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The Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022

Type Welsh-Statutory-Instrument

Publication 2022-12-15

Last updated 2025-03-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 15 December 2022

Coming into force: 16 December 2022

In accordance with paragraph 1(8) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before, and approved by, a resolution of Senedd Cymru[^f00003].

PART 1 — Introduction

Title, commencement and application

1

(1) The title of these Regulations is the Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022.

(2) These Regulations come into force on 16 December 2022 and apply in relation to Wales.

Interpretation

2

(1) The words and expressions listed in paragraph (2), as used in these Regulations and in the EU Directives modified by Part 5, have the meanings given in paragraph (2).

(2) The words and expressions are—

“Directive 64/432” (“Cyfarwyddeb 64/432”) means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine[^f00004] as it had effect immediately before implementation period completion day;

“Directive 88/407” (“Cyfarwyddeb 88/407”) means Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species[^f00005] as it had effect immediately before implementation period completion day;

“Directive 89/556” (“Cyfarwyddeb 89/556”) means Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species[^f00006] as it had effect immediately before implementation period completion day;

“Directive 90/429” (“Cyfarwyddeb 90/429”) means Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species[^f00007] as it had effect immediately before implementation period completion day;

“Directive 91/68” (“Cyfarwyddeb 91/68”) means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals[^f00008] as it had effect immediately before implementation period completion day;

“Directive 92/65” (“Cyfarwyddeb 92/65”) means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC[^f00009] as it had effect immediately before implementation period completion day;

“Directive 92/118” (“Cyfarwyddeb 92/118”) means Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC[^f00010] as it had effect immediately before implementation period completion day;

“Directive 2002/99” (“Cyfarwyddeb 2002/99”) means Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption[^f00011] as it had effect immediately before implementation period completion day;

“Directive 2004/68” (“Cyfarwyddeb 2004/68”) means Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals[^f00012] as it had effect immediately before implementation period completion day;

“Directive 2009/156” (“Cyfarwyddeb 2009/156”) means Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae[^f00013] as it had effect immediately before implementation period completion day;

“Directive 2009/158” (“Cyfarwyddeb 2009/158”) means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs[^f00014] as it had effect immediately before implementation period completion day;

“enactment” (“deddfiad”) has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;

“the Official Controls Regulation” (“y Rheoliad Rheolaethau Swyddogol”) means Regulation (EU) 2017/625 of the European Parliament and of the Council 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;

“Regulation (EC) No 178/2002” (“Rheoliad (EC) Rhif 178/2002”) means Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[^f00015];

“Regulation (EC) No 852/2004” (“Rheoliad (EC) Rhif 852/2004”) means Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs[^f00016];

“Regulation (EC) No 853/2004” (“Rheoliad (EC) Rhif 853/2004”) means Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[^f00017];

“Regulation (EC) No 1251/2008” (“Rheoliad (EC) Rhif 1251/2008”) means Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species[^f00018];

“Regulation (EC) No 1069/2009” (“Rheoliad (EC) Rhif 1069/2009”) means 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[^f00019].

3

(1) The Trade in Animals and Related Products (Wales) Regulations 2011[^f00020] are amended as follows.

(2) In regulation 2(1), at the beginning of the list of definitions insert—

“the TARP (ALF) (Wales) (EU Exit) Regulations 2022” (“Rheoliadau’r FAChP (DSD) (Cymru) (Ymadael â’r UE) 2022”) means the Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022;

(3) In regulation 15(3), for sub-paragraph (a) substitute—

(a) the consignment complies with the requirements of the following, so far as relevant and when read with any other provisions of the legislation referred to below which apply in relation to such requirements— (i) the legislation listed in regulation 4(2) of the TARP (ALF) (Wales) (EU Exit) Regulations 2022, as modified by Part 5 of those Regulations or by the legislation referred to in paragraphs (ii) and (iii); (ii) legislation made by the Welsh Ministers, as appropriate authority, under the functions listed in the Schedule to the TARP (ALF) (Wales) (EU Exit) Regulations 2022, where applicable; (iii) legislation made by the Secretary of State, as appropriate authority in relation to Wales, under the functions listed in the Schedule to the Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022[^f00021], where applicable;

(4) In regulation 18(3), for “in the relevant legislation listed in Schedule 1” substitute “under regulation 15(3)(a)”.

(5) In regulation 35—

(a) in paragraph (1)—

(i) after “the appropriate enforcement authority”, insert “or the Welsh Ministers”;

(ii) after “that enforcement authority”, insert “or the Welsh Ministers”;

(b) in paragraph (3)—

(i) after “the appropriate enforcement authority”, insert “or the Welsh Ministers”;

(ii) after “that enforcement authority”, insert “or the Welsh Ministers, as appropriate”;

(c) in paragraphs (4), (5) and (6), after “enforcement authority”, in each place where it occurs, insert “or the Welsh Ministers”.

(6) In regulation 38, for “enforcement authority” substitute “Welsh Ministers or the enforcement authority”.

(7) Omit Schedule 1.

(8) In Schedule 3, in paragraph 8—

(a) in the heading and in sub-paragraph (1), for “Invertebrate” substitute “Relevant”;

(b) after sub-paragraph (1) insert—

(1A) In this paragraph, “relevant animals” means— (a) animals listed in Schedule 2 to the Animals (Scientific Procedures) Act 1986[^f00022]; and (b) invertebrate animals.

(2) Sub-paragraph (1) does not apply to zebra fish, aquatic molluscs belonging to the phylum Molluscaor aquatic crustaceans belonging to the subphylum Crustacea.

(d) after sub-paragraph (2) insert—

(3) The reference to educational activities in sub-paragraph (1) does not apply in relation to— (a) vertebrate animals; or (b) honey bees (Apis mellifera) or bumble bees (Bombusspp).

PART 3 — Animal and public health requirements

List of animal and public health requirements

4

(1) Paragraph (2) lists legislation for the purposes of regulations 15(3)(a) and 18(3) of the Trade in Animals.

(2) The legislation referred to in paragraph (1) is—

(a) as regards provisions of EU Directives, the following provisions, as read with Articles 1 and 2 of the Directive in question—

(i) Article 14 of, and Annexes A to E to, Directive 64/432;

(ii) Articles 8 to 11 of, and Annexes A to C to, Directive 88/407;

(iii) Articles 7 to 10 of, and Annexes A and B to, Directive 89/556;

(iv) Articles 7 to 12 of, and Annexes A to C to, Directive 90/429;

(v) Article 6 of, and Annexes A to D to, Directive 91/68;

(vi) Articles 3 to 11, 13, 16 to 18, and 24 of, and Annexes A to D and F to, Directive 92/65;

(vii) Articles 3 to 6, 9 and 10, and 13 of, and Annexes 1 and 1A to, Directive 92/118;

(viii) Articles 3, 4, 7 and 9 of, and Annexes 1 and 3 to, Directive 2002/99;

(ix) Articles 3, 7 and 11 of, and Annexes 1 to 3 to, Directive 2004/68;

(x) Articles 4, 5, 11 to 14, 16 and 17 of, and Annexes 1 and 4 to, Directive 2009/156;

(xi) Articles 5, 6, 8 to 12, 14 to 19, 22 to 26, and 30 of, and Annexes 1 to 3 to, Directive 2009/158;

(b) as regards other instruments—

(i) the Aquatic Animal Health (England and Wales) Regulations 2009[^f00023];

(ii) Regulation (EC) No 178/2002;

(iii) Regulation (EC) No 852/2004;

(iv) Regulation (EC) No 853/2004;

(v) Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene[^f00024];

(vi) Commission Decision 2007/275 concerning lists of composite products to be subject to controls at border control posts[^f00025];

(vii) Regulation (EC) No 1251/2008;

(viii) Regulation (EC) No 1069/2009;

(ix) Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof[^f00026];

(x) the Official Controls Regulation.

