Statutory Instruments
2018 No. 1410
Exiting The European Union
Animals
Animal Health
The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018
Sift requirements satisfied
26th November 2018
Made
20th December 2018
Laid before Parliament
21st December 2018
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
Marginal Citations
PART 1 U.K.Introduction
Citation, commencement and extentU.K.
1.—(1) These Regulations may be cited as the Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 and come into force on exit day.
(2) Except for Part 3, these Regulations extend to the United Kingdom.
(3) Part 3 extends to England and Wales and Scotland.
Commencement Information
I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
PART 2U.K.Amendments etc. to retained direct EU legislation
Commission Decision 88/397/EEC coordinating rules laid down by Member States in application of Article 6 of Council Directive 85/511/EECU.K.
2. Commission Decision 88/397/EEC coordinating rules laid down by Member States in application of Article 6 of Council Directive 85/511/EEC is revoked.
Commencement Information
I2Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 93/52/EEC recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the diseaseU.K.
3.—(1) Commission Decision 93/52/EEC recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease is amended as follows.
(2) Omit Articles 2a and 3.
(3) After Article 2a, insert Article 2b—
“Article 2bU.K.
The United Kingdom is officially free of brucellosis (B. melitensis), as it satisfies the conditions laid down in Directive 91/68/EEC, Annex A, Chapter 1.II (1) (b).”.
(4) In Annex 1—
(a)under the first column headed “ISO Code, omit “UK”;
(b)under the second column headed “Member State”, omit “United Kingdom”.
Commencement Information
I3Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 1993/152/EEC laying down the criteria for vaccines to be used against Newcastle disease in the context of routine vaccination programmesU.K.
4. Omit Article 3 of Commission Decision 1993/152/EEC laying down the criteria for vaccines to be used against Newcastle disease in the context of routine vaccination programmes.
Commencement Information
I4Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Council Decision 2000/258/EC designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccinesU.K.
5.—(1) Council Decision 2000/258/EC designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines is amended as follows.
(2) For Article 1 substitute—
“Article 1U.K.
The laboratory at Woodham Lane, New Haw, Addlestone, Surrey KT15 3NB is designated as the institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines within the United Kingdom in accordance with the OIE Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, as amended from time to time M2.”.
(3) In Article 3—
(a)in the first subparagraph of paragraph 1, for “Member State, documented by AFSSA, Nancy, the competent authority of the Member State” substitute “ part of [F1Great Britain], any relevant competent authority ”;
(b)for the second unnumbered subparagraph of paragraph 1 substitute—
[F2“The Secretary of State, with the consent of the Welsh Ministers and the Scottish Ministers must draw up, keep up to date and publish a list of those laboratories that have been so authorised.”];
(c)in paragraph 2—
(i)omit “documented by AFSSA Nancy”;
(ii)omit “in accordance with the procedure referred to in Article 5(2)”;
(d)after paragraph 2 insert—
“2A. In this Article and in Annex 2—
(a)“the relevant competent authorities” means—
(i)in relation to England, the Secretary of State;
F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(ii)]in relation to Scotland, the Scottish Ministers;
[F3(iii)]in relation to Wales, the Welsh Ministers;
(b)“third country” means any country other than the United Kingdom.”.
(e)omit paragraph 3.
(4) Omit Articles 4, 5 and 6.
(5) Omit Annex 1.
(6) In Annex 2—
(a)in the words before the first indent, for “The specific” to “vaccines” substitute “ The institute mentioned in Article 1 ”;
(b)at the end of the first indent, insert “ in accordance with the OIE Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, as amended from time to time ”;
(c)omit the second indented paragraph;
(d)in the third indent, omit the words “and to the Commission”;
(e)in the sixth indent, for “Commission and the competent authorities concerned” substitute “ relevant competent authorities ”.
Textual Amendments
F1Words in reg. 5(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(2)(a)
F2Words in reg. 5(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(2)(b)
F3Reg. 5(3)(d): sub-para. (ii) of inserted para. 2A(a) omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(2)(c)
Commencement Information
I5Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M2Available online at: http://www.oie.int/en/standard-setting/terrestrial-manual/access-online/, or a print version is available from the Defra Exotic Disease Control team, Nobel House, 17 Smith Square, SW1P 3JR.
Commission Decision 2000/428/EC establishing diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation and differential diagnosis of swine vesicular diseaseU.K.
6.—(1) Commission Decision 2000/428/EC establishing diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation and differential diagnosis of swine vesicular disease is amended as follows.
(2) In Article 1—
(a)in paragraph 1, for “Member States” substitute “ [F4The Secretary of State, with the consent of the Welsh Ministers and the Scottish Ministers] ”;
(b)for paragraph 2 substitute—
“(2) The Pirbright Institute, Ash Road, Surrey, GU24 ONF may apply modifications to the laboratory tests referred to in the Manual annexed to this Decision or use different tests, provided that an equal sensitivity and specificity can be demonstrated. The sensitivity and specificity of these modified or different tests must be evaluated in the framework of the periodic comparative tests;”;
(c)after paragraph 2, insert—
“3. For the purposes of this Decision—
(a)“the appropriate Minister” means—
(i)in relation to England, the Secretary of State;
F5(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(ii)]in relation to Scotland, the Scottish Ministers;
[F5(iii)]in relation to Wales, the Welsh Ministers;
(b)“the competent authority” means the appropriate Minister for the relevant constituent part of [F6Great Britain];
(c)“EU-derived domestic legislation” has the same meaning as in section 2(2) of the European Union (Withdrawal) Act 2018.”.
(3) Omit Article 3.
(4) In the Annex—
(a)in Chapter 2, in both places it occurs, for “Member States” substitute “ The appropriate Minister ”;
(b)in Chapter 3—
(i)at paragraph 5, for “Community” substitute “ EU-derived domestic ”,
(ii)for paragraph 7 substitute—
“7. Before shipment of samples, the laboratory at the Pirbright Institute must be informed of the details of the date and expected time of arrival by email to enquiries@pirbright.ac.uk.
Parcels must be addressed to: The Pirbright Institute, Ash Road, Pirbright, Woking, Surrey GU24 ONF.
