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The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

Type Statutory-Instrument

Publication 2020-12-07

Last updated 2021-07-30

State In force

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(ii) in the first indent and in point (iii) of the fourth indent, after “Directive 2001/89/EC” insert “ as it exists immediately before IP completion day ”;

(5) In Article 3—

(a) for the heading substitute “ Prohibition on the importation into Great Britain of consignments of porcine semen and ova and embryos of swine from the member States or areas thereof listed in the Annex ”;

(b) for the words before point (a), substitute “ The appropriate authority must ensure that consignments of the following are not accepted into Great Britain from the member States listed in the Annex: ”;

(c) in point (a), for “as referred to in Article 3(a) of Directive 90/429/EEC” substitute “ , in accordance with relevant legislation, ”.

(6) Omit Articles 4 to 11.

Commission Implementing Decision (EU) 2015/1901 laying down certification rules and a model health certificate for importation into the Union of consignments of live animals and of animal products from New Zealand

66

(1) Commission Implementing Decision (EU) 2015/1901 laying down certification rules and a model health certificate for importation into the Union of consignments of live animals and of animal products from New Zealand is amended as follows.

(2) In Article 1—

(a) number the text as paragraph 1;

(b) in paragraph 1—

(i) in the first subparagraph, for “the Union” substitute “ Great Britain ”;

(ii) for the second subparagraph, substitute—

It provides for a model health certificate to be published by the appropriate authority from time to time that can be used for the importation of live animals and of animal products into Great Britain, for which equivalence has been determined under the Agreement.

(2) In this Decision: - — “the Agreement” means the January 2019 Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand on Sanitary Measures Applicable to Trade in Live Animals and Animal Products ; - — “the Agreement” means the January 2019 Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand on Sanitary Measures Applicable to Trade in Live Animals and Animal Products ; - — “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by: 1. in relation to Wales, the Welsh Ministers; 2. in relation to Scotland, the Scottish Ministers.

(3) In Article 2—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Member States” substitute “ appropriate authority ”;

(bb) for “the Union” substitute “ Great Britain ”;

(cc) after “health certificate,” insert “ in the form published by the appropriate authority from time to time, ”;

(ii) in point (a), for “as set out in Annex I to this Decision” substitute “ , in the form published by the appropriate authority from time to time ”;

(iii) in point (b)—

(aa) in the first place it appears, for “Union” substitute “ retained direct EU ”;

(bb) for “set out in” to the end substitute “ , in the form published by the appropriate authority from time to time ”;

(b) omit paragraph 2;

(4) Omit Articles 5 and 7.

(5) Omit Annex 1.

(6) In Annex 2, in the table, in the fifth column (special certification conditions), for “set out in Annex I”, in each place, substitute “ , in the form published by the appropriate authority from time to time ”.

Commission Implementing Decision (EU) 2018/320 on certain animal health protection measures for intra-Union trade in salamanders and the introduction into the Union of such animals in relation to the fungus Batrachochytrium salamandrivorans

67

(1) Commission Implementing Decision (EU) 2018/320 on certain animal health protection measures for intra-Union trade in salamanders and the introduction into the Union of such animals in relation to the fungus Batrachochytrium salamandrivorans is amended as follows.

(2) In Article 1, for “intra-Union trade” to the end substitute “ the introduction into Great Britain of salamanders ”.

(3) In Article 2—

(a) in point (f)(i), for “before being dispatched to another Member State or after their introduction into the Union” substitute “ after their introduction into Great Britain ”;

(b) for point (h), substitute—

(h) ‘common health entry document’ or ‘CHED’ means the document notifying the arrival of animals into Great Britain as referred to in Article 40 of Commission Implementing Regulation (EU) 2019/1715 and drawn up in accordance with the model in the form published by the appropriate authority from time to time;

(j) ‘appropriate authority’ means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by: (i) in relation to Wales, the Welsh Ministers; (ii) in relation to Scotland, the Scottish Ministers; (k) ‘third country’ means any country or territory other than the British Islands.

(4) Omit Article 3.

(5) In Article 4—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in the words before point (a)—

(i) for “Member States” substitute “ The appropriate authority ”;

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

(d) in point (b), for “set out in Part B of Annex I” substitute “ , in the form published by the appropriate authority from time to time ”;

(e) in point (c), for “the Union” substitute “ Great Britain ”.

