The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020

Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates

17.—(1) Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates(1) is amended as follows.

(2) For “IMSOC”, in each place where it occurs (including headings to Articles), substitute “the appropriate computerised information management system”.

(3) In Article 1(2)—

(a) in the words before point (a), for “sets out” substitute “makes provision for”;

(b) in points (a) and (b), for “the Union” substitute “Great Britain”.

(4) In Article 2, after point (37) insert—

“(38) ‘appropriate computerised information management system’ means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;

(39) ‘the appropriate authority’ means the appropriate authority as defined in Article 3(2A) of Regulation (EU) 2017/625;

(40) ‘entry into Great Britain’ means entry into Great Britain as defined in Article 3(40) of Regulation (EU) 2017/625;

(41) ‘third country’ means third country as defined in Article 3(2D) of Regulation (EU) 2017/625;

(42) ‘British fishing vessel’ means a fishing vessel registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 for which entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging.”.

(5) In Article 3, in the words before point (1)—

(a) for “Union legislation” substitute “the rules referred to in Article 1(2) of Regulation (EU) 2017/625”;

(b) for “the Union” substitute “Great Britain”.

(6) In Article 4—

(a) in paragraph 1—

(i) for “the Union” substitute “Great Britain”;

(ii) for “model official certificate laid down in Annex I” substitute—

“form of the model official certificate for the entry into Great Britain of animals, products of animal origin, composite products, germinal products and animal by-products published by the appropriate authority from time to time on its website. References in other legislation which, on or after IP completion day, forms part of retained EU law to the model official certificate set out in Annex 1 to this Regulation are to be read as references to the form of certificate referred to in the previous sentence.”;

(b) for paragraph 2 substitute—

“2.   The model official certificates submitted in the appropriate computerised information management system referred to in paragraph 1 must include all of the specific health guarantees and information required by legislation for the entry into Great Britain of the animals, products of animal origin, composite products, germinal products and animal by-products originating from third countries or regions thereof to which the certificates relate.”.

(7) For Article 6 substitute—

“Article 6 Guidance on the completion of model official certificates

The appropriate authority may from time to time publish on its website guidance on the completion of the model official certificates referred to in Articles 12, 13 and 15 to 27.”.

(8) In Article 7—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) in the unnumbered paragraph—

(i) for the words from “‘BOV’” to “shall” substitute “to”;

(ii) after “ungulates” insert “are the appropriate veterinary certificates in the form published by the appropriate authority from time to time for the commodity concerned in accordance with Article 14(b) of Regulation (EU) No 206/2010(2)”.

(9) In Article 8—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) in the unnumbered paragraph—

(i) for the words from “‘POU’” to “shall” substitute “to”;

(ii) after “egg products” insert “are the appropriate veterinary certificates in the form published by the appropriate authority from time to time for the commodity concerned in accordance with Article 4(1) of Regulation (EU) No 798/2008(3)”.

(10) In Article 9—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) in the unnumbered paragraph—

(i) for the words from “‘WL’” to “shall” substitute “to”;

(ii) after “farmed rabbits” insert “are the appropriate model certificates in the form published by the appropriate authority from time to time for the commodity concerned in accordance with Article 4(1) of Regulation (EU) No 119/2009(4)”.

(11) In Article 10—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) in the unnumbered paragraph—

(i) for the words from “set out” to “shall” substitute “to”;

(ii) after “meat preparations” insert “is the certificate in the form published by the appropriate authority from time to time in accordance with Article 4(2) of Decision 2000/572/EC(5)”.

(12) In Article 11—

(a) for “the Union”, in each place where it occurs (including in the heading), substitute “Great Britain”;

(b) in the unnumbered paragraph—

(i) in the first sentence—

(aa) for the words from “set out” to “shall” substitute “to”;

(bb) after “intestines” insert “is the model animal and public health certificate in the form published by the appropriate authority from time to time in accordance with Article 4(b) of Decision 2007/777/EC(6)”;

(ii) in the second sentence, for the words from “set out” to the end substitute “to be used is the health certificate in the form published by the appropriate authority from time to time in accordance with Article 1 of Decision 2003/779/EC(7)”.

