The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-09-04
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 4th September 2019

Laid before Parliament: 5th September 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by—in relation to Part 1, the provisions mentioned in paragraphs (b) and (c);in relation to Parts 2 and 3, section 2(2) of the European Communities Act 1972 ;in relation to Parts 4 to 7, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State makes these Regulations in exercise of the powers conferred by—

in relation to Part 1, the provisions mentioned in paragraphs (b) and (c);

in relation to Parts 2 and 3, section 2(2) of the European Communities Act 1972 ;

in relation to Parts 4 to 7, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy and the environment .

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

PART 1 — Introduction

Citation, commencement and extent

1

PART 2 — Amendment of the Invasive Alien Species (Enforcement and Permitting) Order 2019

The Invasive Alien Species (Enforcement and Permitting) Order 2019

2

In the Invasive Alien Species (Enforcement and Permitting) Order 2019 , in article 20, for paragraph (1) substitute—

(1) A person guilty of an offence under this Order is liable— (a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding six months or to a fine, or to both; (ii) in Scotland and Northern Ireland, to imprisonment for a term not exceeding three months or to a fine which may not exceed the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. (1A) In relation to any conviction obtained before the coming into force of paragraph 3 of Schedule 27 to the Criminal Justice Act 2003 , paragraph (1)(a)(i) has effect with the substitution for “six months” of “three months”.

PART 3 — Marketing of seeds and plant propagating material: amendment of domestic legislation

The Marketing of Vegetable Plant Material Regulations 1995

3

In the Marketing of Vegetable Plant Material Regulations 1995 , after regulation 4 insert—

(4A) (1) The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, may authorise the marketing of plant material from any country outside the European Union if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations for plant material. (2) An authorisation given under this regulation— (a) must be in writing; (b) may be subject to conditions; and (c) may be amended, suspended or revoked by notice.

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

4

In the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 , in regulation 5, for paragraphs (3) and (4) substitute—

(3) The Secretary of State may authorise the marketing of plant material from any country outside the European Union if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations for plant material.

PART 4 — Amendment of the Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019

The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019

5

(ii) in point (c), in the last paragraph, after “TRACES”, insert “ or any replacement system in operation in Great Britain”;

(iii) in point (d), after “TRACES”, insert “ or any replacement system in operation in Great Britain”;

(c) in point 4(e), omit “third”;

(34) In point 1— (a) in the words before point (a), for the words from “Member State” to “their” substitute “ country or a ”; (b) in point (b), for “competent authority of the Member State of slaughter” substitute “ appropriate authority ”.

PART 5 — Invasive alien species: amendment of domestic legislation consequent on the withdrawal of the United Kingdom from the European Union

The Wildlife and Countryside Act 1981

6

(6) The “list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.

The Invasive Alien Species (Enforcement and Permitting) Order 2019

7

the list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time;

(1A) For the purposes of their application by virtue of paragraph (1), the offences in this Part apply as if the references to “Great Britain” in Article 7(1)(a) and (d) of the Principal Regulation included the offshore marine area, and the references to those offences in Table 1 of Schedule 1 are to be construed accordingly.

(2) This article applies to— (a) an offence under article 3(1) in relation to a breach of the restrictions in— (i) Article 7(1)(b) (keeping), (d) (transportation), (e) (placing on the market) or (f) (use or exchange) of the Principal Regulation; (ii) where the specimens are qualifying Northern Ireland goods, Article 7(1)(a) (introduction into the territory of Great Britain) of the Principal Regulation; and (b) an offence under article 3(4).

