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

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 No. 1462

Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos

This section has no associated Explanatory Memorandum

46.—(1) Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos is amended as follows.

(2) In Article 1—

(a)the existing text becomes paragraph 1;

(b)in paragraph 1—

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

(ii)for “approved in accordance with Article 8 of Directive 89/556/EEC” substitute “which meet the conditions described in subparagraphs (a) to (c) of Article 8(1) of Directive 89/556/EEC, as read in accordance with paragraph 3, and accompanied by the model veterinary certificate referred to in Article 2 and 3”;

(c)after paragraph 1 insert—

2.  In this Decision:

“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;

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

3.  For the purposes of this Article, subparagraph (b) of Article 8(1) of, and Chapter II of Annex A to, Directive 89/556/EEC are to be read as if—

(a)in Article 8(1)(b), for “the Community” there were substituted “Great Britain”;

(b)in Annex A, in Chapter II—

(i)in paragraph 1(a), for “this Directive” there were substituted “national legislation”;

(ii)in paragraph 1(h), the final sentence were omitted;

(iii)paragraph 1(m) were omitted;

(iv)in paragraph 1(n), the second and final sentences were omitted;

(v)in paragraph 2, in the final subparagraph, for “Directive 88/407/EEC” there were substituted “national legislation relating to the storage of bovine semen..

(3) In Article 2—

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

(b)for “in Annex II” substitute “, in the form published by the appropriate authority from time to time”.

(4) For Article 3 substitute—

Article 3Imports of in vitro produced embryos

1.  The appropriate authority shall authorise imports of embryos which are produced by in vitro fertilisation using semen from a third country listed in Annex 1 of Commission Implementing Decision 2011/630/EU and in respect of which the model veterinary certificate, in the form published by the appropriate authority from time to time, has been completed to the satisfaction of the appropriate authority.

2.  The appropriate authority must authorise imports of embryos which are produced by in vitro fertilisation using semen produced in approved semen collection centres or stored in semen storage centres in third countries which comply with the animal health requirements set out in a model veterinary certificate, in the form published by the appropriate authority from time to time, on condition that such embryos are implanted exclusively into female bovine animals present in the country of destination indicated in that certificate..

(5) Omit Articles 4 and 7.

(6) In Annex 1—

(a)in the table—

(i)omit the third column (“Applicable veterinary certificate”) and the three sub-columns beneath it;

(ii)below the row for Switzerland insert—

(#)

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 (#)

(b)in the footnotes following the table, in the footnote marked “(*)” (Switzerland), for the text 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.”.

(7) Omit Annexes 2, 3, 4 and 5.

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