The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

PART 2 Amendment of secondary legislation that applies in Great Britain

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

2.—(1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(1) is amended as follows.

(2) In article 4—

(a) in paragraph 2—

(i) in sub-paragraph (a)(i), for “another” substitute “a”;

(ii) in sub-paragraphs (a)(ii), (b)(ii), (c)(ii) and (d)(ii), for “Council Directive 92/65/EEC” substitute “the Trade in Animals and Related Products Regulations 2011(2),the Trade in Animals and Related Products (Wales) Regulations 2011(3) or the Trade in Animals and Related Products (Scotland) Regulations 2012(4)”;

(b) in paragraph 11—

(i) in sub-paragraph (a), omit paragraph (i) (together with the final “and”);

(ii) omit sub-paragraph (b);

(c) in paragraph 12—

(i) for “Council Directive 92/65/EEC” substitute “the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012”;

(ii) for “the requirement” substitute “a requirement”;

(iii) omit “, as referred to in Article 10(4) of that Directive”.

The Artificial Insemination of Pigs (EEC) Regulations 1992

3.—(1) The Artificial Insemination of Pigs (EEC) Regulations 1992(5) are amended as follows.

(2) In regulation 2—

(a) in the heading, omit “Intra-Community”;

(b) in paragraph (1), for “another” substitute “a”;

(c) in paragraph (2), in the words before sub-paragraph (a), for “another” substitute “a”;

(d) after paragraph (6) insert—

“(7) Council Directive 90/429/EEC is to be read as follows—

(a) as if the reference in Article 3—

(i) to “Each Member State” were to “The appropriate Minister”;

(ii) to “intra-Community trade” were to “trade within Great Britain”;

(b) as if the reference in Article 5(1)—

(i) in the first paragraph, to “Member State on whose territory” were to “appropriate Minister for the territory where”;

(ii) in the second paragraph, to “Member State” were to “appropriate Minister”.”.

(3) In regulation 3, for “another” substitute “a”.

The Animals (Post-Import Control) Order 1995

4.—(1) The Animals (Post-Import Control) Order 1995(6) is amended as follows.

(2) For article 3(2) substitute—

“(2) Paragraph (1) does not apply in the case of the importation of pigs from any of the territories specified in Annex 1 of Commission Decision 2008/185/EC as at exit day.”.

(3) In articles 5(1) and 6, omit “in any of the circumstances specified in a provision listed in Schedule 3 to this Order”.

(4) Omit Schedules 1 and 3.

The Bovine Embryo (Collection, Production and Transfer) Regulations 1995

5.—(1) The Bovine Embryo (Collection, Production and Transfer) Regulations 1995(7) are amended as follows.

(2) In regulation 2(1), for the definition of “intra-Area trade” substitute—

““national trade” means trade within Great Britain;”.

(3) Omit regulation 5.

(4) In regulation 6—

(a) in the heading, for “purposes other than intra-Area” substitute “national”;

(b) for “other than for the purposes of intra-Area” substitute “for national”.

(5) In regulation 9, omit “5,”.

(6) Omit regulation 10.

(7) In regulation 11—

(a) in the heading, for “not intended for intra-Area” substitute “for national”;

(b) in paragraph (1)—

(i) in the words before sub-paragraph (a), for “not intended for intra-Area” substitute “for national”;

(ii) in sub-paragraph (a), omit “regulation 5 or”;

(c) in paragraph (2), in the words before sub-paragraph (a), omit “Schedule 4 or”;

(d) in paragraph (3), omit the words from “provided” to the end.

(8) In regulation 12(c), omit the words from “in accordance” to “intra-Area trade,”.

(9) Omit regulations 13 to 15.

(10) In regulation 16—

(a) in the heading, for “not intended for use in intra-Area” substitute “for national”;

(b) in paragraph (1), for “not intended for intra-Area” substitute “for national”.

(11) In regulation 17, in the heading, for “use in intra-Area” substitute “national”.

(12) In regulation 18—

(a) in the heading, for “not intended for intra-Area” substitute “for national”;

(b) for “use other than in inter-Area” substitute “national”;

(c) omit “regulation 13 or”.

