20.—(1) The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019(1) are amended as follows.
(2) In regulation 2—
(a)in paragraph (2)—
(i)in sub-paragraph (a)(iii), for the inserted definition of “constituent nation” substitute—
“(q)constituent nation: one of the following nations of the British Islands: England, Guernsey, Isle of Man, Jersey, Scotland or Wales;”;
(ii)in subparagraph (b), in the inserted definition of “appropriate authority”—
(aa)in 1A, omit sub-paragraph (d);
(bb)in 1B, omit sub-paragraph (c);
(b)in paragraph (3)—
(i)in sub-paragraph (c), in the substituted text for Article 5(6), for “the United Kingdom” substitute “Great Britain” in both places where it occurs;
(ii)for sub-paragraph(d) substitute—
“(d)omit paragraph (8).”;
(c)in paragraph 4(c), omit “Assembly or”;
(d)in paragraph (6)—
(i)in sub-paragraph (a), in the substituted text, for paragraph 1(b) substitute—
“(b)not be imported into Great Britain from any country other than a member State.”;
(ii)in sub-paragraph (b), in the substituted text for “United Kingdom” substitute “Great Britain”;
(iii)for sub-paragraph (c) substitute—
“(c)in paragraph 4, for “the Community’s” substitute “Great Britain’s”.”;
(e)after paragraph (6) insert—
“(6A) In Article 9, in paragraph 2, omit the second subparagraph.”;
(f)in paragraph (11), omit sub-paragraph (a);
(g)in paragraph (12), omit sub-paragraphs (a) and (b);
(h)for paragraph (15) substitute—
“(15) Omit Article 19.”;
(i)in paragraph (21), after sub-paragraph (a) insert—
“(aa)in point 6.1, for “Chapter III of Section I of Annex I to Regulation (EC) No 854/2004” substitute “Article 18(4) of Regulation (EU) No 2017/625;”;
(j)in paragraph (22)—
(i)in sub-paragraph (a)(i)(bb), for “the United Kingdom” substitute “Great Britain”;
(ii)in sub-paragraph (b), after (ii) insert—
“(iii)in the footnotes to Tables A and B, omit “in the individual Member States” in both places where it occurs;”;
(k)in paragraph (32)—
(i)for sub-paragraph (a)(ii), substitute—
“(ii)in point (c), in the last paragraph, for “TRACES” substitute “the appropriate computerised information management system”;”;
(ii)omit sub-paragraph (c);
(l)for paragraph (37) substitute—
“(37) In point 5—
(a)omit the words from “Notwithstanding” to “Article 5(2), and”;
(b)omit “in all Member States”.”;
(m)in paragraph (42)(b), for the substituted text substitute “unless prior approval has been provided by the relevant authority in the receiving country”;
(n)in paragraph (48)—
(i)in sub-paragraphs (b)(i) and (c)(ii), in the words to be substituted, for “United Kingdom” substitute “Great Britain”;
(ii)for sub-paragraph (d) substitute—
“(d)in point (c)—
(i)in the last indent before point (i), for “Member State” substitute “appropriate authority”;
(ii)in the final paragraph before point (i), for the words from “By way of derogation” to “decide” substitute “Nothing in this Regulation prevents the appropriate authority from deciding”;
(iii)in point (i), in the first indent for “Member State” substitute “appropriate authority”;
(iv)in point (ii), for “derogation” substitute “action”;
(v)in point (iii)—
(aa)for the words from “The application” to “Member State” substitute “Such action shall be limited to cases where the appropriate authority”;
(bb)in the penultimate sentence, for “Member State” substitute “appropriate authority”;
(cc)in the last sentence, for the words “In the case” to “the present paragraph” substitute “Where such action is taken”;”;
(iii)for paragraph (e) substitute—
“(e)in point (d)—
(i)in the fourth indent after the opening paragraph, for “Member State” substitute “appropriate authority”;
(ii)in the third paragraph for “Member State” substitute “appropriate authority” in both places where it occurs;
(iii)in the last paragraph, for “The Member States” substitute “Any appropriate authority”;”;
(o)after paragraph (49), insert—
“(49A) In point 3.3, in the fourth indent, for “Member State” substitute “appropriate authority”;”;
(p)in paragraph 50(b)(ii), for “United Kingdom” substitute “Great Britain”;
(q)for paragraphs (51) and (52) substitute—
“(51) In point 4.2—
(a)in the paragraph before the indents, for the words from “However” to “may”, substitute “Nothing in this Regulation prevents the appropriate authority from deciding that instead of the measures in points 3.2 and 3.3 the authority may decide to”;
(51a) In point 4.3(b)—
(i)in the opening paragraph, for “Member State” substitute “appropriate authority”;
(ii)in the second indent, for “territory of the same Member State” substitute “United Kingdom”;
(52) In point 4.4, for “Member State” substitute “appropriate authority”.”;
(r)in paragraph (53), for “points 4.5 and 4.6” substitute “point 4.6”;
(s)for paragraph (60), substitute—
“(60) The following amendments are made in points 2, 3 and 4—
(a)in the heading to point 2, for “Member States or zones of a Member State”, substitute “A constituent nation of an appropriate authority or a zone within a constituent nation”;
(b)in point 2.1—
(i)in the opening paragraph before (a)—
(aa)for “a Member State” substitute “an appropriate authority”;
(bb)for the words from “shall submit” to “in particular” substitute “must have clear and presentable evidence”;
(ii)in (e) for “Member States” substitute “countries”;
(c)omit point 2.2;
(d)omit point 2.3;
(e)in point 3.1—
(i)in the words before point (a), for “a Member State which has” substitute “each constituent nation must have”;
(ii)in point (a), for the words from “may” to “outlining” substitute “which outlines”;
(iii)in the first indent, for “Member State” substitute “constituent nation”;
(iv)omit point (b);
(f)in point 3.2, for the opening words substitute “Within the European Union the national scrapie control programmes for the following Member States have been approved by the European Commission:”;
(g)omit point 4.”
(t)for paragraph (64), substitute—
“(64) In Annex 9—
(a)in Chapter D, in Section B, in point 2, in the words after point (b), for “Union” substitute “retained direct EU”;
(b)in Chapter E—
(i)in the opening paragraph, for “the Union” substitute “Great Britain”;
(ii)after point (4), omit “In addition to the conditions set out in points 1 to 4, the animal health certificate shall attest that:”;
(iii)in point (5), in the words before point (a) for “the Union and intended for Member States” substitute “parts of Great Britain”;
(iv)in point (6), in the words before point (a) for “the Union and intended for a Member State” substitute “parts of Great Britain”;
(c)in Chapter F, in points (1) and (2), for “the Union” substitute “Great Britain” in both places where it occurs;
(d)in Chapter H, in the opening paragraph before point (1), for “the Union” substitute “Great Britain”;”.
(u)for paragraph (65) substitute—
“(65) Annex 10 is amended in accordance with paragraphs (68) to (74);”.
(v)omit paragraphs (66) and (67);
(w)for paragraph (72)(b)(i) substitute—
“(i)in point (i), for the words from “, listed in” to the end substitute “approved by the national reference laboratory”.”
(3) In regulation 3, in paragraph 4(c), after “constituent nation” insert “of the British Islands”.
(4) In regulation 4—
(a)in paragraph (2), in the inserted paragraph 2 in the definition of “appropriate authority”, omit subparagraph (d);
(b)in paragraph (3)(b)(ii), for “the United Kingdom” substitute “Great Britain, the Channel Islands and the Isle of Man”.
(5) Omit regulations 5 and 6.
21.—(1) The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019(2) are amended as follows.
(2) Omit regulation 2.
(3) Omit regulation 6.
