The Animals (Legislative Functions) (EU Exit) Regulations 2019

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 U.K.

4.—(1) 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 is amended as follows.

(2) In Article 2, for the second paragraph substitute—

“The appropriate authority may by regulations under Article 24 make provision for the implementation of this Article.”.

(3) For Article 4 substitute—

“Article 4 U.K. Safeguard measures

1.   The appropriate authority may by regulations make provision for laying down safeguard measures to reduce the risk of spread of transmissible spongiform encephalopathies covered by this Regulation, including but not limited to suspension of trade, isolation of holdings, delineation of buffer zones and quarantining of animals.

[F1 2.   The appropriate authority that introduced the safeguard measures must notify each affected exporting country of the reasons for introducing such measures.”].

(4) In Article 5, for paragraph 7 substitute—

“7.   The Secretary of State may, with the consent of each [F2 other] authority which in relation to any part of [F3 Great Britain] is the appropriate authority, decide to change the BSE classification of a country or region from a date specified in the decision, on the basis of a risk assessment, taking into consideration the criteria set out in Annex 2, Chapters A and B and the OIE classification.”.

(5) In Article 6—

(a) in paragraph 1, in the second subparagraph for “the procedure referred to in Article 24(3)” substitute “ any regulations made under Article 24 ”;

(b) in paragraph 1a—

(i) for the first subparagraph substitute—

“The annual monitoring programme referred to in paragraph 1 must cover as a minimum the subpopulations listed in Article 2(1) of Commission Decision 2009/719.”;

(ii) for the second subparagraph substitute—

“The first subparagraph of this paragraph 1a does not prevent the exercise by the appropriate authority of any power to disapply the requirement for the annual monitoring programme with respect to animals mentioned in that point in remote areas with a low animal density, where no collection of dead animals takes place, provided that the total number of animals excluded from the monitoring programme in the United Kingdom as a whole is not more than 10% of the bovine population in the United Kingdom.”;

(c) for paragraph 1b substitute—

“1b.   Annual monitoring programmes may be revised by the appropriate authority to determine the effectiveness of the measures in place and ensure protection of human and animal health based on a comprehensive risk analysis.”.

(6) In Article 6a, for paragraph 2 substitute—

“2.   The appropriate authority may by regulations provide for ovine breeding programmes to select breeds that show evidence of resistance to TSEs.”.

(7) In Article 7—

(a) for paragraphs 3 and 4 substitute—

“3.   The appropriate authority may, on the basis of a scientific assessment of the dietary needs of young ruminants decide to use any power that the appropriate authority has to allow the feeding to them of proteins derived from fish.

4.   No imports or exports are permitted of—

(a) feed intended for farmed animals which contains protein derived from mammals from countries, or regions thereof, with an undetermined BSE risk; or

(b) feed, other than feed for dogs, cats and fur animals, which contains processed protein derived from mammals intended for mammals from countries or regions thereof with an undetermined BSE risk;

except in accordance with a tolerance level prescribed by regulations under paragraph 5 or an individual exemption in regulations under Article 23a.”;

(b) for paragraph 4a substitute—

“5.   On the basis of a favourable risk assessment the appropriate authority may by regulations prescribe a tolerance level for insignificant amounts of animal proteins in feedingstuffs caused through adventitious and technically unavoidable contamination.”;

(c) for paragraph 5 substitute—

“6.   The appropriate authority may by regulations make rules on the prevention of cross-contamination and on the methods of sampling and analysis required to check compliance with this Article.”.

(8) In Article 8, for paragraphs 5 and 6 substitute—

“5.  F4 ... The appropriate authority may by regulations—

(a) prescribe the age of bovine animals from which the vertebral column is to be treated as specified risk material;

(b) amend the list of specified risk material in Annex 5;

(c) prescribe an alternative test to be listed in point 5 of Chapter C of Annex 10;

(d) provide for exemptions;

(e) prescribe, as respects any country or region with a controlled BSE risk—

(i) the date considered by the appropriate authority to be the date from which effective enforcement of a ban on use of mammalian protein in ruminant feed began, and

(ii) that only animals born before that date must have specified risk material removed and destroyed before being moved into or placed on the market.”.

(9) In Article 9—

(a) in paragraph 1, for “the procedure referred to in Article 24(3)” substitute “ regulations made by the appropriate authority ”;

(b) in paragraph 2, omit the words from “Before 1 July 2008” to the end;

(c) in paragraph 3, for the words “which has been” to “this test” substitute “ which has been approved by the appropriate authority, and ”;

(d) omit paragraph 4.

(10) In Article 12—

(a) in paragraph 1—

(i) in the second subparagraph, omit the words “in a Member State” in both places,

(ii) for the fifth subparagraph substitute—

“To the extent provided for under paragraph 4, an appropriate authority may make regulations to permit exemptions from implementing movement restrictions where it is satisfied that equivalent safeguards based on an assessment of the possible risks to human and animal health are applied.”;

(b) for paragraph 4 substitute—

“4.   The appropriate authority may by regulations prescribe rules for the implementation of this Article.”.

(11) In Article 13—

(a) in paragraph 1—

(i) in subparagraphs (a) and (c), for “1774/2002” substitute “ 1069/2009 ” in both places where it occurs;

(ii) for the second and third subparagraphs substitute—

“On the basis of a favourable risk assessment that takes relevant control measures into account, an appropriate authority may, to the extent provided for under paragraph 6, either allow the use of bovine animals until the end of their productive lives or apply other means of offering an equivalent level of protection.”.

