Article 18b Matters relating to the exercise of powers under this RegulationF1
The powers exercisable by the Secretary of State, with the consent of the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), under the provisions listed in paragraph 2 may be exercised only where it is necessary or appropriate to do so in the light of an assessment of the risk to animal or public health in the United Kingdom, taking into account the criteria and matters specified in paragraph 3.
The provisions are—
Article 3 (specification of third country or part thereof from which certain poultry and poultry products may be imported into Great Britain);
Article 4a (power to specify an opening and closing date);
in Article 5—
- (i)
paragraph 1(b) (requirement of additional guarantees);
- (ii)
paragraph 1(c) (specification of specific conditions);
- (iii)
paragraph 1(d) (specification of conditions relating to salmonella control);
Article 10(a) (avian influenza control programme);
Article 11(a) (vaccination against avian influenza).
Any assessment in respect of live poultry, hatching eggs (including specified pathogen free eggs), day-old chicks and poultry products which is relied upon for the purposes of paragraph 1 must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales), taking into account the animal health criteria, the public health criteria and the following matters—
the assurances which the third country can give with regard to compliance with poultry health requirements in the third country;
the degree of compliance with regulatory requirements in the United Kingdom relating to growth hormones and veterinary medicines.
Any assessment which is relied upon for the purposes of paragraph 1 must be appropriate to the circumstances and must have been approved by the Secretary of State, the Scottish Ministers (in relation to Scotland) and the Welsh Ministers (in relation to Wales).
Where the Scottish Ministers or the Welsh Ministers request that the Secretary of State exercise a power under a provision listed in paragraph 2 the Secretary of State must have regard to that request.
In this Article—
“animal health criteria” means the criteria set out in Schedule 1 to the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019;
“public health criteria” means the criteria set out in Schedule 2 to those Regulations.