The Cat and Dog Fur (Control of Movement etc.) (EU Exit) Regulations 2021

PART 4 Amendment of domestic legislation: Northern Ireland

Amendment of the Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008

4.—(1) The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008, are amended as follows.

(2) For regulation 2, substitute—

“Penalty for breach of Regulation (EC) 1523/2007

2.— (1) Any person who, in Northern Ireland, contravenes Article 3 of Regulation (EC) 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur(1), as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, is guilty of an offence and is liable—

(a) on conviction on indictment, to a fine not exceeding £75,000; and

(b) on summary conviction, to a fine.

(2) For the purposes of paragraph (1), the movement from Northern Ireland to Great Britain of cat and dog fur or of products containing such fur is to be treated as if it were not a contravention of the general prohibition in Article 3 of Regulation (EC) 1523/2007 where that fur or those products are “qualifying Northern Ireland goods” as defined in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018 (power in connection with Ireland/Northern Ireland Protocol in withdrawal agreement)(2).”.

(3) In regulation 3, for paragraph (2) substitute—

“(2) These Regulations must be enforced in Northern Ireland by Her Majesty’s Revenue and Customs and not by the enforcement authorities at any place where the goods are under customs supervision within the meaning of Regulation (EU) No. 952/2013 of the European Parliament and of the Council dated 9th October 2013 laying down the Union Customs Code(3), as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement,”.

(1)

OJL 343, 27.12.2007, p.1-4.

(2)

Section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(3)

OJL 269, 10.10.2013, p1–101, as last amended by Regulation (EU) 2019/632 of the European Parliament and of the Council of 17th April 2019.