The Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022

• (ii) for “in accordance with the procedure referred to in Article 14(2)” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”.

• (13) Article 13 is to be read as if—

• (a) in paragraph 1—

• (i) for “in accordance with the procedure referred to in Article 14(2)” there were substituted “by the appropriate authority by regulations”;

• (ii) points (d) and (e) were omitted;

• (b) for paragraph 2 there were substituted—

(2) The appropriate authority may by regulations— (a) modify the Annexes in order to take account of, in particular— (i) scientific opinions and scientific knowledge particularly concerning new risk assessments; (ii) technical developments and amendments to international standards; (iii) the setting of safety targets for animal health; (b) amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022.

• (14) Annex 3 is to be read as if—

• (a) in the title, for “veterinary” there were substituted “health”;

• (b) in paragraph 1, for “veterinary” there were substituted “health”;

• (c) in paragraph 2—

• (i) for “Veterinary” there were substituted “In England and Scotland, health”;

• (ii) for the words from “the official language or languages” to the end there were substituted “at least English.”;

• (d) in paragraph 3—

• (i) for “veterinary” there were substituted “health”;

• (ii) for “the Community” there were substituted “Great Britain”;

• (e) in paragraph 4, for “Veterinary” there were substituted “Health”;

• (f) in paragraph 5, for “veterinary”, in both places where it occurs, there were substituted “health”;

• (g) in paragraph 6, for “veterinary” there were substituted “health”.

Modifications to Directive 2009/156

21

• (1) Directive 2009/156 is modified as follows.

• (2) Article 1 is to be read as if “movement between Member States and” were omitted.

• (3) Article 2 is to be read as if—

• (a) in point (c), in the definition of ‘registered equidae”, for the words from “as defined in Council Directive 90/427/EEC” to “equidae” there were substituted “as mentioned in Article 2(e) of Regulation (EU) 2015/262⁷⁴, and”;

• (b) after point (c), there were inserted—

(ca) ‘unregistered equidae’ means equidae other than those mentioned in paragraph (c);

• (c) in point (d), in the definition of “equidae for slaughter”, “, referred to in Article 7,” were omitted;

• (d) in point (f), in the definition of “Member State or third country free from African horse sickness”, “Member State or”, in both places where it occurs, were omitted;

• (e) in point (h), in the definition of “official veterinarian”, “Member State or of a” were omitted;

• (f) in point (i), in the definition of “temporary admission”, for “Community territory” there were substituted “Great Britain”;

• (g) after paragraph (i), there were inserted—

(j) ‘approved marshalling centre’ means an assembly centre as defined in Article 2(2)(o) of Directive 64/432; (k) ‘Regulation (EU) 2015/262’ means Commission Implementing Regulation (EU) 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae; (l) ‘Regulation (EU) 2018/659’ means 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 equidae⁷⁵.

• (4) The title of Chapter 2 is to be read as if for that title there were substituted “General requirements for the purposes of Articles 13(2), 15(a) and 16(1)”.

• (5) In Article 4—

• (a) in paragraph 1—

• (i) in the second sentence, after “Inspection” there were inserted “of registered equidae”;

• (ii) for the words from “In the case of registered equidae” to the end, there were substituted “Inspection of all other equidae must be carried out on the day of loading of the animals for dispatch to Great Britain”;

• (b) in paragraph 4(a)—

• (i) in the first subparagraph, for “Directive 90/427/EEC” there were substituted “Regulation (EU) 2015/262”;

• (ii) in the second subparagraph, for the words from “shall be adopted” to the end there were substituted “is set out in Articles 34 to 36 of Regulation (EU) 2015/262, as from time to time supplemented by any procedures that may be adopted by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

• (c) in paragraph 4(b), for the words from “accordance with” to the end of that sentence there were substituted “Regulation (EU) 2015/262 and any new methods that may be established by the appropriate authority by regulations”;

• (d) in paragraph 5, in the second subparagraph, for “Commission” there were substituted “appropriate authority”;

• (e) in paragraph 6—

• (i) in the words before point (a), for the words from “Where a Member State draws up” to “from 1 July 2013 for Croatia” there were substituted “The appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, draw up a voluntary or compulsory programme for a disease to which equidae are susceptible”;

• (ii) point (h) were omitted;

• (iii) for the second subparagraph, there were substituted—

The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out any additional guarantees, general or specific, which may be required for importation into Great Britain.

