Regulation 16 Modifications to Directive 91/68
Directive 91/68 is modified as follows.
Article 1 is to be read as if for that Article there were substituted—
“Articles 2 and 6 of, and Annexes A, B, C and D to, this Directive only apply so far as necessary for the purposes of giving effect to provisions which contain references to them in Directive 92/65 and Regulation (EU) No 206/2010.”.
Article 2 is to be read as if—
in point (a), for “Article 2 of Directive 90/425/EEC and in Article 2 of Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC” there were substituted “Article 3 of the Official Controls Regulation and in Article 2 of Regulation (EC) No 1/2005”;
in point (b)—
point (7) were omitted;
in point (10), in the definition of “approved assembly centre”, for “intra-Community trade” there were substituted “importation into Great Britain”;
points (11) and (12) were omitted;
in point (13), in the definition of “transporter”, for “Article 5 of Directive 91/628/EEC” there were substituted “Article 6 of Regulation (EC) No 1/2005”;
in point (14), in the definition of “region”—
for “Member State’s” there were substituted “country’s”;
the words from “and includes at least one” to the end were omitted.
Article 6 is to be read as if—
in point (a)(i), in the third indent, for “recognized under the procedure set out in Article 15” there were substituted “authorised for use by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;
in point (a)(iii), for “intra-Community trade” there were substituted “importation into Great Britain”;
in point (c), in the third indent, for “to be recognized under the procedure laid down in Article 15” there were substituted “approved by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;
point (d) were omitted.
Article 7 is to be read as if—
in paragraph 1—
in the words before the first indent—
for “A Member State which has” there were substituted “The appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, set out”;
“may submit said programme to the Commission” were omitted;
in the first indent, for “the Member State” there were substituted “the territory for which it is the appropriate authority”;
for paragraph 2 there were substituted—
“(2)The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out the additional guarantees, general or limited, which may be required for importation into Great Britain.”;
paragraphs 3 and 4 were omitted.
Article 8 is to be read as if—
in paragraph 1—
for “Where a Member State considers that its territory or part of its territory”, there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out additional guarantees, general or limited, that are required where it considers that the territory for which it is the appropriate authority, or part of that territory,”;
for “it shall present to the Commission appropriate supporting documentation, setting out” there were substituted “taking into account”;
paragraphs 2 to 4 were omitted.
Article 14 is to be read as if for the existing text there were substituted—
“14.(1)The appropriate authority may by regulations modify Annexes A, B, C and D or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022.
(2)The rules for the implementation of this Directive may be prescribed by regulations made by the appropriate authority.”.
Annex A is to be read as if—
in Chapter 1, in Section 1—
in point A(1)(b), for “procedure laid down in Article 15 of this Directive” there were substituted “Veterinary Medicines Regulations 2013”;
in point A(2), for “Member State” there were substituted “country”;
in point C(2), in the first paragraph—
for “Member State” there were substituted “country”;
for “Commission and the other Member States” there were substituted “appropriate authority”;
in point C(2), in the second paragraph, in the words before point (a), “of the Member State” were omitted;
in point C(2), in the second paragraph, in point (a)—
for “Member State” there were substituted “country”;
for “Commission and the other Member States” there were substituted “appropriate authority”;
in point C(3)—
for “Commission” there were substituted “appropriate authority”;
for “under the procedure laid down in Article 15” there were substituted “in accordance with a procedure set out by the appropriate authority by regulations”;
for “in accordance with the same procedure” there were substituted “in those regulations”;
in Chapter 1, in Section 2—
in the title, for “Member State” there were substituted “country”;
in the first paragraph—
for “Member State” there were substituted “country”;
for “under the procedure laid down in Article 15” there were substituted “by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;
in point (1)(c), “under the procedure set out in Article 15 of this Directive” were omitted;
in point (2)(i)—
in the first indent, for “Member State” there were substituted “country”;
in the second indent, for “Member State” there were substituted “country”;
in the third indent, for “in accordance with the procedure laid down in Article 15” there were substituted “by the appropriate authority by regulations”;
in Chapter 2, in point A—
in point (A)(1)(b), for “procedure laid down in Article 15 of this Directive” there were substituted “Veterinary Medicines Regulations 2013”;
in point (D)(2), “until the date laid down for holdings to qualify as brucellosis-free in accordance with the eradication plans adopted under Decision 90/242/EEC” were omitted;
in point (D)(2)(a), for “Article 4(1)(a) of this Directive” there were substituted “Regulation (EU) No 206/2010”;
in point (D)(2)(c)(ii), for “in accordance with the procedure laid down in Article 15 of this Directive” there were substituted “under the Veterinary Medicines Regulations 2013”.
Annex C is to be read as if—
for “Annex to Decision 90/242/EEC” there were substituted “Chapter on brucellosis in the WOAH Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, 2021 edition”;
for “recognized in accordance with the procedure laid down in Article 15 of this Directive” there were substituted “authorised for use by the appropriate authority, in accordance with a procedure set out by the appropriate authority by regulations”;
after “national” there were inserted “reference”.
Annex D is to be read as if—
after “national” there were inserted “reference”;
for “Central Veterinary Laboratory, Weybridge, Surrey, United Kingdom” there were substituted “WOAH reference laboratory for brucellosis”.