PART 4 — Legislative and other functions

Provisions containing legislative and other functions

5

(1) The Schedule contains a list of provisions of EU Directives that confer functions on the appropriate authority, together with any provisions that are to be retained because they are either to be read with a listed provision and are relevant to the exercise of that function, or are connected to the purpose of that function, for the purposes of paragraphs (2) and (3) of this regulation.

(2) The functions conferred by the provisions listed in the Schedule, together with any other provisions listed in the Schedule that may be relevant or connected to the exercise of a listed function, as modified by Part 5 of these Regulations and so far as they relate to consignments to which these Regulations apply—

(a) are exercisable in relation to Wales by the Welsh Ministers in so far as the functions are within devolved competence;

(b) are exercisable as if those provisions formed part of the law of England and Wales; and

(3) A function is within devolved competence for the purposes of paragraph (2)(a) if it would be within the legislative competence of Senedd Cymru to confer such a function in an Act of Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975[^f00027], that such consent was given).

Regulation-making procedure

6

(1) Regulations made by the Welsh Ministers under any of the functions listed in the Schedule are to be made by statutory instrument.

(2) A statutory instrument containing regulations made by the Welsh Ministers under any of the functions listed in the Schedule is subject to annulment in pursuance of a resolution of Senedd Cymru.

(3) Regulations made under any of the functions listed in the Schedule may—

(a) contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking any enactment;

(b) make different provision for different purposes.

(4) Before making any regulations under any of the functions listed in the Schedule, the Welsh Ministers must consult—

(a) such bodies or persons as appear to them to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as they consider appropriate.

PART 5 — Modifications to EU Directives

Modifications to EU Directives

7

Regulations 9 to 19 set out modifications to the EU Directives listed in regulation 4(2)(a) and the Schedule, including modifications to the headings and titles of divisions of those EU Directives where appropriate, for the purposes of—

(a) regulations 15(3)(a) and 18(3) of the Trade in Animals and Related Products (Wales) Regulations 2011, and

(b) regulation 5 of these Regulations.

Further interpretation

8

(1) For the purposes of these Regulations, the words and expressions listed in paragraph (2), as used in this Part and in the EU Directives modified by this Part, have the meanings given in paragraph (2).

(2) The words and expressions are—

“the competent authority” has the meaning given in Article 3 of the Official Controls Regulation;

“Directive 2001/89” means Council Directive 2001/89/EC on Community measures for the control of classical swine fever[^f00028] as it had effect immediately before implementation period completion day;

“the Diseases of Poultry Orders” means— the Diseases of Poultry (Wales) Order 2003[^f00029]; the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006[^f00030]; the Avian Influenza (Vaccination) (Wales) (No. 2) Regulations 2006[^f00031];

“the Foot-and-Mouth Disease Orders” means— the Foot-and-Mouth Disease (Wales) Order 2006[^f00032]; the Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006[^f00033];

“national reference laboratory” means a laboratory designated by the appropriate authority in accordance with Article 100 of the Official Controls Regulation;

“official laboratory” means a laboratory designated by the competent authority in accordance with Article 37 of the Official Controls Regulation;

“Regulation (EC) No 1760/2000” means Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products[^f00034];

“Regulation (EC) No 1/2005” means Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations[^f00035];

“Regulation (EU) No 206/2010” means Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements[^f00036];

“the TARP (ALF) (Wales) (EU Exit) Regulations 2022” means these Regulations;

“third country” means any country or territory outside the British Islands;

“WOAH” means the World Organisation for Animal Health[^f00037];

“WOAH reference laboratory” means a laboratory that has been officially designated as a WOAH reference laboratory by the World Assembly of Delegates of the WOAH[^f00038].

(3) For the purposes of these Regulations, in the EU Directives modified by this Part and in the modifications made to the EU Directives in this Part, any reference to one of those EU Directives, unless specified otherwise, is a reference to that Directive as it had effect immediately before implementation period completion day and as modified by this Part.

Modifications to Directive 64/432

9

(1) Directive 64/432 is modified as follows.

(2) Article 1 is to be read as if for that Article there were substituted—

Articles 2, 9, 10 and 14 of, and Annexes A, D and E to, this Directive apply so far as necessary for the purposes of giving effect to provisions which contain references to them in Directives 88/407, 89/556, 90/429, 92/65 and 2009/156, and Regulation (EU) No 206/2010. The provisions of this Directive, to which such reference is made, have effect for those purposes without prejudice to— (a) Directive 88/407; (b) Directive 90/429; (c) Directive 2002/99; (d) the Official Controls Regulation; (e) Regulation (EC) No 1760/2000; (f) Regulation (EC) No 1/2005; (g) Regulation (EC) No 1069/2009; (h) Regulation (EU) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material[^f00039]; (i) the Foot-and-Mouth Disease Orders; (j) the Pigs (Records, Identification and Movement) (Wales) Order 2011[^f00040]; (k) the Diseases of Swine Regulations 2014[^f00041], so far as they relate to the control of swine vesicular disease.

(3) Article 2 is to be read as if—

(a) paragraph 1 were omitted;

(b) in paragraph 2—

(i) in the words before point (a), “In addition” were omitted;

(ii) in point (a), in the definition of “herd”, for “Article 2(b) of Directive 92/102/EEC” there were substituted “article 2 of the Pigs (Records, Identification and Movement) (Wales) Order 2011 as regards swine, and Article 2 of Regulation (EC) No 1760/2000 as regards bovine animals”;

(iii) in point (e), in the definition of “officially tuberculosis-free Member State or region of a Member State”, for “Member State”, in each place where it occurs, there were substituted “country”;

(iv) in point (g), in the definition of “officially brucellosis-free region”, for “Member State” there were substituted “country”;

(v) in point (h), in the definition of “officially brucellosis-free Member State”, for “Member State”, in both places where it occurs, there were substituted “country”;

(vi) in point (k), in the definition of “officially enzootic-bovine-leukosis free Member State or region”, for “Member State”, in both places where it occurs, there were substituted “country”;

(vii) point (l) were omitted;

(viii) in point (m), in the definition of “approved veterinarian”, for “Article 14(3)(B)” there were substituted “Article 14”;

(ix) in point (o), in the definition of “assembly centre”—

(aa) for “trade” there were substituted “importation into Wales”;

(bb) for “for trading purposes” there were substituted “for the purposes of export by the third country of export”;

(cc) for “Article 11” there were substituted “Part 5 of Annex 1 to Regulation (EU) No 206/2010”;

(x) in point (p), in the definition of “region”—

(aa) for “Member State’s” there were substituted “country’s”;

(bb) the words from “and includes at least one” to the end of point (p) were omitted;

(xi) point (q) were omitted.

