The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 No. 1462

PART 2 U.K. Amendment of statutory instruments

CHAPTER 1 U.K. TARP Amendments

Amendment of the Trade in Animals and Related Products Regulations 2011 U.K.

2.  The Trade in Animals and Related Products Regulations 2011 M1 are amended in accordance with this Chapter.

Commencement Information

I1 Reg. 2 in force at 31.12.2020, see reg. 1(3)

Marginal Citations

M1 S.I. 2011/1197, relevant amending instruments: S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575 and 1037, 2019/1488 and 2020/109.

3.  In regulation 2—

(a) in paragraph (1)—

(i) in the appropriate places insert—

““appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of the Official Controls Regulation;”;

““border control post” has the meaning given in regulation 11;”;

““CHED” has the meaning given in regulation 10;”;

““third country” means any country or territory other than the British Islands.”;

(ii) in the definition of “importer”, for “United Kingdom” substitute “ British Islands ”;

(iii) in the definition of “intensified official controls”, after “65(4)” insert “ of the Official Controls Regulation ”;

(iv) in the definition of “official controls”, for “EU Regulation” substitute “ Official Controls Regulation ”;

(v) in the definition of “product”, in sub-paragraph (b), for “inspection” substitute “ control ”;

(b) omit paragraph (2).

(c) in paragraph (3)—

(i) in sub-paragraph (a), for “ “the EU Regulation”” substitute “ “Official Controls Regulation” ”;

(ii) omit sub-paragraphs (c) and (d).

Commencement Information

I2 Reg. 3 in force at 31.12.2020, see reg. 1(3)

4.  In regulation 3—

(a) for the heading, substitute “ Pet animals ”;

(b) after paragraph (1) insert—

“(1A) In addition to the requirements of these Regulations, dogs, cats and ferrets not exempted by paragraph (1) must not be moved into England from a third country unless they comply with the requirements set out in—

(a) points (a) to (d) of Article 10(1), subject to paragraph (1) of Article 12, of the Pets Regulation; and

(b) Commission Implementing Decision (EU) 2019/294 laying down the list of territories and third countries authorised for imports of dogs, cats and ferrets and the model animal health certificate for such imports.”.

Commencement Information

I3 Reg. 4 in force at 31.12.2020, see reg. 1(3)

5.  Omit regulation 4.

Commencement Information

I4 Reg. 5 in force at 31.12.2020, see reg. 1(3)

6.  Omit Part 2.

Commencement Information

I5 Reg. 6 in force at 31.12.2020, see reg. 1(3)

7.  In regulation 9—

(a) at the beginning insert “ Subject to regulation 26, ”;

(b) for “country outside the European Union” substitute “ third country ”;

Commencement Information

I6 Reg. 7 in force at 31.12.2020, see reg. 1(3)

8.  In regulation 10(4), for “EU Regulation” substitute “ Official Controls Regulation ”.

Commencement Information

I7 Reg. 8 in force at 31.12.2020, see reg. 1(3)

9.  In regulation 11—

(a) in paragraph (1), for “and listed” to the end substitute “ of the Official Controls Regulation ”;

(b) in paragraph (2), for “EU Regulation” substitute “ Official Controls Regulation ”;

(c) in paragraph (4), omit “, and must inform the Commission of the suspension and the reason”.

Commencement Information

I8 Reg. 9 in force at 31.12.2020, see reg. 1(3)

10.  In regulation 14(1), after “must notify” insert “ , through the appropriate computerised information management system, ”.

Commencement Information

I9 Reg. 10 in force at 31.12.2020, see reg. 1(3)

11.  In regulation 15—

(a) in paragraph (1)—

(i) for “documentation specified for that consignment in the relevant legislation listed in Schedule 1” substitute “ relevant export health certificate, in the form published by the Secretary of State and amended from time to time, and other documentation specified for that consignment in retained direct EU legislation relating to importation ”;

(ii) in sub-paragraph (a), for “EU Regulation” substitute “ Official Controls Regulation ”;

(b) in paragraph (4)—

(i) in sub-paragraph (a), for “the lists” to the end substitute “ a list drawn up in accordance with retained direct EU legislation for the species concerned or from which imports are otherwise prohibited under that legislation of approved third countries, or if imports from that country or territory are otherwise prohibited ”;

(ii) in sub-paragraph (c), for “legislation of the European Union” substitute “ retained direct EU legislation relating to importation ”;

(iii) in sub-paragraph (e), for “legislation of the European Union” substitute “ retained direct EU legislation ”;

(c) in paragraph (5)(b), after “product” insert “ or live animal ”.

