Regulation 22 Modifications to Directive 2009/158
Directive 2009/158 is modified as follows.
Article 1 is to be read as if “intra-Community trade in, and” were omitted.
Article 2 is to be read as if—
in the first paragraph, for the words from “and ‘third country’” to the end there were substituted “has the meaning given in Article 3 of the Official Controls Regulation”;
in point 11, in the definition of “approved laboratory”, “located in the territory of a Member State,” were omitted;
in point 14, in the definition of “outbreak”, for the words from “means an outbreak” to the end there were substituted “means the holding or place situated in the territory of the relevant third country where animals are assembled and where one or more cases has or have been officially confirmed”.
The title of Chapter 2 is to be read as if for that title there were substituted “ANIMAL HEALTH CONDITIONS RETAINED FOR THE PURPOSE OF SETTING IMPORT REQUIREMENTS IN REGULATIONS MADE UNDER ARTICLE 25(1)(b)”.
Article 5 is to be read as if—
for “traded in the Community” there were substituted “imported into Great Britain”;
point (d) were omitted.
Article 6 is to be read as if, in point (a)(iii), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.
Article 8 is to be read as if, in paragraph 1(a)—
in point (i), “Community” were omitted;
in point (iii), in the first indent, for “during the” there were substituted “at the time specified in the health certificate, and in any event not more than”.
Article 10 is to be read as if, in point (a), “Community” were omitted.
Article 11 is to be read as if—
in point (a), for “or for more than” there were substituted “or, where that is not the case, for the time period specified in the health certificate which must be more than”;
in point (d), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.
Article 12 is to be read as if, in paragraph 1—
for point (a) there were substituted—
“(a)where it has been held since hatching or, provided the period specified in the health certificate is more than 21 days, for that period;
(ab)where the poultry to be consigned have not been placed in contact with newly arrived poultry during the two weeks preceding consignment;”;
in point (c), for “during the” there were substituted “, at the time specified in the health certificate but in any event not more than”;
in point (d), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.
Article 14 is to be read as if—
in paragraph 1, for “intra-Community trade in” there were substituted “imports of “;
in paragraph 2—
in point (a), for “Community” there were substituted “relevant third country”;
in point (e), for “Community legislation” there were substituted “animal and public health legislation of the relevant third country”.
Article 15 is to be read as if—
in paragraph 1, in the words before point (a)—
for “Member States”, in both places where it occurs, there were substituted “third countries”;
for “a Member State or region of a Member State” there were substituted “Great Britain or a region of Great Britain”;
in paragraph 2—
for the first, second and third subparagraphs there were substituted—
“The appropriate authority may by regulations or in accordance with a procedure set out by the appropriate authority by regulations, for the territory for which it is responsible or for a region of that territory, draw up a programme, as referred to in Article 16(1), for the control of Newcastle disease for the purpose of establishing Newcastle disease non-vaccinating status.
The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, set out any additional guarantees, general or specific, which may be required for importation into Great Britain.
Where the appropriate authority considers that a region of Great Britain in the territory for which it is responsible has achieved Newcastle disease non-vaccinating status, the appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, determine that Newcastle disease non-vaccinating status has been established.”;
in the fourth subparagraph—
in the words before point (a), for “a Member State’s or region’s status as Newcastle disease non-vaccinating” there were substituted “Newcastle disease non-vaccinating status”;
in point (a), for the words from “except for the compulsory vaccination” to the end there were substituted “except where there is a compulsory vaccination programme for racing pigeons established by the appropriate authority”;
in point (b), for “in accordance with the procedure referred to in Article 33(2)” there were substituted “by the appropriate authority by regulations”;
in point (c), for “Article 17(3) of Directive 92/66/EEC” there were substituted “a compulsory vaccination programme established by the appropriate authority”;
in paragraph 3, in the words before point (a)—
for “Commission” there were substituted “appropriate authority”;
for “in accordance with the procedure referred to in Article 33(2)” there were substituted “in accordance with a procedure set out by the appropriate authority by regulations,”.
Article 16 is to be read as if—
in paragraph 1—
for “Where a Member State draws up or has drawn up” there were substituted “The appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, draw up”;
“it may present the programme to the Commission,” were omitted;
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 any additional guarantees, general or specific, which may be required for importation into Great Britain.”;
paragraph 3 were omitted.
Article 17 is to be read as if—
in paragraph 1—
in the words before point (a)—
for “a Member State” there were substituted “the appropriate authority”;
for “it shall present to the Commission appropriate supporting documentation,” there were substituted “the appropriate authority may, by regulations or in accordance with a procedure set out by the appropriate authority by regulations, draw up a plan”;
in point (a), for “that Member State” there were substituted “Great Britain”;
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 any additional guarantees, general or specific, which may be required for importation into Great Britain.”;
paragraph 3 were omitted.