(4) In regulation 7—
(a)for paragraph (2) substitute—
“(2) In regulation 1(3), for “the European Union” substitute “Great Britain”.”;
(b)in paragraph (3)—
(i)in sub-paragraphs (a), (c)(ii), d(ii), j(ii), k(ii), m(ii), r(ii)—
(aa)in the new paragraph (ii) to be inserted by each of those sub-paragraphs, after “Crown Dependency” insert “or a country granted equivalence”;
(bb)omit the new paragraph (iii) to be inserted by each of those sub-paragraphs;
(ii)in sub-paragraph (b), for “in accordance” substitute “(or, in relation”;
(iii)in sub-paragraph (e)—
(aa)before the definition of “Crown Dependency” insert—
““country granted equivalence” means a country that has been assessed by the Secretary of State that seed potatoes from that country are produced under conditions equivalent to the requirements of these Regulations;”;
(bb)after the definition of “Crown Dependency” insert—
““equivalent grade” means—
for Northern Ireland, an equivalent Union grade;
for a Crown Dependency or a country granted equivalence, a grade recognised by the Secretary of State as being equivalent to a GB grade;”;
(cc)in the new definition of “equivalent Union grade” to be inserted by that paragraph, for “UK”, in each place where it occurs, substitute “GB”;
(dd)after the definition of “equivalent Union grade” insert—
““GB Variety List” means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;”;
(iv)in sub-paragraph (g), in the new definition of “grade” to be inserted by that sub-paragraph, for “United Kingdom” substitute “GB”;
(v)for sub-paragraph (i) substitute—
“(i)omit the definition of “National List”;”;
(vi)in sub-paragraph (o), in the new definition of “seed potatoes of a conservation variety” to be inserted by that paragraph, for “National List” substitute “GB Variety List”;
(vii)in sub-paragraph (p)—
(aa)for paragraph (i) and (ii) substitute—
“(i)renumber paragraph (u) as paragraph (a);
(ii)omit paragraphs (v) and (w);”;
(bb)at the end insert—
“or
(b)seed potatoes produced in a country granted equivalence;”;
(viii)in sub-paragraph (s), in the new definition of “Union grade”, for “a member State or Switzerland” substitute “Northern Ireland”;
(ix)in sub-paragraph (t), in the new definition of “United Kingdom grade”—
(aa)in the definition title and new paragraph (a), for “United Kingdom”, in each place where it occurs, substitute “GB”;
(bb)for “UK”, in each place where it occurs, substitute “GB”;
(cc)in new paragraph (b), for “the United Kingdom other than in England” substitute “Scotland or Wales”;
(dd)in new paragraph (b), for “the United Kingdom”, in the second place where it occurs, substitute “GB”;
(x)for sub-paragraph (u) substitute—
“(u)omit paragraph (2)”;
(c)in paragraph 4—
(i)in the new paragraph (ii), after “Crown Dependency” insert “or a country granted equivalence”;
(ii)omit the new paragraph (iii) to be inserted by that paragraph;
(d)omit paragraph (5);
(e)in paragraph (6)—
(i)before sub-paragraph (a) insert—
“(za)in paragraph (1)(a), for “National List” substitute “GB Variety List”;”;
(ii)in sub-paragraph (b), in the new paragraph 3A, for “the United Kingdom”, in each place where it occurs, substitute “Great Britain”;
(f)in paragraph (7)—
(i)for sub-paragraph (b) substitute—
“(b)in sub-paragraph (b)—
(i)in paragraph (i)—
(aa)after “grade S”” insert “, for Northern Ireland,”;
(bb)omit “or”;
(ii)in paragraph (ii), after “grade SE”” insert “, Northern Ireland,””;
(ii)in sub-paragraph (c), for the new paragraph (iii) to be inserted by that sub-paragraph, substitute—
“(iii)“GB grade S” or “GB grade SE” as set out in—
(aa)for England, Part 2 of Schedule 4;
(bb)for elsewhere in Great Britain, the relevant seed potatoes regulations; or
(cc)for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.”;
(iii)for sub-paragraph (d) substitute—
“(d)in sub-paragraph (c)—
(i)in paragraph (i), after “grade S” insert “, for Northern Ireland, ”;
(ii)in paragraph (ii), after “grade SE” insert “, for Northern Ireland,”;
(iii)in paragraph (iii), after “grade E” insert “, for Northern Ireland,””;
(iv)in sub-paragraph (e), for the new paragraph (iv) to be inserted by that sub-paragraph, substitute—
“(iv)“GB grade S”, “GB grade SE” or “GB grade E” as set out in—
(aa)for England, Part 2 of Schedule 4;
(bb)for elsewhere in Great Britain, the relevant seed potatoes regulations; or
(cc)for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.”;
(v)omit sub-paragraph (f);
(g)in paragraph (8), in the new sub-paragraph (c) to be inserted by that paragraph, for “exit day” substitute “IP completion day”;
(h)in paragraph (9)—
(i)in sub-paragraph (a)—
(aa)in paragraph (i), for “the United Kingdom” substitute “Great Britain”;
(bb)in paragraph (ii), in the new sub-paragraph (iii) to be inserted by that paragraph, for “exit day” substitute “IP completion day”;
(ii)for sub-paragraph (b) substitute—
“(b)in paragraph (6)(b), for “National List or the Common Catalogue” substitute “GB Variety List”;”;
(i)in paragraphs (10) and (11)—
(i)in the new paragraph (ii) to be inserted by those paragraphs, after “Crown Dependency” insert “or a country granted equivalence”;
(ii)omit the new paragraph (iii) to be inserted by those paragraphs;
(j)for paragraph (12) substitute—
“(12) In regulation 16 and in the heading, for “European Union” substitute “British Islands”.”;
(k)in paragraph (13), in the new regulation 23A to be inserted by that paragraph, for “exit day”, in each place where it occurs, substitute “IP completion day”;
(l)in paragraph (15)—
(i)for sub-paragraph (a) substitute—
“(a)in paragraph 3(a), for “National List or the Common Catalogue” substitute “GB Variety List”;”;
(ii)in sub-paragraph (b), for “UK” substitute “GB”;
(m)in paragraph (16)—
(i)in sub-paragraph (b)(i), for “UK” substitute “GB”;
(ii)for sub-paragraph (c) substitute—
“(c)in paragraph 8(b)—
(i)in paragraph (i), for “member State” substitute “country”;
(ii)in paragraph (vi), for “a National List” substitute “a GB Variety List”;”;
(iii)in paragraphs(d)(ii) and (e), for “UK” substitute “GB”;
(n)in paragraphs (17)(a) and (b), for “UK” substitute “GB”;
(o)in paragraphs (19), (20) and (21)—
(i)in sub-paragraph (a), for “United Kingdom” substitute “GB”;
(ii)in sub-paragraph (b)—
(aa)for “UK”, in both places where it occurs, substitute “GB”;
(bb)in paragraph (ii), for “equivalent Union grade” substitute “equivalent grade”.
22.—(1) The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019(3) are amended as follows.
(2) In regulation 5—
(a)in paragraph (2)—
(i)omit sub-paragraph (b);
(ii)in sub-paragraph (d)(i), for “the United Kingdom” in the substituted text, in both places where it occurs, substitute “Great Britain”;
(iii)omit sub-paragraph (g);
(b)omit paragraphs (3) and (4).
(3) Omit regulation 9.
23.—(1) The Seal Products (Amendments) (EU Exit) Regulations 2018(4) are amended as follows.
(2) After regulation 1, insert—
1A. Regulation 2 extends to England and Wales and Scotland only.”
(3) In regulation 4(4)—
(a)before paragraph (a) insert—
“(za)in paragraph 5, omit “issued in accordance with paragraph 1”;”
(b)for sub-paragraph (a)(iii) substitute—
“for the words from “issued in” to “No 2913/92, the” substitute “. The”;”
(c)after paragraph (a) insert—
“(aa)after paragraph 6 insert—
“6A. For the purposes of paragraphs 3 to 6, “attesting document” means—
(a)an attesting document issued in accordance with paragraph 1;
(b)an attesting document issued before 1 January 2021 in accordance with Article 4(1) of Commission Implementing Regulation (EU) 2015/1850 as it has effect in EU law”.”.
24. For regulation 2 of the Exotic Disease (Amendment) (England) (EU Exit) Regulations 2018(5) substitute—
“2. In the Foot-and-Mouth Disease (England) Order 2006, in Schedule 8, in paragraph 7, for “another” substitute “a”.”.
25.—(1) The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018(6) are amended as follows.
(2) In regulation 5(3)—
(a)in sub-paragraph (a), for “the United Kingdom” substitute “Great Britain”;
(b)in sub-paragraph (b), for the substituted paragraph substitute—
“The Secretary of State, with the consent of the Welsh Ministers and the Scottish Ministers must draw up, keep up to date and publish a list of those laboratories that have been so authorised.”;
(c)in sub-paragraph (d), in the inserted paragraph 2A(a), omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly.
(3) In regulation 6(2)—
(a)in sub-paragraph (a), for the substituted wording substitute “The Secretary of State, with the consent of the Welsh Ministers and the Scottish Ministers”;
(b)in sub-paragraph (c)—
(i)in the inserted paragraph 3(a), omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly, and
(ii)in the inserted paragraph 3(b), for “the United Kingdom” substitute “Great Britain”.
(4) In regulation 7, in paragraph (2)(c)—
(a)in the inserted paragraph 3(a), omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly, and
(b)in the inserted paragraph 3(b), for “the United Kingdom” substitute “Great Britain”.
(5) In regulation 8, in paragraph 2—
(a)in sub-paragraph (a), for “the United Kingdom” substitute “Great Britain”;
(b)in sub-paragraph (c)—
(i)in the inserted paragraph 4(a), omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly, and
(ii)in the inserted paragraph 4(b), for “the United Kingdom” substitute “Great Britain”.
(6) Omit regulation 9 and the heading to that regulation.
