The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020

Made: 21st December 2020

Laid before Parliament: 22nd December 2020

Coming into force in accordance with regulation

The Secretary of State, in exercise of the powers conferred by section 8(1), (2)(f) and (6) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 , makes the following Regulations.

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

PART 1 — Introductory

Citation, commencement, application and extent

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• (1) These Regulations may be cited as the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020.

• (2) They come into force on IP completion day, except this regulation and regulations 4, 7, 8, 9, 10 and 11, which come into force immediately before IP completion day.

• (3) Regulations 2 and 9(2) and (3) apply in relation to England only.

• (4) Regulation 3 does not extend to England and Wales.

PART 2 — Amendment of subordinate legislation

The Trade in Animals and Related Products Regulations 2011

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• (1) The Trade in Animals and Related Products Regulations 2011 are amended as follows.

• (2) In Schedule 2, after paragraph 11 insert—

(11A) (1) The Secretary of State may by regulations impose special import conditions in respect of imports from third countries of products of animal origin intended for human consumption, having regard to the animal health situation of the third country or countries concerned, and may for that purpose amend, modify or revoke any retained direct minor EU legislation made under Article 8(4) of Council Directive 2002/99/EC . (2) Regulations made under this paragraph are to be made by statutory instrument. (3) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament. (4) Regulations made under this paragraph may— (a) contain consequential, incidental, supplementary, transitional, transitory or saving provision; (b) make different provision for different purposes.

The Veterinary Medicines Regulations 2013

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• (1) The Veterinary Medicines Regulations 2013 are amended as follows.

• (2) In regulation 2(2)—

• (a) omit the definition of “Regulation (EC) No 882/2004”;

• (b) in the appropriate place insert—

“Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ;

• (3) In regulation 45(3), for paragraph (c) substitute—

(c) Regulation (EU) 2017/625;

• (4) In Schedule 5—

• (a) in the Contents, in item 4, for “Regulation (EC) No 882/2004” substitute “ Regulation (EU) 2017/625 ”;

• (b) in paragraph 4, and the heading to that paragraph, for “Regulation (EC) No 882/2004” substitute “ Regulation (EU) 2017/625 ”.

The Animal Feed (Amendment) (EU Exit) Regulations 2019

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• (1) The Animal Feed (Amendment) (EU Exit) Regulations 2019 are amended as follows.

• (2) Omit regulation 90.

The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

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• (1) The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 are amended as follows.

• (2) In regulation 1(3)(a)—

• (a) for “Parts 2 to 4” substitute “ Part 2, regulations 8, 9 and 10, Part 4 ”;

• (b) after “United Kingdom,” insert “ and regulation 9A, in relation to England and Wales and Scotland, ”.

• (3) In regulation 2(1)—

• (a) in the definition of “the EU Official Controls Regulations”, for “and Delegated Regulations” substitute “ , Delegated Regulations and statutory instruments made under it ”;

• (b) in the definition of “relevant legislation”, for “European and domestic” substitute “ , in Northern Ireland, European and domestic legislation, and in Great Britain, retained direct EU legislation and domestic legislation ”.

• (4) In regulation 4, omit “in the United Kingdom and other member States”.

• (5) After regulation 9, insert—

(9A) Regulation 9 applies in relation to England and Wales and Scotland insofar as it relates to matters falling within Article 1(2)(i) (organic production and labelling of organic products) and Article 1(2)(j) (use and labelling of protected designations of origin, protected geographical indications and traditional specialities guaranteed) subject to the following modifications— (a) in paragraph (1)— (i) in the opening words, as if “another member State” were omitted; (ii) in sub-paragraph (a), for “a competent authority of another country” there were substituted “ another competent authority ”; (b) as if paragraph (2) were omitted.

The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

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• (1) The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 are amended as follows.

• (2) Omit Part 3 and regulations 16 and 20.

The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

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• (1) The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 are amended as follows.

• (2) In regulation 9(14), in the inserted text—

• (a) omit regulation 51C;

• (b) in regulation 51D, after paragraph (b) insert—

(c) in paragraph 5(a)(iii), for “the territory of the Member State” substitute “ Great Britain ”.

The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

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• (1) The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 are amended as follows.

• (2) In regulation 1(2), after sub-paragraph (b), insert—

(c) as regards the following provisions, in so far as they relate to the prevention of the establishment or spread of the harmful plant pests Ceratocystis platani and Xylella fastidiosa, on the day after the day on which IP completion day falls— (i) regulations 14(2)(b), 15, 23(3)(b)(x), (xvii), and (xxii); (ii) paragraph 40 of Schedule 3.

• (3) In regulation 31(35)(c), for “for paragraph 1” substitute “ in paragraph 1, for the first subparagraph ”.

The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020

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• (1) The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 are amended as follows.

• (2) In regulation 1—

• (a) for paragraph (2) substitute—

(2) Subject to paragraph (3), these Regulations come into force on IP completion day.

• (b) after paragraph (2), insert—

(3) Regulation 10, so far as it relates to entries 3 and 61, and paragraph (a) of entry 135, in the Table in Part A of Annex 7 to Commission Implementing Regulation (EU) 2019/2072 substituted by Schedule 7 to these Regulations, comes into force on the day after the day on which IP completion day falls. (4) In these Regulations, “Commission Implementing Regulation (EU) 2019/2072” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protection measures against pests of plants.

• (3) In regulation 2—

• (a) in paragraph (1), omit the words from “establishing” to “plants”;

• (b) in paragraph (9)(b), for “paragraph” substitute “ paragraphs ”.

