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Statutory Instruments

2019 No. 591

Exiting The European Union

Animals

The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

Made

14th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Marginal Citations

PART 1U.K.Introductory

Citation and commencementU.K.

1.  These Regulations may be cited as the Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Commencement Information

I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 2U.K.Amendments to Commission Implementing Regulation (EU) No 2015/262

Amendments to Commission Implementing Regulation (EU) No 2015/262U.K.

2.  Commission Implementing Regulation (EU) No 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 (Equine Passport Regulation) is amended as follows.

Commencement Information

I2Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 1U.K.

[F13.  In Article 1(1)—

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

(b)in point (b), for the words from “the Union” to the end substitute “Great Britain.”.]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 2U.K.

4.  In Article 2—

(a)for point (e)(i) (together with the following “or”) substitute—

“(i)entered or registered and eligible for entry in a studbook, in accordance with the rules laid down by Articles 4(3), 19(4), 30(9) and (10), 32, 33 and 34(1)(c) of, and Annex 1, Part 1 of Annex 2 and Annex 5 to—

and identified by means of an identification document issued by a competent authority, or”;

(b)in point (f)(i)—

(i)after “recognised”, insert “ [F2by the appropriate authority, by the zootechnical authority in Northern Ireland or] ”;

(ii)after “agency of”, insert “ the United Kingdom or of ”;

(c)in point (h), for the words from “either” to the end substitute “to the slaughterhouse for slaughter, either directly or through an approved marshalling centre, referred to in—

(i)Article 2(b) of Council Regulation 1/2005/EC, or

(ii)in relation to intended slaughter in a member State [F3or in Northern Ireland], Council Regulation 1/2005/EC, as that Regulation has effect in EU law, as amended from time to time M3;”;

(d)for point (i) substitute—

“(i)‘competent authority’ means—

(i)in [F4Great Britain], the appropriate authority or any other authority to which the competence of that authority has been conferred, including an official veterinarian;

(ii)in a member State, the central authority of the member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC, as amended from time to time (‘the EU Directive’) M4;

[F5(iii)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including the competent authority referred to in point (h) of the EU Directive;”];

(e)for point (j) substitute—

“(j)‘zootechnical authority’ means—

(i)in [F6Great Britain], the appropriate authority or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;

(ii)in a member State, the central authority competent for the implementation of Council Directive 90/427/EEC M5, as amended from time to time, or any authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Commission Decision 92/353/EEC, as that Decision has effect in EU law, as amended from time to time M6;

[F7(iii)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;”];

(f)for point (k) substitute—

“(k)‘temporary admission’ means the status of a registered horse coming from a third country and admitted into [F8Great Britain] for a period of days pursuant to—

(i)Article 3(1)(a) of Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;

(ii)a Decision adopted in accordance with Article 19(b) of the EU Directive;”;

[F9(g)omit point (l);]

[F10(ga)omit point (p);]

(h)in point (r), after “designated by” insert “ a competent authority of the United Kingdom, ”;

[F11(i)in point (t)—

(i)after “means the”, insert “veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013 or, in Northern Ireland or a member State, the”;

(ii)after “Directive 2001/82/EC”, insert “as that Directive has effect in EU law, as amended from time to time”;]

(j)after point (t) , insert—

“(u)‘third country’ means a country other than [F12the British Islands or] a member State;

(v)‘constituent territory of the United Kingdom free of African horse sickness’ means a constituent territory of the United Kingdom in which—

(i)there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years, and

(ii)there have been no vaccinations against that disease during the previous 12 months;

(w)‘constituent territory of the United Kingdom’ means England, Wales, Scotland, or Northern Ireland;

[F13(wa)‘constituent territory of Great Britain’ means England, Wales or Scotland;]

(x)‘appropriate authority’ means—

(i)in relation to England, the Secretary of State;

(ii)in relation to Scotland, the Scottish Ministers;

(iii)in relation to Wales, the Welsh Ministers;

F14(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(y)‘the EU Regulation’ means Commission Implementing Regulation (EU) 2015/262 M7, as that Regulation has effect in EU law, as amended from time to time.”.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2OJ No L 171, 29.6.2016, p 66.

