The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020
For the purposes of point (b)(iii), consent may only be given if the appropriate authority is satisfied that the disease risk posed by crustaceans from that source is no greater than if they were from a source which would satisfy point (b)(i).
- (h) in paragraph II.3, in the words before point (a), for “Article 28 of Directive 2006/88/EC” substitute “Part 4 of the Aquatic Animal Health Regulations”;
- (i) in the headings to Tables 6A and 6B, for “Member States” substitute “constituent GB territories”.
- (34) In Annex 2—
- (a) in the section headed “Introduction”, in the words before the table, for the words from “Part II” to “that Directive:” substitute “Annex 1A to Regulation 1251/2008 (‘the listed diseases”):”;
- (b) in Part 1—
- (i) in paragraph I.6, omit the words from “or to” to “Directive 2006/88/EC”;
- (ii) in paragraph III, in the second unnumbered subparagraph—
- (aa) for “the European Union”, in both places where it occurs, substitute “Europe”;
- (bb) omit “from the Member States”;
- (c) in Part 2, in paragraph I.2.2, in the final unnumbered subparagraph, omit the words from “or to” to “Directive 2006/88/EC,”;
- (d) in Part 3—
- (i) in paragraph II.1.3, in the second unnumbered paragraph, for the words from “the European” to “Association” substitute “Europe”;
- (ii) in paragraph II.2.4, in point (b), omit the words from “or” to the end;
- (e) in Part 6, in paragraph 1, in the second unnumbered subparagraph, omit the words from “applied” to “Laboratory”.
CHAPTER 3 — Animal by-products
Regulation (EC) No 1069/2009
12
- (1) Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption is amended as follows.
- (2) In the Regulation, for “Community legislation”, in each place where it occurs (other than in Articles 5(1) and 34(2)), substitute “retained EU law”.
- (3) In Article 2—
- (a) in paragraph 2—
- (i) in point (g)(i), for “internationally” substitute “outside the British Islands”;
- (ii) in point (h), omit “without prejudice to Community environmental legislation,”;
- (b) omit paragraph 3.
- (4) In Article 3—
- (a) in each of paragraphs 14 and 16, for “the Community” substitute “Great Britain”;
- (b) in paragraph 21, for “Directive 1999/31/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016[^f00017] or the Pollution Prevention and Control (Scotland) Regulations 2012[^f00018]”;
- (c) after paragraph 27 insert—
(28) ‘constituent nation’ means England, Wales or Scotland; (29) ‘third country’ means a country or territory other than the British Islands; (30) ‘the Implementing Regulation’ means Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive; (31) ‘the Official Controls Regulation’ means Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products; (32) ‘the England Trade Regulations’ means the Trade in Animals and Related Products Regulations 2011[^f00019]; (33) ‘the Wales Trade Regulations’ means the Trade in Animals and Related Products (Wales) Regulations[^f00020]; (34) ‘the Scotland Trade Regulations’ means the Trade in Animals and Related Products (Scotland) Regulations[^f00021]..
- (5) After Article 3 insert—
(1) In this Regulation “the 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, the Scottish Ministers. (2) But the appropriate authority is the Secretary of State if consent is given by— (a) in relation to Wales, the Welsh Ministers; (b) in relation to Scotland, the Scottish Ministers.
- (6) In Article 4—
- (a) in each of paragraphs 3 and 4, for “Member States” substitute “The appropriate authority”;
- (b) in paragraph 5—
- (i) for “Member States”, in the first place where it occurs, substitute “The appropriate authority”;
- (ii) for “Member States”, in the second place where it occurs, substitute “appropriate authorities”.
- (7) In Article 5—
- (a) in paragraph 1, in the first subparagraph—
- (i) omit “Community”;
- (ii) for “that Article” substitute “Article 34(1)”;
- (b) omit paragraph 4.
- (8) In Article 6(1)(a), for “Community veterinary legislation” substitute “veterinary legislation forming part of retained EU law”.
- (9) In Article 8—
- (a) in point (c)—
- (i) omit “or Article 2(b) of Directive 96/23/EC”;
- (ii) at the end insert “reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;
- (b) in point (d), after “thereof, by” insert “other”;
- (c) in point (f), for “internationally” substitute “outside the British Islands”.
- (10) In Article 9—
- (a) in point (c), for “as referred to in Article 15(3) of Directive 96/23/EC” substitute “set by retained EU law or, in the absence thereof, by other national legislation”;
- (b) in point (e)—
- (i) in point (i)—
- (aa) for “Community veterinary legislation” substitute “veterinary legislation forming part of retained EU law”;
- (bb) for “the Community”, substitute “Great Britain”;
- (cc) at the end of the sentence, omit “or”;
- (ii) omit point (ii).
- (11) Omit Article 15(2).
- (12) In Article 19—
- (a) in paragraph 2, for “the Member State concerned” substitute “Great Britain”;
- (b) in paragraph 3—
- (i) for “Member States” substitute “The appropriate authorities”;
- (ii) for “the Commission” substitute “each other, and the Department of Agriculture, Environment and Rural Affairs,”.
- (13) In Article 21—
- (a) in paragraph 2, for “the same Member State” substitute “Great Britain”;
- (b) in paragraph 3, for “Member State”, in both places where it occurs, substitute “constituent nation”;
- (c) for paragraph 4 substitute—
(4) Operators must collect, transport and dispose of Category 3 catering waste so as to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular: (a) without risk to water, air, soil, plants or animals; (b) without causing a nuisance through noise or odours; and (c) without adversely affecting the countryside or places of special interest.
- (14) In Article 24(1), in each of points (b) and (c), for “Directive 2000/76/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012”.
- (15) In Article 26(3), for “Community veterinary legislation” substitute “veterinary legislation forming part of retained EU law”.
- (16) In Article 32(1), in the third subparagraph, for “Member States may adopt or maintain national rules” substitute “Nothing in this Regulation prevents the appropriate authority from”.
- (17) In Article 33, in point (a), for “Article 1(1) of Directive 76/768/EEC” substitute “Article 2(1)(a) of Regulation 1223/2009/EC”.
- (18) In Article 34—
- (a) in the first subparagraph of paragraph 1, for “the Community legislation referred to in that Article.” substitute “the following:”;
- (b) after the first subparagraph of paragraph 1 insert—
(a) Regulation 1223/2009/EC in the case of cosmetic products; (b) the Medical Devices Regulations 2002[^f00022] in the case of active implantable medical devices, medical devices and in vitro diagnostic medical devices; (c) the Veterinary Medicines Regulations 2013[^f00023] in the case of veterinary medicinal products; (d) the Human Medicines Regulations 2012[^f00024] in the case of medicinal products.
- (c) in paragraph 2—
- (i) omit “Community”;
- (ii) for “Article 33” substitute “paragraph 1(a) to (d)”.
- (19) In Article 37(1), in point (c), for “the Community” substitute “Great Britain”.
- (20) In Article 41—
- (a) in paragraph 1, in the first subparagraph—
- (i) in the words before point (a), for “the Community” substitute “Great Britain”;
- (ii) in point (a), for “the Community” substitute “Great Britain”.
- (iii) in point (b), at the end omit “or”;
- (iv) in point (c), for “Articles.” insert “Articles; or”;
- (v) after point (c), insert—
(d) the special transitional import arrangements set out in Schedule 5 to the England Trade Regulations or equivalent provisions in the Wales Trade Regulations or the Scotland Trade Regulations, and Annex 6 to the Official Controls Regulation.