(7) In regulation 10—
(a)in paragraph (3), in the inserted Article 2a—
(i)in paragraph (a), omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly, and
(ii)in paragraph (b), for “the United Kingdom” substitute “Great Britain”;
(b)in paragraph (6), for sub-paragraph (a) substitute—
“(a)in paragraph 1, in the words before point (a), omit “in the Community”;”;
(c)in paragraph (12)(b)—
(i)for paragraph (iii) substitute—
“(iii)in the third sub-paragraph, for the words from “Community” to “United Kingdom,” substitute “National reference laboratory”.”, and
(ii)omit sub-paragraph (iv).
(8) In regulation 11—
(a)in paragraph (2)(a), for “the United Kingdom” substitute “Great Britain” in both places where it occurs;
(b)in paragraph (3)—
(i)in sub-paragraph (a), in the inserted unnumbered paragraph, in the definition of “primary outbreak”, for “the United Kingdom” substitute “Great Britain”;
(ii)in sub-paragraph (b)—
(aa)in the inserted definition of “the appropriate Minister”, omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly,
(bb)in the inserted definition of “the competent authority”, for “the United Kingdom” substitute “Great Britain”, and
(cc)in the inserted definition of “third country”, for “other than the United Kingdom or a Member State” substitute “or territory other than the British Islands”;
(c)in paragraph (4)(a), for “the United Kingdom” substitute “Great Britain”;
(d)omit paragraph (4)(c);
(e)in paragraphs (5)(a), (6), (7)(a) and (b), (8), (9)(a)(i) and (ii) and (9)(b)(i) and (ii), (10)(a) and (b), (11)(a) and (b), (12)(a) and (b), for “the United Kingdom” substitute “Great Britain” in each place where it occurs;
(f)in paragraph (12)(c), in the substituted text, for “the United Kingdom” substitute “Great Britain”.
(9) In regulation 12—
(a)in paragraph (2)(a), for the substituted words substitute “the Secretary of State with the consent of the Scottish Ministers and the Welsh Ministers,”;
(b)in paragraph (3)(c), in paragraph (b) of the text to be inserted, for “the United Kingdom” substitute “Great Britain”.
(10) In regulation 13—
(a)in paragraph (2)(e)—
(i)in the inserted definition of “the appropriate Ministers”, omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly,
(ii)in the inserted definition of “the competent authority”, for “the United Kingdom” substitute “Great Britain” and
(iii)in the inserted definition of “third country”, for “other than the United Kingdom or a Member State” substitute “country or territory other than the British Islands”;
(b)in paragraph (5), in the substituted Article 5, in paragraph 2, for “the United Kingdom” substitute “Great Britain”.
(11) In regulation 14—
(a)in paragraph (2), in the inserted text, in sub-paragraphs (a) and (d), for “the United Kingdom” substitute “Great Britain”;
(b)in paragraph (3)—
(i)in sub-paragraph (b) in the definition of “primary outbreak of bluetongue”, for “the United Kingdom” substitute “Great Britain”,
(ii)in sub-paragraph (c), for “the United Kingdom” substitute “Great Britain”,
(iii)in sub-paragraph (d)—
(aa)in the definition of “the competent authority”, for “the United Kingdom” substitute “Great Britain”;
(bb)in the definition of “the appropriate Minister”, omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly;
(c)in paragraph (4), in the substituted Article 3, for “the United Kingdom” substitute “Great Britain”;
(d)in paragraph (6), for the substituted paragraph 1 of Article 6, for “the United Kingdom” substitute “Great Britain” in each place where it occurs;
(e)in paragraph (8)—
(i)in sub-paragraphs (a) and (b), for “the United Kingdom” substitute “Great Britain”, and
(ii)for sub-paragraph (d) substitute—
“(d)in paragraph 5a omit—
(i)the words “, as defined in Article 1(2)(a) of Decision 93/444/EEC”, and
(ii)the words “to a third country”;”;
(f)in paragraph (11)—
(i)in sub-paragraph (a), in the substituted text, for “England, Wales and Northern Ireland” substitute “England and Wales”, and
(ii)in sub-paragraph (b)(ii)(bb), in the substituted text, for “the United Kingdom” substitute “Great Britain”;
(g)in paragraph (12)—
(i)in sub-paragraph (a)—
(aa)for sub-paragraph (a)(i)(cc) substitute—
“(cc)in the fourth unnumbered subparagraph, for the words from “intra-Community” to “92/65/EEC:” substitute “trade, the following additional wording must be added to the relevant corresponding health certificates:”,
(bb)for sub-paragraph (a)(ii) substitute—
“(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 “trade, the following additional wording must be added to the relevant corresponding health certificates:”, and”;
(cc)for sub-paragraph (a)(iii) substitute—
“(iii)in paragraph 5, for the words from “intra-Union” to “92/65/EEC:” substitute “trade, the following additional wording must be added to the relevant corresponding health certificates:”;
(ii)in sub-paragraphs (b)(ii) and (c), in the substituted text for “export” substitute “trade”.
(12) In regulation 15—
(a)in paragraph (3)—
(i)in the inserted definition of “The appropriate Minister”, omit sub-paragraph (b) and renumber the next sub-paragraphs accordingly, and
(ii)in the inserted definition of “The competent authority”, for “the United Kingdom” substitute “Great Britain”;
(b)in paragraph (4)(a)(i), for “the United Kingdom” substitute “Great Britain”;
(c)in paragraph (8)(c), for paragraph (i) substitute—
“(i)in paragraph 4(a) and (b) for “the territory of the Member State” substitute “Great Britain”;”.
(13) In regulation 16—
(a)in paragraph (3) in the inserted Article 1a—
(i)in the inserted definition of “the competent authority”, for “the United Kingdom” substitute “Great Britain”, and
(ii)in the inserted definition of “the appropriate authority”, omit sub-paragraph (ii) and renumber the next sub-paragraphs accordingly;
(b)in paragraph (7)—
(i)in sub-paragraph (a), for “the United Kingdom” substitute “Great Britain”,
(ii)in sub-paragraph (c)(iv)—
(aa)for the words being replaced, substitute “the Member State”, and
(bb)for “United Kingdom” substitute “Great Britain”.
(14) In regulation 18—
(a)in paragraph (3)(a) for the substituted words in Article 37, for the words before point (a), substitute—
“The Secretary of State, with the consent of the Scottish Ministers and the Welsh Ministers, may organise joint on-the-spot checks with the EU Commission in Great Britain at the premises of any beneficiary of EU expenditure incurred or committed before IP completion day, with a view to verifying in particular:”;
(b)in paragraph (4)(a), for the substituted words, substitute “The Secretary of State, with the assistance of the Scottish and Welsh Ministers”;
(c)in paragraph 5(b), in the substituted paragraph 1, for the words from “the Scottish Ministers” to “Rural Affairs” substitute “the Scottish and the Welsh Ministers”.
(15) In regulation 19—
(a)in paragraph (2), in the inserted text—
(i)in the first sub-paragraph (c), for “the United Kingdom” substitute “Great Britain” in both places where it occurs;
(ii)in the second sub-paragraph (a), omit point (ii) and renumber the next two points accordingly;
(iii)omit the second sub-paragraph (c);
(b)in paragraph (3)(a)(i) and (b), for “the United Kingdom” substitute “Great Britain” in both places where it occurs;
(c)in paragraph (4)(a)—
(i)for sub-paragraph (i) substitute—
“(i)for “Member States”, in the first place where it occurs, substitute “authority who in relation to a constituent part of Great Britain is the appropriate Minister”,”;
(ii)for sub-paragraph (ii), substitute “omit “Member States and nearby third”;
(d)in paragraph (5)(b), for “the United Kingdom” substitute “Great Britain”.
26.—(1) Regulation 3 of the Equine Identification (England) (Amendment) (EU Exit) Regulations 2018(7) is amended as follows.
(2) In paragraph (4), for the substituted text, substitute “Great Britain from a country other than Northern Ireland or a member State”.
(3) For paragraph (5) substitute—
“(5) In regulation 13(2)(b) for “another member State” substitute “a member State or Northern Ireland”.”.
27.—(1) The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019(8) are amended as follows.
(2) For regulation 3 substitute—
“3. In Article 1(1)—
(a)in point (a), for “the Union” substitute “Great Britain”;
(b)in point (b), for the words from “the Union” to the end substitute “Great Britain.”.”.
