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

Type Welsh-Statutory-Instrument

Publication 2022-12-15

Last updated 2025-03-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974[^f00052] applies to all animals covered by this Directive that are susceptible to rabies and cannot be shown to have been born on the holding of origin and kept in captivity since birth, other than dogs, cats and ferrets that comply with paragraph 2.

(d) paragraphs 5, 6 and 7 were omitted.

(13) Article 11 is to be read as if—

(a) in paragraph 1—

(i) “The Member States shall ensure that,” were omitted;

(ii) for “are the subject of trade” there were substituted “may be imported into Wales”;

(b) in paragraph 2, in the fourth indent, for “another Member State by a health certificate corresponding to a specimen to be determined in accordance with the procedure referred to in Article 26” there were substituted “Wales by a health certificate, as provided for in Article 18”;

(i) in the first subparagraph, in the first indent, for “competent authority of the Member State and satisfying the conditions to be established in Annex D(I) in accordance with the procedure referred to in Article 26” there were substituted “the competent authority and satisfying conditions at least equivalent to those established in Annex D(I)”;

(ii) in the first subparagraph, in the third indent, for “another Member State by a health certificate corresponding to a specimen to be determined in accordance with the procedure referred to in Article 26” there were substituted “Wales by a health certificate, as provided for in Article 18”.

(iii) in the third subparagraph, for “in accordance with the procedure referred to in Article 26” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(d) in paragraph 4—

(i) in the first subparagraph, for “competent authority of the Member State concerned” there were substituted “competent authority”;

(ii) in the second subparagraph—

(aa) “Each Member State shall draw up and keep up to date” were omitted;

(bb) for “and shall make it available” there were substituted “must be drawn up, kept up to date, and made available by the appropriate authority”;

(cc) “the other Member States and to” were omitted;

(iii) in the third subparagraph, for “in accordance with the procedure referred to in Article 26” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(e) in paragraph 5, in the first subparagraph—

(i) “and the specimen health certificates” were omitted;

(ii) for “in accordance with the procedure referred to in Article 26” there were substituted “by the appropriate authority, by regulations”;

(iii) the last sentence were omitted.

(14) Article 13 is to be read as if—

(a) for paragraph 1 there were substituted—

(1) Consignments of the following animals or germinal products that are imported into Wales from bodies, institutes or centres referred to in Article 17(2)(b) to bodies, institutes or centres that have been approved in Wales in accordance with paragraph 2, must meet the requirement in paragraph 1A— (a) species susceptible to the diseases listed in Annex A; (b) species susceptible to the diseases listed in Annex B, where the appropriate authority applies the guarantee provided for in Articles 14 and 15; (c) semen, ova or embryos of the animals referred to in paragraphs (a) and (b).

(b) after paragraph 1, there were inserted—

(1A) The relevant consignment must be accompanied during transport by a health certificate, as provided for in Article 18, which must be completed by the official veterinarian and must specify that the animals, semen, ova or embryos come from a body, institute or centre approved in accordance with conditions at least equivalent to those set out in Annex C.

(i) in point (a)—

(aa) after “To be approved” there were inserted “in Wales”;

(bb) after “institutes or centres shall” there were inserted “comply with the requirements contained in Annex C and”;

(cc) “of the Member State” were omitted;

(ii) in point (c), for “point 3” there were substituted “point 6”;

(iii) in point (d), in the second subparagraph—

(aa) “Each Member State shall draw up and keep up to date” were omitted;

(bb) for “and shall make it available” there were substituted “must be drawn up, kept up to date, and made available by the appropriate authority”;

(cc) “to the other Member States and” were omitted;

(iv) in point (d), in the third subparagraph, for “in accordance with the procedure referred to in Article 26” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(v) point (e) were omitted.

(15) Article 14 is to be read as if—

(a) in paragraph 1—

(i) in the words before the first indent—

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

(bb) “it may present the programme to the Commission” were omitted;

(ii) the ninth indent 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 the additional guarantees, general or limited, which may be required for imports into Wales.

(16) Article 15 is to be read as if—

(a) in paragraph 1—

(i) for “Where a Member State considers that its territory or part of its territory” there were substituted “The appropriate authority may by regulations set out additional guarantees, general or limited, that are required where it considers that the territory, or part of the territory, for which it is the appropriate authority”;

(ii) for “it shall present to the Commission appropriate supporting documentation, setting out” there were substituted “taking into account”;

(b) paragraphs 2 and 3 were omitted.

(17) The title of Chapter 3 is to be read as if for “the Community” there were substituted “Wales”.

(18) Article 16 is to be read as if the second and third paragraphs were omitted.

