;
(ii) for “Decision 79/542” substitute «Regulation (EU) No
206/2010«; and
(iii) in the third subparagraph —
(A) for the first reference to “Community” substitute
«Island»; and
(B) omit the second reference to “Community”.
(9) Omit Annexes 3 and 4.
31 Commission Regulation (EC) No 798/2008 amended
(1) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down
a list of third countries, territories, zones or compartments from which
poultry and poultry products may be imported into and transit through
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the Community and the veterinary certification requirements89 is
amended as follows.
(2) In Article 1 —
(a) in paragraph 1 —
(i) in the words before point (a), for “Community” substitute
«Island»; and
(ii) in the words after point (b), for “Community” substitute
«Island»; and
(b) in paragraph 3, for “Community agreements with” substitute
«agreements between the United Kingdom and».
(3) In Article 2, after the definition in numbered point (20), insert —
«(21) ‘the appropriate authority’ means the Department of
Environment, Food and Agriculture;
(22) ‘third country’ means any country other than a member State or the
British Islands.».
(4) In Article 3 —
(a) in the heading for “Community” substitute «Island»; and
(b) in the text, for “Community” substitute «Island».
(5) In Article 4 —
(a) in paragraph 1 —
(i) for “Community” substitute «Island»;
(ii) for the words from “as referred to in column 4” to “Annex
I” substitute «as published by the appropriate authority
from time to time»; and
(iii) for the words from “completed in accordance” to the end
substitute «completed in accordance with any notes in
relation to that certificate as published from time to time by
the appropriate authority»;
(b) in paragraph 2 —
(i) for “as set out in Annex II” substitute «as published by
the appropriate authority from time to time»; and
(ii) for the words from “completed in accordance” to the end
substitute «completed in accordance with any relevant
explanatory notes published by the appropriate authority
from time to time»;
(c) in paragraph 3 —
89 Paragraph 66(12) of the Schedule to the retention regulations.
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(i) in the words before point (a), for “Community” substitute
«Island»; and
(ii) in point (a), for “EC” substitute “United Kingdom”;
(d) in paragraph 4 —
(i) for “Community” substitute «Island»; and
(ii) for “set out in Annex XI” substitute «as published by the
appropriate authority from time to time»; and
(e) for paragraph 5 substitute —
«5. For the purposes of this Regulation, transit may include
storage during transit in accordance with Articles 12 and 13 of
Directive 97/78/EC, read as if:
(a) ‘Community’, in each place where it appears, were replaced by
‘national’;
(b) ‘A Member State’ in Article 12(6) were replaced by ‘The
appropriate authority’;
(c) Article 12(10) were omitted;
(d) in the first sentence of Article 12(11), “1 to 10” were replaced
by “1 to 9”;
(e) in Article 12(11):
(i) in the first subparagraph, for the words from “, the competent
authority” to the end of that subparagraph, there were substituted
“, the appropriate authority shall suspend or withdraw its
approval as referred to in paragraph 4(b); The relevant competent
authority must inform the other appropriate authorities of any
such withdrawal”, and
(ii) in the second subparagraph, for “national law of the member
State concerned”, there were substituted “national law”;
(f) Article 12(12) were omitted;
(g) ‘Member State from which the products are delivered’ in
Article 13 were replaced by ‘the Island’;
(h) ‘Member State from which the products are supplied’ in
Article 13 were replaced by ‘the Island’;
(i) Article 13(6) were omitted;
(j) any duty in Article 13 to provide information to the
Commission or to Member States (other than the Member State of
destination) were omitted.».
(6) In Article 5, in paragraph 1 —
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(a) in the words before point (a), for “Union” substitute «Island»;
and
(b) in point (e), for “Member State of destination” substitute
«Island».
(7) In Article 6 —
(a) for “Community” substitute «Island» in each place; and
(b) for “Member State of destination” substitute «Island».
(8) In Article 7 —
(a) in the words before point (a), for “Community” substitute
«Island»;
(b) in point (a), for “Commission” substitute «appropriate
authority»;
(c) in point (b) —
(i) for “the Community reference laboratory” substitute «a
laboratory which has been approved by the appropriate
authority as a national reference laboratory,»; and
(ii) for “Community is” substitute «Island is»; and
(d) in point (c), for “Commission” substitute «the appropriate
authority».
(9) In Article 8, in the words before paragraph 1 point (a), for “Community”
substitute «Island».
(10) In Article 9, in paragraph 1, for “Community” substitute, «Island».
(11) In Article 10 —
(a) in the words before point (a), for “Community” substitute «the
Island»; and
(b) in point (b), for “Commission” substitute «appropriate
authority».
(12) In Article 11 —
(a) in the words before point (a), for “Community” substitute
«Island»; and
(b) in point (b), for “Commission” substitute «appropriate
authority».
(13) In Article 12, in paragraph 1, in the words before point (a), for
Community” substitute «Island».
(14) In Article 13, in paragraph 2, for “Community” substitute «Island».
(15) In Article 15, in the words before point (a) and in point (c), for
“Community” substitute «Island» in each place.
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(16) In Article 16 —
(a) in the words before point (a), for “Community” substitute
«Island»; and
(b) in point (b), for “Community” substitute «Island» in each place.
(17) In Article 17, for “Community” substitute «Island».
(18) Omit Articles 18, 18a and 20 and the final paragraph of Article 21.
(19) In Annex 1 —
(a) in Part 1, in footnotes 1 and 2 to the table, for “Union” in each
place substitute «Island»;
(b) in Part 2 —
(i) omit the heading “Model Veterinary Certificates” and all
the text below ending with “model veterinary certificate
for egg products”;
(ii) in the section headed “Additional Guarantees (AG)”, omit
point 10;
(iii) in the section headed “Salmonella control programme” —
(A) for “Community”, in each place it occurs, substitute
«Island»;
(B) for “Commission”, in each place it occurs, substitute
«appropriate authority»; and
(C) for “Union”, in each place it occurs, substitute
«Island»;
(iv) in the section headed “Specific Conditions” —
(A) in the first and second paragraphs, for “transit
trough the Community” substitute «transit
through the Island»; and
(B) in the third paragraph, for “Union” in each place it
occurs, substitute «Island»; and
(v) in the section headed “Notes”, omit the general notes and
the additional notes for day old chicks; and
(c) omit the model certificates.
(20) Omit Annex 2.
(21) In Annex 3 —
(a) in the heading “for Community Acts” substitute «Island
legislative requirements»;
(b) in Part 1 —
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(i) in the heading, for “Community” substitute «Island»;
(ii) in point 8.2, in the words before point (a), for “Union”
substitute «Island»;
(iii) in point 8.3(a) and (b), for “Union” substitute «Island» in
each place; and
(iv) in point 8.4, for “Union” substitute «Island»; and
(c) in Part 2, in the heading, for “Community” substitute «Island».
(22) In Annex 4, in Part 1, point 11, for “avian influenza national reference
laboratory, OIE or Community reference laboratory for avian influenza”
substitute «a laboratory which has been approved by the appropriate
authority as a national reference laboratory for avian influenza or OIE».
(23) In Annex 7, Part 1, points 1(a), (b) and (d), for “Community” substitute
«Island» in each place.
(24) In Annex 8 —
(a) in Part 1 —
(i) in point 1, for “Community” substitute «Island»; and
(ii) in point 3 —
(A) for “Community”, where it first appears, substitute
«Island»; and
(B) for “in one of the official languages of the
Community” substitute «in English, whether or
not it also appears in other languages»; and
(b) in Part 2, in paragraph 2, for “Member State” substitute
«member State».
(25) In Annex 9 —
(a) in Part 2 —
(i) in paragraph 1, for “in accordance with” substitute «set
out in»; and
(ii) in paragraph 3, for the second subparagraph substitute —
«Where day old chicks of ratites are not reared in the
Island or United Kingdom, they must be transported
directly to the final destination (as specified in the health
certificate as published by the appropriate authority from
time to time) and kept there for at least three weeks from
the day of hatching.»;
(b) in the heading to Part 3, for “Community” substitute «Island»;
and
(c) in Part 4, for point (c) substitute —
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«(c) where ratites are to be sent to the Island, a serological test
must be carried out on each ratite, in addition to the virus
isolation test provided for in point (b) of this Part, where the
status of the Island has been established in accordance with
Article 12(2) of Directive 2009/158/EC;».
(26) In Annex 10, in Part 1, for “Community” substitute «Island» in each
place.
(27) Omit Annex 11.
32 Commission Regulation (EC) No 119/2009 amended
(1) Commission Regulation (EC) No 119/2009 of 9 February 2009 laying
down a list of third countries or parts thereof, for imports into, or transit
through, the Community of meat of wild leporidae, of certain wild land
mammals and of farmed rabbits and the veterinary certification
requirements90 is amended as follows.