• (iv) the third subparagraph were omitted.

• (6) In Article 5—

• (a) in paragraph 1, for “Member State” there were substituted “third country”;

• (b) in paragraph 2, for “Member State” there were substituted “third country”;

• (c) in paragraph 3, for the words from “specified in” to the end there were substituted—

specified in— (a) in relation to England, the African Horse Sickness (England) Regulations 2012⁷⁶; (b) in relation to Scotland, the African Horse Sickness (Scotland) Order 2012⁷⁷.

• (d) in paragraph 4, for “Article 6(1)(d) of Directive 92/35/EEC” there were substituted “the relevant provisions of the legislation referred to in paragraph 3”;

• (e) in paragraph 5—

• (i) in the words before point (a), for “Member State” there were substituted “third country”;

• (ii) in point (a), for “in accordance with the procedure referred to in Article 21(3)” there were substituted “by the appropriate authority by regulations”;

• (iii) in point (c), for the second subparagraph there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out other monitoring methods;”.

• (7) Article 11 is to be read as if for “the Community” there were substituted “Great Britain”.

• (8) Article 12 is to be read as if—

• (a) in paragraph 1—

• (i) in the first subparagraph—

• (aa) for “the Community” there were substituted “Great Britain”;

• (bb) for the words from “to be drawn up” to the end of that sentence there were substituted “authorised by legislation in force in the relevant constituent territory of Great Britain. The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, draw up lists of third countries from which equidae may be imported.”;

• (ii) in the second subparagraph, for “in accordance with the procedure referred to in Article 21(2)” there were substituted “by the appropriate authority by regulations”;

• (iii) in the third subparagraph, “and from the Community” were omitted;

• (b) paragraph 2—

• (i) in point (a), for “the Community” there were substituted “Great Britain”;

• (ii) in point (d), for “the Community” there were substituted “Great Britain”;

• (iii) in point (f), for “Commission and the Member States” there were substituted “appropriate authority”;

• (iv) in point (h)—

• (aa) “Community” were omitted;

• (bb) for “Commission” there were substituted “appropriate authority”;

• (c) paragraph 3 were omitted.

• (d) in paragraph 4, for “shall be established” to the end there were substituted “, may be established by, or in accordance with a procedure established by, regulations made by the appropriate authority;

• (e) in paragraph 5, for “may be adopted” to the end there were substituted “may be established by, or in accordance with a procedure established by, regulations made by the appropriate authority.

• (9) Article 13 is to be read as if, in paragraph 2—

• (a) in the words before point (a), for “In accordance with the procedure referred to in Article 21(2) it may be decided” there were substituted “The appropriate may, in accordance with a procedure set out by the appropriate authority by regulations, provide”;

• (b) in point (b), for “the Community” there were substituted “Great Britain”.

• (10) Article 14 is to be read as if for “the Member State of destination” there were substituted “Great Britain”.

• (11) Article 15 is to be read as if—

• (a) in the words before point (a), for “drawn up in accordance with” there were substituted “referred to in”;

• (b) in point (a)—

• (i) after “animal health requirements” there were inserted “in Regulation (EU) 2018/659 or any animal health requirements”;

• (ii) for “species in question,” there were substituted “species in question and”;

• (iii) for “in accordance with the procedure referred to in Article 21(2)” there were substituted “by the appropriate authority by regulations”;

• (c) in point (b)(ii)—

• (i) in the first paragraph, for “recognised in accordance with the procedure referred to in Article 21(2)” there were substituted “authorised for use in Regulation 2018/659 or by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

• (ii) for the second paragraph there were substituted—

The appropriate may by regulations set out the categories of male equidae to which this requirement applies.

