This Statutory Instrument corrects errors in S.I. 2019/170, S.I. 2019/802, S.I. 2020/1388, S.I. 2020/1462, S.I. 2020/1481 and S.I. 2020/1482 and is being issued free of charge to all known recipients of those Statutory Instruments.
2022 No. 1315
The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022
Made
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before, and approved by resolution of, each House of Parliament.
PART 1Introductory
Citation, commencement and extent1
1
These Regulations may be cited as the Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 and come into force on 13th December 2022.
2
The amendments made by Parts 2 to 4 and regulation 21 have the same extent as the provisions amended.
3
Regulation 20 has the same extent within the United Kingdom as section 29 of the Plant Varieties and Seeds Act 1964.
4
Part 6 extends to England and Wales, but applies only in England.
5
Otherwise these Regulations extend to England and Wales, Scotland and Northern Ireland.
PART 2Amendment of Regulation (EU) No 2016/2031
Amendment of Regulation (EU) No 2016/20312
In Regulation (EU) No 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants2, after Article 105 insert—
Article 105A Penalties
1
The appropriate authority may, by regulations, lay down the rules on penalties applicable to infringements of this Regulation or of any EU tertiary legislation3, or regulations, made under it. The penalties provided for must be effective, proportionate and dissuasive.
2
Regulations under this Article may create offences.
3
Regulations may provide for an offence under the regulations to be triable—
a
summarily, or
b
either summarily or on indictment.
4
Regulations may provide for an offence under the regulations that is triable either way to be punishable—
a
on summary conviction in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
b
on summary conviction in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);
c
on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both).
5
Regulations may provide for a summary offence under the regulations to be punishable—
a
in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
b
in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale (or both).
PART 3Amendment of Regulation (EU) No 2017/625
Amendment of Regulation (EU) No 2017/6253
Regulation (EU) No 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 products4 is amended in accordance with regulations 4 to 13.
Amendment of Article 34
In Article 3(3) (definition of “the competent authority”)—
a
for point (a) substitute—
a
the appropriate authority or, as the case may be, the authority designated under or for the purposes of Article 4;
b
omit point (b).
Amendment of Article 45
1
Article 4 (designation of competent authorities) is amended as follows.
2
For paragraph 1 substitute—
1
The appropriate authority may—
a
for each of the areas governed by the rules referred to in Article 1(2), designate any other authority as a competent authority responsible for any of the OCR functions;
b
modify5 any designation made under point (a).
1A
A designation for the purposes of paragraph 1 above does not prevent the appropriate authority from exercising the relevant functions itself.
1B
The amendments made to Article 3(3) and this Article by the 2022 Regulations do not affect the continued operation of any existing designation.
1C
But the appropriate authority may—
a
by regulations, revoke any existing designation contained in subordinate legislation (whether made under section 2(2) of the European Communities Act 19726 or otherwise) conferring responsibility for any of the OCR functions on the appropriate authority which is no longer required in consequence of the amendments made to Article 3(3) and this Article by the 2022 Regulations;
b
revoke any other existing designation conferring responsibility for any of the OCR functions on the appropriate authority which is no longer required in consequence of the amendments made to those provisions by those Regulations.
1D
In addition, the appropriate authority may—
a
by regulations, modify any existing designation contained in subordinate legislation (whether made under section 2(2) of the European Communities Act 1972 or otherwise) conferring responsibility on any other authority for any of the OCR functions;
b
by notice in writing, modify any other existing designation conferring responsibility on any other authority for any of the OCR functions.
1E
Paragraphs 1C and 1D are without prejudice to section 14 of the Interpretation Act 19787.
1F
For the purposes of this Article—
a
“the 2022 Regulations” means the Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022;
b
“existing designation” means a designation conferring responsibility for any of the OCR functions on an authority which—
i
was made for the purposes of this Article before 13th December 2022, and
ii
is effective immediately before that date;
c
“the OCR functions” means the organisation or performance of official controls or other official activities in accordance with this Regulation and the rules referred to in Article 1(2).
1G
Paragraph 2 applies where, for the same area—
a
two or more authorities are each designated as a competent authority (whether under paragraph 1 or an existing designation), or
b
any such authority is permitted to delegate the exercise of specific responsibilities for official controls or other official activities to another public authority.
3
In paragraph 2, for the words from “Where, for” to “other public authorities” substitute “Where this paragraph applies”
.