(19) Article 17 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a)—

(aa) for “animals and semen” there were substituted “animals, and the semen”;

(bb) for “the Community” there were substituted “Wales”;

(ii) in point (b), in the words before point (i), for “the health certificate corresponding to a specimen to be drawn up in accordance with the procedure referred to in Article 26” there were substituted “a health certificate, as provided for in Article 18”;

(iii) in point (b)(i)—

(aa) in the first indent, at the beginning there were inserted “come from countries that”;

(bb) in the second indent, after “Annex C” there were inserted “or from registered premises as appropriate”;

(iv) in point (b)(ii), in the first paragraph—

(aa) “to be” were omitted;

(bb) for “in accordance with the procedure referred to in Article 26” there were substituted “established by the appropriate authority by regulations”;

(v) in point (b)(ii), the second paragraph, “specimen” were omitted;

(b) for paragraph 3, there were substituted—

(3) The appropriate authority may by regulations— (a) establish the list of third countries or parts of third countries able to provide the appropriate authority with guarantees equivalent to those provided for in Chapter 2 in relation to animals, semen, ova and embryos; (b) adopt specific animal health requirements, in particular for the protection of Wales from certain exotic diseases, or guarantees equivalent to those provided for in this Directive. The specific requirements and equivalent guarantees established for third countries in accordance with this paragraph may not be more favourable than those provided for in Chapter 2. The appropriate authority may also establish a list of approved centres or teams, as referred to in the first indent of paragraph 2 of Article 11 and the first indent of paragraph 3 of that Article, situated in one of the third countries appearing on the list referred to in point (a) of this paragraph and for which the competent authority is able to give the guarantees provided for in Article 11(2) and (3). The approval of centres or teams must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions referred to in Article 11(2) and (3) and the appropriate authority must be immediately informed. The appropriate authority must publish any new and updated lists that it receives from the competent authority of the third country, in accordance with the third and fourth subparagraphs, to make them available to the public for information purposes. The appropriate authority may by regulations adopt detailed rules for the application of the third to fifth subparagraphs.

(i) in point (a)—

(aa) in the first indent, for “the Community” there were substituted “Wales”;

(bb) for the second indent there were substituted—

— pursuant to— (i) Article 7 of Directive 2002/99, in relation to meat from ungulates, rabbit meat, farmed game meat and poultry meat; (ii) Article 7 of Directive 2004/68; or (iii) in the case of other animals covered by this Directive, any decision set out in retained EU direct legislation made under Article 26 of Directive 92/65 for this purpose, as it had effect immediately before implementation period completion day and without modification by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022, or any other decision which may be taken by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations, for this purpose that takes account of their state of health;

(ii) in point (b), “in accordance with Article 3(2) of Directive 72/462/EEC” were omitted;

(d) paragraphs 5 and 6 were omitted.

(20) Article 18 is to be read as if—

(a) in paragraph 1—

(i) in the words before the first indent—

(aa) “Member States shall ensure that the” were omitted;

(bb) for “are imported into the Community” there were substituted “may be imported into Wales”;

(ii) in the first indent, for “certificate” there were substituted “relevant health certificate, in the form published by the appropriate authority from time to time,”;

(iii) the second paragraph of the first indent were omitted;

(iv) in the second indent, for “Directives 90/675/EEC and 91/496/EEC” there were substituted “the Official Controls Regulation”;

(v) in the third indent—

(aa) for “Community territory” there were substituted “Wales”;

(bb) for “Directive 91/628/EEC” there were substituted “Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations[^f00053]”;

(vi) in the fourth indent, for “under the procedure laid down in Article 26” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(b) in paragraph 2, “for which such requirements have not been adopted at Community level” were omitted.

(21) Article 19 is to be read as if—

(a) in the words before point (a), for “under the procedure laid down in Article 26” there were substituted “by the appropriate authority by regulations”;

(b) in point (a), for “the Community” there were substituted “Wales”;

(22) Article 21 is to be read as if—

(a) “Any specimens of certificates applicable to trade and” were omitted;

(b) for “trade in” there were substituted “import into Wales”;

(c) for “under the procedure laid down in Article 26” there were substituted “by the appropriate authority by regulations”.

(23) Article 22 is to be read as if for that Article there were substituted—

(22) The appropriate authority may by regulations modify the Annexes to this Directive or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022.

(24) Article 23 is to be read as if for that Article there were substituted—

(23) The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out special requirements if appropriate, by way of derogation from Chapter 2, for the movement of circus and fairground animals, and for the importation into Wales of animals, semen, ova and embryos intended for zoos.

(25) Article 24 is to be read as if—

(a) in paragraph 1—

(i) the words from “The Member States shall be” to “territory of the” were omitted;

(ii) after “territory of a third country” there were inserted “may enter Wales subject”;

(b) paragraph 2 is omitted.

(26) Annex C is to be read as if—

(a) in point 1—

(i) in point (c), after “country” there were inserted “or territory”;

(ii) in point (g)—

(aa) in point (i), for “Article 14(3)(B) of Directive 64/432/EEC” there were substituted “Article 14 of Directive 64/432”;

(bb) in point (ii), in the third indent, for “Community legislation” there were substituted “the relevant legislation in force in Wales”;

(cc) in point (iii), for “the Member State concerned” there were substituted “Wales”;

(dd) in point (v), for “Community legislation” there were substituted “legislation in force in Wales”;

(iii) in point (h), for “Article 5 of Directive 86/609/EEC” there were substituted “the Animals (Scientific Procedures) Act 1986[^f00054]”;

(b) in point 4, “, in that Member State or another Member State” were omitted;

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

(ii) for “Community legislation” there were substituted “animal health legislation in force in Wales”;

(d) in point 6—

(i) in point (b)—

(aa) for “Community legislation” there were substituted “legislation in force in Wales”;

(bb) for “trade in” there were substituted “the importation of”;

(ii) in point (d), for “Commission” there were substituted “appropriate authority”.

