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The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020

Type Statutory-Instrument

Publication 2020-11-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles 2

Reform history JSON API PDF

Made: 30th November 2020

Laid before Parliament: 1st December 2020

Coming into force in accordance with regulation 1

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, extent and application

1

(1) These Regulations may be cited as the Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020.

(2) They come into force—

(a) as regards this Part, Part 5 and regulations 39 and 40, immediately before IP completion day;

(b) as regards regulation 41, on 4th May 2021;

(3) These Regulations extend as follows—

(a) Regulations 2, 4 to 19 and the Schedule extend to England and Wales and Scotland;

(b) Regulation 41 extends to England and Wales.

(4) Regulations 20, 22(2), 23, 25, 27, 28(2)(d), (6)(c) and (d), 30(6) and (7), 31, 33 and 34 apply in relation to England and Wales and Scotland only.

PART 2 — Amendment of the EEA agreement

The EEA agreement

2

In Annex 1 to the EEA agreement, in Chapter 1, in Part 7.1—

(a) in point 9b, omit point (a);

(b) in point 9c, omit point (b).

PART 3 — Amendment of retained direct EU law

CHAPTER 1 — Seeds

Council Decision 2005/834/EC

3

(1) Council Decision 2005/834/EEC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries is amended as follows.

(2) In Article 1—

(a) omit “third”;

(b) for “by the Member States” substitute—

: (a) in relation to Directive 66/401/EEC, in the United Kingdom; (b) in relation to the other Directives, in Great Britain

(3) Omit Articles 2, 3 and 6.

Commission Implementing Decision (EU) 2020/1106

4

(1) Commission Implementing Decision (EU) 2020/1106 on the organisation of a temporary experiment under Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC as regards the official checking rate for field inspection under official supervision for basic seed, bred seed of generations prior to basic seed and certified seed is amended as follows.

(2) Before Article 1 insert—

(1) For the purposes of this Decision, the following definitions apply: (a) the “appropriate authority” means: (i) in relation to England, the Secretary of State; (ii) in relation to Wales, the Welsh Ministers; (iii) in relation to Scotland, the Scottish Ministers; (b) the “Seeds Marketing Regulations” means: (i) in relation to England, the Seed Marketing Regulations 2011[^f00005]; (ii) in relation to Wales, the Seed Marketing (Wales) Regulations 2012[^f00006]; (iii) in relation to Scotland— (aa) the Oil and Fibre Plant Seed (Scotland) Regulations 2004[^f00007], (bb) the Cereal Seed (Scotland) Regulations 2005[^f00008], (cc) the Fodder Plant Seed (Scotland) Regulations 2005[^f00009], and (dd) the Beet Seed (Scotland) (No 2) Regulations 2010[^f00010].

(3) In Article 1—

(a) in paragraph 1, in the words before point (a)—

(i) for “at Union level” substitute “in Great Britain”;

(ii) for the words from “, listed in” to the end substitute “of the Seeds Marketing Regulations”;

(b) omit paragraph 2.

(4) In Articles 2, 3, 4 and 5, and in the heading to Article 2, for “Member States”, in each place where it occurs, substitute “appropriate authorities”;

(5) In Article 2—

(a) omit the first subparagraph;

(b) in the second subparagraph, omit “the Commission and”;

(6) In Article 3(2), for the words from “Directives” to the end substitute “the Seeds Marketing Regulations”.

(7) In Article 4—

(a) in the heading, for the words from “Directives” to the end substitute “the Seeds Marketing Regulations”;

(b) in the paragraph—

(i) for “Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC” substitute “the Seed Marketing Regulations”;

(ii) omit the words from “, laid down” to the end.

(8) In Article 5—

(a) in paragraph 1, omit “to the Commission and”;

(b) in paragraph 2, in the first subparagraph, omit “the Commission and”.

(9) Omit Article 7.

CHAPTER 2 — Aquatic Animal Health

Commission Regulation (EC) No 1251/2008

5

(1) Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species is amended as follows.

(2) In Article 1—

(a) in point (b)(ii), for the words from “Member States” to the end substitute “Great Britain”;

(b) in point (d), for “the Community” substitute “Great Britain”.

(3) In Article 2—

(a) the existing text is renumbered paragraph 1;

(b) in renumbered paragraph 1—

(i) in point (a)(i), for “the Community” substitute “Great Britain”;

(ii) after point (c), insert—

(d) “the appropriate authority” means: (i) in relation to England, the Secretary of State; (ii) in relation to Wales, the Welsh Ministers; (iii) in relation to Scotland, the Scottish Ministers; but “the appropriate authority” is the Secretary of State if consent is given: (i) in respect of functions exercisable in relation to Wales, by the Welsh Ministers; (ii) in respect of functions exercisable in relation to Scotland, by the Scottish Ministers; (e) “the Aquatic Animal Health Regulations” means— (i) in relation to England and Wales, the Aquatic Animal Health (England and Wales) Regulations 2009[^f00011]; (ii) in relation to Scotland, the Aquatic Animal Health (Scotland) Regulations 2009[^f00012]; (f) “Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments[^f00013]; (g) “constituent GB territory” means England, Wales or Scotland as the case may be; (h) “third country” means any country or territory other than the British Islands.

