Legalize / United Kingdom / Statutory-Instrument

The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-01-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 31st January 2019

Laid before Parliament: 4th February 2019

Coming into force in accordance with regulation 1

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 requirements of paragraph 3(2) of Schedule 7 to the Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

1

These Regulations may be cited as the Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

2

(1) Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies is amended as follows.

(2) In Article 3—

(a) in paragraph 1—

(i) in point (b), omit “in the Community”;

(ii) in point (e)—

(aa) for “Member State” substitute “ constituent nation ”;

(bb) omit from the words “it shall” to the end;

(iii) after point (p), insert—

(q) constituent nation: one of the following nations of the British Islands: England, Guernsey, Isle of Man, Jersey, Scotland or Wales; (r) OIE: the World Organisation for Animal Health.

(b) after paragraph 1, insert—

(1A) In this Regulation, “appropriate authority” means: (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers; (c) in relation to Scotland, theScottish Ministers; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) But the appropriate authority is the Secretary of State if consent is given by: (a) in relation to Wales, the Welsh Ministers; (b) relation to Scotland, the Scottish Ministers; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 5—

(a) in paragraph 1—

(i) for the first subparagraph substitute—

(1) The BSE status of countries and regions as categorised by the OIE is— (a) negligible risk, (b) controlled risk, or (c) undetermined risk, and, as at exit day, the BSE status for each of the constituent nations is established by Commission Decision 2007/453.

(ii) omit the third subparagraph;

(b) omit paragraphs 2 to 5;

(6) Exporting countries that are eligible for inclusion in the list of countries or regions approved for the import into Great Britain of live animals or of the products covered by this Regulation must be categorised with regard to BSE status that takes into account the criteria and potential risk factors set out in paragraph 1, and any statistical survey of the epidemiological situation regarding TSEs in the country on the basis of the use, in a screening procedure, of rapid tests. The classification criteria used by the OIE must be taken into account. Eligibility to import from a third country into Great Britain live animals or products of animal origin within scope of this Regulation under conditions determined on their established category must be established as soon as possible, once any epidemiological or other evidence which might lead to a change in BSE status has been analysed by the appropriate authorities.

(d) omit paragraph (8).

(4) In Article 6—

(a) in paragraph 1, for “Each Member State” substitute “ The appropriate authority ” ;

(b) in paragraph 2, for the words from the beginning to “Committee,” substitute “ The Secretary of State must inform the OIE ”;

(i) in the first sentence, for the words from the beginning to “Commission” substitute “ The appropriate authority must, where possible, submit to their relevant ... Parliament an annual report ”;

(ii) omit the third sentence.

(5) In Article 6a—

(a) in paragraph 1, for “Member States may” substitute “ Appropriate authorities may confer together and with expert scientists to ”;

(b) in paragraph 3, omit the first sentence.

(6) In Article 8—

(a) for paragraph 1 to 2 substitute—

(1) Specified risk material, referred to and listed in Annex 5 and including at least the brain, spinal cord, eyes and tonsils of bovine animals aged over 12 months, and the vertebral column of bovine animals aged over 30 months, must— (a) be removed and disposed of in accordance with Annex 5 and with Regulation (EC) No 1069/2009; (b) not be imported into Great Britain from any country other than a member State. (2) Tissues from animals which have undergone one of the alternative tests listed in Annex 10, which is applied under the conditions provided for in Annex 5, and in relation to which the test results are negative, are not to be regarded as specified risk material.

(b) in paragraph 3, for “In Member States or regions thereof,” substitute “ In parts of Great Britain”;

(6A) In Article 9, in paragraph 2, omit the second subparagraph.

(7) In Article 10—

(a) in paragraph 1, for “Member States” substitute “ Appropriate authorities ”;

(b) omit paragraph 2.

(8) In Article 11, for the first two paragraphs substitute—

Any person who suspects an animal of being infected by a TSE must immediately notify the relevant competent authority.

(9) In Article 13—

(a) in paragraph 4, omit the words from “in accordance” to the end;

(b) omit paragraph 5.

(10) Omit Article 14.

(11) In Article 15(1)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the second sentence, for “Community” substitute “ retained direct EU ”.

(12) In Article 16—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in paragraph 3, in the second subparagraph, for the words from “dispatched from” to “country” substitute “ imported from a country or region ”;

(d) in paragraph 6, omit “into the Community”.