The following information must also be included on the label: ‘Animal pathological material of no commercial value. Perishable. Fragile. To be collected by addressee. Not to be opened outside the laboratory’.
Should air freight be necessary, collection of consignments at Heathrow or Gatwick airport to be made by personnel from the Institute. Transportation of samples must be in accordance with the instructions laid down by the Institute.”;
(c)omit paragraph 8;
(d)in Chapter 5, in paragraph 1—
(i)in point (c), omit “other”;
(ii)for the words after point (c) substitute—
“blood samples must be collected for serological testing from pigs.”;
(e)in Chapter 6—
(i)in paragraph 2(c), in the first and second indents, for “intra-Community trade” substitute “ export ”;
(ii)in the proviso after paragraph 6(c), in the first and second indents, for “intra-Community trade” substitute “ export ”;
(f)in Chapter 8, in section C, in paragraph 1, in the first subparagraph—
(i)for “Community reference” substitute “ National reference ”;
(ii)omit “in the Community”.
Textual Amendments
F4Words in reg. 6(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(3)(a)
F5Reg. 6(2)(c): sub-para. (ii) of inserted para. 3(a) omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(3)(b)(i)
F6Words in reg. 6(2)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(3)(b)(ii)
Commencement Information
I6Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 2002/106/EC approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine feverU.K.
7.—(1) Commission Decision 2002/106/EC approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever is amended as follows.
(2) In Article 1—
(a)in paragraph 1, in the words before point (a), for “Member States” substitute “ The Secretary of State, with the consent of each other authority who in relation to any constituent part of the United Kingdom is the appropriate Minister, ”,
(b)for paragraph 2 substitute—
“2. The United Kingdom National Reference Laboratory may apply modifications to the laboratory tests referred to in the Manual annexed to this Decision or use different tests, provided that an equal sensitivity and specificity can be demonstrated. The sensitivity and specificity of these modified or different tests must be evaluated in comparative periodic tests.”;
(c)after paragraph 2, insert—
“3. For the purposes of this Decision—
(a)“the appropriate Minister” means—
(i)in relation to England, the Secretary of State;
F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(ii)]in relation to Scotland, the Scottish Ministers;
[F7(iii)]in relation to Wales, the Welsh Ministers;
(b)“the competent authority” means the appropriate Minister for the relevant constituent part of [F8Great Britain];
(c)the United Kingdom National Reference Laboratory is the laboratory at the Animal and Plant Health Agency, New Haw, Addlestone, Surrey KT15 3NB.”.
(3) Omit Article 4.
(4) The Annex is amended in accordance with paragraphs (5) to (8).
(5) In Chapter 4, in Section A (guidelines and procedures for clinical examination and sampling on pigs in suspected holdings), in paragraph 1, for “Member States” substitute “ The appropriate Minister ”.
(6) In Chapter 5, in Section C (transport of samples), in paragraph 4, omit the words from “to the Community” to “third countries”;
(7) In Chapter 6—
(a)in Section B (virus isolation), in paragraph 5, for the words from “a national” to the end substitute “ the United Kingdom National Reference Laboratory or any other laboratory authorised by the Secretary of State, with the consent of each other authority who in relation to any constituent part of the United Kingdom is the appropriate Minister, in accordance with Section E ”;
(b)in Section E (genetic typing of classical swine fever virus isolates), in paragraph 2—
(i)omit the first sentence;
(ii)in the second unnumbered paragraph—
(aa)after “laboratories authorised” insert “ by the Secretary of State with the consent of the other appropriate Ministers, ”;
(bb)for “Community” substitute “ National ”;
(iii)omit the last unnumbered paragraph;
(8) In Chapter 7, in Section B (recommended serological tests)—
(a)in paragraph 1—
(i)for “laboratories” substitute “ laboratory ”;
(ii)omit the words from “periodically” to the end;
(b)in paragraph 4, for “Community” substitute “ National ”;
(c)in paragraph 6—
(i)for “laboratories” substitute “ laboratory ”;
(ii)for “the panel” substitute “ a panel ”;
(iii)omit “provided by the Community Reference Laboratory”.
Textual Amendments
F7Reg. 7(2)(c): sub-para. (ii) of inserted para. 3(a) omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(4)(a)
F8Words in reg. 7(2)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(4)(b)
Commencement Information
I7Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 2003/422/EC approving an African swine fever diagnostic manualU.K.
8.—(1) Commission Decision 2003/422/EC approving an African swine fever diagnostic manual is amended as follows.
(2) In Article 1—
(a)in paragraph 2, in the words before point (a), for “Member States” substitute “ The Secretary of State, with the consent of each other authority who in relation to any constituent part of [F9Great Britain] is the appropriate Minister, ”;
(b)for paragraph 3 substitute—
“3. The United Kingdom National Reference Laboratory may apply modifications to the laboratory tests referred to in the Manual annexed to this Decision or use different tests, provided that an equal sensitivity and specificity can be demonstrated. The sensitivity and specificity of these modified or different tests must be evaluated in periodic tests.”;
(c)after paragraph 3, insert —
“4. For the purposes of this Decision—
(a)“the appropriate Minister” means—
(i)in relation to England, the Secretary of State;
F10(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(ii)]in relation to Scotland, the Scottish Ministers;
[F10(iii)]in relation to Wales, the Welsh Ministers;
(b)“the competent authority” means the appropriate Minister for the relevant constituent part of [F11Great Britain];
(c)the United Kingdom National Reference Laboratory is the Pirbright Institute, Ash Road, Pirbright, Woking Surrey GU24 ONF.”.
(3) Omit Article 3.
(4) The Annex is in accordance with paragraphs (5) to (8).
