Legalize / United Kingdom / Statutory-Instrument

The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-03-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 28th 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(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to that Act, 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 Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2 — Amendment of retained direct EU legislation

Commission Decision 2003/644/EC

2

(1) Commission Decision 2003/644/EC establishing additional guarantees regarding salmonella for consignments to Finland and Sweden of breeding poultry and day-old chicks for introduction into flocks of breeding poultry or flocks of productive poultry is amended as follows.

(2) In Article 1, after “Finland”, insert “ , Norway ”.

(3) In Article 3—

(a) in paragraph 1, after “Finland”, insert “ , Norway ”;

(b) omit paragraph 2.

(4) In Article 4, after “Finland”, insert “ , Norway ”.

(5) In Article 5—

(a) in paragraph 1, after “Finland”, insert “ , Norway ”;

(b) omit paragraph 2.

(6) Omit Articles 6 and 8.

(7) In Annex 1—

(a) in point 2, for the words from “Annex III” to the end substitute “ point 2.1.1 of the Annex to Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus. ”;

(b) in point 3—

(i) in the first indent, for the words from “ISO 6579:1993” to the end, substitute “ ISO 6579 as it has effect for the time being ”;

(ii) omit the second indent.

Regulation (EC) No 2160/2003

3

(1) Regulation (EC) No 2160/2003 on the control of salmonella and other specified food-borne zoonotic agents is amended as follows.

(2) In Article 1—

(a) in paragraph 2—

(i) in point (b), for “Member States” substitute “ competent authorities ”;

(ii) in point (d), for “intra-Community trade” substitute “ exports to member States ”;

(b) omit paragraph 4;

(3) In Article 2—

(a) in paragraph 1, after “Regulation (EC) No 178/2002”, insert “other than the definitions of ‘appropriate authority’ and ‘third country’”;

(b) in paragraph 3—

(i) in point (a), omit “and”;

(ii) after point (b), insert—

(c) ‘the appropriate authority’ has the meaning given by Article 2A; (d) ‘constituent territory’ means England, Wales or Scotland, as the case may be; (e) ‘third country’ means a country or territory outside the British Islands;

(4) After Article 2 insert—

(1) Subject to paragraph 2, ‘the appropriate authority’ means— (a) in relation to England, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) in relation to Wales, the Welsh Ministers. (2) But the appropriate authority is the Secretary of State if consent is given by— (a) in relation to Scotland, the Scottish Ministers; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in relation to Wales, in respect of the power to make regulations under Articles 4, 5, 8 11 and 12, the Welsh Ministers.

(5) In Article 3—

(a) in paragraph 1—

(i) for “Each Member State shall” substitute “ The appropriate authority must ”;

(ii) omit the words from “and notify” to the end;

(b) in paragraph 2(b)—

(i) omit “national”;

(ii) omit the words from “and for” to the end;

(3) The competent authorities must cooperate with the competent authorities in other constituent territories so as to secure the proper implementation of the requirements of this Regulation.

(6) In the heading to Chapter 2, omit “COMMUNITY”.

(7) In Article 4—

(a) in the heading, omit “Community”;

(b) for paragraph 1 substitute—

(1) The appropriate authority may, by regulations, set, modify or omit a target for the reduction of the prevalence of the zoonoses and zoonotic agents listed in Annex 1, column 1, in the animal populations listed in Annex 1, column 2 .

(d) for paragraph 4 substitute—

(4) Before making regulations under paragraph 1, the appropriate authority must— (a) publish an analysis of the expected costs and benefits of any new target, taking into account the criteria laid down in paragraph 6(c); (b) take into account data collected in accordance with Article 3(2)(b). (4A) The competent authority must, if requested to do so by the appropriate authority, assist in the preparation of the analysis referred to in paragraph 4(a).