(6) In Article 5, for the words before point (a), substitute—

The appropriate authority must ensure that border control posts do not accept the entry into Great Britain of any consignments of salamanders unless importers or their agents have provided a written attestation, signed by the person responsible for the appropriate establishment of destination, stating:

(7) In Article 6—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in the words before point 1, for “Member States” substitute “ The appropriate authority ”;

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

(ii) for “Box 45 of Part 3” substitute “ the relevant section ”;

(iii) for “veterinary” substitute “ health ”.

(8) In Article 7, in paragraph 1, in the words before point (a), for “Member States” substitute “ The appropriate authority ”.

(9) In Article 8, for “Member States” substitute “ The appropriate authority ”.

(10) In Article 9, for the words before point (a), substitute—

At the latest by 30 June each year, starting from 2021, where the appropriate authority has authorised the handling of consignments of salamanders in the previous year at a border control post in Great Britain, the competent authority at the border control post shall notify the appropriate authority of the following information related to the introduction of salamander consignments into Great Britain:

(11) Omit Articles 10, 11 and 12.

(12) Omit Annex 1.

(13) In Annex 2, in point (4)(b), for “veterinary” substitute “ health ”.

Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae

68

(1) Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae is amended as follows.

(2) In Article 1, for “the Union” substitute “ Great Britain ”.

(3) In Article 2—

(a) in point (c), for “Council Directive 90/427/EEC” substitute “ Article 2(e) of Commission Implementing Regulation (EU) 2015/262 ”;

(b) in point (d), for “one of the territories listed in Annex I to Council Directive 97/78/EC” substitute “ Great Britain ”;

(d) in points (g), (h) and (i), for “the Union”, in each place, substitute “ Great Britain ”;

(e) in point (j), for “Union territory” substitute “ Great Britain ”;

(f) in point (k)—

(i) for “inspection”, in both places, substitute “ control ”;

(ii) for “Article 2(2)(f) of Directive 91/496/EEC” to the end substitute “ Article 3(38) of Regulation (EU) 2017/625 and approved by the appropriate authority for the commodity concerned ”;

(g) in point (l), for “Article 2 of Directive 2009/156/EC” substitute “ Article 2(e), (g) and (h) of Commission Implementing Regulation (EU) 2015/262 ”;

(h) omit point (s);

(i) at the end (after point (s)) insert—

(t) ‘appropriate authority’	means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the ‘appropriate authority’ is the Secretary of State if consent is given by:(a) in relation to Wales, the Welsh Ministers;(b) in relation to Scotland, the Scottish Ministers.
(u) ‘appropriate computerised information management system’	means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.
(v) ‘third country’	means any country or territory other than the British Islands.

(4) In the heading for Section 2, for “the Union” substitute “ Great Britain ”.

(5) In Article 3—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Member States” substitute “ The appropriate authority ”;

(bb) in the first place it occurs, for “the Union” substitute “ Great Britain ”;

(cc) for “the Union applies regionalisation” substitute “ regionalisation is applied ”;

(ii) in points (a) to (f), for “model health certificate” to “Annex II”, in each place, substitute “ relevant certificate, in the form published by the appropriate authority from time to time ”.

(6) In Article 4—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in the words before point (a)—

(i) for “Member States” substitute “ The appropriate authority ”;

(ii) in the first place it occurs, for “the Union” substitute “ Great Britain ”;

(iii) for “the Union applies regionalisation” substitute “ regionalisation is applied ”;

(c) in point (a), for “listed in accordance with Article 17(3)(b) of” substitute “ which is situated in a country listed in Annex I and which meets the relevant conditions described in Annex D to ”;

(d) in point (b), for “appropriate model health certificate set out in Part 1 of Annex III” substitute “ relevant certificate, in the form published by the appropriate authority from time to time ”.

(7) In Article 5—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in the words before point (a)—

(i) for “Member States” substitute “ The appropriate authority ”;

(ii) in the first place it occurs, for “the Union” substitute “ Great Britain ”;

(iii) for “the Union applies regionalisation” substitute “ regionalisation is applied ”;

(c) in point (a), for “listed in accordance with Article 17(3)(b) of” substitute “ which is situated in a country listed in Annex I and which meets the relevant conditions described in Annex D to ”;

(d) in point (b), for “appropriate model health certificate set out in Part 2 of Annex III” substitute “ relevant certificate, in the form published by the appropriate authority from time to time ”.

