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

Commission Decision 2009/821/EC drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces

31.—(1) Commission Decision 2009/821 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces is amended as follows.

(2) In Article 1, in paragraph 1—

(a) in point (b)—

(i) omit “Commission”,

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

(b) in point (c), omit “in Traces”.

(3) In Article 2—

(a) omit point (a);

(b) in point (b)—

(i) for the definition of “central unit”, substitute “the competent authority of the relevant part of the United Kingdom”,

(ii) for the definition of “regional unit”, substitute “any designated regional competent authority”,

(iii) for the definition of “local unit”, substitute “any designated local authority with responsibility for enforcement”,

(iv) in point (b)(iv), for “listed in Annex I” substitute, “as published by the appropriate authority from time to time”;

(c) after point (b)(iv) insert—

“(c) “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:

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

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

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

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

(4) In Article 3—

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

(b) for “listed in Annex I”, substitute “as published by the appropriate authority from time to time”.

(5) In Article 4—

(a) in paragraph 1—

(i) for the first reference to “Commission”, substitute “appropriate authority”,

(ii) for “listed in Annex I”, substitute “as published by the appropriate authority frm time to time”,

(iii) for the second reference to “Commission”, substitute “official”,

(iv) omit the words from “together” to the end;

(b) in paragraph 2—

(i) in point (a), for “Community”, substitute “relevant part of the United Kingdom”,

(ii) in point (b), for “Community Rules”, substitute “national rules”.

(6) In Article 5—

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

(b) in the words before point (a)—

(i) for “Commission”, substitute “appropriate authority”,

(ii) for “Member State”, substitute “appropriate authorities for the other parts of the United Kingdom”,

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

(c) in point (a), for “Article 3(a) of Regulation (EC) No 998/2003”, substitute “Article 3(a) and (b) of Regulation (EU) No 576/2013”;

(d) in point (d)—

(i) for “into EU territory” substitute “into the United Kingdom”,

(ii) after “Article 3 Directive 97/78”, insert “as it applies in the European Union on exit day”.

(7) In Article 6—

(a) for the heading, substitute “Designation of regional and local units”;

(b) omit paragraph 1;

(c) for paragraph 2, substitute—

“2.   The appropriate authority must only designate a veterinary unit if that unit has adequate equipment to make it compatible with the functioning of the United Kingdom’s system for the notification of imports;”;

(d) in paragraph 3, for “Member States must ensure that all parts of their territory”, substitute “The appropriate authorities must ensure that all parts of the United Kingdom”.

(8) In Article 7—

(a) in the heading, omit “in Traces”;

(b) in the text—

(i) omit “Traces”,

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

(9) Omit Article 9.

(10) Omit Annexes 1 and 2.