Regulations made by the Welsh Ministers, laid before the National Assembly for Wales under paragraph 7(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of the National Assembly for Wales within 28 days beginning on the day on which the Regulations were made, subject to extension for periods of dissolution, or recess for more than four days.

2019 No. 1375 (W. 241)

Exiting The European Union, Wales
Animal Health, Wales

The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) (Amendment) Regulations 2019

Made

Laid before the National Assembly for Wales

Coming into force in accordance with regulation 1(2)

The Welsh Ministers, in exercise of the power conferred by paragraph 1(1) of Schedule 2, and paragraph 21 of Schedule 7, to the European Union (Withdrawal) Act 20181, make the following Regulations.

The Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by resolution of, the National Assembly for Wales.

In accordance with paragraph 4 of Schedule 2 to that Act, the Welsh Ministers have consulted with the Secretary of State.

Title and commencement1

1

The title of these Regulations is the Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) (Amendment) Regulations 2019.

2

These Regulations come into force immediately before exit day.

The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 20192

In regulation 5(2) of the Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 20192, after sub-paragraph (a) insert—

aa

in paragraph (1), in the definition of “evidence of training and examination”, after paragraph (a) insert—

aa

a document attesting the passing of an independent final examination issued by—

i

a body designated by the Republic of Ireland as responsible for delivering certificates in accordance with Article 21(1) of the EU Regulation as it has effect in EU law as amended from time to time, or

ii

a body to whom the function of the final examination or the issuing of certificates has been delegated in the Republic of Ireland in accordance with Article 21(2) of the EU Regulation as it has effect in EU law as amended from time to time,

ab

a certificate issued in the Republic of Ireland in reliance on Article 29(2) of the EU Regulation as it has effect in EU law,

Lesley GriffithsMinister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) of Schedule 2, and paragraph 21 of Schedule 7, to the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

They make provision supplementary to that made by regulation 4(8)(b) of the Animal Welfare (Amendment) (EU Exit) Regulations 2019 in relation to certificates of competence needed in order to kill animals or carry out related operations in a slaughterhouse. Regulation 4(8)(b) of those Regulations amends Council Regulation (EC) No 1099/2009 on the protection of animals at the time of killing, to omit the requirement in Article 21(4) to recognize certificates of competence issued in any member State.

Regulation 2 of these Regulations amends the Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 to ensure that, consistently with the arrangements under the Common Travel Area with the Republic of Ireland, after exit day an individual wishing to apply for a certificate of competence may rely on approved training and examination undertaken in the Republic of Ireland.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.