(3) In regulation 4—
(a)in paragraph (b)(i), for the inserted text, substitute “by the appropriate authority, by the zootechnical authority in Northern Ireland or”;
(b)in paragraph (c), in the substituted text, after “a member State” insert “or in Northern Ireland”;
(c)in paragraph (d), in the substituted text—
(i)in point (i), for “the United Kingdom” substitute “Great Britain”;
(ii)at the end, insert—
“(iii)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including the competent authority referred to in point (h) of the EU Directive;”;
(d)in paragraph (e), in the substituted text—
(i)in point (i), for “the United Kingdom” substitute “Great Britain”;
(ii)at the end insert—
“(iii)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;”;
(e)in paragraph (f), in the substituted text, for “the United Kingdom” substitute “Great Britain”;
(f)for paragraph (g) substitute—
“(g)omit point (l);”;
(g)after paragraph (g) insert—
“(ga)omit point (p);”;
(h)for paragraph (i) substitute—
“(i)in point (t)—
(i)after “means the”, insert “veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013 or, in Northern Ireland or a member State, the”;
(ii)after “Directive 2001/82/EC”, insert “as that Directive has effect in EU law, as amended from time to time”;”;
(i)in paragraph (j), in the inserted text—
(i)in point (u), after “country other than” insert “the British Islands or”;
(ii)after point (w) insert—
“(wa)‘constituent territory of Great Britain’ means England, Wales or Scotland;”;
(iii)in point (x) omit point (iv).
(4) In regulation 5—
(a)in paragraph (a), for the substituted text substitute “Great Britain”;
(b)for paragraph (c), substitute—
“(c)in paragraph 4—
(i)for “Member States” substitute “The appropriate authority”;
(ii)for “(EC) No 882/2004” substitute “(EU) 2017/625”.”.
(5) In regulation 6(1)—
(a)for sub-paragraph (a), substitute—
“(a)in the heading—
(i)omit “Union”;
(ii)at the end, insert “in Great Britain”;”;
(b)after sub-paragraph (a) insert—
“(ab)in paragraph 1, in the text before point (a)—
(i)omit “Union”;
(ii)after “system for the identification of equidae” insert “in Great Britain”;”.
(6) For regulation 7 substitute—
“7. In the title of Chapter 2, for “the Union” substitute “Great Britain”.”.
(7) In regulation 8—
(a)for paragraph (a) substitute
“(a)in the heading, for “the Union” substitute “Great Britain”;”;
(b)in paragraph (b)(i), in the substituted text—
(i)in points (a)(i) and (iii), for “2(1) of Commission Decision 92/353/EEC” substitute “4(3) of Regulation (EU) 2016/1012”;
(ii)in point (a)(i), for “that Decision” substitute “it”.
(8) In regulation 9—
(a)in paragraph (a), after sub-paragraph (ii) insert—
“(iii)after “Member States,” in the second place where it occurs, insert “the competent authority for Northern Ireland,”;”;
(b)in paragraph (c), in the text to be substituted, after “member States,” insert “the competent authority for Northern Ireland,”.
(9) For regulation 10, substitute—
“10. In Article 7, in the heading and in paragraph 1, for “the Union” substitute “Great Britain”.”.
(10) For regulation 11 substitute—
“11. In the heading to Article 8, for “the Union” substitute “Great Britain”.”.
(11) In regulation 12—
(a)for paragraph (a) substitute—
“(a)in the heading, for “the Union” substitute “Great Britain”;”.
(b)after paragraph (b) insert—
“(c)in paragraph 3(b), for “2 or 3 of Decision 96/78/EC” substitute “15 of Regulation (EU) 2016/1012”.”.
(12) In regulation 14—
(a)for paragraph (a) substitute—
“(a)in the heading, for “the Union” substitute “Great Britain”;”;
(b)in paragraph (b), in the substituted text, for “the United Kingdom” substitute “Great Britain” in both places where it occurs;
(c)for paragraph (d) substitute—
“(d)in paragraph 3—
(i)omit “and in accordance with Article 1 of Decision 96/78/EC”;
(ii)for the words from “other than” to the end substitute “or in Northern Ireland, rather than in Great Britain”.”.
(13) In regulation 15—
(a)for paragraph (a) substitute—
“(a)in the heading, for “the Union” substitute “Great Britain”;”;
(b)for paragraph (b)(i) substitute—
“(i)for “the Union” substitute “Great Britain”;”.
(14) For regulation 17 substitute—
“17. In the heading of Chapter 3, for “the Union” substitute “Great Britain from a third country”.”.
(15) In regulation 18, for paragraph (a) substitute—
“(a)for “the Union” substitute “Great Britain from a third country”;”.
(16) In regulation 19—
(a)for paragraph (a), substitute—
“(a)in the heading, for “the Union” substitute “Great Britain from a third country”;”;
(b)in paragraph (b)—
(i)for sub-paragraph (ii) substitute—
“(ii)in point (a), for “the Union” substitute “Great Britain from a third country”;”;
(ii)for sub-paragraph (iii) substitute—
“(iii)in point (b)—
(aa)after “admission of a registered horse” insert “from a third country”;
(bb)for the words from “a Decision” to the end substitute “the procedure referred to in Article 19 of Regulation 2018/659;”;”.
(17) In regulation 20, in the new Article 15A to be inserted—
(a)in the title, after “the European Union” insert “or Northern Ireland”;
(b)in paragraph 1, for the words from “the United Kingdom” to the end substitute “Great Britain to the Union, or for the purposes of moving an equine animal from Great Britain to Northern Ireland, whether or not for a temporary period”.
(18) In regulation 22, after paragraph (b), insert—
“(c)omit paragraph 4.”.
(19) In regulation 24(b), in the substituted text, after “in member States” insert “or in Northern Ireland”.
(20) In regulation 27, for the substituted text substitute “Great Britain”.
(21) In regulation 28—
(a)in paragraph (a), for the substituted text substitute “Great Britain”;
(b)for paragraph (b) substitute—
“(b)omit paragraph 3.”.
(22) In regulation 29—
(a)in paragraph (a), for the substituted text substitute “Great Britain”;
(b)in paragraph (b), in the substituted text—
(i)for “the United Kingdom” substitute “Great Britain” both times it occurs;
(ii)at the end, insert “or from Northern Ireland”.
(23) In regulation 31—
(a)in paragraph (b)—
(i)in sub-paragraph (i), in the substituted text, for “the United Kingdom” substitute “Great Britain”;
(ii)for sub-paragraph (iii) substitute—
“(iii)in point (b), in the words before point (i), for the words from “the Member State where” to “Member” substitute “Great Britain from a member”;”;
(iii)for sub-paragraph (iv), substitute—
“(iv)in points (b)(ii) and (iii), for “the Member State” substitute “Great Britain”;”;
(b)for paragraph (c)(i) substitute—
“(i)in point (a)(ii)—
(aa)for “Decision 92/353/EEC” substitute “Article 4(3) of Regulation (EU) 2016/1012”;
(bb)for the words from “Member State” to “located” substitute “United Kingdom”;
(cc)for “Decision 96/78/EC” substitute “Annex II of Regulation (EU) 2016/1012”;”.
(24) In regulation 33(c)(ii), in the substituted text, for “the United Kingdom” substitute “Great Britain”.
(25) In regulation 34—
(a)for paragraph (a) substitute—
“(a)in the heading, for “the Union” substitute “Great Britain”;”;
(b)in paragraph (b), in the substituted text, for “the United Kingdom” substitute “Great Britain”.
(26) After regulation 34, insert—
34A. In Article 31(1), omit point (b).”.
(27) In regulation 36—
(a)in paragraph (b)—
(i)for sub-paragraph (i) substitute—
“(i)for point (a) substitute “referred to in paragraph 1A;”;”;
(ii)in sub-paragraph (ii), in the substituted text—
(aa)for point (i) substitute—
“(i)a country or region that is not free from African horse sickness;”;
(bb)in point (ii), for “the United Kingdom” substitute “Great Britain”;
(b)in paragraph (c), in the substituted text—
(i)omit point (c);
(ii)in point (d)—
(aa)for “the United Kingdom” substitute “Great Britain”;
(bb)omit the text from “, or under the equivalent legislation” to the end;
(cc)point (d) becomes point (c);
(iii)after point (c), insert—
“1A. The holdings referred to in paragraph 1(a) are those where:
(a)equidae suspected of having contracted dourine are or have been located, unless it has been at least six months since the last actual or possible contact with a sick animal. This paragraph does not apply where the animal referred to in paragraph 1 has been castrated;
(b)equidae suffering from glanders or equine encephalomyelitis are or have been located, unless it has been at least six months since the day on which the equidae suffering from the disease in question was slaughtered;
(c)animals suffering from infectious anaemia are or have been located, unless the infected animals have been slaughtered and the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;
(d)cases of vesicular stomatitis have been recorded, unless it has been at least six months since the last recorded case;
(e)cases of rabies have been reported, unless it has been at least one month since the last recorded case;
(f)cases of anthrax have been reported, unless it has been at least 15 days since the last recorded case.