(8) In the heading for Section 3, for “the Union” substitute “ Great Britain ”.

(9) In Article 6—

(a) in paragraph 1, for point (b) substitute—

(b) any explanatory notes, as published by the appropriate authority from time to time.

(b) omit paragraph 2.

(10) In Article 7, in paragraph 1—

(a) for “the Union” substitute “ Great Britain ”;

(b) for “inspection” substitute “ control ”.

(11) In the heading for Section 4, for “the Union” substitute “ Great Britain ”.

(12) In Article 8—

(a) for “the Union”, in each place, substitute “ Great Britain ”;

(b) in paragraph 1(b), for “Sections A and B of Part 1 and in Section A of Part 3 of Annex II” substitute “ the relevant certificate, in the form published by the appropriate authority from time to time ”.

(13) In Article 9—

(a) in paragraph 1—

(i) in the words before point (a), for “the Union” substitute “ Great Britain ”;

(ii) in point (b), for “set out in Part 1 of Annex V” substitute “ , in the form published by the appropriate authority from time to time ”;

(b) in paragraph 2—

(i) in the words before point (a), for “Member States” substitute “ the appropriate authority ”;

(ii) in point (e), for “set out in Part 3 of Annex V” substitute “ in the form published by the appropriate authority from time to time ”.

(14) In Article 10—

(a) in paragraph 1—

(i) for “the Union”, in each place, substitute “ Great Britain ”;

(ii) in point (c), for “set out in Part 2 of Annex V” substitute “ , as published by the appropriate authority from time to time ”;

(b) in paragraph 2—

(i) in the words before point (a), for “Member States” substitute “ the appropriate authority ”;

(ii) in point (d), for “set out in Part 3 of Annex V” substitute “ , in the form published by the appropriate authority from time to time ”.

(15) In the heading for Section 5, for “the Union”, in both places, substitute “ Great Britain ”.

(16) In Article 11—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in paragraph 1—

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

(ii) for “set out in Annexes II and III” substitute “ , in the form published by the appropriate authority from time to time, ”;

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

(ii) for “set out in Annex II” substitute “ , in the form published by the appropriate authority from time to time, ”;

(iii) after “in accordance with” insert “ the procedures described in ”;

(d) in paragraph 3—

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

(ii) for “set out for the consignment concerned in Annex II or III” substitute “ for the consignment concerned, in the form published by the appropriate authority from time to time, ”.

(17) For Article 12, substitute—

Where a test carried out by, or on behalf of, the appropriate authority, on a sample taken in accordance with Commission Implementing Regulation (EU) 2019/2130, does not confirm the result of a laboratory test attested in a health certificate, in the form published by the appropriate authority from time to time, accompanying equidae or semen, ova or embryos of equidae arriving in Great Britain, the appropriate authority concerned shall ensure that the test is repeated in the national reference laboratory designated for the disease concerned in accordance with Article 4(1) of Regulation (EU) 2017/625.

(18) In Article 13, in paragraph 1, in the words before point (a)—

(a) for “the Union” substitute “ Great Britain ”;

(b) for “set out in Annexes II or III” substitute “ , in the form published by the appropriate authority from time to time, ”.

(19) In Article 14, in paragraph 1, for “the Union” substitute “ Great Britain ”.

(20) In the heading for Section 6, for “the Union” substitute “ Great Britain ”.

(21) In Article 15, in each place, including in the heading, for “the Union” substitute “ Great Britain ”.

(22) In the heading for Section 7, for “the Union” substitute “ Great Britain ”.

(23) In Article 16—

(a) omit paragraph 2 and point (c) of paragraph 4;

(b) in the remaining provisions, in each place—

(i) for “border inspection post” substitute “ border control post ”;

(ii) for “TRACES” substitute “ the appropriate computerised information management system ”;

(iii) except in paragraph 1(b)(i), for “CVED” substitute “ CHED ”;

(i) in point (b)(i), for “Box I.6 of the common veterinary” to “282/2004” substitute “the relevant part of the common health entry document (‘CHED’) referred to in Article 40 of Commission Implementing Regulation (EU) 2019/1715”;

(ii) in point (b)(ii), for “Box I.24” substitute “ the relevant part ”;

(iii) in point (c), for “Box I.7” substitute “ the relevant part ”;

(d) in paragraph 3, omit “and in paragraph 2(b)”;

(e) in paragraph 4—

(i) for point (a) substitute—

(a) inform the border control post of exit, through the appropriate computerised information management system, of the departure from Great Britain of the temporarily admitted registered horse by completing a further Part III of the CHED referred to in point (i) of paragraph 1(b);

(ii) in point (b), for “Box I.7” substitute “ the relevant part ”.

