The Animal Health, Plant Health, Seeds and Seed Potatoes (Miscellaneous Amendments) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. In addition, the free issue procedure is being used for these Regulations as they correct errors that arise from a number of other instruments, as described below.

Part 2 (regulations 3 to 11) contains various amendments, and corrections, to retained direct EU legislation. These are summarised as follows—

(a) regulation 3 corrects an error in point 2.1 of Section A of Chapter A to Annex 8 to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (EUR 2001/999). This error arises due to an error in regulation 20(2)(s) of the Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388). That provision substituted regulation 2(60) of the Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), which in turn amended Regulation (EC) No 999/2001;

(b) regulation 5 corrects an error in Article 3 of Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals (EUR 2013/576), which arises due to an error in regulation 15(3)(d) of S.I. 2020/1388;

(c) regulations 6 to 9 amend Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants (EUR 2019/2072). In particular, regulations 7, 8(2), (3)(b), (4) to (6) and 9(2) to (4) correct errors in Regulation (EU) 2019/2072, which arise due to errors in the Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527);

(d) regulation 10 amends Commission Implementing Regulation (EU) 2019/2148 on specific rules concerning the release of plants, plant products and other objects from quarantine stations and confinement facilities pursuant to Regulation (EU) 2016/2031 of the European Parliament and of the Council (EUR 2019/2148).

Part 3 contains amendments to various statutory instruments—

(a) regulation 12 corrects an error in the definition of “the NI Variety Lists” in regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510), which arises due to an error in regulation 3(2)(a)(vi) of the Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294);

(b) regulation 13 corrects an error in the definition of “seed potatoes produced outside England” in regulation 2(1) of the Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953), which arises due to an error in regulation 21(4)(b)(vii)(bb) of S.I. 2020/1388. That provision amended regulation 7(3) of the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), which in turn amended S.I. 2015/1953;

(c) regulation 14 amends the transitional provision in the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) to make provision for Liechtenstein and Switzerland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.