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

Modifications to Directive 2002/99 E+W+S

19.—(1) Directive 2002/99 is modified as follows.

(2) Article 1 is to be read as if—

(a) in the first paragraph, for “and distribution within the Community and the introduction from third countries” there were substituted “and introduction from third countries, for importation into Great Britain,”;

(b) in the second paragraph, for “Directives 89/662/EEC and 97/78/EC and the Directives” there were substituted “the Official Controls Regulation and the legislation”.

(3) Article 2 is to be read as if—

(a) in the first paragraph, for “Directive 97/78/EC” there were substituted “the Official Controls Regulation”;

(b) in point 2, in the definition of “introduction”—

(i) for the words from “one of the territories listed in Annex I to Directive 97/78/EC” to the end there were substituted—

“Great Britain to present those goods to Customs on import, in accordance with section 34 of the Taxation (Cross-Border Trade) Act 2018(1), and place them under the control of an HMRC officer for the purpose of—

(a) the customs procedures referred to in section 3 of that Act; or

(b) where a temporary storage declaration has been made in accordance with regulation 8(2) of the Customs (Import Duty) (EU Exit) Regulations 2018(2)—

(i) making a Customs declaration in accordance with paragraph 1(1) of Schedule 1 to the Taxation (Cross-Border Trade) Act 2018; or

(ii) deciding whether the goods must be exported or destroyed.”;

(ii) after point (2), there were inserted—

“2A.   “HMRC officer” has the meaning given in section 37(1) of the Taxation (Cross-Border Trade) Act 2018.”;

(iii) points 3 and 4 were omitted.

(4) The title of Chapter 1 is to be read as if for “WITHIN THE COMMUNITY” there were substituted “INTENDED FOR IMPORTATION INTO GREAT BRITAIN”.

(5) Article 3 is to be read as if—

(a) in paragraph 1—

(i) for “Member States shall” there were substituted “Food business operators must”;

(ii) for “, processing and distribution of” there were substituted “and processing of”;

(iii) for “within the Community” there were substituted “intended for importation into Great Britain”;

(iv) for “food business operators” there were substituted “they”;

(b) in paragraph 2, for “Community legislation” there were substituted “legislation in force in the relevant constituent territory of Great Britain”;

(c) in paragraph 3—

(i) in point (a), for “the rules” there were substituted “rules equivalent to the legislation”;

(ii) in point (c), for “Directive 91/67/EEC” there were substituted “the Aquatic Animal Health Regulations and Regulation (EC) 1251/2008”.

(6) Article 4 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (i)—

(aa) “Member states may authorise” were omitted;

(bb) after “suspected of being infected,” there were inserted “may be authorised”;

(ii) in point (iv)—

(aa) for “Member State” there were substituted “competent authority of the third country”;

(iii) in the second subparagraph, for the words from “in accordance with Annexes II and III(1)” to the end there were substituted—

“in accordance with—

(a) any detailed rules adopted by the appropriate authority by regulations or

(b) where detailed rules are yet to be adopted under point (a), Annex 3 or any relevant detailed rules under any enactment in force in the relevant constituent territory of Great Britain.”;

(b) in paragraph 2—

(i) for “Directive 91/67/EEC” there were substituted “the Aquatic Animal Health Regulations and Regulation (EC) 1251/2008”;

(ii) for the words from “in accordance with further conditions” to the end there were substituted—

“in accordance with—

(a) any further conditions adopted by the appropriate authority by regulations or

(b) where conditions are yet to be adopted under subparagraph (a), any further conditions set out under any enactment in force in the relevant constituent territory of Great Britain.”;

(c) in paragraph 3—

(i) in the first subparagraph, for “in certain situations, in accordance with the procedure referred to in Article 12(2)” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(ii) in the second subparagraph—

(aa) for “the Community shall” there were substituted “Great Britain may”;

(bb) for “be adopted in accordance with the same procedure” there were substituted “also be adopted by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”.

(7) Article 7 is to be read as if—

(a) “Member States shall take measures to ensure that” were omitted;

(b) for “are” there were substituted “may be”;

(c) after “third countries” there were inserted “into Great Britain”;

(d) for “, processing and distribution of” there were substituted “and processing of”;

(e) “in the Community” were omitted.

