The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021
| Year | 2021 |
2021 No. 66
Exiting The European Union
Food
The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021
Made 8th February 2021
Laid before the Scottish Parliament 10th February 2021
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3), and 11(M)(1) of schedule 2, and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 20181and all other powers enabling them to do so.
In accordance with paragraph 4(a) of schedule 2 of that Act2, the Scottish Ministers consulted the Secretary of State prior to the making of these Regulations.
There has been consultation as required by Article 9 of Regulation (EC) No 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3.
Citation and commencement
1.—(1) These Regulations may be cited as the Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force in accordance with paragraphs (2) to (4).
(2) This regulation, regulation 2(1), (2), (3), and (4)(a)(i) come into force on 22 March 2021.
(3) Regulation 2(4)(a)(ii) to (6) come into force on 1 July 2021.
(4) Regulations 3 and 4 come into force on 15 April 2021.
Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007
2.—(1) The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 20074are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1)—
(i) in the definition of “authorised activated alumina treatment”—
(aa) after paragraph (a) omit “or”, and
(bb) for paragraph (b) substitute—
“(b)
“(b) in the case of natural mineral water or spring water brought into Scotland from England or Wales, a treatment which complies with Articles 1 to 3 of Regulation 115/20105;
(c)
(c) in the case of natural mineral water or spring water brought into Scotland from Northern Ireland or from an EEA State, a treatment which complies with Articles 1 and 2 of Regulation 115/20106as it has effect in EU law;
(d)
(d) in the case of natural mineral water or spring water brought into Scotland from a country outside the United Kingdom and the EEA, a treatment which complies with Articles 1 and 2 of Regulation 115/2010;”,
(ii) in the definition of “authorised ozone-enriched air oxidation technique”, for paragraph (b) substitute—
“(b)
“(b) in the case of water brought into Scotland from other parts of the United Kingdom, a treatment that complies with the relevant bottled water legislation in force in that part of the United Kingdom;”,
(iii) omit the definition of “Directive 2003/40”,
(iv) after the definition of “Regulation 1169/2011” insert—
““relevant bottled water legislation” means—
(a) in relation to England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 20077;
(b) in relation to Northern Ireland, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 20158;
(c) in relation to Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 20159;”,
(v) after the definition of “sell” insert—
““third country” means any country, other than the United Kingdom, and includes—
(a) the Bailiwick of Guernsey;
(b) the Bailiwick of Jersey;
(c) the Isle of Man.”;
(b)
(b) in paragraph (2) omit “2003/40,”.
(3) In regulation 3 (exemptions), for paragraph (1)(d) substitute—
“(d)
“(d) is a natural mineral water intended for—
(i) movement into Northern Ireland;
(ii) export to a third country.”.
(4) In regulation 4 (recognition as natural mineral water)—
(a)
(a) in paragraph (1)—
(i) in sub-paragraph (b), for “Directive 2009/54;” substitute “relevant bottled water legislation; and”,
(ii) omit sub-paragraph (c),
(iii) for sub-paragraph (d) substitute—
“(d)
“(d) in the case of water extracted from the ground in a third country—
(i) by the Agency, in accordance with Part 2 of schedule 3;
(ii) in accordance with equivalent recognition in Northern Ireland granted by the relevant Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015;
(iii) in accordance with equivalent recognition in England granted by the Secretary of State in accordance with regulation 4(1)(d)(i) of, and Part 2 of schedule 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007; or
(iv) in accordance with equivalent recognition in Wales granted by the relevant Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled...
To continue reading
Request your trial