The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 601
Exiting The European Union
Agriculture
Health And Safety
The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019
Made 14th March 2019
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by—
(a) in relation to Part 1, the powers mentioned in paragraphs (b) and (c);
(b) in relation to Part 2, section 2(2) of the European Communities Act 1972 (“the 1972 Act”)1;
(c) in relation to Parts 3 and 4, section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20182.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to—
(a) materials providing or intended to provide nutrients for plants3;
(b) regulation and control of classification, packaging and labelling of dangerous substances and preparations4.
In accordance with paragraph 2(2) of Schedule 2 to the 1972 Act and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introductory
Citation and commencement
1.—(1) These Regulations may be cited as the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019.
(2) They come into force as follows—
(a)
(a) as regards this Part and Part 2, on the day after the day on which they are made;
(b)
(b) as regards the remainder, on exit day.
PART 2
Amendment of out of date references
The Fertilisers Regulations 1991
2.—(1) The Fertilisers Regulations 19915are amended as follows.
(2) Omit regulations 1A and 2.
(3) Before regulation 3 insert—
“Scope: “EC fertilisers”
2A. These Regulations do not apply to fertilisers designated as “EC fertilisers”.”.
(4) In regulation 3—
(a)
(a) in the heading omit “not designated as EEC fertilisers or EC fertilisers”;
(b)
(b) renumber the existing regulation as paragraph (1) of regulation 3;
(c)
(c) omit the words from “, not being designated” to “EC fertiliser,”.
(5) In regulation 3A—
(a)
(a) renumber the existing regulation as paragraph (2) of regulation 3;
(b)
(b) omit the words from “, not being designated” to “EC fertiliser,”.
(6) In regulation 4(4) and (5) omit the words from “, not being designated” to “EC fertilisers,”.
(7) In the following regulations omit the words from “, not being designated” to “EC fertiliser,”—
(a)
(a) regulation 7(b) and (c);
(b)
(b) regulation 9(b) and (c).
(8) In regulation 10(1), in the words before paragraph (a), for the words from the beginning to “as respects” substitute “As respects”.
(9) Omit regulation 11.
(10) Schedule 1 is amended in accordance with paragraphs (11) to (13).
(11) In the following paragraphs omit the words from “, not being designated” to “EC fertilisers,”—
(a)
(a) paragraph 6;
(b)
(b) paragraph 7(a)(i) and (b).
(12) In Section B of the table, in column (4), in the table relating to nitrogen, in each place it occurs—
(a)
(a) omit the column headed “EC fertiliser”;
(b)
(b) in the second column, for “Other than EEC fertilisers or EC fertiliser” substitute “Fertiliser”.
(13) In Section C of the table, in group 2, in column (4), in each place they occur, omit—
(a)
(a) “EC fertiliser”;
(b)
(b) “Other than EEC fertilisers or EC fertiliser”.
(14) Schedule 2 is amended in accordance with paragraphs (15) and (16).
(15) In Part 1, in paragraph 1—
(a)
(a) omit sub-paragraph (a);
(b)
(b) in sub-paragraph (i) omit the words from the beginning to “EC fertilisers,”;
(c)
(c) in sub-paragraph (k), in the second sentence omit the words from “, sold” to “EC fertiliser,”.
(16) In Part 2, in paragraph 2 omit the words from the beginning to “EC fertiliser,”.
The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003
3. In Schedule 2 to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 20036, in paragraph 12, in notes 1 and 2, for the words from “Annex II” to “87/94/EEC” substitute “Annex 3 to Regulation (EC) No 2003/2003of the European Parliament and of the Council relating to fertilisers7”.
The EC Fertilisers (England and Wales) Regulations 2006
4.—(1) The EC Fertilisers (England and Wales) Regulations 20068are amended as follows.
(2) In the following regulations, for “National Assembly for Wales”, in each place it occurs, substitute “Welsh Ministers”—
(a)
(a) regulation 10;
(b)
(b) regulation 14;
(c)
(c) regulation 19.
(3) In regulation 10—
(a)
(a) in paragraph (2), for “it” substitute “they”;
(b)
(b) in paragraph (3), for “it” substitute “them”.
(4) Omit regulation 16.
(5) In regulation 17(c), for “33” substitute “30”.
PART 3
Amendment of retained direct EU legislation
Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers
5.—(1) Regulation (EC) No 2003/2003of the European Parliament and of the Council relating to fertilisers is amended as follows.
(2) In the Regulation—
(a)
(a) for “EC fertiliser”, in each place it occurs, substitute “UK fertiliser”;
(b)
(b) for “EC fertilisers”, in each place it occurs, substitute “UK fertilisers”;
(c)
(c) for “European standard” or “European Standard”, in each place it occurs, substitute “recognised standard”;
(d)
(d) for “European Standards”, in each place it occurs, substitute “recognised standards”.
(3) In Article 2—
(a)
(a) the existing text becomes paragraph 1;
(b)
(b) in that paragraph—
(i) in point (r), for “Community legislation” substitute “retained EU law”;
(ii) for point (t) substitute—
“(t)
“(t) ‘Recognised standard’ means either of the following standards:
(i) CEN (European Committee for Standardisation);
(ii) BSI (the British Standards Institution).”;
(iii) in point (w), for “customs territory of the European Community” substitute “United Kingdom”;
(iv) after point (x) insert—
“(y)
“(y) “Appropriate authority” means:
(i) in relation to a decision in respect of ammonium nitrate fertilisers of high nitrogen content where the decision is outside devolved competence, the Secretary of State;
(ii) in relation to a decision in respect of other fertilisers:
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
in relation to Scotland, the Scottish Ministers;
in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
(z)
(z) “Enforcement authority” means:
(i) in England and Wales, an enforcement authority specified in regulation 11 of the EC Fertilisers (England and Wales) Regulations 2006;
(ii) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 19949;
(iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
z1 “Relevant authority” means:
(i) in relation to Wales, the Welsh Ministers;
(ii) in relation to Scotland, the Scottish Ministers;
(iii) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”;
(c)
(c) after that paragraph insert—
“2. References in this Regulation to devolved competence are to be read in accordance with the following provisions:
(a) it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:
(i) in relation to Wales, the National Assembly for Wales if it were included in an Act of the Assembly (see section 108A of the Government of Wales Act 200610);
(ii) in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 199811);
(iii) in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 199812);
(b) in the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that:
(i) in relation to Wales, a provision of an Act of the National Assembly for Wales conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Assembly;
(ii) in relation to Scotland, a provision of an Act of the Scottish Parliament conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Parliament;
(iii) in relation to Northern Ireland, a provision of an Act of the Northern Ireland Assembly conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Assembly.”.
(4) In Article 4, for “Community” (including in the heading) substitute “United Kingdom”.
(5) Omit Article 5.
(6) In Article 6—
(a)
(a) in paragraph (1), in the first subparagraph, in the words before point (a)—
(i) for the words from the beginning to “may” substitute “Nothing in this Regulation prevents the appropriate authority, in order to satisfy the requirements of Article 9, from using any power the appropriate authority has to”;
(ii) for “their market” substitute “the market”;
(b)
(b) in paragraph (2), in the first subparagraph, in the words before point (a)—
(i) for “Member States may” substitute “Nothing in this Regulation prevents the appropriate authority from using any power the appropriate authority has to”;
(ii) for “their markets” substitute “the market”;
(c)
(c) in paragraph (3), for “Member States” substitute “The appropriate authority”.
(7) In Article 8, in the second...
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