- (b) in paragraph 2(c), after “take place” insert “pursuant to point (d) of paragraph 1 or”;
- (c) in paragraph 4, in the last subparagraph, for “Commission and the Member States” substitute “appropriate authority”.
- (21) In Article 43(4), for “the Community” substitute “Great Britain”.
- (22) In Article 47(1)—
- (a) in the first subparagraph—
- (i) for “Each Member State” substitute “The appropriate authority”;
- (ii) for “territory” substitute “constituent nation”;
- (b) in the third subparagraph, for “Member States” substitute “The appropriate authority”;
- (c) omit the fourth subparagraph.
- (d) in the fifth subparagraph—
- (i) for “Member States”, in the first place where it occurs, substitute “The appropriate authority”;
- (ii) after “operators” insert “in their constituent nation”;
- (iii) for “other Member States” substitute “the other appropriate authorities, the Department of Agriculture, Environment and Rural Affairs”;
- (23) Omit Articles 48, 51, 51a and 53.
- (24) In Article 56, omit the third paragraph.
- (25) After Article 56, omit the words from “This Regulation” to “Member States.”.
Commission Regulation (EU) No 142/2011
13
- (1) Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive is amended as follows.
- (2) In the Regulation—
- (a) for “Union legislation”, in each place where it occurs, substitute “retained EU law”;
- (b) for “border inspection post”, in each place where it occurs, substitute “border control post”.
- (3) In Article 1(b), for “16(1)(e) and (f) of Directive 97/78/EC” substitute “48(a) and (b) of the Official Controls Regulation”;.
- (4) In Article 3, in the words before point (a), after “imported” insert “from a third country”.
- (5) In Article 4—
- (a) for “Article 1.2.3 of the Terrestrial Animal Health Code, 2010” substitute “Chapter 1.3 of the Terrestrial Animal Health Code, 2019[^f00025]”;
- (b) for “Aquatic Animal Health Code, 2010” substitute “Aquatic Animal Health Code, 2019[^f00026]”.
- (6) Omit Article 5(1).
- (7) In Article 6—
- (a) in paragraph 1, in each of points (a) and (b), for “Directive 2000/76/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012”;
- (b) in paragraph 8(a), for “authorities of the Member State”, in each place where it occurs, substitute “authority”.
- (8) Omit Articles 11(3) and 12(3).
- (9) In Article 13, omit paragraphs 1(b) and 2(b).
- (10) In Article 15, in the second subparagraph, for “Member States may authorise” substitute “nothing in this Regulation prevents the appropriate authority from authorising”.
- (11) In Article 16—
- (a) in paragraph 1, omit “Member States or”;
- (b) in paragraph 2, for “Member States” substitute “The appropriate authority”;
- (c) in paragraph 3, for “Commission” substitute “appropriate authority”.
- (12) In Article 19(b)(viii), for “Union veterinary legislation” substitute “veterinary legislation forming part of retained EU law”.
- (13) In Article 20a—
- (a) in the heading, omit “in Member States”;
- (b) in the words before point (a), omit “of a Member State”;
- (c) in point (a), for “Commission website” substitute “website of the relevant appropriate authority”;
- (d) in point (b), for “TRACES”, in both places where it occurs, substitute “the appropriate computerised information management system”.
- (14) In Article 21—
- (a) in each of paragraphs 1 and 2, after “import” insert “from a third country”;
- (b) omit paragraph 3.
- (15) In Article 22—
- (a) in paragraph 1, after “import” insert “from a third country”;
- (b) in paragraph 2—
- (i) in point (a), for “Union” substitute “British Islands”;
- (ii) in point (b), after “imported” insert “from a third country”;
- (c) in paragraph 3, for “Member State” substitute “constituent nation”;
- (d) omit paragraph 4;
- (e) in paragraph 5, for “authorities of the Member States” substitute “authority”.
- (16) In Article 23(1)—
- (a) after “imported” insert “from a third country”;
- (b) for “the Union” substitute “Great Britain”.
- (17) In Article 24—
- (a) in paragraph 2, after “imported” insert “from a third country”;
- (b) in each of paragraphs 3 and 4, after “import” insert “from a third country”.
- (18) In Chapter 8, after the heading insert—
The requirements of this Chapter and Annexes 8 and 12 to 16 are subject to the special transitional import arrangements set out in Schedule 5 to the England Trade Regulations or equivalent provisions in the Wales Trade Regulations or the Scotland Trade Regulations and Annex 6 to the Official Controls Regulation.
- (19) Article 25 is amended in accordance with paragraphs (20) to (24).
- (20) In the heading, after “import” insert “from a third country”.
- (21) In paragraph 1—
- (a) after “importation” insert “from a third country”;
- (b) for “the Union” substitute “Great Britain”.
- (22) In paragraph 2—
- (a) in the words before point (a)—
- (i) after “importation” insert “from a third country”;
- (ii) for “the Union” substitute “Great Britain”;
- (b) in point (e)—
- (i) in point (i)—
- (aa) for “the Union kept in a third country” substitute “Great Britain and kept in the British Islands or a third country”;
- (bb) in the first indent, for “the Union” substitute “Great Britain”;
- (ii) in point (iii)—
- (aa) for “Union” substitute “Great Britain”;
- (bb) for “Annex I to Decision 2009/821/EC” substitute “accordance with Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points”;
- (cc) for “Article 4(3) of Directive 97/78/EC” substitute “Article 49(1) of the Official Controls Regulation”.
- (23) In paragraph 3—
- (a) in the words before point (a)—
- (i) after “importation” insert “from a third country”;
- (ii) for “the Union” substitute “Great Britain”;
- (b) in point (c), for “the Union” substitute “Great Britain”.
- (24) In paragraph 4, for “the Union” substitute “Great Britain”.
- (25) In Article 26—
- (a) in the words before point (a), for “or in Article 2(b) of Directive 96/23/EC” substitute “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;
- (b) in point (b)(iii), in the first indent, for “Article 1(1) of Directive 76/768/EEC” substitute “Article 2(1)(a) of Regulation (EC) No 1223/2009”;
- (c) in point (e)—
- (i) for “a Member State” substitute “Great Britain”;
- (ii) for “that Member State” substitute “Great Britain”.
- (26) In Article 27—
- (a) in the heading, after “importation” insert “from a third country”;
- (b) in paragraph 1—
- (i) in the first subparagraph, after “importation” insert “from a third country”;
- (ii) in point (a), for “Member State” substitute “constituent nation”;
- (iii) in point (b), for “the Union” substitute “Great Britain”;
- (c) in paragraph 3, after “samples”, in the second place where it occurs, insert “from a third country”.
- (27) In Article 28—
- (a) in the heading and paragraphs 1 and 3, after “importation” insert “from a third country”;
- (b) in paragraph 2, after “samples”, in the first place where it occurs, insert “from a third country”;
- (c) in paragraph 4, after “items”, in the first place where it occurs, insert “from a third country”.
- (28) Omit Articles 29 and 29a.
- (29) In Article 30—
- (a) in the first subparagraph—
- (i) for “the TRACES system” substitute “the appropriate computerised information management system”;
- (ii) for “Commission” substitute “appropriate authority”;
- (b) omit the third subparagraph.
- (30) In Article 31—
- (a) in the heading, after “importation” insert “from a third country”;
- (b) in the first subparagraph—
- (i) after “importation” insert “from a third country”;
- (ii) for “the Union”, in both places where it occurs, substitute “Great Britain”;
- (iii) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (c) in the second subparagraph, for “the Union” substitute “Great Britain”.