1B. If all the animals of a species susceptible to the disease located on the holding referred to in paragraph 1A have been slaughtered and the premises disinfected, the period referred to in paragraphs 1A(a) to (e) shall be 30 days, beginning on the day on which the animals were destroyed and the premises disinfected.”;
(iv)in paragraph 2—
(aa)for “constituent territory of the United Kingdom” substitute “country, region or constituent territory” in each place where it occurs;
(bb)in the text before point (a), after “paragraph 1(b)”, omit “(ii)”.
(28) In regulation 37(b) in sub-paragraphs (i) and (ii), in the substituted text, for “the United Kingdom” substitute “Great Britain”.
(29) In regulation 38(b), in the substituted text—
(a)in paragraph 1, for “the United Kingdom” substitute “Great Britain”;
(b)in paragraph 2(a), for “, Wales and Northern Ireland” substitute “and Wales”;
(c)in paragraph 3, after “member States” insert “, the competent authority in Northern Ireland”.
(30) In regulation 39(e), in the substituted text, for “the United Kingdom” substitute “Great Britain”.
(31) In regulation 40—
(a)in paragraph (a) the words from “in the words before” to the end become sub-paragraph (i);
(b)after sub-paragraph (i), insert—
“(i)in point (a), after “with Article 5(1);” insert “and”;
(ii)in point (b), at the end insert “, if different”;”;
(c)in paragraph (b), in the new paragraph 4 inserted by that regulation, for “the United Kingdom” substitute “Great Britain”.
(32) In regulation 41(b)(i), in the substituted text, for “the United Kingdom” substitute “Great Britain”.
(33) For regulation 45(a) substitute—
“(a)in paragraph 2, for “the Union or imported into the Union” substitute “Great Britain or imported into Great Britain”;”.
(34) In regulation 47(2)—
(a)in sub-paragraphs (c), (d) and (e)(ii), in the substituted text, for “the United Kingdom” substitute “Great Britain”;
(b)after paragraph (e), insert—
“(ea)in section 3, in the heading, omit “in accordance with Article 4(4)(a) of Directive 2009/156/EC”;”
(c)in sub-paragraph (f)—
(i)in paragraph (ii), for the substituted text substitute “only valid to enter Great Britain from a member State or Northern Ireland”;
(ii)in paragraph (iii), for the substituted text substitute “from a member State or Northern Ireland to the territory of Great Britain”.
(35) In regulation 48(2), in the substituted text—
(a)in Article 1(1), after point (c), insert—
“(d)the criteria for the distribution of funds for the safeguard, development and improvement of breeding which have been reserved from the prize money or profits of competitions.”;
(b)Omit paragraphs 2 and 3;
(36) Omit regulations 49 and 50.
28.—(1) The Animal Breeding (Amendment) (EU Exit) Regulations 2019(9) are amended as follows.
(2) In regulation 3(2)—
(a)for sub-paragraph (b) substitute—
“(b)in points (5) and (6), in both places where it occurs, for “a Member State” substitute “a constituent territory of the United Kingdom”;”;
(b)for sub-paragraph (d) substitute—
“(d)in point (8)—
(i)in the words before point (a), for “a Member State” substitute “a constituent territory of the United Kingdom”;
(ii)in point (c), for “Member States” substitute “competent authorities in the United Kingdom”;”;
(c)in sub-paragraph (e), for point (8B) in the inserted text substitute—
“(8B) ‘third country’ means any country or territory other than—
(a)the United Kingdom;
(b)the Bailiwick of Jersey;
(c)the Bailiwick of Guernsey;
(d)the Isle of Man;”;
(d)after sub-paragraph (f) insert—
“(fa)after point (21), insert—
“(21A) ‘entering Great Britain’ means the action of bringing breeding animals or their germinal products into Great Britain;”;”.
(3) In regulation 4—
(a)for paragraph (5) substitute—
“(5) In Article 8—
(a)in paragraph 1, after “breeding operation”, in the first place where it occurs, insert “recognised under Article 4(3)”;”;
(b)for paragraph (6)(b)(ii) substitute—
“(ii)in point (c), omit “in other Member States or”.”.
(c)in paragraph (7), in the substituted text—
(i)for paragraph 1 substitute—
“1. Where a breed society or breeding operation (within the meaning of Article 2 of the EU Regulation) approved either in accordance with Article 8(3) of the EU Regulation by a competent authority in a member State or by a competent authority in a third country in respect of which the appropriate authority has made regulations under Article 35, or a breeding body entered into the list under Article 34(1), intends to carry out a breeding programme on animals kept in the United Kingdom, that breed society, breeding operation or breeding body must notify the competent authority of the constituent territory of the United Kingdom where the animals are to be kept.;”;
(ii)in paragraph 2(b), after “English” insert “and other languages may also appear”;
(iii)in paragraph 4, for “or breeding operation in accordance with Article 4(3) of the EU Regulation” substitute “, breeding operation or breeding body”;
(iv)in paragraph 6, for “breed society or breeding operation” substitute “breed society, breeding operation or breeding body”.
(4) In regulation 6—
(a)in paragraph (1)(a)—
(i)for paragraph (i) substitute—
“(i)for “Member State” substitute “constituent territory of the United Kingdom”;”;
(ii)omit paragraph (ii);
(b)in paragraph (2)—
(i)in sub-paragraph (a)—
(aa)omit paragraph (i);
(bb)in paragraph (ii), in the substituted text, omit “or in a member State”;
(ii)for sub-paragraph (b) substitute—
“(b)in paragraph 5, for the words from “for intra-Union trade” to the end substitute “by the competent authority in accordance with animal health law in force in the constituent territory of the United Kingdom”;”;
(c)for paragraph (3) substitute—
“(3) In Article 23(2), for “same or in another Member State” substitute “United Kingdom or by a breeding body in a third country included in the list provided for in Article 34”.”;
(d)in paragraph (4)—
(i)in sub-paragraph (a), in the inserted text, omit “or in a Member State”;
(ii)for sub-paragraph (b) substitute—
“(b)in paragraph 3, for the words from “for intra-Union trade” to the end substitute “by the competent authority in accordance with animal health law in force in the constituent territory of the United Kingdom”;”.
(5) In regulation 8—
(a)in paragraph (1)—
(i)omit sub-paragraphs (a), (b), (c)(i) and (d)(i);
(ii)in sub-paragraph (d)(ii), in the inserted text, omit from the words “or in implementing acts” to the end;
(b)for paragraph (2) substitute—
“(2) In Article 31(1), for the words from “for intra-Union trade” to the end substitute “by the competent authority in accordance with animal health law in force in the constituent territory of the United Kingdom”.”;
(c)for paragraph (3)(b) substitute—
“(b)in paragraph 1, for the words from “Union of those” to the end substitute “United Kingdom by a competent authority in the United Kingdom in accordance with animal health law in force in the constituent territory of the United Kingdom”.”.
(6) In regulation 9—
(a)in paragraph (2)(c), in the inserted text, at the end insert—
“5. Notwithstanding paragraph 2 and 4, until 30 June 2021, any breed society or breeding operation (within the meaning of Article 2 of the EU Regulation) which as at IP completion day is approved by the competent authority of a Member State under Article 4(3) of the EU Regulation must be included in the list provided for in paragraph 1.;”;
(b)in paragraph (3)(b), in the inserted text, omit “or Article 34 of the EU Regulation”;
(c)for paragraph (4) substitute—
“(4) In the heading to Article 37, for “the Union” substitute “Great Britain from a third country”;”;
(d)in paragraph (5)(b), in the substituted text, for “the United Kingdom” substitute “Great Britain”.
(7) For regulation 10(b) substitute—
“(b)in paragraph 4(e), for “Union animal health law” substitute “animal health law in the constituent territory of the United Kingdom”.”.
(8) Regulation 11 is amended in accordance with paragraphs (9) to (12).
(9) Omit paragraph (2)(b)(ii).
(10) In paragraph (5), in the substituted text, omit “from a member State or”.
(11) In paragraph (7)—
(a)in sub-paragraph (a), in the substituted text—
(i)in point (a), omit “member States and”;
(ii)in the text after point (b), omit “or in the EU Regulation”;
(b)in sub-paragraph (b)—
(i)for paragraph (i) substitute—
“(i)in point (a) for “Member State” in both places where it occurs, substitute “constituent territory of the United Kingdom”;”;
(ii)in paragraph (ii), in the substituted text—
(aa)omit “or for member States”;
(bb)omit “or of member States”;
(iii)omit paragraph (iii);
(iv)in paragraph (iv), in the substituted text, omit “or of a member State” in both places where it occurs;
(c)for sub-paragraph (c) substitute—
“(c)omit paragraph 3.”.
(12) In paragraph (8)—
(a)for sub-paragraph (a) substitute—
“(a)in the heading, for “the Commission and Member States” substitute “other competent authorities in the United Kingdom”;”;
(b)in sub-paragraph (b)—
(i)omit paragraph (i);
(ii)in paragraph (ii), in the substituted text, omit “and of member States”;
(iii)after paragraph (ii) insert—
“(iii)omit point (b);”;
(c)omit sub-paragraph (c)(i).