(4) Article 9 is to be read as if—

(a) in paragraph 1—

(i) for “A Member State which has” there were substituted “The appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, set out”;

(ii) for “its territory may submit the said programme to the Commission” there were substituted “Wales”;

(iii) in the first indent, for “the Member State” there were substituted “Wales”;

(iv) in the fifth indent, “the results of which must be supplied at least annually to the Commission,” were omitted;

(b) for paragraph 2 there were substituted—

(2) The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out the additional guarantees, general or limited, which may be required for importation into Wales.

(5) Article 10 is to be read as if—

(a) in paragraph 1, for the words from “Where a Member State” to “appropriate supporting documentation, setting out in particular” there were substituted “The matters referred to in paragraph 2 are”;

(b) for paragraph 2 there were substituted—

(2) The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out additional guarantees, general or limited, that are required where it considers that Wales or part of Wales is free from one of the diseases listed in Annex E(2), taking into account the matters specified in paragraph 1.

(6) Article 14 is to be read as if for that Article there were substituted—

(14) The approved veterinarians must be under the control of the competent authority and must comply with the following requirements. They must— (a) meet the conditions for pursuing the veterinary profession; (b) have no financial interest or family connections with the owner of or person responsible for the holding; (c) possess particular knowledge in the field of animal health as it applies to animals of the species concerned. This means that they must— (i) regularly update their knowledge, especially as regards the relevant health regulations, (ii) meet the requirements laid down by the competent authority to ensure the proper functioning of any surveillance network, (iii) provide the owner of or person responsible for the holding with information and assistance in order that all steps are taken to ensure that the holding’s animal health status is maintained, particularly on the basis of programmes agreed with the competent authority, (iv) ensure compliance with the requirements concerning— (aa) the identification and health certification of the animals of the herd, the animals introduced and those imported; (bb) compulsory reporting of infectious animal diseases and any other risk factor for animal health or welfare, and for human health; (cc) establishing as far as possible the cause of death of animals and where they are to be consigned; (dd) the hygiene conditions of the herd and of the livestock production units. If the proper functioning of any system of surveillance networks so requires, each country may limit the veterinarians’ responsibility to a specific number of holdings or to a specific geographical area. The competent authority must draw up lists of approved veterinarians and of the approved holdings participating in any surveillance network. If the competent authority finds that a participant in the network no longer fulfils the conditions set out above, it must suspend or withdraw approval, without prejudice to any penalties that may be applied.

(7) Article 16 is to be read as if for that Article there were substituted—

(16) The appropriate authority may by regulations— (a) modify Annex A and Chapter 1 of Annex D, in particular with regard to their adaptation to technological and scientific developments; (b) modify Annexes B, C, E and Chapter 2 of Annex D; or (c) amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022.

(8) Annex A is to be read as if—

(a) in Section 1—

(i) in paragraph 1(c), in the second subparagraph, the words from “; except in a Member State” to the end of that subparagraph were omitted;

(ii) in paragraph 2(c)—

(aa) in the second subparagraph, for “Member State”, in each place where it occurs, there were substituted “country”;

(bb) in the third subparagraph, for “Member State” there were substituted “country”;

(iii) in paragraph 3A(d)—

(aa) “in a Member State” were omitted;

(bb) for “enter into intra-Community trade” there were substituted “be traded”;

(iv) in paragraph 4, for the words from “in accordance with Article 8,” to “procedure laid down in Article 17” there were substituted “in relation to the occurrence of bovine tuberculosis in the relevant country, the appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, declare a country or part of a country to be officially tuberculosis-free”;

(v) in paragraph 4(b), for “Community legislation” there were substituted “legislation in force in Wales ”;

(vi) in paragraph 5—

(aa) for “Member State”, in each place where it occurs, there were substituted “country”;

(bb) for “Commission” there were substituted “appropriate authority”;

(cc) for “in accordance with the procedure laid down in Article 17” there were substituted “in accordance with a procedure set out by the appropriate authority by regulations”;

(b) in Section 2—

(i) in paragraph 1(d), for “in accordance with the procedure at Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(ii) in paragraph 2(a), in the second subparagraph, for “Member State”, in each place where it occurs, there were substituted “country”;

(iii) in paragraph 2(b), in the first subparagraph, for “in accordance with the procedure at Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(iv) in paragraph 2(b), in the second subparagraph—

(aa) for “Member States”, in both places where it occurs, there were substituted “countries”;

(bb) for “Member State” there were substituted “country”;

(v) in paragraph 2(c), in the second subparagraph, for “under the procedure set out in Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(vi) in paragraph 3A, in the third subparagraph, in point (b), for “under the procedure set out in Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(vii) in paragraph 4(i), in the third indent, for “procedure laid down in Article 17” there were substituted “Veterinary Medicines Regulations 2013[^f00042]”;

(viii) in paragraph 6A, in the second subparagraph, for “under the procedure set out in Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(ix) in paragraph 7, in the words before point (a)—

(aa) for “Member State”, in both places where it occurs, there were substituted “country”;

(bb) for “according to the procedure laid down in Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(x) in paragraph 7(a)—

(aa) for “Member State”, in the first two places where it occurs, there were substituted “country”;

(bb) the words from “provided that the central competent authority” to the end were omitted;

(xi) in paragraph 7(b), for “Community legislation” there were substituted “legislation in force in Wales”;

(xii) in paragraph 8, in the words before point (a), for “Member State”, in both places where it occurs, there were substituted “country”;

(xiii) in paragraph 9—

(aa) for “Member State”, in each place where it occurs, there were substituted “country”;

(bb) for “Commission”, in both places where it occurs, there were substituted “appropriate authority”;

(cc) for “according to the procedure laid down in Article 17 propose that the status be suspended or revoked” there were substituted “in accordance with a procedure set out by the appropriate authority by regulations revoke or suspend the status”;

(xiv) in paragraph 10, for “under the procedure laid down in Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”.

(9) Annex B is to be read as if—

(a) in point 1, in the fourth subparagraph, for “Fourth Edition, 2000, Chapter 2.3.3 (bovine tuberculosis)” there were substituted “2021 edition[^f00043], Chapter on bovine tuberculosis”;

(b) in point 2.1.4.5, for “4th Edition 2002” there were substituted “in the 10th edition, 2022[^f00044],”;

(i) for “Community legislation” there were substituted “legislation in force in Wales”;

(ii) for “entered into intra-Community trade” there were substituted “allowed to be traded”;

(d) in point 2.2.5.3.5, for “Member States” there were substituted “the appropriate authority”;

(e) in point 3—

(i) for “Member States” there were substituted “the appropriate authority”;

(ii) for “4th Edition, 2000, Chapter 2.3.3 (bovine tuberculosis)” there were substituted “2021 edition, Chapter on bovine tuberculosis”;

(f) in point 4—

(i) in the title, “State” were omitted;

(ii) in point 4.1—

(aa) “State” were omitted;

(bb) for “Article 6a” there were substituted “Article 100 of the Official Controls Regulation”;

(cc) “respectively in their respective Member States” were omitted.