(24) In Article 17—

(a) in each place—

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

(ii) for “CVED” substitute “ CHED ”;

(iii) for “border inspection post” substitute “ border control post ”;

(b) in paragraph 1—

(i) in the words before point (a), “Box I.7” substitute “the relevant part”;

(ii) in point (b), for “the respective Member State” substitute “ Great Britain ”;

(iii) omit point (c).

(25) In Article 18—

(a) in each place—

(i) including in the heading, but except in paragraph 3(d), for “the Union” substitute “ Great Britain ”;

(ii) except in paragraph 3(d), for “CVED” substitute “ CHED ”;

(iii) for “TRACES” substitute “ the appropriate computerised information management system ”;

(iv) for “border inspection post” substitute “ border control post ”;

(b) in paragraph 2—

(i) in point (c), for “Box I.7” substitute “ the relevant part ”;

(ii) in point (d), omit “or, if there had been” to the end;

(i) in point (b)(ii), for “Box I.24” substitute “ the relevant part ”;

(ii) in point (c), for “Box I.6” substitute “ the relevant part ”;

(iii) for point (d) substitute—

(d) deliver to the operator a print of a new CHED: (i) completed with a reference to the number of the CHED delivered previously in accordance with Article 16(1)(c); and (ii) in which the relevant part is completed within the deadline for leaving Great Britain indicated in the CHED;

(iv) in point (e), omit “or, if there had been” to the end.

(26) In Article 19—

(a) in each place—

(i) for “Box I.7” substitute “ the relevant part ”;

(ii) for “CVED” substitute “ CHED ”;

(iii) for “the Union” substitute “ Great Britain ”;

(iv) for “border inspection post” substitute “ border control post ”;

(v) for “TRACES” substitute “ the appropriate computerised information management system ”;

(vi) omit “, or, if there had been a previous movement to another Member State, with Article 16(2)(c)”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) omit “or in Article 16(2)(b)”;

(bb) for “a Member State” substitute “ the appropriate authority ”;

(ii) in point (b)—

(aa) in point (i), for “Part 3 of Annex II” substitute “ the relevant certificate, in the form published by the appropriate authority from time to time ”;

(bb) in point (ii), for “that Member State” substitute “ Great Britain ”;

(i) in the words before point (a), for “Member State” substitute “ appropriate authority ”;

(ii) in point (b)—

(aa) before “internal” insert “Great Britain's”;

(bb) for “Box I.21” substitute “ the relevant part ”;

(d) in paragraph 4, in the words before point (a), omit “where required by the Member State concerned”.

(27) In Article 20—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States” substitute “ The appropriate authority ”;

(ii) in point (a), for “the Union” substitute “ Great Britain ”;

(iii) in point (b), for “in accordance with Section A of Part 2 of Annex II” substitute “ , in the form published by the appropriate authority from time to time, ”;

(iv) in point (c)—

(aa) for “the Member State of origin” substitute “ Great Britain ”;

(bb) for “the Union” substitute “ Great Britain ”;

(b) omit paragraph 2;

(c) in paragraph 3, for “corresponding model health certificates provided for Section B of Part 2 of Annex II” substitute “ health certificate, in the form published by the appropriate authority from time to time, ”;

(d) in paragraph 4—

(i) for “Box I.7” substitute “ the relevant part ”;

(ii) for “CVED” substitute “ CHED ”;

(iii) for “in accordance with Section A of Part 2 of Annex II” substitute “ , in the form published by the appropriate authority from time to time, ”.

(28) In Article 21—

(a) in the words before point (a)—

(i) for “Box I.7” substitute “ the relevant part ”;

(ii) for “CVED” substitute “ CHED ”;

(iii) for “inspection” substitute “ control ”;

(iv) for “the Union” substitute “ Great Britain ”;

(b) in point (b)—

(aa) for “referred to in Article 7(1) of Directive 2009/156/EC as indicated in the health certificate referred to in Article 3(1)(e) of this Regulation,” substitute “ , as indicated in the relevant health certificate, in the form published by the appropriate authority from time to time, ”;

(bb) for “the Union” substitute “ Great Britain ”.