• (12) Article 16 is to be read as if—

• (a) in paragraph 1—

• (i) in the words before point (a), for “health certificate”, in the first place where it occurs, there were substituted “relevant health certificate, in the form published by the appropriate authority from time to time,”;

• (ii) in point (a), for “the Member State of destination” there were substituted “Great Britain”;

• (iii) in point (b), for the words from “one of the official” to the end there were substituted “English”;

• (iv) the last sentence were omitted;

• (b) paragraph 2 were omitted.

• (13) Article 17 is to be read as if—

• (a) in paragraph 1—

• (i) for “the Member State of destination” there were substituted “Great Britain”;

• (ii) “as referred to in Article 7,” were omitted;

• (iii) for “a period specified in the decisions to be adopted pursuant to Article 15” there were substituted “the period specified in Article 21 of Regulation (EU) 2018/659”;

• (b) in paragraph 2—

• (i) for “in accordance with the procedure referred to in Article 21(2)” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

• (ii) “of the Member State of destination” were omitted.

• (14) Article 19 is to be read as if—

• (a) for the words before point (a), there were substituted “The appropriate authority may by regulations set out a procedure to”;

• (b) in point (a), for “it may be decided that” there were substituted “determine that”;

• (c) in point (b)—

• (i) at the beginning there were inserted “establish that,”;

• (ii) in both places where it occurs, for “Community territory” there were substituted “Great Britain”;

• (iii) “, shall be established” were omitted;

• (d) in point (c)—

• (i) at the beginning there were inserted “determine that”;

• (ii) “shall be determined” were omitted;

• (e) in point (d)—

• (i) at the beginning there were inserted “designate”;

• (ii) for “may be designated and” there were substituted “and provide”;

• (iii) for “Community” there were substituted “national”;

• (iv) for “the Member States shall be provided for” there were substituted “Great Britain”.

• (15) Article 20 is to be read as if for the existing text there were substituted—

(20) The appropriate authority may by regulations modify Annexes 1 and 4, or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022.

• (16) In Annex 4, in Part B—

• (a) in the words before point 1, in the fourth subparagraph, “the European Union Reference Laboratory or” were omitted;

• (b) in point 2.1, in the first paragraph, the second and third sentences were omitted.

Modifications to Directive 2009/158

22

• (1) Directive 2009/158 is modified as follows.

• (2) Article 1 is to be read as if “intra-Community trade in, and” were omitted.

• (3) Article 2 is to be read as if—

• (a) in the first paragraph, for the words from “and ‘third country’” to the end there were substituted “has the meaning given in Article 3 of the Official Controls Regulation”;

• (b) in point 11, in the definition of “approved laboratory”, “located in the territory of a Member State,” were omitted;

• (c) in point 14, in the definition of “outbreak”, for the words from “means an outbreak” to the end there were substituted “means the holding or place situated in the territory of the relevant third country where animals are assembled and where one or more cases has or have been officially confirmed”.

• (4) The title of Chapter 2 is to be read as if for that title there were substituted “ANIMAL HEALTH CONDITIONS RETAINED FOR THE PURPOSE OF SETTING IMPORT REQUIREMENTS IN REGULATIONS MADE UNDER ARTICLE 25(1)(b)”.

• (5) Article 5 is to be read as if—

• (a) for “traded in the Community” there were substituted “imported into Great Britain”;

• (b) point (d) were omitted.

• (6) Article 6 is to be read as if, in point (a)(iii), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.

• (7) Article 8 is to be read as if, in paragraph 1(a)—

• (i) in point (i), “Community” were omitted;

• (ii) in point (iii), in the first indent, for “during the” there were substituted “at the time specified in the health certificate, and in any event not more than”.