• (4) In Schedule 7, in the substituted Annex 7, in Part A, in entries 116 and 119 of the table, in column (2)—

• (a) after “third country” insert “ , other than EU Member States ”;

• (b) at the end omit “, other than EU Member States”.

The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

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• (1) The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 are amended as follows.

• (2) In regulation 1, at the end insert “ , except Part 5 which comes into force immediately before IP completion day ”.

• (3) Omit regulation 43.

The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

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• (1) The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 are amended as follows.

• (2) In regulation 53(21)(a)(i), after “HEP,” insert “ HER, ”.

PART 3 — Amendment of retained direct EU legislation

Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods

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• (1) Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods is amended as follows.

• (2) In Article 1—

• (a) in paragraph 1, after “issue” insert “ UK ”;

• (b) in paragraph 4—

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

• (ii) omit “on certain of those plants identified”;

• (c) in paragraph 5—

• (i) in point (a)—

• (aa) for “Union” substitute “ GB ”;

• (bb) omit the words from “notified” to “2016/2031,”;

• (ii) in point (c)—

• (aa) for “Information Management System for Official Controls (IMSOC)” substitute “ appropriate computerised information management system ”;

• (bb) at the end insert “ or documentation ”;

• (iii) in point (d), for the words from “quarantine” to the end substitute “ GB quarantine pest or a provisional GB quarantine pest ”;

• (d) in paragraph 6—

• (i) for the words from “quarantine pest” to “2016/2031” substitute “ GB quarantine pest or a provisional GB quarantine pest ”;

• (ii) for “IMSOC” substitute “ the appropriate computerised information management system ”.

• (3) In Article 2—

• (a) in the heading, after “issue” insert “ UK ”;

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

• (4) In Article 3, in the heading, after “issue” insert “ UK ”;

• (5) In Article 4—

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

• (b) in paragraph 1, after “issue” insert “ UK ”;

• (c) in paragraph 2, in point (b), for “the Union” substitute “ Great Britain ”.

• (6) In Article 5, for “the Union” substitute “ Great Britain from a third country ”.

• (7) In Article 7, in point (a), for “the Union territory” substitute “ Great Britain ”.

• (8) In Article 8, omit the third paragraph.

Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council

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• (1) Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council is amended as follows.

• (2) In Article 2, after point (27) insert—

(28) “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.

• (3) After Article 2 insert—

For the purpose of Articles 3(3)(e) and 8(e) of this Regulation, references to Article 2 and Article 2(2)(p) of Directive 64/432/EEC are to be read as if, in Article 2(2)(p) of that Directive— (a) for “Member State's territory” there were substituted “ constituent territory of Great Britain ”; (b) in the table, in the row for United Kingdom, for “, Wales and Northern Ireland” there were substituted “ and Wales ”.

• (4) In Article 3(3)(e), for “Union legislation” substitute “ legislation in force in the relevant constituent territory of Great Britain ”.

• (5) In Article 5(2)(c)(iii), for “Union legislation” substitute “ legislation in force in the relevant constituent territory of Great Britain ”.

• (6) In Article 6(5), for “Member States” substitute “ competent authorities ”.

• (7) In Article 7(1)(b)—

• (a) for “a Member State” substitute “ Great Britain ”;

• (b) omit the words from “in such case” to the end.

• (8) In Article 8(e), for “Union legislation” substitute “ legislation in force in the relevant constituent territory of Great Britain ”.

• (9) Omit Article 12.

• (10) In Article 13, in paragraph 1, for “Member States may lay down” substitute “ the appropriate authority may make regulations prescribing ”.

• (11) After Article 14 insert—

(1) Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument. (2) For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 . (3) A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (4) A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of Senedd Cymru. (5) Regulations made by the Scottish Ministers under these Regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). (6) Regulations made under this Regulation may— (a) contain consequential, incidental, supplementary, transitional or saving provision; (b) make different provision for different purposes.

• (12) After Article 15, omit the words from “This Regulation” to “Member States.”.

• (13) Omit Annex 1.

• (14) In Annex 2—

• (a) in Chapter 1—

• (i) in the opening words of paragraph 3, omit the words from “in accordance with” to “of the Council”;

• (ii) in paragraph 3(a), for “national and Union” substitute “ relevant ”;

• (iii) omit paragraph 7;

• (b) in Chapter 2, omit paragraph 10;

• (c) in Chapter 3, omit paragraph 9.

Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption

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• (1) Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption is amended as follows.

• (2) In Article 1—

• (a) in paragraph 1, for “in the Union” substitute “ into Great Britain ”;

• (b) each place where it occurs, for “into the Union” substitute “ into Great Britain ”;

• (c) in paragraph 2(a)(ii) and (c), omit “and (iii)”;

• (d) in paragraph 3(b), for “the Union” substitute “ Great Britain ”.

• (3) In Article 2, after point (27) insert—

(28) “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.

• (4) After Article 2 insert—

For the purpose of this Regulation, any reference to CN codes, HS codes, or a heading or chapter in respect of those Codes, shall be read as a reference to the relevant corresponding provisions in the customs tariff, as established under section 8(1) of the Taxation (Cross-border Trade) Act 2018 .

• (5) In Article 3, for “the Union” substitute “ Great Britain ”.

• (6) In Article 4—

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

• (b) in the opening words—

• (i) in both places where it occurs, for “Commission” substitute “ appropriate authority ”;

• (ii) for “the Union” substitute “ the relevant constituent territory of Great Britain ”;

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

• (d) in point (c), for “in the Union” substitute “ into Great Britain ”;

• (e) in point (d)—

• (i) in the first place where it occurs, for “the Commission” substitute “ experts appointed by the appropriate authority ”;

• (ii) in the second place where it occurs, for “the Commission” substitute “ the appropriate authority ”;