(29) Omit Article 22.

(30) In Article 24—

(a) in the third paragraph omit “Article 16(2)(b), (c) and (d),” and

(b) omit the final paragraph.

(31) In Annex 1—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in the first table (list of third countries, etc.)—

(i) in the final column (specific conditions), in the rows for China and Mexico, for “Chapter 1 of Section B of Part 2 of Annex II”, in both places, substitute “ the model health certificate and declaration, in the form published by the appropriate authority from time to time ”;

(ii) below the row for Egypt insert—

¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.	¹ This is subject to any specific certification requirements for imports from EU member States, Liechtenstein and Norway, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time.
	EU member States, Liechtenstein and Norway ¹		Whole country for each state

(iii) in the row for Iceland, omit the footnote reference;

(iv) in the footnotes following the table—

(aa) in the second footnote (Switzerland), for the text of the footnote substitute “ This is subject to any specific certification requirements for imports from Switzerland, in such form as the Secretary of State may, with the consent of the appropriate authority, publish from time to time. ”;

(bb) omit the fourth footnote (Iceland);

(i) in the rows marked “ES”, “RE” and “EBP”, for “Article” to “2009/156/EC”, in each row, substitute “ Article 2 of Commission Implementing Regulation (EU) 2015/262 ”;

(ii) in the rows marked “SEMEN” and “O/E”, after “92/65/EEC”, in each row, insert “ , to be read as if “in accordance with the procedure referred to in Article 26” were omitted ””;

(d) in the second table of the “Legend to Annex I”, in rows 6 to 15, for the corresponding text in the column headed “Required Health Certificate”, in each of those rows, substitute “ In the form published by the appropriate authority from time to time ”;

(e) in the third table (sanitary groups) of the “Legend to Annex I”, in the second column of the first row, for “the Union” substitute “ Great Britain ”.

(32) Omit Annexes 2, 3 and 5.

PART 4 — Savings and transitional provision and revocations

Saving of the effect of provision in respect of model forms of health certificates

69

Where Part 3 of these Regulations revokes any provision of retained direct EU legislation which would, but for that revocation, have had effect after IP completion day as part of retained EU law in relation to the model forms of health certificates to be used in respect of the importation and movement of animals and animal products into or through Great Britain, that provision is saved and continues to have effect from immediately after IP completion day until the end of the day on 30th September 2021.

General transitional provision relating to the presentation or other use of model forms of health certificates

70

Where Part 3 of these Regulations amends any provision of retained direct EU legislation which, on or after IP completion day, forms part of retained EU law so as to enable the presentation or other use of a model form of health certificate in “the form published by the appropriate authority from time to time”, that amendment does not preclude a model certificate in the form set out in the text of such legislation, as it had effect immediately before IP completion day, from being presented or otherwise used, on or after IP completion day, in connection with the importation and movement of animals or animal products into or through Great Britain instead of the equivalent model certificate, in the form published by the appropriate authority from time to time, from immediately after IP completion day until the end of the day on 30th September 2021.

Power to amend transitional dates

71

(1) The Secretary of State may by regulations amend a date (“a transitional date”), on which certain provisions cease to have effect, or until which certain provisions continue to have effect or until which certain model certificates may continue to be presented or used, specified in—

(a) regulation 26(3) of the Trade in Animals and Related Products Regulations 2011 ;

(b) regulation 69;

(2) The Secretary of State may not exercise the power in paragraph (1)—

(a) to amend a transitional date to a date before 1st July 2021;

(b) without the consent of the appropriate authority.

(3) If the appropriate authority asks the Secretary of State to make regulations under paragraph (1), the Secretary of State must have regard to that request.

(4) Regulations made under paragraph (1) are to be made by statutory instrument.

(5) A statutory instrument containing regulations under paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision;

(b) make different provision for different purposes.

Interpretation

72

(1) In this Part, “appropriate authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(2) But the appropriate authority is the Secretary of State if consent is given by—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers.

Revocations

73

(1) The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019 are revoked.