Article 18 is to be read as if—
in paragraph 2(b)(i), for “Member State” there were substituted “third country”;
in paragraph 7, for “competent authority of the Member State” there were substituted “competent authority of the third country”.
Article 21 is to be read as if—
for the words from “The Member States of destination” to “one or more Member States” there were substituted “Third countries”;
after “of dispatch” there were inserted “may be granted by the appropriate authority”;
for “Article 20” there were substituted “Article 26”.
Article 22 is to be read as if for “the Community” there were substituted “Great Britain”.
Article 23 is to be read as if—
in paragraph 1, for the words from “on a list drawn up by the Commission” to the end there were substituted—
“on a list authorised by 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 poultry and hatching eggs covered by this Directive may be imported into Great Britain.”;
in paragraph 2—
in point (a), for “the Member States” there were substituted “Great Britain”;
in point (g), for “Community rules” there were substituted “legislation in force in the relevant constituent territory of Great Britain”;
paragraph 3 were omitted.
Article 24 is to be read as if—
in paragraph 1—
in point (a), for the words from “and Newcastle disease” to the end there were substituted “and Newcastle disease, as referred to in the Diseases of Poultry Orders, are legally notifiable diseases”;
in point (b), for “Directives 2005/94/EC and 92/66/EEC respectively” there were substituted “the Diseases of Poultry Orders”;
in paragraph 2, for “The Commission may, in accordance with the procedure referred to in Article 33(2), decide” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, determine”.
Article 25 is to be read as if—
in paragraph 1—
in the words before point (a), for “drawn up in accordance with” there were substituted “referred to in”;
in point (a), for “in accordance with the procedure referred to in Article 33(2)” there were substituted “by the appropriate authority by regulations”;
in point (b), for “in accordance with the procedure referred to in Article 33(2)” there were substituted “by the appropriate authority by regulations”;
in paragraph 2, for “In accordance with the procedure referred to in Article 33(2), derogations may be granted” there were substituted “The appropriate authority may by regulations grant derogations”.
Article 26 is to be read as if—
in paragraph 1—
in the first subparagraph, for “certificate” there were substituted “relevant health certificate, in the form published by the appropriate authority from time to time, that is”;
in point (a), for “the Member State of destination” there were substituted “Great Britain”;
in point (b), for “the official language or languages of the Member State of destination” there were substituted “at least English”;
in point (e), for “five” there were substituted “ten”;
paragraph 2 were omitted.
Article 28 is to be read as if—
in paragraph 1, for “The Commission may, in accordance with the procedure referred to in Article 33(3), decide” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, determine”;
in paragraph 2, for “The Commission may, in accordance with the procedure referred to in Article 33(2)” there were substituted “The appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations,”.
Article 29 is to be read as if—
for “the Commission may, in accordance with the procedure referred to in Article 33(2), decide to permit” there were substituted “the appropriate authority may, in accordance with a procedure set out by the appropriate authority by regulations, permit”;
for “shall be drawn up at the same time in accordance with the same procedure” there were substituted “may be prescribed by the appropriate authority by regulations”.
Article 30 is to be read as if—
for “the Member State of destination”, in the first place where it occurs, there were substituted “Great Britain”;
for “in accordance with the procedure referred to in Article 33(3)” there were substituted “by the appropriate authority in accordance with a procedure set out by the appropriate authority by regulations”;
“of the Member State of destination” were omitted.
Article 34 is to be read as if—
for “Amendments to Annexes I to V” there were substituted “The appropriate authority may by regulations modify Annexes 1 to 3, or amend the modifications made to any Annex to this Directive by Part 5 of the TARP (ALF) Regulations 2022,”;
“, shall be decided in accordance with the procedure referred to in Article 33(2)” were omitted.
Annex 1 is to be read as if—
“designated in accordance with Article 4” were omitted;
“in each Member State” were omitted.
Annex 2 is to be read as if—
in Chapter 1, in point 1, for “intra-Community trade” there were substituted “importation into Great Britain”;
in Chapter 2—
in point A(2)—
in subparagraph (b), in the second indent, “in the Community” were omitted;
in subparagraph (e)(ii), for “the same Member State” there were substituted “the relevant third country”;
in point B(2)—
in subparagraph (b), in the first indent, “Community” were omitted;
in subparagraph (e), in the first indent, for “trade within the Union or export to a third country” there were substituted “for importation into Great Britain”;
in Chapter 3, in point A(2)(d), for “in the Member State” there were substituted “in the country”.
Annex 3 is to be read as if—
in point 1, for “any Member State” there were substituted “the relevant country”;
in point 2, for “Commission” there were substituted “appropriate authority”;
in point 3, for “Directive 2001/82/EC of the European Parliament and of the Council” there were substituted “the Veterinary Medicines Regulations 2013”.