(2) In Article 1 —
(a) in paragraph 1, in point (a), for “Community” substitute
«Island»;
(b) in paragraph 3, in point (i), for “Community agreements with”
substitute «agreements between the United Kingdom and».
(3) In Article 3 —
(a) in the heading, for “Community” substitute «Island»;
(b) for the text substitute —
«The commodities that may be imported into, or transited
through, the Island from a third country are confined to those
from a third country or parts thereof listed in Part 1 of Annex I;
and in this Regulation “third country” means a country other than
a member State or the British Islands,».
(4) In Article 4 —
(a) in paragraph 1 —
(i) for “Community” substitute «Island»;
(ii) for “set out in Annex II” substitute «as published by the
appropriate authority from time to time»;
(iii) omit the words from “completed” to the end;
(b) in paragraph 2 —
(i) for “Community” substitute «Island»;
90 Paragraph 66(12A) of the Schedule to the retention regulations, as amended by Schedule 1 to
these regulations.
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(ii) for “set out in Annex III” substitute «as published by the
appropriate authority from time to time»;
(c) in paragraph 3, for the words from “for a certain” to “Part 3 of
Annex I” substitute «by the Island»;
(d) in paragraph 4 omit “agreed” and “harmonised at Community
level”;
(e) after paragraph (4), insert —
«5. In this Article, “the appropriate authority” means the
Department of Environment, Food and Agriculture».
(5) Omit Article 5, the second sentence of Article 6, Article 7 and the final
paragraph of Article 8.
(6) Omit Parts 2, 3 and 4 of Annex 1.
(7) Omit Annexes 2, 3 and 4.
33 Commission Regulation (EC) No 206/2009 amended
(1) Commission Regulation (EC) No 206/2009 of 5 March 2009 on the
introduction into the Community of personal consignments of products
of animal origin and amending Regulation (EC) No 136/200491 is
amended as follows.
(2) In Article 1 —
(a) in paragraph 1, for “into the Community” substitute «into the
Island»;
(b) in paragraph 2, before “Andorra”, insert «a member State,»;
(c) in paragraph 3, for “Community” substitute «national»; and
(d) after paragraph 4 insert —
«5. In this Regulation:
“the appropriate authority” means the Department of
Environment, Food and Agriculture;
“third country” means any country other than a member State or
the British Islands.».
(3) In Article 2 —
(a) in the heading, for “Community”, substitute «Island»; and
(b) in paragraph 1 —
(i) for “Article 16(1)(a), (b) and (d)” substitute «Article
16(1)(a) (read as if “a Member State or” were omitted and
91 Paragraph 66(13) of the Schedule to the retention regulations.
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as if “Community” were replaced by “national”), 16(1)(b)
(read as if both “paragraph 3” and “Community rules”
were replaced by “national rules”) and 16(1)(d) (read as if
“paragraph 3” were replaced by “national rules”)»; and
(ii) omit “, and in 16(4)”.
(4) In Article 3 —
(a) in the heading omit “by Member States”;
(b) for paragraph 1 substitute —
«1. The appropriate authority must ensure that the veterinary
conditions applicable to personal consignments introduced into
the Island are brought to the attention of travellers arriving from a
third country.»;
(c) for paragraph 2 substitute —
«2. The information provided to travellers pursuant to paragraph
1, which must include information relevant to keeping animal
disease out of the Island, must be displayed by prominent notices
placed in easily visible locations.»;
(d) in paragraph 3 —
(i) in the words before point (a), for “Member States”,
substitute «The appropriate authority»; and
(ii) for point (a) substitute —
«(a) information published by the appropriate authority
regarding the procedures for the introduction of certain
listed animal products into the Island, and what constitutes
the small quantities that are acceptable as small personal
consignments;»; and
(e) in paragraph 4 —
(i) for point (a) substitute «English»;
(ii) in point (b) —
(A) for “a second language”, substitute «one or more
languages»;
(B) for “that second language”, substitute «those other
languages»;
(C) omit “the language used in the neighbouring
country or,”; and
(D) for “the language which is”, substitute «any of the
languages which are»; and
(iii) in the final subparagraph —
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(A) for “Member States”, substitute «The appropriate
authority»; and
(B) omit “into the Community”.
(5) In Article 4, omit the words from “, in particular” to the end.
(6) In Article 5 —
(a) in paragraph 1, for “Community”, substitute «Island»; and
(b) in paragraph 3, omit “of the Member State”.
(7) In Article 6, in paragraph 3, for “Member States”, substitute «The
appropriate authority».
(8) Omit Article 10 and the final paragraph of Article 11.
(9) Omit Annexes 3, 4, 5 and 6.
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SCHEDULE 11
[Regulation 5(k)]
RETAINED DIRECT EU LEGISLATION CONCERNING PLANT HEALTH AND
PLANT PROTECTION AMENDED
Regulation (EC) No 1107/2009 amended
(10) Regulation (EC) No 1107/2009 of the European Parliament and of the
Council of 21 October 2009 concerning the placing of plant protection
products on the market and repealing Council Directives 79/117/EEC and
91/414/EEC92 is amended as follows.
(11) In Article 1 —
(a) in paragraph 1, for “Community” substitute «Island»;
(b) in paragraph 3, omit “internal”; and
(c) in paragraph 4, in the second sentence, for “Members States”
substitute «the competent authority».
(12) In Article 2(1)(c), for “special Community” substitute «retained EU
law».
(13) In Article 3 —
(a) for the heading substitute «Definitions: general»;
(b) in paragraph 4, in the definition of “substance of concern”, in the
second subparagraph —
(i) for “dangerous” substitute «hazardous»; and
(ii) for “Article 3 of Directive 1999/45/EC” substitute «that
Regulation»;
(c) in paragraph 9, in the definition of “placing on the market” —
(i) in the first sentence, for “Community” substitute
«Island»; and
(ii) in the second sentence, for “into the territory of the
Community” substitute «in the Island».
(d) in paragraph 10, in the definition of “authorisation of a plant
protection product” —
(i) for “the competent” substitute «a UK competent»; and
(ii) omit “of a Member State”; and
(iii) omit “in its territory”;
92 Paragraph 67(6) of the Schedule to the retention regulations.
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(e) in paragraph 16, at the end insert «, as last amended by Directive
(EU) 2015/412 of the European Parliament and of the Council93»;
(f) omit paragraphs 17 and 22;
(g) in paragraph 25, in the definition of “professional user”, after
“Directive 2009/128/EC(c)” insert «, and for these purposes,
Directive 2009/128/EC is to be read as if Article 3(10)(b) were
omitted»;
(h) in paragraph 26, in the definition of “minor use” —
(i) in the words before point (a), omit “in a particular Member
State”; and
(ii) in point (a), for “that Member State” substitute «the
Island»;
(i) omit paragraph 30; and
(j) after paragraph 31 insert —
«31A. “the Department” means the Department of Environment,
Food and Agriculture;
31B. ‘approvals register’ means the register maintained in
accordance with Article 27A;
31C. ‘unacceptable co-formulants register’ means the register
maintained in accordance with Article 27B;
31D. ‘retained EU law’ has the meaning given by Schedule 1 of
the European Union and Trade Act 2019;».
(14) After Article 3 insert —
«Article 3A
Definitions: competent authority and appropriate authority
1. The Department is the competent authority.
2. In this Regulation, “the appropriate authority” means the
Department.»;
3. “A UK competent authority” is —
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Scotland, the Scottish Ministers;
(d) in relation to Northern Ireland, the Department of
Agriculture, Environment and Rural Affairs.
(15) Omit Articles 4 to 6.
93 OJ No L 68, 13.3.2015, p 1, as corrected by a Corrigendum (OJ No L 82, 26.3.2018, p 17).
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(16) In Article 7 —
(a) for paragraph 1 substitute —
«1. An application for the approval of an active substance may
be submitted by the producer of the active substance to a UK
competent authority.
1A. An application for an amendment to the conditions of an
approval may be submitted by the producer of the active
substance to a UK competent authority.
1B. A joint application may be submitted under paragraph 1 or 1A
by an association of producers designated by the producers for
the purpose of compliance with this Regulation.»;
(b) omit paragraph 2; and
(c) omit paragraphs 3 to 5.
(17) Omit Articles 8 to 17.
(18) In Article 18 —
(a) the existing first paragraph becomes paragraph 1;
(b) in that paragraph 1 —
(i) in the first sentence, for “The Commission” substitute
«The competent authority»; and
(ii) in the second sentence, for “Member States, the
Commission and the Authority” substitute «competent
authority»;
(c) the existing second paragraph becomes paragraph 2;
(d) in that paragraph 2, omit point (f); and
(e) after that paragraph 2, insert —
«3. The competent authority may vary or withdraw a work
programme established by it.