(13) For regulation 12(2) substitute—
“(2) Omit Article 53.”.
(14) In regulation 15—
(a)in paragraph (2), after sub-paragraph (a) insert—
“(ba)in point 2, omit “, and, where applicable, Article 12”;”;
(b)in paragraph (4)—
(i)for sub-paragraph (b) substitute—
“(b)in point 3(a)(ii) for “same or another Member State” substitute “United Kingdom”;”;
(ii)in sub-paragraph (c)(ii)(aa), in the substituted text omit “, a member State”.
(15) In regulation 16—
(a)in paragraph (2)—
(i)in sub-paragraph (a)—
(aa)for paragraph (i)(aa) substitute—
“(aa)in point (c), for “Union animal health law” substitute “animal health law in force in the constituent territory of the United Kingdom”;”;
(bb)in paragraph (ii), in the substituted text, omit “Regulation (EU) 2016/429, as it has effect in EU law, as amended from time to time, or under”;
(ii)for sub-paragraph (b) substitute—
“(b)in Chapter 2, in point 1(a), for “Union” substitute “United Kingdom”;”.
(16) In regulation 17(a), in the substituted text, omit “or the relevant European Union reference centres provided for in Article 29(1) of the EU Regulation”.
(17) In regulation 18—
(a)in paragraph (5)(b), in the inserted text, omit “and of member States”;
(b)in paragraph (6), in the inserted text—
(i)in the words before point (a), omit “and member States”;
(ii)in point (b), omit “, member States”.
(18) In regulation 19(3)(a)(ii) and (4)(a)(ii), in the substituted text, omit “or Union”.
(19) In regulation 26—
(a)in paragraph (2)—
(i)before sub-paragraph (a), insert—
“(aa)in the table, in the first row, omit “All EU official languages of the zootechnical certificates, including footnotes and notes, are available in EUR-Lex”;”;
(ii)in sub-paragraph (a), in the substituted text omit “or Union”;
(iii)for sub-paragraph (b) substitute—
“(b)in footnote (5), for “Union” substitute “United Kingdom”;
(c)in the notes, in the first bullet point for the words from “at least one” to the end substitute “English, and other languages may also appear.”;
(b)for paragraph (3) substitute—
“(3) In Sections B, C and D—
(a)in the table, in the first row, omit “All EU official languages of the zootechnical certificates, including footnotes and notes, are available in EUR-Lex”;
(b)in footnotes (7) and (8), for “Union” in each place where it occurs substitute “United Kingdom”;
(c)in the notes, in the first bullet, for the words from “at least one” to the end substitute “English, and other languages may also appear.”;
(c)omit paragraphs (4) and (5).
(20) For regulation 27 substitute—
27.—(1) Annex 2 is amended as follows.
(2) In Section A—
(a)in the table, in the first row, omit “All EU official languages of the zootechnical certificates, including footnotes and notes, are available in EUR-Lex”;
(b)in footnote (4), for “Union” substitute “United Kingdom”;
(c)in the notes, in the first bullet, for the words from “at least one” to the end substitute “English, and other languages may also appear.
(3) In Sections B, C, and D—
(a)in the table, in the first row, omit “All EU official languages of the zootechnical certificates, including footnotes and notes, are available in EUR-Lex”;
(b)in footnote (5), for “Union” substitute “United Kingdom”;
(c)in the notes, in the first bullet, for the words from “at least one” to the end substitute “English, and other languages may also appear.”.
(21) For regulation 28(3) and (4) substitute—
“(3) In Sections A, B, C and D, in the table, in the first row, omit “All EU official languages of the zootechnical certificates, including footnotes and notes, are available in EUR-Lex”.”.
(22) In regulation 29, after paragraph (2), insert—
“(3) In Sections A, B, C and D, in the table, in the first row, omit “All EU official languages of the zootechnical certificates, including footnotes and notes, are available in EUR-Lex”.”.
29.—(1) The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019(10) are amended as follows.
(2) In regulation 4 —
(a)after paragraph (2) insert—
“(2A) In regulation 4A(1) and in the heading, for “European Union” substitute “United Kingdom”.”;
(b)for paragraph (3) substitute—
“(3) In regulation 5—
(a)in paragraph (1)—
(i)in sub-paragraph (ad)—
(aa)for “Union” substitute “GB”;
(bb)for “protected zone” substitute “PFA”;
(ii)for sub-paragraph (d) substitute—
“(d)it belongs to a variety the seeds of which may be marketed in accordance with, in relation to England, the Seed Marketing Regulations 2011, and, in relation to Wales, the Seed Marketing (Wales) Regulations 2012; and”;
(b)in paragraph (2)—
(i)in the definition of “protected zone quarantine pest”, for “protected zone” substitute “PFA”;
(ii)in the definitions of “RNQP” and “Union quarantine pest”, for “Union” substitute “GB”.”;
(c)omit paragraph (4).
(3) In regulation 5 —
(a)in paragraph (2)(a), omit “ “Directive 2000/29/EC”,”;
(b)after paragraph (3), insert—
“(3A) In regulation 4—
(a)in paragraph (1)(ae)—
(i)for “Union” substitute “GB”;
(ii)for “protected zone” substitute “PFA”;
(b)in paragraph (2)—
(i)in the definition of “protected zone quarantine pest”, for “protected zone” substitute “PFA”;
(ii)in the definitions of “RNQP” and “Union quarantine pest”, for “Union” substitute “GB”.”;
(c)omit paragraphs (4) and (5);
(d)in paragraph (6)(a), after “or” insert “national”;
(e)in paragraph (7)—
(i)in sub-paragraph (b)(i), for “into the United Kingdom” substitute “produced in a country outside of the United Kingdom”;
(ii)for sub-paragraph (d), substitute—
“(5) Paragraphs (2) and (4) do not apply to suppliers importing propagating material produced in the Channel Islands or the Isle of Man.”.
(4) In regulation 6—
(a)in paragraph (3)—
(i)omit sub-paragraph (a);
(ii)after sub-paragraph (b) insert—
“(ba)before the definition of “crossing design” insert—
“a “country granted equivalence” means a third country that has been assessed by the Secretary of State that the forest reproductive material from that third country is produced under conditions equivalent to the requirements of these Regulations for that category of forest reproductive material to which these Regulations apply;”;”;
(iii)in sub-paragraph (c), for the new definition of “the Department” to be inserted by that sub-paragraph, substitute—
““Crown Dependency” means the Isle of Man or any of the Channel Islands;
“the Department” has the meaning given in the NI Regulations;”;
(iv)for sub-paragraph (g) substitute—
“(g)in the definition of “Master Certificate”—
(i)in paragraph (b), for “official body for Northern Ireland” to the end substitute “Department in accordance with regulation 13 of the NI Regulations”;
(ii)omit paragraph (c);
(iii)in paragraph (d)—
(aa)for “EU-approved third country” substitute “OECD country granted equivalence”;
(bb)for the words from “a relevant” to the end substitute “the Department in accordance with the NI Regulations”;
(iv)in paragraph (e)—
(aa)for “permitted third country” substitute “non-OECD country granted equivalence”;
(bb)for “an official body of a member State” substitute “the Department”;
(v)after paragraph (e) insert—
“(f)in the case of forest reproductive material produced in a Crown Dependency, an official certificate issued in relation to the material by an official body of that Crown Dependency under legislation recognised by the Secretary of State to have equivalent effect to these Regulations.”;”;
(v)after sub-paragraph (i) insert—
“(ia)after the definition of “the 1973 Regulations” insert—
“a “non-OECD country granted equivalence” means a country granted equivalence and which is not a member of the OECD Scheme;
an “OECD country granted equivalence” means a country granted equivalence and which is a member the OECD Scheme;
the “OECD Scheme” means the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade adopted by Decision C(2007)69 of the Council of the Organisation for Economic Co-operation and development, as last amended by Decision CA(2018)14 of the Committee for Agriculture(11);;;”;”;
(vi)for sub-paragraph (j) substitute—
“(j)in the definition of “official body”—
(i)omit paragraphs (a) and (b);
(ii)in paragraph (c), for “a permitted third country” substitute “a country granted equivalence or a Crown Dependency”;”;
(vii)for sub-paragraph (k) substitute—
“(k)omit the definition of “permitted third countries”;”;
(viii)in sub-paragraph (m), in the new definition of “third country”, for “United Kingdom” substitute “British Islands”;
(ix)after sub-paragraph (m) insert—
“(n)after the definition of “the Tribunal” insert—
““UK plant passport” has the meaning given in the EU Plant Health Regulation;”.”