(27) Annex D is to be read as if—

(a) in Chapter 1, in Section 2, in point 2.2(f), the words from “each Member State” to the end were omitted;

(b) in Chapter 2, in Section 1—

(i) in point 1.2—

(aa) “a Member State or” were omitted;

(bb) for “Directive 90/426/EEC” there were substituted “Directive 2009/156”;

(ii) in point 1.5, for “Article 12 of Regulation (EC) No 882/2004 of the European Parliament and of the Council” there were substituted “Article 37 of the Official Controls Regulation”;

(iii) in point 1.8—

(aa) for “Article 4 or 5 of Directive 90/426/EEC” there were substituted “Article 4 or 5 of Directive 2009/156”;

(bb) for “Annex A to Directive 90/426/EEC” there were substituted “Annex 1 to Directive 2009/156”;

(i) in point 4, for “Member State” there were substituted “country”;

(ii) in point 6, after “approved” there were inserted “official”;

(iii) in point 8(d), for “Articles 4, 5 and 6 of Directive 91/68/EEC” there were substituted “Article 7 of Directive 2004/68, and Article 6 of and Annex A to, Directive 91/68”;

(iv) in point 9—

(aa) for “subject to a prohibition on animal health grounds in accordance with Article 4 of Directive 91/68/EEC” there were substituted “, situated in an area which for health reasons is subject to a prohibition or restriction affecting the species involved in accordance with legislation of the relevant third country that is at least equivalent to animal and public health legislation in force in Wales,”;

(bb) for “subject for trade” there were substituted “imported”;

(cc) for “official veterinarian in accordance with Directive 91/68/EEC” there were substituted “competent authority”;

(d) in Chapter 3, in Section 1—

(i) in point 1.1, for “Directive 2001/82/EC of the European Parliament and of the Council” there were substituted “the Veterinary Medicines Regulations 2013”;

(ii) in point 1.4, in the words before point (a), “to be subject for trade” were omitted;

(iii) in point 1.4(a), for “the Member State of destination” there were substituted “Wales”;

(e) in Chapter 3, in Section 2—

(i) in point 2.2, for the words from “Regulation (EC) No 854/2004” to “human consumption” there were substituted “the Official Controls Regulation”;

(ii) in point 6.1—

(aa) “to be subject for trade” were omitted;

(bb) for “the Member State of destination” there were substituted “Wales”;

(f) in Chapter 4—

(i) in point 1, for “the relevant Directives on intra-Union trade in” there were substituted “legislation in force in Wales concerning”;

(ii) in point 2—

(aa) for “Directive 64/432/EEC” there were substituted “Directive 2004/68”;

(bb) for “that Directive” there were substituted “Directive 64/432”;

(iii) in point 4, in the words before point 4.1, for “Directive 90/426/EEC” there were substituted “Directive 2009/156”.

(28) Annex F is to be read as if for that Annex there were substituted—

Directive 64/432 (concerning the import into Wales of bovine animals and swine).

Directive 88/407 (concerning the import into Wales of deep-frozen semen of domestic animals of the bovine species).

Directive 89/556 (concerning the import into Wales of embryos of domestic animals of the bovine species).

Directive 90/429 (concerning the import into Wales of semen of domestic animals of the porcine species).

Directive 91/68 (concerning the import into Wales of ovine and caprine animals).

Directive 2004/68 (concerning the import into Wales of certain live ungulate animals).

The Aquatic Animal Health (England and Wales) Regulations 2009 (concerning the import into Wales of aquaculture animals and products).

Directive 2009/156 (concerning the import into Wales of equidae).

Directive 2009/158 (concerning the import into Wales of poultry and hatching eggs).

Modifications to Directive 92/118

15

(1) Directive 92/118 is modified as follows.

(2) Article 1 is to be read as if—

(a) in the first paragraph, for “trade in and imports into the Community of” to the end there were substituted—

the importation into Wales of— (a) products of animal origin (including trade samples taken from such products) not subject to— (i) in respect of animal health, requirements laid down in Directive 2002/99, (ii) in respect of public health, requirements laid down in Regulation (EC) No 853/2004, and (b) pathogenic agents.

(b) in the second paragraph—

(i) for “nor” there were substituted “and”;

(ii) “trade or” were omitted.

(3) Article 2 is to be read as if—

(a) in paragraph 1—

(i) point (a) were omitted;

(ii) in point (c), in the definition of “serious transmissible disease”, for “all diseases covered by Directive 82/894/EEC” there were substituted “the diseases listed in Annex 1A”;

(iii) in point (d), in the definition of “pathogenic agents”, for “Directive 90/677/EEC” there were substituted “the Veterinary Medicines Regulation 2013”;

(iv) in point (f), in the definition of “processed animal protein intended for human consumption”—

(aa) after “means greaves,” there were inserted “as defined in point 7.6 of Annex 1 to Regulation (EC) 853/2004, and”;

(bb) for “referred to in Article 2(b) of Directive 77/99/EEC” there were substituted “which are treated as “meat products” for the purposes of that Regulation”;

(v) after point (f) there were inserted—

(g) establishment has the meaning given in Article 2 of Regulation (EC) No 852/2004; (h) holding means an agricultural establishment or premises of a dealer in which the animals referred to in points 1.2 to 1.8 of Annex 1 to the Official Controls Regulation are held or regularly kept or, in relation to equidae, a holding as defined in Article 2(a) of Directive 2009/156; (i) placing on the market has the meaning given in Article 3 of Regulation (EC) No 178/2002.

