Statutory Instruments
2019 No. 1101
Exiting The European Union, Northern Ireland
Agriculture, Northern Ireland
Animals, Northern Ireland
Aquaculture, Northern Ireland
Environmental Protection, Northern Ireland
Food, Northern Ireland
Horticulture, Northern Ireland
The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
Sift requirements satisfied
18th June 2019
Made
9th July 2019
Laid before Parliament
10th July 2019
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 , makes the following Regulations.
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure) have been satisfied.
There has been open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation
PART 1 Introductory
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.
(2) They come into force as follows—
(a) as regards this Part and regulations 3, 6, 8 and 9, 21 days after the day on which these Regulations are laid;
(b) as regards all other regulations, on exit day.
(3) These Regulations extend to Northern Ireland only.
PART 2 Amendments of Animals Provisions
Amendment of the Cattle Passport Regulations (Northern Ireland) 1999
2. In the Cattle Passport Regulations (Northern Ireland) 1999 , in regulation 4(1), for “, a Minister of the Crown or a competent authority of a member State” substitute “ or a Minister of the Crown ” .
PART 3 Amendments of Aquaculture Provisions
Amendment of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
3. —(1)The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 are amended as follows.
(2) For regulation 2(2) substitute—
“ (2) In regulation 2(2), in the definition of “listed disease”, in paragraph (a), for “Part II of Annex IV to Directive 2006/88” substitute “ Annex 1A to Regulation 1251/2008 . ” ” .
(3) In regulation 2(11)—
(a) in the inserted paragraph (7), for “regulations 19(3)(c) and 21(1)” substitute “ regulation 19(3)(c) ” ;
(b) after the inserted paragraph (7)(a)(ii) insert—
“ (iii) paragraph 3 were omitted; and ” ;
(c) in the inserted paragraph (9), for “paragraph (9)(b)” substitute “ paragraph (8)(b) ” .
PART 4 Amendments of Environmental Protection Provisions
Amendment of the Environmental Noise Regulations (Northern Ireland) 2006
4. In regulation 4 of the Environmental Noise Regulations (Northern Ireland) 2006 for “(6)”, substitute “ (5) ” .
Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009
5. In regulation 2(4) of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 , for “as amended from time to time”, substitute “ as it had effect immediately before exit day ” .
Amendment of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019
6. Omit regulation 38 of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 .
PART 5 Amendments of Food Provisions
Amendment of the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018
7. In regulation 8 of the Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018 , for “European”, substitute “ retained EU ” .
Amendment of the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 6 Amendment of Horticulture Provisions
Amendment of the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010
10. —(1) The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010 are amended as follows.
(2) In regulation 2(1) for “Community marketing rules”, in each place it occurs, substitute “ marketing rules ” .
(3) In regulation 3(2)—
(a) omit “Community”;
(b) omit “or the European Commission”.
(4) In regulation 5 omit “Community”, in both places it occurs.
(5) In regulation 6(1) omit “Community”.
(6) In regulation 7 omit “Community”, in each place it occurs.
(7) In regulation 8 omit “Community”, in each place it occurs.
(8) In regulation 9 omit “Community”, in each place it occurs.
(9) In regulation 10(2)(e) omit “Community”.
(10) In regulation 13 omit “Community”, in both places it occurs.
(11) In regulation 15—
(a) in the heading, for “Community marketing rules offences”, substitute “ Marketing rules offences ” ;
(b) omit “Community”, in each place it occurs;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) in regulation 18 omit “Community”, in both places it occurs.
(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14) In Schedule 1 in Part 1, omit “Community”.
Amendment of the Marketing of Bananas Regulations (Northern Ireland) 2019
11. —(1) The Marketing of Bananas Regulations (Northern Ireland) 2019 are amended as follows.
(2) In regulation 3(2)—
(a) in sub-paragraph (a), omit “in other member States and”;
(b) omit sub-paragraph (b) and the preceding “or”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
David Rutley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs