The Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union, amend the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379) (W. 252) (“the 2011 Regulations”) and amend the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018 (S.I. 2018/650) (W. 122) (“the 2018 Regulations”). The 2011 Regulations require consignments of animals or animal products that are being imported into, or transiting through, Wales to comply with animal and public health requirements of EU Directives, Regulations and Decisions that are set out in Schedule 1 to those Regulations. The 2018 Regulations set out fees payable to the Welsh Ministers for approvals and inspections in the field of animal health.

In Part 2, regulation 3(5) amends regulation 35 and regulation 3(6) amends regulation 38 of the 2011 Regulations to correct minor errors made in previous amendments made under the European Union (Withdrawal) Act 2018.

Regulation 3(8) amends Schedule 3 to the 2011 Regulations in relation to the scope of exemptions from official controls at border control posts for animals intended for scientific purposes.

Regulation 3(2) to (4) and (7) amends the 2011 Regulations to replace the requirement for compliance with Schedule 1 with a requirement to comply with a new updated list of legislative provisions. The new updated list is set out in regulation 4(2) of these Regulations.

In Part 3, regulation 4 lists the legislative provisions that replace Schedule 1 to the 2011 Regulations and contain the animal and public health requirements for importation into Wales.

In Part 4, regulation 5 introduces the list of functions set out in the Schedule and confers them on the Welsh Ministers as appropriate authority in relation to Wales. Regulation 6 sets out the regulation-making procedure for the exercise of any functions listed in the Schedule that are legislative powers.

In Part 5, regulations 7 to 19 modify the provisions of the EU Directives listed in regulation 4(2)(a) and the functions and associated provisions of those EU Directives listed in the Schedule.

Part 6 amends the 2018 Regulations to correct a minor error made in a previous amendment made under the European Union (Withdrawal) Act 2018.

The Schedule lists the provisions of the EU Directives that contain functions conferred on the Welsh Ministers as appropriate authority, together with any other provisions that are either relevant or connected to the exercise of a listed function.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.