• (8) Article 10 is to be read as if, in point (a), “Community” were omitted.

• (9) Article 11 is to be read as if—

• (a) in point (a), for “or for more than” there were substituted “or, where that is not the case, for the time period specified in the health certificate which must be more than”;

• (b) in point (d), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.

• (10) Article 12 is to be read as if, in paragraph 1—

• (a) for point (a) there were substituted—

(a) where it has been held since hatching or, provided the period specified in the health certificate is more than 21 days, for that period; (ab) where the poultry to be consigned have not been placed in contact with newly arrived poultry during the two weeks preceding consignment;

• (b) in point (c), for “during the” there were substituted “, at the time specified in the health certificate but in any event not more than”;

• (c) in point (d), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.

• (11) Article 14 is to be read as if—

• (a) in paragraph 1, for “intra-Community trade in” there were substituted “imports of “;

• (b) in paragraph 2—

• (i) in point (a), for “Community” there were substituted “relevant third country”;

• (ii) in point (e), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.

• (12) Article 15 is to be read as if—

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

• (i) for “Member States”, in both places where it occurs, there were substituted “third countries”;

• (ii) for “a Member State or region of a Member State” there were substituted “Great Britain or a region of Great Britain”;

• (b) in paragraph 2—

• (i) for the first, second and third subparagraphs there were substituted—

The appropriate authority may by regulations or in accordance with a procedure set out by the appropriate authority by regulations, for the territory for which it is responsible or for a region of that territory, draw up a programme, as referred to in Article 16(1), for the control of Newcastle disease for the purpose of establishing Newcastle disease non-vaccinating status. The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out any additional guarantees, general or specific, which may be required for importation into Great Britain. Where the appropriate authority considers that a region of Great Britain in the territory for which it is responsible has achieved Newcastle disease non-vaccinating status, the appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, determine that Newcastle disease non-vaccinating status has been established.

• (ii) in the fourth subparagraph—

• (aa) in the words before point (a), for “a Member State’s or region’s status as Newcastle disease non-vaccinating” there were substituted “Newcastle disease non-vaccinating status”;

• (bb) in point (a), for the words from “except for the compulsory vaccination” to the end there were substituted “except where there is a compulsory vaccination programme for racing pigeons established by the appropriate authority”;

• (cc) in point (b), for “in accordance with the procedure referred to in Article 33(2)” there were substituted “by the appropriate authority by regulations”;

• (dd) in point (c), for “Article 17(3) of Directive 92/66/EEC” there were substituted “a compulsory vaccination programme established by the appropriate authority”;

• (c) in paragraph 3, in the words before point (a)—

• (i) for “Commission” there were substituted “appropriate authority”;

• (ii) for “in accordance with the procedure referred to in Article 33(2)” there were substituted “in accordance with a procedure set out by the appropriate authority by regulations,”.

• (13) Article 16 is to be read as if—

• (a) in paragraph 1—

• (i) for “Where a Member State draws up or has drawn up” there were substituted “The appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, draw up”;

• (ii) “it may present the programme to the Commission,” were omitted;

• (b) for paragraph 2, there were substituted—

(2) The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out any additional guarantees, general or specific, which may be required for importation into Great Britain.

• (c) paragraph 3 were omitted.

• (14) Article 17 is to be read as if—

• (a) in paragraph 1—

• (i) in the words before point (a)—

• (aa) for “a Member State” there were substituted “the appropriate authority”;

• (bb) for “it shall present to the Commission appropriate supporting documentation,” there were substituted “the appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, draw up a plan”;

• (ii) in point (a), for “that Member State” there were substituted “Great Britain”;

• (b) for paragraph 2 there were substituted—

(2) The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out any additional guarantees, general or specific, which may be required for importation into Great Britain.

• (c) paragraph 3 were omitted.

