# The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019

S.I. 2019/1313 · made 7 October 2019 · revised to 31 December 2020

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of EU derived law to operate effectively and other deficiencies (in particular, the deficiencies referred to in paragraphs (a), (c), (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

PDFs: Printed copy https://openlegislation.uk/agriculture-environment-and-rural-affairs-amendment-northern-ireland-eu-exit-no-2-regulations-2019/pdf/uksi_20191313_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/agriculture-environment-and-rural-affairs-amendment-northern-ireland-eu-exit-no-2-regulations-2019/pdf/uksiem_20191313_en.pdf

## Introductory text

Exiting The European Union, Northern Ireland
Agriculture, Northern Ireland
Animals, Northern Ireland
Food, Northern Ireland
Horticulture, Northern Ireland
Plant Health, Northern Ireland
Wildlife, Northern Ireland
Made at 2.00 p.m. on 7th October 2019
Laid before Parliament at 4.00 p.m. on 7th October 2019
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 makes the following Regulations.
The Secretary of State is 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 a resolution of, each House of Parliament.
There has been open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

## Part 1: Introductory

## 1 Citation, commencement and extent

(1) These Regulations may be cited as the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 and come into force in accordance with paragraph (2).
(2) These Regulations come into force as follows—
(a) as regards regulations 1, 4 and 8, immediately before exit day;
(b) as regards all other regulations, on exit day.
(3) These Regulations extend to Northern Ireland only.

## Part 2: Amendment of the Agriculture (Food) Provisions

## 2 Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010

In the Eggs and Chicks Regulations (Northern Ireland) 2010 , in Schedule 2, in Part 2 in the Table—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in row 26 (Article 12(2), fourth sub-paragraph), in the second column, for “Chapter III of Council Directive 1999/74/EC” substitute “ Schedule 3 to the Northern Ireland welfare regulations ”.

## Part 3: Amendment of the Animals Provisions

## 3 Amendment of the Importation of Animal Pathogens Order (Northern Ireland) 1999

(1) The Importation of Animal Pathogens Order (Northern Ireland) 1999 is amended as follows.
(2) In Article 2, in the definition of “another Member State”—
(a) for “another” substitute “ a ”;
(b) omit “other than the United Kingdom”.
(3) In Article 6, for “another” substitute “ a ”.

## Part 4: Amendment of the Horticulture Provisions

## 4 Amendment of the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Part 5: Amendment of the Plant Health Provisions

## 5 Amendment of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995

In the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995 , in regulation 4A(1), and in the heading, for “European Union” substitute “ United Kingdom ”.

## 6 Amendment of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006

In the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 , in Article 2—
(a) omit the definitions from “Decision 2002/757/EC” to “Decision (EU) 2018/1503”;
(b) omit paragraph (4).

## 7 Amendment of the Plant Health Order (Northern Ireland) 2018

In the Plant Health Order (Northern Ireland) 2018 , in Article 2, omit the definition of “Decision (EU) 2018/1503”.

## 8 Amendment of the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

In the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 , in regulation 56, for the words before the inserted text substitute—
“In regulation 5—
(a) in paragraph (3), for “European Union” substitute “ United Kingdom ”;
(b) at the end insert—”.

## Part 6: Amendment of the Wildlife Provisions

## 9 Amendment of the Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Signature

George Eustice
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs

## Explanatory note

(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of EU derived law to operate effectively and other deficiencies (in particular, the deficiencies referred to in paragraphs (a), (c), (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.
Part 2 amends the Eggs and Chicks Regulations (Northern Ireland) 2010 (S.R. 2010 No. 125). It omits the Union requirements on the marking of eggs for cross-border delivery between Member States and substitutes a new domestic law reference.
Part 3 makes consequential amendments to the Importation of Animal Pathogens Order (Northern Ireland) 1999 (S.R. 1999 No. 433) to substitute an amended reference to a Member State.
Part 4 amends the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/1101) to insert a corrected reference to the community marketing rules offences.
Part 5 amends the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995 (S.R. 1995 No. 415), the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 (S.R. 2006 No. 66), the Plant Health Order (Northern Ireland) 2018 (S.R. 2018 No. 184) and the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211).
Part 6 amends the Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 (S.R. 2019 No. 159). It makes new substitutions in relation to the “Union List”.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2019/1313 (the official version)
Page: https://openlegislation.uk/agriculture-environment-and-rural-affairs-amendment-northern-ireland-eu-exit-no-2-regulations-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

