The Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022

Made: 15 December 2022

Coming into force: 16 December 2022

In accordance with paragraph 1(8) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before, and approved by, a resolution of Senedd Cymru[^f00003].

PART 1 — Introduction

Title, commencement and application

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• (1) The title of these Regulations is the Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022.

• (2) These Regulations come into force on 16 December 2022 and apply in relation to Wales.

Interpretation

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• (1) The words and expressions listed in paragraph (2), as used in these Regulations and in the EU Directives modified by Part 5, have the meanings given in paragraph (2).

• (2) The words and expressions are—

• “Directive 64/432” (“Cyfarwyddeb 64/432”) means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine[^f00004] as it had effect immediately before implementation period completion day;

• “Directive 88/407” (“Cyfarwyddeb 88/407”) means Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species[^f00005] as it had effect immediately before implementation period completion day;

• “Directive 89/556” (“Cyfarwyddeb 89/556”) means Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species[^f00006] as it had effect immediately before implementation period completion day;

• “Directive 90/429” (“Cyfarwyddeb 90/429”) means Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species[^f00007] as it had effect immediately before implementation period completion day;

• “Directive 91/68” (“Cyfarwyddeb 91/68”) means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals[^f00008] as it had effect immediately before implementation period completion day;

• “Directive 92/65” (“Cyfarwyddeb 92/65”) means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC[^f00009] as it had effect immediately before implementation period completion day;

• “Directive 92/118” (“Cyfarwyddeb 92/118”) means Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC[^f00010] as it had effect immediately before implementation period completion day;

• “Directive 2002/99” (“Cyfarwyddeb 2002/99”) means Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption[^f00011] as it had effect immediately before implementation period completion day;

• “Directive 2004/68” (“Cyfarwyddeb 2004/68”) means Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals[^f00012] as it had effect immediately before implementation period completion day;

• “Directive 2009/156” (“Cyfarwyddeb 2009/156”) means Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae[^f00013] as it had effect immediately before implementation period completion day;

• “Directive 2009/158” (“Cyfarwyddeb 2009/158”) means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs[^f00014] as it had effect immediately before implementation period completion day;

• “enactment” (“deddfiad”) has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;

• “the Official Controls Regulation” (“y Rheoliad Rheolaethau Swyddogol”) means 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;

• “Regulation (EC) No 178/2002” (“Rheoliad (EC) Rhif 178/2002”) means Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[^f00015];

• “Regulation (EC) No 852/2004” (“Rheoliad (EC) Rhif 852/2004”) means Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs[^f00016];

• “Regulation (EC) No 853/2004” (“Rheoliad (EC) Rhif 853/2004”) means Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[^f00017];

• “Regulation (EC) No 1251/2008” (“Rheoliad (EC) Rhif 1251/2008”) means 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[^f00018];

• “Regulation (EC) No 1069/2009” (“Rheoliad (EC) Rhif 1069/2009”) means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption[^f00019].

PART 2 — Amendment of the Trade in Animals and Related Products (Wales) Regulations 2011

Amendment of the Trade in Animals and Related Products (Wales) Regulations 2011

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• (1) The Trade in Animals and Related Products (Wales) Regulations 2011[^f00020] are amended as follows.

• (2) In regulation 2(1), at the beginning of the list of definitions insert—

• “the TARP (ALF) (Wales) (EU Exit) Regulations 2022” (“Rheoliadau’r FAChP (DSD) (Cymru) (Ymadael â’r UE) 2022”) means the Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022;

• (3) In regulation 15(3), for sub-paragraph (a) substitute—

(a) the consignment complies with the requirements of the following, so far as relevant and when read with any other provisions of the legislation referred to below which apply in relation to such requirements— (i) the legislation listed in regulation 4(2) of the TARP (ALF) (Wales) (EU Exit) Regulations 2022, as modified by Part 5 of those Regulations or by the legislation referred to in paragraphs (ii) and (iii); (ii) legislation made by the Welsh Ministers, as appropriate authority, under the functions listed in the Schedule to the TARP (ALF) (Wales) (EU Exit) Regulations 2022, where applicable; (iii) legislation made by the Secretary of State, as appropriate authority in relation to Wales, under the functions listed in the Schedule to the Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022[^f00021], where applicable;

• (4) In regulation 18(3), for “in the relevant legislation listed in Schedule 1” substitute “under regulation 15(3)(a)”.

• (5) In regulation 35—

• (a) in paragraph (1)—

• (i) after “the appropriate enforcement authority”, insert “or the Welsh Ministers”;

• (ii) after “that enforcement authority”, insert “or the Welsh Ministers”;

• (b) in paragraph (3)—

• (i) after “the appropriate enforcement authority”, insert “or the Welsh Ministers”;

• (ii) after “that enforcement authority”, insert “or the Welsh Ministers, as appropriate”;

• (c) in paragraphs (4), (5) and (6), after “enforcement authority”, in each place where it occurs, insert “or the Welsh Ministers”.

