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The Animal Welfare (Amendment) (EU Exit) Regulations 2019

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Amendment of Council Regulation (EC) No 1/2005U.K.

This section has no associated Explanatory Memorandum

3.—(1) Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations is amended as follows.

(2) In Article 1—

[F1(a)in paragraph 1—

(i)for “the Community”, in both places it occurs, substitute “Great Britain”;

(ii)omit “the customs territory of”;]

(b)omit paragraphs 3 and 4.

(3) In Article 2—

(a)the existing text is renumbered as paragraph 1;

(b)for point (d) substitute—

(d)‘border inspection post’ means [F2a border control post as defined in Article 3(38) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;];

(c)in point (e)—

(i)for “Community” substitute “ retained EU ”;

(ii)for “Chapter I of Annex A to Directive 90/425/EEC” substitute “ Annex 2A to this Regulation ”;

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(g)in point (q)(iii), for “Annex II” substitute “the form published by an Appropriate Minister from time to time”;]

(h)in point (r), in the second paragraph, for “Community” substitute “ retained EU ”;

(i)in point (u), for “means registered equidae as referred to in Directive 90/426/EEC” substitute—

(u)‘registered Equidae’:

(i)for equidae registered in [F7Great Britain], has the meaning given in Article 2(e) of Commission Implementing Regulation (EU) 2015/262;

(ii)for all other registered equidae, has the meaning given in Article 2(c) of Council Directive 2009/156/EC;;

(j)after point (z), insert—

(z1)‘Appropriate Minister’ means:

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

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

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

F8(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(z2)‘third country’ means any country other than the [F9British Islands];

(z3)‘EU Council Regulation’ means Council Regulation (EC) No 1/2005 as it has effect in EU law as amended from time to time;

F10(z4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

[F12(3A) Before Article 3 insert—

Article 2bU.K.Authorisations and certificates issued in the Channel Islands and the Isle of Man

For the purposes of Chapter 2 and Chapter 3 of, and Annex 2 to, this Regulation, a transporter authorisation, certificate of competence or certificate of approval granted or issued in the Channel Islands or the Isle of Man is to be recognised as if it were issued by a competent authority in Great Britain..]

(4) In Article 4(2), before “competent” insert “ relevant ”.

(5) In Article 5—

(a)at the end of paragraph 1, insert “ of this Regulation or authorised in [F13Northern Ireland] in accordance with Article 10(1) or 11(1) of the EU Council Regulation ”.

(b)in paragraph 3(b), before “competent” insert “ relevant ”;

[F14(c)in paragraph 4—

(i)for “Member States and with” substitute “Great Britain and”;

(ii)for “Annex II” substitute “the form published by an Appropriate Minister from time to time”.]

(6) Article 6 is amended in accordance with paragraphs (7) to (12).

(7) In paragraph 1—

(a)for the first sentence substitute—

1.  No person shall act as a transporter unless that person holds:

(a)an authorisation issued by a competent authority pursuant to Article 10(1) or, for long journeys, Article 11(1), of this Regulation, or

(b)an authorisation issued in [F15Northern Ireland], where that authorisation is issued pursuant to Article 10(1), or for long journeys, Article 11(1) of the EU Council Regulation.;

(b)the second sentence becomes paragraph 1A;

(c)in that paragraph, before “competent” insert “ relevant ”.

(8) In paragraph 2, before “competent” insert “ relevant ”.

(9) For paragraph 4 substitute—

[F164.   Transporters must entrust the handling of the animals to personnel who have:

(a)received training on the relevant provisions of Annex 1 to this Regulation and the form to be published by the Appropriate Minister from time to time, or

(b)received training in Northern Ireland on the relevant provisions of Annexes 1 and 2 of the EU Council Regulation.].

(10) In paragraph 5—

(a)for the first sentence substitute—

5.  No person shall drive, or act as an attendant on a road vehicle transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry unless he holds a certificate of competence pursuant to:

(a)Article 17(2) of this Regulation, or

(b)a certificate of competence issued in [F17Northern Ireland] pursuant to the EU Council Regulation;;

(b)the second sentence becomes paragraph 5A;

(c)in that paragraph, before “competent” insert “ relevant ”.

(11) In paragraph 8, for the words from “the certificate” to the end substitute “ to the relevant competent authority the certificate of approval as provided for in Article 18(2) or 19(2) of this Regulation or [F18, where the certificate of approval was issued in Northern Ireland, Article 18(2) or 19(2)] of the EU Council Regulation ”.

