The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020

Commission Regulation (EU) No 142/2011

13.—(1) Commission Regulation (EU) No 142/2011 implementing 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 and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive is amended as follows.

(2) In the Regulation—

(a) for “Union legislation”, in each place where it occurs, substitute “retained EU law”;

(b) for “border inspection post”, in each place where it occurs, substitute “border control post”.

(3) In Article 1(b), for “16(1)(e) and (f) of Directive 97/78/EC” substitute “48(a) and (b) of the Official Controls Regulation”;.

(4) In Article 3, in the words before point (a), after “imported” insert “from a third country”.

(5) In Article 4—

(a) for “Article 1.2.3 of the Terrestrial Animal Health Code, 2010” substitute “Chapter 1.3 of the Terrestrial Animal Health Code, 2019(1)”;

(b) for “Aquatic Animal Health Code, 2010” substitute “Aquatic Animal Health Code, 2019(2)”.

(6) Omit Article 5(1).

(7) In Article 6—

(a) in paragraph 1, in each of points (a) and (b), for “Directive 2000/76/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012”;

(b) in paragraph 8(a), for “authorities of the Member State”, in each place where it occurs, substitute “authority”.

(8) Omit Articles 11(3) and 12(3).

(9) In Article 13, omit paragraphs 1(b) and 2(b).

(10) In Article 15, in the second subparagraph, for “Member States may authorise” substitute “nothing in this Regulation prevents the appropriate authority from authorising”.

(11) In Article 16—

(a) in paragraph 1, omit “Member States or”;

(b) in paragraph 2, for “Member States” substitute “The appropriate authority”;

(c) in paragraph 3, for “Commission” substitute “appropriate authority”.

(12) In Article 19(b)(viii), for “Union veterinary legislation” substitute “veterinary legislation forming part of retained EU law”.

(13) In Article 20a—

(a) in the heading, omit “in Member States”;

(b) in the words before point (a), omit “of a Member State”;

(c) in point (a), for “Commission website” substitute “website of the relevant appropriate authority”;

(d) in point (b), for “TRACES”, in both places where it occurs, substitute “the appropriate computerised information management system”.

(14) In Article 21—

(a) in each of paragraphs 1 and 2, after “import” insert “from a third country”;

(b) omit paragraph 3.

(15) In Article 22—

(a) in paragraph 1, after “import” insert “from a third country”;

(b) in paragraph 2—

(i) in point (a), for “Union” substitute “British Islands”;

(ii) in point (b), after “imported” insert “from a third country”;

(c) in paragraph 3, for “Member State” substitute “constituent nation”;

(d) omit paragraph 4;

(e) in paragraph 5, for “authorities of the Member States” substitute “authority”.

(16) In Article 23(1)—

(a) after “imported” insert “from a third country”;

(b) for “the Union” substitute “Great Britain”.

(17) In Article 24—

(a) in paragraph 2, after “imported” insert “from a third country”;

(b) in each of paragraphs 3 and 4, after “import” insert “from a third country”.

(18) In Chapter 8, after the heading insert—

“Article 24A Special transitional import arrangements

The requirements of this Chapter and Annexes 8 and 12 to 16 are subject to the special transitional import arrangements set out in Schedule 5 to the England Trade Regulations or equivalent provisions in the Wales Trade Regulations or the Scotland Trade Regulations and Annex 6 to the Official Controls Regulation.”.

(19) Article 25 is amended in accordance with paragraphs (20) to (24).

(20) In the heading, after “import” insert “from a third country”.

(21) In paragraph 1—

(a) after “importation” insert “from a third country”;

(b) for “the Union” substitute “Great Britain”.

(22) In paragraph 2—

(a) in the words before point (a)—

(i) after “importation” insert “from a third country”;

(ii) for “the Union” substitute “Great Britain”;

(b) in point (e)—

(i) in point (i)—

(aa) for “the Union kept in a third country” substitute “Great Britain and kept in the British Islands or a third country”;

(bb) in the first indent, for “the Union” substitute “Great Britain”;

(ii) in point (iii)—

(aa) for “Union” substitute “Great Britain”;

(bb) for “Annex I to Decision 2009/821/EC” substitute “accordance with Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points”;

(cc) for “Article 4(3) of Directive 97/78/EC” substitute “Article 49(1) of the Official Controls Regulation”.

(23) In paragraph 3—

(a) in the words before point (a)—

(i) after “importation” insert “from a third country”;

(ii) for “the Union” substitute “Great Britain”;

(b) in point (c), for “the Union” substitute “Great Britain”.