- (31) In Article 32—
- (a) in paragraph 1, in the second subparagraph, for “3 of Regulation (EC) No 882/2004” substitute “9 of the Official Controls Regulation”;
- (b) in paragraph 5—
- (i) after “competent authority” insert “of each constituent nation”;
- (ii) after “operators” insert “in its constituent nation”;
- (c) omit paragraphs 6 and 7.
- (32) In Article 34(c), for “the Union” substitute “Great Britain”.
- (33) Omit Article 36.
- (34) After Article 37, omit the words from “This Regulation” to “Member States.”.
- (35) In Annex 1—
- (a) in paragraph 19(b), for “or Article 2(b) of Directive 96/23/EC” substitute “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;
- (b) in paragraph 42, for the words from “an incineration plant” to “Directive 2000/76/EC” substitute “a waste incineration plant, as defined in Articles 3(40) and 42(1) of Directive 2010/75/EC[^f00027]”;
- (c) in paragraph 43, for “point 13 of Article 3 of Directive 2000/76/EC” substitute “Article 43 of Directive 2010/75/EC”;
- (d) in paragraph 44, omit “as set out in point 1(c) of Chapter II of Annex VIII”;
- (e) omit paragraph 48;
- (f) in paragraph 55, for “as defined in point 5 of Article 3 of Directive 2000/76/EC” substitute “as defined in Article 3(41) and Article 42(1) of Directive 2010/75/EC”;
- (g) in paragraph 56, for “as defined in point 4 of Article 3 of Directive 2000/76/EC” substitute “as defined in Article 3(40) and Article 42(1) of Directive 2010/75/EC”;
- (h) after paragraph 60 insert—
(61) ‘the 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, the Scottish Ministers. But the appropriate authority is the Secretary of State if consent is given by: (a) in relation to Wales, the Welsh Ministers; (b) in relation to Scotland, the Scottish Ministers; (62) ‘constituent nation’ means England, Wales or Scotland; (63) ‘the Official Controls Regulation’ means Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products..
- (36) In Annex 2, omit Chapter 1.
- (37) In Annex 3—
- (a) in Chapter 2, in Section 1, in the first paragraph, for “Directive 2000/76/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012”;
- (b) in Chapter 3—
- (i) in the first paragraph, for “Directive 2000/76/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012”;
- (ii) in point (a)(iii)—
- (aa) for “Article 4(5) or 5 of Directive 2009/156/EC” substitute “Article 4(5)(a) and (b) of Directive 2009/156/EC or located in a part of a territory which is not considered to be free of African horse sickness in accordance with Article 5(2) of Directive 2009/156/EC, reading that Article as if for the reference to “Member State” there were substituted a reference to “country”;
- (bb) for “Member State” substitute “appropriate authority”;
- (c) in Chapter 5—
- (i) in point A(2)(c), after “853/2004,” insert “(EC) No”;
- (ii) in point D(5), omit “Member State”.
- (38) In Annex 4—
- (a) in Chapter 1, in Section 1, in paragraph 1(a), omit the final subparagraph;
- (b) in Chapter 3, in point G—
- (i) in paragraph 1(a), for “Member State” substitute “United Kingdom”;
- (ii) omit paragraph 3;
- (iii) in paragraph 4, for “points 1 and 3” substitute “point 1”;
- (iv) in paragraph 5—
- (aa) after “competent authority”, in the first place where it occurs, insert “of a constituent nation”;
- (bb) for “Member State” substitute “constituent nation”;
- (c) in Chapter 4—
- (i) in Section 1, in paragraph 2, for “Member State”, in each place where it occurs, substitute “constituent nation”;
- (ii) in Section 3, in paragraph 2(b)(iii)—
- (aa) in the second indent, for “Member State” substitute “constituent nation”;
- (bb) in the third indent, for “Council Directive 91/271/EEC” substitute “the Urban Waste Water Treatment (England and Wales) Regulations 1994[^f00028] or the Urban Waste Water Treatment (Scotland) Regulations 1994[^f00029]”.
- (39) In Annex 5, in Chapter 3, in Section 2—
- (a) in paragraph 1, in the final subparagraph, for “Commission” substitute “appropriate authority”;
- (b) in paragraph 4—
- (i) in point (a), for “point 1” substitute “points 1, 2 and 3”;
- (ii) omit point (b).
- (41) In Chapter 1, in Section 2—
- (a) in paragraph 2—
- (i) omit point (a);
- (ii) in point (b)—
- (aa) at the start, insert “redispatched to the third country of origin or”;
- (bb) omit “Member State or”, in each place where it occurs;
- (b) in paragraph 3, for “Member State” substitute “third country”.
- (42) In Chapter 2—
- (a) in Section 1, in paragraph 3, for “Member States” substitute “The appropriate authority”;
- (b) in Section 2—
- (i) in paragraph 1(a)—
- (aa) omit point (i);
- (bb) in each of points (ii) and (iii), for “that Directive” substitute “the Conservation of Habitats and Species Regulations 2017[^f00030], the Conservation of Offshore Marine Habitats and Species Regulations 2017[^f00031] or the Conservation (Natural Habitats, &c.) Regulations 1994[^f00032]”;
- (ii) omit paragraph 2.
- (43) In Chapter 3, in Section 2, in each of points (a) to (c), for “the Member State concerned”, substitute “Great Britain”.
- (44) In Chapter 4, in the words before point (a), for “Member States may authorise” substitute “nothing in this Regulation prevents the appropriate authority from authorising”.
- (45) In Annex 7—
- (a) in Chapter 1—
- (i) in paragraph 1, for the words from “one of the official languages” to the end substitute “English and may also be submitted in other languages”;
- (ii) omit paragraph 2 and the paragraph that follows it;
- (b) in Chapter 2, in paragraph 1, for “EFSA” substitute “the appropriate authority”.
- (47) In Chapter 1, in Section 4, for “the same Member State” substitute “Great Britain”.
- (48) In Chapter 2—
- (a) omit paragraph 1(c);
- (b) in paragraph 2(c)(ii), in the first indent, for “Member State” substitute “constituent nation”;
- (c) in paragraph 3—
- (i) for “Member States may establish systems or lay down rules” substitute “Nothing in this Regulation prevents the appropriate authority from establishing systems or laying down rules”;
- (ii) for the words from “on their territory” to the end substitute “in their constituent nation”;
- (d) in paragraph 4—
- (i) for “Member States may establish systems or lay down rules” substitute “Nothing in this Regulation prevents the appropriate authority from establishing systems or laying down rules”;
- (ii) for “on their territory” substitute “in their constituent nation”;
- (e) in paragraph 5—
- (i) for “Member States may use” substitute “nothing in this Regulation prevents the appropriate authority from using”;
- (ii) for “on their territory if the Member State” substitute “in their constituent nation if the constituent nation”;
- (f) in paragraph 6(b), for “the same Member State” substitute “Great Britain”.
- (49) In Chapter 3—
- (a) in paragraph 1(a), for “the same Member State” substitute “Great Britain”;
- (b) in paragraph 2, in the second subparagraph—
- (i) for “Member States” substitute “The appropriate authority”;
- (ii) for “TRACES system” substitute “appropriate computerised information management system”;
- (c) in paragraph 4—
- (i) in the first subparagraph, for “the Union” substitute “Great Britain”;
- (ii) in the second subparagraph, for “on its territory” substitute “in its constituent nation”;
- (d) in paragraph 6—
- (i) in point (b), for the words from “one of the official languages” to the end of the second subparagraph, substitute “English, and may also be drawn up in other languages”;
- (ii) in point (f)(viii)—
- (aa) for “Member State” substitute “constituent nation”;
- (bb) omit “referred to in Commission Decision 2009/821/EC”;
- (iii) omit point (i).
