Matters relating to the exercise of powers under this Decision
Article 3b
1.
The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions specified in paragraph 3 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal and public health in the United Kingdom, in accordance with paragraph 2.
2.
Any assessment which is relied upon for the purposes of paragraph 1 must be appropriate to the circumstances and must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), taking into account—
a)
the state of health of the livestock, other domestic animals and wildlife and the environmental situation in the third country, with particular reference to animal diseases that are exotic, notifiable or reportable in the United Kingdom and which might endanger the health and environmental status of the United Kingdom;
b)
the regularity and rapidity of the provision of information by the third country concerning the existence of the contagious animal diseases in its territory listed by the World Organisation for Animal Health;
c)
the relevant legislation on animal disease prevention and control;
d)
the structures, skills, independence and qualifications of the competent authority’s veterinary inspection services in the third country;
e)
the organisation and implementation of measures to prevent and control contagious animal diseases;
f)
the assurances which the third country can give with regard to compliance with the animal health requirements related to imports of bovine semen.
3
The provisions are—
a)
paragraph 1(a) of Article 2 (import of semen);
b)
paragraph 1 of Article 3a (additional guarantees).
4
Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 3 the Secretary of State must have regard to that request.
Arts. 3a, 3b inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 13(4)