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

Commission Implementing Decision 2012/137/EU on imports into the Union of semen of domestic animals of the porcine species

40.—(1) Commission Implementing Decision 2012/137/EU on imports into the Union of semen of domestic animals of the porcine species is amended as follows.

(2) In Article 1—

(a) number the text as paragraph 1.

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

(c) for “Union” in each place, substitute “United Kingdom”;

(d) after the second subparagraph, insert—

“2.   In this Decision:

“the appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales), the Scottish Ministers (in relation to Scotland) and the Department of Agriculture, Environment and Rural Affairs (in relation to Northern Ireland); but “the appropriate authority” is the Secretary of State if consent is given by:

(a)

in relation to Wales, the Welsh Ministers;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

“third country” means any country other than a member State or the British Islands.

3.   For the purposes of Article 2(1)(b) of this Decision, Article 8 of Directive 90/429/EEC is to be read as if:

(a) “the Community” were replaced by “the United Kingdom”;

(b) “Member States” were replaced by “the appropriate authority”, except in the final subparagraph of paragraph 2;

(c) “third country” were defined to mean any country other than a member State or the British Islands;

(d) the requirement in in the first subparagraph of paragraph 2 on the competent authority of a third country to communicate with the Commission (and any requirement in the second subparagraph of paragraph 2 to inform the Commission) were a condition observed by that competent authority to communicate with and inform the appropriate authority;

(e) the requirement in the third subparagraph of paragraph 2 on the Commission to inform Member States of new and updated lists of semen collection centres were a condition observed by the appropriate authority to inform the other appropriate authorities about any such new and updated lists;

(f) paragraph 3 were omitted.”.

(3) In Article 2—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States”, substitute “The appropriate authority”,

(ii) in point (c), for the words “drawn up” to “that Annex”, substitute “as published by the appropriate authority from time to time”;

(b) in paragraph 2, for “Union”, substitute “United Kingdom”.

(4) In Article 3—

(a) in the heading, for “Union”, substitute “United Kingdom”;

(b) in paragraph 1, point (a) and in paragraph 2, for “Union” in each place, substitute “United Kingdom”.

(5) Omit Articles 5 and 7.

(6) Omit Annex 2.