4. The competent authority must publish the work programme
and notice of any variation or withdrawal of a work programme
in such manner as the competent authority thinks appropriate.».
(19) Omit Articles 19 to 26.
(20) In Article 27 —
(a) omit paragraphs 2 and 3;
(b) omit paragraph 4; and
(c) for paragraph 5 substitute —
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«5. The appropriate authority may, by regulations, make
provision necessary for the implementation of this Article.».
(21) After Section 3, insert —
«SECTION 4
Registers
Article 27A
Approvals register
The competent authority must provide direction to the United Kingdom
approvals register of active substances, safeners, synergists, low-risk
active substances, basic substances and candidates for substitution
approved in accordance with Regulation (EC) No 1107/2009 as it forms
part of the law of England and Wales, Scotland and Northern Ireland by
virtue of section 3 of the European Union (Withdrawal) Act 2018 (of
Parliament) as amended from time to time by that law.
Article 27B
Unacceptable co-formulants register
1. The competent authority must provide direction to the United
Kingdom register of coformulants which are not acceptable for inclusion
in a plant protection product in accordance with Regulation (EC) No
1107/2009 as it forms part of the law of England and Wales, Scotland
and Northern Ireland by virtue of section 3 of the European Union
(Withdrawal) Act 2018 (of Parliament) as amended from time to time by
that law.».
(22) In Article 28 —
(a) in paragraph 1, for “in the Member State concerned” substitute
«in the United Kingdom»; and
(b) in paragraph 2 —
(i) omit point (b);
(ii) in point (c) —
(A) for “another Member State” substitute «the United
Kingdom»; and
(B) for the words from “in that Member State” to the
end substitute «for use in the United Kingdom»;
(iii) in point (d) —
(A) for “in a third country” substitute «outside the
Island and the United Kingdom»;
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(B) for the words from “the Member State” to
“inspection requirements” substitute «there are
inspection requirements in place»; and
(C) for “its territory” substitute «the Island and the
United Kingdom»; and
(iv) in point (e), for “has been granted” substitute «is in
force».
(23) Omit Articles 29 to 48.
(24) In Article 49 —
(a) in paragraph 1 —
(i) for “Member States” substitute «The competent
authority»; and
(ii) for “in at least one Member State” substitute «in the
United Kingdom»;
(b) for paragraph 2 substitute —
«2. The appropriate authority may, by regulations, implement
measures to restrict or prohibit the use or sale of treated seeds as
referred to in paragraph 1 where the appropriate authority has
substantial concerns that —
(a) the treated seeds are likely to constitute a serious risk to
human or animal health or to the environment, and
(b) such risk cannot be contained satisfactorily by measures taken
by the competent authority.
2A. Before making regulations in accordance with paragraph 2,
the appropriate authority may obtain independent scientific
advice where the appropriate authority considers it appropriate to
do so.»;
(c) omit paragraph 3; and
(d) in paragraph 4 —
(i) for “Community legislation” substitute «retained EU
law»; and
(ii) for “Directive 1999/45/EC” substitute «Regulation (EC)
No 1272/2008 of the European Parliament and of the
Council».
(25) Omit Articles 50 and 51.
(26) In Article 52 —
(a) omit paragraphs 1 to 4;
(b) before paragraph 5 insert —
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«4A. This Article applies to a parallel trade permit issued before
exit day by the United Kingdom as the Member State of
introduction in accordance with this Article as it had effect
immediately before exit day, where immediately before exit day
the validity of that permit had not expired.»;
(c) in paragraph 5, in the second sentence —
(i) for “the Commission shall” substitute «the appropriate
authority may»;
(ii) for “a Regulation” substitute «regulations»; and
(iii) for “Article 68” substitute «Article 68(3)»; and
(d) omit paragraphs 6 to 11.
(27) In Article 53 —
(a) in paragraph 1 —
(i) in the first subparagraph, for “a Member State” substitute
«the competent authority»; and
(ii) omit the second subparagraph;
(b) omit paragraphs 2 and 3; and
(c) in paragraph 4 —
(i) for “Paragraphs 1 to 3” substitute «Paragraph 1»; and
(ii) for “Directive 2001/18/EC” substitute «the Genetically
Modified Organisms Act 2001».
(28) Omit Article 54.
(29) In Article 55 —
(a) the existing first and second paragraphs become paragraphs 1 and
2;
(b) in that paragraph 2, omit the words from “, which shall apply” to
the end; and
(c) after that paragraph 2 insert —
«3. For the purposes of this Article, Article 14 of Directive
2009/128/EC is to be read as if —
(a) obligations on Member States were obligations on the
competent authorities;
(b) paragraph 3 were omitted.».
(30) In Article 56 —
(a) in paragraph 1 —
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(i) in the first subparagraph, for “Member States” substitute
«competent authority»; and
(ii) in the fourth subparagraph, for “third” substitute
«other»;
(b) in paragraph 2, for “set out in Article 29” substitute «of the UK
competent authorities to grant an authorisation for a plant
protection product»;
(c) omit paragraph 3; and
(d) in paragraph 4, omit “of the Member States”.
(31) Omit Article 57.
(32) For Article 58 substitute —
«Article 58
Placing on the market and use of adjuvants
1. An adjuvant must not be placed on the market unless it has been
authorised for use in the United Kingdom.
2. The appropriate authority may, by regulations, make provision
regarding the authorisation of adjuvants including (but not limited to)
data requirements, notification, evaluation, assessment and decision
making procedures.»
(33) Omit Articles 59 to 63.
(34) In Article 64(3) —
(a) for “Article 9 of Directive 1999/45/EC” substitute «Article 35 of
Regulation (EC) No 1272/2008 of the European Parliament and of
the Council»; and
(b) for “Directive” in the second place it occurs substitute
«Regulation».
(35) In Article 65 —
(a) for paragraph 1 substitute —
«1. The labelling of plant protection products must include —
(a) the classification, labelling and packaging requirements of
Regulation (EC) No 1272/2008 of the European Parliament and of
the Council, and
(b) any requirements contained in regulations made under
paragraph 1A which apply in the Island.
1A. The appropriate authority may, by regulations, specify
additional requirements for the labelling of plant protection
products, including (but not limited to) standard phrases for
special risks and safety precautions which supplement the
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phrases provided for in Regulation (EC) No 1272/2008 of the
European Parliament and of the Council.»;
(b) in paragraph 2, for “Member States” substitute «The competent
authority»; and
(c) omit paragraph 3.
(36) In Article 66(3) —
(a) for “Member States” substitute «The competent authority»; and
(b) for “Community” substitute «retained EU».
(37) In Article 67 —
(a) in paragraph 1 —
(i) in the third subparagraph, omit “or Community”; and
(ii) omit the fourth subparagraph
(b) in paragraph 2, in the first sentence, for “authorities”, in both
places it occurs, substitute «authority»;
(c) in paragraph 3 —
(i) for “authorities of the Member States” substitute
«authority»; and
(ii) for the words from “in accordance” to the end substitute
«for the purposes of establishing and maintaining risk
indicators in accordance with Annex 4 to Directive
2009/128/EC»; and
(d) omit paragraph 4.
(38) In Article 68 —
(a) the existing first paragraph becomes paragraph 1;
(b) in that paragraph 1 —
(i) in the first sentence, for “Member States” substitute «The
competent authority»; and
(ii) in the second sentence —
(A) for “They shall finalise and transmit to the
Commission” substitute «The competent authority
must publish»; and
(B) after “controls” insert «in relation to the Island, in
a manner which the competent authority considers
appropriate,»;
(c) omit the second paragraph; and
(d) for the third paragraph substitute —
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«3. The appropriate authority may, by regulations, make
provision in respect of the official controls to be carried out in
accordance with this Article, in particular concerning —
(a) the production, packaging, labelling, storage, transport,
marketing, formulation, parallel trade and use of plant protection
products;
(b) the collection of information and reporting on suspected
poisonings.».
(39) Omit Article 69.
(40) Omit Articles 70 and 71.
(41) Omit Article 72.
(42) In Article 73, for “Member States” substitute «Island».
(43) Omit Article 74.
(44) In Article 75 —
(a) omit paragraphs 1 and 2;
(b) in paragraph 3, for “Member States shall ensure that competent
authorities have” substitute «The competent authority must
ensure that it has»; and
(c) omit paragraphs 4 and 5.
(45) For Articles 77 and 78 substitute —
«Article 77
Guidance documents
1. The competent authority may issue, amend or withdraw technical
and other guidance documents relating to the implementation of this
Regulation, including.
