The Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022

Modifications to Directive 92/118 E+W+S

18.—(1) Directive 92/118 is modified as follows.

(2) Article 1 is to be read as if—

(a) in the first paragraph, for “trade in and imports into the Community of” to the end there were substituted—

“the importation into Great Britain of—

(a) products of animal origin (including trade samples taken from such products) not subject to—

(i) in respect of animal health, requirements laid down in Directive 2002/99,

(ii) in respect of public health, requirements laid down in Regulation (EC) No 853/2004, and

(b) pathogenic agents.”;

(b) in the second paragraph—

(i) for “nor” there were substituted “and”;

(ii) “trade or” were omitted.

(3) Article 2 is to be read as if—

(a) in paragraph 1—

(i) point (a) were omitted;

(ii) in point (c), in the definition of “serious transmissible disease”, for “all diseases covered by Directive 82/894/EEC” there were substituted “the diseases listed in Annex 1A”;

(iii) in point (d), in the definition of “pathogenic agents”, for “Directive 90/677/EEC” there were substituted “the Veterinary Medicines Regulation 2013”;

(iv) in point (f), in the definition of “processed animal protein intended for human consumption”—

(aa) after “means greaves,” there were inserted “as defined in point 7.6 of Annex 1 to Regulation (EC) 853/2004, and”;

(bb) for “referred to in Article 2(b) of Directive 77/99/EEC” there were substituted “which are treated as “meat products” for the purposes of that Regulation”;

(v) after point (f) there were inserted—

“(g) establishment has the meaning given in Article 2 of Regulation (EC) No 852/2004;

(h) holding means an agricultural establishment or premises of a dealer in which the animals referred to in points 1.2 to 1.8 of Annex 1 to the Official Controls Regulation are held or regularly kept or, in relation to equidae, a holding as defined in Article 2(a) of Directive 2009/156;

(i) placing on the market has the meaning given in Article 3 of Regulation (EC) No 178/2002.”;

(b) in paragraph 2, for “Article 2 of Directives 89/662/EEC, 90/425/EEC and 90/675/EEC” there were substituted “Article 3 of the Official Controls Regulation”.

(4) Article 3 is to be read as if—

(a) the words before the first indent were omitted;

(b) in the first indent—

(i) “trade in and” were omitted;

(ii) for “are not” there were substituted “must not be”;

(iii) for “Community legislation” there were substituted “legislation in force in the relevant constituent territory of Great Britain”;

(c) in the second indent—

(i) for the words from “whose placing on the market” to “Decision 81/651/EEC, of” there were substituted “that is authorised in Great Britain to be placed on the market may not be imported into Great Britain, until a decision has been taken on”;

(ii) after “focus of disease or” there were inserted “become”;

(iii) after “a risk to human health” there were inserted “, including whether any special requirements should be imposed prior to import, in accordance with the first paragraph of Article 15.”;

(d) for the third indent there were substituted—

“— the following products of animal origin may not be imported from third countries unless they meet the relevant animal health requirements in this Directive—

(i) meat extracts, meat powder and powered rind, treated as “meat products” for the purposes of Regulation (EC) No 853/2004;

(ii) rendered animal fat as defined in point 7.5 of Annex I to Regulation (EC) No 853/2004;

(iii) greaves as defined in point 7.6 of Annex I to Regulation (EC) No 853/2004;

(iv) salted or dried blood, salted or dried blood plasma, treated as “meat products” for the purposes of Regulation (EC) No 853/2004;

(v) treated stomachs, bladders and intestines as defined in point 7.9 of Annex I to Regulation (EC) No 853/2004.”.

(5) The title of Chapter 2 is to be read as if for that title there were substituted “Guarantees applicable to imports for the purposes of Article 9”.

(6) Article 4 is to be read as if—

(a) in the words before point (1)—

(i) omit “Member States shall take the necessary measures to ensure that, for the purposes of applying Article 4(1) of Directive 89/662/EEC and Article 4(1)(a) of Directive 90/425/EEC,”;

(ii) for “the particular provisions to be adopted” there were substituted “any provisions adopted”;

(iii) for “the subject of trade” there were substituted “imported into Great Britain”;

(b) in point (2)(a), in the seventh indent—

(i) for “trade” there were substituted “importation into Great Britain”;

(ii) for “commercial document” there were substituted “health certificate, as provided for in Article 10(2)(c),”.

