Article 8a 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 animal health criteria and the public health criteria.
The provisions are—
Article 2 (importation of raw milk, dairy products, colostrum and colostrum-based products from third countries or parts thereof);
Article 3 (importation of dairy products from third countries or parts thereof not at risk of foot-and-mouth disease);
in Article 4 (importation of dairy products from third countries or parts thereof at risk of foot-and-mouth disease), paragraphs 1A(a) and (b) and 2.
Any assessment 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).
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.