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The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

S.R. 2020/324 · Made 11 December 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Agriculture

Animals

Aquaculture

Made 11th December 2020

Coming into operation in accordance with Regulation 1(2) and (3)

The Department of Agriculture, Environment and Rural Affairsf1 makes these Regulations in exercise of the powers conferred by sections 11 and 22 of, Parts 1 and 1C of Schedule 2 and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018f2.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Agriculture and Rural Development (DARD see section 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)). DARD was renamed the Department of Agriculture, Environment and Rural Affairs (DAERA) by Article 1(2) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)).

f2

2018(c16); Part 1C of Schedule 2 was inserted by section 22 of the European Union (Withdrawal Agreement) Act 2020 (c.1) (the 2020 Act). Paragraph 21(b) of Schedule 7 was amended by paragraph 53(2)(b) of Schedule 5 to the 2020 Act.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and interpretation
  3. Part 2: Agriculture (Food and Residues)
  4. 2Amendments to the Eggs and Chicks Regulations (Northern Ireland) 2010
  5. 3Amendment to the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016
  6. Part 3: Agriculture (Common Agricultural Policy)
  7. 4Amendment to the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014
  8. 5Amendment to the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015
  9. Part 4: Exotic Diseases
  10. 6Amendment to the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006
  11. 7Amendment to the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006
  12. 8Amendment to the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007
  13. 9Amendment to the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007
  14. 10Amendment to the Avian Influenza (Preventative Measures) Regulations (Northern Ireland) 2007
  15. 11Amendment to the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007
  16. 12Amendment to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007
  17. 13Amendment to the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008
  18. 14Amendment to the Swine Vesicular Disease Regulations (Northern Ireland) 2009
  19. Part 5: Livestock Identification
  20. 15Amendments to the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998
  21. 16Amendments to the Cattle Passport Regulations (Northern Ireland) 1999
  22. 17Amendment to the Pigs (Records, Identification and Movement) Order (Northern Ireland) 2012
  23. Part 6: Animal Welfare
  24. 18Amendment to the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006
  25. 19Amendments to the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014
  26. Part 7: Trade
  27. 20Amendment to Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996
  28. Part 8: Animal By-Products
  29. 21Amendment to the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015
  30. Part 9: Official Controls
  31. 22Amendments to the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019
  32. Part 10: Aquaculture
  33. 23Amendment to the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012
  34. Part 11: Revocations
  35. 24Regulation 24
  36. Signature
  37. Schedule REVOCATIONS
  38. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 and come into operation in accordance with paragraphs (2) and (3).

(2)

This regulation, regulation 24 and the Schedule (Revocations) come into operation immediately before IP completion day.

(3)

Regulations 2 to 23 come into operation on IP completion day.

(4)

The Interpretation Act (Northern Ireland) 1954f1 applies to these Regulations as it applies to an Act of the Assembly.

2Amendments to the Eggs and Chicks Regulations (Northern Ireland) 2010

(1)

The Eggs and Chicks Regulations (Northern Ireland) 2010f1 are amended as follows—

(2)

In Schedule 1, in Part 2 in the Table, in row 6 (Article 3(7)), in the third column, for “between Member States” substitute “between Northern Ireland and a Member State or a Member State and Northern Ireland”.

(3)

In Schedule 2, in Part 2 in the Table—

(a)

in row 18 (Article 8(1)), in the third column, for “another Member State” substitute “a Member State”;

(b)

in row 20 (Article 8(5)), in the third column, for “another Member State” substitute “a Member State”.

3Amendment to the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016

In the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016f1, in regulation 2(1), in the definition of “unlicensed substance”, omit “other than the United Kingdom”.

4Amendment to the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014

In the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014f1, in regulation 5, after paragraph (4) insert—

“(4A)

Paragraph (4)(b) applies only for matters relating to direct payments in a claim year prior to 2020.”.

5Amendment to the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015

In the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015f1, for regulation 7(3) substitute—

“(3)

An authorised person entering any land or premises by virtue of this regulation may be accompanied by—

(a)

any representative of the European Commission, except for matters relating to direct payments for any claim year following 31st December 2019; and

(b)

such other persons as the authorised person considers necessary for any purpose mentioned in paragraph (1).”.

6Amendment to the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

In regulation 57(1)(b) of the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006f1, for “Community” substitute “retained EU law or Protocol”.

7Amendment to the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006

In regulation 36(1)(b) of the Foot-and-Mouth (Control of Vaccination) Regulations (Northern Ireland) 2006f1, for “Community” substitute “retained EU law or Protocol”.

8Amendment to the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

In regulation 84(e) of the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007f1, for “Community” substitute “retained EU law or Protocol”.

9Amendment to the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007

In regulation 22(1)(d) of the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007f1 for “Community” substitute “retained EU law or Protocol”.

10Amendment to the Avian Influenza (Preventative Measures) Regulations (Northern Ireland) 2007

In regulation 18(d) of the Avian Influenza (Preventative Measures) Regulations (Northern Ireland) 2007f1, for “Community” substitute “retained EU law or Protocol”.