(7) Article 5 is to be read as if—

(a) in the first paragraph—

(i) “Member States shall ensure that every necessary measure is taken to guarantee that” were omitted;

(ii) for “are not dispatched for the purposes of trade” there were substituted “must not be imported into Great Britain”;

(iii) for “movements or trade” there were substituted “imports”;

(iv) for “the Member States” there were substituted “Great Britain”;

(v) for “Community legislation” there were substituted “legislation in force in the relevant constituent territory of Great Britain”;

(b) in the second paragraph—

(i) for “movement” there were substituted “import”;

(ii) for “under the procedure laid down in Article 18” there were substituted “by the appropriate authority by regulations”.

(8) Article 6 is to be read as if for that Article there were substituted—

“6.   Importation of pathogenic agents may be subject to rules set out by the appropriate authority by regulations.”.

(9) The title of Chapter 3 is to be read as if for “the Community” there were substituted “Great Britain”.

(10) Article 10 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “the Community” there were substituted “Great Britain”;

(ii) in point (a), for “to be drawn up and updated in accordance with the procedure provided for in Article 18” there were substituted “authorised by legislation in force in the relevant constituent territory of Great Britain. The appropriate authority may by regulations draw up lists of third countries from which the products covered by this Directive may be imported”;

(iii) in point (b)—

(aa) “Community” were omitted;

(bb) for “the procedure laid down in Article 18” there were substituted “Article 127(3)(e) of the Official Controls Regulation”;

(iv) in point (c)—

(aa) for “an animal health or public health certificate corresponding to a specimen to be drawn up under the procedure provided for in Article 18” there were substituted “the relevant health certificate, in the form published by the appropriate authority from time to time”;

(bb) for “any other” there were substituted “the”;

(cc) “recognized under the same procedure” were omitted;

(b) in paragraph 3—

(i) in the words before point (a), for “Under the procedure provided for in Article 18” there were substituted “The appropriate authority may by regulations set out”;

(ii) in point (a)—

(aa) “shall be established” were omitted;

(bb) for “the Community” there were substituted “Great Britain”;

(cc) the final subparagraph were omitted;

(iii) in point (c), “shall be established” were omitted;

(c) in paragraph 4, for “The decisions provided for in paragraphs 2 and 3 must be taken on the basis of evaluation and, if appropriate, the opinion of the Scientific Veterinary Committee,” there were substituted “Any decisions or regulations made under paragraphs 2 and 3 must be made on the basis of an evaluation”;

(d) paragraphs 5 and 6 were omitted.

(11) Article 11 is to be read as if for that Article there were substituted—

“11.   The appropriate authority may by regulations stipulate specific animal health requirements for imports into Great Britain of, and the nature and content of accompanying documents for, products referred to in Annex 1 intended for experimental laboratories.”.

(12) Article 13 is to be read as if—

(a) in paragraph 1—

(i) “Member States may, by issuing an appropriate licence, permit” were omitted;

(ii) after “trade samples” there were inserted “may be permitted provided that they are accompanied by an authorisation issued by the appropriate authority”;

(b) in paragraph 2—

(i) for “licence” there were substituted “authorisation”;

(ii) for “Directive 90/675/EEC” there were substituted “the Official Controls Regulation”;

(c) paragraph 3 were omitted.

(13) Article 15 is to be read as if for that Article there were substituted—

“15.   The appropriate authority may by regulations adopt any new Annex laying down specific requirements for other products capable of presenting a real risk of spreading serious transmissible diseases or a real risk to human health.

The appropriate authority may by regulations modify the Annexes where the need arises in compliance with, where applicable, the general principles set out in the second indent of Article 3, or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022.”.

(14) Annex 1 is to be read as if—

(a) in Chapter 2, point A is omitted;

(b) in Chapter 5—

(i) in the words before point 1, “Trade in and” were omitted;

(ii) points 1 and 2 were omitted;

(iii) in point 3—

(aa) “where imports are concerned,” were omitted;

(bb) for “Directive 72/462/EEC” there were substituted “Directive 2002/99”;

(c) in Chapter 6, in point 1—

(i) in the words before point A, “trade in and” were omitted;

(ii) point A were omitted;

(iii) in point B—

(aa) the words before point (1) (“as regards imports”) were omitted;

(bb) in point (1)(a), for “Directive 80/215/EEC” there were substituted “Directive 2002/99”;

(cc) in point (2), for “inspection” there were substituted “control”;

(dd) in point (3), for “for release for free circulation in Community territory of consignments of processed animal protein, to prove” there were substituted “as regards imports into Great Britain of consignments of processed animal protein, to proving”;

(iv) point C were omitted.

