The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018

Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue

14.—(1) Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue is amended as follows.

(2) In Article 1, at the end, insert—

“References in this Regulation to Directive 2000/75/EC are to be read as if within that Directive—

(a) each function of the competent authority were a function of the appropriate Minister for the relevant constituent parts of the United Kingdom;

(b) each function of a Member State were a function of the appropriate Minister;

(c) functions of or involving the Commission were omitted;

(d) references to the Community were to be references to the United Kingdom;

(e) the last sentence of Article 7(2) were omitted;

(f) Articles 15(3), 16, 17 and Articles 19 to 23, and Annex 2 were omitted.”.

(3) In the second paragraph of Article 2—

(a) for subparagraph (b) substitute—

“(b) ‘outbreak of bluetongue’ means the holding or place where animals are assembled and where one or more cases has or have been officially confirmed and Culicoides are believed to be actively transmitting the bluetongue virus;”;

(b) for subparagraph (c) substitute—

“(c) ‘primary outbreak of bluetongue’ means an outbreak of bluetongue—

(i) that is not epidemiologically linked with a previous outbreak in the United Kingdom; or

(ii) that implies the demarcation of a restricted zone or a change in an existing restricted zone where an outbreak of bluetongue may not have been confirmed;”;

(c) in subparagraph (e), for “a member State” substitute “the United Kingdom”;

(d) at the end of subparagraph (f) insert—

“(g) “the competent authority” means the appropriate Minister for the relevant constituent part of the United Kingdom;

(h) “the appropriate Minister” means—

(i) in relation to England, the Secretary of State;

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

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

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

(i) ‘exit point’ means any place situated in close proximity to the external frontier of a member State offering customs supervision facilities;

(j) ‘third country’ means any country other than the United Kingdom or a Member State.”.

(4) For Article 3 substitute—

“Article 3

The appropriate Minister must inform each other authority who in relation to any constituent part of the United Kingdom is the appropriate Minister of primary outbreaks of bluetongue.”.

(5) In Article 4, for “Member States” substitute “The appropriate Minister”.

(6) In Article 6—

(a) for paragraph 1, substitute—

“1.   Each authority who in relation to any constituent part of the United Kingdom is the appropriate Minister must—

(a) draw up and keep updated a list of the restricted zones in that constituent part of the United Kingdom;

(b) make that information available to the public, together with details of the bluetongue virus serotypes circulating in each zone;

(c) share that information with each other authority who in relation to any constituent part of the United Kingdom is the appropriate Minister and notify them of any change in the situation of those zones within 24 hours.”;

(b) for paragraph 2 substitute—

“2.   Before taking any decision to remove an epidemiologically relevant geographical area from a restricted zone, the appropriate Minister must demonstrate the absence of bluetongue virus circulation in that area during a period of two years, including at least two vector activity seasons, following the implementation of the bluetongue monitoring and surveillance programme in accordance with paragraph 3 of Annex 1.”;

(c) omit paragraphs 3, 4 and 5.

(7) In Article 7—

(a) in paragraph 2a—

(i) in the first subparagraph, for “Member States” substitute “The appropriate Minister”;

(ii) omit the second and third subparagraphs;

(b) omit paragraphs 3 and 4.

(8) In Article 8—

(a) in paragraph 2, for “The Member State” to “States” substitute “Each authority who in relation to any constituent part of the United Kingdom is the appropriate Minister must inform each other such authority;

(b) in paragraph 3, for “ Member State” substitute “part of the United Kingdom mentioned in Article 2(h)”;

(c) in paragraph 5, in the last unnumbered subparagraph, omit “other Member States and to the”;

(d) in paragraph 5a, omit the words “, as defined in Article 1(2)(a) of Decision 93/444/EEC”;

(e) in paragraph 6, omit the words from “laid down” to “Decision 93/444/EEC”.

(9) In Article 9(3), omit the words from “laid down” to “Decision 93/444/EEC”.

(10) In Article 11, omit the second unnumbered paragraph.

(11) In Annex 1—

(a) in paragraph 1, for the words in the last unnumbered paragraph, from “If appropriate” to the end substitute—

“The appropriate Minister in relation to England, Wales and Northern Ireland must use counties, and the appropriate Minister in relation to Scotland must use districts or islands, as the geographical units of reference for monitoring and surveillance purposes.”;

(b) in paragraph 3—

(i) in the heading, for “a Member State” substitute “an”,

(ii) in subparagraph (a), in the words before point (i)—

(aa) for “Member States”, where it first occurs, substitute “the appropriate Minister”;

(bb) for “Member States shall submit to the Commission” substitute “Each authority who in relation to any constituent part of the United Kingdom is the appropriate Minister must publish”;

(iii) in subparagraph (b)—

(aa) for “Member States”, in the first place it occurs, substitute “the appropriate Minister”, and

(bb) for “Member States shall submit to the Commission” substitute “The appropriate Minister must publish”.

(12) In Annex 3—

(a) in Section A (Animals)—

(i) in paragraph 1—

(aa) in the second subparagraph, omit “for Member States or regions of a Member State”;

(bb) omit the third unnumbered subparagraph;

(cc) in the fourth subparagraph, for the words from “intra-Community” to “92/65/EEC” substitute “export to a Member State, the following additional wording must be added to the relevant corresponding health certificates”;

(ii) in paragraphs 2, 3, 4, 6 and 7, for the words from “intra-Community” to “92/65/EEC, in each place they occur, substitute “export to a member State, the following additional wording must be added to the relevant corresponding health certificates”;

(iii) in paragraph 5, for the words from “intra-Union” to “92/65/EEC” substitute “export to a member State the following additional wording must be added to the relevant corresponding health certificates”;

(b) in Section B (Semen of animals)—

(i) in point (c), in the second subparagraph, omit “in Member States or regions of a Member State”, and omit the third subparagraph;

(ii) in point (e), in the unnumbered paragraph after subparagraph (ii), for the words from “intra-Community” to “93/444/EEC” substitute “export, the following additional wording must be added to the relevant corresponding health certificates”;

(c) in Section C (Ova and embryos of animals), in paragraph 3, for the words from “intra-Community” to “93/444/EEC” substitute “export, the following additional wording must be added to the relevant corresponding health certificates”.

(13) In Annex 5, in the opening unnumbered paragraph, omit “of a Member State”.