(e) omit paragraph 5;

(f) in paragraph 6—

(i) omit point (a);

(ii) in point (b), in the words before point (i)—

(aa) for the words from “Amendments” to “scope of” substitute “ The appropriate authority may, by regulations, amend Annex 1 to alter ”;

(bb) omit “Community”;

(iii) in point (c), for the words from “The criteria” to “include”, substitute “ Before making regulations under point (b), the appropriate authority must take into account ”;

(g) for paragraph 7 substitute—

(7) The appropriate authority may, by regulations, amend Annex 3.

(h) omit paragraphs 8 and 9.

(8) In Article 5—

(a) in the heading omit “National”;

(b) in paragraph 1—

(i) for the first sentence substitute—

To achieve a target set in accordance with Article 4, the competent authority must establish a control programme.

(ii) in the second sentence—

(aa) omit “National”;

(bb) for “each Member State” substitute “ the constituent territory ”;

(d) in paragraph 5—

(i) omit “National”, in the first place it occurs;

(ii) for “national”, in the second place it occurs, substitute “ constituent ”;

(e) for paragraph 6, substitute—

(6) The appropriate authority may, by regulations, amend the requirements and minimum sampling rules laid down in Annex 2. (6A) Before making regulations under paragraph 6, the appropriate authority must take into account the criteria listed in Article 4(6)(c).

(f) in paragraph 7—

(i) for the first subparagraph substitute—

Within six months of the establishment of a target under Article 4, the competent authority must submit its control programme to the appropriate authority and set out the measures to be implemented.

(ii) omit the second and third subparagraphs.

(9) For Article 6 substitute—

(1) After the competent authority submits a control programme in accordance with Article 5, the appropriate authority must establish whether it complies with this Regulation. (2) After establishing the conformity of a control programme, the appropriate authority must approve the programme. (3) Amendments to a previously approved programme may be approved to take account of the evolution of the situation in the constituent territory, in particular in the light of the results referred to in Article 5(3)(d).

(10) In Article 7—

(a) in paragraph 1, after “establish” insert “ operator ”;

(b) in paragraph 2—

(i) in the first sentence—

(aa) after “their”, in both places it occurs, insert “ operator ”;

(bb) omit “national”;

(cc) for “Member State”, substitute “ constituent territory ”;

(ii) in the second sentence—

(aa) for “different Member States”, substitute “ more than one constituent territory ”;

(bb) for “each Member State” substitute “ each territory ”;

(i) after “approve” insert “ operator ”;

(ii) after “satisfied that the” insert “ operator ”;

(iii) for “national control programme” substitute “ control programme established under Article 5 ”;

(d) in paragraph 4—

(i) in the first sentence—

(aa) for “Member States shall” substitute “ The competent authority must ”;

(bb) after “approved” insert “ operator ”;

(ii) in the second sentence, for “the Commission” substitute “ the appropriate authority ”;

(e) in paragraph 5, after “their” in the second place it occurs, insert “ operator ”.

(11) In Article 8—

(a) for paragraph 1 substitute—

(1) The appropriate authority may, by regulations— (a) require or permit specific control methods for the reduction of prevalence of zoonoses and zoonotic agents to be applied at the stage of the primary production of animals and other stages in the food chain; (b) prescribe certain specific control methods that may not be used as part of control programmes. (1A) Regulations under paragraph 1(a) may, in respect of those specific control methods— (a) set conditions for their use; (b) specify documents, procedures and minimum requirements.

(b) in paragraph 2—

(i) for “paragraph 1(a), (b) and (c) shall” substitute “ paragraphs 1(a) and 1A do ”;

(ii) for “Community legislation” substitute “ retained EU law ”.

(12) Omit Article 9.

(13) In Article 10—

(a) in paragraph 1—

(i) in the first sentence—

(aa) omit “As from the dates mentioned in Annex I, column 5,”;

(bb) for “Community legislation” substitute “ retained EU law ”;

(cc) for “Member States are authorised to import those” substitute “ importation of ”;

(dd) after “Regulation”, insert “ is authorised ”;

(ee) for “Commission” substitute “ Secretary of State ”;

(ii) omit the fourth sentence;

(b) for paragraph 2 substitute—

(2) The Secretary of State may, by regulations, amend the list of third countries provided for in retained EU law referred to in paragraph 1. (2A) Before making regulations under paragraph 2 to add to the list, the Secretary of State must be satisfied that the programme which has been submitted meets the requirements set out in paragraph 1.