(b) for paragraph 3 substitute—

“3.   To the extent provided for under paragraph 6, an appropriate authority that has implemented a substitute scheme offering equivalent safeguards may, in derogation from the requirements of paragraph 1(b) and (c), be exempted from the requirement to apply official restrictions on the movement of animals and from the requirement to kill or destroy animals.”.

(c) for paragraph 6 substitute—

“6.   The appropriate authority may by regulations make rules for the implementation of this Article.”.

(12) In Article 15, for paragraphs 3 and 4 substitute—

“3.   The appropriate authority may by regulations provide—

(a) that the provisions of paragraphs 1 and 2 be extended to other species of animal; and

(b) for rules for the implementation of this Article.”.

(13) In Article 16—

(a) for paragraph 5 substitute—

“5.   Products of animal origin for which this Article lays down specific rules must be accompanied by such animal health certificate or commercial document as may be made available or published for the time being by the appropriate authority.”;

(b) for paragraph 7, substitute—

“7.   The appropriate authority may by regulations provide—

(a) that the provisions of this Article be extended to other products of animal origin; and

(b) for rules for implementation of this Article.”.

(14) In Article 20, for paragraph 2 substitute—

“2.   Where necessary, to ensure the uniform application of this Article, the appropriate authority may by regulations introduce rules relating to the implementation of this Article, including the method to determine the presence of BSE in ovine and caprine animals.”.

(15) For Article 23 substitute—

“Article 23 U.K. Amendment of the Annexes

The appropriate authority may, after taking appropriate advice on any question which could have an impact on public health, by regulations amend the Annexes.”.

(16) In Article 23a—

(a) for the first subparagraph substitute—

“The appropriate authority may by regulations amend the following non-essential elements of this Regulation, including by supplementing it:”;

(b) omit paragraphs [F5 (g)] and (m).

(17) For Article 24 substitute—

“Article 24 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 .

F6 3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the [F7 Welsh Parliament].

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

F6 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.   Regulations made under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b) make different provision for different purposes.

9.   Before making any regulations under this Regulation, the appropriate authority must—

(a) ensure that they are based on an appropriate assessment of the possible risks for human and animal health and must maintain or increase the level of protection of human and animal health in line with the latest scientific evidence; and

(b) consult—

(i) such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(ii) such other bodies or persons as the appropriate authority considers appropriate.”.

(18) Omit Article 24a.

(19) In Annex 3, Chapter A is amended in accordance with [F8 paragraphs (20) and (21)] .

(20) In Part 1—

(a) for point 3.2, substitute—

“3.2.   Point 3.1 does not prevent the exercise by the appropriate authority of any power to disapply the requirement for testing under that point in remote areas with a low animal density, where no collection of dead animals takes place, provided that when taken with other such exclusions not more than 10% of the bovine population in the United Kingdom is excluded from that requirement.”;

(b) in point 6—

(i) in point 6.2, for “Member States may derogate from” substitute “ The appropriate authority need not comply with ”;

(ii) in point 6.5, in the second paragraph for “Member States may decide to destroy the aforementioned carcases only if”, substitute “ The appropriate authority may decide not to destroy the carcases mentioned in the first paragraph unless ”;

(iii) in point 6.6, for the words “Member States” to provisions of” substitute “ The appropriate authority may decide not to destroy the carcases mentioned in ”;

(21) In Part 2—

(a) in point 4—

[F9 (i) in the fourth paragraph, for “Member States shall aim their monitoring programmes” substitute “The monitoring programmes must be designed by the Secretary of State, with the consent of each other authority which, in relation to any part of Great Britain, is the appropriate authority so as”;]

(ii) in the fifth paragraph, for “Member States”, substitute “ appropriate authority ”; and

(iii) for the sixth paragraph substitute—

“However, an appropriate authority may exclude from the sampling any remote areas with a low animal density and where no collection of dead animals takes place, provided that when taken with other such exclusions not more than 10% of the ovine and caprine population in the United Kingdom is excluded.”;

(b) in point 7.2, for “Member States may derogate from point 7.1” substitute “ The appropriate authority may decide not to comply with point 7.1 ”.

(22) In Annex 4, in Chapter 5, in Section E, for point 1(b) substitute—

“(b) The consignment must be accompanied by a duly completed commercial document made available for the time being by the appropriate authority, and the border inspection post of exit must be indicated as the exit point in that document.”.

(23) In Annex 5, in point 11.3, in the second paragraph, for the words “referred to in Article 13 of Regulation (EC) No 1760/2000” substitute “ made available or published for the time being by the appropriate authority. ”.

(24) In Annex 9, in Chapter C, in Section B, in point (d), for the words “referred to in Article 2(1) of Regulation (EC) No 136/2004” substitute “ made available or published for the time being by the appropriate authority. ”.

Textual Amendments

F1 Words in reg. 4(3) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(a)

F2 Word in reg. 4(4) inserted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(b)(i)

F3 Words in reg. 4(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(b)(ii)

F4 Words in reg. 4(8) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(c)

F5 Word in reg. 4(16)(b) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(d)

F6 Words in reg. 4(17) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(e)(ii)

F7 Words in reg. 4(17) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(e)(i)

F8 Words in reg. 4(19) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(f)

F9 Reg. 4(21)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(g)

Commencement Information

I1 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2010 asp 10.