The Trade in Animals and Related Products (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197.

Regulation 12(4) of the 2011 Regulations is amended to make it clear that official fish inspectors are responsible for decisions relating to composite products containing processed fishery products.

Regulations 20(7) and 23(6) of the 2011 Regulations relate to cases where non-compliant products and animals are required to be treated, re-dispatched or destroyed. These provisions make the importer or the importer’s representative liable for the costs incurred for any enforcement measures taken following failure of checks or seizure of goods and animals imported from countries outside the European Union. The amendments to these provisions ensure that the importer or importer’s representative is not entitled to any payment following their destruction.

Regulation 20(8) (right to make written representations) is omitted, in view of the last paragraph of Article 66(3) of the Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (OJ No. L 95, 7.4.2017, p.1). By virtue of Article 66(3), the importer or the importer’s representative is entitled to be heard regarding any requirement proposed to be imposed in relation to a non-compliant consignment.

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