The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019

Regulation 7(1)

SCHEDULE 5 Amendments to the Trade Related Provisions

Amendment to the Rabies (Importation of Dogs, Cats and other Mammals) Order (Northern Ireland) 1977

1.  In the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977 is amended as follows.

2.  In Article 3—

(a) in paragraph (1), in the definition of “Pets Regulation quarantine end date”, in sub-paragraph (a) in paragraphs (iii), (iv) and (v), for “7” substitute “6”;

(b) in paragraph (1A), for the words from “No 1152/2011” to the end substitute “2018/772 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs.”.

3.  Article 4(14)(b), in the definition of “Council Directive 92/65/EEC”, after “Directive 90/425/EEC” insert “, as last amended by Commission Implementing Decision (EU) No 2017/2174”.

Amendments to the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988

4.  In the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988 in regulation 2(1) (interpretation), in the definition of “the Directive”—

(a) at the end of paragraph (iii), delete “and”

(b) at the end of paragraph (iv), for “.” insert “;”; and

(c) after paragraph (iv) insert—

“(v) Council Directive 2008/73/EC; and

(vi) Commission Implementing Decision 2011/629/EU”.

Amendment to the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993

5.  In the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993, in regulation 2(1) (interpretation), in the definition of “the Directive”, at the end add “, as last amended by Commission Implementing Regulation (EU) No 176/2012”.

Amendments to the Animals (Post-Import Control) Order (Northern Ireland) 1993

6.  The Animals (Post-Import Control) Order (Northern Ireland) 1993 is amended as follows.

7.  In Article 3(1)(a) (importation of bovine animals from areas not free from warble fly), for sub-paragraph (a) substitute—

“(a) within 24 hours of their arrival at the place of destination ensure that they are treated for warble fly with a product authorised in accordance with Directive 2001/82/EC on the Community code relating to veterinary medicinal products as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council.”.

8.  In Article 4(1) (importation of bovine animals from Canada), for “Commission Decision 83/494/EEC concerning animal health conditions and veterinary certification for the importation of domestic animals of the bovine and porcine species from Canada” substitute—

“Commission Regulation (EU) No. 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements, as last amended by Commission Implementing Regulation (EU) 2017/731”.

9.  In Article 4(2), for “Commission Decision 83/494/EEC” substitute “Commission Regulation (EU) 206/2010, as last amended by Commission Implementing Regulation (EU) 2017/731”.

10.  In paragraph 21 of Schedule 1 (conditions applicable to post-import isolation premises for bovine animals), for “Commission Decision 83/494/EEC” substitute “Commission Regulation (EU) 206/2010 (as last amended by Commission Implementing Regulation (EU) 2017/731)”.

Amendment to the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994

11.  In the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994, in regulation 2(1) (interpretation), in the definition of “the Directive”, after “Directive 90/425/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2017/2174”.

Amendments to the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996

12.  The Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996 are amended as follows.

13.  In regulation 2(1) (interpretation), in the definition of “the Directive”, after “bovine species” insert “, as last amended by Council Directive 2008/73/EC”.

14.  In regulation 6(2)(e) (collection of embryos), after “bovine species” insert “, as amended by Council Directive 2003/43/EC”.

15.  In regulation 8(c) (production of embryos in vitro), after “88/407/EEC” insert “(as amended by Council Directive 2003/43/EC)”.

16.  In regulation 15(5) (transplantation of embryos), for sub-paragraph (c) substitute—

“(c) imported into Northern Ireland in accordance with the provisions of the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 or any Regulations which they supersede;”.

Amendments to the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007

17.  In the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007, in regulation 2(1) (interpretation), in the definition of “Regulation 882/2004”—

(a) for “as amended by Commission Regulation (EC) No. 776/2006 amending Annex VII as regards Community reference laboratories” substitute “as last amended by Commission Regulation (EU) 2018/1587”;

(b) omit sub-paragraph (b);

(c) for sub-paragraph (c), substitute “Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council”; and

(d) in paragraph (d), for “Regulation (EC) No. 575/2006 of the European Parliament and of the Council” substitute “Commission Regulation (EU) 2017/228”.

Amendments to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011

18.  The Trade in Animals and Related Products Regulations (Northern Ireland) 2011 are amended as follows.

19.  In regulation 2(1) (interpretation), in the definition of CVED—

(a) at the end of sub-paragraph (a), add “, as last amended by Commission Implementing Regulation (EC) No. 494/2014”; and

(b) at the end of sub-paragraph (b), add “, as last amended by Commission Regulation (EC) No. 585/2004”.

20.  In regulation 7(1) (notification of movement of animals and genetic material between member States), after “(on the introduction of the Traces system)” insert “, as last amended by Commission Decision 2005/515/EC”.

21.  In regulation 7(2) (notification of movement of animals and genetic material between member States), after “trade in equidae)” insert “, as last amended by Council Directive 2008/73/EC,”.

22.  In regulation 23(4) (action following failure of checks or seizure – animals), for “Commission Decision 92/260/EEC (on animal health conditions and veterinary certification for temporary admission of registered horses)” substitute—

“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.”.

23.  In regulation 28 (admission of products into warehouses), for the words from “in a free zone” to the end, substitute—

“in contravention of Section 2 (customs warehousing) or Section 3 (free zones) of Chapter 3 of Title VII of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code ”.

24.  In regulation 32(5) (enforcement), for “under Articles 37 and 38 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code” substitute—

“under Articles 134 and 135 of Council Regulation (EU) No 952/2013 laying down the Union Customs Code, as last amended by Regulation (EU) 2016/2339”.

25.  In regulation 35(2) (consignments from another member State constituting a risk to health), after “90/425/EEC,” insert “as last amended by Regulation (EU) 2016/1012,”.

26.  In Schedule 3, paragraph 10 (Horses), for “Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses” substitute—

“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”.

27.  In Schedule 4, paragraph 2 (case 1: personal imports and small consignments), after “products of animal origin” insert “, as last amended by Commission Regulation (EU) No. 519/2013”.

Amendment to the Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011

28.  The Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011 is amended as follows.

29.  In Article 2(1) (interpretation)—

(a) in the definition of “the Commission Implementing Regulation”, after “of the Council” insert “, as amended by Commission Implementing Regulation (EU) 2016/561”;

(b) for the definition of “the supplementary Regulation” substitute—

““the supplementary Regulation” means Commission Delegated Regulation (EU) 2018/772 supplementing Regulation (EC) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs.”

30.  In Article 9—

(a) for “7” substitute “6”;

(b) for “2(2)” substitute “7(1)(b)”.

Amendment to the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015

31.  In the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015, in the Schedule, in the table, in entry 17 (placing on the market and use of organic fertilisers and soil improvers), in the third column, omit “Article 36(1) of the EU Implementing Regulation (transitional measures)”.