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The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

S.R. 2020/353 · Made 23 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

Animal Health

Aquatic Animal Health

Medicines

Made 23rd 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, paragraph 1(1) of, Part 1 and paragraph 11M of Part 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: Animal Health
  4. 2Amendments to the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007
  5. 3Amendments to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007
  6. 4Amendment to the Scrapie (Fees) Regulations (Northern Ireland) 2008
  7. 5Amendments to the Aquatic Animal Health Regulations (Northern Ireland) 2009
  8. Part 3: Livestock Identification
  9. 6Amendments to the Cattle Identification (No.2) Regulations (Northern Ireland) 1998
  10. 7Amendment to the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009
  11. Part 4: Trade
  12. 8Amendments to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011
  13. Part 5: Transmissible Spongiform Encephalopathies
  14. 9Amendment to the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018
  15. Part 6: Veterinary Medicines
  16. 10Amendments to the Veterinary Medicines Regulations 2013
  17. Part 7: Revocation
  18. 11Revocation
  19. Signature
  20. Explanatory note

1Citation, commencement and interpretation

(1)

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

(2)

This regulation and regulation 11 come into operation immediately before IP completion day.

(3)

Regulations 2 to 10 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 Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

(1)

The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007f1 are amended as follows.

(2)

In regulation 13(2)—

(a)

in sub-paragraph (c)(i), for “UK” substitute “UK(NI)”;

(b)

omit sub-paragraph (c)(iii).

(3)

In the Schedule, in paragraph 2, in the mark and in sub-paragraph (a), for “UK” in each place it occurs, substitute “UK(NI)”.

3Amendments to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

In Schedule 1 to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007f1, in Part III, paragraph 2—

(a)

in sub-paragraph (1)(c)(i) for “UK” substitute “UK(NI)”;

(b)

omit sub-paragraph (1)(c)(iii);

(c)

in the identification mark and in paragraph (a) below it, for “UK” in each place it occurs, substitute “UK(NI)”.

4Amendment to the Scrapie (Fees) Regulations (Northern Ireland) 2008

In regulation 2(1) of the Scrapie (Fees) Regulations (Northern Ireland) 2008f1, in the definition of “the Community TSE Regulation”, for “2019/1091” substitute “2020/1593”.

5Amendments to the Aquatic Animal Health Regulations (Northern Ireland) 2009

(1)

The Aquatic Animal Health Regulations (Northern Ireland) 2009f1 are amended as follows.

(2)

In regulation 19(8)(b)(i) and 19(9)(a), after “from” insert “Northern Ireland, zone or compartment or”.

(3)

In regulation 25—

(i)

in paragraph (1), after “outside” insert “Northern Ireland or”;

(ii)

in paragraph (2), after “such animal into” insert “Northern Ireland or”;

(4)

In regulation 56(2) omit “Directive 2006/88,”.

6Amendments 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 2(1), omit the definition of “Council Directive 91/496/EEC”.

(3)

In regulation 9(1), for “Council Directive 91/496/EEC” substitute “Regulation (EU) 2017/625”.

7Amendment to the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009

In article 29(3)(a) of the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009f1, after “UK” insert “or the three digit code 826”.

8Amendments to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011

(1)

The Trade in Animal and Related Products Regulations (Northern Ireland) 2011f1 are amended as follows.

(2)

In regulation 2(1), for “the United Kingdom” substitute “Northern Ireland”.

(3)

In regulation 17, for “the United Kingdom” substitute “Northern Ireland”.

(4)

In regulation 18—

(a)

in the heading, for “the United Kingdom” substitute “Northern Ireland”;

(b)

in paragraph (1), for “the United Kingdom” substitute “Northern Ireland”;

(c)

in paragraph (3), for “the United Kingdom”, in each place it occurs, substitute “Northern Ireland”;

(d)

in paragraph (3A), for “the United Kingdom” substitute “Northern Ireland”.

(5)

In regulations 20(2), 22(1) and 29(1) for “the United Kingdom”, in each place it occurs, substitute “Northern Ireland”.

(6)

In Schedule 2, omit the entries in both columns relating to “Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries”.

(7)

In Schedule 4, paragraph 5, omit “or another part of the United Kingdom”.

9Amendment to the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018

In the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018f1, in Schedule 4, in paragraph 7(2)(b), before “be exported” insert “except as provided by sub- paragraph (3)”.

10Amendments to the Veterinary Medicines Regulations 2013

(1)

The Veterinary Medicines Regulations (Northern Ireland) 2013f1 are amended as follows.

(2)

In regulation 2(2), after the definition of “Regulation (EC) No 767/2009” insert—

““Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;”.

(3)

In regulation 8(a), for “the United Kingdom” substitute “Northern Ireland”.

(4)

In regulation 9(1), for “the United Kingdom” substitute “Northern Ireland”.

(5)

In regulation 25—

(a)

in paragraphs (5) and (6)(a), for “another” substitute “a”;

(b)

in paragraph (6)(b)(iii), for “the United Kingdom” substitute “Northern Ireland”;

(c)

after paragraph (8), insert—

“(9)

For the purpose of this regulation, references to import or importation of an unauthorised veterinary medicinal product include the movement of such a product from Great Britain to Northern Ireland.”.

(6)

For regulation 26(4) substitute—

“(4)

A veterinary surgeon who practices in Northern Ireland and a member State may hold veterinary medicinal products authorised in the member State provided that the amount held does not exceed the amount expected to be used in that member State.”.

