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

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 U.K.

68.—(1) 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 is amended as follows.

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

(3) In Article 2—

(a) in point (c), for “Council Directive 90/427/EEC” substitute “ Article 2(e) of Commission Implementing Regulation (EU) 2015/262 ”;

(b) in point (d), for “one of the territories listed in Annex I to Council Directive 97/78/EC” substitute “ Great Britain ”;

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

(d) in points (g), (h) and (i), for “the Union”, in each place, substitute “ Great Britain ”;

(e) in point (j), for “Union territory” substitute “ Great Britain ”;

(f) in point (k)—

(i) for “inspection”, in both places, substitute “ control ”;

(ii) for “Article 2(2)(f) of Directive 91/496/EEC” to the end substitute “ Article 3(38) of Regulation (EU) 2017/625 and approved by the appropriate authority for the commodity concerned ”;

(g) in point (l), for “Article 2 of Directive 2009/156/EC” substitute “ Article 2(e), (g) and (h) of Commission Implementing Regulation (EU) 2015/262 ”;

(h) omit point (s);

(i) at the end (after point (s)) insert—

“(t) ‘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: (a) in relation to Wales, the Welsh Ministers; (b) in relation to Scotland, the Scottish Ministers.
(u) ‘appropriate computerised information management system’	means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.
(v) ‘third country’	means any country or territory other than the British Islands.”.

(4) In the heading for Section 2, for “the Union” substitute “ Great Britain ”.

(5) In Article 3—

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

(b) in paragraph 1—

(i) in the words before point (a)—

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

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

(cc) for “the Union applies regionalisation” substitute “ regionalisation is applied ”;

(ii) in points (a) to (f), for “model health certificate” to “Annex II”, in each place, substitute “ relevant certificate, in the form published by the appropriate authority from time to time ”.

(6) In Article 4—

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

(b) in the words before point (a)—

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

(ii) in the first place it occurs, for “the Union” substitute “ Great Britain ”;

(iii) for “the Union applies regionalisation” substitute “ regionalisation is applied ”;

(c) in point (a), for “listed in accordance with Article 17(3)(b) of” substitute “ which is situated in a country listed in Annex I and which meets the relevant conditions described in Annex D to ”;

(d) in point (b), for “appropriate model health certificate set out in Part 1 of Annex III” substitute “ relevant certificate, in the form published by the appropriate authority from time to time ”.

(7) In Article 5—

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

(b) in the words before point (a)—

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

(ii) in the first place it occurs, for “the Union” substitute “ Great Britain ”;

(iii) for “the Union applies regionalisation” substitute “ regionalisation is applied ”;

(c) in point (a), for “listed in accordance with Article 17(3)(b) of” substitute “ which is situated in a country listed in Annex I and which meets the relevant conditions described in Annex D to ”;

(d) in point (b), for “appropriate model health certificate set out in Part 2 of Annex III” substitute “ relevant certificate, in the form published by the appropriate authority from time to time ”.

(8) In the heading for Section 3, for “the Union” substitute “ Great Britain ”.

(9) In Article 6—

(a) in paragraph 1, for point (b) substitute—

“(b) any explanatory notes, as published by the appropriate authority from time to time.”;

(b) omit paragraph 2.

(10) In Article 7, in paragraph 1—

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

(b) for “inspection” substitute “ control ”.

(11) In the heading for Section 4, for “the Union” substitute “ Great Britain ”.

(12) In Article 8—

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

(b) in paragraph 1(b), for “Sections A and B of Part 1 and in Section A of Part 3 of Annex II” substitute “ the relevant certificate, in the form published by the appropriate authority from time to time ”.

(13) In Article 9—

(a) in paragraph 1—

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

(ii) in point (b), for “set out in Part 1 of Annex V” substitute “ , in the form published by the appropriate authority from time to time ”;

(b) in paragraph 2—

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

(ii) in point (e), for “set out in Part 3 of Annex V” substitute “ in the form published by the appropriate authority from time to time ”.

(14) In Article 10—

(a) in paragraph 1—

(i) for “the Union”, in each place, substitute “ Great Britain ”;

(ii) in point (c), for “set out in Part 2 of Annex V” substitute “ , as published by the appropriate authority from time to time ”;

(b) in paragraph 2—

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

(ii) in point (d), for “set out in Part 3 of Annex V” substitute “ , in the form published by the appropriate authority from time to time ”.