(12) In paragraph 9—

(a)in the first sentence omit the words from “, as from 1 January 2007” to the end;

(b)in the second sentence, before “competent” insert “ relevant ”;

(c)omit the third sentence.

(13) In Article 7—

(a)at the end of paragraph 1, insert “ of this Regulation or [F19has been inspected and approved in Northern Ireland under Article 18(1)] of the EU Council Regulation ”.

[F20(b)in paragraph 2—

(i)for “Community port” substitute “port in Great Britain”;

(ii)at the end, insert “of this Regulation or has been inspected and approved in Northern Ireland under Article 19(1) of the EU Council Regulation”.]

(14) In Article 8—

(a)in paragraph 2—

(i)in the first sentence, for “Member States and with third countries” substitute [F21Great Britain and] a third country ”;

[F22(ii)in the second sentence—

(aa)after “long journeys” insert “between Great Britain and third countries”;

(bb)for “Annex II” substitute “the form published by an Appropriate Minister from time to time”.]

(15) In Article 9(2)—

(a)in the words before point (a), for “Community” substitute “ retained EU ”;

[F23(aa)in point (a), after the words “Annex I” insert “or have followed training courses in Northern Ireland on the relevant technical rules set out in Annex I of the EU Regulation”;]

(b)in points (c) and (d), for “the competent” substitute “ a competent ”.

(16) In Article 10—

(a)in paragraph 1—

(i)in the words before point (a), for “The” substitute “ A ”;

(ii)in point (a)—

F24(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(bb)for “the Member State where they apply for authorisation” substitute “Great Britain”;]

(iii)in point (c)—

(aa)for “Community legislation” substitute “ retained EU law ”;

(bb)omit “national”;

(cc)for “Competent Authority” substitute “ relevant competent authority ”;

(b)in paragraph 2, in the first sentence—

(i)for “The” substitute “ A ”;

(ii)for “specimen set out in Chapter I of Annex III” substitute “ form published by the Appropriate Minister from time to time ”.

(17) In Article 11—

(a)in paragraph 1—

(i)in the words before point (a), for “The” substitute “ A ”;

(ii)in point (b)(i), for the words from “as provided” to the end substitute “ for all drivers and attendants carrying out long journeys, as provided for in Article 17(2) of this Regulation or [F26, where the certificate of competence has been issued in Northern Ireland, Article 17(2)] of the EU Council Regulation ”;

(iii)in point (b)(ii), for the words from “as provided” to the end substitute “ for all means of transport by road to be used for long journeys, as provided for in Article 18(2) of this Regulation or [F27, where the certificate of approval has been issued in Northern Ireland, Article 18(2)] of the EU Council Regulation ”;

(b)omit paragraph 2(a) and (b);

(c)in paragraph 3, in the first sentence—

(i)for “The” substitute “ A ”;

(ii)for “set out in Chapter II of Annex III” substitute “ form published by the Appropriate Minister from time to time ”.

(18) In Article 12, omit “, in no more than one Member State”.

(19) In Article 13—

(a)in the heading, for “the” substitute “ a ”;

(b)in paragraph 1—

(i)for “The” substitute “ A ”;

(ii)for “provided for in” substitute “ issued by it under ”;

(c)in paragraph 2—

(i)in the first sentence—

(aa)for “The” substitute “ A ”;

[F28(bb)for “the Member State” substitute “Great Britain”;]

(ii)in the second sentence, for the words from “the official” to the end substitute “ English and other languages may also appear ”;

(d)in paragraph 3—

(i)for “The” substitute “ A ”;

(ii)for “provided for in” substitute “ issued by it under ”;

(iii)for “authority” substitute “ authorities ”;

(e)for paragraph 4 substitute—

4.  The relevant competent authority shall record authorisations it has issued pursuant to Article 11(1) in an electronic database. The transporter's name and authorisation number shall be made publicly available by the issuing competent authority during the period of validity of the authorisation. Subject to rules regarding privacy protection, public access to other data in relation to transporters' authorisations shall be granted by the relevant competent authority..