(b)after paragraph (4) insert—
“(4A) In regulation 3, for “to third countries” substitute “outside of Great Britain”.”;
(c)for paragraph (7)(a)(ii) substitute—
“(ii)in paragraph (iii), for “an EU-approved third country or a permitted third country” substitute “a country granted equivalence”;”;
(d)for paragraph (8)(a) substitute—
“(a)in paragraph (1)—
(i)in sub-paragraph (b)—
(aa)omit “or another member State”;
(bb)for “Article 14 of the Directive” substitute “regulation 19 of the NI Regulations”;
(ii)in sub-paragraph (c), for “EU-approved third country and imported from a third country” substitute “OECD country granted equivalence and imported”;
(iii)omit sub-paragraph (d);
(iv)in sub-paragraph (e) for “permitted third country and imported from a third country” substitute “non-OECD country granted equivalence and imported”;
(v)after sub-paragraph (e) insert—
“(ea)in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into England by the supplier’s label or document required by regulation 19 of the NI Regulations;
(eb)in the case of forest reproductive material produced in a Crown Dependency and imported into England, it has met the requirements set out in legislation of that Crown Dependency which is recognised by the Secretary of State to have equivalent effect to these Regulations and was accompanied on its entry into England by a supplier’s label or document as required by regulation 23A.”;
(vi)omit sub-paragraph (f);”;
(e)in paragraph (10)—
(i)in sub-paragraph (a), for paragraph (i) substitute—
“(i)in sub-paragraph (e), for “another member State or a third country” substitute “a Crown Dependency or a country granted equivalence”;”;
(ii)for sub-paragraph (b) substitute—
“(b)in paragraph (3), for “an EU-approved third country” substitute “a country granted equivalence”;”;
(f)in paragraph (11), for “United Kingdom” substitute “British Islands”;
(g)for paragraph (12) substitute—
“(12) Omit regulation 21.”;
(h)after paragraph (14) insert—
“(14A) After regulation 23 insert—
23A. No person acting in the course of a business or trade whether or not for profit shall import from a Crown Dependency forest reproductive material into a relevant territory intending to market that material unless it is accompanied by a supplier’s label or document setting out the particulars required under legislation of that Crown Dependency which is recognised by the Secretary of State as having equivalent effect to regulation 19 of these Regulations.””;
(i)for paragraph (16) substitute—
“(16) In regulation 25—
(a)in the heading, for “third countries” substitute “countries granted equivalence”;
(b)in paragraphs (1) and (2), for “an EU-approved third country or a permitted third country” substitute “a country granted equivalence”;
(c)in paragraph (6), for “EU-approved third country” substitute “OECD country granted equivalence”.”;
(j)in paragraph (25)—
(i)for sub-paragraph (a) substitute—
“(a)in paragraph 1, for “an EU-approved third country or a permitted third country” substitute “a country granted equivalence”;”;
(ii)in sub-paragraph (b)—
(aa)after paragraph (i) insert—
“(ia)omit the definition of “the OECD Scheme”;”;
(bb)for paragraph (ii) substitute—
“(ii)in the definition of “permitted material”—
(aa)in sub-paragraph (a), for “an EU-approved third country” substitute “an OECD country granted equivalence”;
(bb)in sub-paragraph (a)(iii), after “ “selected”” insert “, “tested””;
(cc)in sub-paragraph (b), for “permitted third country” substitute “non-OECD country granted equivalence”;
(dd)in sub-paragraph (b)(i), for the words from “second” to the end substitute “authorisation for that country published by the Secretary of State;
(ee)omit the table below sub-paragraph (b);”;
(iii)for sub-paragraph (c) substitute—
“(c)in paragraph 3, for “EU-approved third country” substitute “OECD country granted equivalence”;
(d)in paragraph 6 and in the heading, after “the “qualified category” ” insert “or the “tested category””;
(e)in paragraph 7, for “permitted third country” substitute “non-OECD country granted equivalence”.”.
(5) In regulation 7—
(a)for paragraph (2) substitute—
“(2) In regulation 3, for paragraph (1) substitute—
“(1) For the purposes of these Regulations—
(a)the “GB Variety List” is the list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001(12);
(b)a “country granted equivalence” means—
(i)a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries; or
(ii)a country that has been assessed by the Secretary of State that the seed from that country is produced under conditions equivalent to the requirements in these Regulations for seed to which these Regulations apply;
(c)“Crown Dependency” means any of the Channel Islands or the Isle of Man;
(d)the “NI Variety List” means the list of plant varieties prepared and published by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;”.”;
(b)for paragraph (3) substitute—
“(3) In regulation 4(2), for “the European Union” substitute “Great Britain”.”;
(c)for paragraph (4) substitute—
“(4) In regulation 7, for the words from “United Kingdom” to the end substitute “GB Variety List, NI Variety List or an equivalent list in a country granted equivalence”.”;
(d)omit paragraph (5);
(e)for paragraph (6) substitute—
“(6) In regulation 10, in paragraph (a) for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;”;
(f)in paragraph (9)—
(i)for sub-paragraph (a) substitute—
“(a)in the heading, for “outside the European Union” substitute “a country granted equivalence””;
(ii)after sub-paragraph (a) insert—
“(aa)for paragraph (1) substitute—
“(1) Seed imported from a country granted equivalence must—
(a)be a variety listed in the GB Variety List; and
(b)be labelled with—
(i)for standard vegetable seed, a supplier’s label in accordance with paragraph 25(4) or (5) of Schedule 3;
(ii)for all other seed, a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.”;”;
(iii)in sub-paragraph (b), for “into the United Kingdom” substitute “from a country granted equivalence”;
(iv)omit sub-paragraph (c);
(g)in paragraph (11)—
(i)in the new regulation 32A and in the heading. to be inserted by that paragraph, after “Crown Dependency” insert “or a country granted equivalence”;
(ii)in the new regulation 32B to be inserted by that paragraph—
(aa)for “exit day”, in each place where it occurs, substitute “IP completion day”;
(bb)for “two years” substitute “one year”;
(h)omit paragraph (12);
(i)in paragraph (13)—
(i)in sub-paragraph (a)(iii), in the new sub-paragraph (6)(b)(i)(bb) to be inserted by that paragraph, for “United Kingdom National” substitute “GB Variety”;
(ii)for sub-paragraph (e) substitute—
“(e)in paragraph 43(2), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;”;
(j)in paragraph (14)—
(i)in sub-paragraph (c)(i), for “UK” substitute “GB”;
(ii)for sub-paragraph (e) substitute—
“(e)in paragraphs 12(2)(a) and 14(1)(a), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;”;
(iii)in sub-paragraphs (g) and (j), for “UK” substitute “GB”;
(k)in paragraph (15)—
(i)in sub-paragraph (d)—
(aa)before paragraph (i), insert—
“(ai)in sub-paragraphs (2) and (3) for “United Kingdom National” substitute “GB Variety”;”;
(bb)in paragraph (i) in the new paragraph (5A) to be inserted by that paragraph, for “the United Kingdom”, in each place where it occurs, substitute “Great Britain”;
(ii)in sub-paragraph (e)(ii), for “UK” substitute “GB”;
(iii)after sub-paragraph (e) insert—
“(ea)in paragraph 9—
(i)in sub-paragraphs (1), (5) and (6), for “United Kingdom National” substitute “GB Variety”;
(ii)in sub-paragraph (8), in the words before paragraph (a), for “the United Kingdom” substitute “Great Britain”;”;
(iv)for sub-paragraph (f) substitute—
“(f)in paragraph 10—
(i)in sub-paragraph (1), for the words from “United Kingdom”, where it first occurs” to the end substitute “GB Variety List provided an application has been made for entry into the GB Variety List or the NI Variety List”;
(ii)in sub-paragraph (4) for “relevant National List” substitute “GB Variety List, NI Variety List or an equivalent list of a country granted equivalence”;
(iii)omit sub-paragraphs (7) and (8);”;
(v)for sub-paragraph (g) substitute—
“(g)in paragraph 11(2), for “United Kingdom National List or the Common Catalogue” substitute “GB Variety List”;”;
(vi)in sub-paragraph (h)(ii)(bb) for “exit day” substitute “IP completion day”;
(vii)for sub-paragraph (l), substitute—
“(l)omit paragraph 16;”;
(viii)for sub-paragraph (n) substitute—
“(n)in paragraph 18, for “United Kingdom National List or Common Catalogue” substitute “GB Variety List”;”.