(15) In the heading for Section 5, for “the Union”, in both places, substitute “ Great Britain ”.

(16) In Article 11—

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

(b) in paragraph 1—

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

(ii) for “set out in Annexes II and III” substitute “ , in the form published by the appropriate authority from time to time, ”;

(c) in paragraph 2—

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

(ii) for “set out in Annex II” substitute “ , in the form published by the appropriate authority from time to time, ”;

(iii) after “in accordance with” insert “ the procedures described in ”;

(d) in paragraph 3—

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

(ii) for “set out for the consignment concerned in Annex II or III” substitute “ for the consignment concerned, in the form published by the appropriate authority from time to time, ”.

(17) For Article 12, substitute—

“Article 12 U.K. Testing upon arrival in Great Britain

Where a test carried out by, or on behalf of, the appropriate authority, on a sample taken in accordance with Commission Implementing Regulation (EU) 2019/2130, does not confirm the result of a laboratory test attested in a health certificate, in the form published by the appropriate authority from time to time, accompanying equidae or semen, ova or embryos of equidae arriving in Great Britain, the appropriate authority concerned shall ensure that the test is repeated in the national reference laboratory designated for the disease concerned in accordance with Article 4(1) of Regulation (EU) 2017/625.”.

(18) In Article 13, in paragraph 1, in the words before point (a)—

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

(b) for “set out in Annexes II or III” substitute “ , in the form published by the appropriate authority from time to time, ”.

(19) In Article 14, in paragraph 1, for “the Union” substitute “ Great Britain ”.

(20) In the heading for Section 6, for “the Union” substitute “ Great Britain ”.

(21) In Article 15, in each place, including in the heading, for “the Union” substitute “ Great Britain ”.

(22) In the heading for Section 7, for “the Union” substitute “ Great Britain ”.

(23) In Article 16—

(a) omit paragraph 2 and point (c) of paragraph 4;

(b) in the remaining provisions, in each place—

(i) for “border inspection post” substitute “ border control post ”;

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

(iii) except in paragraph 1(b)(i), for “CVED” substitute “ CHED ”;

(c) in paragraph 1—

(i) in point (b)(i), for “Box I.6 of the common veterinary” to “282/2004” substitute “the relevant part of the common health entry document (‘CHED’) referred to in Article 40 of Commission Implementing Regulation (EU) 2019/1715”;

(ii) in point (b)(ii), for “Box I.24” substitute “ the relevant part ”;

(iii) in point (c), for “Box I.7” substitute “ the relevant part ”;

(d) in paragraph 3, omit “and in paragraph 2(b)”;

(e) in paragraph 4—

(i) for point (a) substitute—

“(a) inform the border control post of exit, through the appropriate computerised information management system, of the departure from Great Britain of the temporarily admitted registered horse by completing a further Part III of the CHED referred to in point (i) of paragraph 1(b);”;

(ii) in point (b), for “Box I.7” substitute “ the relevant part ”.

(24) In Article 17—

(a) in each place—

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

(ii) for “CVED” substitute “ CHED ”;

(iii) for “border inspection post” substitute “ border control post ”;

(b) in paragraph 1—

(i) in the words before point (a), “Box I.7” substitute “the relevant part”;

(ii) in point (b), for “the respective Member State” substitute “ Great Britain ”;

(iii) omit point (c).

(25) In Article 18—

(a) in each place—

(i) including in the heading, but except in paragraph 3(d), for “the Union” substitute “ Great Britain ”;

(ii) except in paragraph 3(d), for “CVED” substitute “ CHED ”;

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

(iv) for “border inspection post” substitute “ border control post ”;

(b) in paragraph 2—

(i) in point (c), for “Box I.7” substitute “ the relevant part ”;

(ii) in point (d), omit “or, if there had been” to the end;

(c) in paragraph 3—

(i) in point (b)(ii), for “Box I.24” substitute “ the relevant part ”;

(ii) in point (c), for “Box I.6” substitute “ the relevant part ”;

(iii) for point (d) substitute—

“(d) deliver to the operator a print of a new CHED:

(i) completed with a reference to the number of the CHED delivered previously in accordance with Article 16(1)(c); and

(ii) in which the relevant part is completed within the deadline for leaving Great Britain indicated in the CHED;”;

(iv) in point (e), omit “or, if there had been” to the end.

