Regulation (EU) No 576/2013 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER VI U.K. COMMON PROVISIONS

SECTION 1 U.K. Derogation for the non-commercial movement of pet animals into [F1 Great Britain]

Article 32 U.K. Derogation from the conditions of Articles F2 ... 10 and 14

1. By way of derogation from the conditions provided for in Articles F3 ... 10 and 14, [F4 the appropriate authority] may, in exceptional situations, authorise the non-commercial movement into [F5 the relevant constituent territory] of pet animals which do not comply with the conditions laid down in those Articles provided that:

(a) a prior application for a permit has been made by the owner and the [F6 appropriate authority] has granted such a permit;

(b) the pet animals are isolated under official supervision for the time necessary for them to fulfil those conditions and not exceeding six months:

(i)

at a place approved by the competent authority; and

(ii)

in accordance with the arrangements set out in the permit.

2. The permit referred to in point (a) of paragraph 1 may include an authorisation for transiting through another [F7 constituent territory] provided that the [F8 appropriate authority for the constituent territory] of transit has given its prior agreement to the [F8 appropriate authority for the constituent territory] of destination.

Textual Amendments

F2 Words in Art. 32 heading omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(18)(a)

F3 Words in Art. 32(1) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(18)(b)(i)(aa)

F4 Words in Art. 32(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(18)(b)(i)(bb)

F5 Words in Art. 32(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(18)(b)(i)(cc)

F6 Words in Art. 32(1)(a) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(18)(b)(ii)

F7 Words in Art. 32(2) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(18)(c)(i)

F8 Words in Art. 32(2) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(18)(c)(ii)

Textual Amendments

F1 Words in Ch. 6 s. 1 heading substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(17)

SECTION 2 U.K. General conditions regarding compliance

Article 33 U.K. Documentary and identity checks to be carried out in respect of non-commercial movement of pet animals into [F9 Great Britain from a third country listed in Part 1 of Annex 2 to the Commission Implementing Regulation or pursuant to Article 15]

1. [F10 In] order to verify compliance with [F11 Chapter III, the appropriate authority] shall carry out documentary and identity checks in a non-discriminatory way on pet animals that are subject to non-commercial movement into [F12 the relevant constituent territory from] a third country listed [F13 in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F14 ..., where applicable, Article 15.

2. At the time of any non-commercial movement into [F15 Great Britain from] a third country listed [F16 in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F17 ..., where applicable, Article 15, the owner or the authorised person shall, at the request of the competent authority responsible for the checks provided for in paragraph 1 of this Article:

(a) present the identification document of the pet animal required under this Regulation which demonstrates compliance with the requirements for such movement; and

(b) make the pet animal available for those checks.

Textual Amendments

F9 Words in Art. 33 heading substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(a)

F10 Word in Art. 33(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(b)(i)

F11 Words in Art. 33(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(b)(ii)

F12 Words in Art. 33(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(b)(iii)

F13 Words in Art. 33(1) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(b)(iv)

F14 Words in Art. 33(1) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(b)(v)

F15 Words in Art. 33(2) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(c)(i)

F16 Words in Art. 33(2) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(c)(ii)

F17 Words in Art. 33(2) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(19)(c)(iii)

Article 34 U.K. Documentary and identity checks to be carried out in respect of non-commercial movement from F18 ... a third country other than those listed [F19 in Part 1 of Annex 2 to the Commission Implementing Regulation or pursuant to Article 15]

1. In order to verify compliance with Chapter III, the competent authority F20 ... shall carry out documentary and identity checks at the travellers’ point of entry on pet animals that are subject to non-commercial movement into [F21 Great Britain from] a third country other than those listed [F22 in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F23 ..., where applicable, Article 15.

2. The owner or the authorised person shall, at the time of entry into [F24 Great Britain from] a third country other than those listed [F25 in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F26 ..., where applicable, Article 15, contact the competent authority present at the point of entry for the purpose of the checks referred to in paragraph 1 and shall:

(a) present the identification document of the pet animal required under this Regulation which demonstrates compliance with the requirements for such movement; and

(b) make the pet animal available for those checks.

3. [F27 The competent authority] shall draw up and keep up to date a list of travellers’ points of entry [F28 into the relevant constituent territory].

4. [F29 The competent authority designated to carry out the checks provided for in paragraph 1 must:]

(a) [F30 be] fully informed of the rules laid down in Chapter III and the officials of the competent authority [F31 must] have the necessary training to implement them;

(b) [F32 keep] records of the total number of checks that have been carried out and of instances of non-compliance revealed during those checks; and

(c) [F33 document] the checks that have been carried out in the relevant entry of the identification document where such documentation is necessary for the purposes of non-commercial movement F34 ... as provided for in [F35 Article 26a].

Textual Amendments

F18 Words in Art. 34 heading omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(a)(i)

F19 Words in Art. 34 heading substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(a)(ii)

F20 Words in Art. 34(1) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(b)(i)

F21 Words in Art. 34(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(b)(ii)

F22 Words in Art. 34(1) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(b)(iii)

F23 Words in Art. 34(1) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(b)(iv)

F24 Words in Art. 34(2) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(c)(i)

F25 Words in Art. 34(2) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(c)(ii)

F26 Words in Art. 34(2) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(c)(iii)

F27 Words in Art. 34(3) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(d)(i)

F28 Words in Art. 34(3) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(d)(ii)

F29 Words in Art. 34(4) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(e)(i)

F30 Word in Art. 34(4)(a) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(e)(ii)(aa)

F31 Word in Art. 34(4)(a) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(e)(ii)(bb)

F32 Word in Art. 34(4)(b) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(e)(iii)

F33 Word in Art. 34(4)(c) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(e)(iv)(aa)

F34 Words in Art. 34(4)(c) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(e)(iv)(bb)

F35 Words in Art. 34(4)(c) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(20)(e)(iv)(cc)

Article 35 U.K. Actions in case of non-compliance revealed during the checks provided for in Articles 33 and 34

1. Where the checks provided for in Articles 33 and 34 reveal that a pet animal does not comply with the conditions laid down in [F36 Chapter] III, the competent authority shall decide, after consultation with the official veterinarian and, where necessary, with the owner or the authorised person, to:

(a) return the pet animal to its country or territory of dispatch;

(b) isolate the pet animal under official control for the time necessary for it to comply with the conditions laid down in Chapter F37 ... III; or

(c) as a last resort where its return is not possible or isolation is not practical, put the pet animal down in accordance with applicable national rules relating to the protection of pet animals at the time of killing.