- (50) In Chapter 4, omit Section 3.
- (51) Omit Chapters 6 and 7.
- (52) In Annex 9—
- (a) in Chapter 2, in the words before Section 1, in point (h), for “Union veterinary legislation” substitute “veterinary legislation forming part of retained EU law”;
- (b) in Chapter 5, in Section 1—
- (i) in paragraph 1—
- (aa) for “the Member State” substitute “Great Britain”;
- (bb) after “authorised by the” insert “relevant”.
- (ii) in paragraph 2, for “Member State”, in each place where it occurs, substitute “constituent nation”.
- (54) In point A—
- (a) in paragraph 1—
- (i) for the heading substitute “Application”;
- (ii) in the first subparagraph, for “France, Ireland, Latvia, Portugal and the United Kingdom” substitute “Great Britain”;
- (iii) in the second subparagraph—
- (aa) for “competent authority of the Member State concerned” substitute “relevant competent authority”;
- (bb) for “the territory of that Member State” substitute “Great Britain”;
- (b) in paragraph 3.2.3, for “Directive 2008/98/EC” substitute “the Control of Pollution (Amendment) Act 1989[^f00033]”.
- (55) In point B(1)—
- (a) for the heading substitute “Application”;
- (b) in the first subparagraph, for “Ireland, Spain, Latvia, Portugal and the United Kingdom” substitute “Great Britain;
- (c) in the second subparagraph, for “the same Member State referred to above” substitute “Great Britain”.
- (56) In Annex 10, Chapter 2 is amended in accordance with paragraph (57) and (58).
- (57) In Section 4—
- (a) in Part 1, in point B—
- (i) in each of paragraphs 1.2(b), 1.4(b), 3(b) and 6.2, for “Member State” substitute “country”;
- (ii) in paragraph 6.1, after “Directive 64/432/EEC” insert—
taken with the Annexes to which they refer, reading the relevant provisions as if: (a) in Annexes A.1 and A.2, for references to “a Member State” or “Member States” there were substituted references to “a constituent nation” or “constituent nations”; and (b) in Annex D, in Chapter 1— (i) in the title, for the reference to “, Member States” there were substituted a reference to “countries”; (ii) in Section A(iii), for the reference to “Member State” there were substituted a reference to “country”; (iii) in Section B(iv), for the reference to “Directive 72/462/EEC” there were substituted a reference to “Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products and the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012”;
- (b) in Part 2—
- (i) in paragraph 3(a), for the words from “the Member State concerned” to “effect” substitute “Great Britain”;
- (ii) in paragraph 3(b)—
- (aa) in the words before point (i), for “the Member State concerned” substitute “Great Britain”;
- (bb) in each of points (i) and (ii), for “Member State concerned” substitute “appropriate authority”;
- (cc) in point (ii), for “same Member State”, in each where place it occurs, substitute “United Kingdom”;
- (iii) in paragraph 4—
- (aa) after “one farmer” insert “in Great Britain”
- (bb) for “same Member State” substitute “United Kingdom”;
- (c) in Part 3, in the second paragraph, for “Member States which” substitute “constituent nations whose appropriate authorities”;
- (58) In Section 10, in the first paragraph, for “Member States” substitute “the British Islands”.
- (59) In Annex 11, in Chapter 1—
- (a) in Section 1, omit paragraphs 1 to 5;
- (b) in Section 2—
- (i) in the words before point (a), omit the words from “In addition” to the end;
- (ii) in point (c), in the final subparagraph, for “Commission” substitute “appropriate authority”.
- (61) In paragraph 2, for “Member State” substitute “constituent nation”.
- (62) In paragraph 3, in the final subparagraph—
- (a) for “Commission” substitute “appropriate authority,”;
- (b) for “Member States” substitute “appropriate authorities”.
- (63) In paragraph 4(b), for “Member State” substitute “constituent nation”.
- (64) In Annex 12—
- (a) in the words before paragraph 1—
- (i) after “importation” insert “from a third country”;
- (ii) for “the Union” substitute “Great Britain”;
- (b) in paragraph 1—
- (i) in the words before point (a), after “import” insert “from a third country”;
- (ii) in point (b)(i), for “or Article 2(b) of Directive 96/23/EC” insert “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;
- (iii) in point (f), for the words from “one of the official languages” to “Member States” substitute “English; the appropriate authority”;
- (c) in paragraph 2(b)(iii)—
- (i) after “registered” insert “in its constituent nation”;
- (ii) for the words from “Member State where the inspection” to the end substitute “appropriate authority”;
- (d) in paragraph 3, in the words before point (a)—
- (i) for “the Union” substitute “Great Britain from a third country”;
- (ii) for “Article 4 of Directive 97/78/EC” substitute “Article 49 of the Official Controls Regulation”;
- (e) in paragraph 4—
- (i) for “the Union” substitute “Great Britain from a third country outside the European Union”;
- (ii) for “Article 11 of Directive 97/78/EC” substitute “Article 51(1)(d) of the Official Controls Regulation”;
- (f) in paragraph 5, for “TRACES system” substitute “appropriate computerised information management system”;
- (g) in paragraph 7—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Member State” substitute “constituent nation”;
- (65) Annex 13 is amended in accordance with paragraphs (66) to (70).
- (66) In Chapter 2—
- (a) in paragraph 2(b), for “or Article 2(b) of Directive 96/23/EC” substitute “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;
- (b) in paragraph 7—
- (i) in each of points (a)(i) and (b)(i), for “Union” substitute “British Islands”;
- (ii) in each of points (a)(ii) and (b)(ii), for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (67) In Chapter 4—
- (a) in paragraph 1(a)—
- (i) in point (i), for “point 4 of Article 1.2.3 of the Terrestrial Animal Health Code of the OIE, 2010” substitute “Chapter 1.3 of the Terrestrial Animal Health Code of the OIE, 2019”;
- (ii) in point (ii), after “Article 5 of that Directive” insert “, or in relation to holdings in the British Islands, not located in a constituent nation or territory which is not considered to be free of African horse sickness in accordance with paragraph 1A”;
- (iii) in point (iii)—
- (aa) omit “Member State or”
- (bb) after “Article 5(2) of that Directive” insert “, reading the words before point (a) as if for the reference to a “Member State” there were substituted a reference to a “third country”, or a constituent nation or territory of the British Islands which is not considered to be free of African horse sickness, in accordance with paragraph 1A”;
- (b) after paragraph 1, insert—
(1A) A constituent nation or territory of the British Islands is not considered to be free of African horse sickness if: (a) clinical, serological (in unvaccinated animals) or epidemiological evidence has revealed the presence of African horse sickness in the past two years, or (b) vaccination against African horse sickness has been carried out in the past 12 months.
- (68) In Chapter 5, in point B(1), for “Directive 2002/99/EC” substitute “the Products of Animal Origin (Disease Control) (England) Regulations 2008[^f00034], the Products of Animal Origin (Disease Control) (Wales) Regulations 2008[^f00035] or the Products of Animal Origin (Disease Control) (Scotland) Order 2008[^f00036] and the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012”;
- (69) In Chapter 7, in point B, in the second paragraph—
- (i) for “Member States” substitute “The appropriate authority”;
- (ii) for “on their territory” substitute “in their constituent nation”;
- (70) In Chapter 9—
- (i) in paragraph 1—
- (aa) in point (a), for “Member State” substitute “constituent nation”;
- (bb) in point (b), for the words from “obtained” to the end substitute “been assessed by the appropriate authority on a basis equivalent to the assessment in point (a)”;
- (ii) in paragraph 2, after “provided for in” insert “the first two subparagraphs of”.
