[F1 Article 5a U.K.Matters relating to the exercise of powers under this Decision

1. The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions listed in paragraph 2 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal or public health in the United Kingdom, taking into account the animal health criteria and the public health criteria.

2. The provisions are—

(a)

Article 3(b)(i) (specification of third country or part thereof from which certain meat products not subject to specific treatment may be imported into Great Britain);

(b)

Article 3(b)(ii) (specification of third country or part thereof from which certain meat products subject to specific treatment may be imported into Great Britain);

(c)

in Article 5—

(i)

paragraph 1(a) (specification of third country or part thereof from which certain meat products may be imported into Great Britain for transit to a further third country);

(ii)

paragraph 2 (specification of minimum treatment for certain meat products which are to be imported into Great Britain for transit to a further third country).

(d)

in Annex 1—

(i)

paragraph 2(a)(ii) (specification of treatment for certain meat products);

(ii)

paragraph 2(b)(i) (specification of treatment for certain meat products from more than one animal or animals of more than one species);

(iii)

paragraph 2(b)(ii) (severity of final treatment for certain meat products);

(iv)

paragraph 2(c)(ii) (severity of treatment for certain meat products made for mixing previously treated meat);

(v)

the first sub-paragraph of paragraph 3 (specification of part of a third country from which certain meat products may be imported into Great Britain for transit to a further third country);

(vi)

the second sub-paragraph of paragraph 3 (specification of treatment for certain unauthorised offal).

3. Any assessment which is relied upon for the purposes of paragraph 1 must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).

4. Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 2 the Secretary of State must have regard to that request.

5. In this Article—

• “animal health criteria” means the criteria set out in Schedule 1 to the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019;

• “public health criteria” means the criteria set out in Schedule 2 to those Regulations.]

Textual Amendments

F1 Art. 5a inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 10(5)