This Statutory Instrument has been printed to correct errors in S.I. 2020/44 (W. 5) and is being issued free of charge to all known recipients of that Statutory Instrument.
2020 No. 177 (W. 38)
Agriculture, Wales
Animals, Wales

The Trade in Animals and Related Products (Wales) (Amendment) Regulations 2020

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721.
The Welsh Ministers are designated for the purposes of section 2(2) of that Act in relation to the veterinary and phytosanitary fields for the protection of public health2.

Title and commencement1.

The title of these Regulations is the Trade in Animals and Related Products (Wales) (Amendment) Regulations 2020 and they come into force on 20 March 2020.

Amendment to the Trade in Animals and Related Products (Wales) Regulations 20112.

(1)

The Trade in Animals and Related Products (Wales) Regulations 20113 are amended as follows.

(2)

In regulation 12(4), for the words from “echinoderms” to “local authority” substitute “echinoderms, live tunicates and live marine gastropods and composite products containing processed fishery products intended for human consumption, the enforcement authority”.

(3)

In regulation 20—

(a)

in paragraph (7), omit the words from “but is entitled” to the end;

(b)

omit paragraph (8).

(4)

In regulation 23(6), omit the words from “but is entitled” to the end.

(5)

In Schedule 2, in paragraph 9(1), in the English language text, after “purposes” insert “of”.

Lesley Griffiths
Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Trade in Animals and Related Products (Wales) Regulations 2011 (“the 2011 Regulations”).

Regulation 12(4) of the 2011 Regulations is amended to clarify that official fish inspectors are responsible for decisions relating to composite products containing processed fishery products.

Regulations 20(7) and 23(6) of the 2011 Regulations relate to cases where non-compliant products and animals are required to be treated, re-dispatched or destroyed. These provisions make the importer or the importer’s representative liable for the costs incurred for any enforcement measures taken following failure of checks or seizure of goods and animals imported from countries outside the European Union. The amendments to these provisions ensure that the importer or importer’s representative is not entitled to any payment following their destruction.

Regulation 20(8) of the 2011 Regulations is omitted, in view of the last subparagraph of Article 66(3) of the Regulation (EU) 2017/625 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 (OJ No. L 95, 7.4.2017, p. 1). By virtue of Article 66(3), in certain circumstances the importer or the importer’s representative is entitled to be heard regarding a requirement proposed to be imposed in relation to a non-compliant consignment.

Schedule 2 to the 2011 Regulations is amended to correct a minor error in its text.

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.