- (72) In the heading—
- (a) after “importation” insert “from a third country”;
- (b) for “the Union” substitute “Great Britain”.
- (73) In Section 1—
- (a) in the words before point (a)—
- (i) omit “imported”;
- (ii) after “therefrom” insert “imported from a third country”;
- (b) in each of points (e)(i) and (ii), for “the Union” substitute “Great Britain”;
- (c) in Table 1, in the column entitled “Third countries’ lists”—
- (i) for “Decision 2006/766/EC”, in each place where it occurs, substitute “Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption”;
- (ii) in entry 9—
- (aa) for “Member States authorise imports” substitute “imports into Great Britain”;
- (bb) after “products” insert “are authorised”.
- (74) In Section 2—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “importation” insert “from a third country”;
- (c) in paragraph 1, for “the Union” substitute “Great Britain”;
- (d) in paragraph 4—
- (i) in the words before point (a), for “the Union” substitute “Great Britain”;
- (ii) in point (a), for “Article 17(2)(a) of Directive 97/78/EC” substitute “Article 66(3)(b), 69 and 72 of the Official Controls Regulation”;
- (e) in paragraph 5, for “the Union” substitute “Great Britain”.
- (75) In Section 3—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the first paragraph, after “importation” insert “from a third country”.
- (76) In Section 4—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in point A—
- (i) in the words before paragraph 1, after “importation” insert “from a third country”;
- (ii) in paragraph 2(b), for “the Union” substitute “Great Britain”;
- (c) in point B—
- (i) in the words before paragraph 1, after “importation” insert “from a third country”;
- (ii) in paragraph 1(b), for “the Union” substitute “Great Britain”;
- (iii) in paragraph 2—
- (aa) in point (a), after “Directive 64/432/EEC” insert “taken with the Annexes to which they refer, reading the relevant provisions as if for references to a “Member State” or “Member States” there were substituted references to a “third country” or “third countries” (as the case may be)”;
- (bb) in point (b), after “Directive 64/432/EEC” insert—
taken with the Annex to which it refers, reading the relevant provisions as if: (i) for references to a “Member State” or “Member States” there were substituted references to a “third country” or “third countries” (as the case may be); and (ii) in Annex D, in Chapter 1, in Section B(iv), for the reference to “Directive 72/462/EEC” there were substituted a reference to “Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products and the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012”;
- (77) In Section 5—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the first paragraph, after “importation” insert “from a third country”.
- (79) In the heading—
- (a) after “importation” insert “from a third country”;
- (b) for “the Union” substitute “Great Britain”.
- (80) In Section 1—
- (a) in the words before point (a)—
- (i) omit “imported”;
- (ii) after “farmed animals” insert “imported from a third country”;
- (b) in each of points (e)(i) and (ii), for “the Union” substitute “Great Britain”;
- (c) in Table 2, in the column entitled “Third countries’ lists”—
- (i) for “Member States authorise imports”, in each place where it occurs other than row 6, substitute “imports into Great Britain”;
- (ii) after “same species”, in each place where it occurs, insert “are authorised”;
- (iii) for “Decision 2004/211/EC”, in both places where it occurs, substitute “Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae”;
- (iv) for “Decision 2006/766/EC”, in each place where it occurs, substitute “Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption”;
- (v) in row 3—
- (aa) after “equidae”, in both places where it occurs, insert “is authorised”;
- (bb) omit “is allowed”;
- (vi) in row 5, for “the European Union” substitute “Great Britain”;
- (vii) in row 6—
- (aa) for “the Member States authorise imports” substitute “imports into Great Britain”;
- (bb) after “poultrymeat” insert “are authorised”;
- (viii) in row 8, for “the Union” substitute “Great Britain”;
- (ix) in row 13, after “fresh poultry meat” insert “are authorised”;
- (x) in row 14, after “poultrymeat” insert “are authorised”.
- (81) In Section 2—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “import” insert “from a third country”;
- (c) in each of paragraphs 3.1(b)(ii), 3.2(b) and 3.3(b)—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;
- (d) in paragraph 4(b)(i), for “2010” substitute “2019”.
- (82) In Section 3—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “import” insert “from a third country”.
- (83) In Section 4—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “import” insert “from a third country”.
- (84) In Section 5—
- (a) in the heading, after “imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “import” insert “from a third country”.
- (85) In Section 6—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before point (a), after “imported” insert “from a third country”.
- (86) In Section 7—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in paragraph 1—
- (i) in the words before point (a), after “imported” insert “from a third country”;
- (ii) in point (a), for “the Union” substitute “Great Britain”;
- (iii) in point (b), for “the Union”, in both places where it occurs, substitute “Great Britain”;
- (iv) in point (c), for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (c) in paragraph 3, for “the Union” substitute “Great Britain”;
- (d) in paragraph 4—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”.
- (87) In Section 8—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “imported” insert “from a third country”;
- (c) in paragraph 4—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;
- (d) in paragraph 5.1, in each of points (a) and (b), for “the Union” substitute “Great Britain”.
- (88) In Section 9—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before point (a), after “imported” insert “from a third country”;
- (c) in point (d), for “the Union” substitute “Great Britain”;
- (d) in point (e)—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;
- (89) In Section 10—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in paragraph 1, after “imported” insert “from a third country”;
- (c) in paragraph 2, for “the Union” substitute “Great Britain”;
- (d) in paragraph 3—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;
- (90) In Section 11—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in paragraph 1—
- (i) in the words before point (a), after “imported” insert “from a third country”;
- (ii) in point (a), for “one of the plants of origin indicated in Table 3” substitute—
one of the following plants of origin: (i) Nitta Gelatin Inc., 2-22 Futamata Yao-City, Osaka 581-0024 Japan; (ii) Eastman Gelatine Corporation, 227 Washington Street, Peabody, MA, 01960 USA; (iii) Gelita North America, 2445 Port Neal Industrial Road Sergeant Bluff, Iowa, 51054 USA; (iv) any photogelatine plant in a member State that has been approved by the competent authority of that member State in accordance with Regulation (EC) 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002[^f00037], as it has effect in European Union law, as amended from time to time, and has been included on a list in that member State in accordance with Article 47(1) of that Regulation;
- (iii) in point (c), for the words from “one” to the end substitute “a border control post at Liverpool, Felixstowe or Heathrow”;
- (iv) in point (d) for “in an approved photographic factory indicated in Table 3” substitute “in the approved photographic factory at Kodak Ltd., Headstone Drive, Harrow, Middlesex HA4 4TY”;
- (v) omit Table 3;
- (c) in paragraph 2—
- (i) for “the Member State of destination” substitute “Great Britain”;
- (ii) omit “shall not be traded between Member States but”;
- (iii) for “the same Member State of destination” substitute “Great Britain”;
- (d) in paragraph 3—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;
- (e) in paragraph 6(a), for “European Union” substitute “United Kingdom”.
- (91) In Section 12—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “imported” insert “from a third country”;
- (c) in paragraph 2—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”.
- (93) In Section 1, in point (c)(ii)—
- (a) for “Member States authorise imports” substitute “imports into Great Britain”;
- (b) after “animals” insert “are authorised”.
- (94) In Section 2, in paragraph 1—
- (a) in the words before point (a), after “import” insert “from a third country outside the European Union”;
- (b) in point (c)—
- (i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”.
