The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019

Regulation (EC) No 2160/2003

3.—(1) Regulation (EC) No 2160/2003 on the control of salmonella and other specified food-borne zoonotic agents is amended as follows.

(2) In Article 1—

(a) in paragraph 2—

(i) in point (b), for “Member States” substitute “competent authorities”;

(ii) in point (d), for “intra-Community trade” substitute “exports to member States”;

(b) omit paragraph 4;

(c) in paragraph 5, for “Community” substitute “retained EU law”.

(3) In Article 2—

(a) in paragraph 1, after “Regulation (EC) No 178/2002”, insert “other than the definitions of ‘appropriate authority’ and ‘third country’”;

(b) in paragraph 3—

(i) in point (a), omit “and”;

(ii) after point (b), insert—

“(c) ‘the appropriate authority’ has the meaning given by Article 2A;

(d) ‘constituent territory’, in relation to the United Kingdom, means England, Wales, Scotland or Northern Ireland;

(e) ‘third country’ means a country other than the United Kingdom or a member State.”.

(4) After Article 2 insert—

“Article 2A Definition of appropriate authority

1.   Subject to paragraph 2, ‘the appropriate authority’ means—

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

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

(c) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(d) in relation to Wales, the Welsh Ministers.

2.   But the appropriate authority is the Secretary of State if consent is given by—

(a) in relation to Scotland, the Scottish Ministers;

(b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c) in relation to Wales, in respect of the power to make regulations under Articles 4, 5, 8 11 and 12, the Welsh Ministers.”.

(5) In Article 3—

(a) in paragraph 1—

(i) for “Each Member State shall” substitute “The appropriate authority must”;

(ii) omit the words from “and notify” to the end;

(b) in paragraph 2(b)—

(i) omit “national”;

(ii) omit the words from “and for” to the end;

(c) after paragraph 2 insert;

“3.   The competent authorities must cooperate with the competent authorities in other constituent territories so as to secure the proper implementation of the requirements of this Regulation.”.

(6) In the heading to Chapter 2, omit “COMMUNITY”.

(7) In Article 4—

(a) in the heading, omit “Community”;

(b) for paragraph 1 substitute—

“1.   The appropriate authority may, by regulations, set, modify or omit a target for the reduction of the prevalence of the zoonoses and zoonotic agents listed in Annex 1, column 1, in the animal populations listed in Annex 1, column 2(1).”;

(c) omit paragraph 3;

(d) for paragraph 4 substitute—

“4.   Before making regulations under paragraph 1, the appropriate authority must—

(a) publish an analysis of the expected costs and benefits of any new target, taking into account the criteria laid down in paragraph 6(c);

(b) take into account data collected in accordance with Article 3(2)(b).

4A.   The competent authority must, if requested to do so by the appropriate authority, assist in the preparation of the analysis referred to in paragraph 4(a).”;

(e) omit paragraph 5;

(f) in paragraph 6—

(i) omit point (a);

(ii) in point (b), in the words before point (i)—

(aa) for the words from “Amendments” to “scope of” substitute “The appropriate authority may, by regulations, amend Annex 1 to alter”;

(bb) omit “Community”;

(iii) in point (c), for the words from “The criteria” to “include”, substitute “Before making regulations under point (b), the appropriate authority must take into account”;

(g) for paragraph 7 substitute—

“7.   The appropriate authority may, by regulations, amend Annex 3.”;

(h) omit paragraphs 8 and 9.

(8) In Article 5—

(a) in the heading omit “National”;

(b) in paragraph 1—

(i) for the first sentence substitute—

“To achieve a target set in accordance with Article 4, the competent authority must establish a control programme.”;

(ii) in the second sentence—

(aa) omit “National”;

(bb) for “each Member State” substitute “the constituent territory”;

(c) in paragraphs 2, 3 and 4, omit “National”;

(d) in paragraph 5—

(i) omit “National”, in the first place it occurs;

(ii) for “national”, in the second place it occurs, substitute “constituent”;

(e) for paragraph 6, substitute—

“6.   The appropriate authority may, by regulations, amend the requirements and minimum sampling rules laid down in Annex 2.

6A.   Before making regulations under paragraph 6, the appropriate authority must take into account the criteria listed in Article 4(6)(c).”;

(f) in paragraph 7—

(i) for the first subparagraph substitute—

“Within six months of the establishment of a target under Article 4, the competent authority must submit its control programme to the appropriate authority and set out the measures to be implemented.”;

(ii) omit the second and third subparagraphs.

(9) For Article 6 substitute—

“Article 6 Approval of control programmes

1.   After the competent authority submits a control programme in accordance with Article 5, the appropriate authority must establish whether it complies with this Regulation.

2.   After establishing the conformity of a control programme, the appropriate authority must approve the programme.

3.   Amendments to a previously approved programme may be approved to take account of the evolution of the situation in the constituent territory, in particular in the light of the results referred to in Article 5(3)(d).”.

