Regulation 13 Modifications to Directive 88/407
Directive 88/407 is modified as follows.
Article 1 is to be read as if—
in the first paragraph, “intra-Community trade in and” were omitted;
in the second paragraph, for “Community and/or national” there were substituted “legislation in force in the relevant constituent territory of Great Britain comprising”.
Article 2 is to be read as if—
in the first sentence, for “Directive 72/462/EEC” there were substituted “Directive 2004/68”;
in point (b)—
in the first indent, in the definition of “semen collection centre”, “Member State or” were omitted;
in the second indent, in the definition of “semen storage centre”, “Member State or” were omitted;
point (c) were omitted;
in point (f), in the definition of “country of collection”—
“Member State or” were omitted;
for “a Member State” there were substituted “Great Britain”;
in point (g), in the definition of “approved laboratory”, for “in the territory of a Member State or third country” there were substituted “in Great Britain or a third country”.
Article 8 is to be read as if—
in paragraph 1—
for “A Member State may authorize importation of semen only” there were substituted “Semen may only be imported”;
for the words from “on a list drawn up” to the end of that paragraph, there were substituted—
“on a list set out in legislation in force in the relevant constituent territory of Great Britain.
The appropriate authority may by regulations draw up lists of third countries from which consignments of semen may be imported into Great Britain.”;
in paragraph 2—
in point (a), for “the Member States” there were substituted “Great Britain”;
in point (b), for “mentioned in lists A and B of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;
paragraph 3 were omitted.
Article 9 is to be read as if—
in paragraph 1—
in the words before point (a), for “Member States shall only authorise imports of semen” there were substituted “Consignments of semen may only be imported where they are”;
in point (a)(ii), for “thereof” there were substituted “of Annex A”;
after point (a)(ii) there were inserted—
“(iii)laid down in Annex B and paragraphs 2 and 3 of Annex C;”;
in point (b), for “the Community” there were substituted “Great Britain”;
in paragraph 2—
for “the Community” there were substituted “Great Britain”;
after “be communicated” there were inserted “by that competent authority”;
for “Commission”, in each place where it occurs, there were substituted “appropriate authority”;
for “provide the Member States with” there were substituted “make”;
“and shall make them” were omitted;
in paragraph 3, for “in accordance with the procedure referred to in Article 18(2)” there were substituted “by the appropriate authority by regulations”.
Article 10 is to be read as if—
in paragraph 1—
for “drawn up in accordance with” there were substituted “referred to in”;
after “Article 8(1)” there were inserted “and must satisfy the relevant conditions laid down in Annex B and paragraph 1 of Annex C”;
in paragraph 2—
in the first subparagraph—
for “the Member States shall not authorize the importation” there were substituted “consignments”;
after “semen from a third country on the list” there were inserted “must not be imported”;
for “in accordance with the procedure referred to in Article 18(2)” there were substituted “by the appropriate authority by regulations”;
in the second subparagraph, in point (a), for “appearing on list A of the International Office of Epizootic Diseases” there were substituted “listed by the WOAH”;
in paragraph 3—
for the words from “It may be decided” to “on a case-by-case basis, to” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations,”;
after “waive these conditions” there were inserted “in relation to a third country”;
for “laid down in accordance with the same procedure” there were substituted “set out in those regulations”;
for paragraph 4 there were substituted—
“4.The appropriate authority may not oppose the admission of semen from bulls vaccinated against foot-and-mouth disease. However, where the semen was obtained from a bull which had been vaccinated against foot-and-mouth disease during the 12 month period prior to collection, 5 % of the semen from each collection (with a minimum of five straws) intended for sending to Great Britain shall be subjected, in an approved laboratory, to a virus isolation test for foot-and-mouth disease, with negative results.”.
Article 11 is to be read as if—
in paragraph 1—
in the first sentence—
for “Member States shall authorize the importation of semen only” there were substituted “Consignments of semen may only be imported”;
for “an animal health certificate” there were substituted “the relevant health certificate, in the form published by the appropriate authority from time to time,”;
in point (a), for the words from “one of the official languages” to the end there were substituted “English”;
paragraph 2 were omitted.
Article 17 is to be read as if for that Article there were substituted—
“17.The appropriate authority may by regulations—
(a)modify Annex A, in particular to adapt it to advances in technology;
(b)modify Annexes B and C; or
(c)amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022.”.
Annex A is to be read as if, in Chapter 2—
in point 1(f), in point (i)—
in the first paragraph, in the second indent, for “intra-Community trade” there were substituted “importation into Great Britain”;
in the first paragraph, in the third indent—
for “the subject of intra-Community trade” there were substituted “imported into Great Britain”;
for the second instance of “intra-Community trade” there were substituted “importation into Great Britain”;
in point 1(f), in point (vii)—
for “Member State” there were substituted “third country”;
for “Commission and other Member States” there were substituted “appropriate authority”;
in point 2(e), in point (vi)—
for “Member State” there were substituted “third country”;
for “Commission and other Member States” there were substituted “appropriate authority”.
Annex B is to be read as if—
in Chapter 1—
in point 1—
in point (a), for “Member State” there were substituted “third country”;
in point (d)(iv), for “Article 2.3.5.3 of the International Animal Health Code” there were substituted “the Chapter on IBR/IPV in the WOAH Terrestrial Animal Health Codef1, 2021 edition”;
in point 2, for “a laboratory approved by the Member State” there were substituted “an approved laboratory”;
in point 5, the final sentence were omitted;
in Chapter 2—
in point 2, for “a laboratory approved by the Member State” there were substituted “an approved laboratory”;
in point 3, in both paragraphs, for “the subject of intra-Community trade” there were substituted “imported into Great Britain”.
Annex C is to be read as if—
for the title, there were substituted “Conditions which semen imported into Great Britain must satisfy”;
in point 3—
in the words before point (a), for “for intra-Community trade” there were substituted “intended for importation into Great Britain”;
in point (b), for “the Member State of destination” there were substituted “Great Britain”.
Annotations
Footnotes
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The Terrestrial Animal Health Code 2021 is freely accessible online (https://www.woah.org/en/what-we-do/standards/codes-and-manuals/#ui-id-1) or available to order in hard copy from the WOAH online bookshop (at https://www.woah.org/en/ebookshop/). The WOAH’s address is 12, rue de Prony, 75017 Paris, France. A hard copy version is also available to view on request from the Virology Department at the offices of the Animal and Plant Health Agency, Weybridge, Woodham Lane, New Haw, Addlestone. Surrey. KT15 3NB.