M3OJ No L 3, 5.1.2005, p 1.

M4OJ No L 192, 23.7.2010, p 1, as last amended by Commission Implementing Decision (EU) 2016/1840 (OJ No L 280, 18.10.16, p 33).

M5OJ No L 224, 18.8.1990, p 5, as repealed by Regulation (EU) 2016/1012 (OJ No L 171, 29.6.2016, p 66.). References to Council Directive 90/427 (other than to Article 8(1), which continues to have effect by virtue of Article 64(3) of that Regulation) are to take effect as references to that Regulation by virtue of Article 64 of that Regulation.

M6OJ No L 192, 11.7.1992, p 63.

M7OJ No L 59, 3.3.2015, p 1.

Amendments to Article 3U.K.

5.  In Article 3—

(a)in paragraph 1, for the words from “one of” to “882/2004” substitute “ [F15Great Britain] ”;

(b)omit paragraph 3;

[F16(c)in paragraph 4—

(i)for “Member States” substitute “The appropriate authority”;

(ii)for “(EC) No 882/2004” substitute “(EU) 2017/625”.]

Textual Amendments

Commencement Information

I5Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 4U.K.

6.—(1) In Article 4—

[F17(a)in the heading—

(i)omit “Union”;

(ii)at the end, insert “in Great Britain”;]

[F18(ab)in paragraph 1, in the text before point (a)—

(i)omit “Union”;

(ii)after “system for the identification of equidae” insert “in Great Britain”;]

(b)in paragraph 2—

(i)in point (a)—

(aa)for points (i) and (ii) substitute—

“(i)Article 9 of this Regulation or of the EU Regulation, for equidae born in the United Kingdom or the Union; or

(ii)Article 14 of this Regulation or of the EU Regulation, for equidae imported into the United Kingdom or the Union;”;

(bb)in point (iii), after “30” insert “ of this Regulation or of the EU Regulation, ”;

(cc)in point (iv), after “Article 32” insert “ of this Regulation or of the EU Regulation, ”;

(ii)in point (b)—

(aa)in point (i), after “Article 24” insert “ of this Regulation or of the EU Regulation ”;

(bb)in point (ii), after “Article 26(2)” insert “ of the EU Regulation ”.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Chapter 2U.K.

[F197.  In the title of Chapter 2, for “the Union” substitute “Great Britain”.]

Textual Amendments

Commencement Information

I7Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 5U.K.

8.  In Article 5—

[F20(a)in the heading, for “the Union” substitute “Great Britain”;]

(b)in paragraph 1—

(i)for point (a) substitute—

“(a)for registered equidae (referred to in point of Article 2(e)(i))—

(i)by an organisation or association officially approved or recognised in accordance with Article [F214(3) of Regulation (EU) 2016/1012], as [F22it] has effect in EU law, as amended from time to time,

(ii)by an official agency in a member State,

(iii)by an organisation or association officially approved or recognised in accordance with Article [F214(3) of Regulation (EU) 2016/1012],

(iv)by an official agency in the United Kingdom,

which manages the studbook in which the equine animal has been entered or has been registered and is eligible for entry;”;

(c)in point (b), after “Member State” insert “ or constituent territory of the United Kingdom ”.

Textual Amendments

Commencement Information

I8Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 6U.K.

9.  In Article 6—

(a)in paragraph 1—

(i)for “Member States”, in the first place where it occurs substitute “ The appropriate authority ”;

(ii)omit “the other”, in the first place where it occurs;

[F23(iii)after “Member States,” in the second place where it occurs, insert “the competent authority for Northern Ireland,”;]

(b)in paragraph 2(c), omit the words from the beginning to “and”;

(c)for paragraph 3 substitute—

“3.  The appropriate authority must make the information in the list provided for in paragraph 1 available on a website which must be directly accessible to member States, [F24the competent authority for Northern Ireland,] the public and issuing bodies.”.