• (15) Article 18 is to be read as if—

• (a) in paragraph 2(b)(i), for “Member State” there were substituted “third country”;

• (b) in paragraph 7, for “competent authority of the Member State” there were substituted “competent authority of the third country”.

• (16) Article 21 is to be read as if—

• (a) for the words from “The Member States of destination” to “one or more Member States” there were substituted “Third countries”;

• (b) after “of dispatch” there were inserted “may be granted by the appropriate authority”;

• (c) for “Article 20” there were substituted “Article 26”.

• (17) Article 22 is to be read as if for “the Community” there were substituted “Great Britain”.

• (18) Article 23 is to be read as if—

• (a) in paragraph 1, for the words from “on a list drawn up by the Commission” to the end there were substituted—

on a list authorised by legislation in force in the relevant constituent territory of Great Britain. The appropriate authority may by regulations draw up lists of third countries from which poultry and hatching eggs covered by this Directive may be imported into Great Britain.

• (b) in paragraph 2—

• (i) in point (a), for “the Member States” there were substituted “Great Britain”;

• (ii) in point (g), for “Community rules” there were substituted “legislation in force in the relevant constituent territory of Great Britain”;

• (c) paragraph 3 were omitted.

• (19) Article 24 is to be read as if—

• (a) in paragraph 1—

• (i) in point (a), for the words from “and Newcastle disease” to the end there were substituted “and Newcastle disease, as referred to in the Diseases of Poultry Orders, are legally notifiable diseases”;

• (ii) in point (b), for “Directives 2005/94/EC and 92/66/EEC respectively” there were substituted “the Diseases of Poultry Orders”;

• (b) in paragraph 2, for “The Commission may, in accordance with the procedure referred to in Article 33(2), decide” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, determine”.

• (20) Article 25 is to be read as if—

• (a) in paragraph 1—

• (i) in the words before point (a), for “drawn up in accordance with” there were substituted “referred to in”;

• (ii) in point (a), for “in accordance with the procedure referred to in Article 33(2)” there were substituted “by the appropriate authority by regulations”;

• (iii) in point (b), for “in accordance with the procedure referred to in Article 33(2)” there were substituted “by the appropriate authority by regulations”;

• (b) in paragraph 2, for “In accordance with the procedure referred to in Article 33(2), derogations may be granted” there were substituted “The appropriate authority may by regulations grant derogations”.

• (21) Article 26 is to be read as if—

• (a) in paragraph 1—

• (i) in the first subparagraph, for “certificate” there were substituted “relevant health certificate, in the form published by the appropriate authority from time to time, that is”;

• (ii) in point (a), for “the Member State of destination” there were substituted “Great Britain”;

• (iii) in point (b), for “the official language or languages of the Member State of destination” there were substituted “at least English”;

• (iv) in point (e), for “five” there were substituted “ten”;

• (b) paragraph 2 were omitted.

• (22) Article 28 is to be read as if—

• (a) in paragraph 1, for “The Commission may, in accordance with the procedure referred to in Article 33(3), decide” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, determine”;

• (b) in paragraph 2, for “The Commission may, in accordance with the procedure referred to in Article 33(2)” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations,”.

• (23) Article 29 is to be read as if—

• (a) for “the Commission may, in accordance with the procedure referred to in Article 33(2), decide to permit” there were substituted “the appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, permit”;

• (b) for “shall be drawn up at the same time in accordance with the same procedure” there were substituted “may be prescribed by the appropriate authority by regulations”.

• (24) Article 30 is to be read as if—

• (a) for “the Member State of destination”, in the first place where it occurs, there were substituted “Great Britain”;

• (b) for “in accordance with the procedure referred to in Article 33(3)” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

• (c) “of the Member State of destination” were omitted.

• (25) Article 34 is to be read as if—

• (a) for “Amendments to Annexes I to V” there were substituted “The appropriate authority may by regulations modify Annexes 1 to 3, or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022,”;

• (b) “, shall be decided in accordance with the procedure referred to in Article 33(2)” were omitted.