(10) Annex C is to be read as if—

(a) in point 1, in the fourth subparagraph, for “Sixth Edition, 2008, Chapter 2.4.3 (bovine brucellosis), Chapter 2.7.2 (caprine and ovine brucellosis) and Chapter 2.8.5 (porcine brucellosis)” there were substituted “2021 edition, in the relevant Chapters on brucellosis”;

(b) in point 2.1.5—

(i) for “Community” there were substituted “WOAH”;

(ii) for “Veterinary Laboratories Agency (VLA), Weybridge” there were substituted “Animal and Plant Health Agency, Weybridge laboratory”;

(d) in point 2.2.1—

(i) for “Chapter 1.1.4” there were substituted “the Chapter on bovine brucellosis”;

(ii) for “Sixth Edition, 2008” there were substituted “2021 edition,”;

(e) in point 2.2.3.3, “in accordance with Article 6(1)” were omitted;

(f) in point 2.7.1—

(i) for “Chapter 2.4.3 (bovine brucellosis)” there were substituted “in the Chapter on bovine brucellosis”;

(ii) for “Sixth Edition, 2008” there were substituted “2021 edition,”;

(g) in point 3.1.1(a), for “intra-Community trade” there were substituted “importation into Wales”;

(h) in point 3.1.2—

(i) for “Section C1 of Chapter 2.4.3” there were substituted “the relevant section of the Chapter on bovine brucellosis”;

(ii) for “Sixth Edition, 2008” there were substituted “2021 edition,”;

(i) in point 3.2.1, in the first paragraph, for “intra-Community trade” there were substituted “importation into Wales”;

(j) in point 3.2.2—

(i) for “Section B(2) of Chapter 2.4.3” there were substituted “the relevant section of the Chapter on bovine brucellosis”;

(ii) for “Sixth Edition, 2008” there were substituted “2021 edition,”;

(k) in point 4.1—

(i) in the words before point (a), for “Article 6a” there were substituted “Article 100 of the Official Controls Regulation”;

(ii) in point (a), “in the Member State” were omitted;

(iii) in point (d), “in the Member State” were omitted;

(iv) in point (e), for “Community” there were substituted “relevant”.

(11) Annex D is to be read as if—

(a) in Chapter 1—

(i) in the title, “, Member States and Regions” were omitted;

(ii) in Section A, in point (iii), for “Member State” there were substituted “country”;

(iii) in Section B, in point (iv), for “Directive 72/462/EEC” there were substituted “Directive 2004/68”;

(iv) in Section E, for the words before point (a) there were substituted “On the basis of information supplied in relation to the occurrence of enzootic-bovine-leukosis in the relevant country, the appropriate authority may declare a country, or part of a country, to be officially enzootic-bovine-leukosis-free in accordance with a procedure set out by the appropriate authority by regulations, if—”;

(v) in Section E, in point (b), for “Member State”, in each place where it occurs, there were substituted “country”;

(vi) in Section F, in the words before point (a) for “Member State”, in both places where it occurs, there were substituted “country”;

(vii) in Section F, in point (a), for “Member State” there were substituted “country”;

(viii) in Section F, in point (b)—

(aa) for “Member State” there were substituted “country”;

(bb) for “Commission” there were substituted “appropriate authority”;

(ix) in Section F, in point (d)—

(aa) for “Member State”, in both places where it occurs, there were substituted “country”;

(bb) for “in accordance with the procedure laid down in Article 17” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(x) in Section G—

(aa) for “Member State”, in each place where it occurs, there were substituted “country”;

(bb) for “in accordance with the procedure in Article 17”, in both places where it occurs, there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(b) in Chapter 2—

(i) in the second paragraph, for the words from “, which shall be the official EU standard” to the end of that paragraph there were substituted “to be supplied by a WOAH reference laboratory for enzootic-bovine-leukosis”;

(ii) in Section A, in point 2—

(aa) “State” were omitted;

(bb) for “Article 6a” there were substituted “Article 100 of the Official Controls Regulation”;

(iii) in Section A, in point 3—

(aa) “State” were omitted;

(bb) for “Article 6a” there were substituted “Article 100 of the Official Controls Regulation”;

(iv) in Section C, in point 3(b), “in accordance with Article 6(2)(c)” were omitted.

Modifications to Directive 88/407

10

(1) Directive 88/407 is modified as follows.

(2) Article 1 is to be read as if—

(a) in the first paragraph, “intra-Community trade in and” were omitted;

(b) in the second paragraph, for “Community and/or national” there were substituted “legislation in force in Wales comprising”.

(3) Article 2 is to be read as if—

(a) in the first sentence, for “Directive 72/462/EEC” there were substituted “Directive 2004/68”;

(b) in point (b)—

(i) in the first indent, in the definition of “semen collection centre”, “Member State or” were omitted;

(ii) in the second indent, in the definition of “semen storage centre”, “Member State or” were omitted;

(d) in point (f), in the definition of “country of collection”—

(i) “Member State or” were omitted;

(ii) for “a Member State” there were substituted “Wales”;

(e) in point (g), in the definition of “approved laboratory”, for “in the territory of a Member State or third country” there were substituted “in Wales or a third country”.

(4) Article 8 is to be read as if—

(a) in paragraph 1—

(i) for “A Member State may authorize importation of semen only” there were substituted “Semen may only be imported”;

(ii) for the words from “on a list drawn up” to the end of that paragraph, there were substituted—

on a list set out in legislation in force in Wales . The appropriate authority may by regulations draw up lists of third countries from which consignments of semen may be imported into Wales.

(b) in paragraph 2—

(i) in point (a), for “the Member States” there were substituted “Wales”;

(ii) in point (b), for “mentioned in lists A and B of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;

(5) Article 9 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States shall only authorise imports of semen” there were substituted “Consignments of semen may only be imported where they are”;

(ii) in point (a)(ii), for “thereof” there were substituted “of Annex A”;

(iii) after point (a)(ii) there were inserted—

(iii) laid down in Annex B and paragraphs 2 and 3 of Annex C;

(iv) in point (b), for “the Community” there were substituted “Wales”;

(b) in paragraph 2—

(i) for “the Community” there were substituted “Wales”;

(ii) after “be communicated” there were inserted “by that competent authority”;

(iii) for “Commission”, in each place where it occurs, there were substituted “appropriate authority”;

(iv) for “provide the Member States with” there were substituted “make”;

(v) “and shall make them” were omitted;

(c) in paragraph 3, for “in accordance with the procedure referred to in Article 18(2)” there were substituted “by the appropriate authority by regulations”.

(6) Article 10 is to be read as if—

(a) in paragraph 1—

(i) for “drawn up in accordance with” there were substituted “referred to in”;

(ii) after “Article 8(1)” there were inserted “and must satisfy the relevant conditions laid down in Annex B and paragraph 1 of Annex C”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “the Member States shall not authorize the importation” there were substituted “consignments”;

(bb) after “semen from a third country on the list” there were inserted “must not be imported”;

(cc) for “in accordance with the procedure referred to in Article 18(2)” there were substituted “by the appropriate authority by regulations”;

(ii) in the second subparagraph, in point (a), for “appearing on list A of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;

(i) for the words from “It may be decided” to “on a case-by-case basis, to” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations,”;

(ii) after “waive these conditions” there were inserted “in relation to a third country”;

(iii) for “laid down in accordance with the same procedure” there were substituted “set out in those regulations”;

(d) for paragraph 4 there were substituted—

(4) The appropriate authority may not oppose the admission of semen from bulls vaccinated against foot-and-mouth disease. However, where the semen was obtained from a bull which had been vaccinated against foot-and-mouth disease during the 12 month period prior to collection, 5 % of the semen from each collection (with a minimum of five straws) intended for sending to Wales shall be subjected, in an approved laboratory, to a virus isolation test for foot-and-mouth disease, with negative results.