Textual Amendments

Commencement Information

I9Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 7U.K.

[F2510.  In Article 7, in the heading and in paragraph 1, for “the Union” substitute “Great Britain”.]

Textual Amendments

Commencement Information

I10Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Article 8U.K.

[F2611.  In the heading to Article 8, for “the Union” substitute “Great Britain”.]

Textual Amendments

Commencement Information

I11Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 9U.K.

12.  In Article 9—

[F27(a)in the heading, for “the Union” substitute “Great Britain”;]

(b)in paragraph 2, for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ”.

[F28(c)in paragraph 3(b), for “2 or 3 of Decision 96/78/EC” substitute “15 of Regulation (EU) 2016/1012”.]

Textual Amendments

Commencement Information

I12Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 10U.K.

13.  In Article 10—

(a)in paragraph 1(a), omit the words from “, or an equivalent” to the end;

(b)in paragraph 3(b), omit the words from “or an authorised” to the end.

Commencement Information

I13Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 11U.K.

14.  In Article 11—

[F29(a)in the heading, for “the Union” substitute “Great Britain”;]

(b)for paragraph 1 substitute—

“1.  Keepers must submit an application for identification documents for equidae born in [F30Great Britain] to the appropriate issuing body in [F30Great Britain], and must provide all information necessary to comply with this Regulation.”;

(c)in paragraph 2—

(i)for “Member States”, substitute “ The competent authority ”;

(ii)omit “and Article 13(1)”;

[F31(d)in paragraph 3—

(i)omit “and in accordance with Article 1 of Decision 96/78/EC”;

(ii)for the words from “other than” to the end substitute “or in Northern Ireland, rather than in Great Britain”.]

Textual Amendments

Commencement Information

I14Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 12U.K.

15.  In Article 12—

[F32(a)in the heading, for “the Union” substitute “Great Britain”;]

(b)in paragraph 1—

[F33(i)for “the Union” substitute “Great Britain”;]

(ii)omit “or in accordance with Article 26(2)”;

(c)omit paragraph 2;

(d)in paragraph 3—

(i)in the words before point (a), for “paragraphs 1 and 2” substitute “ paragraph 1 ”;

(ii)in point (b), for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ”.

Textual Amendments

Commencement Information

I15Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Omission of Article 13U.K.

16.  Omit Article 13.

Commencement Information

I16Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Chapter 3U.K.

[F3417.  In the heading of Chapter 3, for “the Union” substitute “Great Britain from a third country”.]

Textual Amendments

Commencement Information

I17Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 14U.K.

18.  In Article 14—

[F35(a)for “the Union” substitute “Great Britain from a third country”;]

(b)for point (a)(i) substitute—

“(i)in the case of registered equidae, by a body in a third country, included in the list provided for in—

Textual Amendments

Commencement Information

I18Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 15U.K.

19.  In Article 15—

[F36(a)in the heading, for “the Union” substitute “Great Britain from a third country”;]

(b)in paragraph 1—

(i)in the words before point (a)—

(aa)for “Article 5(1)” substitute “ Article 5(1)(a)(iii) and (iv) and (b) ”;

(bb)for “Article 5(16)(a) of Regulation (EU) No 952/2013” substitute “ section 3(3) of the Taxation (Cross-Border Trade) Act 2018 ”;

[F37(ii)in point (a), for “the Union” substitute “Great Britain from a third country”;]

[F38(iii)in point (b)—

(aa)after “admission of a registered horse” insert “from a third country”;

(bb)for the words from “a Decision” to the end substitute “the procedure referred to in Article 19 of Regulation 2018/659;”;]

(c)in paragraph 3, for “Directive 90/427/EEC” substitute “ this Regulation ”.

Textual Amendments

Commencement Information

I19Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Insertion of new Article 15AU.K.

