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The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

Type Statutory-Instrument

Publication 2020-12-09

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 9th December 2020

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of, paragraph 7 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union Withdrawal Act 2018 , makes the following Regulations.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of these Regulations was laid before and approved by a resolution of each House of Parliament.

PART 1 — Introductory

Citation and commencement

1

These Regulations may be cited as the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 and come into force on IP completion day , except Part 5 which comes into force immediately before IP completion day.

PART 2 — Amendments to Regulation (EU) 2017/625

Amendments to Regulation (EU) 2017/625 of the European Parliament and of the Council

2

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 is amended in accordance with regulations 3 to 29.

Amendments to Title 1

3

(1) In Article 1—

(a) in paragraph 1—

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

(ii) for point (c) substitute—

(c) arrangements for administrative assistance and cooperation in relation to the rules referred to in paragraph 2;

(iii) in point (d), omit “by the Commission in Member States and”;

(iv) in point (e), for “the Union” substitute “ Great Britain ”;

(b) in paragraph 2, in the opening words, omit the words from “, whether” to “legislation,”;

(d) in paragraph 4(b) and (c)—

(i) immediately before “Directive”, in both places where it occurs, insert “ legislation which transposed ”;

(ii) at the end of both subparagraphs, insert “ in each constituent territory of Great Britain ”;

(e) in paragraph 5—

(i) for “108” substitute “ 107 ”;

(ii) omit “, Article 130”.

(2) In Article 3—

(a) in point (2), omit “whether at Union or national level”;

(b) after point (2) insert—

(2A) ‘the appropriate authority’ means, subject to point (2B)— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers; (c) in relation to Scotland, the Scottish Ministers; (2B) The appropriate authority is the Secretary of State— (a) in relation to any functions exercisable in relation to a matter which is outside devolved competence; or (b) in any other case, if consent is given— (i) in the case of functions conferred, or any provision in regulations applying, in relation to Wales, by the Welsh Ministers; (ii) in the case of functions conferred, or any provision in regulations applying, in relation to Scotland, by the Scottish Ministers; (2C) For the purposes of point (2B)(a), a provision is “outside devolved competence”— (a) in relation to Wales, if it would not be within the legislative competence of the Senedd Cymru if it were contained in an Act of the Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 , that such consent were given); (b) in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (2D) ‘third country’ means any country or territory outside the British Islands;

(i) in the words before point (a), for “competent authorities” substitute “ the competent authority ”;

(ii) in point (a), for “central authorities of a Member State” substitute “ appropriate authority ”;

(iii) in point (c), after “third country” insert “ , of Northern Ireland or of any of the Crown Dependencies ”;

(d) after point (3) insert—

(3A) ‘Crown Dependency’ means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man;

(e) in point (4)—

(i) for “a Member State” substitute “ Great Britain ”;

(ii) after “third country”—

(aa) in the first place where it occurs, insert “ , of Northern Ireland or of any of the Crown Dependencies ”;

(bb) in the second place where it occurs, insert “ , in Northern Ireland or in any of the Crown Dependencies ”;

(f) in point (7), omit “in a Member State”;

(g) in point (36), for the words from “means pesticide” to the end, substitute “ means any apparatus specifically intended for the application of pesticides, including accessories that are essential for the effective operation of such equipment, such as nozzles, manometers, filters, strainers and cleaning devices for tanks ”;

(h) in point (38), for “a Member State” substitute “ the competent authority ”;

(i) in point (39)—

(aa) for “a Member State” substitute “ the competent authority ”;

(bb) for “the Union” substitute “ British Islands ”;

(j) for point (40) substitute—

(40) ‘entering Great Britain’ or ‘entry into Great Britain’ means the action of bringing animals and goods into Great Britain from a third country;

(k) after point (40) insert—

(40A) “first arrival' means the point of first arrival in Great Britain from a third country;

(l) in point (41) at the end, insert “ , which take effect as retained direct EU legislation, or, as the case may be, by regulations made under those Articles. ”;

(m) in point (44), for the words from “one of the territories”, in the first place where they occur, to the end substitute “ one part of the British Islands, or from one part of the British Islands to another part, having passed through the territory of a third country; ”.

