Legislation – The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

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Introduction

PART 1
Introductory

1 Citation and commencement

PART 2
Amendments to Regulation (EU) 2017/625

2 Amendments to Regulation (EU) 2017/625 of the European Parliament and of the Council

3 Amendments to Title 1

4 Amendments to Title 2, Chapter 1

5 Amendments to Title 2, Chapter 2, Section 1

6 Amendments to Title 2, Chapter 2, Section 2

7 Amendments to Title 2, Chapter 3

8 Amendments to Title 2, Chapter 4

9 Amendments to Title 2, Chapter 5

10 Amendments to Title 2, Chapter 5, Section 1

11 Amendments to Title 2, Chapter 5, Section 2

12 Amendments to Title 2, Chapter 5, Section 3

13 Amendments to Title 2, Chapter 5, Section 4

14 Amendments to Title 2, Chapter 5, Section 5

15 Amendments to Title 2, Chapter 5, Section 6

16 Amendments to Title 2, Chapter 6

17 Amendments to Title 2, Chapter 7

18 Amendments to Title 3

19 Amendments to Title 4

20 Amendments to Title 5

21 Amendments to Title 6, Chapter 1

22 Amendments to Title 6, Chapter 2

23 Omission of Title 6, Chapter 3

24 Amendments to Title 6, Chapter 4

25 Amendments to Title 7, Chapter 1

26 Amendments to Title 7, Chapter 2

27 Amendments to Title 8, Chapter 1

28 Amendments to Title 8, Chapter 2

29 Amendments to the Annexes

PART 3
Amendments to EU delegated and implementing acts

30 Amendments to Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union

31 Amendments to Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination

32 Amendments to Commission Delegated Regulation (EU) 2019/1666 Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union

33 Amendments to Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products

34 Amendments to Commission Implementing Regulation (EU) 2019/2007 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts

35 Amendments to Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market

36 Amendments to Commission Implementing Regulation (EU) 2019/2129 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union

37 Amendments to Commission Implementing Regulation (EU) 2019/2130 establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts

38 Amendments to Commission Implementing Regulation (EU) 2020/466 on temporary measures to contain risks to human, animal and plant health and animal welfare during certain serious disruptions of Member States’ control systems due to coronavirus disease (COVID-19)

PART 4
Amendments to Annex 1 (Veterinary and phytosanitary matters) and Annex 2 (Technical regulations, standards, testing and certification) to the EEA Agreement

39 Amendments relating to Decision 210/2019 of the EEA Joint Committee amending Annex 1 (Veterinary and phytosanitary matters) and Annex 2 (Technical regulations, standards, testing and certification) to the EEA Agreement

40 Amendments relating to Decision 2/2020 of the EEA Joint Committee

PART 5
Amendments to EU Exit Legislation

41 The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019

42 The Animal Welfare (Amendment) (EU Exit) Regulations 2019

43 The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc) (EU Exit) Regulations 2019

44 The Animals (Legislative Functions) (EU Exit) Regulations 2019

PART 6
Revocations, savings and transitional provision

45 The Regulations listed in the Schedule are revoked.

46 General transitional provision relating to the presentation or other use of model forms of certificates or other documents

47 Transitional modification and derogation for the purpose of listing third countries.

SCHEDULES

SCHEDULE Revocations

Signature

Explanatory note

Changes to legislation:

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PART 2Amendments to Regulation (EU) 2017/625

Amendments to Title 318.

(1)

Omit Articles 92 to 94.

(2)

In the headings to Articles 95 to 98, for “European Union”, in each place where it occurs, substitute
national
.

(3)

In Article 95—

(a)

in paragraph 1, for the words from “Commission shall” to “Member States” substitute
appropriate authority must make regulations designating national reference centres for animal welfare to support activities
;

(b)

in paragraph 3—

(i)

in the opening words, for “European Union” substitute
National
;

(ii)

in point (a), for “European Union” substitute
national
;

(c)

in point (e)—

(i)

omit “, Union”;

(ii)

omit “European Union”.

(4)

In Article 96—

(a)

in the opening words—

(i)

for “European Union” substitute
national
;

(ii)

omit the words from “that” to the end of the opening words;

(b)

in point (f), for “Union” substitute
other
.