(26) In Article 19—

(a) in each place—

(i) for “Box I.7” substitute “ the relevant part ”;

(ii) for “CVED” substitute “ CHED ”;

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

(iv) for “border inspection post” substitute “ border control post ”;

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

(vi) omit “, or, if there had been a previous movement to another Member State, with Article 16(2)(c)”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) omit “or in Article 16(2)(b)”;

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

(ii) in point (b)—

(aa) in point (i), for “Part 3 of Annex II” substitute “ the relevant certificate, in the form published by the appropriate authority from time to time ”;

(bb) in point (ii), for “that Member State” substitute “ Great Britain ”;

(c) in paragraph 2—

(i) in the words before point (a), for “Member State” substitute “ appropriate authority ”;

(ii) in point (b)—

(aa) before “internal” insert “Great Britain's”;

(bb) for “Box I.21” substitute “ the relevant part ”;

(d) in paragraph 4, in the words before point (a), omit “where required by the Member State concerned”.

(27) In Article 20—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States” substitute “ The appropriate authority ”;

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

(iii) in point (b), for “in accordance with Section A of Part 2 of Annex II” substitute “ , in the form published by the appropriate authority from time to time, ”;

(iv) in point (c)—

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

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

(b) omit paragraph 2;

(c) in paragraph 3, for “corresponding model health certificates provided for Section B of Part 2 of Annex II” substitute “ health certificate, in the form published by the appropriate authority from time to time, ”;

(d) in paragraph 4—

(i) for “Box I.7” substitute “ the relevant part ”;

(ii) for “CVED” substitute “ CHED ”;

(iii) for “in accordance with Section A of Part 2 of Annex II” substitute “ , in the form published by the appropriate authority from time to time, ”.

(28) In Article 21—

(a) in the words before point (a)—

(i) for “Box I.7” substitute “ the relevant part ”;

(ii) for “CVED” substitute “ CHED ”;

(iii) for “inspection” substitute “ control ”;

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

(b) in point (b)—

(aa) for “referred to in Article 7(1) of Directive 2009/156/EC as indicated in the health certificate referred to in Article 3(1)(e) of this Regulation,” substitute “ , as indicated in the relevant health certificate, in the form published by the appropriate authority from time to time, ”;

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

(29) Omit Article 22.

(30) In Article 24—

(a) in the third paragraph omit “Article 16(2)(b), (c) and (d),” and

(b) omit the final paragraph.

(31) In Annex 1—

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

(b) in the first table (list of third countries, etc.)—

(i) in the final column (specific conditions), in the rows for China and Mexico, for “Chapter 1 of Section B of Part 2 of Annex II”, in both places, substitute “ the model health certificate and declaration, in the form published by the appropriate authority from time to time ”;

(ii) below the row for Egypt insert—

“1 This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.”;

“EU member States, Liechtenstein and Norway 1

Whole country for each state

(iii) in the row for Iceland, omit the footnote reference;

(iv) in the footnotes following the table—

(aa) in the second footnote (Switzerland), for the text of the footnote substitute “ This is subject to any specific certification requirements for imports from Switzerland, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time. ”;

(bb) omit the fourth footnote (Iceland);

(c) in the first table of the “Legend to Annex I”—

(i) in the rows marked “ES”, “RE” and “EBP”, for “Article” to “2009/156/EC”, in each row, substitute “ Article 2 of Commission Implementing Regulation (EU) 2015/262 ”;

(ii) in the rows marked “SEMEN” and “O/E”, after “92/65/EEC”, in each row, insert “ , to be read as if “in accordance with the procedure referred to in Article 26” were omitted ””;

(d) in the second table of the “Legend to Annex I”, in rows 6 to 15, for the corresponding text in the column headed “Required Health Certificate”, in each of those rows, substitute “ In the form published by the appropriate authority from time to time ”;

(e) in the third table (sanitary groups) of the “Legend to Annex I”, in the second column of the first row, for “the Union” substitute “ Great Britain ”.

(32) Omit Annexes 2, 3 and 5.

Commencement Information

I1 Reg. 68 in force at 31.12.2020, see reg. 1(3)