F29(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23) In Article 17—

(a)in paragraph 1, after “Article 6(4)” insert “ (a) ”;

(b)for paragraph 2 substitute—

2.  The certificate of competence for drivers and attendants of road vehicles transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry as referred to in Article 6(5)(a) shall be granted in accordance with [F30Annex IV]. The certificate of competence shall be drawn up in English and other languages may also appear. The certificate of competence shall be issued by a competent authority and in accordance with the form published by an Appropriate Minister from time to time. The scope of the said certificate of competence may be limited to a specific species or group of species..

(24) In Article 18—

(a)in paragraph 1—

(i)in the words before point (a), for the words from the beginning to “Member State” substitute “ A competent authority ”;

(ii)in point (a), omit “in the same or another Member State”;

(iii)in point (b), for the words from “the competent” to “Member State” substitute “ a competent authority ”;

(b)in paragraph 2, for the first and second sentences substitute—

A competent authority shall issue each certificate with a number unique in [F31Great Britain] and in accordance with the form published by an Appropriate Minister from time to time. The certificate shall be drawn up in English and other languages may also appear.;

(c)in paragraph 3—

(i)for “The competent authority” substitute “ The issuing competent authority ”;

(ii)omit “in a manner enabling them to be rapidly identified by the competent authorities in all Member States, in particular in the event of failure to comply with the requirements of this Regulation”.

(25) In Article 19—

(a)in paragraph 1—

(i)in the words before point (a), for the words from the beginning to “Member State” substitute “ A competent authority ”;

[F32(ii)in point (a), for “the Member State where the application is made” substitute “Great Britain”;]

(iii)in point (b), omit “in the same or another Member State”;

(iv)in point (c), for the words from “the competent” to “Member State” substitute “ a competent authority ”;

(b)for paragraph 2 substitute—

A competent authority shall issue each certificate with a number unique in [F33Great Britain]. The certificate shall be drawn up in English and other languages may also appear. Certificates shall be valid for a period of not more than five years from the date of issue and shall become invalid as soon as the means of transport are modified or refitted in a way that affects the welfare of the animals.;

(c)in paragraphs 3 and 4, for “The” substitute “ A ”.

(26) In Article 20(1) and (2), in the words before point (a), before “competent” insert “ relevant ”.

(27) In Article 21—

(a)in paragraph 1—

(i)for “Regulation (EC) No 639/2003” substitute “ Regulation (EC) No 817/2010;

(ii)in the words before point (a), for “the Member States” substitute “ a competent authority ”;

[F34(iii)in point (a), for the words from “Article 10(1)” to the end, substitute—

(i)Article 10(1) of this Regulation or, where the authorisation has been issued in Northern Ireland, Article 10(1) of the EU Council Regulation, or

(ii)for long journeys, Article 11(1) of this Regulation or, where the authorisation has been issued in Northern Ireland, Article 11(1) of the EU Council Regulation;]

[F35(iv)in point (b), at the end insert “or, where the certificate of competence has been issued in Northern Ireland, Article 17(2) of the EU Council Regulation”;]

(b)in paragraph 2—

(i)in the first sentence, for “Annex II” substitute “ accordance with the form published by an Appropriate Minister from time to time ”;

(ii)for “or print out as referred to in Annex I or Annex IB to Regulation (EEC) No 3821/85” substitute “ as defined in Regulation (EU) No 165/2014 ”;

(c)in paragraph 3, before “competent” insert “ relevant ”.

(28) In Article 22—

(a)in paragraph 1, for “The competent”, in both places it occurs, substitute “ A competent ”;

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(30) Omit [F38Article 24].

F39(31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(34) In Article 29—

(a)in the first sentence, for “Member States” substitute “ The Appropriate Minister ”;

(b)omit the second and third sentences.

(35) Omit Article 30(7).

(36) Omit Articles 31 and 32.

(37) For Article 33 substitute—

33.  References to Directive 91/628/EEC M1 and Regulation (EC) No 411/98 shall be construed as references to this Regulation..

(38) Omit Articles 34 to 36.

(39) After Article 37, omit the words from “This Regulation” to “Member States.”

(40) In Annex 1—

(a)in Chapter 1, in paragraph 3(b), for “Council Directive 86/609/EEC” substitute “ the Animals (Scientific Procedures) Act 1986 M2;

(b)in Chapter 2, in paragraph 1.6, omit “Community or national”;

(c)in Chapter 3, in paragraph 2.2, omit the words from “provided that” to the end;

(d)in Chapter 4, in paragraph 1, for “the competent” substitute “ a competent ”;

[F40(e)in Chapter 5—

(i)in paragraph 1.7(b), omit “of the Community”;

(ii)omit paragraph 1.9;]

(f)in Chapter 6—

(i)in paragraph 3.3, for “the competent” substitute “ a competent ”;

(ii)omit paragraph 3.5;

(iii)in paragraph 4.1, for “as referred to in Annex II, Section 4” substitute “ in accordance with the form published by an Appropriate Minister from time to time ”;

(iv)omit paragraphs 4.2 and 4.3.

