Regulation 11 Amendments to Chapter 10 (Official controls and other official activities, administrative assistance, cooperation and enforcement)I1

United Kingdom

(1)

In the heading to Chapter 10, omit “by Member States”.

(2)

In Article 39—

(a)

in paragraph 1, for “Member States” substitute “ The appropriate authority ”;

(b)

in paragraph 2—

(i)

in the words before point (a), for “Each Member State shall” substitute “ The appropriate authority must ”;

F1(ii)

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

(iii)

in point (c), omit “and notify that website to the Commission”;

(c)

omit paragraph 3.

(3)

In Article 40, for “Member States” substitute “ the appropriate authority ”.

(4)

In Article 42(1), for “Union law or national law” substitute “ the law in force in the United Kingdom or in the constituent territory of the United Kingdom where the competent authority is located ”.

(5)

For Article 43(5), substitute—

“
5
Competent authorities must perform official controls in the same manner irrespective of whether the breeding animals or the germinal products of the breeding animals originate in the United Kingdom or are entering the United Kingdom F2... from a third country.”.

(6)

Omit Article 47(4).

(7)

In Article 48—

(a)

for paragraph 1 substitute—

“
1
Where non-compliance originates in, spreads to, or affects countries other than the United Kingdom, competent authorities in the United Kingdom must—
(a)
cooperate with one another and with the competent authorities of F3... third countries;
(b)
provide administrative assistance to those competent authorities,
in order to ensure the correct application of the rules provided for in this Regulation F4....”.

(b)

in paragraph 2—

F5(i)

in point (a) for “Member State” in both places where it occurs, substitute “constituent territory of the United Kingdom”;

(ii)

for point (b) substitute—

“(b)
in the case of a non-compliance which might have implications for other constituent territories of the United Kingdom F6..., the notification of the competent authorities of those other constituent territories of the United Kingdom F7... by the competent authority aware of the non-compliance;”;

F8(iii)

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

(iv)

for point (e) substitute—

“(e)
by agreement between the competent authorities concerned, participation by a competent authority of a constituent territory of the United Kingdom F9... in on-the-spot official controls performed by the competent authorities of another constituent territory of the United Kingdom ....”;

F10(c)

omit paragraph 3.

(8)

In Article 49—

F11(a)

in the heading, for “the Commission and Member States” substitute “other competent authorities in the United Kingdom”;

(b)

in paragraph 1—

F12(i)

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

(ii)

in point (a), for “Member States” substitute “ constituent territories of the United Kingdom F13... ”;

F14(iii)

omit point (b);

(c)

in paragraph 2—

F15(i)

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

(ii)

in point (b), omit “Union and national”.

(9)

Omit Articles 50 to 52.

Annotations

Textual amendments

F1: Reg. 11(2)(b)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(9)
F2: Words in reg. 11(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(10)
F3: Words in reg. 11(7)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(a)(i)
F4: Words in reg. 11(7)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(a)(ii)
F5: Reg. 11(7)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(b)(i)
F6: Words in reg. 11(7)(b)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(b)(ii)(aa)
F7: Words in reg. 11(7)(b)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(b)(ii)(bb)
F8: Reg. 11(7)(b)(iii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(b)(iii)
F9: Words in reg. 11(7)(b)(iv) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(b)(iv)
F10: Reg. 11(7)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(11)(c)
F11: Reg. 11(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(12)(a)
F12: Reg. 11(8)(b)(i) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(12)(b)(i)
F13: Words in reg. 11(8)(b)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(12)(b)(ii)
F14: Reg. 11(8)(b)(iii) inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(12)(b)(iii)
F15: Reg. 11(8)(c)(i) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 28(12)(c)

Commencement

I1: Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1