(8) Article 8 is to be read as if—

(a) in the heading, for “Community rules” there were substituted “national legislation”;

(b) in the words before paragraph 1, for “the following shall be established in accordance with the procedure referred to in Article 12(2)” there were substituted “the requirements in paragraphs 1 to 5 may be established by the appropriate authority by regulations”;

(c) in paragraph 1—

(i) in the second sentence—

(aa) for “a Community” there were substituted “an”;

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

(ii) in the third sentence, in point (c), for “the Community” there were substituted “Great Britain”;

(iii) in the third sentence, in point (f)—

(aa) “Community” were omitted;

(bb) for “Commission” there were substituted “appropriate authority”;

(iv) in the third sentence, in point (g), for “the Community” there were substituted “Great Britain”;

(d) paragraph 2 were omitted;

(e) in paragraph 3, “shall be established in accordance with the procedure referred to in Article 12(2)” were omitted;

(f) in paragraph 4, “shall be established in accordance with the procedure referred to in Article 12(2)” were omitted;

(g) in paragraph 5, “, may be established in accordance with the procedure referred to in Article 12(2)” were omitted.

(9) Article 9 is to be read as if—

(a) for the title there were substituted “Health certificates”;

(b) in paragraph 1—

(i) for the words from “A veterinary certificate” to “Annex IV” there were substituted “A relevant health certificate, in the form published by the appropriate authority from time to time, that meets the requirements of Article 3 of Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods(3)”;

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

(c) in paragraph 2—

(i) in the words before point (a), for “veterinary” there were substituted “health”;

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

(iii) in point (b), for “established in accordance with the procedure referred to in Article 12(2)” there were substituted “established or applied under Article 8(4), or applied by other relevant legislation in force in the relevant constituent territory of Great Britain”;

(d) in paragraph 3—

(i) for “Documents” there were substituted “Health certificates”;

(ii) “Community” were omitted;

(iii) after “animal health legislation” there were inserted “in force in the relevant constituent territory of Great Britain”;

(e) in paragraph 4—

(i) for “In accordance with the procedure referred to in Article 12(2)” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations,”;

(ii) in point (a), for “provisions may be made” there were substituted “make provision”;

(iii) point (b) were omitted;

(iv) in point (c)—

(aa) at the beginning of that sentence, there were inserted “establish”;

(bb) “may be established” were omitted.

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

“11.   The appropriate authority may by regulations modify the Annexes or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022 in order to take account in particular of—

(i) scientific opinions and scientific knowledge, particularly concerning new risk assessments;

(ii) technical developments; and

(iii) the setting of safety targets for animal health.”.

(11) Annex 1 is to be read as if for that Annex there were substituted.

“ANNEX 1 E+W+S

Diseases of relevance to products of animal origin intended for importation into Great Britain and for which control measures have been introduced under animal health legislation

Disease	Legislation
Classical swine fever	The Diseases of Swine Regulations 2014 (S.I. 2014/1894), implementing Council Directive 2001/89 on Community measures for the control of classical swine fever
African swine fever	The Diseases of Swine Regulations 2014 (S.I. 2014/1894), implementing Council Directive 2002/60/EC laying down specific provisions for the control of African swine fever
Rinderpest (Cattle Plague)	The Cattle Plague Order of 1928 (S.I. 1928/206)
Sheep and goat plague (Peste des Petits ruminants)	The Specified Diseases (Notification and Slaughter) Order 1992 (S.I. 1992/3159) and the Specified Diseases (Notification) Order 1996 (S.I. 1996/2628)
Swine vesicular disease	The Diseases of Swine Regulations 2014 (S.I. 2014/1894), implementing Council Directive 91/119/EEC introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease
Foot-and-mouth disease	The Foot-and-Mouth Disease Orders, implementing Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease
Avian influenza	The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 (S.I. 2006/2702), the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 (S.I. 2006/2927 (W, 262)) and the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 (S.S.I. 2006/336), the Avian Influenza (Preventive Measures) (England) Regulations 2006 (S.I. 2006/2701), the Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803 (W. 242)) and the Avian Influenza (Preventive Measures) (Scotland) Order 2007 (S.S.I. 2007/69), implementing Council Directive 2005/94/EC on Community measures for the control of avian influenza
Newcastle disease	The Diseases of Poultry Orders, implementing Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease
Aquaculture diseases	The Aquatic Animal Health Regulations and Regulation (EC) 1251/2008”.

(12) Annex 3 is to be read as if, in the first table concerning meat, in the column entitled “Meat Treatment”, in the eighth row of that table concerning point “(g)”, for “Article 12(2) procedure following an opinion by the relevant Scientific Committee” there were substituted “appropriate authority, in regulations made under Article 4(1)(iv)(a)”.

Commencement Information

I1 Reg. 19 in force at 13.12.2022, see reg. 2

(1)

2018 c. 22.

(2)

S.I. 2018/1248, as amended by S.I. 2018/1249, 2019/108, 326, 385, 486, 1215 and 1346, 2020/967, 1088, 1234, 1431, 1449, 1491, 1552 and 1629, 2021/478, 697, 830, 1156, 1205, 1347 and 1444, and 2022/271 and 628; there are other amending instruments but none is relevant.

(3)

EUR 2019/628, as amended by S.I. 2020/1631.