(13) Omit regulation 20(2).

(14) Omit Schedule 1.

(15) In Schedule 2—

(a) in the heading, for “purposes other than for intra-Area” substitute “national”;

(b) in paragraph 3—

(i) in the words before sub-paragraph (a), omit “either”;

(ii) for sub-paragraph (a) (together with the following “or”) substitute—

“(a) a permanent laboratory facility where the team has at its disposal—

(i) a work surface, a microscope and cryogenic equipment,

(ii) a room where bovine embryos can be manipulated, which is adjacent to but physically separate from the area used to handle the donor animals during collection,

(iii) a room or area equipped for cleansing and sterilising instruments and with equipment used in bovine embryo collection and manipulation, and

(iv) where micromanipulation of the bovine embryo which involves penetration of the zona pellucida is to be carried out, suitable laminar-flow facilities,”;

(iii) for sub-paragraph (b) substitute—

“(b) a mobile laboratory facility where the team has at its disposal—

(i) a work surface, a microscope and cryogenic equipment, and

(ii) a specially equipped part of the vehicle consisting of two separate sections, one for the examination and manipulation of bovine embryos which is a clean section, and the other for accommodating equipment and materials used in contact with the donor animals,”.

(16) In Schedule 4—

(a) in the heading—

(i) for “the purposes of intra-Area” substitute “national”;

(ii) in the shoulder heading, for “Regulations 10 and 11” substitute “Regulation 11”;

(b) in paragraph (1), for “intra-Area” substitute “national”.

(17) In Schedule 5—

(a) in the heading—

(i) omit “”10 or”;

(ii) in the shoulder heading, for “Regulations 10 and 12” substitute “Regulation 12”;

(b) in paragraph (1), omit “10 or”.

(18) In Schedule 6, in the heading, for “not intended for intra-Area” substitute “for national”.

(19) In Schedule 7—

(a) for paragraph 2 substitute—

“2.   Bovine embryos must be produced by an approved production team and must not come into contact with any other consignment of bovine embryos not meeting the requirements of these Regulations.”;

(b) in paragraph (13), in the first sentence, for “intra-Area” substitute “national”.

The Non-Commercial Movement of Pet Animals Order 2011

6.—(1) The Non-Commercial Movement of Pet Animals Order 2011(8) is amended as follows.

(2) In article 4(1), omit sub-paragraph (b) (together with the preceding “and”).

(3) In article 5(1)(c), for “another” substitute “a”.

(4) In article 11—

(a) in paragraph 2(b)—

(i) for “carrier or a” substitute “carrier,”;

(ii) after “Union carrier” insert “UK air carrier or United Kingdom carrier,”;

(b) in paragraph 6—

(i) in the definition of “Community air carrier”—

(aa) for “has” substitute “and “UK air carrier” have”;

(bb) omit the “and” at the end;

(ii) in the definition of “Union carrier”, for “and amending Regulation (EC) No 2006/2004” to the end substitute “as it applies in the European Union(9) as amended from time to time; and”;

(iii) after the definition of “Union carrier” insert—

““United Kingdom carrier” has the meaning given by Article 3 of Regulation (EU) No 1177/2010 of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway, and for the purposes of travelling by sea and inland waterway, “recognised assistance dog” shall be interpreted in accordance with that Regulation.”.

(5) In article 15(2), omit “, including any representative of the European Commission”.

(6) Omit articles 19 and 22(2).

(1)

S.I. 1974/2211; relevant amending instruments are S.I. 2011/2883, 2014/3158, S.S.I 2012/177.

(2)

S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575, 1037.

(3)

S.I. 2011/2379 (W. 252), amended by S.I. 2014/3158.

(4)

S.S.I. 2012/177, amended by S.S.I. 2012/198, 199, 2015/100, 401, S.I. 2014/3158.

(5)

S.I. 1992/3161.

(6)

S.I. 1995/2439, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1995/2478, to which there are amendments not relevant to these Regulations.

(8)

S.I. 2011/2883, amended by S.I. 2014/3158; there are other amending instruments but none is relevant.

(9)

OJ No L 364, 9.12.2004, p. 1.