(24) In paragraph 4, for “the Union” substitute “Great Britain”.

(25) In Article 26—

(a) in the words before point (a), for “or in Article 2(b) of Directive 96/23/EC” substitute “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;

(b) in point (b)(iii), in the first indent, for “Article 1(1) of Directive 76/768/EEC” substitute “Article 2(1)(a) of Regulation (EC) No 1223/2009”;

(c) in point (e)—

(i) for “a Member State” substitute “Great Britain”;

(ii) for “that Member State” substitute “Great Britain”.

(26) In Article 27—

(a) in the heading, after “importation” insert “from a third country”;

(b) in paragraph 1—

(i) in the first subparagraph, after “importation” insert “from a third country”;

(ii) in point (a), for “Member State” substitute “constituent nation”;

(iii) in point (b), for “the Union” substitute “Great Britain”;

(c) in paragraph 3, after “samples”, in the second place where it occurs, insert “from a third country”.

(27) In Article 28—

(a) in the heading and paragraphs 1 and 3, after “importation” insert “from a third country”;

(b) in paragraph 2, after “samples”, in the first place where it occurs, insert “from a third country”;

(c) in paragraph 4, after “items”, in the first place where it occurs, insert “from a third country”.

(28) Omit Articles 29 and 29a.

(29) In Article 30—

(a) in the first subparagraph—

(i) for “the TRACES system” substitute “the appropriate computerised information management system”;

(ii) for “Commission” substitute “appropriate authority”;

(b) omit the third subparagraph.

(30) In Article 31—

(a) in the heading, after “importation” insert “from a third country”;

(b) in the first subparagraph—

(i) after “importation” insert “from a third country”;

(ii) for “the Union”, in both places where it occurs, substitute “Great Britain”;

(iii) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(c) in the second subparagraph, for “the Union” substitute “Great Britain”.

(31) In Article 32—

(a) in paragraph 1, in the second subparagraph, for “3 of Regulation (EC) No 882/2004” substitute “9 of the Official Controls Regulation”;

(b) in paragraph 5—

(i) after “competent authority” insert “of each constituent nation”;

(ii) after “operators” insert “in its constituent nation”;

(c) omit paragraphs 6 and 7.

(32) In Article 34(c), for “the Union” substitute “Great Britain”.

(33) Omit Article 36.

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

(35) In Annex 1—

(a) in paragraph 19(b), for “or Article 2(b) of Directive 96/23/EC” substitute “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;

(b) in paragraph 42, for the words from “an incineration plant” to “Directive 2000/76/EC” substitute “a waste incineration plant, as defined in Articles 3(40) and 42(1) of Directive 2010/75/EC(3)”;

(c) in paragraph 43, for “point 13 of Article 3 of Directive 2000/76/EC” substitute “Article 43 of Directive 2010/75/EC”;

(d) in paragraph 44, omit “as set out in point 1(c) of Chapter II of Annex VIII”;

(e) omit paragraph 48;

(f) in paragraph 55, for “as defined in point 5 of Article 3 of Directive 2000/76/EC” substitute “as defined in Article 3(41) and Article 42(1) of Directive 2010/75/EC”;

(g) in paragraph 56, for “as defined in point 4 of Article 3 of Directive 2000/76/EC” substitute “as defined in Article 3(40) and Article 42(1) of Directive 2010/75/EC”;

(h) after paragraph 60 insert—

“61.   ‘the appropriate authority’ means:

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

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

(c) in relation to Scotland, the Scottish Ministers.

But the appropriate authority is the Secretary of State if consent is given by:

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

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

62.   ‘constituent nation’ means England, Wales or Scotland;

63.   ‘the Official Controls Regulation’ means Regulation (EU) 2017/625 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..”.

(36) In Annex 2, omit Chapter 1.

(37) In Annex 3—

(a) in Chapter 2, in Section 1, in the first paragraph, for “Directive 2000/76/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012”;

(b) in Chapter 3—

(i) in the first paragraph, for “Directive 2000/76/EC” substitute “the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012”;

(ii) in point (a)(iii)—

(aa) for “Article 4(5) or 5 of Directive 2009/156/EC” substitute “Article 4(5)(a) and (b) of Directive 2009/156/EC or located in a part of a territory which is not considered to be free of African horse sickness in accordance with Article 5(2) of Directive 2009/156/EC, reading that Article as if for the reference to “Member State” there were substituted a reference to “country”;

(bb) for “Member State” substitute “appropriate authority”;

(c) in Chapter 5—

(i) in point A(2)(c), after “853/2004,” insert “(EC) No”;

(ii) in point D(5), omit “Member State”.