2. The competent authority must publish any guidance document issued
or amended, or a notice specifying any guidance document withdrawn,
under paragraph 1 in a manner which that competent authority
considers appropriate.
3. Before issuing, amending or withdrawing a guidance document
under paragraph 1 the competent authority may obtain independent
scientific advice, where the competent authority considers it appropriate
to do so.
4. In complying with any obligation under this Regulation, a person or
competent authority must have regard to any guidance issued in
accordance with paragraph 1.
Article 78
Amendments and implementing measures
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The appropriate authority may by regulations —
(a) amend the Annexes to take account of current scientific and technical
knowledge;
(b) make further provision as necessary for the implementation of this
Regulation.
Article 78A
Regulations
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or
saving provisions;
(b) provisions amending, repealing or revoking statutory
documents and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(46) Omit Article 79.
(47) Omit Article 80.
(48) Omit Article 81.
(49) Omit Article 82.
(50) In Article 83 —
(a) in the first paragraph —
(i) omit “Without prejudice to Article 80,”;
(ii) omit “by the Acts listed in Annex V”; and
(iii) omit the words from “, without prejudice” to the end; and
(b) in the second paragraph, omit “in other Community legislation,
such as Regulation (EC) No 1782/2003,”.
(51) Omit Article 84.
(52) After Article 84, omit the words from “This Regulation” to “all Member
States”.
(53) Omit Annexes 1.
(54) Omit Annex 2.
(55) Omit Annexes 3 to 5.
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SCHEDULE 12
[Regulation 5(l)]
RETAINED DIRECT EU LEGISLATION CONCERNING RESIDUES AMENDED
34 Specific modifications to Regulation (EC) No 396/2005
(1) Regulation (EC) No 396/2005 of the European Parliament and of the
Council of 23 February 2005 on maximum residue levels of pesticides in
or on food and feed of plant and animal origin and amending Council
Directive 91/414/EEC94 is amended as follows.
(2) In Article 1, omit “and harmonised Community provisions”.
(3) In Article 2 —
(a) in paragraphs 1, 2 and 3, for “covered by Annex I” substitute
«listed in Part 1 of the UK MRLs register»;
(b) in paragraph 3 —
(i) omit “to third countries”; and
(ii) omit “third” in the second place it occurs; and
(c) omit paragraph 4.
(4) In Article 3 —
(a) for the heading substitute «Definitions: general»;
(b) in paragraph 1, for “Article 2, points 1 and 4 of Directive
91/414/EEC(a)” substitute «Article 2(1) and (2) of Regulation (EC)
No 1107/2009»; and
(c) in paragraph 2 —
(i) before point (a) insert —
«(za) ‘Regulation (EC) No 1107/2009’ means Regulation
(EC) No 1107/200995 of the European Parliament and of the
Council concerning the placing of plant protection
products on the market;
(zb) ‘UK MRLs register’ means the register maintained by
the competent authorities of the United Kingdom in
accordance with Article 46A of Regulation (EC) No
396/200596 as it forms part of the law of England and Wales,
Scotland and Northern Ireland by virtue of section 3 of the
94 Paragraph 72(4) of the Schedule to the retention regulations 95 OJ L 309, 24.11.2009, p. 1. 96 OJ L 070, 16.3.2005, p. 1.
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European Union (Withdrawal) Act 2018 (of Parliament) as
amended from time to time; and
(zc) ‘the competent authority’ is the Department of
Environment Food and Agriculture;»;
(ii) in point (a), in the second sentence —
(A) for the words from “, in conformity with” to “in a
given climate zone” substitute —
«of the principles of integrated pest management
referred to in Article 14 of and Annex 3 to Directive
2009/128/EC of the European Parliament and of the
Council establishing a framework for Community
action to achieve the sustainable use of pesticides»;
and
(B) at the end, insert —
«, and for these purposes Article 14 of Directive
2009/128/EC is to be read as if —
(i) obligations on Member States were obligations
on the competent authority; and
(ii) paragraph 3 were omitted.»;
(iii) in point (a) omit the words “and setting MRLs/temporary
MRLs at the lowest level”;
(iv) omit point b;
(v) in point (c) —
(A) omit “as defined in Article 2, point 1 of Directive
91/414/EEC”; and
(B) for “covered by Annex I to this Regulation”
substitute «listed in Part 1 of the UK MRLs
register»;
(vi) omit point (e) to (g); and
(vii) omit points (i) and (j).
(5) In Article 4 —
(a) in the heading, omit “harmonised”;
(b) in paragraph 1 —
(i) in the first sentence, for the words from “harmonised
MRLs” to the end substitute «MRLs apply appear in a list
in Part 1 of the UK MRLs register»;
(ii) omit the second sentence; and
(iii) omit the third sentence; and
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(c) omit paragraph 2.
(6) For Article 5 substitute —
«Article 5
Active substances for which no MRLs are required
1. MRLs are not required for active substances evaluated under
Regulation (EC) No 1107/2009 appearing in the list in Part 4 of the UK
MRLs register.
(7) Omit Chapter 2 (Articles 6 to 17).
(8) In Article 18 —
(a) for paragraph 1 substitute —
«1. A product listed in Part 1 of the UK MRLs register must not
contain, from the time it is placed on the market as food or feed,
or fed to animals, any pesticide residue exceeding —
(a) the MRL for that product listed in Part 2 or 3 of the UK MRLs
register;
(b) the level described in paragraphs 1A or 1B, where there is no
MRL.
1A. Where there is no MRL for a product listed in Part 2 or 3 of
the UK MRLs register, the level is the default value for an active
substance as listed in Part 5 of the UK MRLs register (see Article
18A).
1B. Where —
(a) there is no MRL for the product in Part 2 or 3 of the UK MRLs
register,
(b) there is no default value for an active substance listed in Part 5
of the UK MRLs register, and
(c) the active substance is not listed in Part 4 of the UK MRLs
register,
the level applicable is 0.01mg/kg.»
(b) in paragraph 2 —
(i) in the words before point (a) —
(A) for “Member States” substitute “The competent
authority”;
(B) omit “their territories” and
(C) for “covered by Annex I” substitute “listed in Part 1
of the UK MRLs register”; and
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(ii) in point (b), for “Annex IV” substitute “Part 4 of the UK
MRLs register”;
(c) in paragraph 3 —
(i) in the first subparagraph —
(A) for the words before point (a) substitute —
«By way of derogation from paragraph 1, the
competent authority may authorise, further to a
post-harvest treatment with a fumigant, residue
levels for an active substance which exceed the
limits specified in Part 2 or 3 of the UK MRLs
register where the active substance/product
combinations are listed in Part 7 of the MRLs,
provided that — »;
(B) in point (b), for “Annexes II or III” substitute «Part
2 or 3 of the UK MRLs register»; and
(C) omit point (c); and
(ii) omit the second subparagraph;
(d) in paragraph 4 —
(i) in the first sentence —
(A) for “Article 8(4) of Directive 91/414/EEC” substitute
«Article 53 of Regulation (EC) No 1107/2009»;
(B) after “set out in” insert «the retained direct EU
legislation»;
(C) for “a Member State” substitute «the competent
authority»; and
(D) for “within its territory” substitute «in the
Island»; and
(ii) omit the second, third and fourth sentences; and
(e) after paragraph 4 insert —
«5. Where the competent authority grants an authorisation in
accordance with paragraph 4, the competent authority must, as
soon as reasonably practicable, undertake an appropriate risk
assessment and take any other necessary measures in relation to
the products to which the authorisation relates.».
(9) In Article 19 for “covered by Annex I” substitute «listed in Part 1 of the
UK MRLs register».
(10) In Article 20 —
(a) in paragraph 1 —
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(i) for “Annexes II or III” substitute “Part 2 or 3 of the UK
MRLs register”; and
(ii) for “covered by Annex I” substitute “listed in Part 1 of the
UK MRLs register”; and
(b) for paragraph 2 substitute —
«2. The competent authority may —
(a) specify concentration factors or dilution factors for —
(i) specified processing or mixing operations, or
(ii) specified processed or composite products;
(b) modify or withdraw any such factors.».
(11) Omit Articles 21 to 25
(12) In Article 26(1) —
(a) for “Without prejudice to Directive 96/23/EC(a), Member States”
substitute «The competent authority»; and
(b) for “Community” substitute «retained EU».
(13) In Article 27 —
(a) in paragraph 1, in the first sentence, for “Each Member State”
substitute “The competent authority”; and
(b) for paragraph 2 substitute —
«2. Sampling for the purposes of paragraph 1 must be carried out
in accordance with the methods described in the Annex to
Commission Directive 2002/63/EC .