Commencement Information

I10 Reg. 11 in force at 31.12.2020, see reg. 1(3)

12.  In regulation 17—

(a) for “the United Kingdom or a member State” substitute “ Great Britain ”;

(b) for “Secretary of State of its arrival” substitute “ appropriate authority of its arrival, and for this purpose “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland) ”.

Commencement Information

I11 Reg. 12 in force at 31.12.2020, see reg. 1(3)

13.  In regulation 18—

(a) except in the first place it occurs in paragraph (3), in each other place, including in the heading, for “the United Kingdom” substitute “ Great Britain ”;

(b) in paragraph (2)—

(i) for “animal consigned to a destination outside the European Union” substitute “ imported animal ”;

(ii) after “country” insert “ or territory ”;

(c) in paragraph (3) for “Products that arrive at a border control post for an ultimate destination outside the United Kingdom, and” substitute “ Imported products ”;

(d) in paragraph (4)—

(i) in the first place it occurs, for “European Union” substitute “ British Islands ”;

(ii) in the second place it occurs, for “the European Union” substitute “ any of the territories of the British Islands ”.

Commencement Information

I12 Reg. 13 in force at 31.12.2020, see reg. 1(3)

14.  In regulation 19—

(a) in paragraph (a), for “inspection” substitute “ control ”;

(b) in paragraph (b), after “CHED or” insert “ without ”.

Commencement Information

I13 Reg. 14 in force at 31.12.2020, see reg. 1(3)

15.  In regulation 20—

(a) in each place, for “EU Regulation” substitute “ Official Controls Regulation ”;

(b) in paragraph (1), for “Article 1(2)” substitute “ Chapter 5 of Title II ”;

(c) in paragraph (2)—

(i) after “representative,” insert “ and in accordance with Article 68(1)(b) of the Official Controls Regulation, ”;

(ii) for “the United Kingdom” substitute “ England ”;

(d) in paragraph (3)—

(i) in the words before sub-paragraph (a), for “may” substitute “ must ”;

(ii) in sub-paragraph (a), for “Article 1(2)” substitute “ Chapter 5 of Title II ”;

(iii) in sub-paragraph (b)—

(aa) for “the European Union” substitute “ Great Britain ”;

(bb) for “from arrival” substitute “ of the date of the official notification of the decision of the enforcement authority after arrival of the consignment ”.

Commencement Information

I14 Reg. 15 in force at 31.12.2020, see reg. 1(3)

16.  Omit regulation 21.

Commencement Information

I15 Reg. 16 in force at 31.12.2020, see reg. 1(3)

17.  In regulation 22—

(a) in paragraph (1)—

(i) for “the United Kingdom” substitute “ Great Britain ”;

(ii) for “this regulation applies” to the end substitute “ the enforcement authority may require extra physical checks and take samples for testing or analysis from subsequent consignments from the source concerned and take appropriate measures in accordance with Section 3 of Chapter 5 of Title II of the Official Controls Regulation ”;

(b) omit paragraph (3);

(c) for paragraph (4) substitute—

“(4) Where the person responsible for consignments is informed that extra checks will be required in accordance with paragraph 1, that person must, before the arrival of future consignments at any border control post, lodge with the relevant enforcement authority a deposit or guarantee sufficient to cover all costs incurred by that enforcement authority, including the costs of taking samples and carrying out tests or analysis.”.

Commencement Information

I16 Reg. 17 in force at 31.12.2020, see reg. 1(3)

18.  In regulation 23—

(a) in paragraph (1), for “Article 1(2)” substitute “ Chapter 5 of Title II ”;

(b) in each place, for “EU Regulation” substitute “ Official Controls Regulation ”.

Commencement Information

I17 Reg. 18 in force at 31.12.2020, see reg. 1(3)

19.  In regulation 26—

(a) in the heading, after “Exclusions” insert “ , derogations and modifications ”;

(b) the existing text becomes paragraph (1);

(c) after paragraph (1), insert—

“(2) The provisions of this Part apply subject to the derogations and modifications set out in Schedule 5.

(3) Paragraph (2) (and Schedule 5) have effect and remain in force from immediately after IP completion day until the end of the day on 31st July 2021.”.