(38) In Annex 4—

(a) in Chapter 1, in Section 1, in paragraph 1(a), omit the final subparagraph;

(b) in Chapter 3, in point G—

(i) in paragraph 1(a), for “Member State” substitute “United Kingdom”;

(ii) omit paragraph 3;

(iii) in paragraph 4, for “points 1 and 3” substitute “point 1”;

(iv) in paragraph 5—

(aa) after “competent authority”, in the first place where it occurs, insert “of a constituent nation”;

(bb) for “Member State” substitute “constituent nation”;

(c) in Chapter 4—

(i) in Section 1, in paragraph 2, for “Member State”, in each place where it occurs, substitute “constituent nation”;

(ii) in Section 3, in paragraph 2(b)(iii)—

(aa) in the second indent, for “Member State” substitute “constituent nation”;

(bb) in the third indent, for “Council Directive 91/271/EEC” substitute “the Urban Waste Water Treatment (England and Wales) Regulations 1994(4) or the Urban Waste Water Treatment (Scotland) Regulations 1994(5)”.

(39) In Annex 5, in Chapter 3, in Section 2—

(a) in paragraph 1, in the final subparagraph, for “Commission” substitute “appropriate authority”;

(b) in paragraph 4—

(i) in point (a), for “point 1” substitute “points 1, 2 and 3”;

(ii) omit point (b).

(40) Annex 6 is amended in accordance with paragraphs (41) to (44).

(41) In Chapter 1, in Section 2—

(a) in paragraph 2—

(i) omit point (a);

(ii) in point (b)—

(aa) at the start, insert “redispatched to the third country of origin or”;

(bb) omit “Member State or”, in each place where it occurs;

(b) in paragraph 3, for “Member State” substitute “third country”.

(42) In Chapter 2—

(a) in Section 1, in paragraph 3, for “Member States” substitute “The appropriate authority”;

(b) in Section 2—

(i) in paragraph 1(a)—

(aa) omit point (i);

(bb) in each of points (ii) and (iii), for “that Directive” substitute “the Conservation of Habitats and Species Regulations 2017(6), the Conservation of Offshore Marine Habitats and Species Regulations 2017(7) or the Conservation (Natural Habitats, &c.) Regulations 1994(8)”;

(ii) omit paragraph 2.

(43) In Chapter 3, in Section 2, in each of points (a) to (c), for “the Member State concerned”, substitute “Great Britain”.

(44) In Chapter 4, in the words before point (a), for “Member States may authorise” substitute “nothing in this Regulation prevents the appropriate authority from authorising”.

(45) In Annex 7—

(a) in Chapter 1—

(i) in paragraph 1, for the words from “one of the official languages” to the end substitute “English and may also be submitted in other languages”;

(ii) omit paragraph 2 and the paragraph that follows it;

(b) in Chapter 2, in paragraph 1, for “EFSA” substitute “the appropriate authority”.

(46) Annex 8 is amended in accordance with paragraphs (47) to (51).

(47) In Chapter 1, in Section 4, for “the same Member State” substitute “Great Britain”.

(48) In Chapter 2—

(a) omit paragraph 1(c);

(b) in paragraph 2(c)(ii), in the first indent, for “Member State” substitute “constituent nation”;

(c) in paragraph 3—

(i) for “Member States may establish systems or lay down rules” substitute “Nothing in this Regulation prevents the appropriate authority from establishing systems or laying down rules”;

(ii) for the words from “on their territory” to the end substitute “in their constituent nation”;

(d) in paragraph 4—

(i) for “Member States may establish systems or lay down rules” substitute “Nothing in this Regulation prevents the appropriate authority from establishing systems or laying down rules”;

(ii) for “on their territory” substitute “in their constituent nation”;

(e) in paragraph 5—

(i) for “Member States may use” substitute “nothing in this Regulation prevents the appropriate authority from using”;

(ii) for “on their territory if the Member State” substitute “in their constituent nation if the constituent nation”;

(f) in paragraph 6(b), for “the same Member State” substitute “Great Britain”.