(41) In Annex 2—

(a)in paragraph 2, for the final sentence substitute—

The Appropriate Minister may publish models for each section.;

(b)in paragraph 3(b) and (c), for “the competent” substitute “ a competent ”;

(c)in paragraph 3(e), for “to a third country” substitute [F41from Great Britain];

(d)in paragraph 4—

(i)for “[F42the] territory of the Community” substitute [F43Great Britain];

(ii)before “competent” insert “ relevant ”;

(e)in paragraph 5—

(i)in the first subparagraph, for “[F44the] territory of the Community” substitute [F45Great Britain];

(ii)in the second subparagraph, for “the competent” substitute “ a competent ”;

(f)in paragraph 6, for “[F46the] territory of the Community” substitute [F47Great Britain];

(g)in paragraph 8—

(i)before “competent”, in each place it occurs, insert “ relevant ”;

(ii)in the third subparagraph, omit the words from “in accordance” to “31(2),”;

(h)omit the Appendix.

(42) After Annex 2 insert—

ANNEX 2AU.K.RELEVANT RETAINED EU VETERINARY LEGISLATION

This Annex lists the retained EU veterinary legislation relevant to this Regulation:

(1) The legislation which transposed the following Directives:

(i)Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine;

(ii)Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species;

(iii)Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species;

(iv)Council Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae;

(v)Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae;

(vi)Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs;

(vii)Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;

(viii)Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals;

(ix)Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I)(1) to Directive 90/425/EEC;

(x)Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC;

(2) The following instruments:

(i)Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations;

(ii)Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption..

(43) Omit Annex 3.

(44) In Annex 4—

(a)in paragraph 1, for “the competent” substitute “ a competent ”;

(b)in paragraph 2, in the words before point (a), for “Community legislation” substitute “ retained EU law ”.

[F48(c)after paragraph 2, insert—

3.  Where a road driver or attendant holds a certificate of competence issued in the Republic of Ireland in accordance with Article 17(2) of the EU Council Regulation, that person will be deemed to have met the requirements of paragraph 1 for the purposes of this Regulation..]

Textual Amendments

F2Words in reg. 3(3)(b) substituted (E.W.S.) (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 42(2)(a)(i) (as amended by S.I. 2020/1631, regs. 1(2), 10(2))

F7Words in reg. 3(3)(i) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(9)(b)

F8Words in reg. 3(3)(j) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(9)(c)(i)

F10Words in reg. 3(3)(j) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(9)(c)(iii)

F11Words in reg. 3(3)(j) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(9)(c)(iv)

F15Words in reg. 3(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(12)

F17Words in reg. 3(10)(a) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(14)

F21Words in reg. 3(14)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(17)(a)

F24Reg. 3(16)(a)(ii)(aa) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(19)(a)

F26Words in reg. 3(17)(a)(ii) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(20)(a)

F27Words in reg. 3(17)(a)(iii) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(20)(b)

F28Reg. 3(19)(c)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(21)

F29Reg. 3(20)-(22) omitted (31.12.2020 immediately before IP completion day) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 42(2)(b) (as amended by S.I. 2020/1631, regs. 1(2), 10(2))

F30Words in reg. 3(23)(b) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(24)

F31Words in reg. 3(24)(b) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(25)

F33Words in reg. 3(25)(b) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(26)(b)

F39Reg. 3(31)-(33) omitted (31.12.2020 immediately before IP completion day) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 42(2)(d) (as amended by S.I. 2020/1631, regs. 1(2), 10(2))

F41Words in reg. 3(41)(c) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(30)(a)

F43Words in reg. 3(41)(d)(i) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(30)(b)(ii)

F45Words in reg. 3(41)(e)(i) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 2(30)(b)(ii)

Commencement Information

I1Reg. 3 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

M1OJ No L 340, 11.12.1991, p. 17, as last amended by Council Regulation (EC) No 1/2005 (OJ No L 3, 5.1.2005, p. 1).

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