(6) In regulation 8—
(a)in paragraph (2)—
(i)in sub-paragraphs (a), (b), (c), (f), and (i)—
(aa)in the new paragraph (ii) to be inserted by each of those sub-paragraphs, after “Crown Dependency” insert “or a country granted equivalence”;
(bb)omit the new paragraph (iii) to be inserted by each of those sub-paragraphs;
(ii)in sub-paragraph (d), for the new definition to be inserted by that paragraph, substitute—
““country granted equivalence” means a country that has been assessed under regulation 5(3) and the Secretary of State is satisfied that the plant material from the country is produced under conditions equivalent to the requirements in these Regulations for plant material;
“Crown Dependency” means the Isle of Man or any of the Channel Islands;”;
(iii)in sub-paragraph (g), for “, any member State or any Crown Dependency” substitute “, any Crown Dependency or country granted equivalence”;
(b)in paragraph (3) for “United Kingdom” substitute “Great Britain”;
(c)for paragraph (4) substitute—
“(4) In regulation 5, in paragraph (3), for “European Union” substitute “United Kingdom”.”;
(d)omit paragraphs (6), (7) and (8);
(e)in paragraph (10)—
(i)in sub-paragraph (a) and (c)(i), for “UK” substitute “GB”;
(ii)in sub-paragraph (c)(ii), for “sub-paragraphs (b)(i) and (x)” substitute “sub-paragraph (b)(i)”;
(f)in paragraphs (14)(a), (16)(a) and (17), in the new paragraph (ii) to be inserted by those paragraphs, for “exit day” substitute “IP completion day”.
30.—(1) The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019(13) are amended as follows.
(2) In regulation 4—
(a)in paragraph (2), in the new Article A1 to be inserted by that paragraph—
(i)in the definition of “the appropriate authority”, omit paragraph (d);
(ii)after the definition of “the appropriate authority”, insert—
““the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;”;
(iii)for the definition of “responsible authority” substitute—
““responsible authority” means—
in relation to shortages in supply of fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and, in relation to Northern Ireland, the Department of Agriculture, and is the Secretary of State if consent is given by—
in relation to Wales, the Welsh Ministers;
in relation to Scotland, the Scottish Ministers;
in relation to Northern Ireland, the Department of Agriculture;
in relation to shortages in supply of seed other than fodder seed, any authority who, in relation to any part of Great Britain, is the appropriate authority and is the Secretary of State if consent is given by—
in relation to Wales, the Welsh Ministers;
in relation to Scotland, the Scottish Ministers;”;
(b)in paragraph (4), in sub-paragraph (a), in new paragraph 1 to be inserted by that sub-paragraph, for “in the United Kingdom” substitute “of fodder seed in the United Kingdom, or of seed other than fodder seed in Great Britain,”.
(3) In regulation 6—
(a)in paragraph (2)—
(i)in paragraph 1(d) of new Article A1 to be inserted by that paragraph, after “Northern Ireland,”, where it first occurs, insert “in relation to fodder seed, the relevant provisions of”;
(ii)in new Article A1 to be inserted by that paragraph, at the end insert—
“a “country granted equivalence” means a country that has been assessed by, in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, and in relation to Scotland, the Scottish Ministers that the seed from that country is produced under conditions equivalent to the requirements in the Seeds Marketing Regulations for seed to which those Regulations apply.”;
(b)for paragraph (3) substitute—
“(3) In Article 1—
(a)after “Decision” insert “and, in relation to Northern Ireland, field inspections concerning seed-producing crops of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;
(b)omit “third”;
(c)for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;
(3A) In Article 2—
(a)after “Decision”, in the first place where it occurs, insert “and, in relation to Northern Ireland, seed of the species specified in Directive 66/401/EEC on the marketing of fodder plant seed only”;
(b)omit “third”;
(c)for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC” substitute “the Seeds Marketing Regulations”;”;
(c)for paragraph (4)(b)(ii) substitute—
“(ii)for “EC labels shall be used only” substitute “labels shall be used stating, in relation to fodder seed, “UK rules and standards”, and in relation to all other seed “GB rules and standards” only””;
(d)in paragraph (6)(b)—
(i)for paragraph (iv)(bb) substitute—
“(bb)for “EC rules and standards” substitute “in relation to fodder seed – “UK rules and standards”, and in relation to all other seed “GB rules and standards”;”;
(ii)for paragraph (v) substitute—
“(v)in point 3.2, for “Community law” substitute “, in relation to fodder seed, the law of the United Kingdom, and in relation to seed other than fodder seed, the law of Great Britain”;”;
(iii)for paragraph (vii) substitute—
“(vii)in point 5—
(aa)in the first sub-paragraph, for “the Community”, in both places where it occurs, substitute “United Kingdom”;
(bb)for the second sub-paragraph substitute—
“In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced—
under the responsibility of the persons responsible for the maintenance of the variety referred to in the GB Variety Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001 or the NI Variety Lists pursuant to legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;
in a country which has been granted equivalence of checks on practices for the maintenance of varieties under Council Decision 2005/834/EC; or
in a country granted equivalence and under the responsibility of the persons responsible for the maintenance of the variety.”.”
(iv)in paragraph (viii), in sub-paragraph (cc), for the inserted paragraph substitute—
“in a country granted equivalence.”.
(4) Omit regulation 7.
(5) Omit regulation 8.
(6) In regulation 9—
(a)in paragraph (2), in the new Article A1 to be inserted by that paragraph—
(i)in the definition of “the appropriate authority”, omit paragraph (d);
(ii)in the definition of “responsible authority”, for “the United Kingdom” substitute “Great Britain”;
(b)in paragraph (5), in the words before sub-paragraph (a), after “12” insert “, 13”;
(c)in paragraph (12), before sub-paragraph (a) insert—
“(za)in point 1, for “EU” substitute “GB”;”.
(7) In regulation 10—
(a)in paragraph (2), for sub-paragraph (b) substitute—
“(b)in paragraph (2)(h), for “the Union” substitute “Great Britain”.”;
(b)in paragraph (3), for sub-paragraph (a) substitute—
“(a)for “the Union”, in each place where it occurs, substitute “Great Britain”;”;
(c)in paragraph (3)(b), in the new points (e) to (g) of Article 2 to be inserted by that paragraph—
(i)in point (e), in the definition of “appropriate authority”, omit sub-paragraph (iv);
(ii)in point (f), in the definition of “responsible authority”, for “the United Kingdom” substitute “Great Britain”;
(iii)in point (g), in the definition of “the Seed Potatoes Regulations”, omit sub-paragraph (iv);
(d)in paragraph (5)(a)(iii), in the new point (a) to be inserted by that paragraph, for “National”, in the first place where it occurs, substitute “GB Variety”;
(e)in paragraph (13), in sub-paragraphs (a), (b)(i) and (c)(i), for “UK” substitute “GB”.
31. Parts 2 and 4 of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019(14) are revoked.
32. Regulation 2 of, and the Schedule to, the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019(15) are revoked.
33.—(1) The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019(16) are amended as follows.
(2) In regulation 4—
(a)in paragraph (3), for sub-paragraph (a) substitute—
“(a)in the definition of “holding”, for “the same Member State” substitute “Great Britain”;”;
(b)in paragraph (7)—
(i)for sub-paragraph (a)(i), substitute—
“(i)in the first sub-paragraph, for “the Union”, in both places where it occurs, substitute “Great Britain”;”;
(ii)for sub-paragraph (a)(iii) substitute—
“(iii)in the third sub-paragraph, for “a Member State” substitute “Great Britain”;”;
(c)in paragraph (8)—
(i)for sub-paragraph (a) substitute—
“(a)in the heading, for “one Member State to another” substitute “a Member State to Great Britain”;”;
(ii)for sub-paragraph (b)(i) substitute—
“(i)for “one Member State to another” substitute “a Member State to Great Britain”;”.
(3) In regulation 10—
(a)in paragraph (3), in the text substituted by sub-paragraph (b), in point (e), omit point (iv);
(b)in paragraph (5), for sub-paragraph (e)(i)(aa) substitute—
“(aa)for “the Community” substitute “Great Britain”;”;
(c)in paragraph (10), in the text substituted by sub-paragraph (a), for “the United Kingdom”, in both places where it occurs, substitute “Great Britain”.
34.—(1) The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019(17) are amended as follows.
(2) In regulation 1—
(a)omit sub-paragraph (2);
(b)in sub-paragraph (3), for “The remaining regulations” substitute “These regulations”.
(3) Omit regulations 3(3) and 4.
S.I. 2019/170, amended by S.I. 2019/1220 and S.I. 2019/1229.
S.I. 2019/1220, amended by S.I. 2019/1229.
S.I. 2019/131; amended by S.I. 2019/809, prospectively amended by S.I. 2019/1220, regulation 9: that regulation is being omitted by these Regulations.
S.I. 2001/3510, amended by S.S.I. 2004/317, S.I. 2004/2949, S.S.I. 2005/328, 329, S.I. 2007/1871, 2009/1273, 2010/1195, 2011/464, 2012/2897, 2013/2042, 2014/487, S.S.I 2015/395, S.I. 2016/106 (W. 52), 2018/942, 2020/579. It is prospectively amended by S.I. 2019/162.
S.I. 2019/162, to which there is an amendment not relevant to these Regulations.