(49) In Chapter 3—

(a) in paragraph 1(a), for “the same Member State” substitute “Great Britain”;

(b) in paragraph 2, in the second subparagraph—

(i) for “Member States” substitute “The appropriate authority”;

(ii) for “TRACES system” substitute “appropriate computerised information management system”;

(c) in paragraph 4—

(i) in the first subparagraph, for “the Union” substitute “Great Britain”;

(ii) in the second subparagraph, for “on its territory” substitute “in its constituent nation”;

(d) in paragraph 6—

(i) in point (b), for the words from “one of the official languages” to the end of the second subparagraph, substitute “English, and may also be drawn up in other languages”;

(ii) in point (f)(viii)—

(aa) for “Member State” substitute “constituent nation”;

(bb) omit “referred to in Commission Decision 2009/821/EC”;

(iii) omit point (i).

(50) In Chapter 4, omit Section 3.

(51) Omit Chapters 6 and 7.

(52) In Annex 9—

(a) in Chapter 2, in the words before Section 1, in point (h), for “Union veterinary legislation” substitute “veterinary legislation forming part of retained EU law”;

(b) in Chapter 5, in Section 1—

(i) in paragraph 1—

(aa) for “the Member State” substitute “Great Britain”;

(bb) after “authorised by the” insert “relevant”.

(ii) in paragraph 2, for “Member State”, in each place where it occurs, substitute “constituent nation”.

(53) In Annex 9, in Chapter 5, Section 2 is amended in accordance with paragraphs (54) and (55).

(54) In point A—

(a) in paragraph 1—

(i) for the heading substitute “Application”;

(ii) in the first subparagraph, for “France, Ireland, Latvia, Portugal and the United Kingdom” substitute “Great Britain”;

(iii) in the second subparagraph—

(aa) for “competent authority of the Member State concerned” substitute “relevant competent authority”;

(bb) for “the territory of that Member State” substitute “Great Britain”;

(b) in paragraph 3.2.3, for “Directive 2008/98/EC” substitute “the Control of Pollution (Amendment) Act 1989(9)”.

(55) In point B(1)—

(a) for the heading substitute “Application”;

(b) in the first subparagraph, for “Ireland, Spain, Latvia, Portugal and the United Kingdom” substitute “Great Britain;

(c) in the second subparagraph, for “the same Member State referred to above” substitute “Great Britain”.

(56) In Annex 10, Chapter 2 is amended in accordance with paragraph (57) and (58).

(57) In Section 4—

(a) in Part 1, in point B—

(i) in each of paragraphs 1.2(b), 1.4(b), 3(b) and 6.2, for “Member State” substitute “country”;

(ii) in paragraph 6.1, after “Directive 64/432/EEC” insert—

“taken with the Annexes to which they refer, reading the relevant provisions as if:

(a) in Annexes A.1 and A.2, for references to “a Member State” or “Member States” there were substituted references to “a constituent nation” or “constituent nations”; and

(b) in Annex D, in Chapter 1—

(i) in the title, for the reference to “, Member States” there were substituted a reference to “countries”;

(ii) in Section A(iii), for the reference to “Member State” there were substituted a reference to “country”;

(iii) in Section B(iv), for the reference to “Directive 72/462/EEC” there were substituted a reference to “Regulation (EU) 2017/625 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 and the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012”;”;

(b) in Part 2—

(i) in paragraph 3(a), for the words from “the Member State concerned” to “effect” substitute “Great Britain”;

(ii) in paragraph 3(b)—

(aa) in the words before point (i), for “the Member State concerned” substitute “Great Britain”;

(bb) in each of points (i) and (ii), for “Member State concerned” substitute “appropriate authority”;

(cc) in point (ii), for “same Member State”, in each where place it occurs, substitute “United Kingdom”;

(iii) in paragraph 4—

(aa) after “one farmer” insert “in Great Britain”

(bb) for “same Member State” substitute “United Kingdom”;

(c) in Part 3, in the second paragraph, for “Member States which” substitute “constituent nations whose appropriate authorities”;

(58) In Section 10, in the first paragraph, for “Member States” substitute “the British Islands”.

(59) In Annex 11, in Chapter 1—

(a) in Section 1, omit paragraphs 1 to 5;

(b) in Section 2—

(i) in the words before point (a), omit the words from “In addition” to the end;

(ii) in point (c), in the final subparagraph, for “Commission” substitute “appropriate authority”.

(60) In Annex 11, in Chapter 2, Section 1 is amended in accordance with paragraphs (61) to (63).

(61) In paragraph 2, for “Member State” substitute “constituent nation”.

(62) In paragraph 3, in the final subparagraph—

(a) for “Commission” substitute “appropriate authority,”;

(b) for “Member States” substitute “appropriate authorities”.

