The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 3) Regulations 2021

Welsh Statutory Instruments

2021 No. 1094 (W. 260)

Exiting The European Union, Wales

Animals, Wales

The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 3) Regulations 2021

Approved by Senedd Cymru

Made

27th September 2021

Laid before Senedd Cymru

28th September 2021

Coming into force

29th September 2021

The Welsh Ministers make these Regulations 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).

The Welsh Ministers are of the opinion, that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, Senedd Cymru(2).

Title and commencement

1.—(1) The title of these Regulations is the Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 3) Regulations 2021.

(2) These Regulations come into force on 29 September 2021.

Amendments to the Trade in Animals and Related Products (Wales) Regulations 2011

2.—(1) The Trade in Animals and Related Products (Wales) Regulations 2011(3) are amended as follows.

(2) In Schedule 5—

(a) in paragraph 5(3), for “1 October 2021” substitute “1 January 2022”;

(b) in paragraph (6)—

(i) omit sub-paragraph (1)(c);

(ii) in sub-paragraph (2) omit “and (c)”.

Lesley Griffiths

Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers

27 September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c.16) 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 amend deficiencies in the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379) (W. 252) (‘the 2011 Regulations’) as a consequence of EU Exit. Regulation 2 amends Schedule 5 of the 2011 Regulations to change the date from which the transitional prior notification requirements for products of animal origin apply from 1 October 2021 to 1 January 2022 and to remove the requirement for products of animal origin and animal by-products to be accompanied by the appropriate health certificate for third country imports before the end of the transitional staging period.

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; see section 20(1) for the definition of “devolved authority”. Paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraph 53(2) of Part 2 of Schedule 5 to, the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(2)

The references in the European Union (Withdrawal) Act 2018 to the National Assembly for Wales now have effect as references to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).

(3)

S.I. 2011/2379 (W. 252) Regulation 26(3) was inserted by regulation 19 of S.I. 2020/1612 (W. 337). Schedule 5 was inserted by regulation 32 of S.I. 2020/1612 (W. 337). Paragraphs 5(3) and 6(1)(c) of Schedule 5 were amended by regulations 2 of S.I. 2021/384 (W. 122). Regulation 26(3) and paragraphs 5(3) and 6(1)(c) of Schedule 5 were amended by S.I. 2021/847 (W. 197). There are other amending instruments but none are relevant.