Amendment of Article 486
In Article 48 (animals and goods exempted from official controls at border control posts), in point (g), for “in those delegated acts” substitute “by or in accordance with the regulations”
.
Amendment of Article 1157
In Article 115 (contingency plans for food and feed)—
a
in paragraph 1, for the words from “For the” to “, the” substitute “The”
;
b
in paragraph 4(a), for the words from “general plan” to “178/2002” substitute “contingency plans”
.
Amendment of Article 1288
In Article 128 (special measures regarding the entry to Great Britain of certain animals and goods), in paragraph 1, for “must make” substitute “may make”
.
Amendment of Article 1399
In Article 139 (penalties)—
a
in paragraph 1—
i
for “appropriate authorities” substitute “appropriate authority”
;
ii
for “shall”, in the first place it occurs, substitute “may, by regulations,”
;
iii
after “Regulation” insert “or of any EU tertiary legislation8, or regulations, made under this Regulation”
;
b
in paragraph 2, omit “, in accordance with national law,”;
c
after paragraph 2 insert—
3
Regulations under this Article may create offences.
4
Regulations may provide for an offence under the regulations to be triable—
a
summarily, or
b
either summarily or on indictment.
5
Regulations may provide for an offence under the regulations that is triable either way to be punishable—
a
on summary conviction in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
b
on summary conviction in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);
c
on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both).
6
Regulations may provide for a summary offence under the regulations to be punishable—
a
in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
b
in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale (or both).
Amendment of Article 15010
1
Article 150 (transitional measures related to the repeal of Directive 96/23/EC) is amended as follows.
2
In paragraph 1—
a
for “14 December 2022 or an earlier date to be determined by” substitute “the date specified in”
;
b
omit, in the second place it occurs, “legislation which transposed”.
3
In paragraph 2 for “14 December 2022 or an earlier date to be determined by” substitute “the date specified in”
.
4
For paragraph 3 substitute—
3
The appropriate authority may make regulations specifying—
a
the date for the purposes of paragraph 1;
b
the date for the purposes of paragraph 2.
Amendment of Part 1 of Annex 611
1
Part 1 of Annex 6 (derogations and modifications: introductory) is amended as follows.
2
In paragraph 2—
a
in the definition of “relevant goods” for “Article 47(1)(a) to (c)” substitute “Article 47(1)(a) to (d)”
;
b
in the definition of “territory subject to special transitional import arrangements”, in paragraph (a), for “Article 47(1)(a) and (b)” substitute “Article 47(1)(a), (b) or (d)”
.
3
In paragraph 3—
a
the existing text becomes subparagraph (1);
b
after subparagraph (1) insert—
2
The appropriate authority may by regulations amend Part 2 of this Annex.
Amendment of Part 2 of Annex 6: England and Wales12
1
Part 2 of Annex 6 (derogations and modifications: goods entering Great Britain from a relevant third country) as it extends to England and Wales is amended as follows.
2
In the first paragraph 13, in the inserted Article 56A (prior notification of entry to Great Britain: transitional arrangements), after paragraph 4B insert—
5
From 13th December 2022, in addition to the requirements specified in paragraphs 3 and 4, operators must give prior notification of the arrival of any goods referred to in point (d) of Article 47(1).
3
Renumber the second paragraph 13 as paragraph 13A.
Amendment of Part 2 of Annex 6: Scotland13
1
Part 2 of Annex 6 (derogations and modifications: goods entering Great Britain from a relevant third country) as it extends to Scotland is amended as follows.
2
In the first paragraph 13, in the inserted Article 56A (prior notification of entry to Great Britain: transitional arrangements), after paragraph 6 insert—
7
From 13th December 2022, in addition to the requirements specified in paragraphs 3 and 4, operators must give prior notification of the arrival of any goods referred to in point (d) of Article 47(1).
3
Renumber the second paragraph 13 as paragraph 13A.
PART 4Amendment of other retained EU law
Amendment of Regulation (EC) No 999/200114
1
Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies9 is amended as follows.
2
In Annex 1 (specific definitions), in paragraph 2—
a
in point (e), in the definition of “scrapie case”, for “European Union” substitute “national”
;
b
in point (f), in the definition of “classical scrapie case”, for “European Union” substitute “national”
;
c
in point (g), in the definition of “atypical scrapie case”, for “European Union” substitute “national”
;
d
in point (j), in the definition of “classical BSE case”, for “European Union” substitute “national”
;
e
in point (k), in the definition of “atypical BSE case”, for “European Union” substitute “national”
.
