The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019

Commission Implementing Decision 2011/630/EU on imports into the Union of semen of domestic animals of the bovine species

38.—(1) Commission Implementing Decision 2011/630/EU on imports into the Union of semen of domestic animals of the bovine species, is amended as follows.

(2) In Article 1—

(a) number the text as paragraph 1;

(b) for “Member States”, substitute “The appropriate authority”;

(c) for “Union” in each place, substitute “United Kingdom”;

(d) at the end, insert—

“2.   In this Decision:

“the appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales), the Scottish Ministers (in relation to Scotland) and the Department of Agriculture, Environment and Rural Affairs (in relation to Northern Ireland); but “the appropriate authority” is the Secretary of State if consent is given by:

(a)

in relation to Wales, the Welsh Ministers;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

“third country” means any country other than a member State or the British Islands.”.

(3) After Article 1, insert—

“3.   For the purposes of this Decision, “adjusted Article 9(2) of Directive 88/407/EEC” means that provision as if it read as follows:

“A centre or team is listed for the purpose of Article 2(b) of Commission Implementing Decision 2011/630/EU if–

(a) it is situated in a country appearing on the list referred to in Article 8 of this Directive;

(b) there is a system under which eligibility to remain on the list is immediately suspended or withdrawn by the competent authority of that country where it no longer complies with the conditions referred to in paragraph 1 of this Article; and

(c) the system includes immediate notification by the competent authority in question of any such withdrawal or suspension to the appropriate authority.”.”.

(4) In Article 2, in paragraph 1—

(a) in the words before point (a), for “Member States”, substitute “The appropriate authority”;

(b) in point (b), before “Article 9(2) of Directive 88/407/EEC” insert “adjusted”;

(c) in point (c)—

(i) in the words before paragraph (i), for “set out” to the end of those words, substitute “as published by the appropriate authority from time to time”,

(ii) omit paragraph (i),

(iii) in paragraph (ii), for “Model 2 as set out in Section B,”, substitute “a model”,

(iv) in paragraph (iii), for “Model 3 as set out in Section C,”, substitute “a model”;

(d) in paragraph 2, for “Union”, substitute “United Kingdom”.

(5) In Article 3, in the heading, in point (a) of paragraph 1 and in paragraph 2, for “Union” in each place, substitute “United Kingdom”.

(6) Omit Articles 5 and 7.

(7) In Annex 1—

(a) in the table—

(i) in the entry for Australia, in the third column headed “Additional Guarantees”, after “model animal health certificate”, insert “as published by the appropriate authority from time to time”,

(ii) in the entry for the United States, in the third column headed “Additional Guarantees”, after “animal health certificate” insert “as published by the appropriate authority from time to time”;

(b) in the notes under the table—

(i) in footnote 1, after “The model certificate”, insert “as published by the appropriate authority from time to time”,

(ii) in footnote 2, after “The model certificates”, insert “as published by the appropriate authority from time to time”.

(8) Omit Annex 2.