The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

PART 4 Amendments to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019

Amendments to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019

19.—(1) The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 2—

(a) in the heading, after “states”, insert “, the Faroe Islands, Greenland”;

(b) after “trade with”, in the first place where it occurs, insert “the Faroe Islands, Greenland,”.

(3) In regulation 22—

(a) in paragraph (3), for the text inserted into Article 2 of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts substitute—

“(e) EU-derived domestic legislation: defined in section 2(2) of the EU (Withdrawal) Act 2018(2);

(f) the appropriate authority: in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers; in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(b) for paragraph (4) substitute—

“(4) In Article 3—

(a) in the heading, omit “listed in Annex I”;

(b) for paragraph (1) substitute—

“(1) A veterinary import check must be carried out on all animals and products appearing on the United Kingdom list published by the Secretary of State and from time to time amended with the consent of the appropriate authority. Where the appropriate authority requests that the Secretary of State amend the published lists, the Secretary of State must have regard to such request.”;

(c) in paragraph (2), for “Community”, substitute “United Kingdom”;

(d) in paragraph (3) for “Annex” substitute “published list””;

(c) for paragraph (5) substitute—

“(5) In Article 6—

(a) in paragraph 1(a)(iv), for “an official language of a Member State,” substitute “English (whether or not they also appear in any other language)”;

(b) for paragraph (1)(b) substitute—

“(b) composite products and foodstuffs that are exempt from veterinary import checks listed in a United Kingdom list published by the Secretary of State and from time to time amended with the consent of the appropriate authority.”;

(c) after paragraph (1) insert—

“(1A) Where the appropriate authority requests that the Secretary of State amend the published list referred to in paragraph (1)(b), the Secretary of State must have regard to that request.”;

(d) in paragraph 2, for “Commission Decision 2004/438/EC”, substitute “Regulation (EU) No 605/2010”.”.

(d) After regulation 37 insert—

“Council Decision 2011/408/EC laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived from these by-products coming from Greenland

37A.— (1) Council Decision 2011/408/EC laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived from these by-products coming from Greenland, for the purpose of import of goods into the United Kingdom, is amended as follows—

(2) In Article 3—

(a) in the heading, at the end insert “and between the United Kingdom and Greenland”;

(b) for paragraph 2 substitute—

“(2) Products listed in paragraph 1 that originate from Greenland and enter the United Kingdom are not subject to veterinary checks that would otherwise apply to products originating from countries that are not EEA States, provided that the following conditions are satisfied—

(a) Greenland has effectively transposed and implemented applicable rules laid down in EU legislation concerning animal health and food safety relating to the products;

(b) Greenland maintains a list of all the food and feed business operators which have been registered in accordance with the requirements of EU legislation relating to official controls(3);

(c) consignments of such products dispatched to the United Kingdom from Greenland conform with the requirements of EU legislation concerning animal health and food safety relating to the products.”.”

(1)

S.I. 2019/795, amended by S.I. 2019/813.

(2)

2018. c. 16.

(3)

Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.