Amendments to Title 2, Chapter 1

4

(1) In the heading to Title 2, omit “IN MEMBER STATES”.

(2) In Article 4—

(a) in paragraph 1—

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

(ii) for “they confer” substitute “ it confers ”;

(b) in paragraph 2—

(i) in the opening words--—

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

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

(ii) point (a) becomes part of the opening words;

(iii) omit point (b) and “and” immediately preceding point (b);

(i) for the opening words substitute “ The appropriate authority must make publicly available, by publishing online, the contact details of— ”;

(ii) omit point (b);

(iii) omit the final subparagraph.

(3) In Article 7, omit “in accordance with national law”.

(4) In Article 8—

(a) in paragraph 1—

(i) for “under national or Union legislation” substitute “ by law ”;

(ii) for “Member States” substitute “ the appropriate authority ”;

(b) in paragraphs 3 and 5, for “Union or national legislation” substitute “ law ”.

Amendments to Title 2, Chapter 2, Section 1

5

(1) In Article 9—

(a) in paragraph 2, for the words from “through the” to “108”, substitute “ by other competent authorities ”;

(b) in paragraph 3(b)—

(i) omit “by the Commission”;

(ii) at the end, insert “ and which take effect as retained direct EU legislation, or, as the case may be, regulations made under those Articles ”;

(i) for point (a) substitute—

(a) available on the market in Great Britain;

(ii) in points (b) and (c), for “the Union” substitute “ Great Britain ”;

(d) in paragraph 7—

(i) for “Member States of destination” substitute “ the competent authority responsible for the constituent territory of destination in Great Britain ”;

(ii) for “another Member State” substitute “ a different constituent territory of the British Islands ”.

(2) In Article 10(3), for the words from “Commission” to “amend” substitute “ appropriate authority may make regulations amending ”.

(3) In Article 11(1)(d), for “referred to in Article 139” substitute “ applicable in relation to breaches of this Regulation ”.

(4) In Article 15—

(a) in paragraph 3, for “the Union” substitute “ Great Britain ”;

(b) in paragraph 4—

(i) for “The Commission may, by means of implementing acts,” substitute “ The appropriate authority may, by regulations, ”;

(ii) omit the words from “Those implementing acts” to the end.

Amendments to Title 2, Chapter 2, Section 2

6

(1) In Article 16—

(a) in paragraph 2, in the opening words, for the words from “adopting” to “Commission” substitute “ making regulations provided for in this Section, the appropriate authority ”;

(b) in paragraph 3—

(i) in the opening words—

(aa) for the words from “adopting” to “implementing acts” substitute “ making regulations ”;

(bb) for “Commission” substitute “ appropriate authority ”;

(ii) in point (a), for “delegated acts and implementing acts” substitute “ regulations ”.

(2) In Article 18—

(a) in paragraph 7, in the opening words, for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 8—

(i) in the opening words, for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(ii) omit the final subparagraph;

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

(ii) omit the words from “Those national measures” to the end.

(3) In Article 19—

(a) in paragraph 2—

(i) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(ii) for “Those delegated acts” substitute “ Those regulations ”;

(b) in paragraph 3—

(i) in the opening words, for the words from “Commission to “lay” substitute “appropriate authority may make regulations laying”;

(ii) in point (c), for “108” substitute “ 107 ”;

(iii) omit the words from “Those implementing acts” to the end.

(4) In Article 20—

(a) in paragraph 2, in the opening words—

(i) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(ii) omit “Union”;

(iii) for “Those delegated acts” substitute “ Those regulations ”;

(b) in paragraph 3—

(i) in the opening words, for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(ii) omit the words from “Those implementing acts” to the end.

