The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

Made: at 00.30 a.m. on 5th September 2019

Laid before Parliament: at 16.00 p.m. on 5th September 2019

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

PART 1 — Introductory

Citation and commencement

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• (1) These Regulations may be cited as the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019.

• (2) This Regulation and Part 4 come into force immediately before exit day.

• (3) The remainder of these Regulations comes into force on exit day.

Interpretation

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• (1) In these Regulations—

• “the appropriate authority” means—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;

• “the OIE” means the World Organization for Animal Health;

• “third country” means any country or territory other than the British Islands.

• (2) In Part 2 of these Regulations—

• (a) the “animal health criteria” means the criteria set out in Schedule 1;

• (b) “the list” or “the relevant list” (as the case may be), for the purposes of any regulation, has the meaning given in paragraph (1) of that regulation;

• (c) the “public health criteria” means the criteria set out in Schedule 2.

PART 2 — Powers to amend lists of approved third countries for trade in animals and products

CHAPTER 1 — Function of approval of third countries to be included in approved lists relating to veterinary checks of hay and straw

Power to amend the third country lists in Commission Regulation (EC) No 136/2004

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• (1) The Secretary of State, with the consent of the appropriate authority, may by regulations amend Commission Regulation (EC) No 136/2004, laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries , to add a third country to the list in Annex 5 (“the list”) (third countries authorised for the purposes of the importation of hay or straw), or remove or amend an entry in the list in respect of a third country, where the amendment is necessary or appropriate in the light of an assessment of the risk to animal health in the United Kingdom, taking into account—

• (a) the assurances offered by the third country in question in relation to all or part of its territory with respect to compliance with relevant animal health requirements in the United Kingdom;

• (b) information on the general situation in the country as regards animal health;

• (c) the nature of the measures applied by the third country for monitoring and combating disease;

• (d) the structures, skills, independence and qualifications of the competent authority's veterinary and inspection services in the third country;

• (e) the outcome of any inspection visits;

• (f) the outcome of the import checks carried out;

• (g) the regularity and rapidity of the provision of information by the third country concerning the existence of contagious animal diseases in its territory, in particular those diseases listed by the OIE.

• (2) Any assessment which is relied on for the purpose of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the appropriate authority.

• (3) In the case of a third country which is not listed in the list or which is listed in the list only as regards part of its territory, the assessment must demonstrate that the relevant competent authority of the third country is able to provide appropriate assurances regarding compliance with relevant animal health requirements in the United Kingdom.

CHAPTER 2 — Function of approval of third countries to be included in approved lists relating to bovine embryos

Power to amend the third country lists in Commission Decision 2006/168/EC

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• (1) The Secretary of State, with the consent of the appropriate authority, may by regulations amend Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports of bovine embryos , to add a third country to the list in Annex 1 (“the list”), or remove or amend an entry in the list in respect of a third country, where the amendment is necessary or appropriate in the light of an assessment of the risk to animal health in the United Kingdom, taking into account—

• (a) the state of health of the livestock, other domestic animals and wildlife and the environmental situation in the third country, with particular reference to exotic, notifiable or reportable animal diseases which might endanger the health and environmental situation of the United Kingdom;

• (b) the regularity and rapidity of the provision of information by the third country concerning the existence of contagious animal diseases in its territory, in particular those diseases listed by the OIE;

• (c) the third country's rules on animal disease prevention and control;

• (d) the structures, skills, independence and qualifications of the competent authority's veterinary and inspection services in the third country;

• (e) the organization and implementation of measures to prevent and control contagious animal diseases;

• (f) the assurances which the third country can give with regard to compliance with the applicable animal health requirements in the United Kingdom relating to the collection, production, storage and transport of bovine embryos that are approved for export.

• (2) Any assessment which is relied on for the purpose of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the appropriate authority.