Commencement Information

I18 Reg. 19 in force at 31.12.2020, see reg. 1(3)

20.  In regulation 27—

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

(b) omit paragraph (1A);

(c) in paragraph (3)(a)—

(i) omit “in the member State where the certificate was issued”;

(ii) for “inspection” substitute “ control ”.

Commencement Information

I19 Reg. 20 in force at 31.12.2020, see reg. 1(3)

21.  For regulation 28 substitute—

“Admission of products into warehouses in compliance with Customs procedures and storage procedures

28.   No person may bring into Great Britain a consignment of products that does not comply with the import requirements of these Regulations and the Customs procedures and storage procedures on imports in the Taxation (Cross-border Trade) Act 2018 M2 .”.

Commencement Information

I20 Reg. 21 in force at 31.12.2020, see reg. 1(3)

Marginal Citations

M2 2018 c. 22.

22.  In regulation 29—

(a) in paragraph (1)—

(i) for “the United Kingdom”, in both places, substitute “ Great Britain ”;

(ii) in sub-paragraph (a), after “country” insert “ or territory ”;

(iii) in sub-paragraph (b), for “EU Regulation” to “a member State” substitute “ Official Controls Regulation in relation to imports ”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), after “country” insert “ or territory ”;

(ii) in sub-paragraph (b)(ii)—

(aa) omit “from the European Union”;

(bb) for “EU Regulation” substitute “ Official Controls Regulation ”;

(cc) for “other countries” substitute “ third countries ”.

Commencement Information

I21 Reg. 22 in force at 31.12.2020, see reg. 1(3)

23.  In regulation 32(4), for “Article 134 of Council Regulation (EU) No 952/2013 laying down the Union Customs Code” substitute “ the Taxation (Cross-border Trade) Act 2018 ”.

Commencement Information

I22 Reg. 23 in force at 31.12.2020, see reg. 1(3)

24.  In regulation 34(h), for “EU Regulation” substitute “ Official Controls Regulation ”.

Commencement Information

I23 Reg. 24 in force at 31.12.2020, see reg. 1(3)

25.  In regulation 35—

(a) in paragraph (1), for “the Secretary of State”—

(i) in the first place it occurs, substitute “ the appropriate enforcement authority ”;

(ii) in the second place it occurs, substitute “ that enforcement authority ”;

(b) in paragraph (3)—

(i) in the first place it occurs, for “the Secretary of State” substitute “ the appropriate enforcement authority ”;

(ii) in the second place it occurs, for “the Secretary of State” substitute “ that enforcement authority ”;

(iii) for “Article 1(2) of the EU Regulation” substitute “ Chapter 5 of Title II of the Official Controls Regulation ”;

(c) in paragraphs (4) to (6), in each place, for “Secretary of State” substitute “ enforcement authority ”.

Commencement Information

I24 Reg. 25 in force at 31.12.2020, see reg. 1(3)

26.  In regulation 36, in each place, for “EU Regulation” substitute “ Official Controls Regulation ”.

Commencement Information

I25 Reg. 26 in force at 31.12.2020, see reg. 1(3)

27.  In regulation 37(1), for “the enforcement authorities in Wales, Scotland and Northern Ireland” substitute “ an enforcement authority in any of the territories of the British Islands ”.

Commencement Information

I26 Reg. 27 in force at 31.12.2020, see reg. 1(3)

28.  In regulation 38—

(a) for “Secretary of State” substitute “ enforcement authority ”;

(b) for “EU Regulation” substitute “ Official Controls Regulation ”.

Commencement Information

I27 Reg. 28 in force at 31.12.2020, see reg. 1(3)

29.  In regulation 39, in the table—

(a) omit the rows for “regulation 5(1) and (1A)” to “regulation 7” (including the corresponding entries in the second column);

(b) in the row for “regulation 28”, for the corresponding entry in the second column substitute “ Importing a product that does not comply with the import requirements of these Regulations and the Customs procedures and storage procedures on imports in the Taxation (Cross-border Trade) Act 2018 ”;

(c) in the section for Schedule 2, omit the rows for “paragraph 5(1)” to “paragraph 7” (including the corresponding entries in the second column);

(d) omit the row for “Schedule 3 paragraph 4(3)” (including the corresponding entry in the second column).

Commencement Information

I28 Reg. 29 in force at 31.12.2020, see reg. 1(3)

30.  In regulation 43, omit paragraph (2).

Commencement Information

I29 Reg. 30 in force at 31.12.2020, see reg. 1(3)

31.  In Schedule 2—

(a) for the shoulder reference, substitute “ Regulation 25 ”;

(b) omit Part 1;

(c) in Part 2, omit paragraph 10.