(63) In paragraph 4(b), for “Member State” substitute “constituent nation”.

(64) In Annex 12—

(a) in the words before paragraph 1—

(i) after “importation” insert “from a third country”;

(ii) for “the Union” substitute “Great Britain”;

(b) in paragraph 1—

(i) in the words before point (a), after “import” insert “from a third country”;

(ii) in point (b)(i), for “or Article 2(b) of Directive 96/23/EC” insert “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;

(iii) in point (f), for the words from “one of the official languages” to “Member States” substitute “English; the appropriate authority”;

(c) in paragraph 2(b)(iii)—

(i) after “registered” insert “in its constituent nation”;

(ii) for the words from “Member State where the inspection” to the end substitute “appropriate authority”;

(d) in paragraph 3, in the words before point (a)—

(i) for “the Union” substitute “Great Britain from a third country”;

(ii) for “Article 4 of Directive 97/78/EC” substitute “Article 49 of the Official Controls Regulation”;

(e) in paragraph 4—

(i) for “the Union” substitute “Great Britain from a third country outside the European Union”;

(ii) for “Article 11 of Directive 97/78/EC” substitute “Article 51(1)(d) of the Official Controls Regulation”;

(f) in paragraph 5, for “TRACES system” substitute “appropriate computerised information management system”;

(g) in paragraph 7—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Member State” substitute “constituent nation”;

(65) Annex 13 is amended in accordance with paragraphs (66) to (70).

(66) In Chapter 2—

(a) in paragraph 2(b), for “or Article 2(b) of Directive 96/23/EC” substitute “, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law””;

(b) in paragraph 7—

(i) in each of points (a)(i) and (b)(i), for “Union” substitute “British Islands”;

(ii) in each of points (a)(ii) and (b)(ii), for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(67) In Chapter 4—

(a) in paragraph 1(a)—

(i) in point (i), for “point 4 of Article 1.2.3 of the Terrestrial Animal Health Code of the OIE, 2010” substitute “Chapter 1.3 of the Terrestrial Animal Health Code of the OIE, 2019”;

(ii) in point (ii), after “Article 5 of that Directive” insert “, or in relation to holdings in the British Islands, not located in a constituent nation or territory which is not considered to be free of African horse sickness in accordance with paragraph 1A”;

(iii) in point (iii)—

(aa) omit “Member State or”

(bb) after “Article 5(2) of that Directive” insert “, reading the words before point (a) as if for the reference to a “Member State” there were substituted a reference to a “third country”, or a constituent nation or territory of the British Islands which is not considered to be free of African horse sickness, in accordance with paragraph 1A”;

(b) after paragraph 1, insert—

“1A.   A constituent nation or territory of the British Islands is not considered to be free of African horse sickness if:

(a) clinical, serological (in unvaccinated animals) or epidemiological evidence has revealed the presence of African horse sickness in the past two years, or

(b) vaccination against African horse sickness has been carried out in the past 12 months.”;

(68) In Chapter 5, in point B(1), for “Directive 2002/99/EC” substitute “the Products of Animal Origin (Disease Control) (England) Regulations 2008(10), the Products of Animal Origin (Disease Control) (Wales) Regulations 2008(11) or the Products of Animal Origin (Disease Control) (Scotland) Order 2008(12) and the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012”;

(69) In Chapter 7, in point B, in the second paragraph—

(i) for “Member States” substitute “The appropriate authority”;

(ii) for “on their territory” substitute “in their constituent nation”;

(70) In Chapter 9—

(i) in paragraph 1—

(aa) in point (a), for “Member State” substitute “constituent nation”;

(bb) in point (b), for the words from “obtained” to the end substitute “been assessed by the appropriate authority on a basis equivalent to the assessment in point (a)”;

(ii) in paragraph 2, after “provided for in” insert “the first two subparagraphs of”.

(71) In Annex 14, Chapter 1 is amended in accordance with paragraphs (72) to (77).

(72) In the heading—

(a) after “importation” insert “from a third country”;

(b) for “the Union” substitute “Great Britain”.

(73) In Section 1—

(a) in the words before point (a)—

(i) omit “imported”;

(ii) after “therefrom” insert “imported from a third country”;

(b) in each of points (e)(i) and (ii), for “the Union” substitute “Great Britain”;

(c) in Table 1, in the column entitled “Third countries’ lists”—

(i) for “Decision 2006/766/EC”, in each place where it occurs, substitute “Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption”;

(ii) in entry 9—

(aa) for “Member States authorise imports” substitute “imports into Great Britain”;

(bb) after “products” insert “are authorised”.