• (3) In the case of a third country which is not listed in the list or which is listed in the list only as regards part of its territory, the assessment must demonstrate that the relevant competent authority of the third country is able to provide appropriate assurances regarding compliance with relevant animal health requirements in the United Kingdom.

CHAPTER 3 — Function of approval of third countries for the importation of bivalve molluscs, echinoderms, tunicates, marine gastropods , fishery products, frogs' legs and snails

Power to amend the third country lists in Commission Implementing Regulation (EU) 2019/626

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• (1) The Secretary of State, with the consent of the appropriate authority, may by regulations amend Commission Implementing Regulation (EU) 2019/626, which, in particular, sets out the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods , fishery products, frogs' legs and snails are permitted , to add a third country to the list in Annex 1 , 2 or 3 (“the relevant list”), or remove or amend an entry in the relevant list in respect of a third country, where the amendment is necessary or appropriate in the light of an assessment of the risk to public health in the United Kingdom, taking into account the public health criteria.

• (2) Any assessment which is relied on for the purposes of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the appropriate authority.

• (3) In the case of a third country which is not listed in the relevant list, or which is listed therein only as regards part of its territory, the assessment must demonstrate that the relevant competent authority of the third country is able to provide appropriate assurances regarding compliance with relevant animal health requirements in the United Kingdom.

CHAPTER 4 — Function of approval of third countries for the importation of certain meat products and treated stomachs, bladders and intestines for human consumption

Power to amend the third country lists in Commission Decision 2007/777/EC

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• (1) The Secretary of State, with the consent of the appropriate authority, may by regulations amend Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries , to add a third country to the list in Annex 2 (“the list”), or remove or amend an entry in the list in respect of a third country, where the amendment is necessary or appropriate in the light of an assessment of the risk to animal and public health in the United Kingdom, taking into account the animal health criteria and the public health criteria.

• (2) Any assessment which is relied on for the purposes of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the appropriate authority.

• (3) In the case of a third country which is not listed in the list, or which is listed therein only as regards part of its territory, the assessment must demonstrate that the relevant competent authority of the third country is able to provide appropriate assurances regarding compliance with relevant animal and public health requirements in the United Kingdom.

CHAPTER 5 — Function of approval of third countries to be included in approved lists relating to poultry, poultry products (including hatching eggs)

Power to amend the third country lists in Commission Regulation (EC) No 798/2008

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• (1) The Secretary of State, with the consent of the appropriate authority, may by regulations amend Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements , to add a third country to the list in Part 1 of Annex 1 (“the list”), or remove or amend an entry in the list in respect of a third country, where the amendment is necessary or appropriate in the light of an assessment of the risk to animal or public health in the United Kingdom, taking into account the criteria and matters specified in paragraph (2).

• (2) Any assessment in respect of live poultry, hatching eggs (including specified pathogen-free eggs) day-old chicks and poultry products which is relied upon for the purposes of paragraph (1) must have been approved by the Secretary of State and the appropriate authority, taking into account the animal health criteria, the public health criteria and the following matters—

• (a) the assurances which the third country can give with regard to compliance with poultry health requirements in the third country;

• (b) the degree of compliance with regard to growth hormones and veterinary medicines.

• (3) Any assessment which is relied on for the purposes of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the appropriate authority.

• (4) In the case of a third country which is not listed in the list, or which is listed therein only as regards part of its territory, the assessment must demonstrate that the relevant competent authority of the third country is able to provide appropriate assurances regarding compliance with relevant animal and public health requirements in the United Kingdom.

CHAPTER 6 — Function of approval of third countries to be included in approved lists for the importation of meat of wild leporidae, wild land mammals and of farmed rabbits

Power to amend the third country lists in Commission Regulation (EC) No 119/2009

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• (1) The Secretary of State, with the consent of the appropriate authority, may by regulations amend Commission Regulation (EC) No 119/2009 laying down a list of third countries, or parts thereof, for imports of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements , to add a third country to the list in Annex 1 (“the list”), or remove or amend an entry in the list in respect of a third country, or a part of such a country, where the amendment is necessary or appropriate in the light of an assessment of the risks to animal and public health in the United Kingdom, taking into account the animal health criteria and the public health criteria.

