UK MINISTERS ACTING IN DEVOLVED AREAS
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77 – The Nutrition (Amendment etc) (EU Exit) Regulations 2019 Laid in the UK Parliament: 16 January 2019 |
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Sifting |
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Subject to sifting in UK Parliament? |
No |
Procedure: |
Affirmative |
Date of consideration by the House of Commons European Statutory Instruments Committee |
N/A |
Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
21/01/2019 |
Date sifting period ends in UK Parliament |
N/A |
Written statement under SO 30C: |
Paper 13 |
SICM under SO 30A (because amends primary legislation) |
Not required |
Scrutiny procedure |
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Outcome of sifting |
N/A |
Procedure |
Affirmative |
Date of consideration by the Joint Committee on Statutory Instruments |
Not known |
Date of consideration by the House of Commons Statutory Instruments Committee |
Not known |
Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
Not known |
Commentary
The Written Statement refers to Regulations which were laid before the UK Parliament on 16 January 2019. The Regulations were subsequently withdrawn and a new version of the Regulations were laid on 17 January. It is not clear why the Welsh Government Written Statement, laid on 18 January, refers to the Regulations that were withdrawn. A query has been raised with Welsh Government officials.
These Regulations are proposed to be made by the UK Government pursuant to sections 8(1) and 23 of, and paragraph 21 of Schedule 7 to, of the European Union (Withdrawal) Act 2018.
The purpose of this instrument is to remedy deficiencies in UK legislation relating to nutrition, arising from the withdrawal of the UK from the European Union (“EU”), in the event that the UK leaves without a deal having been agreed. This instrument amends existing domestic, and retained EU, legislation as well as revoking some pieces of related EU tertiary legislation which will no longer have any application to the UK after withdrawal.
The subject areas covered by this nutrition legislation are: nutrition and health claims made on food; the addition of vitamins, minerals and certain other substances to foods; composition and labelling of food supplements; the composition and labelling of food for specific groups; and the sale of products containing Kava-kava.
Legal Advisers make the following comments in relation to the Welsh Government’s statement dated 18 January 2019 regarding the effect of these Regulations:
- 2013/63/EU: Commission Implementing Decision (named Regulation (EC) 2013/63 in error in the Welsh Government’s statement) adopting guidelines for the implementation of specific conditions for health claims laid down in Article 10 of Regulation (EC) No 1924/2006 of the European Parliament and of the Council; - Regulation (EU) No 907/2013 setting the rules for applications concerning the use of generic descriptors (denominations); - Regulation (EU) No 489/2012 establishing implementing rules for the application of Article 16 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods (although in this instance, Legal Advisers do note that the description in the list makes clear that Regulation (EU) No 489/2012 is to be revoked).
Legal Advisers do not
consider that any significant issues arise under paragraph 8 of the
Memorandum on the European Union (Withdrawal) Bill and the
Establishment of Common Frameworks in relation to these
Regulations. |