The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

Amendments to Article 2

4.  In Article 2—

(a) for point (e)(i) (together with the following “or”) substitute—

“(i) entered or registered and eligible for entry in a studbook, in accordance with the rules laid down by Articles 4(3), 19(4), 30(9) and (10), 32, 33 and 34(1)(c) of, and Annex 1, Part 1 of Annex 2 and Annex 5 to—

• in relation to the United Kingdom, Regulation 2016/1012 of the European Parliament and of the Council”,

• in relation to member States, Regulation (EU) 2016/1012 of the European Parliament and of the Council(1) as it has effect in EU law, as amended from time to time,

• and identified by means of an identification document issued by a competent authority, or”;

(b) in point (f)(i)—

(i) after “recognised”, insert “by the appropriate authority or”;

(ii) after “agency of”, insert “the United Kingdom or of”;

(c) in point (h), for the words from “either” to the end substitute “to the slaughterhouse for slaughter, either directly or through an approved marshalling centre, referred to in—

(i) Article 2(b) of Council Regulation 1/2005/EC, or

(ii) in relation to intended slaughter in a member State, Council Regulation 1/2005/EC, as that Regulation has effect in EU law, as amended from time to time(2);”;

(d) for point (i) substitute—

“(i) ‘competent authority’ means—

(i) in the United Kingdom, the appropriate authority or any other authority to which the competence of that authority has been conferred, including an official veterinarian;

(ii) in a member State, the central authority of the member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC, as amended from time to time (‘the EU Directive’)(3);”;

(e) for point (j) substitute—

“(j) ‘zootechnical authority’ means—

(i) in the United Kingdom, the appropriate authority or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;

(ii) in a member State, the central authority competent for the implementation of Council Directive 90/427/EEC(4), as amended from time to time, or any authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Commission Decision 92/353/EEC, as that Decision has effect in EU law, as amended from time to time(5);”;

(f) for point (k) substitute—

“(k) ‘temporary admission’ means the status of a registered horse coming from a third country and admitted into the United Kingdom for a period of days pursuant to—

(i ) Article 3(1)(a) of Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;

(ii) a Decision adopted in accordance with Article 19(b) of the EU Directive;”;

(g) in point (l), after “the Union” insert “or the United Kingdom”;

(h) in point (r), after “designated by” insert “a competent authority of the United Kingdom,”;

(i) in point (t), at the end, insert “or, in the United Kingdom, the veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013(6)”;

(j) after point (t) , insert—

“(u) ‘third country’ means a country other than a member State;

(v) ‘constituent territory of the United Kingdom free of African horse sickness’ means a constituent territory of the United Kingdom in which—

(i) there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years, and

(ii) there have been no vaccinations against that disease during the previous 12 months;

(w) ‘constituent territory of the United Kingdom’ means England, Wales, Scotland, or Northern Ireland;

(x) ‘appropriate authority’ means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Scotland, the Scottish Ministers;

(iii) in relation to Wales, the Welsh Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(y) ‘the EU Regulation’ means Commission Implementing Regulation (EU) 2015/262(7), as that Regulation has effect in EU law, as amended from time to time.”.

(1)

OJ No L 171, 29.6.2016, p 66.

(2)

OJ No L 3, 5.1.2005, p 1.

(3)

OJ No L 192, 23.7.2010, p 1, as last amended by Commission Implementing Decision (EU) 2016/1840 (OJ No L 280, 18.10.16, p 33).

(4)

OJ No L 224, 18.8.1990, p 5, as repealed by Regulation (EU) 2016/1012 (OJ No L 171, 29.6.2016, p 66.). References to Council Directive 90/427 (other than to Article 8(1), which continues to have effect by virtue of Article 64(3) of that Regulation) are to take effect as references to that Regulation by virtue of Article 64 of that Regulation.

(5)

OJ No L 192, 11.7.1992, p 63.

(6)

S.I. 2013/2033.

(7)

OJ No L 59, 3.3.2015, p 1.