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The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements

This section has no associated Explanatory Memorandum

32.—(1) Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements, is amended as follows.

(2) In Article 1—

(a)in paragraph 1, in the words before point (a), for “Union”, substitute “United Kingdom”;

(b)in paragraph 2, for “Union”, substitute “United Kingdom”;

(c)in paragraph 4, for “Union acts or in agreements concluded by the Union”, substitute “retained EU law or in agreements concluded by the United Kingdom”.

(3) In Article 2—

(a)in point (c), for “90/426/EEC”, substitute “2009/156/EC”;

(b)after point (d), insert—

(e)‘the appropriate authority’ means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales), the Scottish Ministers (in relation to Scotland) and the Department of Agriculture, Environment and Rural Affairs (in relation to Northern Ireland); but ‘the appropriate authority’ is the Secretary of State if consent is given by:

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

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

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

(f)‘third country’ means any country other than an member State or the British Islands..

(4) In the heading of Chapter 2, for “Union”, substitute “United Kingdom”.

(5) In Article 3—

(a)in the heading, for “Union”, substitute “United Kingdom”;

(b)in the words before point (a)—

(i)after “introduced”, insert “from third countries”,

(ii)for “Union”, substitute “United Kingdom”;

(c)in point (b), for “set out in Part 2 of Annex I, taking into account the specific conditions indicated in column 6 of the table in Part 1 of that Annex,”, substitute “as published by the appropriate authority from time to time”;

(d)in point (c)(ii), for “Member State of destination may impose in accordance with Union veterinary legislation and which are included in the certificate”, substitute “appropriate authority may include in the certificate”.

(6) In Article 3a—

(a)in paragraph 1—

(i)in the words before point (a), for “the competent authority of a Member State may authorise the introduction into its territory”, substitute “the appropriate authority may authorise the introduction into the United Kingdom”,

(ii)in point (a)—

(aa)omit “of the Member State of destination”,

(bb)for “Union”, substitute “United Kingdom”,

(iii)in point (b)(ii), for “Decision 2004/211/EC”, substitute “Regulation (EU) 2018/659”,

(iv)in point (e), for “Member State of destination”, substitute “United Kingdom”,

(v)in point (f), omit from “, drawn up” to the end,

(vi)in paragraph (g), omit “model of”,

(vii)for the subparagraph after point (g), substitute—

The appropriate authorities of each part of the United Kingdom must inform each other of the authorisation granted under this paragraph prior to the introduction of ungulates into their respective territories.;

(b)in paragraph 2, in the first subparagraph—

(i)in the words before point (a), omit “of the Member States of destination”,

(ii)in point (a)—

(aa)for “Member State of destination”, substitute “appropriate authority”,

(bb)omit the words “into its territory” and “for the Union”,

(iii)in point (b), for “model of”, substitute “relevant”,

(c)in the second subparagraph, for “Union” in each place, substitute “United Kingdom”,

(d)for the third subparagraph, substitute—

The appropriate authority of the part of the United Kingdom authorising the introduction of ungulates pursuant to paragraph 1 shall inform the appropriate authorities of the other parts of the United Kingdom of such authorisation, prior to the introduction of ungulates into its territory..

(7) In Article 3b—

(a)in the heading, for “Member State other than the Member State of destination”, substitute “one part of the United Kingdom to another part”;

(b)in the first subparagraph—

(i)for “a Member State other than the Member State of destination”, substitute “one part of the United Kingdom to another part”,

(ii)before “competent authority” in each place, insert “relevant”,

(iii)for “Member State of transit”, substitute “country of transit”,

(iv)omit from “in view of” to the end;

(c)for the second subparagraph, substitute—

The appropriate authority of the part of the United Kingdom authorising the introduction of ungulates into its territory pursuant to Article 3a shall inform the appropriate authorities of the other parts of the United Kingdom of such authorisation prior to the transit..

(8) In Article 3c—

(a)for paragraph 1, substitute—

1.  Following an assessment of compliance with the conditions laid down in paragraph 2, the appropriate authority may establish a list of bodies, institutes and centres from which the introduction of ungulates into its territory may be authorised pursuant to paragraph 1 of Article 3a.;;

(b)for paragraph 3, substitute—

3.  The appropriate authority may include in the list referred to in paragraph 1, bodies, institutes or centres in any country outside the United Kingdom which is already included in such a list established by the appropriate authority in another part of the United Kingdom, without having assessed compliance with the conditions laid down in paragraph 2.;;

(c)in paragraph 4, for “Member States”, substitute “The appropriate authority”;

(d)for paragraph 5, substitute—

5.  The appropriate authority must make available to the public, by means of internet-based information pages, the lists referred to in paragraph 1, and must keep those internet-based information pages up to date.;;

(e)omit paragraph 6.

(9) In Article 4, in paragraphs 1 and 2, for “Union” in each place, substitute “United Kingdom”.

(10) In Article 5, for “Union”, substitute “United Kingdom”.

(11) In Article 6, in the heading and in the text, in the words before point (a), for “Union” in each place, substitute “United Kingdom”.

(12) In Article 7—

(a)in the heading, for “Union” substitute “United Kingdom”;

(b)paragraph 1—

(i)in the words before point (a), for Union”, substitute “United Kingdom”;

(ii)at the beginning of point (a), insert “that are”;

(c)in paragraph 2—

(i)in the first subparagraph, in the words before point (a), for “Union”, substitute, “United Kingdom”,

(ii)in the second subparagraph, for “Union”, substitute “United Kingdom”;

(d)in paragraph 4, in point (a), for “, drawn up in accordance with the relevant model veterinary certificate set out in Part 2 of Annex IV,”, substitute “as published by the appropriate authority from time to time”.