Commencement Information

I30 Reg. 31 in force at 31.12.2020, see reg. 1(3)

32.  In Schedule 3—

(a) for the shoulder reference, substitute “ Regulation 26(1) ”;

(b) in paragraph 2, for “the Commission Delegated Regulation” to the end substitute “ Commission Delegated Regulation (EU) 2019/2122 ”;

(c) in paragraph 4—

(i) in sub-paragraph (1), for “Regulation (EU) No 142/2011” substitute “ Commission Regulation (EU) No 142/2011 ”;

(ii) omit sub-paragraph (2);

(d) for paragraph 5 substitute—

“Case 4: Consignments cleared in Great Britain

5.   Consignments of animals and products from third countries that have been presented to any border control post in Great Britain and cleared for free circulation.”;

(e) in paragraph 6(2)(d), for “an official language of a member State” substitute “ English (whether or not it also appears in any other language) ”.

Commencement Information

I31 Reg. 32 in force at 31.12.2020, see reg. 1(3)

33.  After Schedule 4, insert—

Regulation 26(2)

“SCHEDULE 5 U.K. Application of, derogations from, and modifications to, Part 3 in relation to territories subject to special transitional import arrangements

PART 1 U.K. Introductory

Application

1.   This Schedule applies to products and live animals that originate from—

(a) a territory subject to special transitional import arrangements; or

(b) a third country other than a territory subject to special transitional import arrangements where, before importation into England, the products or live animals concerned—

(i) have been presented to a member State border control post recognised by the Secretary of State;

(ii) are accompanied by a CHED which has been completed to the satisfaction of the relevant authority; and

(iii) have been pre-notified.

Interpretation

2.   For the purposes of this Schedule—

“pre-notified” means notified using the appropriate computerised information management system;

“relevant goods” mean products and live animals falling within paragraph 1;

“territory subject to special transitional import arrangements” means—

(a)

an EU member State;

(b)

the Faroe Islands;

(c)

Greenland;

(d)

Iceland;

(e)

Liechtenstein;

(f)

Norway;

(g)

Switzerland;

“working day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 M3 .

Application of, derogations from, and modifications to, Part 3 of these Regulations

3.   The provisions of Part 3 of these Regulations apply to relevant goods with the derogations and modifications specified in Part 2 of this Schedule.

PART 2 U.K. Derogations from, and modifications to, Part 3 of these Regulations

Derogation from regulation 13: place of importation

4.— (1) Regulation 13 does not apply to relevant goods.

(2) Relevant goods are not required to enter England through a border control post and may enter England through any point of entry.

Derogation from regulation 14: timing of notification of importation

5.— (1) Regulation 14 does not apply to relevant goods.

(2) From 1st January 2021, relevant goods of the following descriptions must be pre-notified at least one working day before the expected time of arrival at a point of entry into England—

(a) live animals;

(b) germinal products;

(c) animal by-products comprising—

(i) Category 1 material;

(ii) Category 2 material;

(iii) processed animal protein derived from Category 3 material,

but where the importer can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.

(3) From 1st April 2021, relevant goods consisting of products of animal origin must be pre-notified at least one working day before the expected time of arrival at a point of entry into England; but where the importer can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.

(4) For the purposes of this paragraph—

(a) “Category 1 material”, “Category 2 material” and “Category 3 material” have the meanings given in Articles 8 to 10 of Regulation (EC) No 1069/2009;

(b) “processed animal protein” has the meaning given in point 5 of Annex I to Commission Regulation (EU) No 142/2011.

Derogation from regulation 15: procedure on importation

6.— (1) Regulation 15 does not apply to relevant goods but—

(a) official controls must take place at the place of destination indicated in the relevant accompanying importation documentation on a random or risk basis, and in accordance with regulation 29 and 35;

(b) from 1st January 2021, relevant goods consisting of—

(i) live animals or germinal products may not be imported into England unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Secretary of State from time to time;

(ii) products of animal origin and animal by-products must be accompanied by relevant commercial documents which at least identify the premises of origin and destination, and contain a description of the product and the quantity of the product; and

(c) from 1st April 2021, relevant goods consisting of products of animal origin may not be imported into England unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Secretary of State from time to time.

(2) The documents described in sub-paragraph (1)(b) and (c) must accompany the consignment of the relevant goods concerned to its place of destination.

