The Animals (Legislative Functions) (EU Exit) Regulations 2019

Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof U.K.

11.—(1) Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof is amended as follows.

(2) For Article 7(5) substitute—

“5.   A competent authority may lay down, and publish on a website, model forms for the presentation of the information to be included in the list of recognised breed societies and breeding operations provided for in paragraph 1.”.

(3) For Article 22(3) substitute—

“3.   The appropriate authority may by regulations prescribe methods to be used for the verification of the identity of breeding animals.

4.   Regulations under paragraph 3 may include (but are not limited to) provision for implementation of recommendations made by national or European Union reference centres, the International Committee for Animal Recording (‘ICAR’) or the International Society for Animal Genetics.”.

(4) For Article 26 substitute—

“Article 26 U.K. Requirements for performance testing and genetic evaluation

1.   The appropriate authority may by regulations amend Annex 3 in order to take account of—

(a) scientific advances;

(b) technical developments;

(c) the need to preserve valuable genetic resources.

2.   The appropriate authority may by regulations prescribe requirements for the performance testing and genetic evaluation of purebred breeding animals of the bovine, ovine and caprine species.

3.   Regulations under paragraph 2 may include (but are not limited to)—

(a) methods for the interpretation of the results of performance testing and genetic evaluation;

(b) provision for implementation of recommendations of United Kingdom reference centres (‘reference centres’) or European Union reference centres, or of the principles agreed by ICAR.”.

(5) In the heading to Chapter 6, for “European Union” substitute “ United Kingdom ”.

(6) In Article 29—

(a) in the heading, for “European Union” substitute “ United Kingdom ”;

(b) in paragraph 1, for the words from “Commission” to “centres” substitute “appropriate authority may by regulations designate United Kingdom reference centres (‘reference centres’)”;

(c) in paragraph 2, for the words from “Member States” to the end, substitute “ United Kingdom for the preservation of endangered breeds or the preservation of genetic diversity existing within those breeds, the appropriate authority may by regulations designate reference centres responsible for scientific and technical contribution to the establishment or harmonisation of those methods ”;

(d) omit paragraph 3;

(e) in paragraph 4—

(i) in each place it occurs, omit “European Union”;

(ii) omit the words from “if those tasks” to the end;

(f) after paragraph 4 insert—

“4A.   Regulations under paragraph 1 or 2 may also make provision for reference centres to be responsible for tasks set out in Annex 4, point 4.”;

(g) in paragraph 5—

(i) in the first subparagraph—

(aa) in the words before point (a), for the words from “Commission” to “amending:” substitute “ appropriate authority may by regulations amend: ”;

(bb) in points (a) and (b), omit “European Union”;

(ii) in the second subparagraph, in the words before point (a), for “The delegated acts provided for in this paragraph” substitute “ Regulations made under this paragraph ”;

(h) omit paragraph 6.

(7) In Article 30, for paragraphs 9 and 10 substitute—

“9.   The appropriate authority may by regulations—

(a) amend the contents of the zootechnical certificates set out in Annex 5, in order to take account of—

(i) scientific advances;

(ii) technical developments;

(iii) the need to preserve valuable genetic resources;

(b) prescribe model forms to be used for zootechnical certificates for breeding animals and their germinal products.”.

(8) In Article 32—

(a) in paragraph 1, for the words from “Commission” to “Article 61” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 2—

(i) for “Commission may adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) omit the second sentence.

(9) In Article 35—

(a) in paragraph 1—

(i) for “Commission may adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) omit the words after point (g);

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for the words before point (a) substitute—

“Regulations under paragraph 1 may set out detailed arrangements governing the entry of breeding animals and their germinal products into the United Kingdom from a third country and may include:”;

(ii) in points (b) and (c), in each place where it occurs, for “Union” substitute “ United Kingdom ”;

(d) omit paragraph 4.

(10) In Article 60(1)—

(a) in the words before point (a), for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(b) in point (a), for “Union”, substitute “ United Kingdom ”.

(11) For Article 61, substitute—

“Article 61 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M2 .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M3 as if they were a statutory instrument within the meaning of that Act.

8.   Regulations made under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b) make different provision for different purposes.”.

Commencement Information

I1 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2010 asp 10.

M2 S.I. 1979/1573 (N.I. 12). Articles 2(4)(v) and (vi) were inserted by S.I. 2018/1242.

M3 1954 c.33 (N.I.). Section 41(6) was amended by S.I. 1999/663.