Commission Regulation (EC) No 119/2009Dangos y teitl llawn

Commission Regulation (EC) No 119/2009 of 9 February 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 requirements (Text with EEA relevance)

Article 1U.K.Subject matter and scope

1.This Regulation lays down:

(a)a list of third countries [F1and makes provision for the specification for the purposes of this Regulation by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), of third countries or parts] thereof from which the following commodities may be imported into, or transit through [F2Great Britain]:

(i)

meat of wild leporidae not containing offal, except for unskinned and uneviscerated wild leporidae;

(ii)

meat of wild land mammals other than ungulates and leporidae, not containing offal;

(iii)

meat of farmed rabbits;

(b)the veterinary certification requirements for the commodities listed in points (i), (ii) and (iii) (the commodities).

2.F3... For the purposes of this Regulation, transit covers storage during transit (including putting into storage, as referred to in [F4Commission Delegated Regulation (EU) 2019/2124]).

3.This Regulation shall apply without prejudice to:

(i)

specific certification requirements provided for in [F5agreements between the United Kingdom and] third countries;

(ii)

the relevant rules on certification contained within legislation implementing Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

Textual Amendments

[F6Article 2U.K.Interpretation

For the purposes of this Regulation—

(a)“additional guarantee” means the guarantee given under paragraph 2 of Article 2a;

(b)“wild leporidae” means wild rabbits and hares.]

Textual Amendments

[F7Article 2aU.K.Additional guarantees

1.The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may impose conditions relating to the protection of public health, animal health or food safety in Great Britain on the import of a commodity from a third country listed in Part 1 of Annex 1, or a part thereof.

2.The person exporting the commodity from the third country to Great Britain, or another person acting on their behalf, must provide evidence that any condition imposed under paragraph 1 in relation to the commodity is satisfied by giving an additional guarantee in accordance with the veterinary certificate for the commodity concerned.

3.The Secretary of State must publish any conditions imposed under paragraph 1 and the commodities to which they relate in a document published for the purposes of this Article.

Textual Amendments

Article 2bU.K.Code of third country or part thereof

The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article a system of words, letters or numbers representing, for the purposes of a veterinary certificate under this Regulation, a third country listed in Part 1 of Annex 1, or part thereof.]

Textual Amendments

[F10Article 3U.K.F8... Third countries or parts thereof from which commodities may be imported into, or transit through, [F9Great Britain]

The commodities that may be imported into, or transited through, Great Britain from a third country are confined to those from [F11such of the third countries] listed in Part 1 of Annex I [F12or parts thereof, as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article]; and in this Regulation “third country” means any country or territory other the British Islands.]

Textual Amendments

Article 4U.K.Veterinary certification

1.Commodities imported into [F13Great Britain] shall be accompanied by a veterinary certificate drawn up in accordance with the model certificate [F14, in the form published by the appropriate authority from time to time], for the commodity concerned F15....

2.Commodities in transit through [F16Great Britain] shall be accompanied by a certificate drawn up in accordance with the model certificate [F17, in the form published by the appropriate authority from time to time].

3.Compliance with the additional guarantees, as required [F18for Great Britain,] shall be certified by completing the appropriate section in the veterinary certificate for the commodity concerned.

4.Electronic certification F19... may be used.

[F205.“Appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by:

(ain relation to Wales, the Welsh Ministers;

(bin relation to Scotland, the Scottish Ministers.]

Textual Amendments

F21Article 5U.K.Derogation for transit through Latvia, Lithuania and Poland

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Textual Amendments

[F22Article 5aU.K.Matters relating to the exercise of powers under this Regulation

1.The powers exercisable 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 the provisions listed in paragraph 2 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal or public health in the United Kingdom, taking into account the animal health criteria and the public health criteria.

2.The provisions are—

(a)Article 2a (additional guarantees)

(b)Article 3 (specification of third countries or parts thereof from which commodities may be imported into, or transit through, Great Britain).

3.Any assessment which is relied upon for the purposes of paragraph 1 must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).

4.Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 2, the Secretary of State must have regard to that request.

5.In this Article—

  • “animal health criteria” means the criteria set out in Schedule 1 to the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019;

  • “public health criteria” means the criteria set out in Schedule 2 to those Regulations.]

Textual Amendments

Article 6U.K.Repeal

Decision 2000/585/EC is repealed.

References to the repealed Decision shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.

F23Article 7U.K.Transitional provisions

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Textual Amendments

Article 8U.K.Entry into force and applicability

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 June 2009.

F24...

Textual Amendments