The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

S.I. 2019/591 · Made 14 March 2019 · Extends to United Kingdom

Exiting The European Union

Animals

Made 14th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1: 2018 c. 16.

Part 1: Introductory
1Citation and commencement
Part 2: Amendments to Commission Implementing Regulation (EU) No 2015/262
2Amendments to Commission Implementing Regulation (EU) No 2015/262
3Amendments to Article 1
4Amendments to Article 2
5Amendments to Article 3
6Amendments to Article 4
7Amendments to Chapter 2
8Amendments to Article 5
9Amendments to Article 6
10Amendments to Article 7
11Amendment to Article 8
12Amendments to Article 9
13Amendments to Article 10
14Amendments to Article 11
15Amendments to Article 12
16Omission of Article 13
17Amendment to Chapter 3
18Amendments to Article 14
19Amendments to Article 15
20Insertion of new Article 15A
21Amendment to Article 16
22Amendments to Article 17
23Amendments to Article 18
24Amendments to Article 19
25Omission of Article 21
26Amendment to Article 22
27Amendment to Article 23
28Amendments to Article 24
29Amendments to Article 25
30Amendments to Article 26
31Amendments to Article 27
32Amendment to Article 28
33Amendments to Article 29
34Amendments to Article 30
34AAmendments to Article 31
35Amendments to Article 32
36Amendments to Article 33
37Amendment to Article 34
38Amendments to Article 36
39Amendments to Article 37
40Amendment to Article 38
41Amendments to Article 39
42Amendments to Article 40
43Omission of Article 41
44Amendment of Article 42
45Amendments to Article 43
46Revocation of final provision
47Amendments to Annex 1
Part 3: Amendments to Commission Decisions
48Amendments to Commission Decision 92/216/EEC
49Amendments to Commission Decision 92/353/EEC Not yet in force
50Amendments to Commission Decision 92/354/EEC Not yet in force
Part 4: Amendments to the EEA agreement
51Amendments to the Annex to the EEA Agreement
Signature
Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

2Amendments to Commission Implementing Regulation (EU) No 2015/262I1

Commission Implementing Regulation (EU) No 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) is amended as follows.

3Amendments to Article 1I1 F1

In Article 1(1)—

(a)

in point (a), for “the Union” substitute “Great Britain”;

(b)

in point (b), for the words from “the Union” to the end substitute “Great Britain.”.

4Amendments to Article 2I1

In Article 2—

(a)

for point (e)(i) (together with the following “or”) substitute—

“(i)
entered or registered and eligible for entry in a studbook, in accordance with the rules laid down by Articles 4(3), 19(4), 30(9) and (10), 32, 33 and 34(1)(c) of, and Annex 1, Part 1 of Annex 2 and Annex 5 to—
— in relation to the United Kingdom, Regulation 2016/1012 of the European Parliament and of the Council”,
— in relation to member States, Regulation (EU) 2016/1012 of the European Parliament and of the Council M1 as it has effect in EU law, as amended from time to time,
and identified by means of an identification document issued by a competent authority, or”;

(b)

in point (f)(i)—

(i)

after “recognised”, insert “ F1by the appropriate authority, by the zootechnical authority in Northern Ireland or ”;

(ii)

after “agency of”, insert “ the United Kingdom or of ”;

(c)

in point (h), for the words from “either” to the end substitute “to the slaughterhouse for slaughter, either directly or through an approved marshalling centre, referred to in—

(i)

Article 2(b) of Council Regulation 1/2005/EC, or

(ii)

in relation to intended slaughter in a member State F2or in Northern Ireland, Council Regulation 1/2005/EC, as that Regulation has effect in EU law, as amended from time to time M2;”;

(d)

for point (i) substitute—

“(i)
‘competent authority’ means—
(i)
in F3Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including an official veterinarian;
(ii)
in a member State, the central authority of the member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC, as amended from time to time (‘the EU Directive’) M3;
F4(iii)
in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including the competent authority referred to in point (h) of the EU Directive; ”;

(e)

for point (j) substitute—

“(j)
‘zootechnical authority’ means—
(i)
in F5Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;
(ii)
in a member State, the central authority competent for the implementation of Council Directive 90/427/EEC M4, as amended from time to time, or any authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Commission Decision 92/353/EEC, as that Decision has effect in EU law, as amended from time to time M5;
F6(iii)
in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book; ”;

