The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Welsh Statutory Instruments

2019 No. 372 (W. 93)

Exiting The European Union, Wales

Animals, Wales

The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Sift requirements satisfied

28 January 2019

Made

25 February 2019

Laid before the National Assembly for Wales

27 February 2019

Coming into force in accordance with regulation 1(2)

The Welsh Ministers, in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018(1), make the following Regulations.

The requirements of paragraph 4(2) of Schedule 7 to that Act (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

Title, commencement and application

1.—(1) The title of these Regulations is the Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

(3) These Regulations apply in relation to Wales.

Amendment of the Zoonoses (Monitoring) (Wales) Regulations 2007

2.—(1) The Zoonoses (Monitoring) (Wales) Regulations 2007(2) are amended as follows.

(2) In regulation 2—

(a) in paragraph (1), omit the definition of “the Directive”;

(b) after paragraph (2) insert—

“(3) In paragraph (2), “the Directive” means Directive 2003/99/EC of the European Parliament and of the Council on the monitoring of zoonoses and zoonotic agents(3).”

(3) Omit regulation 3.

(4) In regulation 5—

(a) at the end of paragraph (e), insert “and”;

(b) omit paragraph (g) and the “and” before it.

Amendment of the Tuberculosis (Wales) Order 2010

3.—(1) The Tuberculosis (Wales) Order 2010(4) is amended as follows.

(2) In article 2, omit the definition of “tuberculosis-free status”.

(3) In article 11(3), for “has tuberculosis-free status” substitute “is a restricted herd”.

(4) In article 12(3A)(e), for “of the loss of tuberculosis-free status of the dairy herd” substitute “that it is a restricted herd.”

(5) In article 14(4), for “loses or regains its tuberculosis-free status” substitute “becomes or ceases to be a restricted herd”.

(6) In Schedule 2, in paragraph 8, for sub-paragraph (c) substitute—

“(c) herd that has been a restricted herd at any time during the 18 months ending on the date of the movement; or”.

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

25 February 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to subordinate legislation, which apply in relation to Wales, in relation to the monitoring and control of zoonotic disease general, and in relation to tuberculosis specifically.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2018 c. 16.

(2)

S.I. 2007/2459 (W. 207), to which there are amendments not relevant to these Regulations.

(3)

O.J. No L 325, 12.12.2003, p. 31, as last amended by Council Directive (EU) 2013/20/EU (O.J. No L 158, 10.06.2013, p. 234).

(4)

S.I. 2010/1379 (W. 122), amended by S.I. 2011/692 (W. 104), 2014/632 (W. 72), 2015/1773 (W. 245), 2016/328 (W. 104), 2017/711 (W. 168).