Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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DEFRA Consultation, 8 February 2021
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DEFRA Consultation: Consultation on amending domestic food legislation in England The consultation is provided on a web page but the details have been saved as a pdf and is available in that format on this site (click on image). Provided uder the Open Government Licence. The original web page can accessed from: |
The Consultation is open until 22 March 2021 and the comments page can be accessed from the consultation page: Consultation on amending domestic food legislation in England. The following is the Executive Summary and Background from the web page:
Relating to: Bread and Flour Regulations 1998; Products Containing Meat etc (England) Regulations 2014; Jam and Similar Products (England) Regulations 2003, Spreadable Fats etc. (England) Regulations 2008.
Executive Summary
Since the UK has left the EU, and the Transition Period has ended, we would like to request your views about our proposals to amend certain food legislation in England. The proposed changes would enable us to maintain our high domestic food standards and reflect the UK’s new trading relationship with the EU and remain compliant with World Trade Organisation (WTO) rules, while supporting food businesses in adjusting to the changes. We would also welcome additional information which you may be able to provide about relevant trade and likely impacts of the proposed changes on your sector.
Background
The UK left the EU on 31st January 2020 and the Transition Period ended on 31st December 2020. Until then the UK had continued to operate in accordance with relevant EU rules.
The Treaty on the Functioning of the European Union provides that Member States cannot freely introduce regulatory barriers to free movement of goods unless they are justified on certain grounds such as public morality or public health and safety (as laid out in Article 36, which now no longer applies in the UK save in respect of goods imported into Northern Ireland from the EU).
This is commonly referred to as the mutual recognition principle which ensures market access for goods that are not or are only partly subject to EU harmonisation legislation. Where a Member State has made national rules in non-harmonised or partly harmonised areas, this principle guarantees that goods from other member states that comply with EU law but do not fully comply with these national rules can still legally be placed on the market (unless one of the exceptions outlined above applies). Therefore, any good lawfully sold in one EU country can be sold in another.
This arrangement was further extended to relevant products from member states of the European Economic Area.
In order to meet this obligation, several of our domestic regulations currently contain clauses that have allowed products imported from European Economic Area (EEA) member countries and Turkey (depending on the regulations) to be placed on the market in the UK if they are legally sold in those EEA countries / Turkey, even if they do not meet standards in the UK.