• (26) Annex 1 is to be read as if—

• (a) “designated in accordance with Article 4” were omitted;

• (b) “in each Member State” were omitted.

• (27) Annex 2 is to be read as if—

• (a) in Chapter 1, in point 1, for “intra-Community trade” there were substituted “importation into Great Britain”;

• (b) in Chapter 2—

• (i) in point A(2)—

• (aa) in subparagraph (b), in the second indent, “in the Community” were omitted;

• (bb) in subparagraph (e)(ii), for “the same Member State” there were substituted “the relevant third country”;

• (ii) in point B(2)—

• (aa) in subparagraph (b), in the first indent, “Community” were omitted;

• (bb) in subparagraph (e), in the first indent, for “trade within the Union or export to a third country” there were substituted “for importation into Great Britain”;

• (c) in Chapter 3, in point A(2)(d), for “in the Member State” there were substituted “in the country”.

• (28) Annex 3 is to be read as if—

• (a) in point 1, for “any Member State” there were substituted “the relevant country”;

• (b) in point 2, for “Commission” there were substituted “appropriate authority”;

• (c) in point 3, for “Directive 2001/82/EC of the European Parliament and of the Council” there were substituted “the Veterinary Medicines Regulations 2013”.

SCHEDULE — Lists of provisions of EU Directives containing legislative and other functions

1

In Directive 64/432—

• (a) Article 9(1), together with Annex E(2);

• (b) Article 9(2);

• (c) Article 10(2), together with Article 10(1) and Annex E(2);

• (d) Article 16;

• (e) in Section 1 of Annex A—

• (i) paragraph 4;

• (ii) paragraph 5;

• (f) in Section 2 of Annex A—

• (i) paragraph 1(d);

• (ii) paragraph 2(b);

• (iii) in paragraph 2(c), the second subparagraph;

• (iv) in paragraph 3A, point (b) of the third subparagraph;

• (v) in paragraph 6A, the second subparagraph;

• (vi) paragraph 7;

• (vii) paragraph 9;

• (viii) paragraph 10;

• (g) in Annex B—

• (i) point 2.2.5.3.5;

• (ii) point 3;

• (h) in Chapter 1 of Annex D—

• (i) Section E;

• (ii) Section F(d);

• (iii) in Section G—

• (aa) the first paragraph;

• (bb) the second paragraph.

2

In Directive 88/407—

• (a) in Article 8(1), the second subparagraph, together with Article 8(2);

• (b) in Article 9(2), the third subparagraph;

• (c) Article 9(3);

• (d) in Article 10(2), the first subparagraph, together with the second subparagraph;

• (e) Article 10(3);

• (f) Article 17.

3

In Directive 89/556—

• (a) in Article 7(1), the second subparagraph, together with Article 7(2);

• (b) in Article 8(2), the third subparagraph;

• (c) Article 8(3);

• (d) in Article 9(1)(b), the first subparagraph, together with the second subparagraph and Article 9(3);

• (e) Article 9(2);

• (f) Article 16;

• (g) in Chapter 2 of Annex A—

• (i) point 1(h);

• (ii) point (m);

• (iii) point (n).

4

In Directive 90/429—

• (a) in Article 7(1), the second subparagraph, together with Article 7(2);

• (b) Article 8(2), the third subparagraph;

• (c) Article 8(3);

• (d) in Article 9(2), the first subparagraph, together with the second subparagraph;

• (e) Article 9(3);

• (f) Article 17;

• (g) point 6(g) of Chapter 2 of Annex A.

5

In Directive 91/68—

• (a) the third indent of Article 6(a)(i);

• (b) the third indent of Article 6(c);

• (c) Article 7(1);

• (d) Article 7(2);

• (e) Article 8(1);

• (f) Article 14(1);

• (g) Article 14(2);

• (h) point C(3) of Section 1 of Chapter 1 of Annex A;

• (i) in Section 2 of Chapter 1 of Annex A—

• (i) the first paragraph;

• (ii) the third indent of point 2(i);

• (j) the first paragraph of Annex C.