(2) The retained direct EU legislation listed in the Schedule is revoked.

SCHEDULE — Revocation of retained direct EU legislation

The following retained direct EU legislation is revoked—

1 Commission Decision 93/444/EC on detailed rules governing intra-Community trade in certain live animals and products intended for exportation to third countries.

2 Commission Decision 1995/410/EC laying down the rules for the microbiological testing by sampling in the establishment of origin of poultry for slaughter intended for Finland and Sweden.

3 Commission Regulation (EC) No 599/2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin

4 Commission Regulation (EC) No 1739/2005/EC laying down animal health requirements for the movement of circus animals between Member States.

5 Commission Decision 2006/605/EC on certain protection measures in relation to intra-Community trade in poultry intended for restocking of wild game supplies.

6 Commission Decision 2010/470/EU laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species.

7 Council Decision 2011/408/EU laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived from these by-products coming from Greenland.

8 Commission Implementing Decision 2013/503/EU recognising parts of the Union as free from varroosis in bees and establishing additional guarantees required in intra-Union trade and imports for the protection of their varroosis-free status.

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — 2020-12-07

Explanatory note

(This note is not part of these Regulations)

Footnotes

2018 c. 16. Paragraph 21 of Schedule 7 was amended by paragraph 53 of Part 2 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

S.I. 2011/1197, relevant amending instruments: S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575 and 1037, 2019/1488 and 2020/109.

2018 c. 22.

1971 c. 80.

S.I. 2003/1729, relevant amending instrument: S.I. 2016/280.

A copy of the Agreement can be viewed online at:https://www.gov.uk/government/publications/cs-new-zealand-no12019-uknew-zealand-agreement-on-sanitary-measures-applicable-to-trade-in-live-animals-and-animal-product

S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575 and 1037, 2019/1488 and 2020/109.

S.I. 2019/795, amended by S.I. 2019/778 and 1225.

The following retained direct EU legislation is revoked—

(1) Commission Decision 93/444/EC on detailed rules governing intra-Community trade in certain live animals and products intended for exportation to third countries.

(2) Commission Decision 1995/410/EC laying down the rules for the microbiological testing by sampling in the establishment of origin of poultry for slaughter intended for Finland and Sweden.

(3) Commission Regulation (EC) No 599/2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin

(4) Commission Regulation (EC) No 1739/2005/EC laying down animal health requirements for the movement of circus animals between Member States.

(5) Commission Decision 2006/605/EC on certain protection measures in relation to intra-Community trade in poultry intended for restocking of wild game supplies.

(6) Commission Decision 2010/470/EU laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species.

(7) Council Decision 2011/408/EU laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived from these by-products coming from Greenland.

(8) Commission Implementing Decision 2013/503/EU recognising parts of the Union as free from varroosis in bees and establishing additional guarantees required in intra-Union trade and imports for the protection of their varroosis-free status.

Editorial notes

2018 c. 16. Paragraph 21 of Schedule 7 was amended by paragraph 53 of Part 2 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

S.I. 2011/1197, relevant amending instruments: S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575 and 1037, 2019/1488 and 2020/109.

2018 c. 22.

1971 c. 80.

S.I. 2003/1729, relevant amending instrument: S.I. 2016/280.

S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575 and 1037, 2019/1488 and 2020/109.

S.I. 2019/795, amended by S.I. 2019/778 and 1225.

Reg. 1 in force at 31.12.2020, see reg. 1(3)

Reg. 2 in force at 31.12.2020, see reg. 1(3)

Reg. 3 in force at 31.12.2020, see reg. 1(3)

Reg. 4 in force at 31.12.2020, see reg. 1(3)

Reg. 5 in force at 31.12.2020, see reg. 1(3)

Reg. 6 in force at 31.12.2020, see reg. 1(3)

Reg. 7 in force at 31.12.2020, see reg. 1(3)

Reg. 8 in force at 31.12.2020, see reg. 1(3)

Reg. 9 in force at 31.12.2020, see reg. 1(3)

Reg. 10 in force at 31.12.2020, see reg. 1(3)

Reg. 11 in force at 31.12.2020, see reg. 1(3)

Reg. 12 in force at 31.12.2020, see reg. 1(3)

Reg. 13 in force at 31.12.2020, see reg. 1(3)

Reg. 14 in force at 31.12.2020, see reg. 1(3)