(13) For Article 17 substitute—

Appropriate health certificates relating to trade in the semen, embryos and ova of bovine, ovine or caprine animals, and appropriate commercial documents relating to trade in products of animal origin must be supplemented, where necessary, by a reference to the category specifying the BSE classification.

(14) For Article 18 substitute—

The appropriate health certificates relating to imports must be supplemented in respect of the BSE classification of any country by the specific requirements laid down in Annex 9, as soon as that classification is confirmed.

(15) Omit Article 19.

(16) Omit Articles 21, 22 and 25.

(17) After Article 26, omit the words from “This Regulation” to “Member States.”.

(18) In Annex 2, in Chapter A, in the first paragraph, omit “Member States or third”.

(19) Annex 3 is amended in accordance with paragraphs (20) to (26).

(20) Chapter A is amended in accordance with paragraphs (21) to (23).

(21) In Part 1 (monitoring in bovine animals)—

(a) in point 5, for the words from “Member States” to “territory” substitute “ the appropriate authority may test other bovine animals ”;

(aa) in point 6.1, for “Chapter III of Section I of Annex I to Regulation (EC) No 854/2004” substitute “Article 18(4) of Regulation (EU) No 2017/625;

(b) omit point 7.

(22) In Part 2 (monitoring in ovine and caprine animals)—

(a) in point 2—

(i) in point (a)—

(aa) for the words from the beginning to “point 4,” substitute “ The appropriate authorities shall test ”;

(bb) at the end insert “ within the Great Britain ”;

(ii) omit point (b);

(iii) in point (c), in the words before the first indent, for “A Member State” substitute “ The Secretary of State, with the consent of the other appropriate authorities, ”;

(b) in point 3—

(i) in the words before the first indent, for “Member States” substitute “ The appropriate authorities ”;

(ii) in Tables A and B, in the heading of column 1, omit “Member State”;

(iii) in the footnotes to Tables A and B, omit “in the individual Member States” in both places where it occurs;

(d) in point 8, in the first sentence, for “Commission” substitute “ appropriate authority, which must immediately notify the other appropriate authorities ”.

(23) In Part 3 (monitoring in cervids)—

(a) omit chapter A;

(b) for Chapter B substitute—

The appropriate authority may carry out monitoring for TSEs in cervids.

(24) Chapter B is amended in accordance with paragraphs (25) to (26).

(25) In Part 1—

(a) in the heading, for “Member States” substitute “ appropriate authorities ”;

(b) in Section A—

(i) in the heading, for the words from “Member States” to the end substitute “ appropriate authorities in their annual report ”;

(ii) in point 2, for “Article 12(2)” substitute “ Article 12 ”;

(iii) in point 3, for “Article 12(1) and (2) substitute “ Article 12 ”;

(iv) omit point 9;

(26) Omit Part 2 (information to be presented in the Union summary report).

(27) Annex 4 is amended in accordance with paragraphs (28) to (32).

(28) In Chapter 3, in Section C, in the words before point (a), omit “for free circulation in the Union”.

(29) In Chapter 4, in Section E, in point (e), omit “for free circulation in the Union”.

(30) Chapter 5 is amended in accordance with paragraphs (31) to (32).

(31) In Section A, for “Member States” substitute “ The appropriate authority ”.

(32) In Section E—

(a) in point 1—

(i) in point (a), omit the words from “from the Union” to the end;

(ii) in point (c), in the last paragraph, for “TRACES” substitute “the appropriate computerised information management system”;

(iii) in point (d), after “TRACES”, insert “ or any replacement system in operation in Great Britain ”;

(b) in point 3—

(i) in point (b)(ii)—

(aa) in the first and second indents, omit “from the Union”;

(bb) in the second indent, omit “in the Union”;

(ii) in point (c), for “Union legislation”, in both places it occurs, substitute “ retained EU law ”;

(iii) in point (d), in the first and second paragraphs, omit “from the Union”;

(33) Annex 5 is amended in accordance with paragraphs (34) to (43).

(34) In point 1—

(a) in the words before point (a), for the words from “Member State” to “their” substitute “ country or a ”;

(b) in point (b), for “competent authority of the Member State of slaughter” substitute “ appropriate authority ”.

(35) In point 2—

(a) in the heading, for “Member States” substitute “ countries ”;

(b) for “Member States” substitute “ a country ”.

(36) In point 4, in point 4.3, in the words before point (a), for “Member States” substitute “ the appropriate authority ”.

(37) In point 5—

(a) omit the words from “Notwithstanding” to “Article 5(2), and”;

(b) omit “in all Member States”.