(5) In Chapter 4 (checking and sampling procedures), in Section A, in paragraph 1, for “Member States” substitute “ The appropriate Ministers ”;
(6) In Chapter 5 (general procedures and criteria for collection and transport of samples), in Section C, in paragraph 4, omit “to the Community Reference Laboratory for ASF”;
(7) In Chapter 6 (principles and use of virological tests and evaluation of their results)—
(a)in Section B, in paragraph 5—
(i)in the first unnumbered subparagraph, for the words from “a National” to “Community Reference Laboratory” substitute “ the National Reference Laboratory, or any other laboratory authorised by the Secretary of State with the consent of the other appropriate Ministers ”;
(ii)omit the second unnumbered subparagraph;
(b)in Section E, in paragraph 2—
(i)omit the first unnumbered subparagraph;
(ii)in the second unnumbered paragraph—
(aa)after “laboratories authorised” insert “ by the Secretary of State with the consent of the other appropriate Ministers, ”;
(bb)for “Community” substitute “ National ”;
(iii)omit the third unnumbered subparagraph;
(8) In Chapter 7 (principles and use of serological tests and evaluation of their results), in Section B—
(a)in paragraph 1, in the second unnumbered subparagraph, omit “periodically organised by the Community Reference Laboratory”;
(b)in paragraph 3, in the subparagraph before the first indent, for the words from “national laboratories” to the end of the sentence, substitute “ the National Reference Laboratory, making use of a panel of reference sera ”.
Textual Amendments
F9Words in reg. 8(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(5)(a)
F10Reg. 8(2)(c): sub-para. (ii) of inserted para. 4(a) omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(5)(b)(i)
F11Words in reg. 8(2)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(5)(b)(ii)
Commencement Information
I8Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Prospective
F12...U.K.
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Reg. 9 and heading omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(6)
Commission Decision 2006/437/EC approving a Diagnostic Manual for avian influenzaU.K.
10.—(1) Commission Decision 2006/437/EC approving a Diagnostic Manual for avian influenza is amended as follows.
(2) In Article 2, for “Member States” substitute “ The appropriate Minister ”.
(3) After Article 2, insert—
“Article 2aU.K.
For the purposes of this Decision—
(a)“the appropriate Minister” means—
(i)in relation to England, the Secretary of State;
F13(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(ii)]in relation to Scotland, the Scottish Ministers;
[F13(iii)]in relation to Wales, the Welsh Ministers.
(b)“the competent authority” means the appropriate Minister for the relevant constituent part of [F14Great Britain].”.
(4) Omit Article 3.
(5) The Annex is amended in accordance with paragraphs (6) to (11).
(6) In Chapter 1 (introduction, objectives and definitions)—
[F15(a)in paragraph 1, in the words before point (a), omit “in the Community”;]
(b)in paragraph 6(b)—
(i)in point (i), omit the words from “organised” to “laboratory)”;
(ii)in point (ii)—
(aa)omit “by the Community Reference Laboratory”;
(bb)omit the words from “the results” to the end.
(7) In Chapter 5 (diagnostic virological tests and evaluation of results), in paragraph 4—
(a)in subparagraph (b)—
(i)for point (iii) substitute—
“(iii)immediately undertake confirmation and full characterisation of all HPAI, H5 and H7 isolates.”;
(ii)in the words following subparagraph (iv), omit the second sentence;
(b)omit subparagraphs (c) and (d).
(8) In Chapter 6 (molecular tests and evaluation of results), for the words after the first unnumbered paragraph, substitute—
“The Weybridge National Reference Laboratory has produced protocols for molecular tests including conventional RT-PCR and rRT-PCR to be followed as standard. If test parameters, such as cycling and ramp times, are varied from those recommended in the specified protocols they must be demonstrated to be consistent with paragraph 6 of Chapter I of this diagnostic manual prior to use.”.
(9) In Chapter 8 (serological tests and evaluation of results), for the fifth unnumbered paragraph (and the website reference below it) substitute—
(10) “The Weybridge National Reference Laboratory standard protocols for serological tests and evaluation of their results must be followed”.
(11) For Chapter 13 substitute—
“CHAPTER 13U.K.Dispatch of viruses and samples to the Weybridge laboratory
Any samples to be sent to the Weybridge National Reference Laboratory must comply with legislative requirements for the transport of dangerous pathogens.
The outer packaging must indicate whether it contains avian influenza virus or tissues and other materials for testing, and be marked as follows:
‘ANIMAL PATHOGEN — PACKAGE ONLY TO BE OPENED AT THE AVIAN VIROLOGY SECTION, WEYBRIDGE LABORATORY, NEW HAW, SURREY, TK15 3NB’”;
(12) In Chapter 14—
(a)in paragraph 1, in the second unnumbered subparagraph, for “In the Community” substitute “ The ”;
(b)in paragraph 5—
(i)in the first subparagraph, for “in Member States” substitute “ that report to the appropriate Minister ”,
(ii)in the second subparagraph, for “of the Member States” substitute “ that report to the appropriate Minister ”,
[F16(iii)in the third sub-paragraph, for the words from “Community” to “United Kingdom,” substitute “National reference laboratory”.]
F17(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Reg. 10(3): sub-para. (ii) of inserted art. 2a omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(7)(a)(i)
F14Words in reg. 10(3) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(7)(a)(ii)
F15Reg. 10(6)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(7)(b)
F16Reg. 10(12)(b)(iii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(7)(c)(i)
F17Reg. 10(12)(b)(iv) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(7)(c)(ii)
Commencement Information
I9Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the CommunityU.K.
11.—(1) Commission Decision 2006/563 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community is amended as follows.
(2) In Article 1—
(a)in paragraph 1, for “Member State (the affected Member State)” substitute “ part of [F18Great Britain] (the affected part of [F18Great Britain]) ”;
(b)in paragraph 2, omit point (a).
(3) In Article 2—
(a)after the first unnumbered paragraph, insert—
“However—
(a)the definition in that Directive of “competent authority” is to be read for the purposes of this Decision as if it defined that term as in the definition in this Decision;
(b)the definition in that Directive of “primary outbreak” is to be read for the purposes of this Decision as if it defined that term as an outbreak not epidemiologically linked with a previous outbreak in the same part of [F19Great Britain].”;
(b)after definition (c), insert by—
(4) In Article 3—
(a)in paragraph 1, for “affected Member State” substitute “ appropriate Minister for the affected part of [F23Great Britain] ”;
(b)for paragraph 3 substitute—
“3. The appropriate Minister must publish the details of any control and monitoring areas and measures taken.”;
F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)in paragraph 5, omit “established pursuant to Article 11(1) of Decision 2006/416/EC (the protection or surveillance zones)”.
