The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2021

Welsh Statutory Instruments

2021 No. 847 (W. 197)

Exiting The European Union, Wales

Animals, Wales

The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2021

Approved by Senedd Cymru

Made

14 July 2021

Laid before Senedd Cymru

16 July 2021

Coming into force

30 July 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. 2) Regulations 2021.

(2) These Regulations come into force on 30 July 2021.

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 regulation 2(1), at the appropriate place insert—

““the transitional staging period” (“y cyfnod graddoli trosiannol”) has the meaning given in Annex 6 to the Official Controls Regulation(4).”

(3) In regulation 26(3), for “day on 31 July 2021” substitute “transitional staging period”.

(4) In Schedule 5—

(a) in paragraph 5(3), for “31 July 2021” substitute “1 October 2021”;

(b) in paragraph 6(1)(c)—

(i) for “31 July 2021” substitute “1 October 2021”;

(ii) after “products of animal origin” insert “or animal by-products”.

Lesley Griffiths

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

14 July 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 the 2011 Regulations so that Schedule 5 has effect and remains in force until the end of the transitional staging period (defined in Annex 6 to Regulation (EU) 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)), and to change the date from which transitional prior notification requirements for products of animal origin apply from 31 July 2021 to 1 October 2021.

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 regulation 2 of S.I. 2021/384 (W. 122). There are other amending instruments but none are relevant.

(4)

EUR 2017/625. Annex 6 was inserted by S.I. 2020/1481 and amended by S.I. 2021/429.