3. In paragraph 2, the “Annex to Commission Directive
2002/63/EC” means the Annex to Commission Directive
2002/63/EC establishing Community methods of sampling for
the official control of pesticide residues in and on products of
plant and animal origin, read as if —
(a) in Section 1, in the second paragraph, in the first sentence, for
the words from “the Annexes” to “Community” there were
substituted “accordance with Regulation (EC) No 396/2005 and, in
the absence of such”;
(b) in Section 2, in the first paragraph, “Community” were
omitted;
(c) in Section 4.3, in Tables 3, 4 and 5, for table footnote (1) there
were substituted- “(1) Classification of foods: Part 1 of the UK
MRLs register.”.».
(14) In Article 28 —
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(a) in paragraph 1, for “Community” substitute “retained EU”;
(b) omit paragraph 2; and
(c) for paragraph 3 substitute —
«3. All laboratories analysing samples for the official controls on
pesticide residues must —
(a) have regard to any relevant guidance issued under Article
46(1);
(b) participate in any proficiency tests for pesticides organised by
the competent authority.».
(15) Omit Section 2.
(16) In the heading of Section 3, for “National control programmes”
substitute «National control programme».
(17) In Article 30 —
(a) in the heading, for “National control programmes” substitute
«National control programme»;
(b) in paragraph 1 —
(i) for the first subparagraph substitute —
«The competent authority must establish a multiannual
control programme for pesticide residues, and must
update its multiannual programme every year.»; and
(ii) omit point (d)(iv);
(c) omit paragraph 2; and
(d) omit paragraph 3.
(18) In the heading of Section 4, for “Member States” substitute «competent
authorities».
(19) For Article 31 substitute —
Article 31
Information by the competent authority
1. The competent authority must submit, by 31 August each year, such
of the following information concerning the previous calendar as is
required by the competent authorities of the United Kingdom in order
for the Isle of Man to comply with the United Kingdom’s control
programme:
(a) the results of the official controls provided for in Article 26(1), and
the results of the analysis of samples tested in accordance with the
competent authority’s control programme and any United Kingdom
control programme);
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(b) the LODs applied in the competent authority’s control programme
referred to in Article 30 and under any United Kingdom control
programme referred to in Article 29;
(c) details of the participation of the analytical laboratories in the
proficiency tests referred to in Article 28(3) and other proficiency tests
relevant to the pesticide-product combinations sampled in the
competent authority’s control programme;
(d) details of the accreditation status of the analytical laboratories
involved in the controls referred to in point (a);
(e) where permitted by national legislation, details of enforcement
measures taken.
4. In submitting information in accordance with paragraph 1, a
competent authority must have regard to any guidance issued jointly by
the competent authorities of the United Kingdom.
(20) In Article 32 —
(a) in paragraph 1 for “On the basis of the information provided by
Member States under Article 31(1) the Authority” substitute
«The competent authority»;
(b) in paragraph 2 —
(i) in the words before point (a), for “Authority shall”
substitute «the competent authority must”;
(ii) in point (b), for “the” in the second place it occurs
substitute “any”; and
(iii) in point (d), omit “, including reports submitted under
Directive 96/23/EC”;
(c) omit paragraphs 3 to 6; and
(d) for paragraph 7 substitute —
«7. The competent authority must publish the Annual Report
by the 31st October of the second year following the year to which
the information in the Annual Report relates.».
(21) Omit Article 33.
(22) Omit Section 5.
(23) Omit Article 35.
(24) Omit Articles 38 to 42.
(25) For Article 43 substitute —
«Article 43
Scientific advice
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1. In fulfilling any obligation or performing any function under this
Regulation, the competent authority may obtain independent scientific
advice, where the competent authority considers it appropriate to do so.
2. Where independent scientific advice is obtained in accordance with
paragraph 1, the competent authority must take that advice into account
when fulfilling the obligation or performing the function.».
(26) Omit Articles 44 and 45.
(27) Omit Article 46.
(28) After Article 46 insert —
«Article 46A
Regulations
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or saving
provisions;
(b) provisions amending, repealing or revoking statutory documents
and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or;
(b) for paragraphs 1(b) or 1(c) – approval required.».
(29) Omit Article 47 to 50.
(30) Omit Annexes 1 to 7.
35 Specific modifications to Regulation (EU) 2018/555
(1) Commission Implementing Regulation (EU) 2018/555 of 9 April 2018
concerning a coordinated multiannual control programme of the Union
for 2019, 2020 and 2021 to ensure compliance with maximum residue
levels of pesticides and to assess the consumer exposure to pesticide
residues in and on food of plant and animal origin97 is amended as
follows.
(2) For Article 1 substitute —
«Article 1
The competent authority shall, during the years 2019, 2020 and 2021,
take and analyse samples for the pesticide/product combinations, such
as are required by the competent authorities of the United Kingdom in
97 Paragraph 72(9) of the Schedule to the retention regulations.
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order for the Isle of Man to comply with the United Kingdom’s control
programme.
The number of samples of each product, including foods for infants and
young children and products originating from organic farming shall be
as determined by the competent authorities of the United Kingdom.».
(3) In Article 2 —
(a) in paragraph 1, in the second subparagraph, for “Directive
2002/63/EC” substitute «the Annex to Commission Directive
2002/63/EC, as read in accordance with Article 27(3) of Regulation
(EC) No 396/2005»; and
(b) after paragraph 3 insert —
«4. For the purposes of paragraph 3 —
(a) Directive 2006/125/EC(a) is to be read as if, in Article 2(c) the
reference to point 1 of Article 2 of Directive 91/414/EC were a
reference to Article 2(1) of Regulation (EC) No 1107/2009 of the
European Parliament and of the Council concerning the placing of
plant protection products on the market;
(b) Directive 2006/141/EC(b) is to be read as if, in Article 2(e) the
reference to point 1 of Article 2 of Directive 91/414/EC were a
reference to Article 2(1) of Regulation (EC) No 1107/2009.».
(4) In Article 3 —
(a) in the first paragraph, for “Member States” substitute «The
competent authority»; and
(b) in the second paragraph, for “Member States” substitute «the
competent authority».
(5) Omit Articles 4 and 5.
(6) After Article 5, omit the words from “This Regulation” to “Member
States”.
(7) Omit Annex 1.
(8) Omit Annex 2.
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SCHEDULE 13
[Regulation 5(m)]
RETAINED DIRECT EU LEGISLATION CONCERNING ZOOTECHNICAL
AMENDED
36 Specific modifications to Regulation (EU) 2016/1012
(1) Regulation (EU) 2016/1012 of the European Parliament and of the
Council of 8 June 2016 on zootechnical and genealogical conditions for
the breeding, trade in and entry into the Union of purebred breeding
animals, hybrid breeding pigs and the germinal products thereof and
amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC
and 90/425/EEC and repealing certain acts in the area of animal breeding
(‘Animal Breeding Regulation’)98 is amended as follows.
(2) In Article 1 —
(a) in paragraph 1 —
(i) in point (a), for “Union” substitute «Island»;
(ii) in point (h), omit “and rules for enforcement by Member
States”; and
(iii) omit point (i); and
(b) omit paragraph 5.
(3) In Article 2 —
(c) at the end of point (1) insert —
«(1A) ‘appropriate authority’ means the Department of
Environment Food and Agriculture;»;
(d) in points (5) and (6), in each place it occurs, after “by the
competent authority of” insert «the Island, a constituent territory
of the United Kingdom or of»;
(e) in point (7) for “Union” substitute «Island»;
(f) in point (8) —
(i) in the words before point (a) —
(A) after “the authorities of” insert «the Island, a
constituent territory of the United Kingdom or of»;
and
(B) after “this Regulation” insert «or, in the United
Kingdom or a member State, the EU Regulation»;
and
98 Paragraph 77(24) of the Schedule to the retention regulations.
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(ii) in point (c) for “other” substitute «competent authorities
in the United Kingdom,»;
(g) after point (8), insert —
«(8A) ‘the EU Regulation’ means Regulation (EU) 2016/1012 of
the European Parliament and of the Council on zootechnical and
genealogical conditions for the breeding, trade in and entry in the
Union of purebred breeding animals, hybrid breeding pigs and
the germinal products thereof, as it has effect in EU law, as
amended from time to time or in respect of the United Kingdom
as it has effect in UK law;
(8B) ‘third country’ means a country, other than the Island and the
United Kingdom, which is not a member State;»;
(h) for point (21) substitute —
«(21) ‘entering the Island’ or ‘entry into the Island’ means the
action of bringing breeding animals or their germinal products
into the Island;»;
(i) in point (22), for the words from “Union” to the end substitute
«Island»;
(j) in point (24), for the words from “a Member State” to “that
Member State” substitute «the appropriate authority to be
endangered, genetically adapted to one or more traditional
productions systems or environments in the Island»; and
(k) at the end of point (26), insert —
«(27) ‘constituent territory of the United Kingdom’ means
England, Wales, Scotland, or Northern Ireland.».
