The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019

Made: at 2.00 p.m. on 7th October 2019

Laid before Parliament: at 4.00 p.m. on 7th October 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 makes the following Regulations.

The Secretary of State is 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, each House of Parliament.

There has been open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

PART 1 — Introductory

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 and come into force in accordance with paragraph (2).

• (2) These Regulations come into force as follows—

• (a) as regards regulations 1, 4 and 8, immediately before exit day;

• (b) as regards all other regulations, on exit day.

• (3) These Regulations extend to Northern Ireland only.

PART 2 — Amendment of the Agriculture (Food) Provisions

Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010

2

In the Eggs and Chicks Regulations (Northern Ireland) 2010 , in Schedule 2, in Part 2 in the Table—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in row 26 (Article 12(2), fourth sub-paragraph), in the second column, for “Chapter III of Council Directive 1999/74/EC” substitute “ Schedule 3 to the Northern Ireland welfare regulations ”.

PART 3 — Amendment of the Animals Provisions

Amendment of the Importation of Animal Pathogens Order (Northern Ireland) 1999

3

• (1) The Importation of Animal Pathogens Order (Northern Ireland) 1999 is amended as follows.

• (2) In Article 2, in the definition of “another Member State”—

• (a) for “another” substitute “ a ”;

• (b) omit “other than the United Kingdom”.

• (3) In Article 6, for “another” substitute “ a ”.

PART 4 — Amendment of the Horticulture Provisions

Amendment of the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

4

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

PART 5 — Amendment of the Plant Health Provisions

Amendment of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995

5

In the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995 , in regulation 4A(1), and in the heading, for “European Union” substitute “ United Kingdom ”.

Amendment of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006

6

In the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 , in Article 2—

• (a) omit the definitions from “Decision 2002/757/EC” to “Decision (EU) 2018/1503”;

• (b) omit paragraph (4).

Amendment of the Plant Health Order (Northern Ireland) 2018

7

In the Plant Health Order (Northern Ireland) 2018 , in Article 2, omit the definition of “Decision (EU) 2018/1503”.

Amendment of the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

8

In the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 , in regulation 56, for the words before the inserted text substitute—

In regulation 5— (a) in paragraph (3), for “European Union” substitute “ United Kingdom ”; (b) at the end insert—

PART 6 — Amendment of the Wildlife Provisions

Amendment of the Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019

9

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

Signed

George Eustice — Parliamentary Under Secretary of State

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: OJ No. L 31, 1.2.2002, p. 1, as amended by Commission Regulation (EC) No. 202/2008 (OJ No. L 60, 4.3.2008, p. 17).

[^f00003]: S.R. 2010 No. 125. Relevant amendments are made to the Table in S.R. 2014 No. 92, regulation 5(11)(b)(iii) and S.I. 2019/347, regulation 4(7)(b).

[^f00004]: S.R. 1999 No. 433, as amended by S.I. 2011/1043.

[^f00005]: S.I. 2019/1101.

[^f00006]: S.R. 2010 No. 198 as amended by S.R. 2012 No. 299, S.R. 2014 No. 92 and S.I. 2019/1101.

[^f00007]: S.R. 1995 No. 415. Regulation 4A was inserted by S.R. 2019 No. 161.

[^f00008]: S.R. 2006 No. 66, as amended by S.R. 2012 No. 400, S.R. 2015 No. 129, S.R. 2019 No. 99, S.R. 2019 No. 162 and S.I. 2019/820.

[^f00009]: S.R. 2018 No. 184, as amended by S.R. 2019 No. 49, S.R. 2019 No. 151, S.R. 2019 No. 160 and S.I. 2019/820.

[^f00010]: S.I. 2019/211 to which there are amendments not relevant to these Regulations.

[^f00011]: S.R. 2019 No. 159.

Editorial notes

[^c23937901]: 2018 c. 16.

[^c23937911]: OJ No. L 31, 1.2.2002, p. 1, as amended by Commission Regulation (EC) No. 202/2008 (OJ No. L 60, 4.3.2008, p. 17).

[^c23937921]: S.R. 2010 No. 125. Relevant amendments are made to the Table in S.R. 2014 No. 92, regulation 5(11)(b)(iii) and S.I. 2019/347, regulation 4(7)(b).

[^c23937931]: S.R. 1999 No. 433, as amended by S.I. 2011/1043.

[^c23937961]: S.R. 1995 No. 415. Regulation 4A was inserted by S.R. 2019 No. 161.

[^c23937971]: S.R. 2006 No. 66, as amended by S.R. 2012 No. 400, S.R. 2015 No. 129, S.R. 2019 No. 99, S.R. 2019 No. 162 and S.I. 2019/820.

[^c23937981]: S.R. 2018 No. 184, as amended by S.R. 2019 No. 49, S.R. 2019 No. 151, S.R. 2019 No. 160 and S.I. 2019/820.

[^c23937991]: S.I. 2019/211 to which there are amendments not relevant to these Regulations.

[^key-b71961e9dd3ce351f7c74fb31aff30c1]: Reg. 2 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)(b)

[^key-4e78aeea61412d0ccf65f9d88d845e8a]: Reg. 1 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)(a)

[^key-c1a9316fe318e5617a14af3d0b12f6e6]: Reg. 3 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)(b)

[^key-43c3b09197c0187cc1500397ff308eb3]: Reg. 5 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)(b)

[^key-5ee97c0602f166750cfe5e88abadbec4]: 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)(b)

[^key-3627adfb940e8bc08c2bf04fc1ce74ef]: 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)(b)

[^key-ecd72c0e5f7c9e34bdaf6819999038da]: 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)(a)

[^key-b07fa0dac1f63794c2323b88c71821c2]: Reg. 2(a) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

[^key-36d9908a72dc6c2a6b8906ec5901568c]: Reg. 4 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

[^key-d34b06dc7a701620fb022c083bb608a8]: Reg. 9 omitted (31.12.2020 immediately before IP completion day) by virtue of The Pesticides and Invasive Alien Species (Enforcement and Permitting)(Amendment)(EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/268), regs. 1(2), 4