(13) In Article 12—

(a) for “the Union”, in each place where it occurs (including in the heading), substitute “Great Britain”;

(b) in the unnumbered paragraph—

(i) in the first sentence—

(aa) for the words from “set out” to “shall” substitute “to”;

(bb) after “marine gastropods” insert “must be in the form published by the appropriate authority from time to time on its website”;

(ii) in the second sentence, for the words from “set out” to “Regulation” substitute “published by the appropriate authority from time to time on its website for this purpose”.

(14) In Article 13—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) in paragraph 1—

(i) for the words from “set out” to “shall” substitute “to”;

(ii) after “fishery products” insert “must be in the form published by the appropriate authority from time to time on its website”;

(c) in paragraph 2—

(i) for “vessels flying the flag of a Member State” substitute “a British fishing vessel”;

(ii) for the words from “set out” to “shall” substitute “to”;

(iii) after “used” insert “must be in the form published by the appropriate authority from time to time on its website”;

(d) in paragraph 3—

(i) for the words from “, set out” to “shall be” substitute “and”;

(ii) after “Delegated Regulation (EU) 2019/625” insert “must be in the form published by the appropriate authority from time to time on its website”.

(15) In Article 14—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) in the unnumbered paragraph—

(i) for the words from “‘Milk-RM’” to “shall” substitute “to”;

(ii) after “colostrum-based products” insert “are the appropriate health certificates in the form published by the appropriate authority from time to time for the commodity concerned in accordance with Article 5 of Regulation (EU) No 605/2010(8)”.

(16) In Articles 15 to 25—

(a) for “the Union”, in each place where it occurs (including in the headings), substitute “Great Britain”;

(b) for the words from “set out” to “shall” substitute “to”;

(c) after “consumption” insert “must be in the form published by the appropriate authority from time to time on its website”.

(17) In Article 26—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) for the words from “set out” to “shall” substitute “to”;

(c) after “Articles 7 to 25 of this Regulation” insert “must be in the form published by the appropriate authority from time to time on its website”.

(18) In Article 27—

(a) for “the Union”, in both places where it occurs (including in the heading), substitute “Great Britain”;

(b) for the words from “set out” to “shall” substitute “to”;

(c) after “production of sprouts” insert “must be in the form published by the appropriate authority from time to time on its website”.

(19) In Article 28—

(a) for the words from “set out” to “shall” substitute “to”;

(b) after “Delegated Regulation (EU) 2019/624” insert—

“must be in the form published by the appropriate authority from time to time on its website, and references in other legislation which, on or after IP completion day, forms part of retained EU law to the model official certificate set out in Annex 4 to this Regulation are to be read as references to the form of certificate published by the appropriate authority from time to time for this purpose on its website”.

(20) In Article 29—

(a) for the words from “set out” to “shall” substitute “to”;

(b) after “Delegated Regulation (EU) 2019/624” insert—

“must be in the form published by the appropriate authority from time to time on its website, and references in other legislation which, on or after IP completion day, forms part of retained EU law to the model official certificate set out in Annex 5 to this Regulation are to be read as references to the form of certificate published by the appropriate authority from time to time for this purpose on its website”.

(21) Omit Article 33.

(22) Before Article 34 insert—

“Article 33A Interpretation

References in other legislation which, on or after IP completion day, forms part of retained EU law to any model official certificate set out in Annex 3 to this Regulation are to be read as references to the form of certificate published by the appropriate authority from time to time on its website in relation to the animals, goods or products concerned.”.

(23) After Article 34, omit the words from “This Regulation” to “Member States.”.

(24) Omit Annexes 1 to 5.

(1)

EUR 2019/628.

(2)

EUR 2010/206, as amended prospectively from IP completion day by S.I. 2020/1462.

(3)

EUR 2008/798, as amended prospectively from IP completion day by S.I. 2020/1462.

(4)

EUR 2009/119, as amended prospectively from IP completion day by S.I. 2020/1462.

(5)

EUDN 2000/572, as amended prospectively from IP completion day by S.I. 2020/1462.

(6)

EUDN 2007/777, as amended prospectively from IP completion day by S.I. 2020/1462.

(7)

EUDN 2003/779, as amended prospectively from IP completion day by S.I. 2020/1462.

(8)

EUR 2010/605, as amended prospectively from IP completion day by S.I. 2020/1462.