(b) in paragraph 2, for “Article 2 of Directives 89/662/EEC, 90/425/EEC and 90/675/EEC” there were substituted “Article 3 of the Official Controls Regulation”.

(4) Article 3 is to be read as if—

(a) the words before the first indent were omitted;

(b) in the first indent—

(i) “trade in and” were omitted;

(ii) for “are not” there were substituted “must not be”;

(iii) for “Community legislation” there were substituted “legislation in force in Wales”;

(i) for the words from “whose placing on the market” to “Decision 81/651/EEC, of” there were substituted “that is authorised in Wales to be placed on the market may not be imported into Wales, until a decision has been taken on”;

(ii) after “focus of disease or” there were inserted “become”;

(iii) after “a risk to human health” there were inserted “, including whether any special requirements should be imposed prior to import, in accordance with the first paragraph of Article 15.”;

(d) for the third indent there were substituted—

— the following products of animal origin may not be imported from third countries unless they meet the relevant animal health requirements in this Directive— (i) meat extracts, meat powder and powered rind, treated as “meat products” for the purposes of Regulation (EC) No 853/2004; (ii) rendered animal fat as defined in point 7.5 of Annex I to Regulation (EC) No 853/2004; (iii) greaves as defined in point 7.6 of Annex I to Regulation (EC) No 853/2004; (iv) salted or dried blood, salted or dried blood plasma, treated as “meat products” for the purposes of Regulation (EC) No 853/2004; (v) treated stomachs, bladders and intestines as defined in point 7.9 of Annex I to Regulation (EC) No 853/2004.

(5) The title of Chapter 2 is to be read as if for that title there were substituted “Guarantees applicable to imports for the purposes of Article 9”.

(6) Article 4 is to be read as if—

(a) in the words before point (1)—

(i) there were omitted “Member States shall take the necessary measures to ensure that, for the purposes of applying Article 4(1) of Directive 89/662/EEC and Article 4(1)(a) of Directive 90/425/EEC,”;

(ii) for “the particular provisions to be adopted” there were substituted “any provisions adopted”;

(iii) for “the subject of trade” there were substituted “imported into Wales”;

(b) in point (2)(a), in the seventh indent—

(i) for “trade” there were substituted “importation into Wales”;

(ii) for “commercial document” there were substituted “health certificate, as provided for in Article 10(2)(c),”.

(7) Article 5 is to be read as if—

(a) in the first paragraph—

(i) “Member States shall ensure that every necessary measure is taken to guarantee that” were omitted;

(ii) for “are not dispatched for the purposes of trade” there were substituted “must not be imported into Wales”;

(iii) for “movements or trade” there were substituted “imports”;

(iv) for “the Member States” there were substituted “Wales”;

(v) for “Community legislation” there were substituted “legislation in force in Wales”;

(b) in the second paragraph—

(i) for “movement” there were substituted “import”;

(ii) for “under the procedure laid down in Article 18” there were substituted “by the appropriate authority by regulations”.

(8) Article 6 is to be read as if for that Article there were substituted—

(6) Importation of pathogenic agents may be subject to rules set out by the appropriate authority by regulations.

(9) The title of Chapter 3 is to be read as if for “the Community” there were substituted “Wales”.

(10) Article 10 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “the Community” there were substituted “Wales”;

(ii) in point (a), for “to be drawn up and updated in accordance with the procedure provided for in Article 18” there were substituted “authorised by legislation in force in Wales. The appropriate authority may by regulations draw up lists of third countries from which the products covered by this Directive may be imported”;

(iii) in point (b)—

(aa) “Community” were omitted;

(bb) for “the procedure laid down in Article 18” there were substituted “Article 127(3)(e) of the Official Controls Regulation”;

(iv) in point (c)—

(aa) for “an animal health or public health certificate corresponding to a specimen to be drawn up under the procedure provided for in Article 18” there were substituted “the relevant health certificate, in the form published by the appropriate authority from time to time”;

(bb) for “any other” there were substituted “the”;

(cc) “recognized under the same procedure” were omitted;

(b) in paragraph 3—

(i) in the words before point (a), for “Under the procedure provided for in Article 18” there were substituted “The appropriate authority may, by regulations set out”;

(ii) in point (a)—

(aa) “shall be established” were omitted;

(bb) for “the Community” there were substituted “Wales”;

(cc) the final subparagraph were omitted;

(iii) in point (c), “shall be established” were omitted;

(c) in paragraph 4, “for “The decisions provided for in paragraphs 2 and 3 must be taken on the basis of evaluation and, if appropriate, the opinion of the Scientific Veterinary Committee,” there were substituted “Any decisions or regulations made under paragraphs 2 and 3 must be made on the basis of an evaluation”;

(d) paragraphs 5 and 6 were omitted.