(5) In Article 4(1)—
(a)in the first unnumbered subparagraph, for “affected Member State” substitute “ appropriate Minister for any affected part of [F25Great Britain] ”;
(b)omit the last unnumbered subparagraph.
(6) In Article 5, in the first sentence, for “affected Member State” substitute “ appropriate Minister for the affected part of [F26Great Britain] ”.
(7) In Article 6—
(a)in the first sentence, for “affected Member State” substitute “ appropriate Minister for the affected part of [F27Great Britain] ”;
(b)in point (g), before “Member States”, insert “ parts of [F28Great Britain], ”.
(8) In Articles 7 and 8, for “affected Member State” substitute “ appropriate Minister for the affected part of [F29Great Britain] ”.
(9) In Article 9—
(a)in paragraph 1—
(i)in the words before subparagraph (a), for “affected Member State” substitute “ appropriate Minister for the affected part of [F30Great Britain] ”;
(ii)in subparagraph (b), for “Member State” substitute “ part of [F31Great Britain] ”;
(b)in paragraph 2—
(i)for “affected Member State” substitute “ appropriate Minister for the affected part of [F32Great Britain] ”;
(ii)for “same Member State” substitute “ same part of [F33Great Britain], ”.
(10) In Article 10—
(a)in paragraphs 1 and 2, for “affected Member State” substitute “ appropriate Minister for the affected part of [F34Great Britain] ”;
(b)in paragraph 3, for “other Member States” substitute “ any other part of [F35Great Britain] ”.
(11) In Article 11—
(a)in paragraphs 1 and 2, for “affected Member State” substitute “ appropriate Minister for the affected part of [F36Great Britain] ”;
(b)in paragraph 2(b), before “Member States” insert “ parts of [F37Great Britain] or ”.
(12) In Article 12—
(a)in paragraph 1, in the words before subparagraph (a), for “affected Member State” substitute “ appropriate Minister for the affected part of [F38Great Britain] ”;
(b)in paragraph 1(b), for “Member States” substitute “ parts of [F39Great Britain] ”;
(c)in paragraph 2, for the first sentence substitute—
“The appropriate Minister for the affected part of [F40Great Britain] must ensure that the products referred to in paragraph 1(c) of this Article are accompanied by a commercial document stating that the feathers and parts of feathers have been treated with a steam current or by some other method ensuring that no pathogens remain.”.
(13) Omit Article 16.
(14) Omit Articles 18 and 19.
Textual Amendments
F18Words in reg. 11(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(a)
F19Words in reg. 11(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(i)
F20Reg. 11(3)(b): sub-para. (ii) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(ii)(aa)
F21Words in reg. 11(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(ii)(bb)
F22Words in reg. 11(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(ii)(cc)
F23Words in reg. 11(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(c)
F24Reg. 11(4)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(d)
F25Words in reg. 11(5)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F26Words in reg. 11(6) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F27Words in reg. 11(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F28Words in reg. 11(7)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F29Words in reg. 11(8) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F30Words in reg. 11(9)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F31Words in reg. 11(9)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F32Words in reg. 11(9)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F33Words in reg. 11(9)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F34Words in reg. 11(10)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F35Words in reg. 11(10)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F36Words in reg. 11(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F37Words in reg. 11(11)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F38Words in reg. 11(12)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F39Words in reg. 11(12)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
F40Words in reg. 11(12)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(f)
Commencement Information
I10Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 2007/118/EC laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/ECU.K.
12.—(1) Commission Decision 2007/118/EC laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/EC is amended as follows.
(2) In Article 1—
(a)in paragraph 1, for “Member States” substitute “ [F41the Secretary of State with the consent of the Scottish Ministers and the Welsh Ministers,] ”;
(b)omit paragraph 2.
(3) In Article 2—
(a)for “the requirements laid down in Article 3 of Directive 2002/99/EC” substitute “ the requirements set out in the following paragraph ”;
(b)for “national market of the affected Member State” substitute “ United Kingdom domestic market ”;
(c)at the end, insert the following unnumbered paragraph—
“The requirements referred to above are the requirements laid down in Article 3 of Directive 2002/99/EC with, in paragraph 1 of that Article—
(a)the substitution, for “Member States” of the authorities mentioned in Article 1(1) of this Decision;
(b)the substitution, for “the Community” of “ [F42Great Britain] ”.”.
(4) Omit Article 3.
Textual Amendments
F41Words in reg. 12(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(9)(a)
F42Words in reg. 12(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(9)(b)
Commencement Information
I11Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 2007/598/EC concerning measures to prevent the spread of highly pathogenic avian influenza to other captive birds kept in zoos and approved bodies, institutes or centres in the Member StatesU.K.
13.—(1) Commission Decision 2007/598 concerning measures to prevent the spread of highly pathogenic avian influenza to other captive birds kept in zoos and approved bodies, institutes or centres in the Member States is amended as follows.
(2) In Article 2—
(a)in the words before paragraph (a), insert at the end “ subject to the modifications indicated ”;
(b)in paragraph (a), insert at the end, “ read as if paragraphs 18 and 25 were omitted ”;
(c)in paragraph (b), insert at the end “read as if the functions of Member States under that Article were exercisable instead by the appropriate Minister;
(d)in paragraph (c), insert at the end “read as if, before “ in accordance with Article 13 ”, there were inserted “by the appropriate Minister”;
(e)after paragraph (c), insert—
“(d)“the appropriate Ministers” means—
(i)in relation to England, the Secretary of State;
F43(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)F43in relation to Scotland, the Scottish Ministers;
(iii)F43in relation to Wales, the Welsh Ministers;
(e)“the competent authority” means the appropriate Minister for the relevant constituent part of [F44Great Britain];
(f)“third country” means a country [F45country or territory other than the British Islands].”.
(3) In Article 3—
(a)in paragraph 1, for “Member States” substitute “ The appropriate Minister ”;
(b)in paragraph 2, omit “the same Member State”.