(f)

for point (k) substitute—

“(k)
‘temporary admission’ means the status of a registered horse coming from a third country and admitted into F7Great Britain for a period of days pursuant to—
(i)
Article 3(1)(a) of Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;
(ii)
a Decision adopted in accordance with Article 19(b) of the EU Directive;”;

F8(g)

omit point (l);

F9(ga)

omit point (p);

(h)

in point (r), after “designated by” insert “ a competent authority of the United Kingdom, ”;

F10(i)

in point (t)—

(i)

after “means the”, insert “veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013 or, in Northern Ireland or a member State, the”;

(ii)

after “Directive 2001/82/EC”, insert “as that Directive has effect in EU law, as amended from time to time”;

(j)

after point (t) , insert—

“(u)
‘third country’ means a country other than F11the British Islands or a member State;
(v)
‘constituent territory of the United Kingdom free of African horse sickness’ means a constituent territory of the United Kingdom in which—
(i)
there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years, and
(ii)
there have been no vaccinations against that disease during the previous 12 months;
(w)
‘constituent territory of the United Kingdom’ means England, Wales, Scotland, or Northern Ireland;
F12(wa)
‘constituent territory of Great Britain’ means England, Wales or Scotland;
(x)
‘appropriate authority’ means—
(i)
in relation to England, the Secretary of State;
(ii)
in relation to Scotland, the Scottish Ministers;
(iii)
in relation to Wales, the Welsh Ministers;
F13(iv)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(y)
‘the EU Regulation’ means Commission Implementing Regulation (EU) 2015/262 M6, as that Regulation has effect in EU law, as amended from time to time.”.

5Amendments to Article 3I1

In Article 3—

(a)

in paragraph 1, for the words from “one of” to “882/2004” substitute “ F1Great Britain ”;

(b)

omit paragraph 3;

F2(c)

in paragraph 4—

(i)

for “Member States” substitute “The appropriate authority”;

(ii)

for “(EC) No 882/2004” substitute “(EU) 2017/625”.

6Amendments to Article 4I1

(1)

In Article 4—

F1(a)

in the heading—

(i)

omit “Union”;

(ii)

at the end, insert “in Great Britain”;

F2(ab)

in paragraph 1, in the text before point (a)—

(i)

omit “Union”;

(ii)

after “system for the identification of equidae” insert “in Great Britain”;

(b)

in paragraph 2—

(i)

in point (a)—

(aa)

for points (i) and (ii) substitute—

“(i)
Article 9 of this Regulation or of the EU Regulation, for equidae born in the United Kingdom or the Union; or
(ii)
Article 14 of this Regulation or of the EU Regulation, for equidae imported into the United Kingdom or the Union;”;

(bb)

in point (iii), after “30” insert “ of this Regulation or of the EU Regulation, ”;

(cc)

in point (iv), after “Article 32” insert “ of this Regulation or of the EU Regulation, ”;

(ii)

in point (b)—

(aa)

in point (i), after “Article 24” insert “ of this Regulation or of the EU Regulation ”;

(bb)

in point (ii), after “Article 26(2)” insert “ of the EU Regulation ”.

7Amendments to Chapter 2I1 F1

In the title of Chapter 2, for “the Union” substitute “Great Britain”.

8Amendments to Article 5I1

In Article 5—

F1(a)

in the heading, for “the Union” substitute “Great Britain”;

(b)

in paragraph 1—

(i)

for point (a) substitute—

“(a)
for registered equidae (referred to in point of Article 2(e)(i))—
(i)
by an organisation or association officially approved or recognised in accordance with Article F24(3) of Regulation (EU) 2016/1012, as F3it has effect in EU law, as amended from time to time,
(ii)
by an official agency in a member State,
(iii)
by an organisation or association officially approved or recognised in accordance with Article 4(3) of Regulation (EU) 2016/1012,
(iv)
by an official agency in the United Kingdom,
which manages the studbook in which the equine animal has been entered or has been registered and is eligible for entry;”;

(c)

in point (b), after “Member State” insert “ or constituent territory of the United Kingdom ”.

