The Animal Breeding (Amendment) (EU Exit) Regulations 2019

Amendments to Chapter 2 (Recognition of breed societies and breeding operations and approval of breeding programmes) U.K.

4.—(1) In the heading, omit “in Member States”.

(2) In Article 4(3)(a), for “Member State” substitute “ constituent territory of the United Kingdom ”.

(3) In Article 5(2), omit from “At the same time” to the end.

(4) In Article 7—

(a) in paragraph 1—

(i) for “Member States”, in each place it occurs, substitute “ The competent authority ”;

(ii) for “their competent authorities” substitute “ they ”;

(b) in paragraph 2(b), omit point (ii);

(c) for paragraph 3 substitute—

“3.   Where the competent authority itself carries out a breeding programme, this must be included in the list provided for in paragraph 1.”;

(d) in paragraph 4, in each place it occurs, for “Member States” substitute “ the competent authority ”.

[F1 (5) In Article 8—

(a) in paragraph 1, after “breeding operation”, in the first place where it occurs, insert “recognised under Article 4(3)”;]

(6) In Article 10—

(a) in paragraph 1—

(i) in the words before point (a), for “that Member State” substitute “ the United Kingdom ”;

(ii) in point (c)(ii), for “territories of the Union” substitute “ constituent territories of the United Kingdom ”;

(b) in paragraph 2—

(i) in point (a), for “that Member State” substitute “ the United Kingdom ”;

[F2 (ii) in point (c), omit “in other Member States or”.]

(7) For Article 12 substitute—

“Article 12 U.K. Notification and approval of breeding programmes carried out in the United Kingdom by breed societies or breeding operations approved in a member State

[F3 1.   Where a breed society or breeding operation (within the meaning of Article 2 of the EU Regulation) approved either in accordance with Article 8(3) of the EU Regulation by a competent authority in a member State or by a competent authority in a third country in respect of which the appropriate authority has made regulations under Article 35, or a breeding body entered into the list under Article 34(1), intends to carry out a breeding programme on animals kept in the United Kingdom, that breed society, breeding operation or breeding body must notify the competent authority of the constituent territory of the United Kingdom where the animals are to be kept.;]

2.   The notification provided for in paragraph 1 must—

(a) be sent to the competent authority at least 90 days before the intended commencement date of the breeding programme in the United Kingdom;

(b) be provided in English [F4 and other languages may also appear].

3.   The competent authority of the constituent territory of the United Kingdom may, within 90 days from the date of receipt of the notification referred to in of paragraph 2(a), refuse to approve the carrying out on its territory of the breeding programme, where an approved breeding programme is already being carried out in the United Kingdom on purebred breeding animals of the same breed.

4.   The competent authority of the constituent territory of the United Kingdom must inform the competent authority which has recognised the breed society [F5 , breeding operation or breeding body] about the result of the notification provided for in paragraph 1 of this Article and, where it refuses to approve the carrying out on its territory of the breeding programme, must provide a reasoned explanation for the refusal.

5.   Failure by the competent authority of the constituent territory of the United Kingdom to reply to the notification referred to in paragraph 2(a) within 90 days from the date of receipt of that notification shall constitute approval.

6.   Where the competent authority of the constituent territory of the United Kingdom refuses to approve the breeding programme in accordance with paragraph 3, the competent authority, on an application by the [F6 breed society, breeding operation or breeding body], must reconsider the refusal to approve the breeding programme, taking into account any new information provided.

7.   The competent authority of the constituent territory of the United Kingdom may withdraw its approval of the breeding programme provided for under this Article where, for at least 12 months, no breeder in the constituent territory of the United Kingdom participates in that breeding programme.”.

Textual Amendments

F1 Reg. 4(5) substituted (31.12.2020 immediately before IP completion day) 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)(a), 28(3)(a)

F2 Reg. 4(6)(b)(ii) substituted (31.12.2020 immediately before IP completion day) 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)(a), 28(3)(b)

F3 Words in reg. 4(7) substituted (31.12.2020 immediately before IP completion day) 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)(a), 28(3)(c)(i)

F4 Words in reg. 4(7) inserted (31.12.2020 immediately before IP completion day) 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)(a), 28(3)(c)(ii)

F5 Words in reg. 4(7) substituted (31.12.2020 immediately before IP completion day) 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)(a), 28(3)(c)(iii)

F6 Words in reg. 4(7) substituted (31.12.2020 immediately before IP completion day) 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)(a), 28(3)(c)(iv)

Commencement Information

I1 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1