(5)

In Article 97—

(a)

for paragraph 1, substitute—

“1.

The competent authority may designate national reference centres to support the activities of the competent authorities in preventing, detecting and combating violations of the rules referred to in Article 1(2) perpetrated through fraudulent or deceptive practices.”;

(b)

in paragraph 3—

(i)

in the opening words, for “European Union”, substitute
National
;

(ii)

in point (a), for “European Union”, substitute
national
;

(iii)

in point (e), omit “, Union”.

(6)

In Article 98—

(a)

in the opening words—

(i)

for “European Union” substitute
national
;

(ii)

omit the words from “that” to the end;

(b)

omit point (c).

(7)

In the heading to Article 99, for “Commission” substitute
appropriate authority
.

(8)

In Article 99—

(a)

in paragraph 1—

(i)

in the opening words, for “Commission” substitute
appropriate authority
;

(ii)

omit point (a);

(iii)

in points (b) and (c), for “European Union”, in each place where it occurs, substitute
national
;

(b)

for paragraph 2, substitute—

“2.

Subject to paragraph 2A, the appropriate authority may make regulations supplementing this Regulation concerning the establishment of requirements, responsibilities and tasks for the national reference centre for animal welfare and the national reference centre for the authenticity and integrity of the agri-food chain, in addition to those laid down in Articles 95 to 98.

2A.

The appropriate authority may only exercise the power to make regulations under paragraph 1 where the appropriate authority considers that new or emerging risks, new or emerging animal diseases or pests of plants, or new legal requirements make the exercise of this power appropriate.”;

(c)

omit paragraphs 3 and 4.

(9)

In Article 100—

(a)

for paragraph 1 substitute—

“1.

The appropriate authority must designate one or more laboratories to act as national reference laboratories for Great Britain, in such of those areas governed by the rules referred to in Article 1(2) as the appropriate authority considers appropriate.”;

(b)

at the end of paragraph 1, insert—

“1A.

The national reference laboratories designated in accordance with paragraph 1 may—

(a)

be situated in the United Kingdom, or in another country;

(b)

be designated in relation to more than one area of the rules referred to in Article 1(2);

(c)

apply in relation to areas of those rules falling within the responsibilities of more than one competent authority.

1B.

Where the appropriate authority considers it appropriate, the power to designate a laboratory as a national reference laboratory in accordance with paragraph 1 may be exercised by a competent authority.”;

(c)

in paragraph 2, for the words from “competent authorities may” to “fulfil” substitute
the appropriate authority or, in a case where the power to designate has been delegated to a competent authority in accordance with paragraph 1B, a competent authority, may designate as a national reference laboratory an official laboratory designated as such in accordance with regulations made under Article 41, irrespective of whether it fulfils
;

(d)

in paragraph 3(d), omit “, Union”;

(e)

for paragraph 4, substitute—

“4.

The appropriate authority, or, in a case where the power to designate has been delegated to the competent authority, the competent authority, must—

(a)

publish online the name and address of each national reference laboratory designated in accordance with paragraph 1; and

(b)

ensure that the information published in accordance with point (a) is kept up to date.”.

(f)

omit paragraphs 5 and 6.

(10)

In Article 101—

(a)

in paragraph 1—

(i)

for point (a) substitute—

“(a)

where appropriate—

(i)

collaborate with other national and international laboratories;

(ii)

participate in inter-laboratory comparative tests organised by the laboratories referred to in point (i), or by proficiency test providers accredited to ISO/IEC 17043;”;

(ii)

for point (d), substitute—

“(d)

provide scientific and technical assistance to the competent authorities and official laboratories;”;

(iii)

in point (h), for “Member State having designated them” substitute
competent authorities
;

(b)

for paragraph 2, substitute—

“2.

The appropriate authority may make regulations prescribing additional tasks and responsibilities for national reference laboratories, provided that these tasks and responsibilities are limited to those made necessary by new or emerging risks, new or emerging animal diseases or pests of plants or new legal requirements.”.

Annotations:
Commencement Information

I1Reg. 18 in force at 31.12.2020 on IP completion day, see reg. 1