6

In Directive 92/65—

• (a) Article 6(A)(2)(c);

• (b) Article 6(A)(4);

• (c) in Article 7(A)(2)(a), the second subparagraph;

• (d) in Article 7(A)(2)(b), the second subparagraph;

• (e) in Article 8(a), the third subparagraph;

• (f) in Article 11(3), the third subparagraph;

• (g) in Article 11(4), the third subparagraph;

• (h) in Article 11(5), the first subparagraph;

• (i) in Article 13(2)(d), the third subparagraph;

• (j) Article 14(1);

• (k) Article 14(2);

• (l) Article 15(1);

• (m) in Article 17(2)(b)(ii), the first subparagraph;

• (n) in Article 17(3), point (a) of the first subparagraph, together with Chapter 2 (General requirements applicable to imports for the purposes of Articles 16, 17 and 18);

• (o) in Article 17(3), point (b) of the first subparagraph;

• (p) in Article 17(3), the sixth subparagraph;

• (q) Article 17(4)(a)(iii);

• (r) the fourth indent of Article 18(1);

• (s) Article 19(a);

• (t) Article 19(b);

• (u) Article 21;

• (v) Article 22;

• (w) Article 23.

7

In Directive 92/118—

• (a) in Article 5, the second paragraph;

• (b) Article 6;

• (c) in Article 10(2)(a), the second subparagraph, together with Article 10(4) and Chapter 2 (Guarantees applicable to imports for the purposes of Article 9);

• (d) Article 10(3)(a), together with Article 10(4) and Chapter 2;

• (e) Article 10(3)(c), together with Article 10(4) and Chapter 2;

• (f) Article 11;

• (g) in Article 15, the first paragraph;

• (h) in Article 15, the second paragraph;

• (i) Section 3 of Chapter 7 of Annex 1.

8

In Directive 2002/99—

• (a) in Article 4(1), paragraph (a) of the second subparagraph;

• (b) Article 4(2)(a);

• (c) in Article 4(3), the first subparagraph, together with the second subparagraph;

• (d) in Article 4(3), the second subparagraph;

• (e) in Article 8, the first paragraph and the first subparagraph of paragraph 1, together with the second to fourth subparagraphs of paragraph 1;

• (f) in Article 8, the first paragraph and paragraph 3;

• (g) in Article 8, the first paragraph and paragraph 4;

• (h) in Article 8, the first paragraph and the first indent of paragraph 5;

• (i) in Article 8, the first paragraph and the second indent of paragraph 5;

• (j) in Article 8, the first paragraph and the third indent of paragraph 5;

• (k) Article 9(4)(a);

• (l) Article 9(4)(c);

• (m) Article 11.

9

In Directive 2004/68—

• (a) in Article 3(1), the second subparagraph,, together with Article 4;

• (b) in Article 3(1), the third subparagraph, together with the fourth subparagraph;

• (c) Article 3(2);

• (d) Article 4(h);

• (e) in Article 6(1), the first subparagraph, together with the second subparagraph and Article 6(2) and (3);

• (f) Article 7(e);

• (g) Article 8;

• (h) in Article 9;

• (i) in Article 10, the first paragraph, together with the second paragraph;

• (j) Article 11(4);

• (k) Article 13(1)(a);

• (l) Article 13(1)(b);

• (m) Article 13(1)(c);

• (n) Article 13(2).