Derogation from regulation 19(a): unchecked consignments

7.   Regulation 19(a) does not apply to relevant goods which have entered England through a point of entry other than a border control post in accordance with this Schedule.

Modification of regulation 20: action following failure of checks or seizure – products

8.   Regulation 20 applies as if—

(a) in paragraph (1), after “Official Controls Regulation” there were inserted “ or, in the case of relevant goods, does not comply with the provisions of Schedule 5 ”;

(b) in paragraph (3)(b)—

(i) “from the same border control post” were omitted;

(ii) for “at the border control post” there were substituted “ into England ”.

Modification of regulation 23: action following failure of checks or seizure – animals

9.   Regulation 23 applies as if, in paragraph (1), after “Official Controls Regulation” there were inserted “ or, in the case of relevant goods, does not comply with the provisions of Schedule 5 ”.

Derogation from regulation 27: re-importation of animals and products

10.— (1) Regulation 27 does not apply in the circumstances described in sub-paragraph (2).

(2) Products and live animals that originate from England and which have been rejected from entering the European Union at a European Union border control post are not required to re-enter England through an English border control post if—

(a) in the case of products and live animals that are not high risk, notification of the re-entry has been given to the Secretary of State or the Food Standards Agency;

(b) in the case of products and live animals that are high risk, the re-entry has been authorised in writing by the Secretary of State or the Food Standard Agency before the re-entry is to take place.

(3) In this paragraph, “high risk” means the products or live animals are suspected of constituting a serious risk to human or animal health or animal welfare.

PART 3 U.K. Additional rules in relation to relevant goods consisting of live animals

Live animals

11.— (1) This paragraph applies in relation to relevant goods consisting of live animals.

(2) The live animals must remain under restricted movement at the place of destination indicated in the health certificate until the completed and signed health certificate has been uploaded to the appropriate computerised information management system.

(3) The person responsible for the transportation of the live animals to the place of destination must be in possession of the appropriate authorisation in accordance with Council Regulation (EC) No 1/2005.”.

Commencement Information

I32 Reg. 33 in force at 31.12.2020, see reg. 1(3)

Marginal Citations

M3 1971 c. 80.

CHAPTER 2 U.K. Amendment of other statutory instruments

Amendment of the Disease Control (England) Order 2003 U.K.

34.  In the Disease Control (England) Order 2003 M4 , in paragraph 7 of Schedule 1 omit “approved under Part 1 of Schedule 2 of the Trade in Animals and Related Products Regulations 2011”.

Commencement Information

I33 Reg. 34 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Marginal Citations

M4 S.I. 2003/1729, relevant amending instrument: S.I. 2016/280.

Amendment of the Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 U.K.

35.  In the Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 M5 , omit Part 5.

Commencement Information

I34 Reg. 35 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Marginal Citations

M5 S.I. 2019/778.

Amendment of the Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 U.K.

36.  In the Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 M6 , omit regulation 8.

Commencement Information

I35 Reg. 36 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Marginal Citations

M6 S.I. 2019/782.

Amendment of the Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 U.K.

37.  In the Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 M7 , omit regulation 5.

Commencement Information

I36 Reg. 37 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Marginal Citations

M7 S.I. 2019/813.

Amendment of the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019 U.K.

38.—(1) The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019 M8 are amended as follows.

(2) In Part 1, in regulation 2, for the definition of “third country” substitute—

““third country” means any country or territory other than the British Islands.”.

(3) In Part 2, in Chapter 3—

(a) in the heading, for “and fishery products” substitute “, fishery products, frogs' legs and snails”;

(b) in regulation 5—

(i) in the heading, for “Decision 2006/766/EC” substitute “ Implementing Regulation (EU) 2019/626 ”;

(ii) in paragraph (1)—

(aa) for “Decision 2006/766/EC establishing” substitute “ Implementing Regulation (EU) 2019/626, which, in particular, sets out ”;

(bb) for “and fishery products” substitute “, fishery products, frogs' legs and snails”;

(cc) for “or Annex 2” substitute “ , 2 or 3 ”.

(4) In Part 3, in regulation 18(1), for “the whole of the United Kingdom” substitute “ Great Britain ”.

(5) Omit Part 4.

(6) In Part 5, omit regulation 20.

Commencement Information

I37 Reg. 38 in force at 31.12.2020 before IP completion day, see reg. 1(2)(a)

Marginal Citations

M8 S.I. 2019/1225.