The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

Made: 14th March 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 .

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introductory

Citation and commencement

1

These Regulations may be cited as the Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2 — Amendments to Commission Implementing Regulation (EU) No 2015/262

Amendments to Commission Implementing Regulation (EU) No 2015/262

2

Commission Implementing Regulation (EU) No 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) is amended as follows.

Amendments to Article 1

3

In Article 1(1)—

• (a) in point (a), for “the Union” substitute “Great Britain”;

• (b) in point (b), for the words from “the Union” to the end substitute “Great Britain.”.

Amendments to Article 2

4

In Article 2—

• (a) for point (e)(i) (together with the following “or”) substitute—

(i) entered or registered and eligible for entry in a studbook, in accordance with the rules laid down by Articles 4(3), 19(4), 30(9) and (10), 32, 33 and 34(1)(c) of, and Annex 1, Part 1 of Annex 2 and Annex 5 to— - — in relation to the United Kingdom, Regulation 2016/1012 of the European Parliament and of the Council”, - — in relation to member States, Regulation (EU) 2016/1012 of the European Parliament and of the Council as it has effect in EU law, as amended from time to time, and identified by means of an identification document issued by a competent authority, or

• (b) in point (f)(i)—

• (i) after “recognised”, insert “ by the appropriate authority, by the zootechnical authority in Northern Ireland or ”;

• (ii) after “agency of”, insert “ the United Kingdom or of ”;

• (c) in point (h), for the words from “either” to the end substitute “to the slaughterhouse for slaughter, either directly or through an approved marshalling centre, referred to in—

• (i) Article 2(b) of Council Regulation 1/2005/EC, or

• (ii) in relation to intended slaughter in a member State or in Northern Ireland, Council Regulation 1/2005/EC, as that Regulation has effect in EU law, as amended from time to time ;”;

• (d) for point (i) substitute—

(i) ‘competent authority’ means— (i) in Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including an official veterinarian; (ii) in a member State, the central authority of the member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC, as amended from time to time (‘the EU Directive’) ; (iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including the competent authority referred to in point (h) of the EU Directive;

• (e) for point (j) substitute—

(j) ‘zootechnical authority’ means— (i) in Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book; (ii) in a member State, the central authority competent for the implementation of Council Directive 90/427/EEC , as amended from time to time, or any authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Commission Decision 92/353/EEC, as that Decision has effect in EU law, as amended from time to time ; (iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;

• (f) for point (k) substitute—

(k) ‘temporary admission’ means the status of a registered horse coming from a third country and admitted into Great Britain for a period of days pursuant to— (i) Article 3(1)(a) of Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae; (ii) a Decision adopted in accordance with Article 19(b) of the EU Directive;

• (g) omit point (l);

• (ga) omit point (p);

• (h) in point (r), after “designated by” insert “ a competent authority of the United Kingdom, ”;

• (i) in point (t)—

• (i) after “means the”, insert “veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013 or, in Northern Ireland or a member State, the”;

• (ii) after “Directive 2001/82/EC”, insert “as that Directive has effect in EU law, as amended from time to time”;

• (j) after point (t) , insert—

(u) ‘third country’ means a country other than the British Islands or a member State; (v) ‘constituent territory of the United Kingdom free of African horse sickness’ means a constituent territory of the United Kingdom in which— (i) there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years, and (ii) there have been no vaccinations against that disease during the previous 12 months; (w) ‘constituent territory of the United Kingdom’ means England, Wales, Scotland, or Northern Ireland; (wa) ‘constituent territory of Great Britain’ means England, Wales or Scotland; (x) ‘appropriate authority’ means— (i) in relation to England, the Secretary of State; (ii) in relation to Scotland, the Scottish Ministers; (iii) in relation to Wales, the Welsh Ministers; (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (y) ‘the EU Regulation’ means Commission Implementing Regulation (EU) 2015/262 , as that Regulation has effect in EU law, as amended from time to time.

Amendments to Article 3

5

In Article 3—

• (a) in paragraph 1, for the words from “one of” to “882/2004” substitute “ Great Britain ”;

• (b) omit paragraph 3;

• (c) in paragraph 4—

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

• (ii) for “(EC) No 882/2004” substitute “(EU) 2017/625”.