9Amendments to Article 6I1

In Article 6—

(a)

in paragraph 1—

(i)

for “Member States”, in the first place where it occurs substitute “ The appropriate authority ”;

(ii)

omit “the other”, in the first place where it occurs;

F1(iii)

after “Member States,” in the second place where it occurs, insert “the competent authority for Northern Ireland,”;

(b)

in paragraph 2(c), omit the words from the beginning to “and”;

(c)

for paragraph 3 substitute—

“
3
The appropriate authority must make the information in the list provided for in paragraph 1 available on a website which must be directly accessible to member States, F2the competent authority for Northern Ireland, the public and issuing bodies.”.

10Amendments to Article 7I1 F1

In Article 7, in the heading and in paragraph 1, for “the Union” substitute “Great Britain”.

11Amendment to Article 8I1 F1

In the heading to Article 8, for “the Union” substitute “Great Britain”.

12Amendments to Article 9I1

In Article 9—

F1(a)

in the heading, for “the Union” substitute “Great Britain”;

(b)

in paragraph 2, for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ”.

F2(c)

in paragraph 3(b), for “2 or 3 of Decision 96/78/EC” substitute “15 of Regulation (EU) 2016/1012”.

13Amendments to Article 10I1

In Article 10—

(a)

in paragraph 1(a), omit the words from “, or an equivalent” to the end;

(b)

in paragraph 3(b), omit the words from “or an authorised” to the end.

14Amendments to Article 11I1

In Article 11—

F1(a)

in the heading, for “the Union” substitute “Great Britain”;

(b)

for paragraph 1 substitute—

“
1
Keepers must submit an application for identification documents for equidae born in F2Great Britain to the appropriate issuing body in Great Britain, and must provide all information necessary to comply with this Regulation.”;

(c)

in paragraph 2—

(i)

for “Member States”, substitute “ The competent authority ”;

(ii)

omit “and Article 13(1)”;

F3(d)

in paragraph 3—

(i)

omit “and in accordance with Article 1 of Decision 96/78/EC”;

(ii)

for the words from “other than” to the end substitute “or in Northern Ireland, rather than in Great Britain”.

15Amendments to Article 12I1

In Article 12—

F1(a)

in the heading, for “the Union” substitute “Great Britain”;

(b)

in paragraph 1—

F2(i)

for “the Union” substitute “Great Britain”;

(ii)

omit “or in accordance with Article 26(2)”;

(c)

omit paragraph 2;

(d)

in paragraph 3—

(i)

in the words before point (a), for “paragraphs 1 and 2” substitute “ paragraph 1 ”;

(ii)

in point (b), for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ”.

16Omission of Article 13I1

Omit Article 13.

17Amendment to Chapter 3I1 F1

In the heading of Chapter 3, for “the Union” substitute “Great Britain from a third country”.

18Amendments to Article 14I1

In Article 14—

F1(a)

for “the Union” substitute “Great Britain from a third country”;

(b)

for point (a)(i) substitute—

“(i)
in the case of registered equidae, by a body in a third country, included in the list provided for in—
— Article 34 of Regulation 2016/1012 of the European Parliament and of the Council, as it has effect in the EU law, as amended from time to time;
— Annex 1 to Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;”.

19Amendments to Article 15I1

In Article 15—

F1(a)

in the heading, for “the Union” substitute “Great Britain from a third country”;

(b)

in paragraph 1—

(i)

in the words before point (a)—

(aa)

for “Article 5(1)” substitute “ Article 5(1)(a)(iii) and (iv) and (b) ”;

(bb)

for “Article 5(16)(a) of Regulation (EU) No 952/2013” substitute “ section 3(3) of the Taxation (Cross-Border Trade) Act 2018 ”;

F2(ii)

in point (a), for “the Union” substitute “Great Britain from a third country”;

F3(iii)

in point (b)—

(aa)

after “admission of a registered horse” insert “from a third country”;

(bb)

for the words from “a Decision” to the end substitute “the procedure referred to in Article 19 of Regulation 2018/659;”;

(c)

in paragraph 3, for “Directive 90/427/EEC” substitute “ this Regulation ”.