- (95) In Section 3—
- (a) in paragraph 1—
- (i) in the words before point (a), after “Import” insert “from a third country”;
- (ii) in point (b), for “Member State” substitute “constituent nation”;
- (iii) in point (c), for “Directive 97/78/EC” substitute “the Official Controls Regulation”;
- (b) in paragraph 3(b), for “Member State or third country”, in both places where it occurs, substitute “country or territory”.
- (97) In Section 1—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in the words before paragraph 1, after “imported” insert “from a third country”.
- (98) In Section 2—
- (a) in the heading, after “Imports” insert “from a third country”;
- (b) in paragraph 1, after “import” insert “from a third country”.
- (99) In Annex 14, in Chapter 5, in the table, in entry 2, for “the EU”, in both places where it occurs, substitute “Great Britain”.
- (101) In the heading, for “the Union” substitute “Great Britain”.
- (102) In Section 1—
- (a) in the heading, for “the Union” substitute “Great Britain”;
- (b) in paragraph 1—
- (i) in the words before point (a)—
- (aa) omit “at the border control post”;
- (bb) for “the Union”, in each place where it occurs, substitute “Great Britain”;
- (ii) in point (a)—
- (aa) for “IMSOC” substitute “the appropriate computerised information management system”;
- (bb) for “Member State” substitute “constituent nation”;
- (iii) in point (b), for “Member State” substitute “constituent nation”;
- (iv) in point (c)(i), for “the Union”, in both places where it occurs, substitute “Great Britain”.
- (103) In Section 2—
- (a) in the heading, for “the Union” substitute “Great Britain”;
- (b) in paragraph 1—
- (i) omit “at the border control post”;
- (ii) for “the Union”, in each place where it occurs, substitute “Great Britain”.
- (104) In Section 3—
- (a) in the heading, for “the Union” substitute “Great Britain”;
- (b) in paragraph 1—
- (i) omit “at the border control post”;
- (ii) for “the Union”, in both places where it occurs, substitute “Great Britain”.
- (105) In Annex 15—
- (a) in the first paragraph, for “the European Union” substitute “Great Britain”;
- (b) in the Notes—
- (i) in point (d)—
- (aa) for the words from “one of the official languages” to “destination” substitute “English”;
- (bb) for “these Member States” substitute “the appropriate authority”;
- (ii) in point (g), for “Directive 96/93/EC” substitute “the Official Controls Regulation”;
- (iii) in point (i), omit “EU”;
- (iv) in point (j), for “the European Union” substitute “Great Britain”.
- (107) In Chapter 2—
- (a) in paragraph 1—
- (i) for “Member States” substitute “each other”;
- (ii) omit “other Member States and to”;
- (iii) for “the Commission” substitute “each appropriate authority”;
- (iv) for “Member State” substitute “other”;
- (b) in paragraph 2—
- (i) in point (a)—
- (aa) for “Member State” substitute “appropriate authority”;
- (bb) for “the Commission” substitute “each other”;
- (cc) omit “national”;
- (dd) for “on its territory” substitute “in their respective constituent nation”;
- (ii) in point (b), for “one or more official languages of the Union” substitute “at least English”;
- (c) in paragraph 3, for “Commission” substitute “appropriate authority”.
- (108) In Chapter 3—
- (a) omit Section 4;
- (b) in Section 8—
- (i) for the words from “approved photographic factories”, in the first place where it occurs, to “Annex XIV” substitute “the approved photographic factory at Kodak Ltd., Headstone Drive, Harrow, Middlesex HA4 4TY”;
- (ii) for “factories”, in the second place where it occurs, substitute “factory”;
- (c) omit Section 10.
CHAPTER 4 — Animal Health
Commission Implementing Decision 2014/709/EU
14
- (1) Commission Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States is amended as follows.
- (2) For Article 1, substitute—
This Decision lays down animal health control measures in relation to African swine fever in Great Britain as regards movements of feral pigs and information obligations. For the purposes of this Decision “appropriate authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers; (c) in relation to Wales, the Welsh Ministers.
- (3) Omit Articles 2 to 14.
- (4) In Article 15—
- (a) omit paragraphs 1 and 2;
- (b) for paragraph 3 substitute—
(3) The appropriate authority must prohibit the export of live feral pigs..
- (5) In Article 15a—
- (a) in the heading, omit “of the Member States”;
- (b) omit paragraph 1;
- (c) in paragraph 2—
- (i) for “All Member States” substitute “The appropriate authority”;
- (ii) in the second subgraph, omit “the areas listed in the Annex to this Decision or from third”;
- (d) omit paragraph 3.
- (6) Omit Articles 16 to 18
- (7) For Article 19 substitute—
The appropriate authority must amend the measures that it applies to trade so as to bring them into compliance with this Decision and it must give immediate appropriate publicity to the measures adopted.
- (8) Omit Articles 20 and 22 and the Annex.
CHAPTER 5 — Non-commercial movement of pet animals
Commission Regulation (EU) No 576/2013
15
- (1) Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals[^f00038] is amended as follows.
- (2) In Article 2—
- (a) in paragraph 1, for the words from “a Member State” to “territory or” substitute “Great Britain from”;
- (b) in paragraph 2(b), for “Member States” substitute “the appropriate authority”.
- (3) In Article 3—
- (a) in point (f), for “set out in implementing acts to be adopted pursuant to this Regulation” substitute “published by the appropriate authority in accordance with this Regulation or, where the context requires, adopted pursuant to the EU Implementing Regulation”;
- (b) in point (g), for “acts adopted” substitute “regulations made”;
- (c) in point (k), for “Member States” substitute “the appropriate authority”;
- (d) after point (k) insert—
(l) ‘the Commission Implementing Regulation’ means Commission Implementing Regulation (EU) No 577/2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council[^f00039]; (m) ‘constituent territory’ means England, Wales or Scotland, as the case may be, and, in relation to a competent authority, “the relevant constituent territory” means the constituent territory for which that competent authority is responsible; (n) ‘the Echinococcus multilocularis Regulation’ means Commission Delegated Regulation (EU) 2018/772 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs[^f00040]; (o) ‘the EU Implementing Regulation’ means Commission Implementing Regulation (EU) No 577/2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council[^f00041], as it has effect in European Union law, as amended from time to time; (p) ‘the EU Regulation’ means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals[^f00042] as it applies in European Union law, as amended from time to time; (q) ‘third country’ means a territory or country outside the British Islands; (r) ‘the Trade Regulations’ means the Trade in Animals and Related Products Regulations 2011[^f00043], the Trade in Animals and Related Products (Wales) Regulations 2011[^f00044] or the Trade in Animals and Related Products (Scotland) Regulations 2012[^f00045], as the case may be.
- (4) After Article 3 insert—
(1) In this Regulation, “the 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, the Scottish Ministers. (2) But “the appropriate authority” is the Secretary of State if consent is given— (a) in relation to Wales, by the Welsh Ministers; (b) in relation to Scotland, by the Scottish Ministers.
- (5) Omit Chapter 2.
- (6) In Chapter 3, in the heading, for the words from “A MEMBER STATE” to “OR” substitute “GREAT BRITAIN FROM”.
- (7) In Article 10—
- (a) in paragraph 1—
- (i) in the words before point (a), for the words from “a Member State” to “or” substitute “Great Britain from”;
- (ii) in point (d), for “adopted pursuant to” substitute “as set out in the Echinococcus multilocularis Regulation or in regulations made under”;
- (b) in paragraph 2—
- (i) for the words from “a Member State” to “or” substitute “Great Britain from”;
- (ii) for “pursuant to Article 13(1)” substitute “in Part 1 of Annex 2 to the Commission Implementing Regulation”;
- (c) in paragraph 3—
- (i) in the words before point (a), for “Member States” substitute “the appropriate authority”;
- (ii) in point (a), for “Member State” substitute “appropriate authority”.