(11) Article 11 is to be read as if for that Article there were substituted—

(11) The appropriate authority may by regulations stipulate specific animal health requirements for imports into Wales of, and the nature and content of accompanying documents for, products referred to in Annex 1 intended for experimental laboratories.

(12) Article 13 is to be read as if—

(a) in paragraph 1—

(i) “Member States may, by issuing an appropriate licence, permit” were omitted;

(ii) after “trade samples” there were inserted “may be permitted provided that they are accompanied by an authorisation issued by the appropriate authority”;

(b) in paragraph 2—

(i) for “licence” there were substituted “authorisation”;

(ii) for “Directive 90/675/EEC” there were substituted “the Official Controls Regulation”;

(13) Article 15 is to be read as if for that Article there were substituted—

(15) The appropriate authority may by regulations adopt any new Annex laying down specific requirements for other products capable of presenting a real risk of spreading serious transmissible diseases or a real risk to human health. The appropriate authority may by regulations modify the Annexes where the need arises in compliance with, where applicable, the general principles set out in the second indent of Article 3, or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) (Wales) (EU Exit) Regulations 2022.

(14) Annex 1 is to be read as if—

(a) in Chapter 2, point A is omitted;

(b) in Chapter 5—

(i) in the words before point 1, “Trade in and” were omitted;

(ii) points 1 and 2 were omitted;

(iii) in point 3—

(aa) “where imports are concerned,” were omitted;

(bb) for “Directive 72/462/EEC” there were substituted “Directive 2002/99”;

(i) in the words before point A, “trade in and” were omitted;

(ii) point A were omitted;

(iii) in point B—

(aa) the words before point 1 “as regards imports” were omitted;

(bb) in point 1(a), for “Directive 80/215/EEC” there were substituted “Directive 2002/99”;

(cc) in point 2, for “inspection” there were substituted “control”;

(dd) in point 3, for “for release for free circulation in Community territory of consignments of processed animal protein, to prove” there were substituted “as regards imports into Wales of consignments of processed animal protein, to proving”;

(iv) point C were omitted;

(d) in Chapter 6, in point 2—

(i) for “Member States may carry out” there were substituted “Where”;

(ii) after “random sampling” there were inserted “has been carried out”;

(iii) for “negative. Where during one of these checks” there were substituted “negative, and”;

(e) in Chapter 6, in point 3—

(i) “Member States must keep” were omitted;

(ii) after “undergone sampling” there were inserted “must be kept by the appropriate authority”;

(f) in Chapter 6, in point 4—

(i) for “Article 3(3) of Directive 89/662/EEC” there were substituted “Article 51(1)(c) of the Official Controls Regulation”;

(ii) for the words from “approved under the procedure” to the end there were substituted “designated as border control posts under Article 59(1) of the Official Controls Regulation”;

(g) in Chapter 6, in point 5, for the words from “it is either:” to the end there were substituted “control measures must be taken in accordance with Article 66 of the Official Controls Regulation”;

(h) in Chapter 7, in Section 1—

(i) point A were omitted;

(ii) in point B(1)—

(aa) in the first sentence, “pursuant to Council Directive 72/462/EEC” were omitted;

(bb) in the second sentence, for “Directive 91/494/EEC” there were substituted “Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements[^f00055]”;

(iii) in point B(2)—

(aa) “, including those referred to in Council Directive 77/99/EEC” were omitted;

(bb) for “Directive 72/462/EEC” there were substituted “Directive 2002/99”;

(i) in Chapter 7, in Section 3, for “are to be adopted, where necessary, in accordance with the procedure laid down in Article 18” there were substituted “may be set out by the appropriate authority by regulations”;

(j) in Chapter 9, in point (1)—

(i) “Member States shall authorize the importation into the Community of” were omitted;

(ii) for “annexed to Decision 79/542/EEC from which the importation of fresh meat of the species concerned is permitted” there were substituted “referred to in Article 10(2)(a) of this Directive may be imported into Wales”;

(k) Chapter 11 were omitted;

(l) after Annex 1, there were inserted—

ANNEX 1A A. Diseases of terrestrial animals List A.1— (1) African horse sickness. (2) African swine fever. (3) Anthrax. (4) Avian influenza (HPAI in poultry, captive birds and wild birds and LPAI in poultry and captive birds). (5) Bluetongue. (6) Bovine spongiform encephalopathy. (7) Classical swine fever. (8) Contagious bovine pleuropneumonia. (9) Dourine. (10) Equine encephalomyelitis of the following types— (a) Eastern equine encephalomyelitis; (b) Japanese encephalitis; (c) Venezuelan equine encephalomyelitis; (d) West Nile fever; (e) Western equine encephalomyelitis. (11) Equine infectious anaemia. (12) Foot-and-mouth disease. (13) Glanders. (14) Lumpy skin disease. (15) Newcastle disease. (16) Peste des petits ruminants. (17) Infection with rabies virus. (18) Rift Valley fever. (19) Rinderpest. (20) Sheep pox and goat pox. (21) Small hive beetle infestation (Aethina tumida). (22) Swine vesicular disease. (23) Tropilaelaps infestation of honey bees. (24) Vesicular stomatitis. List A.2— (1) Bovine brucellosis. (2) Bovine tuberculosis. (3) Enzootic bovine leucosis. (4) Caprine and ovine brucellosis (excluding Brucella ovis). B. Diseases of aquaculture animals (1) Epizootic haematopoietic necrosis. (2) Infectious haematopoietic necrosis. (3) Infectious salmon anaemia (ISA): infection with genotype HPR-deleted of the genus Isavirus (ISA V). (4) Infection with Perkinsus marinus. (5) Infection with Mikrocytos mackini. (6) Infection with Marteilia refringens. (7) Infection with Bonamia ostreae. (8) Infection with Bonamia exitiosa. (9) Koi herpes virus disease. (10) Taura syndrome. (11) Viral haemorrhagic septicaemia. (12) White spot disease. (13) Yellowhead disease.