20.  After Article 15, insert—

“Article 15AU.K.Identification of equidae for purposes of travel to the European Union [F39or Northern Ireland]

1.  On an application made in accordance with paragraph 3, the competent authority may issue an EU travel identification document for the purposes of exporting an equine animal from [F40Great Britain to the Union, or for the purposes of moving an equine animal from Great Britain to Northern Ireland, whether or not for a temporary period].

2.  An EU travel identification document may be issued where—

(a)the equine animal does not fall within the categories referred to in Article 14(a)(i) or (ii);

(b)at the date of the application, the equine animal is identified by a valid single identification document in accordance with Article 9, 14, 29, 30 or 32, and

(c)that identification document was issued by an issuing body referred to in Article 5(1)(c)(ii).

3.  An application to the competent authority for an EU travel identification document must be—

(a)made by the owner or keeper of the equine animal, and

(b)accompanied by the identification document referred to in paragraph 2(b).”.

Textual Amendments

Commencement Information

I20Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Article 16U.K.

21.  In Article 16(1)(a), after “issued”, insert “ (by an issuing body either in the United Kingdom or in a member State) ”.

Commencement Information

I21Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 17U.K.

22.  In Article 17—

(a)in paragraph 1(b) and (c) and 2, after “Article 21”, insert “ of the EU Regulation ”;

(b)in paragraph 3, after “Union”, insert “ or the United Kingdom ”.

[F41(c)omit paragraph 4.]

Textual Amendments

Commencement Information

I22Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 18U.K.

23.  In Article 18—

(a)for paragraph 3 substitute—

“3.  The minimum qualification required for the intervention provided for in paragraph 2 is that the person implanting the transponder into the equine animal is a current and registered member of the Royal College of Veterinary Surgeons or of an equivalent professional body in a member State.”;

(b)in paragraphs 4 and 5(b), after “Article 21”, insert “ of the EU Regulation ”.

Commencement Information

I23Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 19U.K.

24.  In Article 19—

(a)in paragraph 1, for “Member States” substitute “ The appropriate authority ”;

(b)for paragraph 2 substitute—

“2.  The rules laid down in accordance with paragraph 1 must not compromise the system of identification for registered equine animals laid down (in accordance with Article 19(1) of the EU Regulation, by issuing bodies in member States [F42or in Northern Ireland]).”.

Textual Amendments

Commencement Information

I24Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Omission of Article 21U.K.

25.  Omit Article 21.

Commencement Information

I25Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Article 22U.K.

26.  In Article 22(1)(a), after “Article 21” insert “ of the EU Regulation ”.

Commencement Information

I26Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Article 23U.K.

27.  In Article 23(2)(b)(i), for “a Member State” substitute “ [F43Great Britain] ”.

Textual Amendments

Commencement Information

I27Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 24U.K.

28.  In Article 24—

(a)in paragraph 1, for “the same Member State” substitute “ [F44Great Britain] ”;

[F45(b)omit paragraph 3.]

Textual Amendments

Commencement Information

I28Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 25U.K.

29.  In Article 25—

(a)in paragraph 1, for “the same Member State” substitute “ [F46Great Britain] ”;

(b)for paragraph 2 substitute—

“2.  Paragraph 1 also applies in relation to the transportation of registered equidae or equidae for breeding and production within [F47Great Britain] in circumstances where those equidae have entered [F47Great Britain] from a member State [F48or from Northern Ireland].”.

Textual Amendments

Commencement Information

I29Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 26U.K.

30.  In Article 26—

(a)after paragraph 1, insert—

“1A.  Where an EU travel identification document has been issued in accordance with Article 15A in respect of an equine animal, in addition to the document specified in paragraph 1(b) or (c), the EU travel identification document must also accompany that animal while it is being moved or transported to the slaughterhouse.”;

(b)omit paragraphs 2 and 3.

Commencement Information

I30Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 27U.K.

