The Animal Welfare (Miscellaneous Amendments) Regulations 2022

PART 2 Amendment and modification of retained EU law

Amendment of Regulation (EU) 2017/625

3.  In Article 154 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products(1), in paragraph 2—

(a) omit “, 24”(2); and

(b) omit “paragraph 3 of this Article”.

Amendment of Regulation (EC) No 1/2005

4.—(1) Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations(3) (referred to in these Regulations as “Regulation (EC) No 1/2005”) is amended as follows.

(2) In each place it occurs—

(a) for “a competent authority” (including where any of the words is capitalised) substitute “the competent authority”;

(b) in the phrase “the relevant competent authority” omit “relevant”.

(3) In Article 1(2), for “Articles 3 and 27” substitute “Article 3”.

(4) In Article 2(1), in point (f), for “competent authorities as defined” substitute ““the competent authority” within the meaning given”.

(5) In Article 17(2), for “in in” substitute “in”.

(6) Omit Article 25(4).

(7) Omit Article 27.

(8) In the heading to Chapter 5 (immediately before Article 30), omit “Committee”.

Modification of certain provisions of Regulation (EC) No 1/2005 that have been deleted but which continue to apply

5.—(1) Articles 14, 15, 16, 23 and 26 of Regulation (EC) No 1/2005(5), insofar as they continue to apply by virtue of Article 154 of Regulation (EU) 2017/625, are to be read in accordance with the following modifications.

(2) Article 14 is to be read as if, in paragraph 1—

(a) in the words before point (a), for “Member States and with” there were substituted “Great Britain and”;

(b) in point (d), the words from “, of the exit” to the end were omitted.

(3) Article 15 is to be read as if—

(a) in paragraph 2—

(i) for “Member States and with” there were substituted “Great Britain and”;

(ii) for “veterinary Community” there were substituted “retained EU veterinary”;

(b) in paragraph 3, for the words from “Regulation (EC) No 854/2004” to the end there were substituted “Regulation (EU) 2017/625”.

(4) Article 16 is to be read as if, in the first indent, for “Regulation (EEC) No 3821/85” there were substituted “Regulation (EU) No 165/2014”(6).

(5) Article 23 is to be read as if—

(a) in paragraph 1, in the second subparagraph, for “Competent authority shall” there were substituted “competent authority may”;

(b) in paragraph 5—

(i) in both places, for “authorities” there were substituted “authority”;

(ii) after “the authorisation” there were inserted “, if different,”.

(6) Article 26 is to be read as if—

(a) in paragraph 1, for “7” there were substituted “6”;

(b) in paragraph 2, after “competent authority which granted the authorisation” there were inserted “, if different,”;

(c) in paragraph 3—

(i) after “destination” there were inserted “in Great Britain”;

(ii) after “departure” there were inserted “, if different”;

(d) in paragraph 6—

(i) for “a Member State” there were substituted “the competent authority”;

(ii) the words from “, even if” to the end were omitted;

(e) paragraph 7 were omitted.

(1)

EUR 2017/625, amended by S.I. 2020/1481.

(2)

The reference to Article 24 of EUR 2005/1 is removed to reflect the fact that that Article, insofar as it continued to apply by virtue of paragraph 2 of Article 154 of EUR 2017/625, was subsequently revoked in full by regulation 3(30) of S.I. 2019/802 (as amended by regulation 42(2)(c) of S.I. 2020/1481).

(3)

EUR 2005/1, amended by EUR 2017/625 and by S.I. 2019/588 (as amended by S.I. 2019/1312 and 2020/1590) and 2019/802 (as amended by S.I. 2020/1481 and 1590).

(4)

Reg 3(30) of S.I. 2019/802, which, as made, omitted Article 25, was amended by regulation 42(2)(c) of S.I. 2020/1481 so as to retain Article 25.

(5)

Articles 21 and 24 of EUR 2005/1 were also deleted by paragraph 1(2) of Article 154 of EUR 2017/625, but they continued to apply by virtue of paragraph 2 of Article 154 of EUR 2017/625. Article 21 continues to apply with the amendments made by regulation 3(27) of S.I. 2019/802 (as amended by regulation 2(27) of S.I. 2020/1590). Article 24 no longer has effect: please see footnote (b).

(6)

EUR 2014/165, amended by S.I. 2019/453 and 2021/135.