• (6) In regulation 38, for “enforcement authority” substitute “Welsh Ministers or the enforcement authority”.

• (7) Omit Schedule 1.

• (8) In Schedule 3, in paragraph 8—

• (a) in the heading and in sub-paragraph (1), for “Invertebrate” substitute “Relevant”;

• (b) after sub-paragraph (1) insert—

(1A) In this paragraph, “relevant animals” means— (a) animals listed in Schedule 2 to the Animals (Scientific Procedures) Act 1986[^f00022]; and (b) invertebrate animals.

• (c) for sub-paragraph (2) substitute—

(2) Sub-paragraph (1) does not apply to zebra fish, aquatic molluscs belonging to the phylum Molluscaor aquatic crustaceans belonging to the subphylum Crustacea.

• (d) after sub-paragraph (2) insert—

(3) The reference to educational activities in sub-paragraph (1) does not apply in relation to— (a) vertebrate animals; or (b) honey bees (Apis mellifera) or bumble bees (Bombusspp).

PART 3 — Animal and public health requirements

List of animal and public health requirements

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• (1) Paragraph (2) lists legislation for the purposes of regulations 15(3)(a) and 18(3) of the Trade in Animals.

• (2) The legislation referred to in paragraph (1) is—

• (a) as regards provisions of EU Directives, the following provisions, as read with Articles 1 and 2 of the Directive in question—

• (i) Article 14 of, and Annexes A to E to, Directive 64/432;

• (ii) Articles 8 to 11 of, and Annexes A to C to, Directive 88/407;

• (iii) Articles 7 to 10 of, and Annexes A and B to, Directive 89/556;

• (iv) Articles 7 to 12 of, and Annexes A to C to, Directive 90/429;

• (v) Article 6 of, and Annexes A to D to, Directive 91/68;

• (vi) Articles 3 to 11, 13, 16 to 18, and 24 of, and Annexes A to D and F to, Directive 92/65;

• (vii) Articles 3 to 6, 9 and 10, and 13 of, and Annexes 1 and 1A to, Directive 92/118;

• (viii) Articles 3, 4, 7 and 9 of, and Annexes 1 and 3 to, Directive 2002/99;

• (ix) Articles 3, 7 and 11 of, and Annexes 1 to 3 to, Directive 2004/68;

• (x) Articles 4, 5, 11 to 14, 16 and 17 of, and Annexes 1 and 4 to, Directive 2009/156;

• (xi) Articles 5, 6, 8 to 12, 14 to 19, 22 to 26, and 30 of, and Annexes 1 to 3 to, Directive 2009/158;

• (b) as regards other instruments—

• (i) the Aquatic Animal Health (England and Wales) Regulations 2009[^f00023];

• (ii) Regulation (EC) No 178/2002;

• (iii) Regulation (EC) No 852/2004;

• (iv) Regulation (EC) No 853/2004;

• (v) Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene[^f00024];

• (vi) Commission Decision 2007/275 concerning lists of composite products to be subject to controls at border control posts[^f00025];

• (vii) Regulation (EC) No 1251/2008;

• (viii) Regulation (EC) No 1069/2009;

• (ix) Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof[^f00026];

• (x) the Official Controls Regulation.

PART 4 — Legislative and other functions

Provisions containing legislative and other functions

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• (1) The Schedule contains a list of provisions of EU Directives that confer functions on the appropriate authority, together with any provisions that are to be retained because they are either to be read with a listed provision and are relevant to the exercise of that function, or are connected to the purpose of that function, for the purposes of paragraphs (2) and (3) of this regulation.

• (2) The functions conferred by the provisions listed in the Schedule, together with any other provisions listed in the Schedule that may be relevant or connected to the exercise of a listed function, as modified by Part 5 of these Regulations and so far as they relate to consignments to which these Regulations apply—

• (a) are exercisable in relation to Wales by the Welsh Ministers in so far as the functions are within devolved competence;

• (b) are exercisable as if those provisions formed part of the law of England and Wales; and

• (c) are to be treated as a function conferred by these Regulations.

• (3) A function is within devolved competence for the purposes of paragraph (2)(a) if it would be within the legislative competence of Senedd Cymru to confer such a function in an Act of 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[^f00027], that such consent was given).

Regulation-making procedure

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• (1) Regulations made by the Welsh Ministers under any of the functions listed in the Schedule are to be made by statutory instrument.

• (2) A statutory instrument containing regulations made by the Welsh Ministers under any of the functions listed in the Schedule is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (3) Regulations made under any of the functions listed in the Schedule may—

• (a) contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking any enactment;

• (b) make different provision for different purposes.

• (4) Before making any regulations under any of the functions listed in the Schedule, the Welsh Ministers must consult—

• (a) such bodies or persons as appear to them to be representative of the interests likely to be substantially affected by the regulations;

• (b) such other bodies or persons as they consider appropriate.

PART 5 — Modifications to EU Directives

Modifications to EU Directives

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