Amendments to Article 4

6

• (1) In Article 4—

• (a) in the heading—

• (i) omit “Union”;

• (ii) at the end, insert “in Great Britain”;

• (ab) in paragraph 1, in the text before point (a)—

• (i) omit “Union”;

• (ii) after “system for the identification of equidae” insert “in Great Britain”;

• (b) in paragraph 2—

• (i) in point (a)—

• (aa) for points (i) and (ii) substitute—

(i) Article 9 of this Regulation or of the EU Regulation, for equidae born in the United Kingdom or the Union; or (ii) Article 14 of this Regulation or of the EU Regulation, for equidae imported into the United Kingdom or the Union;

• (bb) in point (iii), after “30” insert “ of this Regulation or of the EU Regulation, ”;

• (cc) in point (iv), after “Article 32” insert “ of this Regulation or of the EU Regulation, ”;

• (ii) in point (b)—

• (aa) in point (i), after “Article 24” insert “ of this Regulation or of the EU Regulation ”;

• (bb) in point (ii), after “Article 26(2)” insert “ of the EU Regulation ”.

Amendments to Chapter 2

7

In the title of Chapter 2, for “the Union” substitute “Great Britain”.

Amendments to Article 5

8

In Article 5—

• (a) in the heading, for “the Union” substitute “Great Britain”;

• (b) in paragraph 1—

• (i) for point (a) substitute—

(a) for registered equidae (referred to in point of Article 2(e)(i))— (i) by an organisation or association officially approved or recognised in accordance with Article 4(3) of Regulation (EU) 2016/1012, as it has effect in EU law, as amended from time to time, (ii) by an official agency in a member State, (iii) by an organisation or association officially approved or recognised in accordance with Article 4(3) of Regulation (EU) 2016/1012, (iv) by an official agency in the United Kingdom, which manages the studbook in which the equine animal has been entered or has been registered and is eligible for entry;

• (c) in point (b), after “Member State” insert “ or constituent territory of the United Kingdom ”.

Amendments to Article 6

9

In Article 6—

• (a) in paragraph 1—

• (i) for “Member States”, in the first place where it occurs substitute “ The appropriate authority ”;

• (ii) omit “the other”, in the first place where it occurs;

• (iii) after “Member States,” in the second place where it occurs, insert “the competent authority for Northern Ireland,”;

• (b) in paragraph 2(c), omit the words from the beginning to “and”;

• (c) for paragraph 3 substitute—

(3) The appropriate authority must make the information in the list provided for in paragraph 1 available on a website which must be directly accessible to member States, the competent authority for Northern Ireland, the public and issuing bodies.

Amendments to Article 7

10

In Article 7, in the heading and in paragraph 1, for “the Union” substitute “Great Britain”.

Amendment to Article 8

11

In the heading to Article 8, for “the Union” substitute “Great Britain”.

Amendments to Article 9

12

In Article 9—

• (a) in the heading, for “the Union” substitute “Great Britain”;

• (b) in paragraph 2, for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ”.

• (c) in paragraph 3(b), for “2 or 3 of Decision 96/78/EC” substitute “15 of Regulation (EU) 2016/1012”.

Amendments to Article 10

13

In Article 10—

• (a) in paragraph 1(a), omit the words from “, or an equivalent” to the end;

• (b) in paragraph 3(b), omit the words from “or an authorised” to the end.

Amendments to Article 11

14

In Article 11—

• (a) in the heading, for “the Union” substitute “Great Britain”;

• (b) for paragraph 1 substitute—

(1) Keepers must submit an application for identification documents for equidae born in Great Britain to the appropriate issuing body in Great Britain, and must provide all information necessary to comply with this Regulation.

• (c) in paragraph 2—

• (i) for “Member States”, substitute “ The competent authority ”;

• (ii) omit “and Article 13(1)”;

• (d) in paragraph 3—

• (i) omit “and in accordance with Article 1 of Decision 96/78/EC”;

• (ii) for the words from “other than” to the end substitute “or in Northern Ireland, rather than in Great Britain”.

Amendments to Article 12

15

In Article 12—

• (a) in the heading, for “the Union” substitute “Great Britain”;

• (b) in paragraph 1—

• (i) for “the Union” substitute “Great Britain”;

• (ii) omit “or in accordance with Article 26(2)”;

• (c) omit paragraph 2;

• (d) in paragraph 3—

• (i) in the words before point (a), for “paragraphs 1 and 2” substitute “ paragraph 1 ”;

• (ii) in point (b), for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ”.

