The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof U.K.

63.—(1) Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof is amended as follows.

(2) In Article 1, for “the Union” substitute “ Great Britain ”.

(3) In Article 2, in the second subparagraph—

(a) in point (b), for “competent authority in the Member State of destination” substitute “ appropriate authority in the country of destination ”;

(b) in point (c), for “referred to in the third paragraph of Article 1 of Directive 92/65/EEC” substitute “ subject to relevant legislation ”;

(c) in point (e), for “according to Article 13 of Directive 92/65/EEC” substitute “ in accordance with legislation ”;

(d) in point (f), for “the territory of the Union from a neighbouring” substitute “ Great Britain from a ”.

(4) In Article 3—

(a) in the first paragraph, for “except for the definition of poultry” to the end substitute “ , subject to the modifications below ”;

(b) after the first paragraph, insert—

“Article 2 of Directive 2005/94/EC is to be read as if—

(a) in point 4 (definition of “poultry”), for “all birds” to the end there were substituted “ fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and ratites (Ratitae) reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for restocking supplies of game ”;

(b) point 15 (definition of “diagnostic manual”) were omitted;

(c) in point 18 (definition of “competent authority”)—

(i) for “authority of a Member State” there were substituted “ person or body ”;

(ii) “in accordance with this Directive” were omitted;

(d) in point 21 (definition of “official supervision”), for “this Directive” there were substituted “ relevant legislation ”.”;

(c) after the definition of “diagnostic manual” in point (h), insert—

“(i) “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by:

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

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

(j) “third country” means any country or territory other than the British Islands.”.

(5) For Article 4 substitute—

“Article 4 U.K. Approved breeding establishments

The appropriate authority must be satisfied that the following conditions are met in relation to approved breeding establishments:

(a) that the breeding establishment has been approved by the competent authority in accordance with the conditions set out in Annex II, and assigned an approval number;

(b) that approval number has been communicated to the appropriate authority by that competent authority;

(c) that the competent authority of the third country will immediately suspend or withdraw its approval of the breeding establishment where it no longer complies with the conditions set out in Annex II and that the competent authority will immediately inform the appropriate authority of that suspension or withdrawal.

The appropriate authority must draw up and maintain a list of approved breeding establishments.”.

(6) In Article 5, in point (f), for “in accordance with the model set out in Annex III (the animal health certificate)” substitute “ , in the form published by the appropriate authority from time to time ”.

(7) In Article 6, in the second subparagraph—

(a) for “Each Member State” substitute “ The appropriate authority ”;

(b) for “Commission, to the other Member States” substitute “ other appropriate authorities ”.

(8) In Article 7, for “inspection” substitute “ control ”.

(9) In Article 8—

(a) in the first sentence, for “in an official language of the Member State of entry” substitute “ in English (whether or not it also appears in other languages) ”;

(b) in point (b), for “inspection”, in both places, substitute “ control ”.

(10) Omit Article 9.

(11) In Article 10—

(a) for “border inspection post”, in each place, substitute “ border control post ”;

(b) in paragraph 1—

(i) in the words before point (a), for “Union legislation” substitute “ EU-derived domestic legislation ”;

(ii) in points (a) and (c), for “the Traces network” in each place, substitute “ the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625 ”.

(12) In Article 13, omit paragraph 5.

(13) In Article 14—

(a) in paragraph 1, omit “Member States shall immediately inform the Commission of any such derogations.”;

(b) in paragraph 2, omit “Member States shall immediately inform the Commission of any such measures.”.

(14) In Article 17—

(a) in paragraph 1, for “Member States shall communicate to the Commission” substitute “ The appropriate authority concerned must report to the other appropriate authorities ”;

(b) in paragraph 2, for “Member States shall communicate to the Commission” substitute “ Each appropriate authority must report to the other appropriate authorities ”.

(15) In Article 20, omit the second sentence.

(16) In Annex 1, after point 3 insert—

“4.   Switzerland.”.

(17) In Annex 2—

(a) in Chapter 1—

(i) in point (4), after “competent authority” insert “ of the third country ”;

(ii) in point (8)(d), for “Union” substitute “ EU-derived domestic ”;

(iii) in point (9), for “requirements of” substitute “ requirements described in ”;

(b) in Chapter 4—

(i) in point (2), for “Union” substitute “ relevant national ”;

(ii) omit point (4).

(18) Omit Annex 3.

(19) In Annex 4—

(a) in Chapter 2—

(i) in point (11), for “competent” substitute “ appropriate ”;

(ii) in point (14)(b), for “Veterinary” substitute “ Health ”;

(b) in Chapter 3, in point (1), for “Commission” substitute “ appropriate authority ”.

(20) In Annex 5, in point (3), for “competent” substitute “ appropriate ”.

Commencement Information

I1 Reg. 63 in force at 31.12.2020, see reg. 1(3)