The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019

Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries

16.—(1) Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries is amended as follows.

(2) In Article 1, after paragraph 2, insert—

“3.   In this Regulation:

“the appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales), the Scottish Ministers (in relation to Scotland) and the Department of Agriculture, Environment and Rural Affairs (in relation to Northern Ireland); but “the appropriate authority” is the Secretary of State if consent is given by:

(a)

in relation to Wales, the Welsh Ministers;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

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

“EU-derived domestic legislation” means an enactment made under the European Communities Act 1972; and

“third country” means any country other than a member State or the British Islands”.

(3) In Article 2—

(a) in paragraph 1—

(i) for “on Community territory”, substitute “in the United Kingdom”,

(ii) for “as set out in Annex 3”, substitute “as published by the appropriate authority from time to time”;

(b) in paragraph 2, for “other relevant Community legislation”, substitute “relevant EU-derived domestic legislation”.

(4) In Article 3, in paragraph 4, for “Community”, substitute “United Kingdom”.

(5) In Article 6, in the first subparagraph—

(a) for “Community”, substitute “United Kingdom”;

(b) omit “of each Member State”.

(6) For Article 9, substitute—

“Article 9

Veterinary checks on imports of hay and straw from listed third countries

The appropriate authority must submit any imported hay or straw products from third countries listed in Annex 5 to the documentary checks referred to in Article 1(1) of this Regulation and any other physical checks set out in Annex 3 to Directive 97/78/EC taking into account the origin of the products and if they may give rise to the risk of spreading infectious or contagious animal diseases.”.

(7) Omit Article 12.

(8) In Annex 1, in paragraph 2—

(a) in point (b), for “Community, or, for non-harmonised products, to the Member State concerned”, substitute “United Kingdom”;

(b) in point (c), for the words “model” to the end, substitute “health certificate as published by the appropriate authority from time to time”;

(c) in point (f), for “Community, or, for non-harmonised products, to the Member State concerned”, substitute “United Kingdom”.

(9) In Annex 2—

(a) in paragraph 1—

(i) for “Member States”, substitute “The appropriate authority”,

(ii) for “Community legislation or, where applicable, national rules”, substitute “EU-derived domestic legislation”;

(b) in paragraph 3, omit “, a pervious notification from the rapid alert system for food and feed (RASFF)”;

(c) omit paragraph 4.

(10) Omit Annexes 3 and 4.