20Insertion of new Article 15AI1

After Article 15, insert—

“Article 15A
Identification of equidae for purposes of travel to the European Union F1or Northern Ireland
1
On an application made in accordance with paragraph 3, the competent authority may issue an EU travel identification document for the purposes of exporting an equine animal from F2Great Britain to the Union, or for the purposes of moving an equine animal from Great Britain to Northern Ireland, whether or not for a temporary period.
2
An EU travel identification document may be issued where—
(a)
the equine animal does not fall within the categories referred to in Article 14(a)(i) or (ii);
(b)
at the date of the application, the equine animal is identified by a valid single identification document in accordance with Article 9, 14, 29, 30 or 32, and
(c)
that identification document was issued by an issuing body referred to in Article 5(1)(c)(ii).
3
An application to the competent authority for an EU travel identification document must be—
(a)
made by the owner or keeper of the equine animal, and
(b)
accompanied by the identification document referred to in paragraph 2(b).”.

21Amendment to Article 16I1

In Article 16(1)(a), after “issued”, insert “ (by an issuing body either in the United Kingdom or in a member State) ”.

22Amendments to Article 17I1

In Article 17—

(a)

in paragraph 1(b) and (c) and 2, after “Article 21”, insert “ of the EU Regulation ”;

(b)

in paragraph 3, after “Union”, insert “ or the United Kingdom ”.

F1(c)

omit paragraph 4.

23Amendments to Article 18I1

In Article 18—

(a)

for paragraph 3 substitute—

“
3
The minimum qualification required for the intervention provided for in paragraph 2 is that the person implanting the transponder into the equine animal is a current and registered member of the Royal College of Veterinary Surgeons or of an equivalent professional body in a member State.”;

(b)

in paragraphs 4 and 5(b), after “Article 21”, insert “ of the EU Regulation ”.

24Amendments to Article 19I1

In Article 19—

(a)

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

(b)

for paragraph 2 substitute—

“
2
The rules laid down in accordance with paragraph 1 must not compromise the system of identification for registered equine animals laid down (in accordance with Article 19(1) of the EU Regulation, by issuing bodies in member States F1or in Northern Ireland).”.

25Omission of Article 21I1

Omit Article 21.

26Amendment to Article 22I1

In Article 22(1)(a), after “Article 21” insert “ of the EU Regulation ”.

27Amendment to Article 23I1

In Article 23(2)(b)(i), for “a Member State” substitute “ F1Great Britain ”.

28Amendments to Article 24I1

In Article 24—

(a)

in paragraph 1, for “the same Member State” substitute “ F1Great Britain ”;

F2(b)

omit paragraph 3.

29Amendments to Article 25I1

In Article 25—

(a)

in paragraph 1, for “the same Member State” substitute “ F1Great Britain ”;

(b)

for paragraph 2 substitute—

“
2
Paragraph 1 also applies in relation to the transportation of registered equidae or equidae for breeding and production within F2Great Britain in circumstances where those equidae have entered Great Britain from a member State F3or from Northern Ireland.”.

30Amendments to Article 26I1

In Article 26—

(a)

after paragraph 1, insert—

“
1A
Where an EU travel identification document has been issued in accordance with Article 15A in respect of an equine animal, in addition to the document specified in paragraph 1(b) or (c), the EU travel identification document must also accompany that animal while it is being moved or transported to the slaughterhouse.”;

(b)

omit paragraphs 2 and 3.

31Amendments to Article 27I1

In Article 27—

(a)

in paragraph 1—

(i)

in point (b), omit the words from “or mark” to the end of point (b);

(ii)

in point (d), for the words from “, where required” to the end substitute “ of the equine animal; ”;

(b)

in paragraph 2—

(i)

in the words before point (a), for “Member State” substitute “ constituent territory of F1Great Britain ”;

(ii)

in point (a), for “Member State where the holding is located” substitute “ United Kingdom ”;

F2(iii)

in point (b), in the words before point (i), for the words from “the Member State where” to “Member” substitute “Great Britain from a member”;

F3(iv)

in points (b)(ii) and (iii), for “the Member State” substitute “Great Britain”;

(c)

in paragraph 3—

F4(i)

in point (a)(ii)—

(aa)

for “Decision 92/353/EEC” substitute “Article 4(3) of Regulation (EU) 2016/1012”;

(bb)

for the words from “Member State” to “located” substitute “United Kingdom”;

(cc)

for “Decision 96/78/EC” substitute “Annex II of Regulation (EU) 2016/1012”;

(ii)

for point (c) substitute—

“(c)
with the competent authority of the constituent territory where the holding of the equine animal is located or with any of the issuing bodies designated in accordance with this Regulation by that competent authority.”.