Reg. 15 in force at 31.12.2020, see reg. 1(3)

Reg. 16 in force at 31.12.2020, see reg. 1(3)

Reg. 17 in force at 31.12.2020, see reg. 1(3)

Reg. 18 in force at 31.12.2020, see reg. 1(3)

Reg. 19 in force at 31.12.2020, see reg. 1(3)

Reg. 20 in force at 31.12.2020, see reg. 1(3)

Reg. 21 in force at 31.12.2020, see reg. 1(3)

Reg. 22 in force at 31.12.2020, see reg. 1(3)

Reg. 23 in force at 31.12.2020, see reg. 1(3)

Reg. 24 in force at 31.12.2020, see reg. 1(3)

Reg. 25 in force at 31.12.2020, see reg. 1(3)

Reg. 26 in force at 31.12.2020, see reg. 1(3)

Reg. 27 in force at 31.12.2020, see reg. 1(3)

Reg. 28 in force at 31.12.2020, see reg. 1(3)

Reg. 29 in force at 31.12.2020, see reg. 1(3)

Reg. 30 in force at 31.12.2020, see reg. 1(3)

Reg. 31 in force at 31.12.2020, see reg. 1(3)

Reg. 32 in force at 31.12.2020, see reg. 1(3)

Reg. 33 in force at 31.12.2020, see reg. 1(3)

Reg. 34 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Reg. 35 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Reg. 36 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Reg. 37 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Reg. 38 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Reg. 39 in force at 31.12.2020, see reg. 1(3)

Reg. 40 in force at 31.12.2020, see reg. 1(3)

Reg. 41 in force at 31.12.2020, see reg. 1(3)

Reg. 42 in force at 31.12.2020, see reg. 1(3)

Reg. 43 in force at 31.12.2020, see reg. 1(3)

Reg. 44 in force at 31.12.2020, see reg. 1(3)

Reg. 45 in force at 31.12.2020, see reg. 1(3)

Reg. 46 in force at 31.12.2020, see reg. 1(3)

Reg. 47 in force at 31.12.2020, see reg. 1(3)

Reg. 48 in force at 31.12.2020, see reg. 1(3)

Reg. 49 in force at 31.12.2020, see reg. 1(3)

Reg. 50 in force at 31.12.2020, see reg. 1(3)

Reg. 51 in force at 31.12.2020, see reg. 1(3)

Reg. 52 in force at 31.12.2020, see reg. 1(3)

Reg. 53 in force at 31.12.2020, see reg. 1(3)

Reg. 54 in force at 31.12.2020, see reg. 1(3)

Reg. 55 in force at 31.12.2020, see reg. 1(3)

Reg. 56 in force at 31.12.2020, see reg. 1(3)

Reg. 57 in force at 31.12.2020, see reg. 1(3)

Reg. 58 in force at 31.12.2020, see reg. 1(3)

Reg. 59 in force at 31.12.2020, see reg. 1(3)

Reg. 60 in force at 31.12.2020, see reg. 1(3)

Reg. 61 in force at 31.12.2020, see reg. 1(3)

Reg. 62 in force at 31.12.2020, see reg. 1(3)

Reg. 63 in force at 31.12.2020, see reg. 1(3)

Reg. 64 in force at 31.12.2020, see reg. 1(3)

Reg. 65 in force at 31.12.2020, see reg. 1(3)

Reg. 66 in force at 31.12.2020, see reg. 1(3)

Reg. 67 in force at 31.12.2020, see reg. 1(3)

Reg. 68 in force at 31.12.2020, see reg. 1(3)

Reg. 69 in force at 31.12.2020, see reg. 1(3)

Reg. 70 in force at 31.12.2020, see reg. 1(3)

Reg. 71 in force at 31.12.2020, see reg. 1(3)

Reg. 72 in force at 31.12.2020, see reg. 1(3)

Reg. 73(2) in force at 31.12.2020, see reg. 1(3)

Reg. 73(1) in force at 31.12.2020 before IP completion day, see reg. 1(2)(b)

Sch. in force at 31.12.2020, see reg. 1(3)

100

Word in reg. 53(21)(a)(i) inserted (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 11(2)

101

Words in reg. 69 substituted (30.7.2021) by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 7(2)

102

Words in reg. 70 substituted (30.7.2021) by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 7(2)

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