(2) References to eradication programmes and surveillance programmes are to be read as references to eradication or surveillance programmes (as the case may be) established under Commission Implementing Decision (EU) 2015/1554 laying down rules for the application of Directive 2006/88/EC as regards requirements for surveillance and diagnostic methods[^f00014]. (3) References to a constituent GB territory or a zone or compartment thereof being “declared free” of one of more of the diseases listed in Annex 1A mean declared free in accordance with Section 2 of Commission Decision 2009/177/EC..

(4) In Article 3, for “Article 17 of Directive 2006/88/EC” substitute “the Aquatic Animal Health Regulations”.

(5) Omit Article 4(1).

(6) After Article 4 insert—

Articles 5 to 9 do not apply to movements— (a) from a third country to Great Britain, or any part thereof; (b) between constituent GB territories if all constituent GB territories have been declared free of the relevant disease; or (c) from one part of the coastline of Great Britain to another, if the coastlines of all constituent GB territories have been declared free of the relevant disease.

(7) In Articles 5, 6(1) and 7—

(a) in the words before point (a), for the words from “model” to “Annex V” substitute “relevant model”;

(b) in point (a)—

(i) in the words before point (i), for the words from “Member States” to the end substitute “a constituent GB territory, a zone or a compartment where the constituent GB territory, zone or compartment concerned is:”;

(ii) in point (i), for the words from “Part II” to the end substitute “Annex 1A; or”;

(iii) in point (ii), omit the words from “in accordance” to the end;

(8) In Article 8—

(a) in the heading, for “Member States, zones and compartments” substitute “a constituent GB territory, zone or compartment”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Consignments” substitute “Where consent has been granted by the competent authority in accordance with regulation 24(3) or 28(2) of the Aquatic Animal Health Regulations, consignments”;

(bb) for “Member States, zones or compartments” substitute “a constituent GB territory, a zone or a compartment”;

(cc) for the words from “Sections 3 to 6” to “competent authority,” substitute “Part 4 of those Regulations”;

(dd) for “model set out in:” substitute “relevant model.”;

(ii) omit points (a) and (b);

(i) in the words before point (a), for the words from “model” to “Annex V” substitute “relevant model”;

(ii) in point (a)—

(aa) for “Member State” substitute “constituent GB territory”;

(bb) omit the words from “approved” to the end.

(9) In Article 8a—

(a) in the heading, for the words from “Member States” to the end substitute “areas listed in Schedule 1 to the Aquatic Animal Health Regulations”;

(b) in paragraph 1—

(i) in the words before point (a), for the words from “model” to “Annex V” substitute “relevant model”;

(ii) in point (a)—

(aa) in the words before point (i), for “Member States or parts” to “column of” substitute “constituent GB territory or part”;

(bb) in point (i), for “Annex I to Decision 2010/221/EU” substitute “Schedule 1 to the Aquatic Animal Health Regulations”;

(cc) omit points (ii) and (iii);

(iii) in point (b)—

(aa) for “Member State” substitute “constituent GB territory”;

(bb) omit the words “, or for which” to the end;

(d) in paragraph 3—

(i) for “a Member State” substitute “a constituent GB territory”;

(ii) for “Annex I to Decision 2010/221/EU” substitute “Schedule 1 to the Aquatic Animal Health Regulations”.

(10) Omit Article 8b.

(11) In Chapter IV, before Article 10 insert—

This Chapter only applies to movements into Great Britain from a third country.

(12) In Article 10—

(a) in paragraph 1, for “the Community” substitute “Great Britain”;

(b) in paragraph 2, in points (a) and (b), for the words from “model” to the end substitute “relevant model”.

(13) In Article 11—

(a) in paragraphs 1 and 2—

(i) for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A”;

(ii) for “the Community” substitute “Great Britain”;

(b) in paragraph 2, for “susceptible species” substitute “species susceptible”;

(14) In Article 12—

(a) in paragraph 1—

(i) for “the Community” substitute “Great Britain”;

(ii) for “Article 11(1) of Regulation (EC) No 854/2004” substitute “Articles 126 and 127 of 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[^f00015]”;

(b) in paragraph 2(a), for the words from “models” to the end substitute “model”;

(d) in paragraph 3, for “Community waters” substitute “waters within, and territorial waters adjacent to, Great Britain,”.

(15) In Article 13, omit “harmonised at Community level”.

(16) In Article 14—

(a) in paragraphs 1 to 3, in each place where it occurs, for “the Community” substitute “Great Britain”;

(b) in paragraph 3—

(i) omit “border”;

(ii) for “model set out in Part D of Annex IV” substitute “relevant model”.

(17) In Article 15, in paragraphs 1, 2 and 3, in each place where it occurs, for “the Community” substitute “Great Britain”.

(18) In Article 16—

(a) in the first paragraph—

(i) for “the Community” substitute “Great Britain”, in each place where it occurs;

(ii) for “the EC” substitute “Great Britain”;

(b) in the second paragraph, for the words from “model” to the end substitute “relevant model”.

(19) Omit Article 17.

(20) Omit Chapter 6.

(21) After Article 21, omit the words from “This Regulation” to “Member States”.

(22) In Annex 1, in the heading to column 2, omit “for the purposes of Article 17(1) and (2)”.

(23) After Annex 1, insert—

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