# Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (Text with EEA relevance), Article 17b: Matters relating to the exercise of powers under this Regulation


(1.) 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 are exercisable 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 public health criteria and matters specified in paragraph 3.
(2.) The provisions are—
(a)) Article 2b (specification of closing date and opening date);
(b)) Article 2c (specific conditions – live ungulates and fresh meat);
(c)) Article 2d (supplementary guarantees – live ungulates);
(d)) in Article 3 (specification of third country, territory or part thereof from which ungulates may be imported into Great Britain), paragraph 1;
(e)) in Article 3a (specification of third country, territory or part thereof from which ungulates may be imported into Great Britain for an approved body, institute or centre), paragraph 1(b)(i);
(f)) in Article 7, (specification of third country or part thereof from which certain species of bees may be imported into Great Britain), paragraph 1(a) and paragraph 2;
(g)) in Article 14 (general conditions for the import into Great Britain of fresh meat), point (a);
(h)) in Article 14b (supplementary guarantees – fresh meat), paragraph 1;
(i)) Article 16 (specification of third countries and parts thereof authorised for the transit and storage of fresh meat).
(3.) Any assessment which is relied on for the purposes of paragraph 1 with regard to imports of ungulate animals listed in Annex 1 to Council Directive 2004/68/EC2 must be appropriate to the circumstances and 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—
(a)) the health status of livestock, other domestic animals and wildlife and the environmental situation in the third country, with particular regard to the general situation as regards animal health in the third country and any animal disease that is exotic, notifiable or reportable in the United Kingdom that may pose a risk to the health and environmental situation of the United Kingdom;
(b)) the legislation of the third country in relation to animal health and welfare;
(c)) the organisation of the competent veterinary authority and its inspection services in the third country, the powers available to undertake those services, the supervision to which they are subject, and the means at their disposal, including staff and laboratory capacity, to apply the third country’s legislation effectively;
(d)) the assurances which the competent veterinary authority of the third country can give regarding compliance with legislation in that country that is of relevance to protection of animal health in the United Kingdom;
(e)) whether the third country is a member of the OIE, and the regularity and rapidity of the information supplied by the third country relating to the existence of infectious or contagious animal diseases in its territory, in particular those diseases listed by the OIE;
(f)) the assurances given by the third country to inform the United Kingdom within 24 hours of the confirmation of the occurrence of any diseases of ungulates listed in Annex 2 to Council Directive 2004/68/EC and of any change in the vaccination policy concerning such diseases, or any proposed changes in the national health rules concerning live ungulate animals, in particular regarding importation;
(g)) any experience of previous imports of live animals from the third country and the results of any import controls carried out;
(h)) the animal health requirements applying to the production, manufacture, handling, storage and dispatch of products of animal origin intended for Great Britain;
(i)) the results of inspections or audits carried out in the third country, in particular the results of the assessment of the competent authorities of those inspections or audits;
(j)) the rules on the prevention and control of infectious or contagious animal diseases in force in the third country and their implementation, including rules on importation from other third countries.
(4.) Any assessment which is relied upon for the purposes of paragraph 1 with regard to the imports of fresh meat in accordance with Council Directive 2002/99/EC 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).
(5.) 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.
(6.) In this Article—
“the OIE” means the World Organisation for Animal Health;
“public health criteria” means the criteria set out in Schedule 2 to the Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019.

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Source: https://www.legislation.gov.uk/eur/2010/206/article/17b (the official version)
Page: https://openlegislation.uk/eu-regulation-2010-206/article-17b
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.