(10) In Article 7—

(a) in paragraph 1, after “establish” insert “operator”;

(b) in paragraph 2—

(i) in the first sentence—

(aa) after “their”, in both places it occurs, insert “operator”;

(bb) omit “national”;

(cc) for “Member State”, substitute “constituent territory”;

(ii) in the second sentence—

(aa) for “different Member States”, substitute “more than one constituent territory”;

(bb) for “each Member State” substitute “each territory”;

(c) in paragraph 3—

(i) after “approve” insert “operator”;

(ii) after “satisfied that the” insert “operator”;

(iii) for “national control programme” substitute “control programme established under Article 5”;

(d) in paragraph 4—

(i) in the first sentence—

(aa) for “Member States shall” substitute “The competent authority must”;

(bb) after “approved” insert “operator”;

(ii) in the second sentence, for “the Commission” substitute “the appropriate authority”;

(e) in paragraph 5, after “their” in the second place it occurs, insert “operator”.

(11) In Article 8—

(a) for paragraph 1 substitute—

“1.   The appropriate authority may, by regulations—

(a) require or permit specific control methods for the reduction of prevalence of zoonoses and zoonotic agents to be applied at the stage of the primary production of animals and other stages in the food chain;

(b) prescribe certain specific control methods that may not be used as part of control programmes.

1A.   Regulations under paragraph 1(a) may, in respect of those specific control methods—

(a) set conditions for their use;

(b) specify documents, procedures and minimum requirements.”;

(b) in paragraph 2—

(i) for “paragraph 1(a), (b) and (c) shall” substitute “paragraphs 1(a) and 1A do”;

(ii) for “Community legislation” substitute “retained EU law”.

(12) In Article 9—

(a) for the heading substitute “Trade between the United Kingdom and member States”;

(b) before paragraph 1 insert—

“A1.   Paragraph 1 applies where—

(a) the food business of origin is located in a member State and the live animals or hatching eggs are to be exported to the United Kingdom; or

(b) the food business of origin is located in the United Kingdom and the live animals or hatching eggs are to be exported to a member State.”;

(c) in paragraph 1—

(i) omit the words from “As from” to “at the latest,”;

(ii) after “column 2”, insert “of Annex 1”;

(iii) for the words from “shall be included” to the end, substitute “must be included in any health certificate which accompanies the live animals or hatching eggs”;

(d) omit paragraph 2;

(e) in paragraph 3, omit the words from “as if” to the end;

(f) omit paragraph 4.

(13) In Article 10—

(a) in paragraph 1—

(i) in the first sentence—

(aa) omit “As from the dates mentioned in Annex I, column 5,”;

(bb) for “Community legislation” substitute “retained EU law”;

(cc) for “Member States are authorised to import those” substitute “importation of”;

(dd) after “Regulation”, insert “is authorised”;

(ee) for “Commission” substitute “Secretary of State”;

(ii) omit the fourth sentence;

(b) for paragraph 2 substitute—

“2.   The Secretary of State may, by regulations, amend the list of third countries provided for in retained EU law referred to in paragraph 1.

2A.   Before making regulations under paragraph 2 to add to the list, the Secretary of State must be satisfied that the programme which has been submitted meets the requirements set out in paragraph 1.”;

(c) omit paragraph 3;

(d) in paragraph 4—

(i) in the second sentence, omit the words from “, or, if necessary” to “Article 14(2)”;

(ii) for the third sentence substitute—

“The date and result of testing must be included in any import certificates which are required for the importation into the United Kingdom of live animals or hatching eggs.”;

(e) after paragraph 4 insert—

“4A.   The Secretary of State may by regulations specify additional zoonoses or zoonotic agents which, for the purposes of paragraph 4, are to be treated as if they are listed in Annex 1, column 1.

4B.   The Secretary of State may not make regulations under paragraph 4A unless satisfied it is necessary to do so in order to achieve the objective of equivalent guarantees laid down in paragraph 1.”;

(f) omit paragraph 5;

(g) in paragraph 6—

(i) for “Community legislation” substitute “retained EU law”;

(ii) for “Member States are authorised to import” substitute “importation of”;

(iii) after “Regulation”, in the first place it occurs, insert “is authorised”;

(iv) for “Commission” substitute “Secretary of State”.

(14) In Article 11—

(a) omit paragraphs 1 and 2;

(b) in paragraph 3—

(i) in the first sentence—

(aa) for “Member States shall” substitute “The appropriate authority may”;

(bb) omit “national”;

(ii) omit the second sentence;

(iii) for paragraph 4, substitute—

“4.   The appropriate authority may, by regulations, make provision regarding—

(a) the responsibilities and tasks of reference laboratories;

(b) coordination between reference laboratories and laboratories designated under Article 12(1)(a).”.