(4) In Article 4, omit “submitted in accordance with Article 56(2) of Directive 2005/94/EC”.
(5) For Article 5 substitute—
“Article 5U.K.Approval of preventive vaccination plan
1. Nothing in this Decision is to be treated as having any effect on the continuation in force of the preventive vaccination plans for the United Kingdom submitted in accordance with Article 56(2) of Directive 2005/94/EC and approved by the EU Commission on 27 June 2007 under Article 57(2) of that Directive.
2. The Secretary of State, with the consent of each other authority who in relation to any constituent part of [F46Great Britain] is the appropriate Minister, must publish preventive vaccination plans approved under Article 57 of Directive 2005/94/EC, on the basis that functions of Member States were to be read as if they refer to the functions of the appropriate Minister.”.
(6) In Article 6—
(a)in paragraph 1, for “Member States” substitute “ The appropriate Minister ”;
(b)in paragraph 2—
(i)for the words “Member States shall” to “other Member States” substitute “ The appropriate Ministers may publish ”;
(ii)omit “, or upon specific request by the Commission,”;
(c)in paragraph 3—
(i)for “Member States shall inform the Commission of” substitute “ The appropriate Minister must publish ”;
(ii)in subparagraph (a), for “their” substitute “ the ”.
(7) Omit Articles 8, 9 and 10.
(8) In Annex 2—
(a)in item 4(a) of the table—
(i)omit “other”;
(ii)for “as laid down in Part 3 of Annex E to Directive 92/65/EEC, where under point II.5.” substitute “ where ”;
(b)in item 4(b) of the table—
(i)omit “other”;
(ii)for the words from “as laid down in” to “point II.3.2” substitute “ that includes the following words ”.
(9) Omit Annex 3.
Textual Amendments
F43Reg. 13(2)(e): sub-para. (ii) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(10)(a)(i)
F44Words in reg. 13(2)(e) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(10)(a)(ii)
F45Words in reg. 13(2)(e) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(10)(a)(iii)
F46Words in reg. 13(5) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(10)(b)
Commencement Information
I12Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongueU.K.
14.—(1) Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue is amended as follows.
(2) In Article 1, at the end, insert—
“References in this Regulation to Directive 2000/75/EC are to be read as if within that Directive—
(a)each function of the competent authority were a function of the appropriate Minister for the relevant constituent parts of [F47Great Britain];
(b)each function of a Member State were a function of the appropriate Minister;
(c)functions of or involving the Commission were omitted;
(d)references to the Community were to be references to [F47Great Britain];
(e)the last sentence of Article 7(2) were omitted;
(f)Articles 15(3), 16, 17 and Articles 19 to 23, and Annex 2 were omitted.”.
(3) In the second paragraph of Article 2—
(a)for subparagraph (b) substitute—
“(b)‘outbreak of bluetongue’ means the holding or place where animals are assembled and where one or more cases has or have been officially confirmed and Culicoides are believed to be actively transmitting the bluetongue virus;”;
(b)for subparagraph (c) substitute—
“(c)‘primary outbreak of bluetongue’ means an outbreak of bluetongue—
(i)that is not epidemiologically linked with a previous outbreak in [F48Great Britain]; or
(ii)that implies the demarcation of a restricted zone or a change in an existing restricted zone where an outbreak of bluetongue may not have been confirmed;”;
(c)in subparagraph (e), for “a member State” substitute “ [F49Great Britain]”;
(d)at the end of subparagraph (f) insert—
“(g)“the competent authority” means the appropriate Minister for the relevant constituent part of [F50Great Britain];
(h)“the appropriate Minister” means—
(i)in relation to England, the Secretary of State;
F51(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)F51in relation to Scotland, the Scottish Ministers;
(iii)F51in relation to Wales, the Welsh Ministers;
(i)‘exit point’ means any place situated in close proximity to the external frontier of a member State offering customs supervision facilities;
(j)‘third country’ means any country other than the United Kingdom or a Member State.”.
(4) For Article 3 substitute—
“Article 3U.K.
The appropriate Minister must inform each other authority who in relation to any constituent part of [F52Great Britain] is the appropriate Minister of primary outbreaks of bluetongue.”.
(5) In Article 4, for “Member States” substitute “ The appropriate Minister ”.
(6) In Article 6—
(a)for paragraph 1, substitute—
“1. Each authority who in relation to any constituent part of the United Kingdom is the appropriate Minister must—
(a)draw up and keep updated a list of the restricted zones in that constituent part of [F53Great Britain];
(b)make that information available to the public, together with details of the bluetongue virus serotypes circulating in each zone;
(c)share that information with each other authority who in relation to any constituent part of [F53Great Britain] is the appropriate Minister and notify them of any change in the situation of those zones within 24 hours.”;
(b)for paragraph 2 substitute—
“2. Before taking any decision to remove an epidemiologically relevant geographical area from a restricted zone, the appropriate Minister must demonstrate the absence of bluetongue virus circulation in that area during a period of two years, including at least two vector activity seasons, following the implementation of the bluetongue monitoring and surveillance programme in accordance with paragraph 3 of Annex 1.”;
(c)omit paragraphs 3, 4 and 5.
(7) In Article 7—
(a)in paragraph 2a—
(i)in the first subparagraph, for “Member States” substitute “ The appropriate Minister ”;
(ii)omit the second and third subparagraphs;
(b)omit paragraphs 3 and 4.
(8) In Article 8—
(a)in paragraph 2, for “The Member State” to “States” substitute “Each authority who in relation to any constituent part of [F54Great Britain] is the appropriate Minister must inform each other such authority;
(b)in paragraph 3, for “ Member State” substitute “ part of [F55Great Britain] mentioned in Article 2(h) ”;
(c)in paragraph 5, in the last unnumbered subparagraph, omit “other Member States and to the”;
[F56(d)in paragraph 5a omit—
(i)the words “, as defined in Article 1(2)(a) of Decision 93/444/EEC”, and
(ii)the words “to a third country”;]
(e)in paragraph 6, omit the words from “laid down” to “Decision 93/444/EEC”.
(9) In Article 9(3), omit the words from “laid down” to “Decision 93/444/EEC”.