(74) In Section 2—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before paragraph 1, after “importation” insert “from a third country”;

(c) in paragraph 1, for “the Union” substitute “Great Britain”;

(d) in paragraph 4—

(i) in the words before point (a), for “the Union” substitute “Great Britain”;

(ii) in point (a), for “Article 17(2)(a) of Directive 97/78/EC” substitute “Article 66(3)(b), 69 and 72 of the Official Controls Regulation”;

(e) in paragraph 5, for “the Union” substitute “Great Britain”.

(75) In Section 3—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the first paragraph, after “importation” insert “from a third country”.

(76) In Section 4—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in point A—

(i) in the words before paragraph 1, after “importation” insert “from a third country”;

(ii) in paragraph 2(b), for “the Union” substitute “Great Britain”;

(c) in point B—

(i) in the words before paragraph 1, after “importation” insert “from a third country”;

(ii) in paragraph 1(b), for “the Union” substitute “Great Britain”;

(iii) in paragraph 2—

(aa) in point (a), after “Directive 64/432/EEC” insert “taken with the Annexes to which they refer, reading the relevant provisions as if for references to a “Member State” or “Member States” there were substituted references to a “third country” or “third countries” (as the case may be)”;

(bb) in point (b), after “Directive 64/432/EEC” insert—

“taken with the Annex to which it refers, reading the relevant provisions as if:

(i) for references to a “Member State” or “Member States” there were substituted references to a “third country” or “third countries” (as the case may be); and

(ii) in Annex D, in Chapter 1, in Section B(iv), for the reference to “Directive 72/462/EEC” there were substituted a reference to “Regulation (EU) 2017/625 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 and the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012”;”.

(77) In Section 5—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the first paragraph, after “importation” insert “from a third country”.

(78) In Annex 14, Chapter 2 is amended in accordance with paragraphs (79) to (91).

(79) In the heading—

(a) after “importation” insert “from a third country”;

(b) for “the Union” substitute “Great Britain”.

(80) In Section 1—

(a) in the words before point (a)—

(i) omit “imported”;

(ii) after “farmed animals” insert “imported from a third country”;

(b) in each of points (e)(i) and (ii), for “the Union” substitute “Great Britain”;

(c) in Table 2, in the column entitled “Third countries’ lists”—

(i) for “Member States authorise imports”, in each place where it occurs other than row 6, substitute “imports into Great Britain”;

(ii) after “same species”, in each place where it occurs, insert “are authorised”;

(iii) for “Decision 2004/211/EC”, in both places where it occurs, substitute “Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae”;

(iv) for “Decision 2006/766/EC”, in each place where it occurs, substitute “Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption”;

(v) in row 3—

(aa) after “equidae”, in both places where it occurs, insert “is authorised”;

(bb) omit “is allowed”;

(vi) in row 5, for “the European Union” substitute “Great Britain”;

(vii) in row 6—

(aa) for “the Member States authorise imports” substitute “imports into Great Britain”;

(bb) after “poultrymeat” insert “are authorised”;

(viii) in row 8, for “the Union” substitute “Great Britain”;

(ix) in row 13, after “fresh poultry meat” insert “are authorised”;

(x) in row 14, after “poultrymeat” insert “are authorised”.

(81) In Section 2—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before paragraph 1, after “import” insert “from a third country”;

(c) in each of paragraphs 3.1(b)(ii), 3.2(b) and 3.3(b)—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;

(d) in paragraph 4(b)(i), for “2010” substitute “2019”.

(82) In Section 3—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before paragraph 1, after “import” insert “from a third country”.

(83) In Section 4—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before paragraph 1, after “import” insert “from a third country”.

(84) In Section 5—

(a) in the heading, after “imports” insert “from a third country”;

(b) in the words before paragraph 1, after “import” insert “from a third country”.

(85) In Section 6—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before point (a), after “imported” insert “from a third country”.

(86) In Section 7—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in paragraph 1—

(i) in the words before point (a), after “imported” insert “from a third country”;

(ii) in point (a), for “the Union” substitute “Great Britain”;

(iii) in point (b), for “the Union”, in both places where it occurs, substitute “Great Britain”;

(iv) in point (c), for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(c) in paragraph 3, for “the Union” substitute “Great Britain”;

(d) in paragraph 4—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”.

