The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

PART 1 Introductory

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 and come into operation in accordance with paragraphs (2) and (3).

(2) This regulation, regulation 24 and the Schedule (Revocations) come into operation immediately before IP completion day.

(3) Regulations 2 to 23 come into operation on IP completion day.

(4) The Interpretation Act (Northern Ireland) 1954(1) applies to these Regulations as it applies to an Act of the Assembly.

PART 2 Agriculture (Food and Residues)

Amendments to the Eggs and Chicks Regulations (Northern Ireland) 2010

2.—(1) The Eggs and Chicks Regulations (Northern Ireland) 2010(2) are amended as follows—

(2) In Schedule 1, in Part 2 in the Table, in row 6 (Article 3(7)), in the third column, for “between Member States” substitute “between Northern Ireland and a Member State or a Member State and Northern Ireland”.

(3) In Schedule 2, in Part 2 in the Table—

(a) in row 18 (Article 8(1)), in the third column, for “another Member State” substitute “a Member State”;

(b) in row 20 (Article 8(5)), in the third column, for “another Member State” substitute “a Member State”.

Amendment to the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016

3.  In the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016(3), in regulation 2(1), in the definition of “unlicensed substance”, omit “other than the United Kingdom”.

PART 3 Agriculture (Common Agricultural Policy)

Amendment to the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014

4.  In the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014(4), in regulation 5, after paragraph (4) insert—

“(4A) Paragraph (4)(b) applies only for matters relating to direct payments in a claim year prior to 2020.”.

Amendment to the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015

5.  In the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015(5), for regulation 7(3) substitute—

“(3) An authorised person entering any land or premises by virtue of this regulation may be accompanied by—

(a) any representative of the European Commission, except for matters relating to direct payments for any claim year following 31st December 2019; and

(b) such other persons as the authorised person considers necessary for any purpose mentioned in paragraph (1).”.

PART 4 Exotic Diseases

Amendment to the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

6.  In regulation 57(1)(b) of the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006(6), for “Community” substitute “retained EU law or Protocol”.

Amendment to the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006

7.  In regulation 36(1)(b) of the Foot-and-Mouth (Control of Vaccination) Regulations (Northern Ireland) 2006(7), for “Community” substitute “retained EU law or Protocol”.

Amendment to the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

8.  In regulation 84(e) of the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007(8), for “Community” substitute “retained EU law or Protocol”.

Amendment to the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007

9.  In regulation 22(1)(d) of the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007(9) for “Community” substitute “retained EU law or Protocol”.

Amendment to the Avian Influenza (Preventative Measures) Regulations (Northern Ireland) 2007

10.  In regulation 18(d) of the Avian Influenza (Preventative Measures) Regulations (Northern Ireland) 2007(10), for “Community” substitute “retained EU law or Protocol”.

Amendment to the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

11.  In regulation 24(d) of the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007(11), for “Community” substitute “retained EU law or Protocol”.

Amendment to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

12.  In regulation 22(d) of the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007(12), for “Community” substitute “retained EU law or Protocol”.

Amendment to the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008

13.  In Schedule 3 to the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008(13), for paragraph 1(b)(i) substitute—

“(i) on its upper part the letters UK(NI);”.

Amendment to the Swine Vesicular Disease Regulations (Northern Ireland) 2009

14.  In regulation 37(5)(b) of the Swine Vesicular Disease Regulations (Northern Ireland) 2009(14), for “Community” substitute “retained EU law or Protocol”.

PART 5 Livestock Identification

Amendments to the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998

15.—(1) The Cattle Identification (No. 2) Regulations (Northern Ireland) 1998(15) are amended as follows.

(2) In regulation 8—

(a) in the heading, for “Intra-Community trade” substitute “Trade with the EU”;

(b) in paragraph (1), for “intra-Community trade” substitute “trade with the EU”.

Amendments to the Cattle Passport Regulations (Northern Ireland) 1999

16.—(1) The Cattle Passport Regulations (Northern Ireland) 1999(16) are amended as follows.

(2) Omit regulation 2(3).

(3) In regulation 2(4), for “intra- Community trade” substitute “trade with the EU”.

(4) In regulations 3(1), (3), 5 and 6(1), for “another part of the European Community” substitute “Great Britain, the Isle of Man, any of the Channel Islands or a member State”.

(5) In regulation 8, in the heading, for “other member States” substitute “a member State”.

Amendment to the Pigs (Records, Identification and Movement) Order (Northern Ireland) 2012

17.  In article 11 of the Pigs (Records, Identification and Movement) Order (Northern Ireland) 2012(17), for “intra- Community trade” substitute “trade with the EU”.

PART 6 Animal Welfare

Amendment to the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006

18.  In regulation 24(1)(b) of the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006(18), for “Community” substitute “retained EU law or Protocol”.

Amendments to the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014

19.—(1) The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014(19) are amended as follows.

(2) In regulations 11 and 13, for “another member State” substitute “a member State”.

(3) In regulation 38(2), for “other member States” substitute “member States”.

(4) In Schedule 2, in paragraph 3(2), for “EU” substitute “retained EU law or Protocol”.

PART 7 Trade

Amendment to Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996

20.  In regulation 2(1) of the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996(20), in the definition of “intra-Area trade”, omit “, other than the United Kingdom”.

PART 8 Animal By-Products

Amendment to the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015

21.  In regulation 12(6) of the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015(21), for “another member State” substitute “a member State”.

PART 9 Official Controls

Amendments to the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019

22.—(1) The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019(22) are amended as follows.

(2) In regulation 4, omit “other”.

(3) In regulation 6(1)(a), for “another” substitute “a”.

PART 10 Aquaculture

Amendment to the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012

23.  In regulation 25(1)(a) of the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012(23), for “in another” substitute “a”.

PART 11 Revocations

24.  The Regulations mentioned in the Schedule are revoked to the extent specified in that Schedule.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 11th December 2020

Perpetua McNamee

A senior officer of the Department of Agriculture, Environment and Rural Affairs