(6) In this article— - “qualifying Northern Ireland goods” has the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018; - “relevant permit” means—for the purposes of paragraph (3)(a), a permit under—article 35(1)(a) (permits for research or ex situ conservation);any provision in legislation which applies in relation to Scotland and which enables permits to be issued for research or ex situ conservation in accordance with Article 8 of the Principal Regulation; orany provision in legislation which applies in relation to Northern Ireland and which enables permits to be issued for research or ex situ conservation in accordance with Article 8 of Regulation (EU) No 1143/2014 on the prevention and management of the introduction and spread of invasive alien species as it has effect in Northern Ireland by virtue of section 7A of the European Union (Withdrawal) Act 2018;for the purposes of paragraph (3)(b), a permit under—article 35(1)(b) (permits for medicinal activities);any provision in legislation which applies in relation to Scotland and which enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Principal Regulation; orany provision in legislation which applies in relation to Northern Ireland and which enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of Regulation (EU) No 1143/2014 on the prevention and management of the introduction and spread of invasive alien species as it has effect in Northern Ireland by virtue of section 7A of the European Union (Withdrawal) Act 2018.

(3) In this Part, references to— (a) import into the United Kingdom are references to import into the United Kingdom by introduction into Great Britain, (b) export from the United Kingdom are references to export from the United Kingdom by transportation from Great Britain, and cognate expressions shall be construed accordingly.

PART 6 — Amendment of the Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019

The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019

8

PART 7 — Marketing of seeds and plant propagating material: amendment of domestic legislation consequent on the withdrawal of the United Kingdom from the European Union

The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019

10

In the Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 , in the Schedule—

(7A) Commission Implementing Decision (EU) 2013/166 amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries.

(10) Commission Implementing Decision (EU) 2019/119 amending Council Directive 2002/56/EC as regards the date laid down in Article 21(3) until which Member States are authorised to extend the validity of decisions concerning equivalence of seed potatoes from third countries. (11) Commission Implementing Decision (EU) 2019/120 amending Council Directive 2008/90/EC as regards the extension of the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries.

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — 2019-09-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

[^f00002]: 2018 c. 16.

[^f00003]: S.I. 1972/1811, to which there are amendments not relevant to these Regulations. The power of the Secretary of State, as a designated Minister in relation to the common agricultural policy, to make regulations that apply in Wales remains exercisable by virtue of article 6(1) of S.I. 2010/2690.

[^f00004]: S.I. 2008/301. The power of the Secretary of State, as a designated Minister in relation to the environment, to make regulations that apply in Wales as regards the prevention and remedy of environmental damage remains exercisable by virtue of article 5(1) of S.I. 2014/1890.

[^f00005]: S.I. 2019/527.

[^f00006]: 2003 c. 44.

[^f00007]: S.I. 1995/2652, to which there are amendments not relevant to these Regulations.

[^f00008]: S.I. 2017/595, to which there are amendments not relevant to these Regulations.

[^f00009]: S.I. 2019/170.

[^f00010]: 1981 c. 69.

[^f00011]: Section 14 of the Act was amended by Part 4 of Schedule 16 to the Countryside and Rights of Way Act 2000 (c. 37), sections 23 and 25 of the Infrastructure Act 2015 (c. 7) and S.I. 2019/527.

[^f00012]: Schedule 9A was inserted by section 23(3) of the Infrastructure Act 2015 and amended by S.I. 2019/527.

[^f00013]: S.I. 2019/204.

[^f00014]: S.I. 2006/648, amended by S.I. 2018/942, 2019/204.

[^f00015]: S.I. 2019/131, to which there are amendments not relevant to these Regulations.

[^f00016]: S.I. 2019/162.

Editorial notes

[^c23840551]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

[^c23840561]: 2018 c. 16.

[^c23840571]: S.I. 1972/1811, to which there are amendments not relevant to these Regulations. The power of the Secretary of State, as a designated Minister in relation to the common agricultural policy, to make regulations that apply in Wales remains exercisable by virtue of article 6(1) of S.I. 2010/2690.

[^c23840581]: S.I. 2008/301. The power of the Secretary of State, as a designated Minister in relation to the environment, to make regulations that apply in Wales as regards the prevention and remedy of environmental damage remains exercisable by virtue of article 5(1) of S.I. 2014/1890.