(10) In Article 11, omit the second unnumbered paragraph.
(11) In Annex 1—
(a)in paragraph 1, for the words in the last unnumbered paragraph, from “If appropriate” to the end substitute—
“The appropriate Minister in relation to [F57England and Wales] must use counties, and the appropriate Minister in relation to Scotland must use districts or islands, as the geographical units of reference for monitoring and surveillance purposes.”;
(b)in paragraph 3—
(i)in the heading, for “a Member State” substitute “ an ”,
(ii)in subparagraph (a), in the words before point (i)—
(aa)for “Member States”, where it first occurs, substitute “ the appropriate Minister ”;
(bb)for “Member States shall submit to the Commission” substitute “ Each authority who in relation to any constituent part of [F58Great Britain] is the appropriate Minister must publish ”;
(iii)in subparagraph (b)—
(aa)for “Member States”, in the first place it occurs, substitute “ the appropriate Minister ”, and
(bb)for “Member States shall submit to the Commission” substitute “ The appropriate Minister must publish ”.
(12) In Annex 3—
(a)in Section A (Animals)—
(i)in paragraph 1—
(aa)in the second subparagraph, omit “for Member States or regions of a Member State”;
(bb)omit the third unnumbered subparagraph;
[F59(cc)in the fourth unnumbered subparagraph, for the words from “intra-Community” to “92/65/EEC:” substitute “trade, the following additional wording must be added to the relevant corresponding health certificates:]
[F60(ii)in paragraphs 2, 3, 4, 6 and 7, for the words from “intra-Community” to “92/65/EEC:” in each place they occur, substitute “trade, the following additional wording must be added to the relevant corresponding health certificates:”, and]
[F61(iii)in paragraph 5, for the words from “intra-Union” to “92/65/EEC:” substitute “trade, the following additional wording must be added to the relevant corresponding health certificates:]
(b)in Section B (Semen of animals)—
(i)in point (c), in the second subparagraph, omit “in Member States or regions of a Member State”, and omit the third subparagraph;
(ii)in point (e), in the unnumbered paragraph after subparagraph (ii), for the words from “intra-Community” to “93/444/EEC” substitute “ [F62trade], the following additional wording must be added to the relevant corresponding health certificates ”;
(c)in Section C (Ova and embryos of animals), in paragraph 3, for the words from “intra-Community” to “93/444/EEC” substitute “ [F63trade], the following additional wording must be added to the relevant corresponding health certificates ”.
(13) In Annex 5, in the opening unnumbered paragraph, omit “of a Member State”.
Textual Amendments
F47Words in reg. 14(2) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(a)
F48Words in reg. 14(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(b)(i)
F49Words in reg. 14(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(b)(ii)
F50Words in reg. 14(3)(d) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(b)(iii)(aa)
F51Reg. 14(3)(d): sub-para. (ii) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(b)(iii)(bb)
F52Words in reg. 14(4) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(c)
F53Words in reg. 14(6) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(d)
F54Words in reg. 14(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(e)(i)
F55Words in reg. 14(8)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(e)(i)
F56Reg. 14(8)(d) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(e)(ii)
F57Words in reg. 14(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(f)(i)
F58Words in reg. 14(11)(b)(ii)(bb) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(f)(ii)
F59Reg. 14(12)(a)(i)(cc) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(g)(i)(aa)
F60Reg. 14(12)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(g)(i)(bb)
F61Reg. 14(12)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(g)(i)(cc)
F62Word in reg. 14(12)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(g)(ii)
F63Word in reg. 14(12)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(11)(g)(ii)
Commencement Information
I13Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartmentsU.K.
15.—(1) Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments is amended as follows.
(2) In Article 1, for “Member States” substitute “ appropriate Minister ”.
(3) In Article 2, after paragraph 6, insert—
“7. “The appropriate Minister” means—
(a)in relation to England, the Secretary of State;
F64(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F64(b)]in relation to Scotland, the Scottish Ministers;
[F64(c)]in relation to Wales, the Welsh Ministers.
8. “The competent authority” means the appropriate Minister for the relevant constituent part of [F65Great Britain].
9. “EU-derived domestic legislation” has the same meaning as in section 2(2) of the European Union (Withdrawal) Act 2018.”.
(4) In Article 4—
(a)in paragraph 1—
(i)in the first subparagraph, for the words “the territory, or part of the territory” to the end substitute “ an area of [F66Great Britain] where no restrictions apply in relation to avian influenza, pursuant to EU-derived domestic legislation ”,
(ii)in the second subparagraph—
(aa)for “in a Member State whose” substitute “ where a ”;
(bb)for “approved” substitute “ put in place by an appropriate Minister ”;
(b)in paragraph 2(b), for “Community” substitute “ EU-derived domestic ”.
(5) In Article 5(2)(d), omit “or Community reference laboratory”.
(6) In Article 9—
(a)for “Member States shall” substitute “ The appropriate Minister must ”;
(b)omit paragraph 1(c);
(c)omit paragraph 2.
(7) In the words immediately after Article 10, omit “and directly applicable in all Member States”.
(8) In the Annex—
(a)in Part 1 , in paragraph 2(e), for “Community legislation” substitute “ EU-derived domestic legislation ”;
(b)in Part 2, in paragraph 3, for “the Member State or in the region or zone” substitute “ an area ”;
(c)in Part 3—
[F67(i)in paragraph 4(a) and (b) for “the territory of the Member State” substitute “Great Britain”;]
(ii)in paragraph 4(c), for “Community legislation”, in both places where it appears, substitute “EU-derived domestic legislation”.
Textual Amendments
F64Reg. 15(3): sub-para. (b) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(a)(i)
F65Words in reg. 15(3) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(a)(ii)
F66Words in reg. 15(4)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(b)
F67Reg. 15(8)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(c)
Commencement Information
I14Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Decision 2010/367/EC on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birdsU.K.
16.—(1) Commission Decision 2010/367 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds is amended as follows.
(2) In Article 1, for “Member States” substitute “ The appropriate Minister ”.
(3) After Article 1 insert—
“Article 1aU.K.
