SCHEDULES
F1SCHEDULE 3AARequirements where gametes or embryos imported from third country
F2Modifications to the fourth Directive
Sch. 3AA para. 3A and cross-headings inserted (31.12.2020) by S.I. 2019/482, regs. 1, 2(18)(c) (with reg. 4) (as amended by The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1307), regs. 1, 17(c)); 2020 c. 1, Sch. 5 para. 1(1))
3A
1
The modifications to the fourth Directive are as follows.
2
The Directive is to be read as if references to a third country were references to any country other than the United Kingdom.
3
Article 2 is to be read as if for “the Union”, in each place where it occurs, there were substituted “Great Britain”
.
4
Article 5(1) is to be read as if—
a
for “laid down in Directive 2004/23/EC” there were substituted “
required by the Human Fertilisation and Embryology Act 1990
”
;
b
the references to the competent authority or authorities were references to the Authority.
5
Article 6 is to be read as if—
a
in paragraph 2—
i
the reference to the competent authority or authorities were a reference to the Authority;
ii
the words from “The information laid out” to the end were omitted;
b
in paragraph 3—
i
the first reference to the competent authority or authorities were a reference to the Authority;
ii
the reference to the competent authority or authorities in sub-paragraph (b) were a reference to the authority or authorities in the third country concerned responsible for regulating tissue establishments in that country.
6
Article 7 is to be read as if—
a
in paragraph 2, for “laid down in Directive 2004/23/EC” there were substituted “
required by the Human Fertilisation and Embryology Act 1990
”
;
b
in paragraph 3, the reference to the competent authority or authorities were a reference to the Authority.
7
Annex 1 is to be read as if—
a
in paragraph A.4, for “TE compendium code” there were substituted “
reference number previously allocated to the tissue establishment by the Authority
”
;
b
in paragraph B.4, the reference to the Responsible Person were a reference to the person responsible in accordance with section 17 of this Act;
c
in paragraph C.2, the words “(where applicable, in accordance with the EU generic list”) were omitted;
d
in paragraph F.3, the references to a third country competent authority or authorities were references to the authority or authorities in the third country responsible for regulating tissue establishments in that country.
8
Annex 3 is to be read as if—
a
in the first paragraph, the reference to the competent authority or authorities were a reference to the Authority;
b
in paragraph A.1, for “as laid down in Directive 2004/23EC” there were substituted “
in accordance with sections 16 and 17 of the Human Fertilisation and Embryology Act 1990
”
;
c
in paragraph A.3, the words “applying the Single European Code,” were omitted;
d
in paragraph B.7, the reference to a third country competent authority or authorities were a reference to the authority or authorities in the third country responsible for regulating tissue establishments in that country.
9
Annex 4 is to be read as if—
a
in paragraph 1, for “laid down in Directive 2004/23/EC” there were substituted “
required by the Human Fertilisation and Embryology Act 1990
”
;
b
in paragraph 4, the reference to a third country competent authority or authorities were a reference to the authority or authorities in the third country responsible for regulating tissue establishments in that country;
c
in paragraph 5, the reference to the competent authority or authorities were to the Authority;
d
in paragraph 7, for “EU data protection rules” there were substituted “
data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018
”
;
e
in paragraph 8, for the words from “requirements” to the end there were substituted “
quality and safety standards required by the Human Fertilisation and Embryology Act 1990
”
.
Sch. 3AA inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Fertilisation and Embryology (Amendment) Regulations 2018 (S.I. 2018/334), regs. 1(3), 5(6)