(13) In Article 8—

(a)in the heading, for “Union”, substitute “United Kingdom”;

(b)in the text—

(i)in the words before point (a), for “Union”, substitute “United Kingdom”,

(ii)in point (a)(i) and point (b), for “Union”, substitute “United Kingdom”.

(14) In Article 9—

(a)in the heading, for “Union”, substitute “United Kingdom”;

(b)in the first subparagraph—

(i)for “into the Union”, substitute “from third countries into the United Kingdom”,

(ii)omit “of introduction into the Union”;

(c)in the final subparagraph, for “Part 3 of Annex I”, substitute “a declaration as published by the appropriate authority from time to time”.

(15) In Article 10—

(a)in the heading, for “Union”, substitute “United Kingdom”;

(b)in the third subparagraph, for “Part 4 of Annex I”, substitute “a declaration as published by the appropriate authority from time to time”.

(16) In Article 11, in the heading and in paragraphs 1 and 2, for “Union”, substitute “United Kingdom”.

(17) Omit Article 12.

(18) Omit Article 12a.

(19) In Article 13, in the heading and in paragraph 3, for “Union” in each place, substitute “United Kingdom”.

(20) In Article 13a—

(a)in paragraph 1, for “Union”, substitute “United Kingdom”;

(b)in paragraph 2, omit “of the Member State of destination”;

(c)in paragraph 3, in point (a), for “Union”, substitute “United Kingdom”.

(21) In the heading to Chapter 3, for “UNION”, substitute “UNITED KINGDOM”.

(22) In Article 14—

(a)in the words before point (a), for “Union”, substitute “United Kingdom”;

(b)in point (a), for the words “model veterinary certificate”, substitute “veterinary certificate as published by the appropriate authority from time to time”;

(c)in point (b), for the words “Union” to “Annex II”, substitute “United Kingdom accompanied by the appropriate veterinary certificate as published by the appropriate authority from time to time”;

(d)in point (c)(ii), for “Member State of destination may impose in accordance with Union veterinary legislation and which are included in the certificate”, substitute “appropriate authority may include in the certificate”.

(23) In Article 16—

(a)in the words before point (a), for “Union” in each place, substitute “United Kingdom”;

(b)in point (a), for “a model veterinary certificate corresponding to the consignment concerned listed in column 4 of the table in Part 1 of Annex II”, substitute “the appropriate veterinary certificate”;

(c)in point (b), for “the model veterinary certificate set out in Part 2 of Annex II”, substitute “the appropriate veterinary certificate”;

(d)in point (d), omit “of introduction into the Union”.

(24) Omit Articles 17 and 17a.

(25) In Article 18—

(a)in the first sentence, for “set out in Annex V”, substitute “as published by the appropriate authority from time to time”;

(b)in the second sentence, omit “agreed” and “, harmonised at Union level”.

(26) Omit Article 19.

(27) In Article 21, omit “and directly applicable in all Member States”.

(28) In Annex 1—

(a)in Part 1—

(i)in the notes to the list of third countries, territories or parts thereof, for the reference to “the Union”, substitute “the United Kingdom”;

(ii)in the specific conditions—

(aa)for “Union” substitute “United Kingdom” in each place,

(bb)omit points 1 and 10;

(b)omit Parts 2, 3 and 4;

(c)in Part 5—

(i)in points 7, 8 and 9, for “Union” in each place, substitute “United Kingdom”,

(ii)in point 10, for “Commission and the competent central authorities of the Member States”, substitute “appropriate authority”;

(d)in Part 7—

(i)in the heading and in paragraph 1 of Chapter 1, for “Union” in each place, substitute “United Kingdom”,

(ii)in Chapter 2, for “Union” in each place, substitute “United Kingdom”.

(29) In Annex 2—

(a)in Part 1, in the notes to the table, for “Union” in each place, substitute “United Kingdom”;

(b)omit Part 2.

(30) Omit Annex 3.

(31) Omit Part 2 of Annex 4.

(32) Omit Annex 5.

(33) In Annex 6—

(a)in Part 1, in tables 1, 2 and 3, in the wording immediately below the respective table numbers, for “model veterinary certificate” substitute “model veterinary certificate as published by the appropriate authority”;

(b)omit Part 2;

(c)in Part 3—

(i)in point (e), for “set out in Part 2 of Annex VI to this Regulation”, substitute “as published by the appropriate authority from time to time”,

(ii)in point (h)—

(aa)in the words before subparagraph (i) and in subparagraph (ii), for “competent authority”, substitute “relevant appropriate authority”,

(bb)in point (h)(ii), for set out in Part 2 of Annex VI to this Regulation”, substitute “as published by the appropriate authority from time to time”,

(cc)in point (h)(iv), for “Union”, substitute “United Kingdom”;

(d)in Part 4—

(i)for “competent authority” in each place, substitute “relevant appropriate authority”,

(ii)in paragraph 4—

(aa)in the first indent of point (iv), for “Union”, substitute “United Kingdom”,

(bb)in the second indent point (v), for “laid down in Par 2 of Annex VI to this Regulation”, substitute “as published by the appropriate authority from time to time”,

(iii)in paragraph 9, for “Member States”, substitute “appropriate authority”.

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