For the purposes of this Decision—
(a)“the competent authority” means the appropriate Minister for the relevant constituent part of [F68Great Britain];
(b)“the appropriate Minister” means—
(i)in relation to England, the Secretary of State;
F69(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F69(ii)]in relation to Scotland, the Scottish Ministers;
[F69(iii)]in relation to Wales, the Welsh Ministers.”.
(4) In Article 2—
(a)in paragraph 1, for “Member States” substitute “ The appropriate Minister ”;
(b)omit paragraph 3.
(5) In Article 3—
(a)for “Member States” substitute “ the appropriate Minister ”;
(b)after “Article 4(1) of Directive 2005/94/EC” insert “ (read as if it applied to the appropriate Minister rather than to Member States) ”.
(6) Omit Articles 4 and 6.
(7) In Annex 1—
(a)in paragraph 2, for “Member States,” substitute “ [F70Great Britain] ”;
(b)in paragraph 2.1—
(i)for “Member States” substitute “ The appropriate Minister ”;
(ii)in the third unnumbered paragraph omit “in the Member State concerned”;
(c)in paragraph 2.2—
(i)for “If a Member State is not” substitute “ An appropriate Minister, if not ”;
(ii)omit “it”;
omit “throughout the whole territory of the Member State,”;
(iv)at the end of the second unnumbered subparagraph, for “ [F71the Member State] ” substitute “ [F72Great Britain] ”;
(d)in paragraph 3(n), for “Member States” substitute “ areas ”;
(e)in paragraph 4, omit “at Member State level,”;
(f)in paragraph 4.1.2 (b), omit “in the Member State”;
(g)in paragraph 5.1.1 and 5.1.2, in Tables 1 and 2, in the heading to the first column, omit “per Member State”;
(h)in paragraph 8, for “Member States” substitute “ the appropriate Minister ”;
(i)in paragraph 9—
(i)in the first unnumbered subparagraph, for the words from “National Reference Laboratories for avian influenza” to “control of the NRL” substitute “ the national reference laboratory for avian influenza or by other laboratories authorised by the Secretary of State (“the NRL”) with the consent of the other appropriate Ministers ”;
(ii)omit the third unnumbered subparagraph;
(iii)in the fourth unnumbered subparagraph omit “supplied by the EURL”;
(iv)in the fifth unnumbered subparagraph, omit “The conclusions of all those investigations shall be reported to the Commission.”;
(v)omit the sixth and seventh unnumbered subparagraphs.
(8) In Annex 2, in Part 1—
(a)in paragraph 2(e) omit the words from “This could” to the end;
(b)in paragraph 3(c)—
(i)in the second sentence, for the words from “EURL” to the end of the sentence substitute “ NRL ”, and
(ii)in the last sentence, for “EURL” substitute “ NRL ”;
(c)in paragraph 4,—
(i)in the second unnumbered paragraph omit “in Member States”;
(ii)in the third unnumbered subparagraph—
(aa)for “Member State” substitute “ the appropriate Minister ”;
(bb)for “EURL” substitute “ NRL ”.
Textual Amendments
F68Words in reg. 16(3) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(13)(a)(i)
F69Reg. 16(3): sub-para. (ii) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(13)(a)(ii)
F70Words in reg. 16(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(13)(b)(i)
F71Words in reg. 16(7)(c)(iv) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(13)(b)(ii)(aa)
F72Words in reg. 16(7)(c)(iv) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(13)(b)(ii)(bb)
Commencement Information
I15Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Regulation (EC) No 415/2013 laying down additional responsibilities and tasks for the EU reference laboratories for rabies, bovine tuberculosis and bee healthU.K.
17. Commission Regulation (EC) No 415/2013 laying down additional responsibilities and tasks for the EU reference laboratories for rabies, bovine tuberculosis and bee health is revoked.
Commencement Information
I16Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Regulation (EU) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive materialU.K.
18.—(1) Regulation (EU) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material is amended as follows.
(2) Omit Articles 1 to 36.
(3) In Article 37—
(a)for the words before point (a) substitute—
[F73“The Secretary of State, with the consent of the Scottish Ministers and the Welsh Ministers, may organise joint on-the-spot checks with the EU Commission in Great Britain at the premises of any beneficiary of EU expenditure incurred or committed before IP completion day, with a view to verifying in particular:”];
(b)in points (a) and (b), for “Union” substitute “ EU ”;
(c)in point (c), for “a Union” substitute “ an EU ”.
(4) In Article 38—
(a)for “Member States” substitute “[F74The Secretary of State, with the assistance of the Scottish and Welsh Ministers]”;
(b)before “Commission”, in both places it occurs, insert “ EU ”;
(c)for “Union” substitute “ European Union ”.
(5) In Article 39—
(a)for the heading substitute “ Protection of the EU's and the United Kingdom's financial interests ”;
(b)for paragraph 1 substitute—
“1. This Article only applies for so long as checks are required in respect of EU funds that have been granted or committed to the UK or UK beneficiaries before exit day in order for appropriate measures (including effective checks) to be taken either by the EU Commission or by the Secretary of State, [F75the Scottish and the Welsh Ministers] to prevent fraud, corruption and any other illegal activities, and in order that, where irregularities are detected, the EU Commission is assisted with the recovery of the amounts wrongly paid and, where appropriate, effective and proportionate action is taken against the beneficiaries where fraud, corruption or illegal activity is revealed.”;
(c)for paragraph 2 substitute—
“2. The EU Commission, or its representatives, and the EU Court of Auditors retain the power of audit, on the basis of documents and on-the-spot checks, over all grant beneficiaries, implementing bodies, contractors and subcontractors who have received EU funds granted or committed before exit day under this Regulation.
The European Anti-Fraud Office (OLAF) may be authorised to carry out reasonable on-the-spot checks and inspections on economic operators suspected of defrauding the EU following receipt directly or indirectly of EU funding in accordance with the procedures laid down in Council Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the EU in connection with a grant agreement or decision or a contract concerning EU funding.”;
(d)in paragraph 2, omit the last unnumbered paragraph.
(6) Omit Articles 40 to 42.