• (2) Any assessment which is relied on for the purposes of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the appropriate authority.

• (3) In the case of a third country which is not listed in the list, or which is listed therein only as regards part of its territory, the assessment must demonstrate that the relevant competent authority of the third country is able to provide appropriate assurances regarding compliance with relevant animal and public health requirements in the United Kingdom.

CHAPTER 7 — Function of approval of third countries to be included in approved lists for the import of ungulates and fresh meat

Power to amend the third country lists in Commission Regulation (EU) No 206/2010

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• (1) The Secretary of State, with the consent of the appropriate authority, may by regulations amend Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements , to add a third country to the list in Part 1 of Annex 1 (Ungulates) or Part 1 of Annex 2 (fresh meat) (“the relevant list”), or remove or amend an entry in the relevant list in respect of a third country, where the amendment is necessary or appropriate in the light of an assessment of the risks to animal and human health in the United Kingdom, taking into account the public health criteria and the matters specified in paragraph (2).

• (2) Any assessment which is relied on for the purposes of paragraph (1) to amend Part 1 of Annex 1 with regard to imports of ungulate animals listed in Annex 1 to Council Directive 2004/68/EC must be appropriate to the circumstances and have been approved by the Secretary of State and the appropriate authority, taking into account—

• (a) the health status of livestock, other domestic animals and wildlife and the environmental situation in the third country, with particular regard to the general situation as regards animal health in the third country and any animal disease that is exotic, notifiable or reportable in the United Kingdom that may pose a risk to the health and environmental situation of the United Kingdom;

• (b) the legislation of the third country in relation to animal health and welfare;

• (c) the organization of the competent veterinary authority and its inspection services in the third country, the powers available to undertake those services, the supervision to which they are subject, and the means at their disposal, including staff and laboratory capacity, to apply the third country's legislation effectively;

• (d) the assurances which the competent veterinary authority of the third country can give regarding compliance with legislation in that country that is of relevance to protection of animal health in the United Kingdom;

• (e) whether the third country is a member of the OIE, and the regularity and rapidity of the information supplied by the third country relating to the existence of infectious or contagious animal diseases in its territory, in particular those diseases listed by the OIE;

• (f) the assurances given by the third country to inform the United Kingdom within 24 hours of the confirmation of the occurrence of any diseases of ungulates listed in Annex 2 to Council Directive 2004/68/EC and of any change in the vaccination policy concerning such diseases, or any proposed changes in the national health rules concerning live ungulate animals, in particular regarding importation;

• (g) any experience of previous imports of live animals from the third country and the results of any import controls carried out;

• (h) the animal health requirements applying to the production, manufacture, handling, storage and dispatch of products of animal origin intended for the United Kingdom;

• (i) the results of inspections or audits carried out in the third country, in particular the results of the assessment of the competent authorities of those inspections or audits;

• (j) the rules on the prevention and control of infectious or contagious animal diseases in force in the third country and their implementation, including rules on importation from other third countries.

• (3) Any assessment which is relied on for the purposes of paragraph (1) to amend Part 1 of Annex 2 to Commission Regulation (EU) No 206/2010 with regard to imports of fresh meat in accordance with Council Directive 2002/99/EC must be appropriate to the circumstances and have been approved by the Secretary of State and the appropriate authority.

• (4) In the case of a third country which is not listed in the relevant list, or which is listed therein only as regards part of its territory, the assessment must demonstrate that the relevant competent authority of the third country is able to provide appropriate assurances regarding compliance with relevant animal and public health requirements in the United Kingdom.

CHAPTER 8 — Function of approval of third countries to be included in approved lists with regard to the importation of semen, ova and embryos of the ovine and caprine species

Power to amend the third country lists in Commission Decision 2010/472/EU

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