(5) In Article 21—

(a) in paragraph 2(a) and (b), for “between Member States and with” in each place where it occurs, substitute “ from Great Britain to ”;

(b) in paragraph 6—

(i) in point (a), for “Member States” substitute “ competent authority ”;

(ii) in points (b) and (c), for “Member State” in both places where it occurs, substitute “ competent authority ”;

(i) in the opening words—

(aa) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(bb) for “Union” substitute “ the ”;

(cc) for “Those delegated acts” substitute “ Those regulations ”;

(ii) in point (d), for “108” substitute “ 107 ”;

(d) in paragraph 9—

(i) in the opening words—

(aa) for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(bb) omit “Union”;

(ii) omit the final subparagraph.

(6) In Article 22—

(a) in paragraph 2—

(i) in the opening words—

(aa) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(bb) for “Union” substitute “ the ”;

(cc) for “Those delegated acts” substitute “ Those regulations ”;

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

(b) in paragraph 3—

(i) in the opening words—

(aa) for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(bb) for “Union” substitute “ the ”;

(ii) omit the final subparagraph.

(7) In Article 23—

(a) in paragraph 2—

(i) in the opening words—

(aa) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(bb) for “Those delegated acts” substitute “ Those regulations ”;

(ii) in point (a)—

(aa) in point (i), after “in accordance with” insert “ legislation in force in the relevant constituent territory of Great Britain which transposed ”;

(bb) in point (ii), for “point (e) of Article 13(2) of Directive 2001/18/EC” substitute “ the monitoring plan referred to in Regulation 16(2)(g) of the Genetically Modified Organisms (Deliberate Release) Regulations 2002 or corresponding legislation in force in any of the constituent territories of Great Britain ”;

(b) in paragraph 3—

(i) in the opening words, for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(ii) in point (a)—

(aa) after “in accordance with” insert “ the legislation which transposed ”;

(bb) after “Directive 2001/18/EC” insert “ in the relevant constituent territory of Great Britain ”;

(iii) in point (b), for “point (e) of Article 13(2) of Directive 2001/18/EC” substitute “ regulation 16(2)(g) of the Genetically Modified Organisms (Deliberate Release) Regulations 2002 or corresponding legislation in force in any of the constituent territories of Great Britain ”;

(iv) omit the final subparagraph.

(8) In Article 24—

(a) in paragraph 2(a), for the words from “Article 8” to the end substitute “ regulation 11 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 , or, as the case may be, section 8 of the Water Environment and Water Services (Scotland) Act 2003 ; ”;

(b) in paragraph 3—

(i) in the opening words—

(aa) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(bb) for “Those delegated acts” substitute “ Those regulations ”;

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

(i) for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

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

(iii) omit the final subparagraph.

(9) In Article 25—

(a) In the opening words, for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(b) omit point (b);

(d) omit the final subparagraph.

(10) In Article 26—

(a) in paragraph 2—

(i) in the opening words, for the words from “Commission” to “by” substitute “ appropriate authority may make regulations ”;

(ii) for “Those delegated acts” substitute “ Those regulations ”;

(b) in paragraph 3—

(i) in the opening words, for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(ii) in point (a), for “108” substitute “ 107 ”;

(iii) omit the final subparagraph.

(11) In Article 27—

(a) in paragraph 1, in the opening words—

(i) for the words from “Commission” to “Article 144” substitute “ appropriate authority may make regulations ”;

(ii) for “Those delegated acts”, in both places where the words occur, substitute “ Those regulations ”;

(b) in paragraph 2—

(i) for the words from “Commission” to “lay” substitute “ appropriate authority may make regulations laying ”;

(ii) omit the words from “Those implementing acts” to the end;

Amendments to Title 2, Chapter 3

7

In Article 28(2), for “a Member State” substitute “ the appropriate authority ”.

Amendments to Title 2, Chapter 4

8

(1) In Article 34—

(a) in paragraph 1, for “Union rules” substitute “ legislation in force in the relevant constituent territory of Great Britain ”;

(b) in paragraph 2—

(i) in the opening words, omit “the Union”;

(ii) in point (a)—

(aa) in the first subparagraph, omit the words from “including” to “accepted”;

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