The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022

Amendment of Commission Decision 2007/777/EC

10.—(1) Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries(1) is amended as follows.

(2) After Article 1 (subject matter and scope) insert—

“Article 1a Publication of code representing part of a country in Annex 2

The Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may for the purposes of an animal and public health certificate under this Decision specify, in a document published for the purposes of this Article, a system of words, letters or numbers representing a part of a third country listed in Part 2 or 3 of Annex 2.”.

(3) In Article 3(b) (animal health requirements concerning the origin and treatment of meat products and treated stomachs, bladders and intestines)—

(a) in the words before point (i) for “and” substitute “or”;

(b) in point (i)—

(i) for “listed”, in the first place it appears, substitute “identified with the code “AP” in the table”;

(ii) for “and the parts thereof” to the end, substitute “, or any parts thereof that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this point”;

(c) in point (ii)—

(i) after “Annex 1,” insert “such of”;

(ii) for “listed”, in the first place it appears, substitute “identified with the code “AP” in the table”;

(iii) for “and the parts thereof” to the end, substitute “or any parts thereof that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this point”.

(4) In Article 5 (consignments of meat products and treated stomachs, bladders and intestines in transit or storage in Great Britain),—

(a) renumber the unnumbered paragraph as paragraph 1;

(b) in point (a) of paragraph 1 (as renumbered by this paragraph)—

(i) omit “or a part thereof”;

(ii) after “Annex 2” insert “or any parts thereof that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this point,”;

(iii) omit “provided for therein”.

(c) after paragraph 1 (as renumbered by this paragraph) insert—

“2.   In point (a) of paragraph 1, “the minimum treatment” is whichever of the specific treatments set out in Part 4 of Annex 2 that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), specifies in a document published for the purposes of that paragraph as being the minimum treatment.”.

(5) After Article 5 insert—

“Article 5a Matters relating to the exercise of powers under this Decision

1.   The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions listed in paragraph 2 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal or public health in the United Kingdom, taking into account the animal health criteria and the public health criteria.

2.   The provisions are—

(a) Article 3(b)(i) (specification of third country or part thereof from which certain meat products not subject to specific treatment may be imported into Great Britain);

(b) Article 3(b)(ii) (specification of third country or part thereof from which certain meat products subject to specific treatment may be imported into Great Britain);

(c) in Article 5—

(i) paragraph 1(a) (specification of third country or part thereof from which certain meat products may be imported into Great Britain for transit to a further third country);

(ii) paragraph 2 (specification of minimum treatment for certain meat products which are to be imported into Great Britain for transit to a further third country).

(d) in Annex 1—

(i) paragraph 2(a)(ii) (specification of treatment for certain meat products);

(ii) paragraph 2(b)(i) (specification of treatment for certain meat products from more than one animal or animals of more than one species);

(iii) paragraph 2(b)(ii) (severity of final treatment for certain meat products);

(iv) paragraph 2(c)(ii) (severity of treatment for certain meat products made for mixing previously treated meat);

(v) the first sub-paragraph of paragraph 3 (specification of part of a third country from which certain meat products may be imported into Great Britain for transit to a further third country);

(vi) the second sub-paragraph of paragraph 3 (specification of treatment for certain unauthorised offal).

3.   Any assessment which is relied upon for the purposes of paragraph 1 must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).

4.   Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 2 the Secretary of State must have regard to that request.

5.   In this Article—

“animal health criteria” means the criteria set out in Schedule 1 to the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019(2);

“public health criteria” means the criteria set out in Schedule 2 to those Regulations.”.

(6) In Annex 1—

(a) in paragraph 2(a)—

(i) in point (i), for “set out under” substitute “indicated by the code “AP” in”;

(ii) for point (ii) substitute—

“(ii) have undergone any specific treatment, as set out in Part 4 of Annex 2, for meat of that species or animal that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this point;”;

(b) in paragraph 2(b)—

(i) in point (i)—

(aa) for “set out under” substitute “indicated by the code “AP” in”;

(bb) for “their final treatment” substitute “such final treatment”;

(cc) at the end insert “, as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this point”;

(ii) in point (ii)—

(aa) for “treatment”, in the second place where it appears, substitute “of the treatments”;

(bb) for “set out under the relevant column in Parts 2 and 3 of Annex 2” substitute “the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales) may specify in a document published for the purposes of this point”;

(c) in paragraph 2(c)(ii)—

(i) for “the relevant treatment” substitute “such of the treatments” ;

(ii) after “Part 4 of Annex 2” insert “as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales) may specify in a document published for the purposes of this point”;

(iii) omit “as set out under the relevant column in Parts 2 and 3 of Annex 2”.