(4) In Article 3, in the heading and in paragraph 1, in each place it occurs, for
“Union” substitute «Island».
(5) In Chapter 2, in the heading, omit “in Member States”.
(6) In Article 4(3) —
(a) in the words before point (a) for “competent authorities”
substitute «competent authority»; and
(b) in point (a) for “territory of the Member State where the
competent authority is located” substitute «Island».
(7) In Article 5(2), omit from “At the same time” to the end.
(8) In Article 7 —
(l) in paragraph 1 —
(i) for “Member States”, in each place it occurs, substitute
«The competent authority»; and
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(ii) for “their competent authorities have” substitute «it
has»;
(m) in paragraph 2(b), omit point (ii);
(n) for paragraph 3 substitute —
«3. Where the competent authority itself carries out a breeding
programme, this must be included in the list provided for in
paragraph 1.»; and
(o) in paragraph 4, in each place it occurs, for “Member States”
substitute «the competent authority».
(9) For Article 7(5) substitute—
«The competent authority may lay down, and publish on a website,
model forms for the presentation of the information to be included in
the list of recognised breed societies and breeding operations provided
for in paragraph 1.».
(10) Omit Article 8(5).
(11) In Article 10 —
(a) in paragraph 1 —
(i) in the words before point (a), for “that Member State”
substitute «the Island»; and
(ii) in point (c)(ii), for “one or more territories of the Union”
substitute «the Island»; and
(b) in paragraph 2 —
(i) in point (a), for “that Member State” substitute «the
Island»; and
(ii) in point (c) for “other Member States” substitute «the
United Kingdom or Member States».
(12) For Article 12 substitute —
«Article 12
Notification and approval of breeding programmes carried out in the
Island by breed societies or breeding operations approved in the
United Kingdom or a member State
1. Where a breed society or breeding operation, approved in accordance
with Article 8(3) of the EU Regulation by a competent authority in the
United Kingdom or a member State, intends to carry out a breeding
programme on animals kept in the Island, that breed society or breeding
operation must notify the competent authority of the Island where the
animals are to be kept.
2. The notification provided for in paragraph 1 must —
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(a) be sent to the competent authority at least 90 days before the
intended commencement date of the breeding programme in the Island;
(b) be provided in English.
3. The competent authority of the Island may, within 90 days from the
date of receipt of the notification referred to in of paragraph 2(a), refuse
to approve the carrying out on its territory of the breeding programme,
where an approved breeding programme is already being carried out in
the Island on purebred breeding animals of the same breed.
4. The competent authority of the Island must inform the competent
authority which has recognised the breed society or breeding operation
in accordance with Article 4(3) of the EU Regulation about the result of
the notification provided for in paragraph 1 of this Article and, where it
refuses to approve the carrying out on its territory of the breeding
programme, must provide a reasoned explanation for the refusal.
5. Failure by the competent authority of the Island to reply to the
notification referred to in paragraph 2(a) within 90 days from the date of
receipt of that notification shall constitute approval.
6. Where the competent authority of the Island refuses to approve the
breeding programme in accordance with paragraph 3, the competent
authority, on an application by the breed society or breeding operation,
must reconsider the refusal to approve the breeding programme, taking
into account any new information provided.
7. The competent authority of the Island may withdraw its approval of
the breeding programme provided for under this Article where, for at
least 12 months, no breeder in the Island participates in that breeding
programme.».
(13) In Article 13(1)(a), for “within the geographical territory of that breeding
programme” substitute «in the Island».
(14) In Article 19 —
(a) in paragraph 1 —
(i) for “exists in any” substitute «exists in the Island, a
constituent territory of the United Kingdom,»; and
(ii) after “Article 34” insert «of this Regulation or of the EU
Regulation»;
(b) in paragraph 2, for “a Member State” substitute «the appropriate
authority»; and
(c) in paragraph 5, for “Member States” substitute «the appropriate
authority».
(15) In Article 21 —
(a) in paragraph 4 —
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(i) after “Article 12,” insert «of this Regulation or of the EU
Regulation»; and
(ii) for “same or another Member State” substitute «the
Island, the United Kingdom or in a member State»;
(b) in paragraph 5, after “approved” insert «by the competent
authority in accordance with animal health law in force in the
Island, by a competent authority of a constituent territory of the
United Kingdom, or approved»; and
(c) omit paragraph 6.
(16) For Article 22(3) substitute—
«3. The appropriate authority may by regulations prescribe methods to
be used for the verification of the identity of breeding animals.
4. Regulations under paragraph 3 may include (but are not limited to)
provision for implementation of recommendations made by national or
European Union reference centres, the International Committee for
Animal Recording (‘ICAR’) or the International Society for Animal
Genetics.».
(17) In Article 23(2), for “in the same or in another Member State” substitute
«of this Regulation in the Island or of the EU Regulation in the United
Kingdom or a member State».
(18) In Article 24 —
(a) in paragraph 2, for “same or another Member State” substitute
«Island, the United Kingdom or in a member State»;
(b) in paragraph 3, after “approved” insert «by the competent
authority in accordance with animal health law in force in the
Island, by a competent authority of a constituent territory of the
United Kingdom, or approved»; and
(c) omit paragraph 4.
(19) For Article 26 substitute—
“Article 26
Requirements for performance testing and genetic evaluation
1. The appropriate authority may by regulations amend Annex 3 in
order to take account of—
(a) scientific advances;
(b) technical developments;
(c) the need to preserve valuable genetic resources.
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2. The appropriate authority may by regulations prescribe requirements
for the performance testing and genetic evaluation of purebred breeding
animals of the bovine, ovine and caprine species.
3. Regulations under paragraph 2 may include (but are not limited to)—
(a) methods for the interpretation of the results of performance testing
and genetic evaluation;
(b) provision for implementation of recommendations of United
Kingdom reference centres (‘reference centres’) or European Union
reference centres, or of the principles agreed by ICAR.”.
(20) In the heading to Chapter 6, for “European Union” substitute “United
Kingdom”.
(21) In Article 27 —
(a) omit paragraphs 2 and 3;
(b) in paragraph 4 —
(i) in the first place where it occurs, for “a Member State”
substitute «the appropriate authority»; and
(ii) for the words from “which is authorised” to “referred to in
paragraph 2” substitute «designated in accordance with
paragraph 1(b)»; and
(c) in paragraph 5 —
(i) in the first subparagraph, for the words from “or
authorised” to “Article 29”, substitute «may commit
themselves to comply with the rules and standards
established by ICAR or by reference centres referred to in
Article 29»; and
(ii) in the second subparagraph, omit “, authorising those third
parties”.
(22) In Article 29—
(a) in the heading, for “European Union” substitute «United
Kingdom»;
(b) in paragraph 1, for the words from “Commission” to “centres”
substitute «appropriate authority may by regulations designate
Kingdom reference centres (‘reference centres’)»;
(c) in paragraph 2, for the words from “Member States” to the end,
substitute «Island for the preservation of endangered breeds or
the preservation of genetic diversity existing within those breeds,
the appropriate authority may by regulations designate reference
centres responsible for scientific and technical contribution to the
establishment or harmonisation of those methods»;
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(d) omit paragraph 3;
(e) in paragraph 4—
(i) in each place it occurs, omit “European Union”; and
(ii) omit the words from “if those tasks” to the end;
(f) after paragraph 4 insert—
«4A. Regulations under paragraph 1 or 2 may also make
provision for reference centres to be responsible for tasks set out
in Annex 4, point 4.»;
(g) in paragraph 5—
(i) in the first subparagraph—
(A) in the words before point (a), for the words from
“Commission” to “amending:” substitute
«appropriate authority may by regulations
amend:»; and
(B) in points (a) and (b), omit “European Union”; and
(ii) in the second subparagraph, in the words before point (a),
for “The delegated acts provided for in this paragraph”
substitute «Regulations made under this paragraph»;
and
(h) omit paragraph 6.