(d) in Chapter 6, in point 2—

(i) for “Member States may carry out” there were substituted “Where”;

(ii) after “random sampling” there were inserted “has been carried out”;

(iii) for “negative. Where during one of these checks” there were substituted “negative, and”;

(e) in Chapter 6, in point 3—

(i) “Member States must keep” were omitted;

(ii) after “undergone sampling” there were inserted “must be kept by the appropriate authority”;

(f) in Chapter 6, in point 4—

(i) for “Article 3(3) of Directive 89/662/EEC” there were substituted “Article 51(1)(c) of the Official Controls Regulation”;

(ii) for the words from “approved under the procedure” to the end there were substituted “designated as border control posts under Article 59(1) of the Official Controls Regulation”;

(g) in Chapter 6, in point 5, for the words from “it is either:” to the end there were substituted “control measures must be taken in accordance with Article 66 of the Official Controls Regulation”;

(h) in Chapter 7, in Section 1—

(i) point A were omitted;

(ii) in point B(1)—

(aa) in the first sentence, “pursuant to Council Directive 72/462/EEC” were omitted;

(bb) in the second sentence, for “Directive 91/494/EEC” there were substituted “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(1)”;

(iii) in point B(2)—

(aa) “, including those referred to in Council Directive 77/99/EEC” were omitted;

(bb) for “Directive 72/462/EEC” there were substituted “Directive 2002/99”;

(i) in Chapter 7, in Section 3, for “are to be adopted, where necessary, in accordance with the procedure laid down in Article 18” there were substituted “may be set out by the appropriate authority by regulations”;

(j) in Chapter 9, in point (1)—

(i) “Member States shall authorize the importation into the Community of” were omitted;

(ii) for “annexed to Decision 79/542/EEC from which the importation of fresh meat of the species concerned is permitted” there were substituted “referred to in Article 10(2)(a) of this Directive may be imported into Great Britain”;

(k) Chapter 11 were omitted;

(l) after Annex 1, there were inserted—

“ANNEX 1A E+W+S SERIOUS TRANSMISSIBLE DISEASES

Diseases of terrestrial animals

A.  List A.1—

(1) African horse sickness.

(2) African swine fever.

(3) Anthrax.

(4) Avian influenza (HPAI in poult nd captive birds).

(5) Bluetongue.

(6) Bovine spongiform encephalopat

(7) Classical swine fever.

(8) Contagious bovine pleuropneum

(9) Dourine.

(10) Equine encephalomyelitis of the following types—

(a) Eastern equine encephalomyelitis

(b) Japanese encephalitis;

(c) Venezuelan equine encephalomye

(d) West Nile fever;

(e) Western equine encephalomyelitis.

(11) Equine infectious anaemia.

(12) Foot-and-mouth disease.

(13) Glanders.

(14) Lumpy skin disease.

(15) Newcastle disease.

(16) Peste des petits ruminants.

(17) Infection with rabies virus.

(18) Rift Valley fever.

(19) Rinderpest.

(20) Sheep pox and goat pox.

(21) Small hive beetle infestation (Aethina tumida).

(22) Swine vesicular disease.

(23) Tropilaelaps infestation of honey bees.

(24) Vesicular stomatitis.

List A.2—

(1) Bovine brucellosis.

(2) Bovine tuberculosis.

(3) Enzootic bovine leucosis.

(4) Caprine and ovine brucellosis (excluding Brucella ovis).

Diseases of aquaculture animals

B.— (1) Epizootic haematopoietic necrosis.

(2) Infectious haematopoietic necrosis.

(3) Infectious salmon anaemia (ISA); infection with genotype HPR-deleted of the genus Isavirus (ISAV).

(4) Infection with Perkinsus marinus.

(5) Infection with Mikrocytos mackini.

(6) Infection with Marteilia refringens.

(7) Infection with Bonamia ostreae.

(8) Infection with Bonamia exitiosa.

(9) Koi herpes virus disease.

(10) Taura syndrome.

(11) Viral haemorrhagic septicaemia.

(12) White spot disease.

(13) Yellowhead disease.”.

Commencement Information

I1 Reg. 18 in force at 13.12.2022, see reg. 2

(1)

EUR 2008/798, as amended by S.I. 2020/1462 and 1631, 2021/211 and 1454, and 2022/735.