(d) in the first sub-paragraph of paragraph 3—

(i) omit “or parts thereof”;

(ii) after “Annex 2”, in the second place where it appears, insert “or such parts thereof as the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), may specify in a document published for the purposes of this paragraph”;

(e) in the second sub-paragraph of paragraph 3 (beginning “However, in cases”), for “the relevant treatment referred to in Part 2 of Annex 2” substitute “any treatment that the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales) may specify in a document published for the purposes of this paragraph”.

(7) Omit Part 1 of Annex 2 (regionalised territories for the countries listed in Parts 2 and 3).

(8) In Part 2 of Annex 2 (third countries or parts thereof from which the introduction of meat products and treated stomachs, bladders and intestines into Great Britain is authorised), in the table—

(a) in the heading, omit “or parts thereof”;

(b) omit the row that relating to “Argentina AR-1”;

(c) omit the row relating to “Argentina AR-2”;

(d) in the row relating to “Brazil”, in columns 3, 4, 5 and 10 insert “AP”;

(e) omit the row relating to “Brazil BR-1”;

(f) omit the row relating to “Brazil BR-2”;

(g) omit the row relating to “Brazil BR-3”;

(h) omit the row relating to “Brazil BR-4”;

(i) in the row relating to “Canada CA”, in columns 7, 8 and 14 insert “AP”;

(j) omit the row relating to “Canada CA-1”;

(k) omit the row relating to “Canada CA-2”;

(l) omit the row relating to “China CN-1”;

(m) in the row relating to “Malaysia-MY”, in columns 7, 8, 9, 13 and 14 insert “AP”;

(n) omit the row relating to “Malaysia MY-1”;

(o) in the row relating to “Russia RU”, in columns 3, 4, 5 and 6 insert “AP”;

(p) omit the row relating to “Russia RU-1”;

(q) omit the row relating to “Russia RU-2”;

(r) in the row relating to “Ukraine UA”, in columns 7, 8 and 14 insert “AP”;

(s) omit the row relating to “Ukraine UA-1”;

(t) omit the row relating to “Ukraine UA-2”;

(u) in the row relating to “United States US”, in columns 7, 8 and 14 insert “AP”;

(v) omit the row relating to “United States US-1”;

(w) omit the row relating to “United States US-2”;

(x) in the heading to the second column (country of origin or part thereof), omit “or part thereof”;

(y) in the second column—

(i) in the row relating to “Argentina-AR”, omit “AR”;

(ii) in the row relating to “Canada-CA”, omit “CA”;

(iii) in the row relating to “Malaysia-MY”, omit “MY”;

(iv) in the row relating to “Russia-RU”, omit “RU”;

(v) in the row relating to “Switzerland”, omit the footnote reference (“e”);

(vi) in the row relating to “Ukraine-UA”, omit “UA”;

(vii) in the row relating to “United States-US”, omit “US”;

(z) in columns 3 to 15 (heat treatment authorisations)—

(i) in the row relating to EU member States, Liechtenstein and Norway, insert “AP”;

(ii) for “A”, “B”, “C”, “D”, “E” or “F”, in each place they appear, except in column 7 in the row relating to Kosovo, substitute “AP”;

(iii) in column 7, in the row relating to Kosovo, for “C or D” substitute “AP”.

(9) In the remaining footnotes in Part 2 of Annex 2 (third countries or parts thereof from which the introduction of meat products and treated stomachs, bladders and intestines is authorised), (following the amendments made by paragraph (8)) following the table—

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

(b) in footnote d—

(i) for “a Member State of the European Union” substitute “Great Britain”;

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

(c) omit footnote e;

(d) omit the footnote labelled “#”, relating to EU member States, Lichtenstein and Norway.

(10) In Part 3 of Annex 2 (third countries or parts thereof not authorised for certain species under the non-specific treatment regime (A) but from where imports of biltong, jerky and pasteurised meat products are authorised), in the table—

(a) in the heading, omit “or parts thereof”;

(b) in the heading to column 2 (country of origin or part thereof) omit “or part thereof”;

(c) in column 2—

(i) in the entry relating to Argentina, omit “— AR”;

(ii) in the entry relating to Brazil, omit “-BR-2”;

(iii) omit the row relating to “Namibia NA-1”;

(d) in column 3, in the entry relating to Brazil, for “E or F” substitute “AP”;

(e) in columns 3 and 4, in the entries relating to Namibia, for “XXX”, in both places, substitute “AP”;

(f) in columns 3 to 15, for “A”, “D”, “E” and “F”, in each place they appear, except in column 3 in the entry relating to Brazil, substitute “AP”.

(11) in Part 4 of Annex 2, for the heading substitute “HEAT TREATMENTS AND RELATED CODES”.

(1)

EUDN 2007/777, amended by S.I. 2020/1462, S.I. 2021/211.

(2)

S.I. 2019/1225; amended by S.I. 2020/1462.