3
In Annex 3, in Chapter A, in Part 4 (monitoring in other animal species), for “Member States” substitute “The appropriate authority”
.
4
In Annex 4, in Chapter 2 (animal feeding: derogations from the prohibitions in Article 7(1) and Chapter 1), in point (e)—
a
for “Member States” substitute “The appropriate authority”
;
b
for “they have” substitute “it has”
.
5
In Annex 7, in Chapter B (measures following confirmation of the presence of TSE in bovine, ovine and caprine animals)—
a
in point 2.2.2—
i
in the words before point (a), for “Member State” substitute “appropriate authority”
;
ii
in option 3, set out in point (d), for “A Member State” substitute “The appropriate authority”
;
b
in point 4.5, for “Member State” substitute “appropriate authority”
.
6
In Annex 8, in Chapter A, in Section A (placing on the market and export: conditions which apply to ovine and caprine animals and semen and embryos thereof)—
a
in the heading to point 2, omit “of an appropriate authority”;
b
in point 2.1(d), for “the whole Member State” substitute “its whole territory”
.
Amendment of Council Regulation (EC) No 1/200515
1
Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations10 is amended as follows.
2
In Article 5(4) (planning obligations for the transport of animals), for the words from “in the form” to the end substitute “in Annex 2”
.
3
In Article 8(2) (keepers), for the words from “in the form” to the end substitute “in Annex 2”
.
Amendment of Annex 2 to Commission Decision 2007/777/EC16
1
Part 2 of Annex 2 to Commission Decision No 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries11 (third countries from which the introduction of meat products etc. into Great Britain is authorised) is amended as follows.
2
In footnote d, after “798/2008” insert “, or territories, zones or compartments of those third countries, specified by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under Article 3 of that Regulation in a document published for the purposes of that Article,”
.
Amendment of Annex 1 to Commission Regulation (EC) No 798/200817
1
Annex 1 to Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements12 (poultry, hatching eggs, day-old chicks etc.: list of third countries, territories, zones or compartments) is amended as follows.
2
In Part 1, in the table, omit the row for Belarus.
Amendment of Annex 1 to Commission Regulation (EC) No 119/200918
1
Annex 1 to Commission Regulation (EC) No 119/2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements13 (meat of wild leporidae, of certain wild land mammals and of farmed rabbits) is amended as follows.
2
In the table, in the final row, in column 1—
a
for “or part thereof listed in columns 1 and 3 of the table” substitute “listed”
;
b
after “206/2010” insert “, or territories or parts of those third countries, specified by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales) under Article 14 of that Regulation in a document published for the purposes of that Article”
.
Amendment of Commission Implementing Regulation (EU) 2020/62519
1
Commission Implementing Regulation (EU) 2020/625 amending Commission Implementing Regulation (EU) 2019/179314 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries is amended as follows.
2
Omit Article 3 (transitional measures).
PART 5Amendment of the Plant Varieties and Seeds Act 1964
Amendment of section 29 of the Plant Varieties and Seeds Act 196420
1
Section 29 of the Plant Varieties and Seeds Act 196415 (extension of Part 2 of the Act to propagating and planting material other than seeds) is amended as follows.
2
In the heading, after “seed potatoes” insert “, other propagating material and planting material”
.
3
In subsection (1) for “to any other vegetative propagating material”, in both places it occurs, substitute “and any other vegetative propagating material, to vegetative planting material”
.
Consequential amendment of the Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 202021
1
The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 202016 are amended as follows.
2
Omit Part 4 (functions relating to the marketing of seed, plant and plant propagating material).
PART 6Amendment of subordinate legislation
Amendment of the Trade in Animals and Related Products Regulations 201122
In regulation 38 of the Trade in Animals and Related Products Regulations 201117 (fees) for “enforcement authority” substitute “Secretary of State or the enforcement authority”
.
Amendment of the Animal Health (Miscellaneous Fees) (England) Regulations 201823
In regulation 2 of the Animal Health (Miscellaneous Fees) (England) Regulations 201818 (interpretation), for the definition of “third country” substitute—
“third country” means a country or territory other than the British Islands;
(This note is not part of the Regulations)