The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements

53.—(1) Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) in the words before point (a), for “the Community” substitute “Great Britain”,

(ii) in the words after point (b), for “the Community” substitute “Great Britain”;

(b) in paragraph 3, for “Community agreements with” substitute “agreements between the United Kingdom and”.

(3) In Article 2, after the definition in numbered point (20), insert—

“(21) ‘appropriate authority’ means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); 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.

(22) ‘third country’ means any country or territory other than the British Islands.”.

(4) In Article 3—

(a) in the heading for “the Community” substitute “Great Britain”;

(b) in the text, for “the Community” substitute “Great Britain”.

(5) In Article 4—

(a) for paragraph 1 substitute—

“1.   Commodities imported into Great Britain shall be accompanied by a veterinary certificate, in the form published by the appropriate authority from time to time, for the commodity concerned, completed in accordance with any notes in relation to that certificate.”;

(b) in paragraph 2, for “as set out in Annex II” substitute “in the form published by the appropriate authority from time to time”;

(c) in paragraph 3—

(i) in the words before point (a), for “the Community” substitute “Great Britain”,

(ii) in point (a), for “the EC” substitute “Great Britain”;

(d) in paragraph 4—

(i) for “the Community” substitute “Great Britain”;

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

(e) in paragraph 5, for “Articles 12 and 13 of Directive 97/78/EC” substitute “Commission Delegated Regulation (EU) 2019/2124”;

(f) in paragraph 6, omit “harmonised at Community level”.

(6) In Article 5, in paragraph 1—

(a) in the words before point (a), for “the Union” substitute “Great Britain”;

(b) in point (e), for “Member State of destination” substitute “appropriate authority”.

(7) For Article 6 substitute—

“Article 6 Examination, sampling and testing procedures

1.   Paragraph 2 applies where examination, sampling and testing for avian influenza, Mycoplasma, Newcastle disease, Salmonella, and other pathogens of animal or public health significance is required for imports of commodities into Great Britain in accordance with the relevant certificate, in the form published by the appropriate authority from time to time.

2.   The commodities shall only be imported into Great Britain where standards and procedures that are at least equivalent to those described in Annex III have been carried out by the competent authority of the third country concerned or, where appropriate, by the relevant competent authority of Great Britain.”.

(8) In Article 7—

(a) in the words before point (a), for “the Community” substitute “Great Britain”;

(b) in point (a), for “Commission” substitute “appropriate authority”;

(c) in point (b)—

(i) for “the Community reference laboratory” substitute “a laboratory which has been approved by the appropriate authority as a national reference laboratory,”,

(ii) for “the Community” substitute “Great Britain”;

(d) in point (c), for “Commission” substitute “appropriate authority”.

(9) In Article 8, in paragraph 1, in the words before point (a), for “the Community” substitute “Great Britain”.

(10) In Article 9, in paragraph 1, for “the Community” substitute “Great Britain”.

(11) In Article 10—

(a) in the words before point (a), for “Community” substitute “Great Britain”;

(b) in point (b), for “Commission” substitute “appropriate authority”.

(12) In Article 11—

(a) in the words before point (a), for “the Community” substitute “Great Britain”;

(b) in point (b), for “Commission” substitute “appropriate authority”.

(13) In Article 12, in paragraph 1, in the words before point (a), for “the Community” substitute “Great Britain”.

(14) In Article 13, in paragraph 2, for “the Community” substitute “Great Britain”.

(15) In Article 15—

(a) in the words before point (a), for “the Community” substitute “Great Britain”;

(b) in point (c), for “the Community” substitute “Great Britain”.

(16) In Article 16—

(a) in the words before point (a), for “the Community” substitute “Great Britain”;

(b) in point (b), in each place, for “the Community” substitute “Great Britain”.

(17) In Article 17, for “the Community” substitute “Great Britain”.

(18) Omit Chapter V (Articles 18 and 18a).

(19) Omit Article 20.

(20) In Article 21, omit the final paragraph.

(21) In Annex 1—

(a) in Part 1—

(i) in the table, below the row for China insert—

“(#) This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.”;
“EU member States, Liechtenstein and Norway (#)		Whole country of each state	SPF
			BPP, BPR, DOC, DOR, HEP, SRP, SRA, LT20
			WGM
			EP, E, POU, RAT

(ii) in footnotes to the table—

(aa) in footnotes 1 and 2, for “the Union”, in each place, substitute “Great Britain”;

(bb) in footnote 3 (Switzerland), for the text substitute “This is subject to any specific certification requirements for imports from Switzerland, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.”;

(b) in Part 2—

(i) omit the heading “Model Veterinary Certificates”;

(ii) omit the section headed “Model(s):”;

(iii) in the section headed “Additional Guarantees (AG):” omit point IX;

(iv) in the section headed “Salmonella control programme:”—

(aa) for “the Community” in each place, substitute “Great Britain”;

(bb) for “Commission” in each place, substitute “appropriate authority”;

(cc) for “the Union” in each place, substitute “Great Britain”;

(v) in the section headed “Specific Conditions:”—

(aa) in point P2, for “the Community” substitute “Great Britain”;

(bb) in point P3, for “the Community” substitute “Great Britain”;

(cc) in point N, for “the Union”, in each place, substitute “Great Britain”,

(vi) omit the section headed “Notes” and the remainder of Annex 1 (the model certificates).

(22) Omit Annex 2.

(23) In Annex 3—

(a) in the heading, for “Community Acts” substitute “Legislative Requirements”;

(b) in Part 1—

(i) in the heading, for “the Community” substitute “Great Britain”;

(ii) in point 2, in the third indent, after “2009/158/EC” insert “(to be read as if for “Community legislation” in point (d) there were substituted “relevant legislation in Great Britain”, and as if paragraph 2 were omitted)”;

(iii) in point 8.2, for “the Union” substitute “Great Britain”;

(iv) in point 8.3, for “the Union”, in each place, substitute “Great Britain”;

(v) in point 8.4, for “the Union” substitute “Great Britain”;

(c) in Part 2, in the heading, for “the Community” substitute “Great Britain”.

(24) In Annex 4, in Part 1, point 11, for “(avian influenza national reference laboratory, OIE or Community reference laboratory for avian influenza)” substitute “(a laboratory which has been approved by the appropriate authority as a national reference laboratory for avian influenza or OIE)”.

(25) In Annex 7, Part 1, points 1(a), (b) and (d), for “the Community”, in each place, substitute “Great Britain”.

(26) In Annex 8—

(a) in Part 1—

(i) in paragraph 1—

(aa) for “the Community” substitute “Great Britain”;

(bb) for “as strict as those laid down” substitute “equivalent to those described”;

(ii) in paragraph 3—

(aa) in the first place it occurs, for “the Community” substitute “Great Britain”;

(bb) for “in one of the official languages of the Community” substitute “in English, whether or not it also appears in other languages”;

(b) in Part 2, in paragraph 2, omit the second subparagraph.

(27) In Annex 9—

(a) in Part 2—

(i) in paragraph 1, for “Directive 91/496/EEC” substitute “Regulation (EU) 2017/625”;

(ii) in paragraph 3, omit the second subparagraph;

(b) in the heading to Part 3, for “the Community” substitute “Great Britain”;

(c) in Part 4—

(i) omit point (c);

(ii) in point (d), for “points (b) and (c)” substitute “point (b)”.

(28) In Annex 10, in Part 1, for “the Community”, in each place, substitute “Great Britain”.

(29) Omit Annex 11.

(30) In Annex 12, in the heading, for “Article 20” substitute “Article 19”.