10

In Directive 2009/156—

• (a) in Article 4(4)(a), the second subparagraph;

• (b) Article 4(4)(b);

• (c) in Article 4(6), the first subparagraph;

• (d) in Article 4(6), the second subparagraph;

• (e) in Article 5(5)(c), the second subparagraph;

• (f) in Article 12(1), the first subparagraph, together with Article 12(2) and (3);

• (g) in Article 12(1), the second subparagraph, together with the third subparagraph;

• (h) Article 12(4);

• (i) Article 12(5);

• (j) Article 13(2)(a), together with Article 5(2) and (5);

• (k) Article 13(2)(b);

• (l) in Article 15(a), the first subparagraph, together with the second subparagraph and Chapter 2 (General requirements for the purposes of Articles 13(2), 15(a) and 16(1));

• (m) in Article 15(b)(ii), the first subparagraph;

• (n) in Article 15(b)(ii), the second subparagraph;

• (o) Article 16(1), together with Article 4(4);

• (p) Article 17(2);

• (q) Article 19(a);

• (r) Article 19(b);

• (s) Article 19(c);

• (t) Article 19(d);

• (u) Article 20.

11

In Directive 2009/158—

• (a) in Article 15(2), the first subparagraph;

• (b) in Article 15(2), the second subparagraph;

• (c) in Article 15(2), the third subparagraph, together with the fourth subparagraph;

• (d) in Article 15(2), point (b) of the fourth subparagraph;

• (e) Article 15(3);

• (f) Article 16(1);

• (g) Article 16(2);

• (h) Article 17(1);

• (i) Article 17(2);

• (j) Article 21;

• (k) in Article 23(1), the second subparagraph, together with Article 23(2);

• (l) Article 24(2);

• (m) Article 25(1)(a);

• (n) Article 25(1)(b), together with Article 25(2) and Chapter 2 (Animal health conditions retained for the purpose of setting import requirements in regulations made under Article 25(1)(b));

• (o) Article 28(1);

• (p) Article 28(2);

• (q) Article 29, together with Chapter 2;

• (r) in Article 30, the second paragraph;

• (s) Article 34.

Signed

Benyon — Minister of State — Department for Environment, Food and Rural Affairs — 2022-12-12

Explanatory note

(This note is not part of these Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(f) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union. The retained EU law concerns the importation of animals and related animal products into Great Britain, or the transit of animals or related animal products through Great Britain.

The domestic legislation listed below requires consignments of animals or animal products that are being imported into or transiting through Great Britain to comply with animal and public health requirements of EU directives and other EU Regulations and Decisions that are set out in Schedule 1 of the following instruments—

• (a) the Trade in Animals and Related Products Regulations 2011 (see regulations 15(3)(a) and 18(3) of and Schedule 1 to those Regulations);

• (b) the Trade in Animals and Related Products (Scotland) Regulations 2012 (see regulations 13(3)(a) and 16(3) of and Schedule 1 to those Regulations).

In Part 2, regulations 5 and 6 amend the legislation listed in points (a) and (b) above, to replace Schedule 1 to those instruments with a new, updated list of legislation in regulation 7(2) (see Part 3 of these Regulations).

In Part 3, regulation 7(1) introduces the list of legislation that replaces Schedule 1 of the domestic instruments and regulation 7(2) then lists the legislation that contains the animal and public health requirements required for importation into Great Britain.

In Part 4, regulation 8(1) introduces the list of functions set out in the Schedule that are being transferred from EU bodies to the appropriate authority in England or Scotland. Regulation 8(2) and (3) refers to the list of functions of the EU Directives, and other associated provisions that are relevant or connected to the listed function, that are conferred on the appropriate authority by these Regulations and makes those functions and associated provisions exercisable in domestic law. Regulation 9 sets out the regulation-making procedure for the exercise of any functions listed in the Schedule that are legislative powers.

In Part 5, regulations 10 to 22 set out the modifications made to the provisions of the EU Directives listed in regulation 7(2)(a) and to the functions and associated provisions of those EU Directives listed in the Schedule.

The Schedule lists the provisions of the EU Directives that confer functions on the appropriate authority, together with any other provisions that are either relevant or connected to the exercise of a listed function.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

Footnotes

Editorial notes