Modifications to Directive 2002/99

16

(1) Directive 2002/99 is modified as follows.

(2) Article 1 is to be read as if—

(a) in the first paragraph, for “and distribution within the Community and the introduction from third countries” there were substituted “and introduction from third countries, for importation into Wales,”;

(b) in the second paragraph, for “Directives 89/662/EEC and 97/78/EC and the Directives” there were substituted “the Official Controls Regulation and the legislation”.

(3) Article 2 is to be read as if—

(a) in the first paragraph, for “Directive 97/78/EC” there were substituted “the Official Controls Regulation”;

(b) in point 2, in the definition of “introduction”—

(i) for the words from “one of the territories listed in Annex I to Directive 97/78/EC” to the end there were substituted—

Wales to present those goods to Customs on import, in accordance with section 34 of the Taxation (Cross-Border Trade) Act 2018[^f00056], and place them under the control of an HMRC officer for the purpose of— (a) the customs procedures referred to in section 3 of that Act; or (b) where a temporary storage declaration has been made in accordance with regulation 8(2) of the Customs (Import Duty) (EU Exit) Regulations 2018[^f00057]— (i) making a Customs declaration in accordance with paragraph 1(1) of Schedule 1 to the Taxation (Cross-Border Trade) Act 2018; or (ii) deciding whether the goods must be exported or destroyed.

(ii) after point 2, there were inserted—

(2A) “HMRC officer” has the meaning given in section 37(1) of the Taxation (Cross-Border Trade) Act 2018.

(iii) points 3 and 4 were omitted.

(4) The title of Chapter 1 is to be read as if for “WITHIN THE COMMUNITY” there were substituted “INTENDED FOR IMPORTATION INTO WALES.

(5) Article 3 is to be read as if—

(a) in paragraph 1—

(i) for “Member States shall” there were substituted “Food business operators must”;

(ii) for “, processing and distribution of” there were substituted “and processing of”;

(iii) for “within the Community” there were substituted “intended for importation into Wales”;

(iv) for “food business operators” there were substituted “they”;

(b) in paragraph 2, for “Community legislation” there were substituted “legislation in force in Wales”;

(i) in point (a), for “the rules” there were substituted “rules equivalent to the legislation”;

(ii) in point (c), for “Directive 91/67/EEC” there were substituted “the Aquatic Animal Health (England and Wales) Regulations 2009 and Regulation (EC) No 1251/2008”.

(6) Article 4 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (i)—

(aa) “Member states may authorise” were omitted;

(bb) after “suspected of being infected,” there were inserted “may be authorised”;

(ii) in point (iv), for “Member State” there were substituted “competent authority of the third country”;

(iii) in the second subparagraph, for the words from “in accordance with Annexes II and III(1)” to the end there were substituted—

in accordance with— (a) any detailed rules adopted by the appropriate authority by regulations, or (b) where detailed rules are yet to be adopted under point (a), Annex 3 or any relevant detailed rules under any enactment in force in relation to Wales.

(b) in paragraph 2—

(i) for “Directive 91/67/EEC” there were substituted “the Aquatic Animal Health (England and Wales) Regulations 2009 and Regulation (EC) No 1251/2008”;

(ii) for the words from “in accordance with further conditions” to the end there were substituted—

in accordance with— (a) any further conditions adopted by the appropriate authority by regulations, or (b) where conditions are yet to be adopted under subparagraph (a), any further conditions set out under any enactment in force in relation to Wales.

(i) in the first subparagraph, for “in certain situations in accordance with the procedure referred to in Article 12(2)” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;

(ii) in the second subparagraph—

(aa) for “the Community shall” there were substituted “Wales may”;

(bb) for “be adopted in accordance with the same procedure” there were substituted “also be adopted by the appropriate authority in accordance with a procedure set out by the appropriate authority in regulations”.

(7) Article 7 is to be read as if—

(a) “Member States shall take measures to ensure that” were omitted;

(b) for “are” there were substituted “may be”;

(d) for “, processing and distribution of” there were substituted “and processing of”;

(e) “in the Community” were omitted.