(23) In Article 30 —
(a) in paragraphs 1 and 2(a) after “Article 12” insert «of this
Regulation or of the EU Regulation»; and
(b) in paragraph 2 —
(i) in point (b), after “Article 12(2)(a)”, insert «of this
Regulation or of the EU Regulation»; and
(ii) in point (c), after “Article 34” insert «of this Regulation or
of the EU Regulation»;
(c) in paragraph 5 —
(i) after “Article 34”, in each place it occurs, insert «of this
Regulation or of the EU Regulation»; and
(ii) for “Union” substitute «Island»;
(d) in paragraph 6 —
(i) in point (a), for “Annex V” substitute «Annex 5 to this
Regulation or to the EU Regulation»; and
(ii) in point (b), for the words from “the implementing acts
adopted pursuant to paragraph 10” substitute
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«regulations made under paragraph 9 or in implementing
acts adopted pursuant to Article 30(10) of the EU
Regulation;»; and
(e) for paragraphs 9 and 10 substitute—
«9. The appropriate authority may by regulations—
(a) amend the contents of the zootechnical certificates set out in
Annex 5, in order to take account of—
(i) scientific advances;
(ii) technical developments;
(iii) the need to preserve valuable genetic resources;
(b) prescribe model forms to be used for zootechnical certificates
for breeding animals and their germinal products.».
(24) In Article 31(1), after “approved” insert «by the competent authority in
accordance with animal health law in force in the Island, by a competent
authority of a constituent territory of the United Kingdom, or».
(25) In Article 32—
(a) in paragraph 1, for the words from “Commission” to “Article 61”
substitute «appropriate authority may make regulations»; and
(b) in paragraph 2—
(i) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»; and
(ii) omit the second sentence.
(26) In Article 33 —
(a) in the heading, for “Union” substitute «Island»; and
(b) in paragraph 1, after “approved” insert
«for entry into the Island by the competent authority in
accordance with animal health law in force in the Island, for entry
into the United Kingdom by a competent authority in the United
Kingdom in accordance with animal health law in force in the
constituent territory of the United Kingdom, or»; and
(27) In Chapter 8, in the heading, for “Union” substitute «Island».
(28) In Article 34 —
(a) in paragraph 1, for “Commission shall” substitute «appropriate
authority must»;
(b) in paragraph 2, for the words before point (a) substitute —
«Third country breeding bodies may only be included in the list
provided for in paragraph 1 where the appropriate authority is
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satisfied that the breeding body meets the following
requirements:»; and
(c) for paragraphs 3 and 4, substitute —
«3. Where the appropriate authority is satisfied that a breeding
body in a third country has in place measures which are
recognised as equivalent in accordance with provision made
under Article 35, that breeding body may be included in the list
provided for in paragraph 1.
4. In a case where the appropriate authority is not satisfied that a
breeding body fulfils at least one of the requirements referred to
in paragraph 2, that breeding body must be removed from the list
provided for in paragraph 1.».
(29) In Article 35—
(a) in paragraph 1—
(i) for “Commission may adopt implementing acts” substitute
«appropriate authority may make regulations»; and
(ii) omit the words after point (g);
(b) omit paragraph 2;
(c) in paragraph 3—
(i) for the words before point (a) substitute—
«Regulations under paragraph 1 may set out detailed
arrangements governing the entry of breeding animals and
their germinal products into the Island from a third
country and may include:»; and
(ii) in points (b) and (c), in each place where it occurs, for
“Union” substitute «Island»; and
(d) omit paragraph 4.
(30) In Article 36 —
(a) in the heading and in paragraph 1, in each place it occurs, for
“Union” substitute «Island from a third country»; and
(b) for paragraph 2 substitute —
«2. The entry into the Island of breeding animals and their
germinal products must not be prohibited, restricted or impeded
on zootechnical or genealogical grounds where those breeding
animals or the donors of the germinal products are entered in a
breeding book or registered in a breeding register maintained by a
breeding body included in the list of breeding bodies established
in accordance with Article 34 of this Regulation or Article 34 of
the EU Regulation.».
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(31) Omit Article 37.
(32) In Article 38 —
(a) in paragraph 1 —
(i) in the words before point (a), omit “in a Member State or
on a territory”;
(ii) after “operates” insert «in the Island»; and
(iii) in point (a), for “Member State or territory where that
competent authority operates”, substitute «Island»; and
(b) in paragraph 4(e), after “in accordance with” insert «animal
health law in the Island, the United Kingdom, or».
(33) In the heading to Chapter 10, omit “by Member States”.
(34) In Article 39 —
(a) in paragraph 1, for “Member States”, substitute «The appropriate
authority»;
(b) in paragraph 2 —
(i) in the words before point (a), for “Each Member State
shall” substitute «The appropriate authority must»;
(ii) in point (b) —
(A) in point (i), after “Article 12” insert «of this
Regulation or of the EU Regulation»; and
(B) in point (ii), after “Articles 48 and 49” insert «of
this Regulation or of the EU Regulation»; and
(iii) in point (c), omit “and notify that website to the
Commission”; and
(c) omit paragraph 3.
(35) In Article 40, for “Member States”, substitute «the appropriate
authority».
(36) In Article 42(1), for “Union law or national law”, substitute «the law in
force in the Island».
(37) For Article 43(5) substitute —
«5. Competent authorities must perform official controls in the same
manner irrespective of whether the breeding animals or the germinal
products of the breeding animals originate in the Island or are entering
the Island from the United Kingdom, a member State or a third
country.».
(38) Omit Article 47(4).
(39) In Article 48 —
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(a) for paragraph 1 substitute —
«1. Where non-compliance originates in, spreads to, or affects
countries other than the Island, competent authorities in the
Island must —
(a) cooperate with one another and with the competent authorities
of the United Kingdom, member States and third countries;
(b) provide administrative assistance to those competent
authorities, in order to ensure the correct application of the rules
provided for in this Regulation or in the EU Regulation.».
(b) in paragraph 2 —
(i) in point (a) —
(A) after “request by a competent authority” insert “of a
constituent territory of the United Kingdom or”;
and
(B) for “a competent authority of another Member
State” substitute «another competent authority of
the Island or a competent authority of the United
Kingdom or a Member State»;
(ii) for point (b) substitute —
«(b) in the case of a non-compliance which might have
implications for the United Kingdom or for member States,
the notification of the competent authorities of the United
Kingdom or of member States by the competent authority
aware of the non-compliance;»;
(iii) in point (d)(ii), after “this Regulation”, insert «or of the
EU Regulation»; and
(iv) for point (e) substitute —
«(e) by agreement between the competent authorities
concerned, participation by a competent authority of the
Island in on-the-spot official controls performed by the
competent authorities of the United Kingdom or of a
member State.»;
(c) for paragraph 3 substitute —
«3. Where official controls performed on breeding animals or
their germinal products originating in a member State or the
United Kingdom show repeated instances of non-compliance with
the rules provided for in this Regulation or in the EU Regulation,
the competent authority which has performed those official
controls may inform the appropriate authority in the United
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Kingdom or Commission and competent authorities of member
States.».
(40) In Article 49 —
(a) in the heading, after “Notification of”, insert «other competent
authorities in the Island, competent authorities in the United
Kingdom,»;
(b) in paragraph 1 —
(i) in the words before point (a), after “this Regulation”, insert
«or in the EU Regulation»; and
(ii) in point (a), for “competent authorities of the other
Member States”, substitute «other competent authorities
of the Island, competent authorities of the United Kingdom
and of member States»; and
(c) in paragraph 2 —
(i) in the words before point (a), after “this Regulation”, insert
«or the EU Regulation»; and
(ii) in point (b), omit “Union and national”.
(41) Omit Articles 50, 51 and 52.
(42) For the headings to Chapter 11, Section 1 and Article 53 substitute —
«Cooperation with the United Kingdom, Commission and member
States».
(43) For Article 53, substitute —
«Competent authorities in the Island may assist and cooperate with the
United Kingdom, the Commission and member States experts in
investigating and collecting information on problems concerning the
application of the rules provided for in this Regulation or in the EU
Regulation.».
(44) Omit Articles 54, 55, 56, 57, 58 and 59.
(45) For the heading to Chapter 11, Section 2 (Commission controls in third
countries), substitute —
«Controls on entry into the Island of breeding animals and their
germinal products».
(46) In the heading to Article 60, for “Union” substitute «Island».
(47) In Article 60(1) —
(a) in the words before point (a), for “Commission shall adopt
implementing acts” substitute «appropriate authority may make
regulations«;
(b) in point (a), for “Union”, substitute «Island».
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(c) in the second subparagraph, for the words from “Those
implementing acts shall” to “Commission” substitute «In
addition to, or instead of making regulations under paragraph 1,
the appropriate authority»; and
(d) omit paragraphs 2, 3 and 4.
(48) For Article 61, substitute —
«Article 61
Regulations
1. Regulations made by the Department under these Regulations may
contain —
(a) consequential, incidental, supplementary, transitional or saving
provisions;
(b) provisions amending, repealing or revoking statutory documents
and retained direct EU legislation; or
(c) a combination of (a) and (b).