(d) in paragraph 4—

(i) in the second sentence, omit the words from “, or, if necessary” to “Article 14(2)”;

(ii) for the third sentence substitute—

The date and result of testing must be included in any import certificates which are required for the importation into Great Britain of live animals or hatching eggs.

(e) after paragraph 4 insert—

(4A) The Secretary of State may by regulations specify additional zoonoses or zoonotic agents which, for the purposes of paragraph 4, are to be treated as if they are listed in Annex 1, column 1. (4B) The Secretary of State may not make regulations under paragraph 4A unless satisfied it is necessary to do so in order to achieve the objective of equivalent guarantees laid down in paragraph 1.

(f) omit paragraph 5;

(g) in paragraph 6—

(i) for “Community legislation” substitute “ retained EU law ”;

(ii) for “Member States are authorised to import” substitute “ importation of ”;

(iii) after “Regulation”, in the first place it occurs, insert “ is authorised ”;

(iv) for “Commission” substitute “ Secretary of State ”.

(14) In Article 11—

(a) omit paragraphs 1 and 2;

(b) in paragraph 3—

(i) in the first sentence—

(aa) for “Member States shall” substitute “ The appropriate authority may ”;

(bb) omit “national”;

(ii) omit the second sentence;

(iii) for paragraph 4, substitute—

(4) The appropriate authority may, by regulations, make provision regarding— (a) the responsibilities and tasks of reference laboratories; (b) coordination between reference laboratories and laboratories designated under Article 12(1)(a).

(15) In Article 12—

(a) in paragraph 1(b)—

(i) for “EN/ISO” substitute “ ISO ”;

(ii) omit “within 24 months of entry into force of this Regulation or”;

(b) in paragraph 2, omit “national”;

(i) at the beginning insert “ Subject to paragraph 4, ”;

(ii) omit the third subparagraph;

(d) after paragraph 3 insert—

(4) Where in the opinion of the appropriate authority it is necessary to do so, the appropriate authority may, by regulations, approve other methods for testing.

(16) Omit Chapter 7.

(17) Omit Article 17.

(18) In Chapter 8, before Article 18, insert—

(1) This Article applies to regulations made under Article 4, 5, 8, 11 or 12. (2) Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument. (3) For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament. (6) A statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the Welsh Parliament. (7) Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Such regulations may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); (b) make different provision for different purposes. (1) This Article applies to regulations made under Article 10. (2) The Secretary of State may only make regulations in relation to the whole of Great Britain . (3) The Secretary of State may not make regulations without the consent of— (a) in relation to Wales, the Welsh Ministers; (b) in relation to Scotland, the Scottish Ministers; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where either of the parties mentioned in paragraph (a) or (b) requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request. (5) Regulations made by the Secretary of State are to be made by statutory instrument. (6) A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament. (7) Such regulations may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); (b) make different provision for different purposes.

(19) After Article 18, omit the words from “This Regulation” to “Member States”.

(20) In Annex 1—

(a) in the heading to the table—

(i) omit “Community”;

(ii) for “are to”, substitute “ may ”;

(b) in the table—

(i) omit columns 4 (date by which target must be established) and 5 (date from which testing must take place);

(ii) omit the table note.

(21) Annex 2 is amended in accordance with paragraphs (22) to (27).

(22) In the heading to part A, omit “national”.

(23) In part A—

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

(b) in point 1.1, for the words from “Member State” to the end, substitute “ constituent territory ”;

(d) in point 1.10, omit “national”.

(24) In part B, in point 2, for “Community legislation” substitute “ retained EU law ”.

(25) In part C—

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