(7) Article 11 is to be read as if—

(a) in paragraph 1—

(i) in the first sentence—

(aa) for “Member States shall authorize the importation of semen only” there were substituted “Consignments of semen may only be imported”;

(bb) for “an animal health certificate” there were substituted “the relevant health certificate, in the form published by the appropriate authority from time to time,”;

(ii) in point (a), for the words from “one of the official languages” to the end there were substituted “English and Welsh”;

(b) paragraph 2 were omitted.

(8) Article 17 is to be read as if for that Article there were substituted—

(17) The appropriate authority may by regulations— (a) modify Annex A, in particular to adapt it to advances in technology; (b) modify Annexes B and C; or (c) amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022.

(9) Annex A is to be read as if, in Chapter 2—

(a) in point 1(f), in point (i)—

(i) in the first paragraph, in the second indent, for “intra-Community trade” there were substituted “importation into Wales”;

(ii) in the first paragraph, in the third indent—

(aa) for “the subject of intra-Community trade” there were substituted “imported into Wales”;

(bb) for the second instance of “intra-Community trade” there were substituted “importation into Wales”;

(b) in point 1(f), in point (vii)—

(i) for “Member State” there were substituted “third country”;

(ii) for “Commission and other Member States” there were substituted “appropriate authority”;

(i) for “Member State” there were substituted “third country”;

(ii) for “Commission and other Member States” there were substituted “appropriate authority”.

(10) Annex B is to be read as if—

(a) in Chapter 1—

(i) in point 1—

(aa) in point (a), for “Member State” there were substituted “third country”;

(bb) in point (d)(iv), for “Article 2.3.5.3 of the International Animal Health Code” there were substituted “the Chapter on IBR/IPV in the WOAH Terrestrial Animal Health Code[^f00045], 2021 edition”;

(ii) in point 2, for “a laboratory approved by the Member State” there were substituted “an approved laboratory”;

(iii) in point 5, the final sentence were omitted;

(b) in Chapter 2—

(i) in point 2, for “a laboratory approved by the Member State” there were substituted “an approved laboratory”;

(ii) in point 3, in both paragraphs, for “the subject of intra-Community trade” there were substituted “imported into Wales”.

(11) Annex C is to be read as if—

(a) for the title, there were substituted “Conditions which semen imported into Wales must satisfy”;

(b) in point 3—

(i) in the words before point (a), for “for intra-Community trade” there were substituted “intended for importation into Wales”;

(ii) in point (b), for “the Member State of destination” there were substituted “Wales”.

Modifications to Directive 89/556

11

(1) Directive 89/556 is modified as follows.

(2) Article 1 is to be read as if, in paragraph 1, for “intra-Community trade in and” were omitted.

(3) Article 2 is to be read as if—

(a) in the first paragraph, for “Directive 72/462/EEC” there were substituted “Directive 2004/68”;

(b) in the second paragraph, in point (e), in the definition of “country of collection”—

(i) “Member State or” were omitted;

(ii) for “a Member State” there were substituted “Wales”;

(4) Article 7 is to be read as if—

(a) in paragraph 1, for the words from “on a list drawn up” to the end, there were substituted—

on a list set out in legislation in force in Wales. The appropriate authority may by regulations draw up lists of third countries from which consignments of embryos may be imported into Wales

(b) in paragraph 2—

(i) in point (a), for “the Member States” there were substituted “Wales”;

(ii) in point (b), for “mentioned in lists A and B of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;

(5) Article 8 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States shall only authorize imports of embryos” there were substituted “Consignments of embryos may only be imported into Wales where they are”;

(ii) in point (b), for “the Community” there were substituted “Wales”;

(b) in paragraph 2—

(i) for “the Community” there were substituted “Wales”;

(ii) after “be communicated” there were inserted “by that competent authority”;

(iii) for “Commission”, in each place where it occurs, there were substituted “appropriate authority”;

(iv) for “provide the Member States with” there were substituted “make”;

(v) “and shall make them” were omitted;

(c) in paragraph 3, for “in accordance with the procedure referred to in Article 18(2)” there were substituted “by the appropriate authority by regulations”.

(6) Article 9 is to be read as if—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) in the words before point (a), for “drawn up in accordance with” there were substituted “referred to in”;

(bb) after point (a) there were inserted—

“(aa) come from donor animals that satisfy the conditions laid down in Annex B;”;

(cc) in point (b), for “in accordance with the procedure laid down in Article 18” there were substituted “by the appropriate authority by regulations”;

(ii) in the second subparagraph, in point (a), for “appearing on list A of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;

(b) in paragraph 2—

(i) for “Annexes A and G to Directive 64/432/EEC” there were substituted “Annexes A and D to Directive 64/432”;

(ii) for the words from “Under the procedure” to “derogations”, there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, derogate”;

(iii) for “may be decided upon” there were substituted “in relation to a third country”.

(7) Article 10 is to be read as if—

(a) in paragraph 1—

(i) in the opening sentence, for “an animal health certificate” there were substituted “the relevant health certificate, in the form published by the appropriate authority from time to time”;

(ii) in point (a), for the words from “the official language” to the end, there were substituted “English and Welsh”;

(b) paragraph 2 were omitted.

(8) Article 16 is to be read as if for the existing text there were substituted—

(16) he appropriate authority may by regulations modify the Annexes or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022.

(9) Annex A is to be read as if, in Chapter 2—

(a) in point 1(h), for “in accordance with the procedure laid down in Article 18” there were substituted “in accordance with a procedure set out by the appropriate authority, by regulations”;

(b) in point 1(m), for “In accordance with the procedure laid down in Article 18 a protocol shall be drawn up before the date provided for in Article 20” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, draw up a protocol”;

(d) in point 1(n), for “shall be decided in accordance with the procedure laid down in Article 18” there were substituted “may be decided by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”.

(10) Annex B is to be read as if, in point 1(a), “within Community territory or” were omitted.

Modifications to Directive 90/429

12

(1) Directive 90/429 is modified as follows.

(2) Article 1 is to be read as if, in paragraph 1, “intra-Community trade in and” were omitted.

(3) Article 2 is to be read as if, in the first paragraph, for “Article 2 of Directives 64/432/EEC, 72/462/EEC, 80/407/EEC and 90/425/EEC” there were substituted “Article 2 of Directives 64/432, 88/407 and 2004/68, and Article 3 of the Official Controls Regulation”.

(4) Article 7 is to be read as if—

(a) in paragraph 1—

(i) for “A Member State may authorize importation of semen only” there were substituted “Semen may only be imported”;

(ii) for the words “on a list drawn up” to the end there were substituted—

on a list set out in legislation in force in Wales. The appropriate authority may by regulations draw up lists of third countries from which consignments of semen may be imported into Wales.

