The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022

Amendment of Commission Decision 2011/630/EU

13.—(1) Commission Implementing Decision on imports into the Union of semen of domestic animals of the bovine species(1) is amended as follows.

(2) In Article 1 (subject matter)—

(a) in paragraph 1, for “or parts thereof” substitute “and makes provision for the specification of parts thereof”;

(b) in paragraph 2, before the definition of “appropriate authority” insert—

““additional guarantee” means the guarantee given under Article 3a;”.

(3) In Article 2 (imports of semen) in paragraph 1(a)—

(a) for “a third country or part thereof” substitute “such third country”;

(b) after “Annex 1” insert “, or part thereof, as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this Article”.

(4) After Article 3 insert—

“Article 3a Additional guarantees

1.   The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may impose conditions relating to the protection of public health or animal health in Great Britain on the import of a consignment of semen into Great Britain from a third country listed in Annex 1, or part thereof.

2.   The person exporting the consignment from the third country to Great Britain, or another person acting on their behalf, must provide evidence that any condition imposed under paragraph 1 in relation to the consignment is satisfied by giving an additional guarantee in accordance with the veterinary certificate for the consignment concerned.

3.   The Secretary of State must publish any conditions imposed under paragraph 1 in a document published for the purposes of this Article.

Article 3b Matters relating to the exercise of powers under this Decision

1.   The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions specified in paragraph 3 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal and public health in the United Kingdom, in accordance with paragraph 2.

2.   Any assessment which is relied upon for the purposes of paragraph 1 must be appropriate to the circumstances and must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), taking into account—

(a) the state of health of the livestock, other domestic animals and wildlife and the environmental situation in the third country, with particular reference to animal diseases that are exotic, notifiable or reportable in the United Kingdom and which might endanger the health and environmental status of the United Kingdom;

(b) the regularity and rapidity of the provision of information by the third country concerning the existence of the contagious animal diseases in its territory listed by the World Organisation for Animal Health;

(c) the relevant legislation on animal disease prevention and control;

(d) the structures, skills, independence and qualifications of the competent authority’s veterinary inspection services in the third country;

(e) the organisation and implementation of measures to prevent and control contagious animal diseases;

(f) the assurances which the third country can give with regard to compliance with the animal health requirements related to imports of bovine semen.

3.   The provisions are—

(a) paragraph 1(a) of Article 2 (import of semen);

(b) paragraph 1 of Article 3a (additional guarantees).

4.   Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 3 the Secretary of State must have regard to that request.”.

(5) In Annex 1 (list of third countries and parts thereof from which imports of semen of domestic animals of the bovine species are to be authorised under Article 2)—

(a) in the heading, omit “or parts thereof”;

(b) in the table, omit the entry containing the heading “Remarks” and both columns under it (the third and fourth columns - description of territory, additional guarantees);

(c) in the footnotes to the table—

(i) omit the footnote relating to Switzerland;

(ii) omit the footnote relating to EU Member States, Liechtenstein and Norway.

(1)

Commission Implementing Decision 2011/630/EU, amended by S.I. 2019/778, S.I. 2019/795, S.I. 2020/1462.