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

Commission Decision 94/360/EC on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries

7.—(1) Commission Decision 94/360/EC on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) for “Member States”, substitute “appropriate authority”,

(ii) omit “Community”,

(iii) omit “, without prejudice to the EEA agreement”;

(b) in paragraph 2, for “each Member State”, substitute “the appropriate authority”;

(c) in paragraph 3—

(i) for “Articles 15 and 19 of Directive 90/675/EEC”, substitute—

“(a) Article 20 of Council Directive 97/78/EC; and

(b) Article 22 of that Directive read as if—

(i) the function of the Commission in paragraph 1 were a function of the appropriate authority to be exercised in accordance with domestic legislation, and

(ii) paragraphs 3 to 7 were omitted.”,

(ii) omit the second subparagraph;

(d) after paragraph 3, insert—

“4.   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;

“EU-derived domestic legislation” means an enactment made under the European Communities Act 1972(1);

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

(3) In Article 2, for “Member States”, substitute “The appropriate authority”.

(4) Omit Article 3.

(5) After Article 3, insert—

“Article 3a

1.   The appropriate authority must from time to time review the frequencies of the checks set out in Annex I of this Decision, or set out in any veterinary equivalence agreement concluded with the third country on a reciprocal basis, taking into account whether:

(a) the products originate in third countries or regions of third countries offering satisfactory health guarantees as regards checks at the port of origin on products intended for import;

(b) the products come from an establishment which has undergone either a previous EU inspection or an inspection from a relevant United Kingdom competent authority; and

(c) import certificates have been issued for the products concerned.

2.   When reviewing the frequency of checks in relation to a third country, the appropriate authority must, in relation to a third country, take account of:

(a) the guarantees offered for all or part of its territory with respect to compliance with residue checks;

(b) the health situation of animals;

(c) information on the general public health situation;

(d) the nature of the measures applied for monitoring and combating animal disease;

(e) the structures, skills, independence and qualifications of the veterinary service or other competent services;

(f) compliance with the minimum standards laid down in legislation with regard to production hygiene;

(g) the type of product or products and the potential health risk that is posed;

(h) rules on the authorization of certain substances and compliance with the requirements in relevant EU-derived domestic legislation concerning the prohibition on the use in stock farming of certain substances having a hormonal or thyrostatic action and of β-agonists;

(i) the outcome of previous EU or national inspection visits;

(j) the outcome of the import checks carried out;

(k) an analysis of the risk involved owing to the nature of the products to be imported, their presentation or mode of transport used.”.

(6) In Article 4, for “other Community legislation”, substitute “EU-derived domestic legislation”.

(7) Omit Articles 5, 6, 7 and 8.

(8) In Annex 1, in the heading, for “EACH MEMBER STATE”, substitute “THE APPROPRIATE AUTHORITY”.

(1)

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).