(b) in paragraph 2—

(i) in subparagraph (a), for “the Member States” there were substituted “Wales”;

(ii) in subparagraph (b), for “mentioned in lists A and B of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;

(5) Article 8 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States shall only authorize imports of semen” there were substituted “Semen may only be imported where it is”;

(ii) in point (b), for “the Community” there were substituted “Wales”;

(b) in paragraph 2—

(i) for “the Community” there were substituted “Wales”;

(ii) after “be communicated” there were inserted “by that competent authority”;

(iii) for “Commission”, in each place where it occurs, there were substituted “appropriate authority”;

(iv) for “provide the Member States with” there were substituted “make”;

(v) “and shall make them” were omitted;

(c) in paragraph 3, for “in accordance with the procedure referred to in Article 18(2)” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”.

(6) Article 9 is to be read as if—

(a) in paragraph 2—

(i) in the first subparagraph—

(aa) “Member States shall not authorize the importation of” were omitted;

(bb) after “third country on the list” there were inserted “must not be imported”;

(cc) for “under the procedure laid down in Article 18” there were substituted “by the appropriate authority by regulations”;

(ii) in the second subparagraph, in point (a), for “appearing on list A of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;

(b) in paragraph 3—

(i) for “Chapter II and the corresponding Annexes” there were substituted “Annexes A, B and C”;

(ii) for the words from “It may be decided” to “on a case-by-case basis, to” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations,”;

(iii) after “waive these conditions” there were inserted “in relation to a third country”;

(7) Article 10 is to be read as if—

(a) in paragraph 1—

(i) for the first sentence there were substituted “Consignments of semen may only be imported on submission of the relevant health certificate, in the form published by the appropriate authority from time to time, drawn up and signed by an official veterinarian of the third country of collection.”;

(ii) in point (a), for the words from “one of the official languages” to the end there were substituted “English and Welsh”;

(b) paragraph 2 were omitted.

(8) Article 11 is to be read as if—

(a) in paragraph 1, in the first subparagraph—

(i) in the words before the first indent—

(aa) for “Member States shall ensure that each” there were substituted “Each”;

(bb) for “the Community”, in both places where it occurs, there were substituted “Wales”;

(cc) for “is subjected” there were substituted “must be subjected”;

(ii) in the second indent, for “provided for” there were substituted “referred to”;

(iii) in the fourth indent, for “animal” there were substituted “relevant”;

(b) in paragraph 1, in the second and third subparagraphs, for “the Community”, in both places where it occurs, there were substituted “Wales”;

(d) paragraph 3 were omitted.

(9) Article 12 is to be read as if—

(a) for “the Community by a Member State” there were substituted “Wales by the appropriate authority”;

(b) for “Member State”, in the second place where it occurs, there were substituted “country”.

(10) Article 17 is to be read as if for that Article there were substituted—

(17) The appropriate authority may by regulations modify the Annexes to this Directive or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022 to adapt them to advances in technology.

(11) Annex A is to be read as if, in Chapter 2, in point 6(g), for “will be established under the procedure laid down in Article 19” there were substituted “may be established by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”.

(12) Annex B is to be read as if—

(a) in Chapter 1, in point 1, in point 1.3—

(i) in the words before point (a), for “relevant Union legislation” there were substituted “relevant legislation in force in Wales”;

(ii) in the fourth subparagraph, for the words from “Annex III to Commission Decision 2008/185/EC” to the end there were substituted “the Chapter on Aujeszky’s disease, in the WOAH Manual of Diagnostic Tests and Vaccines for Terrestrial Animals[^f00046], 2021 edition,”;

(b) in Chapter 1, point 7 were omitted;

(i) for “the subject of intra-Union trade”, in both places where it occurs, there were substituted “imported into Wales”;

(ii) for “Member State” there were substituted “third country”.

(13) Annex C is to be read as if—

(a) in the heading, for “intra-Union trade” there were substituted “importation into Wales”;

(b) in point 1(e), for “defined under the provisions of Union legislation” there were substituted “subject to animal health controls”;

(i) in the words before point (a), for “intra-Union trade” there were substituted “importation into Wales”;

(ii) in point (b), for “the Member State of destination” there were substituted “Wales”;

(d) in point 4—

(i) for “Member States” there were substituted “The appropriate authority”;

(ii) the second paragraph were omitted.

Modifications to Directive 91/68

13

(1) Directive 91/68 is modified as follows.

(2) Article 1 is to be read as if for that Article there were substituted—

Articles 2 and 6 of, and Annexes A, B, C and D to, this Directive only apply so far as necessary for the purposes of giving effect to provisions which contain references to them in Directive 92/65 and Regulation (EU) No 206/2010.

(3) Article 2 is to be read as if—

(a) in point (a), for “Article 2 of Directive 90/425/EEC and in Article 2 of Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC” there were substituted “Article 3 of the Official Controls Regulation and in Article 2 of Regulation (EC) No 1/2005”;

(b) in point (b)—

(i) point (7) were omitted;

(ii) in point (10), in the definition of “approved assembly centre”, for “intra-Community trade” there were substituted “importation into Wales”;

(iii) points (11) and (12) were omitted;

(iv) in point (13), in the definition of “transporter”, for “Article 5 of Directive 91/628/EEC” there were substituted “Article 6 of Regulation (EC) No 1/2005”;

(v) in point (14), in the definition of “region”—

(aa) for “Member State’s” there were substituted “country’s”;

(bb) the words from “and includes at least one” to the end were omitted.

(4) Article 6 is to be read as if—

(a) in point (a)(i), in the third indent, for “recognized under the procedure set out in Article 15” there were substituted “authorised for use by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(b) in point (a)(iii), for “intra-Community trade” there were substituted “importation into Wales”;

(c) in point (c), in the third indent, for “to be recognized under the procedure laid down in Article 15” there were substituted “approved by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(d) point (d) were omitted.

(5) Article 7 is to be read as if—

(a) in paragraph 1—

(i) in the words before the first indent—

(aa) for “A Member State which has” there were substituted “The appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, set out”;

(bb) “may submit said programme to the Commission” were omitted;

(ii) in the first indent, for “the Member State” there were substituted “Wales”;

(b) for paragraph 2 there were substituted—

(2) The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out the additional guarantees, general or limited, which may be required for importation into Wales.

(6) Article 8 is to be read as if—

(a) in paragraph 1—

(i) for “Where a Member State considers that its territory or part of its territory”, there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out additional guarantees, general or limited, that are required where it considers that Wales or part of Wales”;

(ii) for “it shall present to the Commission appropriate supporting documentation, setting out” there were substituted “taking into account”;

(b) paragraphs 2 to 4 were omitted.

(7) Article 14 is to be read as if for the existing text there were substituted—

(14) (1) The appropriate authority may by regulations modify Annexes A, B, C and D or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022. (2) The rules for the implementation of this Directive may be prescribed by regulations made by the appropriate authority.