(87) In Section 8—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before paragraph 1, after “imported” insert “from a third country”;

(c) in paragraph 4—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;

(d) in paragraph 5.1, in each of points (a) and (b), for “the Union” substitute “Great Britain”.

(88) In Section 9—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before point (a), after “imported” insert “from a third country”;

(c) in point (d), for “the Union” substitute “Great Britain”;

(d) in point (e)—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;

(89) In Section 10—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in paragraph 1, after “imported” insert “from a third country”;

(c) in paragraph 2, for “the Union” substitute “Great Britain”;

(d) in paragraph 3—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;

(90) In Section 11—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in paragraph 1—

(i) in the words before point (a), after “imported” insert “from a third country”;

(ii) in point (a), for “one of the plants of origin indicated in Table 3” substitute—

“one of the following plants of origin:

(i) Nitta Gelatin Inc., 2-22 Futamata Yao-City, Osaka 581-0024 Japan;

(ii) Eastman Gelatine Corporation, 227 Washington Street, Peabody, MA, 01960 USA;

(iii) Gelita North America, 2445 Port Neal Industrial Road Sergeant Bluff, Iowa, 51054 USA;

(iv) any photogelatine plant in a member State that has been approved by the competent authority of that member State in accordance with Regulation (EC) 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002(13), as it has effect in European Union law, as amended from time to time, and has been included on a list in that member State in accordance with Article 47(1) of that Regulation;”;

(iii) in point (c), for the words from “one” to the end substitute “a border control post at Liverpool, Felixstowe or Heathrow”;

(iv) in point (d) for “in an approved photographic factory indicated in Table 3” substitute “in the approved photographic factory at Kodak Ltd., Headstone Drive, Harrow, Middlesex HA4 4TY”;

(v) omit Table 3;

(c) in paragraph 2—

(i) for “the Member State of destination” substitute “Great Britain”;

(ii) omit “shall not be traded between Member States but”;

(iii) for “the same Member State of destination” substitute “Great Britain”;

(d) in paragraph 3—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”;

(e) in paragraph 6(a), for “European Union” substitute “United Kingdom”.

(91) In Section 12—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before paragraph 1, after “imported” insert “from a third country”;

(c) in paragraph 2—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”.

(92) In Annex 14, Chapter 3 is amended in accordance with paragraphs (93) to (95).

(93) In Section 1, in point (c)(ii)—

(a) for “Member States authorise imports” substitute “imports into Great Britain”;

(b) after “animals” insert “are authorised”.

(94) In Section 2, in paragraph 1—

(a) in the words before point (a), after “import” insert “from a third country outside the European Union”;

(b) in point (c)—

(i) for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(ii) for “Article 8(4) of that Directive” substitute “accordance with Article 77(2) of that Regulation”.

(95) In Section 3—

(a) in paragraph 1—

(i) in the words before point (a), after “Import” insert “from a third country”;

(ii) in point (b), for “Member State” substitute “constituent nation”;

(iii) in point (c), for “Directive 97/78/EC” substitute “the Official Controls Regulation”;

(b) in paragraph 3(b), for “Member State or third country”, in both places where it occurs, substitute “country or territory”.

(96) In Annex 14, Chapter 4 is amended in accordance with paragraphs (97) and (98).

(97) In Section 1—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in the words before paragraph 1, after “imported” insert “from a third country”.

(98) In Section 2—

(a) in the heading, after “Imports” insert “from a third country”;

(b) in paragraph 1, after “import” insert “from a third country”.

(99) In Annex 14, in Chapter 5, in the table, in entry 2, for “the EU”, in both places where it occurs, substitute “Great Britain”.

(100) In Annex 14, Chapter 6 is amended in accordance with paragraphs (101) to (104).

(101) In the heading, for “the Union” substitute “Great Britain”.

(102) In Section 1—

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

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) omit “at the border control post”;

(bb) for “the Union”, in each place where it occurs, substitute “Great Britain”;

(ii) in point (a)—

(aa) for “IMSOC” substitute “the appropriate computerised information management system”;

(bb) for “Member State” substitute “constituent nation”;

(iii) in point (b), for “Member State” substitute “constituent nation”;

(iv) in point (c)(i), for “the Union”, in both places where it occurs, substitute “Great Britain”.

(103) In Section 2—

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

(b) in paragraph 1—

(i) omit “at the border control post”;

(ii) for “the Union”, in each place where it occurs, substitute “Great Britain”.