(38) In point 6—

(a) for “Member States, or regions thereof,” substitute “ parts of the United Kingdom ”;

(b) for the second reference to “Member States” substitute “ parts of the United Kingdom ”.

(39) In point 7, for “Member States” substitute “ parts of the United Kingdom ”.

(40) In point 8, in point 8.2—

(a) in the first sentence, for “Member States may decide” substitute “ nothing in this Regulation prevents the appropriate authority from deciding ”;

(b) omit the third sentence.

(41) In point 9, in the words before point (a), for “Member States may decide” substitute “ nothing in this Regulation prevents the appropriate authority from deciding ”.

(42) In point 10—

(a) in point 10.1—

(i) for “Member States” substitute “ The appropriate authority ”;

(ii) for “another” substitute “ a ”;

(b) in point 10.2, for “from one” to the end, substitute “ unless prior approval has been provided by the relevant authority in the receiving country ”;

(43) In point 11—

(a) in points 11.1 and 11.2, for “Member States” substitute “ The appropriate authority ”;

(b) in point 11.3(a), omit the sentence beginning “Until 30 June”.

(44) Annex 7 is amended in accordance with paragraphs (45) to (54).

(45) In Chapter A—

(a) in the first paragraph, omit “in a member State”;

(b) in the second paragraph, for “Member State” substitute “ appropriate authority ”.

(46) Chapter B is amended in accordance with paragraphs (47) to (53).

(47) In point 2.1, for “Member State” substitute “ appropriate authority ”.

(48) In point 2.2.2—

(a) in the words before point (a), for “Member State” substitute “ appropriate authority ”;

(b) in point (a)—

(i) in the second paragraph, for the words from “territory of” to the end substitute “ Great Britain ”;

(ii) in the last paragraph, for “Member State” substitute “ appropriate authority ”;

(i) in the fourth paragraph, in the words before point (i), for “Member States may decide” substitute “ nothing in this Regulation prevents the appropriate authority from deciding ”;

(ii) in point (i), in the first indent, for the words from “territory of” to the end substitute “ Great Britain ”;

(d) in point (c)—

(i) in the last indent before point (i), for “Member State” substitute “appropriate authority”;

(ii) in the final paragraph before point (i), for the words from “By way of derogation” to “decide” substitute “Nothing in this Regulation prevents the appropriate authority from deciding”;

(iii) in point (i), in the first indent for “Member State” substitute “appropriate authority”;

(iv) in point (ii), for “derogation” substitute “action”;

(v) in point (iii)—

(aa) for the words from “The application” to “Member State” substitute “Such action shall be limited to cases where the appropriate authority”;

(bb) in the penultimate sentence, for “Member State” substitute “appropriate authority”;

(cc) in the last sentence, for the words “In the case” to “the present paragraph” substitute “Where such action is taken”;

(e) in point (d)—

(i) in the fourth indent after the opening paragraph, for “Member State” substitute “appropriate authority”;

(ii) in the third paragraph for “Member State” substitute “appropriate authority” in both places where it occurs;

(iii) in the last paragraph, for “The Member States” substitute “Any appropriate authority”;

(49) In point 2.3—

(a) in point (a), for “a Member State” substitute “ the appropriate authority ”;

(b) in points (b) and (c), for “Member States” substitute “ the appropriate authority ”.

(49A) In point 3.3, in the fourth indent, for “Member State” substitute “appropriate authority”;

(50) In point 3.4—

(a) in point (b), for “Member State”, in both places it occurs, substitute “ appropriate authority ”;

(b) in point (c)—

(i) in the words before the first indent, for “Member State” substitute “ appropriate authority ”;

(ii) in the second indent, for “territory of the same Member State” substitute “Great Britain”.

(51) In point 4.2—

(a) in the paragraph before the indents, for the words from “However” to “may”, substitute “Nothing in this Regulation prevents the appropriate authority from deciding that instead of the measures in points 3.2 and 3.3 the authority may decide to”;

(51a) In point 4.3(b)—

(i) in the opening paragraph, for “Member State” substitute “appropriate authority”;

(ii) in the second indent, for “territory of the same Member State” substitute “United Kingdom”;

(52) In point 4.4, for “Member State” substitute “appropriate authority”.

(53) In point 4.6 , for “Member State” substitute “ appropriate authority ”.

(54) In Chapter C—

(a) in Part 1—

(i) in point 1, in the second paragraph, for “Member States” substitute “ the appropriate authority ”;

(ii) in point 6, omit “of the Member State”;

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