(8) Article 8 is to be read as if—

(a) in the heading, for “Community rules” there were substituted “national legislation”;

(b) in the words before paragraph 1, for “the following shall be established in accordance with the procedure referred to in Article 12(2)” there were substituted “the requirements in paragraphs 1 to 5 may be established by the appropriate authority by regulations”;

(i) in the second sentence—

(aa) for “a Community” there were substituted “an”;

(bb) for “Community legislation” there were substituted “the relevant legislation in force in Wales”;

(ii) in the third sentence, in point (c), for “the Community” there were substituted “Wales”;

(iii) in the third sentence, in point (f)—

(aa) “Community” were omitted;

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

(iv) in the third sentence, in point (g), for “the Community” there were substituted “Wales”;

(d) paragraph 2 were omitted;

(e) in paragraph 3, “shall be established in accordance with the procedure referred to in Article 12(2)” were omitted;

(f) in paragraph 4, “shall be established in accordance with the procedure referred to in Article 12(2)” were omitted;

(g) in paragraph 5, “, may be established in accordance with the procedure referred to in Article 12(2)” were omitted.

(9) Article 9 is to be read as if—

(a) for the title there were substituted “Health certificates”;

(b) in paragraph 1—

(i) for the words from “A veterinary certificate” to “Annex IV” there were substituted “A relevant health certificate, in the form published by the appropriate authority from time to time, that meets the requirements of Article 3 of Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods[^f00058]”;

(ii) for “the Community” there were substituted “Wales”;

(i) in the words before point (a), for “veterinary” there were substituted “health”;

(ii) in point (a), for “the Community legislation” there were substituted “legislation in force in Wales”;

(iii) in point (b), for “established in accordance with the procedure referred to in Article 12(2)” there were substituted “established or applied under Article 8(4), or applied by other relevant legislation in force in Wales”;

(d) in paragraph 3—

(i) for “Documents” there were substituted “Health certificates”;

(ii) “Community” were omitted;

(iii) after “animal health legislation” there were inserted “in force in relation to Wales”;

(e) in paragraph 4—

(i) for “In accordance with the procedure referred to in Article 12(2)” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations,”;

(ii) in point (a), for “provisions may be made” there were substituted “make provision”;

(iii) point (b) were omitted;

(iv) in point (c)—

(aa) at the beginning of that sentence, there were inserted “establish”;

(bb) “may be established” were omitted.

(10) Article 11 is to be read as if for that Article there were substituted—

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

(11) Annex 1 is to be read as if for that Annex there were substituted—

ANNEX 1 Diseases of relevance to products of animal origin intended for importation into Wales and for which control measures have been introduced under animal health legislation

Disease	Legislation
Classical swine fever	The Diseases of Swine Regulations 2014 (S.I. 2014/1894), implementing Council Directive 2001/89 on Community measures for the control of classical swine fever
African swine fever	The Diseases of Swine Regulations 2014 (S.I. 2014/1894), implementing Council Directive 2002/60/EC laying down specific provisions for the control of African swine fever
Rinderpest (Cattle Plague)	The Cattle Plague Order of 1928 (S.I. 1928/206)
Sheep and goat plague (Peste des Petits ruminants)	The Specified Diseases (Notification and Slaughter) Order 1992 (S.I. 1992/3159) and the Specified Diseases (Notification) Order 1996 (S.I. 1996/2628)
Swine vesicular disease	The Diseases of Swine Regulations 2014 (S.I. 2014/1894), implementing Council Directive 92/119/EEC introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease
Foot-and-mouth disease	The Foot-and-Mouth Disease Orders, implementing Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease
Avian influenza	The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 (S.I. 2006/2927 (W. 262)) and the Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803 (W. 242)), implementing Council Directive 2005/94/EC on Community measures for the control of avian influenza
Newcastle disease	The Diseases of Poultry Orders, implementing Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease
Aquaculture diseases	The Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463) and Regulation (EC) No 1251/2008

(12) Annex 3 is to be read as if, in the first table concerning meat, in the column entitled “Meat Treatment”, in the eighth row of that table concerning point “(g)”, for “Article 12(2) procedure following an opinion by the relevant Scientific Committee” there were substituted “appropriate authority, in regulations made under Article 4(1)(iv)(a)”.

Modifications to Directive 2004/68

17

(1) Directive 2004/68 is modified as follows.

(2) Article 1 is to be read as if for “the Community” there were substituted “Wales”.

(3) Article 2 is to be read as if—

(a) point (a) were omitted;

(b) in point (b), in the definition of “authorised third country”, for “the Community” there were substituted “Wales”;

’border control post’ has the meaning given in Article 3 of the Official Controls Regulation;

(d) in point (c), in the definition of “official veterinarian”, for the words from “shall mean a” to the end there were substituted “has the meaning given in Article 3 of the Official Controls Regulation”.

(4) The title of Chapter 2 is to be read as if for “the Community” there were substituted “Wales”.

(5) Article 3 is to be read as if—

(a) in paragraph 1—

(i) in the first subparagraph, for “the Community” there were substituted “Wales”;

(ii) in the first subparagraph, for the words from “or lists to be drawn up” to the end of that sentence there were substituted—

authorised by legislation in force in Wales. The appropriate authority may by regulations draw up lists of third countries from which the animals covered by this Directive may be imported into Wales.

(iii) in the second subparagraph, for “it may be decided in accordance with the procedure referred to in Article 14(2)” there were substituted “the appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, provide”;

(iv) in the third subparagraph, for “the Community” there were substituted “Wales”;

(b) in paragraph 2—

(i) for “the Community” there were substituted “Wales”;

(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,”.