2. Tynwald procedure —
(a) for paragraph 1(a) – negative; or
(b) for paragraphs 1(b) or 1(c) – approval required.».
(49) Omit Chapter 12.
(50) In Article 64 —
(a) for paragraph 6 substitute —
«6. Where operators referred to in paragraph 4 have been
approved or recognised under the repealed acts referred to in
paragraph 1 by a competent authority in the Island, the United
Kingdom or a member State and already carry out breeding
programmes in the Island, those operators (if they have not
already done so) must inform a competent authority in the Island
about those activities.»; and
(b) in paragraph 7, for “another” substitute «the United Kingdom, a
member State».
(51) Omit Articles 66, 67 and 68.
(52) After Article 69, omit the words from “This Regulation” to “Member
States.”.
(53) In Annex 1, in Part 1, in point A —
(a) in point 1, for “Member State where the application for
recognition is made” substitute «Island»; and
(b) in point 4, omit the words from “within” to the end.
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(54) In Annex 1, in Part 2 —
(a) in point 1 —
(i) omit point (e); and
(ii) in point (f), for “Union” substitute «Island»; and
(b) in point 2, omit the words from “within” to the end.
(55) In Annex 1, in Part 3 —
(a) in point 1, in the second subparagraph, for “a Member State”
substitute «the appropriate authority»;
(b) in point 3(a)(ii), for “same or another” substitute «the Island, the
United Kingdom, a»;
(c) in point 4 —
(i) omit point (a);
(ii) in point (b) —
(A) for “neither a breed society in a Member State nor a
breeding body in a third country” substitute «no
breed society or breeding body in the Island, the
United Kingdom, a member State or a third
country»; and
(B) for “the competent authority in a Member State”
substitute «a competent authority in the Island».
(56) In Annex 2, in Part 1 —
(a) in Chapter 1 —
(i) in point 1 —
(A) in point (c), after “identified in accordance with”
insert «animal health law in force in the Island or
the United Kingdom or»; and
(B) in points (d) and (e), in each place it occurs, for
“Union” substitute «Island»; and
(ii) in point 3, for “Regulation 2016/429” substitute —
«Regulation (EU) 2016/429, as it has effect in EU law, as
amended from time to time, or under Article 7 of
Commission Implementing Regulation 2015/262 laying
down rules pursuant to Council Directives 90/427/EEC and
2009/156/EC as regards the methods for the identification
of equidae,»; and
(b) in Chapter 2, in point 1(a), after “identified in accordance with”
insert «Island, United Kingdom or»; and
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(c) in Chapter 3, in point 2 —
(i) in the words before point (a), in each place it occurs, for “a
Member State” substitute «an appropriate authority»;
and
(ii) in the final subparagraph, for “Member States” substitute
«A competent authority».
(57) In Annex 3, in Part 1 —
(a) in point (a), for “European Union reference centres provided for
in Article 29(1)” substitute «Island or United Kingdom reference
centres provided for in Article 29(1) of this Regulation or the
relevant European Union reference centres provided for in Article
29(1) of the EU Regulation»; and
(b) in point (b), omit “in the absence of those rules and standards,”.
(58) In Annex 4 —
(a) in the heading and in point 1, in each place it occurs, for
“European Union” substitute «Island»;
(b) in point 1(a)(iii), omit “, Union”.
(c) in point 2 —
(i) in the heading and in the words before point (a), in each
place it occurs, for “European Union” substitute
«Island»;
(ii) omit point (e);
(iii) in point (g), for “Member States” substitute “the Island”;
and
(iv) omit point (i); and
(d) in point 3 —
(i) in the heading and in the words before point (a), in each
place it occurs, for “European Union” substitute
«Island»;
(ii) in point (a), for “Member States” substitute “Island, United
Kingdom and of member States”; and
(iii) omit point (c); and
(e) after point 3 insert —
«Tasks referred to in Article 29(4) for United Kingdom reference
centres designated in accordance with Article 29(1) or (2).
4. Reference centres designated in accordance with Article 29(1) or
(2) may provide assistance in the development or harmonisation
of methods of performance testing and genetic evaluation of
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purebred breeding animals used in the Island, the United
Kingdom and member States, in particular by —
(a) developing control protocols for performance testing and
genetic evaluation of purebred breeding animals carried out in the
Island to improve the comparability of the results and the
effectiveness of breeding programmes;
(b) carrying out an international assessment of livestock on the
basis of the combined results of performance testing and genetic
evaluation of purebred breeding animals carried out in the Island,
the United Kingdom, member States and third countries;
(c) disseminating the results of those international assessments;
(d) publishing the conversion formulae and the related
information according to which the conversion formulae were
established;
(e) developing or harmonising methods used for the in situ and ex
situ conservation of endangered breeds or the preservation of the
genetic diversity within those breeds, or providing assistance in
such development or harmonisation;
(f) developing methods used for the characterisation of the status
of endangered breeds with regard to their genetic diversity or
their danger of being lost to farming, or providing assistance in
such development;
(g) providing training to support breed societies or third parties
designated by those breed societies in accordance with Article
27(1)(b), competent authorities and other authorities in the
preservation of endangered breeds and the preservation of genetic
diversity within those breeds;
(h) cooperating, within the scope of their tasks, with European
and internationally recognised organisations;
(i) providing, within the scope of their tasks, technical assistance
to an appropriate authority or competent authority;
(j) recommending calculation methods to be used for the
performance testing and genetic evaluation of purebred breeding
animals.».
(59) In Annex 5 —
(a) in Part 1, point (c), for “Union” substitute «Island»;
(b) in Part 2 —
(i) in Chapter 1, in point 1 —
(A) in points (a), (g)(iii) and (o), in each place it occurs,
for “Union” substitute «Island»; and
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(B) in point (g)(i) and (ii), in each place it occurs, for
“Union” substitute «United Kingdom or Union»;
and
(ii) in Chapters 2, 3 and 4, in point (d) of each Chapter, for
“Union” substitute «Island»; and
(c) in Part 3 —
(i) in Chapter 1, in point 1 —
(A) in points (a), (f)(iii) and (n), in each place it occurs,
for “Union” substitute «Island»; and
(B) in point (f)(i) and (ii), in each place it occurs, for
“Union” substitute «Island, United Kingdom or
Union»; and
(ii) in Chapters 2, 3 and 4, in point (d) of each Chapter, for
“Union” substitute «Island».
(60) Omit Annex 6.
37 Specific modifications to Commission Implementing Regulation (EU)
2017/716
(19) Commission Implementing Regulation (EU) 2017/716 of 10 April 2017
laying down rules for the application of Regulation (EU) 2016/1012 of the
European Parliament and of the Council with regard to the model forms
to be used for the information to be included in the lists of recognised
breed societies and breeding operations99 is amended as follows.
(20) After Article 2, omit the words “This Regulation shall be binding in its
entirety and directly applicable in all Member States”.
(21) In Annex 1, in each of the tables at points 1(a) to (e) and in the table at
point 2, in the first row, first column, in each place it occurs, after
“Member State” insert «, Isle of Man or constituent nation of the United
Kingdom».
99 Paragraph 77(25) of the Schedule to the retention regulations.
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations modify the retained direct EU legislation prescribed in the European
Union and Trade Act 2019 (Retained Direct EU Legislation) (DEFA and OFT)
Regulations 2019 [SD 2019/0037] (the “retention regulations”).
These modifications to retained direct EU are organised in the Schedules to these
Regulations as follows –
Schedule 1 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 1 (agricultural trade) of the Schedule to the retention
regulations;
Schedule 2 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 2 (animal diseases) of the Schedule to the retention
regulations;
Schedule 3 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 3 (animal by-products and animal slaughter) of the
Schedule to the retention regulations;
Schedule 4 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 5 (animal movements and animal welfare) of the
Schedule to the retention regulations;
Schedule 5 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 6 (aquaculture) of the Schedule to the retention
regulations;
Schedule 6 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 7 (dairy products) of the Schedule to the retention
regulations;
Schedule 7 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 8 (fisheries) of the Schedule to the retention
regulations;
Schedule 8 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 9 (food labelling) of the Schedule to the retention
regulations;
Schedule 9 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 10 (food safety) of the Schedule to the retention
regulations;
Schedule 10 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 12 (importation of products from third countries) of
the Schedule to the retention regulations;
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Schedule 11 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 13 (plant health and plant protection) of the Schedule
to the retention regulations;
Schedule 12 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 15 (residues) of the Schedule to the retention
regulations; and
Schedule 13 to these Regulations specifies the modifications to retained direct EU
legislation prescribed in Part 17 (zootechnical) of the Schedule to the retention
regulations.