(8) Annex A is to be read as if—

(a) in Chapter 1, in Section 1—

(i) in point A(1)(b), for “procedure laid down in Article 15 of this Directive” there were substituted “Veterinary Medicines Regulations 2013”;

(ii) in point A(2), for “Member State” there were substituted “country”;

(iii) in point C(2), in the first paragraph—

(aa) for “Member State” there were substituted “country”;

(bb) for “Commission and the other Member States” there were substituted “appropriate authority”;

(iv) in point C(2), in the second paragraph, in the words before point (a), “of the Member State” were omitted;

(v) in point C(2), in the second paragraph, in point (a)—

(aa) for “Member State” there were substituted “country”;

(bb) for “Commission and the other Member States” there were substituted “appropriate authority”;

(vi) in point C(3)—

(aa) for “Commission” there were substituted “appropriate authority”;

(bb) for “under the procedure laid down in Article 15” there were substituted “in accordance with a procedure set out by the appropriate authority by regulations”;

(cc) for “in accordance with the same procedure” there were substituted “in those regulations”;

(b) in Chapter 1, in Section 2—

(i) in the title, for “Member State” there were substituted “country”;

(ii) in the first paragraph—

(aa) for “Member State” there were substituted “country”;

(bb) for “under the procedure laid down in Article 15” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(iii) in point (1)(c), “under the procedure set out in Article 15 of this Directive” were omitted;

(iv) in point (2)(i)—

(aa) in the first indent, for “Member State” there were substituted “country”;

(bb) in the second indent, for “Member State” there were substituted “country”;

(cc) in the third indent, for “in accordance with the procedure laid down in Article 15” there were substituted “by the appropriate authority, by regulations”;

(i) in point (A)(1)(b), for “procedure laid down in Article 15 of this Directive” there were substituted “Veterinary Medicines Regulations 2013”;

(ii) in point (D)(2), “until the date laid down for holdings to qualify as brucellosis-free in accordance with the eradication plans adopted under Decision 90/242/EEC” were omitted;

(iii) in point (D)(2)(a), for “Article 4(1)(a) of this Directive” there were substituted “Regulation (EU) No 206/2010”;

(iv) in point (D)(2)(c)(ii), for “in accordance with the procedure laid down in Article 15 of this Directive” there were substituted “under the Veterinary Medicines Regulations 2013”.

(9) Annex C is to be read as if—

(a) for “Annex to Decision 90/242/EEC” there were substituted “Chapter on brucellosis in the WOAH Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, 2021 edition”;

(b) for “recognized in accordance with the procedure laid down in Article 15 of this Directive” there were substituted “authorised for use by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(10) Annex D is to be read as if—

(a) after “national” there were inserted “reference”;

(b) for “Central Veterinary Laboratory, Weybridge, Surrey, United Kingdom” there were substituted “WOAH reference laboratory for brucellosis”.

Modifications to Directive 92/65

14

(1) Directive 92/65 is modified as follows.

(2) Article 1 is to be read as if—

(a) in the first paragraph—

(i) “trade in and” were omitted;

(ii) for “the Community” there were substituted “Wales from third countries”;

(iii) for “specific Community acts” there were substituted “legislation”;

(b) in the second paragraph, for “Regulation (EEC) No 3626/82” there were substituted “Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein[^f00047]”;

(c) in the third paragraph, for the words from “the national rules” to the end there were substituted “legislation in force in Wales that applies in relation to pet animals”.

(3) Article 2 is to be read as if—

(a) paragraph 1(a) were omitted;

(b) in paragraph 1(b), in the definition of “animals”, for “Directives 64/432/EEC, 90/426/EEC, 90/539/EEC, 91/67/EEC, 91/68/EEC, 91/492/EEC and 91/493/EEC” there were substituted “Directives 64/432, 91/68, 2009/156 and 2009/158, and the Aquatic Animal Health (England and Wales) Regulations 2009”;

(e) ‘pet animal’ has the meaning given in Article 3 of Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals[^f00048].

(d) in paragraph 2, for “Article 2 of Directives 64/432/EEC, 91/67/EEC and 90/529/EEC” there were substituted “Article 2 of Directive 64/432, regulation 3 of the Aquatic Animal Health (England and Wales) Regulations 2009 and Article 2 of Directive 2009/158”.

(4) The title of Chapter 2 is to be read as if for that title there were substituted “General requirements applicable to imports for the purposes of Articles 16, 17 and 18”.

(5) Article 3 is to be read as if—

(a) in the first paragraph—

(i) for “The Member States shall ensure that the trade referred to in Article 1, first paragraph, is not” there were substituted “The importation of animals referred to in Article 16 into Wales must not be”;

(ii) for “Community legislation” there were substituted “legislation in force in Wales”;

(b) the second paragraph were omitted.

(6) Article 4 is to be read as if—

(a) for the words from the beginning to “Article 12(1) and (3) of this Directive” there were substituted, “For the purposes of applying Article 9 of the Official Controls Regulation, the animals referred to in Articles 5 to 10 of this Directive may, without prejudice to Article 13 and Article 24, only be imported into Wales if they satisfy conditions at least equivalent to those laid down in Articles 5 to 10 and come from holdings or businesses subject to the Official Controls Regulation”;

(b) in the first indent, for “Article 3(3) of Directive 90/425/EEC” there were substituted “Articles 9 and 10 of the Official Controls Regulation”;

(i) for “competent authority” there were substituted “appropriate authority”;

(ii) for “Member State” there were substituted “third country”;

(d) in the third indent—

(i) after “national measures” there were inserted “in Wales”;

(ii) for “a given Member State” there were substituted “Wales”;

(iii) for “a decision under Articles 15(2)” there were substituted “a guarantee under Article 15(1)”;

(e) in the fourth indent—

(i) for “trade” there were substituted “importation into Wales”;

(ii) “or a commercial document provided for in Articles 5 to 11” were omitted.

(7) Article 5 is to be read as if—

(a) in paragraph 1—

(i) for “Member States shall ensure that trade in” there were substituted “The importation into Wales of”;

(ii) for “competent authorities of the Member States” there were substituted “relevant competent authorities”;

(iii) for “veterinary certificate corresponding to the specimen in Annex E,” there were substituted “health certificate, as provided for in Article 18,”;

(b) for paragraph 2 there were substituted—

(2) An approved body, institute or centre may acquire, by way of derogation from paragraph 1, apes belonging to an individual if the acquisition is authorised by the appropriate authority.