32Amendment to Article 28I1

In Article 28(c), omit the words from “, where the change of ownership is required” to the end.

33Amendments to Article 29I1

In Article 29—

(a)

in paragraph 1—

(i)

in the words before point (a), for “Article 5(1)” substitute “ Article 5(1)(a)(iii) or (iv), (b) or (c) ”;

(ii)

in point (a), after “Article 21” insert “ of the EU Regulation ”;

(b)

in paragraph 2—

(i)

in the words before point (a), for “in Article 5(1)” substitute “ in that paragraph ”;

(ii)

in point (a), omit the words from “or an authorised” to the end;

(c)

in paragraph 4—

(i)

for “Article 5(1)”, in the first place where it occurs, substitute “ paragraph 1 ”;

(ii)

for the words from “Article 5(1)”, in the second place it occurs, to the end substitute “ paragraph 1 in the constituent territory of F1Great Britain where the holding of the equine animal is located. ”.

34Amendments to Article 30I1

In Article 30—

F1(a)

in the heading, for “the Union” substitute “Great Britain”;

(b)

in point (b), for “Member State”, in both places it occurs, substitute “ constituent territory of F2Great Britain ”.

34AAmendments to Article 31F1 I1

In Article 31(1), omit point (b).

35Amendments to Article 32I1

In Article 32—

(a)

in paragraph 1, in the words before point (a) and in point (a)(ii), for “Article 5(1)” substitute “ Article 5(1)(a)(iii) or (iv), (b) or (c) ”;

(b)

in paragraph 2(a), omit the words from “or apply” to the end.

36Amendments to Article 33I1

In Article 33—

(a)

the existing paragraph becomes paragraph 1;

(b)

in that paragraph—

F1(i)

for point (a) substitute “referred to in paragraph 1A;”;

(ii)

for point (b) substitute—

“(b)
situated in—
F2(i)
a country or region that is not free from African horse sickness;
(ii)
a constituent territory of F3Great Britain that is not free of African horse sickness.”;

(c)

after point (b), insert—

“F4(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(c)
subject to an order under section 1 of the Animal Health Act 1981 M1 preventing the introduction into or spreading of disease within Great Britain or any of the constituent territories of F6Great Britain F7....
F81A.
The holdings referred to in paragraph 1(a) are those where:
(a)
equidae suspected of having contracted dourine are or have been located, unless it has been at least six months since the last actual or possible contact with a sick animal. This paragraph does not apply where the animal referred to in paragraph 1 has been castrated;
(b)
equidae suffering from glanders or equine encephalomyelitis are or have been located, unless it has been at least six months since the day on which the equidae suffering from the disease in question was slaughtered;
(c)
animals suffering from infectious anaemia are or have been located, unless the infected animals have been slaughtered and the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;
(d)
cases of vesicular stomatitis have been recorded, unless it has been at least six months since the last recorded case;
(e)
cases of rabies have been reported, unless it has been at least one month since the last recorded case;
(f)
cases of anthrax have been reported, unless it has been at least 15 days since the last recorded case.
1B.
If all the animals of a species susceptible to the disease located on the holding referred to in paragraph 1A have been slaughtered and the premises disinfected, the period referred to in paragraphs 1A(a) to (e) shall be 30 days, beginning on the day on which the animals were destroyed and the premises disinfected.
2
For the purposes of paragraph 1(b)F9..., a constituent territory of the United Kingdom is not free of African horse sickness if—
(a)
clinical, serological (in unvaccinated animals) or epidemiological evidence has revealed the presence of African horse sickness in that F10country, region or constituent territory in the past two years;
(b)
vaccination against African horse sickness has been carried out in that country, region or constituent territory in the past 12 months.”.

37Amendment to Article 34I1

In Article 34—

(a)

in paragraph 1(c)(i) and (ii), for the words from “or through” to “Article 36(2)” substitute “ or, where the issuing body is in a member State, either directly or through the contact point referred to in Article 36(2) of the EU Regulation ”;

(b)

in paragraph 2(a)—

(i)

in point (i), for “the second subparagraph of Article 4(4)(a) of Directive 2009/156/EC” substitute “ animal health legislation in force in the constituent territory of F1Great Britain ”;

(ii)

in point (ii), for “in accordance with Article 7(3) of Directive 2009/156/EC” substitute “ must record the identification number or identification document number of the slaughtered animal and, if requested to do so by the competent authority of the constituent territory of F2Great Britain where the animal was slaughtered, must forward to that competent authority an attestation to the effect that the animal has been slaughtered ”.