(6) Article 4 is to be read as if—

(a) in point (a), for “the Community” there were substituted “Wales”;

(b) in point (d), for “the Community” there were substituted “Wales”;

(d) in point (h)—

(i) “Community” were omitted;

(ii) for “Commission” there were substituted “appropriate authority”.

(7) Article 6 is to be read as if—

(a) in the title, for “the Community” there were substituted “Wales”;

(b) in paragraph 1—

(i) in the first sentence—

(aa) for “the Community” there were substituted “Wales”;

(bb) for “laid down in accordance with the procedure referred to in Article 14(2)” there were substituted “set out by the appropriate authority by regulations”;

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

(iii) in point (e), for “intra-Community trade” there were substituted “imports into Wales”;

(c) in paragraph 2, for “laid down in Community legislation” there were substituted “set out in legislation in force in Wales”;

(d) in paragraph 3, for “Community” there were substituted “appropriate authority”.

(8) Article 7 is to be read as if—

(a) in the title, for “the Community” there were substituted “Wales”;

(b) in the words before point (a), for “the Community” there were substituted “Wales”;

(d) in point (d)—

(i) for “the Community” there were substituted “Wales”;

(ii) for “Directive 91/628/EEC” there were substituted “Regulation (EC) No 1/2005”;

(e) in point (e)—

(i) for “veterinary 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) the words from “and with a specimen” to the end of that sentence were omitted;

(iii) for “under the same procedure” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(f) in point (f)—

(i) for “the Community” there were substituted “Wales”;

(ii) for “an agreed border inspection post” there were substituted “a designated border control post”;

(iii) for “Article 4 of Directive 91/496/EEC” there were substituted “Article 47 of the Official Controls Regulation”.

(9) Article 8 is to be read as if—

(a) in the words before point (a)—

(i) “, including model veterinary certificates,” were omitted;

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

(b) point (a) were omitted;

(i) for “the Community”, in both places where it occurs, there were substituted “Wales”;

(ii) for “approved Community border inspection posts” there were substituted “designated border control posts”;

(d) in point (f)—

(i) for “an approved Community border inspection post” there were substituted “a designated border control post”;

(ii) for “the Community” there were substituted “Wales”.

(10) Article 9 is to be read as if—

(a) “and in accordance with the procedure referred to in Article 14(2),” were omitted;

(b) after “conditions may be established” there were inserted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;

(11) Article 10 is to be read as if—

(a) “and in accordance with the procedure referred to in Article 14(2),” were omitted;

(b) after “a specific period may be determined” there were inserted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”.

(12) Article 11 is to be read as if—

(a) in the heading, for “Veterinary” there were substituted “Health”;

(b) in paragraph 1—

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

(ii) for “the Community” there were substituted “Wales”;

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

(ii) for “Community legislation” there were substituted “legislation in force in Wales”;

(d) in paragraph 3—

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

(ii) for “Community legislation” there were substituted “legislation in force in Wales”;

(e) in paragraph 4—

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

(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) (Wales) (EU Exit) 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”;

(i) for “Veterinary” there were substituted “In Wales, health”;

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

(d) in paragraph 3—

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

(ii) for “the Community” there were substituted “Wales”;

(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

18

(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) 2015/262[^f00059], and”;

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

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

(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 “Wales”;

(g) after point (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 equidae[^f00060].

(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 Wales”;

(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 Wales.

(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 the African Horse Sickness (Wales) Regulations 2013[^f00061].”;

(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 an Order made by the Welsh Ministers under section 10 of the Animal Health Act 1981

(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 “Wales”.

(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 “Wales”;

(bb) for the words from “to be drawn up” to the end of that sentence there were substituted “authorised by legislation in force in Wales. 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) in paragraph 2—

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

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

(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”;

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

(e) in paragraph 5, for the words “may be adopted in accordance with the procedure referred to in Article 21(2)” there were substituted “may be established by the appropriate authority by regulations or in accordance with a procedure set out by the appropriate authority by regulations”.

(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 authority 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 “Wales”.

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

(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”;

(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 authority 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 “Wales”;

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

(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 “Wales”;

(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”;

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

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

(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 “Member States shall be provided for” there were substituted “Wales”.

(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) (Wales) (EU Exit) Regulations 2022.

(16) Annex 4 is to be read as if, 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

19

(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 Wales”;

(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)—

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

(b) 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 “Wales or a region of Wales”;

(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 regulations, 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 Wales. Where the appropriate authority considers that a region of Wales 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”;

(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 Wales.

(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 “Wales”;

(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 Wales.

(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”;

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

(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 Wales. 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 Wales.

(b) in paragraph 2—

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

(ii) in point (g), for “Community rules” there were substituted “legislation in force in Wales”;

(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 “Wales”;

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

(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 “Wales”;

(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”;

(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) (Wales) (EU Exit) 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 Wales”;

(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 Wales”;

(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”.

PART 6 — Amendment of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018

Amendment of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018

20

In regulation 2 of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018[^f00062] (interpretation), for the definition of “third country” substitute—

“third country” (“trydedd wlad”) means a country or territory other than the British Islands;

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);

(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);

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