(8) Article 6 is to be read as if—

(a) in paragraph A—

(i) in the first paragraph—

(aa) “Member States shall ensure that” were omitted;

(bb) for “Directives 64/432/EEC, 90/426/EEC and 91/68/EEC” there were substituted “Directives 64/432, 91/68 and 2009/156”;

(cc) for “be the subject of trade only” there were substituted “only be imported into Wales”;

(ii) in point (1)(a), for “in accordance with Article 3(1)(c) of Directive 90/425/EEC” there were substituted “appropriately for the species concerned in such a way that the original or transit holding can be traced”;

(iii) after point (1)(a), there were inserted—

(aa) must be subject to— (i) an identity check; and (ii) a clinical inspection before departure, within the period of time specified in the health certificate, by an official veterinarian and show no clinical signs of disease;

(iv) in point (1)(c), for “Directive 85/511/EEC and Article 4a of Directive 64/432/EEC” there were substituted “the Foot-and-Mouth Disease Orders and the Diseases of Swine Regulations 2014”;

(v) for point (1)(d) there were substituted—

(d) must not come from a holding, or have been in contact with animals from a holding, which is for animal health reasons subject to a prohibition or other animal health measures affecting the species involved, or is situated in an area subject to such measures or prohibitions, and the holding must be free of any such measures or prohibitions for the period of time before dispatch that is specified in the health certificate;

(vi) after point (1)(d), there were inserted—

(da) must have been kept at that holding permanently since birth or have remained on the holding for the period of time before dispatch that is specified in the health certificate; (db) must not, at any time between leaving the holding of origin and arriving at destination, have come into contact with cloven-hoofed animals other than animals that have the same health status;

(vii) for point (1)(e) there were substituted—

(e) must be accompanied by a health certificate as provided for in Article 18, certifying that the following requirements are met— (i) that at the time of examination, the animals do not show any clinical sign of any disease to which they are susceptible, and (ii) the animals come from an officially tuberculosis-free, officially brucellosis-free or brucellosis-free herd or holding not subject to swine fever restrictions or from a holding where the animals were subjected with negative results to one or more of the tests laid down in Article 6(2)(b) of Directive 92/65.

(b) in paragraph A, in point (2)—

(i) in point (a)—

(aa) for “Directive 64/432/EEC or Directive 91/68/EEC” there were substituted “Directive 64/432 or Directive 91/68”;

(bb) for “Article 3(2)(c), (d), (f), (g) and (h) of Directive 64/432/EEC or Article 3 of Directive 91/68/EEC” there were substituted “Annex A to Directive 64/432 and Annex A to Directive 91/68”;

(ii) in point (c)—

(aa) “in accordance with the procedure laid down in Article 26,” were omitted;

(bb) after “may be adopted” there were inserted “by the appropriate authority, by regulations”;

(iii) after point (c), there were inserted—

(d) animals must— (i) be continuously resident on the holding of origin for at least 30 days, or since birth if the animals are younger than 30 days of age; (ii) not come from a holding into which ungulates have been introduced during at least 21 days prior to dispatch; (iii) not come from a holding into which ungulates imported from a third country have been introduced during at least 30 days prior to dispatch; (iv) not be animals that cannot be marketed in the third country of export for public and animal health reasons; (v) after leaving the holding of origin, be consigned directly to the destination in Wales; (e) by way of derogation from points (d)(ii) and (iii), the animals referred to in those points may be authorised by the appropriate authority for importation into Wales, if they have been completely isolated from all other animals on the holding; (f) by way of derogation from point (d)(v), animals may, after leaving the holding of origin and before arrival at destination in Wales, transit through only one approved assembly centre situated in the third country of origin; (g) without prejudice to any additional guarantees that may be required in accordance with Articles 7 and 8 of Directive 91/68, animals must meet the requirements in— (i) Article 6 of Directive 91/68, and either (ii) Chapter 1.D of Annex A to Directive 91/68, in order to be introduced on to an officially brucellosis-free holding; or (iii) Chapter 2.D of Annex A to Directive 91/68, in order to be introduced on to a brucellosis-free holding.

(i) in point (a)—

(aa) for “prohibition measures” there were substituted “animal health prohibition or restriction measures”;

(bb) “in accordance with Article 9a of Directive 64/432/EEC” were omitted;

(ii) in point (b), for “any of the restrictions laid down in Directive 80/217/EEC” there were substituted “animal health prohibition or restriction measures”;

(iii) in point (c)—

(aa) for “Directive 64/432/EEC”, in the first place where it occurs, there were substituted “the Chapter on porcine brucellosis of the WOAH Terrestrial Animal Health Code of the World Organisation, 2021 edition[^f00049]”;

(bb) for “Directive 64/432/EEC”, in the second place where it occurs, there were substituted “Directive 2004/68”;

(d) in paragraph A, in point (4)—

(i) for “in accordance with the procedure laid down in Article 26” there were substituted “by the appropriate authority by regulations”;

(ii) the words from “These decisions” to the end were omitted;

(e) paragraph B were omitted.

(9) Article 7 is to be read as if—

(a) in paragraph A—

(i) for the words before point (1) there were substituted “The appropriate authority must ensure that birds other than those referred to in Directive 2009/158, Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof[^f00050] and Commission Decision 2007/25 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community[^f00051] may be imported into Wales only if they meet the following requirements—”;

(ii) the second paragraph of point (1)(b) were omitted;

(iii) for point (1)(c) there were substituted—

(c) if they have been imported from a third country, have been quarantined or isolated in the holding to which they were taken after they entered the territory of Wales if so required in accordance with the relevant legislation in force in Wales;

(b) in paragraph A, in point (2)—

(i) in the second paragraph of point (a), for “recognized under the procedure provided for in Article 26” there were substituted “may be set out by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations, and”;

(ii) in the first paragraph of point (b), for “in accordance with Article 3(1)(c) of Directive 90/425/EEC” there were substituted “appropriately in such a way that the original holding, centre or organisation can be traced”;

(iii) in the second paragraph of point (b), for “under the procedure provided for in Article 26” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(iv) in point (c), for “commercial document” there were substituted “health certificate, as provided for in Article 18,”;

(10) Article 8 is to be read as if—

(a) in the words before point (a)—

(i) “Member States shall ensure that” were omitted;

(ii) for “the subject of trade” there were substituted “imported into Wales”;

(b) in point (a), at the beginning, there were inserted “they”;

(d) in point (b), for the words from “corresponding to the specimen in Annex E” to the end there were substituted “, as provided for in Article 18”;

(e) after point (b) there were inserted—

The requirements applied to bees (Apis melifera), or equivalent requirements, may be applied to bumble bees by the appropriate authority by regulations.

(11) Article 9 is to be read as if—

(a) in paragraph 1, in the words before point (a)—

(i) “Member States shall ensure that” were omitted;

(ii) for “the subject of trade” there were substituted “imported into Wales”;

(b) in paragraph 2—

(i) for “Member States which require” there were substituted “Where the appropriate authority requires”;

(ii) for “their territory may require animals being sent to them” there were substituted “Wales, it may require animals sent to that territory”;

(iii) for “corresponding to the specimen in Annex E,” there were substituted “, as provided for in Article 18, that is”;

(iv) the final sentence of the second subparagraph were omitted;

(i) for “Ireland and the United Kingdom may require the submission of a” there were substituted “The relevant”;

(ii) for “guaranteeing” there were substituted “must guarantee”.

(12) Article 10 is to be read as if—

(a) in paragraph 1, for “Member States shall ensure that there is a prohibition on trade in mink and foxes which” there were substituted “The importation into Wales of mink and foxes is prohibited where those animals have”;

(b) in paragraph 2—

(i) in the words before point (a), for “the subject of trade” there were substituted “imported into Wales”;

(ii) in point (a), for “Article 6 and, where applicable, in Article 7” there were substituted “Article 10(1)(a) to (d) and, where applicable, in Article 12(a)”;

(iii) in point (c)—

(aa) after “health certificate” there were inserted “, as provided for in Article 18,”;

(bb) point (i) were omitted;

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