The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

Amendments to Title 3 U.K.

18.—(1) Omit Articles 92 to 94.

(2) In the headings to Articles 95 to 98, for “European Union”, in each place where it occurs, substitute “ national ”.

(3) In Article 95—

(a) in paragraph 1, for the words from “Commission shall” to “Member States” substitute “ appropriate authority must make regulations designating national reference centres for animal welfare to support activities ”;

(b) in paragraph 3—

(i) in the opening words, for “European Union” substitute “ National ”;

(ii) in point (a), for “European Union” substitute “ national ”;

(c) in point (e)—

(i) omit “, Union”;

(ii) omit “European Union”.

(4) In Article 96—

(a) in the opening words—

(i) for “European Union” substitute “ national ”;

(ii) omit the words from “that” to the end of the opening words;

(b) in point (f), for “Union” substitute “ other ”.

(5) In Article 97—

(a) for paragraph 1, substitute—

“1.   The competent authority may designate national reference centres to support the activities of the competent authorities in preventing, detecting and combating violations of the rules referred to in Article 1(2) perpetrated through fraudulent or deceptive practices.”;

(b) in paragraph 3—

(i) in the opening words, for “European Union”, substitute “ National ”;

(ii) in point (a), for “European Union”, substitute “ national ”;

(iii) in point (e), omit “, Union”.

(6) In Article 98—

(a) in the opening words—

(i) for “European Union” substitute “ national ”;

(ii) omit the words from “that” to the end;

(b) omit point (c).

(7) In the heading to Article 99, for “Commission” substitute “ appropriate authority ”.

(8) In Article 99—

(a) in paragraph 1—

(i) in the opening words, for “Commission” substitute “ appropriate authority ”;

(ii) omit point (a);

(iii) in points (b) and (c), for “European Union”, in each place where it occurs, substitute “ national ”;

(b) for paragraph 2, substitute—

“2.   Subject to paragraph 2A, the appropriate authority may make regulations supplementing this Regulation concerning the establishment of requirements, responsibilities and tasks for the national reference centre for animal welfare and the national reference centre for the authenticity and integrity of the agri-food chain, in addition to those laid down in Articles 95 to 98.

2A.   The appropriate authority may only exercise the power to make regulations under paragraph 1 where the appropriate authority considers that new or emerging risks, new or emerging animal diseases or pests of plants, or new legal requirements make the exercise of this power appropriate.”;

(c) omit paragraphs 3 and 4.

(9) In Article 100—

(a) for paragraph 1 substitute—

“1.   The appropriate authority must designate one or more laboratories to act as national reference laboratories for Great Britain, in such of those areas governed by the rules referred to in Article 1(2) as the appropriate authority considers appropriate.”;

(b) at the end of paragraph 1, insert—

“1A.   The national reference laboratories designated in accordance with paragraph 1 may—

(a) be situated in the United Kingdom, or in another country;

(b) be designated in relation to more than one area of the rules referred to in Article 1(2);

(c) apply in relation to areas of those rules falling within the responsibilities of more than one competent authority.

1B.   Where the appropriate authority considers it appropriate, the power to designate a laboratory as a national reference laboratory in accordance with paragraph 1 may be exercised by a competent authority.”;

(c) in paragraph 2, for the words from “competent authorities may” to “fulfil” substitute “ the appropriate authority or, in a case where the power to designate has been delegated to a competent authority in accordance with paragraph 1B, a competent authority, may designate as a national reference laboratory an official laboratory designated as such in accordance with regulations made under Article 41, irrespective of whether it fulfils ”;

(d) in paragraph 3(d), omit “, Union”;

(e) for paragraph 4, substitute—

“4.   The appropriate authority, or, in a case where the power to designate has been delegated to the competent authority, the competent authority, must—

(a) publish online the name and address of each national reference laboratory designated in accordance with paragraph 1; and

(b) ensure that the information published in accordance with point (a) is kept up to date.”.

(f) omit paragraphs 5 and 6.

(10) In Article 101—

(a) in paragraph 1—

(i) for point (a) substitute—

“(a) where appropriate—

(i) collaborate with other national and international laboratories;

(ii) participate in inter-laboratory comparative tests organised by the laboratories referred to in point (i), or by proficiency test providers accredited to ISO/IEC 17043;”;

(ii) for point (d), substitute—

“(d) provide scientific and technical assistance to the competent authorities and official laboratories;”;

(iii) in point (h), for “Member State having designated them” substitute “ competent authorities ”;

(b) for paragraph 2, substitute—

“2.   The appropriate authority may make regulations prescribing additional tasks and responsibilities for national reference laboratories, provided that these tasks and responsibilities are limited to those made necessary by new or emerging risks, new or emerging animal diseases or pests of plants or new legal requirements.”.

Commencement Information

I1 Reg. 18 in force at 31.12.2020 on IP completion day, see reg. 1