The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 No. 1229

Statutory Instruments

2019 No. 1229

Exiting The European Union

Animals

Environmental Protection

The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

Made

at 12.30 a.m. on 5th September 2019

Laid before Parliament

at 4.00 p.m. on 5th September 2019

Coming into force in accordance with regulation 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 Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

Marginal Citations

M1 2018 c. 16.

PART 1 U.K. Introduction

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F2 These regulations] come into force immediately before exit day.

Textual Amendments

F1 Reg. 1(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), 34(2)(a)

F2 Words in reg. 1(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), 34(2)(b)

Commencement Information

I1 Reg. 1 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3) (as amended by S.I. 2020/1388, regs. 1(2)(a), 34(2))

PART 2 U.K. Amendments to legislation concerning animal health

Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies U.K.

2.—(1) Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies is amended as follows.

(2) Annex 4, Chapter 5, Section E is amended in accordance with paragraphs (3) and (4).

(3) In point 2—

(a) in point (a)(ii), for “Union” substitute “ EU-derived domestic ”;

(b) in point (b)—

(i) in point (v)—

(aa) for “competent authority of the Member State”, in both places where it occurs, substitute “ appropriate authority of the relevant constituent nation ”;

(bb) in the second paragraph, for “this Member State” substitute “ the relevant constituent nation ”;

(ii) in point (viii)—

(aa) in the first indent, for “Union territory”, in both places where it occurs, substitute “ United Kingdom ”;

(bb) in the second indent, for the words from “introduced” to the end substitute “ or any replacement system in place in the United Kingdom, and the border inspection post of exit must be indicated in the relevant Box ”;

(cc) in the fourth and fifth indents, after “TRACES”, insert “ or any replacement system in operation in the United Kingdom ”.

(4) In point 5(d), for “Union territory” substitute “ United Kingdom ”.

(5) In Annex 9, in Chapter D, in Section B, in point 2, in the sentence after point (b), for “Union” substitute “ EU-derived domestic ”.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 U.K.

3.—(1) The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 M2 are amended as follows.

(2) In regulation 2—

(a) in paragraph (48)(e)(i)(aa), omit “in the words before point (a),”;

(b) in paragraph (51)—

(i) in sub-paragraph (a), for “4.2(b)” substitute “ 4.2 ”;

(ii) in sub-paragraph (b), for “4.3(c)” substitute “ 4.3 ”.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 3(3) 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), 34(3)

Commencement Information

I3 Reg. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M2 S.I. 2019/170, amended by the Animal Health, Invasive Alien Species, Plant Breeders' Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 S.I. 2019/1220.

Prospective

The Animal Health, Invasive Alien Species, Plant Breeders' Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 U.K.

F4 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 4 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), 34(3)

PART 3 U.K. Amendments to legislation concerning genetically modified organisms

The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 U.K.

5.—(1) The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 M3 are amended as follows.

(2) In regulation 9, in paragraphs (6)(b) and (7)(a), in each place where it occurs, for “countries” substitute “ constituent nations ”.

(3) In regulation 10(4)—

(a) after sub-paragraph (a) insert—

“(aa) in paragraph 2, for “notification” substitute “ consent ””;

(b) in sub-paragraph (b) omit “in paragraph 2,”.

Commencement Information

I4 Reg. 5 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M3 S.I. 2019/90, to which there are amendments not relevant to these Regulations.

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 in section 8(1) of 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 in section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 amends legislation concerning animal health required as a result of recent amendments made to EU legislation. It amends retained direct EU legislation and secondary legislation.

Part 3 amends the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90) to correct some minor inconsistencies of terminology.

An impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.