(104) In Section 3—

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

(b) in paragraph 1—

(i) omit “at the border control post”;

(ii) for “the Union”, in both places where it occurs, substitute “Great Britain”.

(105) In Annex 15—

(a) in the first paragraph, for “the European Union” substitute “Great Britain”;

(b) in the Notes—

(i) in point (d)—

(aa) for the words from “one of the official languages” to “destination” substitute “English”;

(bb) for “these Member States” substitute “the appropriate authority”;

(ii) in point (g), for “Directive 96/93/EC” substitute “the Official Controls Regulation”;

(iii) in point (i), omit “EU”;

(iv) in point (j), for “the European Union” substitute “Great Britain”.

(106) Annex 16 is amended in accordance with paragraphs (107) and (108).

(107) In Chapter 2—

(a) in paragraph 1—

(i) for “Member States” substitute “each other”;

(ii) omit “other Member States and to”;

(iii) for “the Commission” substitute “each appropriate authority”;

(iv) for “Member State” substitute “other”;

(b) in paragraph 2—

(i) in point (a)—

(aa) for “Member State” substitute “appropriate authority”;

(bb) for “the Commission” substitute “each other”;

(cc) omit “national”;

(dd) for “on its territory” substitute “in their respective constituent nation”;

(ii) in point (b), for “one or more official languages of the Union” substitute “at least English”;

(c) in paragraph 3, for “Commission” substitute “appropriate authority”.

(108) In Chapter 3—

(a) omit Section 4;

(b) in Section 8—

(i) for the words from “approved photographic factories”, in the first place where it occurs, to “Annex XIV” substitute “the approved photographic factory at Kodak Ltd., Headstone Drive, Harrow, Middlesex HA4 4TY”;

(ii) for “factories”, in the second place where it occurs, substitute “factory”;

(c) omit Section 10.

(1)

The Terrestrial Animal Health Code 2019 is freely accessible online (//www.oie.int/en/standard-setting/terrestrial-code/access-online) or available to order in hard copy from the OIE online bookshop (at http://web.oie.int/boutique/index.php). The OIE’s address is 12, rue de Prony, 75017 Paris, France). A hard copy version is also available to view on request at the offices of the Future Animal & Plant Health, Endemics & Traceability Team at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1P 4DF.

(2)

The Aquatic Animal Health Code 2019 is freely accessible online (https://www.oie.int/en/standard-setting/aquatic-code/access-online) or available to order in hard copy from the OIE online bookshop (http://web.oie.int/boutique/index.php). A hard copy version is also available to view on request at the offices of the Aquatic Animal Health Team at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1P 4DF.

(3)

OJ No L 334, 17.12.2010, p.17.

(4)

S.I. 1994/2841, amended by S.I. 2003/1788, 2005/2035, 2010/675, 2011/556, 2013/755, 2016/1154, 2018/942, 1216 (W. 249). It is prospectively amended by S.I. 2019/558.

(5)

S.S.I. 1994/2842, amended by S.S.I. 1996/973, 2003/273, 2011/202, 2018/391, 2019/175. It is prospectively amended by S.I. 2019/26.

(6)

S.I. 2017/1012, amended by S.I. 2017/1013, 2018/1307, 2019/295 (W. 73), 1354, 2020/94. It is prospectively amended by S.I. 2019/558.

(7)

S.I. 2017/1013, amended by S.I. 2019/42, 2019/579 and 2020/94.

(8)

S.I. 1994/2716, amended by S.I. 1996/973, 2000/1973, 2003/2155, 2005/421, 3389, 2006/1282, 2007/1843, 3538, 2009/1307, 2438, 3160, 2010/489 (W. 55), 490, 2011/202, 2015/249, 2019/1354, S.S.I 2000/323, 2004/475, 2006/270, 2007/349, 485, 2008/17, 425, 2009/222, 2011/155, 2012/215, 228, 360, 2015/249, 2019/64, 113, 320, 364.

(9)

1989 c. 14.

(10)

S.I. 2008/465, amended by S.I. 2009/1297, 2012/2897, 2014/1894, 2018/575. It is prospectively amended by S.I. 2018/1406.

(11)

S.I. 2008/1275 (W.132), amended by S.I. 2009/1373 (W. 136), 2014/1894, 2018/806 and 2019/371 (W. 92). It is prospectively amended by S.I. 2019/371 (W. 92).

(12)

S.S.I. 2008/158, amended by S.S.I. 2009/173, 2009/174, 2019/71 and S.I. 2014/1894.

(13)

OJ L 300 14.11.2009, p. 1.