- (8) In Article 14—
- (a) in paragraph 1—
- (i) for “Commission has adopted a delegated act” substitute “appropriate authority has made regulations”;
- (ii) for the words from “Member State” to “or” substitute “constituent territory to which the regulations apply from”;
- (b) in paragraph 2—
- (i) in the words before point (a), for the words from “Member State” to “or” substitute “constituent territory from”;
- (ii) in points (a), for “adopted” substitute “in regulations made”;
- (iii) in point (b), for “adopted” substitute “set out in regulations made”;
- (iv) in point (d), omit “a territory or”;
- (c) omit paragraph 3.
- (9) Omit Section 3 of Chapter 3.
- (10) In Article 17(1), in the second sub-paragraph, omit “Articles 22(1) and (2), and”.
- (11) Omit Article 18.
- (12) Omit Article 20.
- (13) In Chapter 5—
- (a) omit Section 1;
- (b) in the heading to Section 2, for “a Member State from a territory or third country” substitute “Great Britain”;
- (c) in Article 25—
- (i) in paragraph 1, in the words before point (a)—
- (aa) for “an animal” substitute “a pet”;
- (bb) for “to be adopted” substitute “published”;
- (d) in paragraph 3, for “the Union” substitute “Great Britain”;
- (e) In Article 26, omit “the territory or”, in both places where it occurs;
- (f) After Article 26 insert—
By way of derogation from Article 25(1), the non-commercial movement of pet animals of the species listed in part A of Annex 1 into Great Britain from a third country listed in Part 1 of Annex 2 to the Commission Implementing Regulation is permitted if those pet animals are accompanied by— (a) a passport issued in Great Britain prior to IP completion day in accordance with Article 22 of Regulation (EU) No 576/2013; (b) a passport issued in accordance with Article 22 the EU Regulation; (c) a passport issued in accordance with Article 3(2) of the EU Implementing Regulation; (d) an identification document issued in a constituent territory in accordance with Article 26 of the EU Regulation; (e) an animal health certificate issued in a third country before 1st July 2021 in accordance with Article 4 of the EU Implementing Regulation.
- (g) omit Article 27.
- (14) Omit Section 3 of Chapter 5.
- (15) In Section 4 of Chapter 5, in the heading, for the words from “a Member State” to “or” substitute “Great Britain from”.
- (16) In Article 31, in both places where it occurs, omit “territory or”.
- (17) In Chapter 6, in Section 1, in the heading, for “Member States” substitute “Great Britain”.
- (18) In Article 32—
- (a) in the heading, omit “6, 9,”;
- (b) in paragraph 1—
- (i) in the words before point (a)—
- (aa) omit “6, 9,”;
- (bb) for “Member States” substitute “the appropriate authority”;
- (cc) for “their territory” substitute “the relevant constituent territory”;
- (ii) in point (a), for “Member State of destination” substitute “appropriate authority”;
- (c) in paragraph 2—
- (i) for “Member State”, in the first place where it occurs, substitute “constituent territory”;
- (ii) for “Member State”, in the second and third places where it occurs, substitute “appropriate authority for the constituent territory”.
- (19) In Article 33—
- (a) in the heading, for the words from “a Member State” to the end substitute—
- (b) in paragraph 1—
- (i) for “Without prejudice to Article 16 and in” substitute “In”;
- (ii) for “Chapter II, Member States” substitute “Chapter III, the appropriate authority”;
- (iii) for the words from “their territory” to “territory or” substitute “the relevant constituent territory from”;
- (iv) after “listed” insert “in Part 1 of Annex 2 to the Commission Implementing Regulation or”;
- (v) omit “Article 13(1) and”;
- (c) in paragraph 2—
- (i) for the words from “a Member State” to “territory or” substitute “Great Britain from”;
- (ii) after “listed” insert “in Part 1 of Annex 2 to the Commission Implementing Regulation or”;
- (iii) omit “Article 13(1) and”.
- (20) In Article 34—
- (a) in the heading—
- (i) omit “a territory or”;
- (ii) for the words from “pursuant” to the end substitute—
- (b) in paragraph 1—
- (i) omit “of a Member State”;
- (ii) for “that Member State from a territory or” substitute “Great Britain from”;
- (iii) after “listed” insert “in Part 1 of Annex 2 to the Commission Implementing Regulation or”;
- (iv) omit “Article 13(1) and”;
- (c) in paragraph 2—
- (i) for “a Member State from a territory or” substitute “Great Britain from”;
- (ii) after “listed” insert “in Part 1 of Annex 2 to the Commission Implementing Regulation or”;
- (iii) omit “Article 13(1) and”;
- (d) in paragraph 3—
- (i) for “Member States” substitute “The competent authority”;
- (ii) after “entry” insert “into the relevant constituent territory”;
- (e) in paragraph 4—
- (i) for the words before point (a) substitute—
The competent authority designated to carry out the checks provided for in paragraph 1 must:
- (ii) in point (a)—
- (aa) for “is” substitute “be”;
- (bb) after “authority” insert “must”;
- (iii) in point (b), for “keeps” substitute “keep”;
- (iv) in point (c)—
- (aa) for “documents” substitute “document”;
- (bb) omit “into other Member States”;
- (cc) for “Article 24(1)” substitute “Article 26a”.
- (21) In Article 35—
- (a) in paragraph 1—
- (i) in the words before point (a), for “Chapters II or” substitute “Chapter”;
- (ii) in point (b), omit “II or”;
- (b) in paragraph 2, in the words before point (a), for “the Union” substitute “Great Britain”.
- (22) In Article 36—
- (a) in paragraph 1—
- (i) in the first subparagraph—
- (aa) for the words before point (a) substitute—
Where rabies or a disease or an infection other than rabies occurs or spreads in a territory or third country, and is liable to represent a serious threat to public or animal health, the appropriate authority may, by regulations, either:
- (bb) in point (a), for the words from “territory of” to the end substitute “third country concerned;”;
- (cc) in point (b), for the words from “Member State” to the end substitute “third country concerned”;
- (ii) omit the second subparagraph;
- (b) omit paragraph 2.
- (23) In Article 37—
- (a) in paragraph 1, for “Member States” substitute “The appropriate authority”;
- (b) in paragraph 2—
- (i) omit point (a);
- (ii) in point (b), for “Articles 7 and” substitute “Article”;
- (iii) in point (c)—
- (aa) in the words before point (i), for “the Member States’ territory” substitute “Great Britain”;
- (bb) in point (i), for “Articles 6, 9,” substitute “Article”;
- (cc) omit point (ii);
- (iv) in point (e)—
- (aa) for “the conditions” substitute “any conditions”;
- (bb) for “the Member States’ territory” substitute “Great Britain”;
- (cc) omit the words from “, laid down by” to the end;
- (v) in point (f), omit “of the Member States”;
- (c) in paragraph 3—
- (i) for “Member States” substitute “The appropriate authority”;
- (ii) for “Commission” substitute “other appropriate authorities”;
- (d) omit paragraph 4.
- (24) Omit Articles 40 to 42.
- (25) In Article 43—
- (a) in paragraph 1—
- (i) in the first subparagraph, omit the words from “, with the exception” to the end;
- (ii) omit the second subparagraph;
- (b) omit paragraph 3.
