The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d), (f) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Amendment of the Plant Health Regulation

Part 2 of the Regulations amends Regulation (EU) No 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants (EUR 2016/2031) (“the Plant Health Regulation”).

A new Article 105A is inserted into the Plant Health Regulation to enable the appropriate authority to make regulations putting in place penalties for non-compliance with the Regulation or provision made under it. This provision corrects an error made in regulation 33 of the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482).

Amendment of the Official Controls Regulation

Part 3 of the Regulations amends Regulation (EU) No 2017/625 of the European Parliament and of the Council 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 (EUR 2017/625) (the “Official Controls Regulation”) to correct errors previously made in regulations made under the 2018 Act and also to address deficiencies not previously addressed.

In particular:

(a) Articles 3 and 4 are amended to ensure the effective identification, and operation of the provisions on the designation of, competent authorities for the purposes of the Official Controls Regulation (this corrects errors made in regulations 3 and 4 of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481);

(b) Article 139 is amended to ensure that the appropriate authority can, by regulations, put in place penalties for non-compliance with the Regulation or provision made under it;

(c) Article 150 is amended so that certain provisions of Directive 96/23/EC, rather than provisions of the Official Controls Regulation, continue to apply in Great Britain. The periods for which the provisions of Directive 96/23/EC continue to apply can be ended by the appropriate authority by regulations;

(d) Annex 6 is amended to enable the appropriate authority to make amendments to that Annex without changing the duration of the transitional staging period, and to bring goods known as High Risk Foods of Non-Animal Origin within the scope of the arrangements made in that Annex.

Amendment of other retained EU legislation

Part 4 of the Regulations amends other retained EU legislation to correct errors in regulations previously made under the 2018 Act and to address a number of deficiencies not previously addressed.

This Part corrects errors made in regulation 3(5)(c) and (14) of the Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), regulation 2(53) of the Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170) and regulation 20 of the Animals, Aquatic Animal Health, Invasive Alien Spices, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388).

Amendment of the Plant Varieties and Seeds Act 1964

Part 5 of the Regulations amends section 29 of the Plant Varieties and Seeds Act 1964 so as to enable the continued functioning of the domestic regime for the marketing of vegetative planting material.

Part 5 of the Regulations also makes a related consequential amendment.

Amendment of subordinate legislation

Part 6 of these Regulations amends subordinate legislation. Regulation 38 of the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) is amended to correct an error made in the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462).

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