38Amendments to Article 36I1

(1)

In Article 36—

(a)

in the heading, omit “Obligations of Member States to ensure”;

(b)

for paragraphs 1 to 3 substitute—

“
1
A competent authority of a constituent territory of F1Great Britain may issue guidance on procedure and time limits for returning the invalidated identification document to the issuing body in accordance with Article 34(1)(c)(ii).
2
The contact point for receiving the attestation of destruction of the identification document referred to in Article 34(1)(c)(i) of the EU Regulation, or the identification documents referred to in Article 34(1)(c)(ii) of the EU Regulation, is—
(a)
in England F2and Wales, the Food Standards Agency M1;
(b)
in Scotland, Food Standards Scotland M2.
3
The appropriate authority must make details of the contact point referred to in paragraph 2 available to member States F3, the competent authority in Northern Ireland and to the public on the website referred to in Article 6(1).”.

39Amendments to Article 37I1

In Article 37—

(a)

in paragraph 1(b), for “Article 10(2) of Directive 2001/82/EC” substitute “ regulation 8(b) of, and Schedule 4 to, the 2013 Regulations ”.

(b)

in paragraph 2, in the words before point (a), for the words from “in accordance”, in the first place it occurs, to “2001/82/EC” substitute “ with a medicinal product administered in accordance with a provision specified in paragraph 3A, the veterinarian responsible for treating the equine animal ”;

(c)

in paragraph 3, in the words before point (a), for the words from “as referred” to “Article 10(2) of Directive 2001/82/EC” substitute “ for treating the equine animal in accordance with regulation 8(b) of, and Schedule 4 to, the 2013 Regulations shall ensure that ”;

(d)

after paragraph 3 insert—

“
3A
The provisions specified in this paragraph are—
(a)
regulation 8(b) of, and Schedule 4 to, the 2013 Regulations;
(b)
Commission Regulation (EU) 1950/2006.”;

(e)

in paragraph 4, for “Member State” substitute “ constituent territory of F1Great Britain ”;

(f)

omit paragraph 5;

(g)

in paragraph 6, for “Article 10(3) of Directive 2001/82/EC” substitute “ Schedule 4 to the 2013 Regulations ”;

(h)

after paragraph 6 insert—

“
7
In this Article, ‘the 2013 Regulations’ means the Veterinary Medicines Regulations 2013.”.

40Amendment to Article 38I1

In Article 38—

(a)

in paragraph 3,

F1(i)

in the words before point (a), for “Member State” substitute “ constituent territory of the United Kingdom or in the member State ”;

F2(i)

in point (a), after “with Article 5(1);” insert “and”;

(ii)

in point (b), at the end insert “, if different”;

(b)

after paragraph 3 insert—

“
4
Where an EU travel identification document has been issued in respect of an equine animal, the competent authority issuing the document must communicate the information specified in paragraph 1, and the fact that an EU travel identification document has been issued, to the central database for the appropriate constituent territory of F3Great Britain, established in accordance with Article 39.”.

41Amendments to Article 39I1

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 “those Member States that have” substitute “ a constituent territory of F1Great Britain which has ”;

(ii)

in point (a), for “accordance with Article 40” substitute “ the other constituent territories of the United Kingdom and in member States ”;

(c)

for paragraph 3 substitute—

“
3
The appropriate authority must make the name, address and contact details of the central database of a constituent territory available to member States, the other constituent territories of the United Kingdom and to the public.”.

42Amendments to Article 40I1

In Article 40—

(a)

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

(b)

in paragraph 2—

(i)

in the words before point (a), for the words from “Member States” to “89/608/EC” substitute “ The appropriate authority shall ensure cooperation with member States and with the other constituent territories of the United Kingdom in the operation of the territory's central database ”;

(ii)

in point (a), for “Member State” substitute “ member State or the constituent territory of the United Kingdom ”;

(iii)

in point (b), for “other Member States” substitute “ member States and of the other constituent territories of the United Kingdom ”.