(7) For Article 43 substitute—
“Article 43U.K.Information, communication and publicity
Where appropriate, beneficiaries and the Secretary of State, the Scottish Ministers, Welsh Ministers and (in Northern Ireland) the Department of Agriculture, Environment and Rural Affairs must ensure that suitable publicity is given to financial contributions granted by the EU.”.
(8) Omit Articles 44 to 54 and the Annexes.
Textual Amendments
F73Words in reg. 18(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(14)(a)
F74Words in reg. 18(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(14)(b)
F75Words in reg. 18(5)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(14)(c)
Commencement Information
I17Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Implementing Decision 2018/1136 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultryU.K.
19.—(1) Commission Implementing Decision 2018/1136 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry is amended as follows.
(2) At the end of Article 2, after the unnumbered paragraph, insert—
“In this Decision, the definitions in Council Directive 2005/94/EC are to be interpreted as if—
(a)in point 18, the reference to “competent authority” were a reference to the appropriate Minister;
(b)in point 25, the reference to “Community vaccine bank” were a reference to the EU or any other vaccine bank;
(c)in point 29, in the reference to “primary outbreak”, for the words “Member State” to the end there were substituted “ constituent part of [F76Great Britain], or the first outbreak in a different constituent part of [F76Great Britain] ”.
For the purposes of this Decision—
(a)“the appropriate Minister” means—
(i)in relation to England, the Secretary of State;
F77(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F77(ii)]in relation to Scotland, the Scottish Ministers;
[F77(iii)]in relation to Wales, the Welsh Ministers;
(b)“constituent part”, in relation to the United Kingdom, means England, Scotland, Wales or Northern Ireland;
F78(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
(3) In Article 3—
(a)in paragraph 1—
(i)in the words before subparagraph (a), for “Member States” substitute “ Each authority who in relation to a constituent part of F79... is the appropriate Minister ”,
(ii)in subparagraph (a)(i)—
(aa)omit “in Member States”;
(bb)for “Union” substitute “ EU ”,
(iii)in subparagraph (c), omit “the European Food Safety Authority's (EFSA) and by”,
(b)in paragraphs 2 and 3, for “Member States” substitute “ Each authority who in relation to a constituent part of [F80Great Britain] is the appropriate Minister ”.
(4) In Article 4—
(a)in paragraph 1—
[F81(i)for “Member States”, in the first place where it occurs, substitute “authority who in relation to a constituent part of Great Britain is the appropriate Minister”,]
(ii)[F82omit “Member States and nearby third];
(b)in paragraph 2, for “Member States” substitute “ The appropriate Minister ”;
(c)in paragraph 4, in the words before point (a), for “Member States” substitute “ The appropriate Minister ”;
(d)in paragraphs 5 and 6, for “Member States” substitute “ The appropriate Minister ”.
(5) In Article 5—
(a)in paragraph 1, for “Member States” substitute “The appropriate Minister;
(b)in paragraph 2, for “Member States” substitute “ Each authority who in relation to a constituent part of the United Kingdom is the appropriate Minister ”;
(c)in paragraph 3, for “Member States” substitute “ The appropriate Minister ”;
(d)in paragraph 3(f)—
(i)omit “Member States and third”,
(ii)omit “EFSA”.
(6) In Article 6, for “Member States”, in both places it occurs, substitute “ The appropriate Minister ”.
(7) In Article 7(1), for “Member States” substitute “ The appropriate Minister ”.
(8) In Article 8, in paragraphs 1 and 2, for “Member States” substitute “ The appropriate Minister ”.
(9) In Article 9—
(a)in paragraph 1 (in the words before point (a)) and in paragraph 2, for “Member States” substitute “ the appropriate Minister ”;
(b)in paragraph 2, omit “their”.
(10) In Article 10—
(a)in paragraph 1, for “Member States” substitute “ The appropriate Minister ”,
(b)omit paragraph 2.
(11) Omit Article 11.
Textual Amendments
F76Words in reg. 19(2) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(a)(i)
F77Reg. 19(2): sub-para. (ii) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(a)(ii)
F78Words in reg. 19(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(a)(iii)
F79Words in reg. 19(3)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(b)
F80Words in reg. 19(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(b)
F81Reg. 19(4)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(c)(i)
F82Words in reg. 19(4)(a)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(c)(ii)
Commencement Information
I18Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
The EEA AgreementU.K.
20. In Annex 1 to the EEA Agreement, in Section 1 (Veterinary Issues), in Chapter 3.2 (Application texts)—
(a)omit paragraph 2 (Commission Decision 88/397/EEC);
(b)omit paragraph 47 (Commission Regulation (EC) No 415/2013).
Commencement Information
I19Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
PART 3 E+W+SAmendment to domestic secondary legislation in Great Britain
The Diseases of Swine Regulations 2014E+W+S
21.—(1) The Diseases of Swine Regulations 2014 M3 are amended as follows.
(2) In regulation 12(1), for “After consulting with the European Commission the” substitute “ The ”.
(3) In regulation 23(5), omit “if approval to do so is obtained from the European Commission”.
(4) In regulation 29—
(a)for paragraph (4) substitute—
“(4) If an emergency vaccination zone is declared, the appropriate authority must publish an emergency vaccination plan relating to the zone.”;
(b)omit paragraph (5);
(c)after paragraph (7) insert—
“(7A) The appropriate authority may use a marker vaccine during the vaccination period only in accordance with any requirements in the emergency vaccination plan.”.
(5) In regulation 34(9), for sub-paragraph (b) substitute—
“(b)be accompanied by such other persons as the inspector considers necessary.”.
(6) In Schedule 3—
(a)in paragraph 2, omit sub-paragraph (a),
(b)in paragraph 3(c)—
(i)after “following”, insert “ the approval by ”;
(ii)omit the words “obtaining approval” to the end.
Commencement Information
I20Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
Gardiner of Kimble
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Explanatory Note
(This note is not part of these Regulations)
These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g) arising from the withdrawal of the United Kingdom from the European Union.
Part 2 makes amendments to retained direct EU legislation relating to exotic disease. Part 3 makes amendments to the Diseases of Swine Regulations 2014 (S.I. 2014/1894).
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.