Omission of Article 13

16

Omit Article 13.

Amendment to Chapter 3

17

In the heading of Chapter 3, for “the Union” substitute “Great Britain from a third country”.

Amendments to Article 14

18

In Article 14—

• (a) for “the Union” substitute “Great Britain from a third country”;

• (b) for point (a)(i) substitute—

(i) in the case of registered equidae, by a body in a third country, included in the list provided for in— - — Article 34 of Regulation 2016/1012 of the European Parliament and of the Council, as it has effect in the EU law, as amended from time to time; - — Annex 1 to Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;

Amendments to Article 15

19

In Article 15—

• (a) in the heading, for “the Union” substitute “Great Britain from a third country”;

• (b) in paragraph 1—

• (i) in the words before point (a)—

• (aa) for “Article 5(1)” substitute “ Article 5(1)(a)(iii) and (iv) and (b) ”;

• (bb) for “Article 5(16)(a) of Regulation (EU) No 952/2013” substitute “ section 3(3) of the Taxation (Cross-Border Trade) Act 2018 ”;

• (ii) in point (a), for “the Union” substitute “Great Britain from a third country”;

• (iii) in point (b)—

• (aa) after “admission of a registered horse” insert “from a third country”;

• (bb) for the words from “a Decision” to the end substitute “the procedure referred to in Article 19 of Regulation 2018/659;”;

• (c) in paragraph 3, for “Directive 90/427/EEC” substitute “ this Regulation ”.

Insertion of new Article 15A

20

After Article 15, insert—

(1) On an application made in accordance with paragraph 3, the competent authority may issue an EU travel identification document for the purposes of exporting an equine animal from Great Britain to the Union, or for the purposes of moving an equine animal from Great Britain to Northern Ireland, whether or not for a temporary period. (2) An EU travel identification document may be issued where— (a) the equine animal does not fall within the categories referred to in Article 14(a)(i) or (ii); (b) at the date of the application, the equine animal is identified by a valid single identification document in accordance with Article 9, 14, 29, 30 or 32, and (c) that identification document was issued by an issuing body referred to in Article 5(1)(c)(ii). (3) An application to the competent authority for an EU travel identification document must be— (a) made by the owner or keeper of the equine animal, and (b) accompanied by the identification document referred to in paragraph 2(b).

Amendment to Article 16

21

In Article 16(1)(a), after “issued”, insert “ (by an issuing body either in the United Kingdom or in a member State) ”.

Amendments to Article 17

22

In Article 17—

• (a) in paragraph 1(b) and (c) and 2, after “Article 21”, insert “ of the EU Regulation ”;

• (b) in paragraph 3, after “Union”, insert “ or the United Kingdom ”.

• (c) omit paragraph 4.

Amendments to Article 18

23

In Article 18—

• (a) for paragraph 3 substitute—

(3) The minimum qualification required for the intervention provided for in paragraph 2 is that the person implanting the transponder into the equine animal is a current and registered member of the Royal College of Veterinary Surgeons or of an equivalent professional body in a member State.

• (b) in paragraphs 4 and 5(b), after “Article 21”, insert “ of the EU Regulation ”.

Amendments to Article 19

24

In Article 19—

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

• (b) for paragraph 2 substitute—

(2) The rules laid down in accordance with paragraph 1 must not compromise the system of identification for registered equine animals laid down (in accordance with Article 19(1) of the EU Regulation, by issuing bodies in member States or in Northern Ireland).

Omission of Article 21

25

Omit Article 21.

Amendment to Article 22

26

In Article 22(1)(a), after “Article 21” insert “ of the EU Regulation ”.

Amendment to Article 23

27

In Article 23(2)(b)(i), for “a Member State” substitute “ Great Britain ”.

Amendments to Article 24

28

In Article 24—

• (a) in paragraph 1, for “the same Member State” substitute “ Great Britain ”;

• (b) omit paragraph 3.

Amendments to Article 25

29

In Article 25—

• (a) in paragraph 1, for “the same Member State” substitute “ Great Britain ”;

• (b) for paragraph 2 substitute—

(2) Paragraph 1 also applies in relation to the transportation of registered equidae or equidae for breeding and production within Great Britain in circumstances where those equidae have entered Great Britain from a member State or from Northern Ireland.

Amendments to Article 26

30

In Article 26—

• (a) after paragraph 1, insert—