11Amendment to the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

In regulation 24(d) of the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007f1, for “Community” substitute “retained EU law or Protocol”.

12Amendment to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

In regulation 22(d) of the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007f1, for “Community” substitute “retained EU law or Protocol”.

13Amendment to the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008

In Schedule 3 to the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008f1, for paragraph 1(b)(i) substitute—

“(i)

on its upper part the letters UK(NI);”.

14Amendment to the Swine Vesicular Disease Regulations (Northern Ireland) 2009

In regulation 37(5)(b) of the Swine Vesicular Disease Regulations (Northern Ireland) 2009f1, for “Community” substitute “retained EU law or Protocol”.

15Amendments to the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998

(1)

The Cattle Identification (No. 2) Regulations (Northern Ireland) 1998f1 are amended as follows.

(2)

In regulation 8—

(a)

in the heading, for “Intra-Community trade” substitute “Trade with the EU”;

(b)

in paragraph (1), for “intra-Community trade” substitute “trade with the EU”.

16Amendments to the Cattle Passport Regulations (Northern Ireland) 1999

(1)

The Cattle Passport Regulations (Northern Ireland) 1999f1 are amended as follows.

(2)

Omit regulation 2(3).

(3)

In regulation 2(4), for “intra- Community trade” substitute “trade with the EU”.

(4)

In regulations 3(1), (3), 5 and 6(1), for “another part of the European Community” substitute “Great Britain, the Isle of Man, any of the Channel Islands or a member State”.

(5)

In regulation 8, in the heading, for “other member States” substitute “a member State”.

17Amendment to the Pigs (Records, Identification and Movement) Order (Northern Ireland) 2012

In article 11 of the Pigs (Records, Identification and Movement) Order (Northern Ireland) 2012f1, for “intra- Community trade” substitute “trade with the EU”.

18Amendment to the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006

In regulation 24(1)(b) of the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006f1, for “Community” substitute “retained EU law or Protocol”.

19Amendments to the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014

(1)

The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014f1 are amended as follows.

(2)

In regulations 11 and 13, for “another member State” substitute “a member State”.

(3)

In regulation 38(2), for “other member States” substitute “member States”.

(4)

In Schedule 2, in paragraph 3(2), for “EU” substitute “retained EU law or Protocol”.

20Amendment to Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996

In regulation 2(1) of the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996f1, in the definition of “intra-Area trade”, omit “, other than the United Kingdom”.

21Amendment to the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015

In regulation 12(6) of the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015f1, for “another member State” substitute “a member State”.

22Amendments to the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019

(1)

The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019f1 are amended as follows.

(2)

In regulation 4, omit “other”.

(3)

In regulation 6(1)(a), for “another” substitute “a”.

23Amendment to the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012

In regulation 25(1)(a) of the Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012f1, for “in another” substitute “a”.

24

The Regulations mentioned in the Schedule are revoked to the extent specified in that Schedule.

Signature

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 11th December 2020

L.S.

Perpetua McNamee

A senior officer of the Department of Agriculture, Environment and Rural Affairs

REVOCATIONS

RegulationsReferenceExtent of Revocation
The Marketing of Bananas Regulations (Northern Ireland) 2019S.R. 2019 No.66Regulation 2(3).
The Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/76Regulation 2(3).
The Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/111Regulations 4(2), 5(4), 6(6), 7, 8(2), 8(4), 9(2)(a), 9(6), 10, 11, 12(3) and 13(4).
The Livestock (Records, Identification and Movement) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/157Regulations 3(3), 5(2)(a), 5(3), 5(4), 5(5), 5(6), 5(7), 5(8) and 7.
The Animal Health and Welfare (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/158Regulations 5, 6, 7(2), 7(3), 7(5) and 7(6).
The Official Controls (Animals, Feed and Food) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/272The whole.
The Animal By- Products and Transmissible Spongiform Encephalopathies (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/273Regulations 3, 4(2), 4(3), 4(5), 4(6)(b) to (d) and 4(7).
The Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/347Regulations 4(2)(b), 4(6), 4(7)(a)(i), 4(7)(b), 6(2), 6(4)(a), 7, 9, 10 and 11.
The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/581Regulation 2(2) to (14), 2(15)(a), 2(16) to (19) and the Schedule.
The Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/811Regulations 6(3)(b), 7(2), 9 and 12.
The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/962Regulation 5.
The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/1101Regulations 8, 9, 10(11)(c), 10(13) and 11(3).
The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No.2) Regulations 2019SI 2019/1313Regulations 2(a) and 4.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of powers conferred by section 11and 22 of, Parts 1 and 1C of Schedule 2 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 to ensure that Northern Ireland subordinate legislation relating to agriculture, animal health and welfare and aquaculture can continue to operate effectively after the EU exit transition period. The Statutory Rule will ensure Northern Ireland remains aligned with EU rules in these areas in accordance with the Protocol on Ireland/Northern Ireland.

These Regulations also revoke certain provisions contained in EU Exit Statutory Instruments that are no longer relevant.

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