(15) In Article 12—

(a) in paragraph 1(b)—

(i) for “EN/ISO” substitute “ISO”;

(ii) omit “within 24 months of entry into force of this Regulation or”;

(b) in paragraph 2, omit “national”;

(c) in paragraph 3—

(i) at the beginning insert “Subject to paragraph 4,”;

(ii) omit the third subparagraph;

(d) after paragraph 3 insert—

“4.   Where in the opinion of the appropriate authority it is necessary to do so, the appropriate authority may, by regulations, approve other methods for testing.”.

(16) Omit Chapter 7.

(17) Omit Article 17.

(18) In Chapter 8, before Article 18, insert—

“Article 17A Regulations: devolved legislative functions

1.   This Article applies to regulations made under Article 4, 5, 8, 11 or 12.

2.   Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

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

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

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

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

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

8.   Regulations made by the Department of Agriculture, Environment and Rural Affairs are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(4) as if they were a statutory instrument within the meaning of that Act.

9.   Such regulations 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.

Article 17B Regulations: consent required

1.   This Article applies to regulations made under Article 10.

2.   The Secretary of State may only make regulations in relation to the whole of the United Kingdom.

3.   The Secretary of State may not make regulations without the consent of—

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

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

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

4.   Where any of the parties mentioned in paragraph 3(a) to (c) requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request.

5.   Regulations made by the Secretary of State are to be made by statutory instrument.

6.   A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

7.   Such regulations 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.”.

(19) After Article 18, omit the words from “This Regulation” to “Member States”.

(20) In Annex 1—

(a) in the heading to the table—

(i) omit “Community”;

(ii) for “are to”, substitute “may”;

(b) in the table—

(i) omit columns 4 (date by which target must be established) and 5 (date from which testing must take place);

(ii) omit the table note.

(21) Annex 2 is amended in accordance with paragraphs (22) to (27).

(22) In the heading to part A, omit “national”.

(23) In part A—

(a) in the words before point (a), for “Member State” substitute “constituent territory”;

(b) in point 1.1, for the words from “Member State” to the end, substitute “constituent territory”;

(c) in point 1.9, for “national legislation, including any national provisions” substitute “legislation”;

(d) in point 1.10, omit “national”.

(24) In part B, in point 2, for “Community legislation” substitute “retained EU law”.

(25) In part C—

(a) in point 1, for “Commission Regulations (EC) No 1003/2005 and (EC) No 584/2008” substitute “Commission Regulations (EC) No 200/2010 and (EC) No 1190/2012”;

(b) in point 3, for “Community legislation” substitute “retained EU law”;

(c) in point 4—

(i) for “Community legislation”, in both places it occurs, substitute “retained EU law”;

(ii) omit “, once applicable,”;

(iii) for the words from “Regulation (EC) No 1774/2002 laying” to the end, substitute “Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption.”;

(d) in point 5, for “1774/2002” substitute “1069/2009”.

(26) In part D—

(a) in point 1, omit “national”;

(b) in point 2—

(i) in the first paragraph, for “Community legislation” substitute “retained EU law”;

(ii) in the second paragraph—

(aa) in point (a), for the words from “Commission Regulation (EC) No 557/2007” to the end substitute “Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs;”;

(bb) in point (b), for “557/2007” substitute “589/2008”;

(c) in point 3—

(i) for “Community legislation”, in both places it occurs, substitute “retained EU law”;

(ii) omit “, once applicable,”;

(iii) for “1774/2002” substitute “1069/2009”;

(d) in point 4, in the first paragraph—

(i) in point (a), omit the words from “as a result” to the end;

(ii) in point (b)—

(aa) in the words before point (i), omit “national”;

(bb) in point (i), for the words from “referred” to “samples)”, substitute “that were presented at the meeting of the Standing Committee on the Food Chain and Animal Health on 15 July 2004(5)”.

(27) In part E—

(a) in point 1, omit “From 1 December 2011,”;

(b) omit point 2;

(c) in point 3, for “Community legislation” substitute “retained EU law”.

(28) In Annex 3—

(a) in the words before point 1, for “Community targets will” substitute “targets”;

(b) in point 1, for “through EC” substitute “by the appropriate authority’s”.

(1)

Targets are established by Commission Regulation (EU) No 200/2010 (as regards the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus), Commission Regulation (EU) No 517/2011 (as regards the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus), Commission Regulation (EU) No 200/2012 (concerning the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers) and Commission Regulation (EU) No 1190/2012 (concerning the reduction of Salmonella Enteritidis and Salmonella Typhimurium in flocks of turkeys).

(2)

2010 asp 10.

(3)

S.I. 1979/1573 (N.I. 12).

(4)

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

(5)

Technical specifications available at: randd.defra.gov.uk/Document.aspx?Document=OZ0321_7853_FRA.pdf.