[^c23840591]: S.I. 2019/527.

[^c23840601]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

[^c23840611]: S.I. 1995/2652, to which there are amendments not relevant to these Regulations.

[^c23840621]: S.I. 2017/595, to which there are amendments not relevant to these Regulations.

[^c23840631]: S.I. 2019/170.

[^c23840641]: 1981 c. 69.

[^c23840651]: Section 14 of the Act was amended by Part 4 of Schedule 16 to the Countryside and Rights of Way Act 2000 (c. 37), sections 23 and 25 of the Infrastructure Act 2015 (c. 7) and S.I. 2019/527.

[^c23840661]: Schedule 9A was inserted by section 23(3) of the Infrastructure Act 2015 and amended by S.I. 2019/527.

[^c23840671]: S.I. 2019/204.

[^c23840681]: S.I. 2006/648, amended by S.I. 2018/942, 2019/204.

[^c23840701]: S.I. 2019/162.

[^key-74fa5f4100937baa7c1fc60f26a84fed]: Reg. 1 in force at 26.9.2019, see reg. 1(2)(a)

[^key-c3b0f1993cec679595411f3b19240d42]: Reg. 2 in force at 26.9.2019, see reg. 1(2)(a)

[^key-6e8eae61c9a90be530f46f8fae61cf49]: Reg. 3 in force at 26.9.2019, see reg. 1(2)(a)

[^key-cbc47cde821533b125f4de525e27aee8]: Reg. 4 in force at 26.9.2019, see reg. 1(2)(a)

[^key-d87ffc4148d94eab37955dcbbe1b001b]: Reg. 5 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-9fd669976ed0d10896b9feab5a4e3ebc]: Reg. 8 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-31a854cf6bb8fbf2ef9005d6349225b5]: Reg. 10 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-493c7d62a4e53e210a570379f5104a14]: Reg. 8(3) omitted (11.8.2020) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(a), 3

[^key-cf339a08742cb38454b4a13a76cfb72a]: Reg. 8(5) omitted (11.8.2020) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(a), 3

[^key-406a168357b7de2ea2ff633292d4afc9]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(d)

[^key-be99a18c7c127a497528455e84497c7b]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(c)

[^key-4af7dd14bf1f61886bb864a876582748]: Reg. 7(4A)(4B) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b)

[^key-8eaf5bd658c39891bdbc79f1ae9ff6f4]: Reg. 7(4) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(a)

[^key-c674ec52c73ac0c66154f61b932f9bd5]: Reg. 7(5) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(c)

[^key-a2877c7abcb4f62987d0729c5f953d3d]: Word in reg. 7(6)(a) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(d)(i)

[^key-03c010e657d6bbb43ffe3b28be151807]: Words in reg. 7(6)(a) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(d)(ii)

[^key-a3ad63570b55e947fea1d7c58c45efa7]: Word in reg. 7(6)(b)(iii)(bb) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(d)(i)

[^key-9d39cdeadbdd60767313d903acd6faa8]: Words in reg. 7(6)(b)(iii)(bb) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(d)(ii)

[^key-9ac020a46f0fa2bdf173d67fbcc3cd87]: Reg. 5(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 22(2)(a)(i)

[^key-c75a8896164d81e162c57bef4aa7ef1a]: Words in reg. 5(2)(d)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 22(2)(a)(ii)

[^key-69fab027d782ec434ebd0a285b88486b]: Reg. 5(2)(g) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 22(2)(a)(iii)

[^key-61d9c1995444cfc5c075ef9963dc38c4]: Reg. 5(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 22(2)(b)

[^key-3480d4601872d6015c21674542cc1179]: Reg. 5(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 22(2)(b)

[^key-ec92fb1b66ec6d2bd47eed712dc6c014]: Reg. 1(4) inserted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(2)

[^key-fcb7d74566f64e6f5fea4070559a96a7]: Reg. 9 omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 22(3)

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