2. Where the non-commercial movement of pet animals into [F38 Great Britain] is refused by the competent authority, the pet animals shall be isolated under official control pending:

(a) either their return to their country or territory of dispatch; or

(b) the adoption of any other administrative decision concerning those pet animals.

3. The measures referred to in paragraphs 1 and 2 shall be applied at the expense of the owner and without the possibility of any financial compensation for the owner or the authorised person.

Textual Amendments

F36 Word in Art. 35(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(21)(a)(i)

F37 Words in Art. 35(1)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(21)(a)(ii)

F38 Words in Art. 35(2) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(21)(b)

Article 36 U.K. Safeguard measures

1. [F39 Where rabies or a disease or an infection other than rabies occurs or spreads in a territory or third country, and is liable to represent a serious threat to public or animal health, the appropriate authority may, by regulations, either:]

(a) suspend the non-commercial movement or transit of pet animals from all or part of the [F40 third country concerned;]

(b) lay down special conditions in respect of the non-commercial movement of pet animals from all or part of the [F41 third country concerned].

F42 ...

F43 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Words in Art. 36(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(22)(a)(i)(aa)

F40 Words in Art. 36(1)(a) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(22)(a)(i)(bb)

F41 Words in Art. 36(1)(b) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(22)(a)(i)(cc)

F42 Words in Art. 36(1) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(22)(a)(ii)

F43 Art. 36(2) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(22)(b)

Article 37 U.K. Information obligations

1. [F44 The appropriate authority] shall provide the public with clear and easily accessible information concerning the animal health requirements applicable to the non-commercial movement of pet animals and the rules for compliance checks on such movement laid down in this Regulation.

2. The information referred to in paragraph 1 shall in particular include the following:

F45 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the authorisation to derogate from the anti-rabies vaccination condition for young pet animals of the species listed in Part A of Annex I as provided for in [F46 Article] 11;

(c) the conditions applicable to the non-commercial movement into [F47 Great Britain] of pet animals:

(i)

which do not comply with [F48 Article] 10 or 14;

(ii)

F49 ...

(d) the list of travellers’ points of entry drawn up pursuant to Article 34(3), including the competent authority designated to carry out the checks provided for in Article 34(4);

(e) [F50 any conditions] applicable to the non-commercial movement into [F51 Great Britain] of pet animals of the species listed in Part B of Annex I F52 ...;

(f) information on anti-rabies vaccines for which the competent authority F53 ... has granted a marketing authorisation as provided for in point 1(b) of Annex III, and in particular on the corresponding vaccination protocol.

3. [F54 The appropriate authority] shall establish internet-based pages providing the information referred to in paragraph 1 and communicate the internet address of those pages to the [F55 other appropriate authorities].

F56 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Words in Art. 37(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(a)

F45 Art. 37(2)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(i)

F46 Word in Art. 37(2)(b) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(ii)

F47 Words in Art. 37(2)(c) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(iii)(aa)

F48 Word in Art. 37(2)(c)(i) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(iii)(bb)

F49 Art. 37(2)(c)(ii) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(iii)(cc)

F50 Words in Art. 37(2)(e) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(iv)(aa)

F51 Words in Art. 37(2)(e) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(iv)(bb)

F52 Words in Art. 37(2)(e) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(iv)(cc)

F53 Words in Art. 37(2)(f) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(b)(v)

F54 Words in Art. 37(3) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(c)(i)

F55 Words in Art. 37(3) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(c)(ii)

F56 Art. 37(4) omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(23)(d)

SECTION 3 U.K. Procedural provisions

Article 38 U.K. Amendments to Annexes

In order to take into account technical progress, scientific developments and the protection of public health or the health of pet animals, the [F57 appropriate authority may, by regulations,] amend Annexes II to IV.

Textual Amendments

F57 Words in Art. 38 substituted (E.W.S.) (31.12.2020) by 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 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(11)

[F58 Article 39 U.K. Regulations

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the Welsh Parliament.

5. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6. Regulations made under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b) make different provision for different purposes.

7. Except as specified in paragraph 8, before making any regulations under this Regulation, an appropriate authority must consult—

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

(b) such other bodies or persons as the appropriate authority may consider appropriate.

8. Where the appropriate authority considers there to be duly justified imperative grounds of urgency relating to a serious risk to public or animal health, the duty to consult set out in paragraph 7 does not apply to regulations made under Article 13, 19 or 36, provided that any such regulations are stated to expire at a date no later than six months after the date on which they are made.]

Textual Amendments

F58 Art. 39 substituted (E.W.S.) (31.12.2020) by 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 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(12)

F59 Article 40 U.K. Urgency procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Arts. 40-42 omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(24)

F59 Article 41 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Arts. 40-42 omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(24)

F59 Article 42 U.K. Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Member States shall notify those provisions and any subsequent amendments affecting them to the Commission without delay.

Textual Amendments

F59 Arts. 40-42 omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(24)