31.  In Article 27—

(a)in paragraph 1—

(i)in point (b), omit the words from “or mark” to the end of point (b);

(ii)in point (d), for the words from “, where required” to the end substitute “ of the equine animal; ”;

(b)in paragraph 2—

(i)in the words before point (a), for “Member State” substitute “ constituent territory of [F49Great Britain] ”;

(ii)in point (a), for “Member State where the holding is located” substitute “ United Kingdom ”;

[F50(iii)in point (b), in the words before point (i), for the words from “the Member State where” to “Member” substitute “Great Britain from a member”;]

[F51(iv)in points (b)(ii) and (iii), for “the Member State” substitute “Great Britain”;]

(c)in paragraph 3—

[F52(i)in point (a)(ii)—

(aa)for “Decision 92/353/EEC” substitute “Article 4(3) of Regulation (EU) 2016/1012”;

(bb)for the words from “Member State” to “located” substitute “United Kingdom”;

(cc)for “Decision 96/78/EC” substitute “Annex II of Regulation (EU) 2016/1012”;]

(ii)for point (c) substitute—

“(c)with the competent authority of the constituent territory where the holding of the equine animal is located or with any of the issuing bodies designated in accordance with this Regulation by that competent authority.”.

Textual Amendments

Commencement Information

I31Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Article 28U.K.

32.  In Article 28(c), omit the words from “, where the change of ownership is required” to the end.

Commencement Information

I32Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 29U.K.

33.  In Article 29—

(a)in paragraph 1—

(i)in the words before point (a), for “Article 5(1)” substitute “ Article 5(1)(a)(iii) or (iv), (b) or (c) ”;

(ii)in point (a), after “Article 21” insert “ of the EU Regulation ”;

(b)in paragraph 2—

(i)in the words before point (a), for “in Article 5(1)” substitute “ in that paragraph ”;

(ii)in point (a), omit the words from “or an authorised” to the end;

(c)in paragraph 4—

(i)for “Article 5(1)”, in the first place where it occurs, substitute “ paragraph 1 ”;

(ii)for the words from “Article 5(1)”, in the second place it occurs, to the end substitute “ paragraph 1 in the constituent territory of [F53Great Britain] where the holding of the equine animal is located. ”.

Textual Amendments

Commencement Information

I33Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 30U.K.

34.  In Article 30—

[F54(a)in the heading, for “the Union” substitute “Great Britain”;]

(b)in point (b), for “Member State”, in both places it occurs, substitute “ constituent territory of [F55Great Britain] ”.

Textual Amendments

Commencement Information

I34Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F56Amendments to Article 31U.K.

34A.  In Article 31(1), omit point (b).]

Textual Amendments

Commencement Information

I35Reg. 34A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 32U.K.

35.  In Article 32—

(a)in paragraph 1, in the words before point (a) and in point (a)(ii), for “Article 5(1)” substitute “ Article 5(1)(a)(iii) or (iv), (b) or (c) ”;

(b)in paragraph 2(a), omit the words from “or apply” to the end.

Commencement Information

I36Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 33U.K.

36.  In Article 33—

(a)the existing paragraph becomes paragraph 1;

(b)in that paragraph—

[F57(i)for point (a) substitute “referred to in paragraph 1A;”;]

(ii)for point (b) substitute—

“(b)situated in—

[F58(i) a country or region that is not free from African horse sickness;]

(ii)a constituent territory of [F59Great Britain] that is not free of African horse sickness.”;

(c)after point (b), insert—

F60“(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61(c)] subject to an order under section 1 of the Animal Health Act 1981 M8 preventing the introduction into or spreading of disease within Great Britain or any of the constituent territories of [F62Great Britain] F63....