- (26) In Article 44—
- (a) omit paragraph 1;
- (b) in paragraph 2—
- (i) in the words before point (a)—
- (aa) omit “and Article 27(a)”;
- (bb) after “was” insert “issued before 29 December 2014 and”
- (ii) for point (b) substitute—
(b) drawn up in accordance with the model passport established by Decision 203/903/EC.
- (27) After Article 45, omit the words from “This Regulation” to “Member States.”.
- (28) In Annex 3—
- (a) in paragraph 1—
- (i) in point (b)—
- (aa) in the words before point (i), for “Member State” substitute “member State or Northern Ireland”;
- (bb) in point (i), after “Directive 2001/82/EC” insert “, as it has effect in European Union Law[^f00046], as amended from time to time”;
- (cc) in point (ii), after “Regulation (EC) No 726/2004” insert “, as it has effect in European Union law[^f00047], as amended from time to time”;
- (ii) in point (c), for “a territory or a third country” substitute “a third country which is not a member State”;
- (iii) after point (c), insert—
(d) where it is administered in Great Britain, have been granted a marketing authorisation in accordance with regulation 4 of the Veterinary Medicines Regulations 2013[^f00048].
- (b) in paragraph 2(e)—
- (i) after “point 1(b)”, insert “or (d)”;
- (ii) for “the Member State or territory or” substitute “Great Britain or the”.
- (29) In Annex 4, in paragraph 2—
- (a) in point (a)—
- (i) in point (i), in the first indent—
- (aa) omit “a territory or”;
- (bb) for the words from “the implementing” to “Article 13(1) or (2)” substitute “Part 1 or 2 of Annex 2 to the Commission Implementing Regulation”;
- (ii) in point (i), in the second indent, omit “territory or”;
- (iii) in point (ii)—
- (aa) for “the Union” substitute “Great Britain”;
- (bb) omit “a territory or”;
- (cc) for “pursuant to Article 13(1) or (2)” substitute “in Part 1 or 2 of Annex 2 to the Commission Implementing Regulation”;
- (dd) for “Article 21(1)” substitute “Article 25(1)”;
- (b) in point (c), after “2000/258/EC”, insert “or Article 3 of Decision 2000/258/EC as it has effect in European Union law[^f00049], as amended from time to time”.
Commission Implementing Regulation (EU) No 577/2013
16
- (1) Annex 1 to Commission Implementing Regulation (EU) No 577/2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and the Council[^f00050] is amended as follows.
- (2) In the heading, omit “of Article 7(2) and”;
- (3) In Part 1—
- (a) in the heading, omit “of Article 7(2) and”;
- (b) in the declaration, in the heading to the second column, for “Passport/Animal health certificate”, substitute “Identification document”;
- (4) In Part 2, in the declaration, in the heading to the second column, for “Animal”, substitute “Pet”;
- (5) In Part 3—
- (a) in heading, omit “of Article 7(2) and”;
- (b) for the words “at least one of” to the end substitute “English and may also be drawn up in other languages.”.
Commission Delegated Regulation (EU) 2018/772
17
- (1) Commission Delegated Regulation (EU) 2018/772 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs is amended as follows.
- (2) In Article 1, for the words from “the territory” to the end substitute “Great Britain”.
- (3) After Article 1 insert—
In this Regulation, “the Commission Implementing Regulation” means “Commission Implementing Regulation (EU) No 577/2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and the Council.
- (4) Omit Articles 2 to 5.
- (5) In Article 6—
- (a) in paragraph 1, for the words from “the territory”, in the first place where it occurs, to “this Regulation” substitute “Great Britain”;
- (b) in paragraph 2, for the words from “the territory”, in the first place where it occurs, to “Member State” substitute “Great Britain”;
- (c) in paragraph 3(b)(i)—
- (i) for “Article 5 of Directive 2001/82/EC of the European Parliament and of the Council”, substitute “regulation 4 of the Veterinary Medicines Regulations 2013[^f00051]”;
- (ii) after “Council”, in the second place where it occurs, insert “as it has effect in European Union law, as amended from time to time”;
- (d) for paragraph 4 substitute—
(4) The treatment referred to in paragraph 1 must be certified in the relevant section of the identification document by: (a) where paragraph 4A applies, the administering veterinarian; (b) where paragraph 4B applies— (i) an official veterinarian of the third country of departure; or (ii) an authorised veterinarian, provided an official veterinarian of the third country of departure subsequently endorses the certification. (4A) This paragraph applies in the case of non-commercial movements of dogs into Great Britain from a third country listed in Part 1 of Annex 2 to the Commission Implementing Regulation, after movement to or transit through a third country which is not so listed. (4B) This paragraph applies in the case of non-commercial movements of dogs into Great Britain from a third country not listed in Part 1 of Annex 2 to the Commission Implementing Regulation..
- (6) In Article 7—
- (a) in paragraph 1—
- (i) in the words before point (a)—
- (aa) for “a Member State referred to in Article 3” substitute “the appropriate authority”;
- (bb) for “territory or into parts of its territory” substitute “constituent territory”;
- (ii) in point (a), for the words from “another Member State” to “its territory”, substitute “a member State listed in Part 1 of the Annex to Regulation 2018/878”;
- (iii) in point (b), for the words from “another Member State” to the end substitute “a member State listed in Part 2 of the Annex to Regulation 2018/878”;
- (b) in paragraph 2—
- (i) in the words before point (a)—
- (aa) for “a Member State referred to in Article 3” substitute “the appropriate authority”;
- (bb) for “territory or into parts of its territory” substitute “constituent territory”;
- (ii) in point (b), for the words from “leaving” to “purposes” substitute “leaving the constituent territory, in which case those dogs must enter and leave that constituent territory through a travellers’ point of entry designated by the appropriate authority for the purposes”;
- (c) in paragraph 3—
- (i) for the words from the beginning to “making” substitute “If the appropriate authority makes”;
- (ii) after “paragraph 2” insert “, it”;
- (d) after paragraph 3 insert—
(4) For the purposes of this Article, “Regulation 2018/878” means Commission Implementing Regulation (EU) 2018/878 adopting the list of Member States, or parts of the territory of Member States, that comply with the rules for categorisation laid down in Article 2(2) and (3) of Delegated Regulation (EU) 2018/772 concerning the application of preventative health measures for the control of Echinococcus multilocularis infection in dogs, as it has effect in European Union law[^f00052], as amended from time to time..
- (7) After Article 9 omit the words from “This Regulation” to “Member States.”.
- (8) Omit Annex 1.
Commission Implementing Regulation (EU) 2018/878
18
Commission Implementing Regulation (EU) 2018/878 adopting the list of Member States, or parts of the territory of Member States, that comply with the rules for categorisation laid down in Article 2(2) and (3) of Delegated Regulation (EU) 2018/772 concerning the application of preventive health measures for the control of Echinococcus multilocularisinfection in dogs is revoked.
PART 4 — Application of, and modifications to, Directive 2006/88/EC
Application of, and modifications to, Directive 2006/88/EC
19
- (1) Unless otherwise indicated, terms and expressions used in any relevant instrument have the meaning they have in the Council Directive subject to the modifications set out in the Schedule.
- (2) For the purposes of reference to the Council Directive, or any provision of it, in any relevant instrument, that Directive is to be construed in accordance with the Schedule.
- (3) In this regulation—
- (a) “relevant instrument” means any instrument that is adopted pursuant to the Council Directive before IP completion day and is assimilated direct legislation;
- (b) “the Council Directive” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals.
PART 5 — Amendments to domestic EU Exit legislation
CHAPTER 1 — The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019
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