43Omission of Article 41I1

Omit Article 41.

44Amendment of Article 42I1

In Article 42—

(a)

for the heading, substitute “ References to repealed Regulation ”;

(b)

omit the first paragraph;

(c)

in the second paragraph, for “the repealed Regulation” substitute “ Regulation (EC) No 504/2008 ”.

45Amendments to Article 43I1

In Article 43—

F1(a)

in paragraph 2, for “the Union or imported into the Union” substitute “Great Britain or imported into Great Britain”;

(b)

omit paragraphs 3 and 4.

46Revocation of final provisionI1

After Article 44, omit the words from “This Regulation” to “all Member States”.

47Amendments to Annex 1I1

(1)

Annex 1 is amended as follows.

(2)

In Part 1—

(a)

omit the French text;

(b)

in paragraph 1, for the words from “in French” to the end substitute “ in English, and may also contain other languages ”;

(c)

in paragraph 2(3), for “the second subparagraph of Article 4(4)(a) of Directive 2009/156/EC” substitute “ animal health legislation in force in the constituent territory of F1Great Britain”;

(d)

in paragraph 3(10), for “on the territory of a Member State” substitute “ within F2Great Britain”;

(e)

in section 2—

(i)

in Part 2, for the words from “Article 6(3)” to “Article 10(2) of that Directive” substitute “ regulation 8 of, and Schedule 4 to, the Veterinary Medicines Regulations 2013 or authorised in accordance with Commission Regulation 122/2013 ”;

(ii)

in Part 3, for the sentence beginning “Without prejudice” substitute—

“Without prejudice to any other food or product safety legislation in effect in F3Great Britain, the equine animal may be subject to treatment in accordance with Commission Regulation 122/2013 with the condition that the equine animal so treated may only be slaughtered for human consumption after the end of the general withdrawal period of 6 months following the date of last administration of a substance listed in Commission Regulation 122/2013.”;

(iii)

in the table headed “medication record”, in the first and third columns, in the first paragraph, for “Article 10(3) of Directive 2001/82/EC” substitute “ Commission Regulation 122/2013 ”;

F4(ea)

in section 3, in the heading, omit “in accordance with Article 4(4)(a) of Directive 2009/156/EC”;

(f)

in section 10—

(i)

in the heading, “Basic health conditions”, omit “(Article 4(4)(a) of Directive 2009/156/EC)”;

(ii)

in the second heading, for “not valid to enter the European Union” substitute “ F5only valid to enter Great Britain from a member State or Northern Ireland ”;

(iii)

in the first paragraph, in the words before point (a), for “on the territory” to “Union” substitute “F6from a member State or Northern Ireland to the territory of Great Britain”.

48Amendments to Commission Decision 92/216/EECI1

(1)

Commission Decision 92/216/EEC on the collection of data concerning competitions for equidae as referred to in Article 4(2) of Council Directive 90/428/EEC is amended as follows.

(2)

For Article 1, substitute—

“Article 1
1
The competent authority of each constituent territory of the United Kingdom must appoint a coordinating authority responsible for collecting the data concerning—
(a)
competitions reserved for equidae registered in a specific studbook for the purpose of permitting the improvement of the breed;
(b)
regional competitions with a view to selecting equidae;
(c)
historic or traditional events.
F1(d)
the criteria for the distribution of funds for the safeguard, development and improvement of breeding which have been reserved from the prize money or profits of competitions.
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(3)

Omit Article 2.

49Amendments to Commission Decision 92/353/EECF1

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

50Amendments to Commission Decision 92/354/EECF1

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

51Amendments to the Annex to the EEA AgreementI1

In Annex 1 to the EEA agreement (veterinary and phytosanitary matters), in Chapter 1 (veterinary issues), omit the words from “The provisions of” to the end of the second paragraph of point (c) in the following provisions——

(a)

Part 2 (zootechnics), section 2.2 (application texts), point 33;

(b)

Part 4 (animal health: exchange and placing on the market of live animals), section 4.2 (application texts), point 85.

Signature

Gardiner of Kimble

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 particular under section 8(2)(a) to (c) of that Act) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to retained direct EU legislation in the field of equine identification.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

Annotations to the whole text

Marginal citations

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