[F641A.  The holdings referred to in paragraph 1(a) are those where:

(a)equidae suspected of having contracted dourine are or have been located, unless it has been at least six months since the last actual or possible contact with a sick animal. This paragraph does not apply where the animal referred to in paragraph 1 has been castrated;

(b)equidae suffering from glanders or equine encephalomyelitis are or have been located, unless it has been at least six months since the day on which the equidae suffering from the disease in question was slaughtered;

(c)animals suffering from infectious anaemia are or have been located, unless the infected animals have been slaughtered and the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;

(d)cases of vesicular stomatitis have been recorded, unless it has been at least six months since the last recorded case;

(e)cases of rabies have been reported, unless it has been at least one month since the last recorded case;

(f)cases of anthrax have been reported, unless it has been at least 15 days since the last recorded case.

1B.  If all the animals of a species susceptible to the disease located on the holding referred to in paragraph 1A have been slaughtered and the premises disinfected, the period referred to in paragraphs 1A(a) to (e) shall be 30 days, beginning on the day on which the animals were destroyed and the premises disinfected.]

2.  For the purposes of paragraph 1(b)F65..., a constituent territory of the United Kingdom is not free of African horse sickness if—

(a)clinical, serological (in unvaccinated animals) or epidemiological evidence has revealed the presence of African horse sickness in that [F66country, region or constituent territory] in the past two years;

(b)vaccination against African horse sickness has been carried out in that [F66country, region or constituent territory] in the past 12 months.”.

Textual Amendments

Commencement Information

I37Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

Amendment to Article 34U.K.

37.  In Article 34—

(a)in paragraph 1(c)(i) and (ii), for the words from “or through” to “Article 36(2)” substitute “ or, where the issuing body is in a member State, either directly or through the contact point referred to in Article 36(2) of the EU Regulation ”;

(b)in paragraph 2(a)—

(i)in point (i), for “the second subparagraph of Article 4(4)(a) of Directive 2009/156/EC” substitute “ animal health legislation in force in the constituent territory of [F67Great Britain] ”;

(ii)in point (ii), for “in accordance with Article 7(3) of Directive 2009/156/EC” substitute “ must record the identification number or identification document number of the slaughtered animal and, if requested to do so by the competent authority of the constituent territory of [F68Great Britain] where the animal was slaughtered, must forward to that competent authority an attestation to the effect that the animal has been slaughtered ”.

Textual Amendments

Commencement Information

I38Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 36U.K.

38.—(1) In Article 36—

(a)in the heading, omit “Obligations of Member States to ensure”;

(b)for paragraphs 1 to 3 substitute—

“1.  A competent authority of a constituent territory of [F69Great Britain] may issue guidance on procedure and time limits for returning the invalidated identification document to the issuing body in accordance with Article 34(1)(c)(ii).

2.  The contact point for receiving the attestation of destruction of the identification document referred to in Article 34(1)(c)(i) of the EU Regulation, or the identification documents referred to in Article 34(1)(c)(ii) of the EU Regulation, is—

(a)in England [F70and Wales], the Food Standards Agency M9;

(b)in Scotland, Food Standards Scotland M10.

3.  The appropriate authority must make details of the contact point referred to in paragraph 2 available to member States [F71, the competent authority in Northern Ireland] and to the public on the website referred to in Article 6(1).”.

Textual Amendments

Commencement Information

I39Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M9In England, Wales and Northern Ireland, the contact point referred to in Article 36(2) is the Food Standards Agency (see regulations 2(1) and 3 of, and Schedules 4 and 5 to, the Official Feed and Food Controls (England) Regulations (S.I 2009/3255); regulations 2(1) and 3 of, and Schedules 4 and 5 to, the Official Feed and Food Controls (Wales) Regulations (S.I 2009/3376)); regulations 2(1) and 3 of, and Schedules 4 and 5 to, the Official Feed and Food Controls (Northern Ireland) Regulations (S.R. 2009/427)).

M10In Scotland, the contact point is Food Standards Scotland (see regulations 2(1) and 3 of, and Schedules 4 and 5 to, the Official Feed and Food Controls (Scotland) Regulations (S.S.I. 2009/446)).

Amendments to Article 37U.K.

