The Animals (Legislative Functions) (EU Exit) Regulations 2019

Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products

3.—(1) Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products is amended as follows.

(2) In Article 2, after the definition of “competent authority” insert—

• “for the meaning of ‘the appropriate Minister’ see Article 2a.”.

(3) After Article 2, insert—

“Article 2a Definition of the appropriate Minister

1.   Subject to paragraph 2, for the purposes of making regulations ‘the appropriate Minister’ means—

(a) for regulations applying in relation to England, the Secretary of State;

(b) for regulations applying in relation to Wales, the Welsh Ministers;

(c) for regulations applying in relation to Scotland, the Scottish Ministers;

(d) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

2.   For the purposes of making regulations, ‘the appropriate Minister’ is the Secretary of State if consent is given by—

(a) for regulations applying in relation to Wales, the Welsh Ministers;

(b) for regulations applying in relation to Scotland, the Scottish Ministers;

(c) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(4) In Article 4—

(a) in paragraph 1—

(i) for the third subparagraph substitute—

“The appropriate Minister may make regulations concerning the addition of means of identification to the list in Annex I.”;

(ii) in the fifth subparagraph, for “delegated and implementing acts” substitute “regulations”;

(b) in paragraph 2, for point (a) substitute—

“(a) the animal was born before the date of entry into force of Commission Implementing Regulation (EU) 2017/949;”;

(c) in paragraph 3—

(i) in the first subparagraph, for the words from “Commission” to “22b” substitute “appropriate Minister may make regulations”;

(ii) in the second subparagraph, for the words from “Commission” to “rules” substitute “appropriate Minister may make regulations”;

(iii) omit the third subparagraph.

(d) in paragraph 5—

(i) for the third subparagraph substitute—

“The appropriate Minister may make regulations concerning such registration.”;

(ii) for the fourth subparagraph substitute—

“In order to ensure traceability based on the identification standards equivalent to those provided for in paragraph 1, the appropriate Minister may make regulations concerning the requirements for the alternative means of identification referred to in the first subparagraph.”;

(iii) for the fifth subparagraph substitute—

“The appropriate Minister may make regulations concerning the format and design of the alternative means of identification, referred to in the first subparagraph.”.

(5) In paragraph 2 of Article 4a—

(a) for the words from “Commission shall” to “Member States may” substitute “appropriate Minister may make regulations to”;

(b) omit the final sentence.

(6) In Article 4c, in the first paragraph, in the second subparagraph, in point (b), for the words from “the implementing acts” to the end substitute “Commission Implementing Regulation (EU) 2017/949”.

(7) In Article 7—

(a) omit the second subparagraph of paragraph 1;

(b) omit paragraph 2;

(c) in paragraph 6—

(i) for the words from “Commission” to “22b” substitute “appropriate Minister may make regulations”;

(ii) omit “, including transitional measures required for their introduction”.

(8) In Article 9a, in the first paragraph, for the words from “adopted” to the end substitute “that were adopted by the Commission pursuant to this Regulation prior to exit day.”.

(9) After Article 9a insert—

“Article 9b Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Title are to be made by statutory instrument.

2.   For regulations made under this Title by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010(1).

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Title is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(2).

4.   A statutory instrument containing regulations made by the Secretary of State under this Title is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Title is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Title are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Title are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(3) as if they were a statutory instrument within the meaning of that Act.

8.   Regulations made under this Title may—

(a) contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b) make different provision for different purposes.

9.   Before making any regulations under this Title the appropriate Minister must consult—

(a) such bodies or persons as appear to the appropriate Minister to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the appropriate Minister may consider appropriate.”.

(1)

2010 asp 10.

(2)

S.I. 1979/1573 (N.I. 12). Articles 2(4)(v) and (vi) were inserted by S.I. 2018/1242.

(3)

1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.