SCHEDULE 2AMENDMENTS TO RETAINED DIRECT EU LEGISLATION

Regulation (EU) No 649/2012157

1

Article 13 is amended as follows.

2

In paragraph 1—

a

omit the first subparagraph;

b

in the second subparagraph—

i

at the beginning, for “The Commission shall, by means of an implementing act” substitute “Where the Secretary of State receives a decision guidance document from the Secretariat, the Secretary of State must, taking into account the information in the decision guidance document”;

ii

omit “, by means of an implementing act,”;

iii

omit “on behalf of the Union”;

iv

omit the second sentence;

v

for “Commission” substitute “Secretary of State”;

c

in the third subparagraph—

i

omit “under Union legislation”;

ii

for “Commission”, in both places it occurs, substitute “Secretary of State”;

iii

omit “, by means of an implementing act,”;

iv

omit the second sentence.

3

Omit paragraph 2.

4

In paragraph 4, for “Commission” substitute “Secretary of State”.

5

In paragraph 5—

a

for “Each designated national authority of the Member States” substitute “The Designated National Authority”;

b

for the words from “available” to the end substitute “publicly available via its website”.

6

In paragraph 6—

a

for “Commission” substitute “Secretary of State”;

b

for “Member States and the Agency” substitute “Designated National Authority, the Scottish Ministers, the Welsh Ministers, and a Northern Ireland Department”;

c

for “propose” substitute “take”;

d

omit “at Union level”;

e

omit “within the Union”.

7

After paragraph 6, insert—

7

The functions of the Secretary of State under paragraph 1 to adopt an import decision and to adopt a revised import decision are subject to the consent requirement in Article 23B.