39.  In Article 37—

(a)in paragraph 1(b), for “Article 10(2) of Directive 2001/82/EC” substitute “ regulation 8(b) of, and Schedule 4 to, the 2013 Regulations ”.

(b)in paragraph 2, in the words before point (a), for the words from “in accordance”, in the first place it occurs, to “2001/82/EC” substitute “ with a medicinal product administered in accordance with a provision specified in paragraph 3A, the veterinarian responsible for treating the equine animal ”;

(c)in paragraph 3, in the words before point (a), for the words from “as referred” to “Article 10(2) of Directive 2001/82/EC” substitute “ for treating the equine animal in accordance with regulation 8(b) of, and Schedule 4 to, the 2013 Regulations shall ensure that ”;

(d)after paragraph 3 insert—

“3A.  The provisions specified in this paragraph are—

(a)regulation 8(b) of, and Schedule 4 to, the 2013 Regulations;

(b)Commission Regulation (EU) 1950/2006.”;

(e)in paragraph 4, for “Member State” substitute “ constituent territory of [F72Great Britain] ”;

(f)omit paragraph 5;

(g)in paragraph 6, for “Article 10(3) of Directive 2001/82/EC” substitute “ Schedule 4 to the 2013 Regulations ”;

(h)after paragraph 6 insert—

“7.  In this Article, ‘the 2013 Regulations’ means the Veterinary Medicines Regulations 2013.”.

Textual Amendments

Commencement Information

I40Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment to Article 38U.K.

40.  In Article 38—

(a)in paragraph 3,

[F73(i)] in the words before point (a), for “Member State” substitute “ constituent territory of the United Kingdom or in the member State ”;

[F74(i)in point (a), after “with Article 5(1);” insert “and”;

(ii)in point (b), at the end insert “, if different”;]

(b)after paragraph 3 insert—

“4.  Where an EU travel identification document has been issued in respect of an equine animal, the competent authority issuing the document must communicate the information specified in paragraph 1, and the fact that an EU travel identification document has been issued, to the central database for the appropriate constituent territory of [F75Great Britain], established in accordance with Article 39.”.

Textual Amendments

Commencement Information

I41Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 39U.K.

41.  In Article 39—

(a)in paragraph 1, for “Member States” substitute “ The appropriate authority ”;

(b)in paragraph 2—

(i)in the words before point (a), for “those Member States that have” substitute “ a constituent territory of [F76Great Britain] which has ”;

(ii)in point (a), for “accordance with Article 40” substitute “ the other constituent territories of the United Kingdom and in member States ”;

(c)for paragraph 3 substitute—

“3.  The appropriate authority must make the name, address and contact details of the central database of a constituent territory available to member States, the other constituent territories of the United Kingdom and to the public.”.

Textual Amendments

Commencement Information

I42Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 40U.K.

42.  In Article 40—

(a)in paragraph 1, for “Each Member State” substitute “ The appropriate authority ”;

(b)in paragraph 2—

(i)in the words before point (a), for the words from “Member States” to “89/608/EC” substitute “ The appropriate authority shall ensure cooperation with member States and with the other constituent territories of the United Kingdom in the operation of the territory's central database ”;

(ii)in point (a), for “Member State” substitute “ member State or the constituent territory of the United Kingdom ”;

(iii)in point (b), for “other Member States” substitute “ member States and of the other constituent territories of the United Kingdom ”.

Commencement Information

I43Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Omission of Article 41U.K.

43.  Omit Article 41.

Commencement Information

I44Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 42U.K.

44.  In Article 42—

(a)for the heading, substitute “ References to repealed Regulation ”;

(b)omit the first paragraph;

(c)in the second paragraph, for “the repealed Regulation” substitute “ Regulation (EC) No 504/2008 ”.

Commencement Information

I45Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 43U.K.

45.  In Article 43—

[F77(a)in paragraph 2, for “the Union or imported into the Union” substitute “Great Britain or imported into Great Britain”;]

(b)omit paragraphs 3 and 4.

Textual Amendments

Commencement Information

I46Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Revocation of final provisionU.K.

46.  After Article 44, omit the words from “This Regulation” to “all Member States”.

Commencement Information

I47Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Annex 1U.K.

47.—(1) Annex 1 is amended as follows.

(2) In Part 1—

(a)omit the French text;

(b)in paragraph 1, for the words from “in French” to the end substitute “ in English, and may also contain other languages ”;

(c)in paragraph 2(3), for “the second subparagraph of Article 4(4)(a) of Directive 2009/156/EC” substitute “ animal health legislation in force in the constituent territory of [F78Great Britain]”;

(d)in paragraph 3(10), for “on the territory of a Member State” substitute “ within [F79Great Britain]”;

(e)in section 2—

(i)in Part 2, for the words from “Article 6(3)” to “Article 10(2) of that Directive” substitute “ regulation 8 of, and Schedule 4 to, the Veterinary Medicines Regulations 2013 or authorised in accordance with Commission Regulation 122/2013 ”;

(ii)in Part 3, for the sentence beginning “Without prejudice” substitute—

“Without prejudice to any other food or product safety legislation in effect in [F80Great Britain], the equine animal may be subject to treatment in accordance with Commission Regulation 122/2013 with the condition that the equine animal so treated may only be slaughtered for human consumption after the end of the general withdrawal period of 6 months following the date of last administration of a substance listed in Commission Regulation 122/2013.”;

(iii)in the table headed “medication record”, in the first and third columns, in the first paragraph, for “Article 10(3) of Directive 2001/82/EC” substitute “ Commission Regulation 122/2013 ”;

[F81(ea)in section 3, in the heading, omit “in accordance with Article 4(4)(a) of Directive 2009/156/EC”;]

(f)in section 10—

(i)in the heading, “Basic health conditions”, omit “(Article 4(4)(a) of Directive 2009/156/EC)”;

(ii)in the second heading, for “not valid to enter the European Union” substitute “ [F82only valid to enter Great Britain from a member State or Northern Ireland] ”;

(iii)in the first paragraph, in the words before point (a), for “on the territory” to “Union” substitute “[F83from a member State or Northern Ireland to the territory of Great Britain]”.

Textual Amendments

Commencement Information

I48Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 3U.K.Amendments to Commission Decisions

Amendments to Commission Decision 92/216/EECU.K.

48.—(1) Commission Decision 92/216/EEC on the collection of data concerning competitions for equidae as referred to in Article 4(2) of Council Directive 90/428/EEC is amended as follows.

(2) For Article 1, substitute—

“Article 1U.K.

1.  The competent authority of each constituent territory of the United Kingdom must appoint a coordinating authority responsible for collecting the data concerning—

(a)competitions reserved for equidae registered in a specific studbook for the purpose of permitting the improvement of the breed;

(b)regional competitions with a view to selecting equidae;

(c)historic or traditional events.

[F84(d)the criteria for the distribution of funds for the safeguard, development and improvement of breeding which have been reserved from the prize money or profits of competitions.]

F852.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F853.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(3) Omit Article 2.

Textual Amendments

Commencement Information

I49Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

Amendments to Commission Decision 92/353/EECU.K.

F8649.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

Amendments to Commission Decision 92/354/EECU.K.

F8750.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 4U.K.Amendments to the EEA agreement

Amendments to the Annex to the EEA AgreementU.K.

51.  In Annex 1 to the EEA agreement (veterinary and phytosanitary matters), in Chapter 1 (veterinary issues), omit the words from “The provisions of” to the end of the second paragraph of point (c) in the following provisions——

(a)Part 2 (zootechnics), section 2.2 (application texts), point 33;

(b)Part 4 (animal health: exchange and placing on the market of live animals), section 4.2 (application texts), point 85.

Commencement Information

I50Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a) to (c) of that Act) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to retained direct EU legislation in the field of equine identification.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.