(7)

In regulation 31(1), for “member State”, in each place it occurs, substitute “country”.

(8)

In regulation 34—

(a)

in paragraph (5), omit sub-paragraph (b) and the word “and” immediately before it;

(b)

in paragraph (10), for “another” substitute “a”;

(c)

for paragraph (11), substitute—

“(11)

In this regulation, a reference to justice of the peace is a reference to a lay magistrate.”.

(9)

In regulation 39—

(a)

in paragraph (1), after “magistrates’ court” omit “or, in Scotland, to the sheriff”;

(b)

omit paragraph (3).

(10)

In regulation 41—

(a)

in paragraph (6), after “magistrates’ court” omit “(or in Scotland, the sheriff court)”;

(b)

omit paragraph (8).

(11)

For regulation 45(3)(c), substitute—

“(c)

Regulation (EU) 2017/625; and”

(12)

In regulation 46—

(a)

in paragraph (2), omit “other”;

(b)

for paragraph (3)(f), substitute—

“(f)

Regulation (EU) 2017/625;”.

(13)

In Schedule 1—

(a)

in the heading, after “Marketing Authorisations” insert “in Northern Ireland”;

(b)

in Part 1, in paragraph 2(3)(n)(i), for “another” substitute “a” and omit “other”;

(c)

in Part 2, paragraph 10(6)—

(i)

for “another” substitute “a”;

(ii)

for “the United Kingdom”, in each place it occurs, substitute “Northern Ireland”;

(d)

in paragraph 13—

(i)

in sub-paragraph (1), for “another” substitute “a”;

(ii)

in sub-paragraphs (1), (2), (3), (6) and (7), for “the United Kingdom” substitute “Northern Ireland”;

(e)

in paragraph 16, for “another” substitute “a”;

(f)

in Part 3—

(i)

in paragraph 18, after “established in” insert “the United Kingdom or”;

(ii)

in paragraph 20, for “another” substitute “a”;

(iii)

in paragraph 29(1)(b) and (3), in each place it occurs, for “another” substitute “a”;

(iv)

in paragraph 31(1) and (2), in each place it occurs, for “the United Kingdom” substitute “Northern Ireland”;

(v)

in paragraph 32(8) and (9), in each place it occurs, for “the United Kingdom” substitute “Northern Ireland”;

(g)

in Part 5—

(i)

paragraph 39(3)(b), for “the United Kingdom” substitute “Northern Ireland” and omit “other”;

(ii)

in paragraph 41(3), for “another” substitute “a”;

(h)

in Part 6—

(i)

in paragraph 42—

(aa)

in the heading and sub- paragraph (1), for “another” substitute “a”;

(bb)

in sub-paragraph (1), for “the United Kingdom” substitute “Northern Ireland”;

(ii)

in paragraph 43—

(aa)

in the heading, for “another” substitute “a”;

(bb)

in sub-paragraph (1), for “another” substitute “a”;

(i)

in Part 7, in paragraph 46—

(i)

for “UK” substitute “UK(NI)”;

(ii)

for “the United Kingdom” substitute “Northern Ireland”;

(j)

in Part 8—

(i)

in paragraph 55, after “a member State” insert “or the United Kingdom”.

(ii)

in paragraph 57, in the heading and in sub-paragraph (1), for “the United Kingdom” substitute “Northern Ireland”;

(iii)

in paragraph 58—

(aa)

in sub-paragraph (1), for “the United Kingdom” substitute “Northern Ireland”;

(bb)

in sub-paragraph (4), omit “other”;

(iv)

in paragraph 59(2) and (3), in each place where it occurs, for “the United Kingdom” substitute “Northern Ireland”;

(v)

in paragraph 61—

(aa)

in sub-paragraph (1), for “another” substitute “a” and omit “other”;

(bb)

in sub-paragraph (2), omit “other”;

(k)

in Part 9, in paragraph 64(4), for “another” substitute “a”.

(14)

In Schedule 4—

(a)

in paragraph 1, in each place it occurs, for “United Kingdom” substitute “Northern Ireland”;

(b)

in paragraph 5, for “the United Kingdom” substitute “Northern Ireland”;

(c)

in paragraph 6—

(i)

in the heading, omit “other”;

(ii)

in sub-paragraph (1), for “another” substitute “a”;

(iii)

in sub-paragraphs (1), 1(d) and 3(b) for “the United Kingdom”, in each place it occurs, substitute “Northern Ireland”.

(iv)

for sub-paragraph (3)(a), substitute—

“(a)

ensure that the withdrawal period specified on the label of the product is complied with, or the Northern Ireland withdrawal period for the equivalent product authorised in Northern Ireland if this is longer than the one on the label; and”.

(15)

In Schedule 5—

(a)

in the Contents, in item 4, for “Regulation (EC) No 882/2004” substitute “Regulation (EU) 2017/625”;

(b)

for paragraph 4, and the heading substitute—

“Enforcement of Regulation (EU) 2017/625

4.

For the purposes of Regulation (EU) 2017/625 the competent authority is the Secretary of State.”

(c)

in paragraph 28—

(i)

in the heading, for “between” substitute “with”;

(ii)

for “another” substitute “a”;

(iii)

in sub-paragraph (b), for “the United Kingdom” substitute “Northern Ireland”;

(d)

in paragraph 29—

(i)

in sub-paragraph (1), for “another” substitute “a”;

(ii)

in sub-paragraph (2), for “the United Kingdom” substitute “Northern Ireland”.

(16)

In Schedule 6, in paragraph (3)(b), for “another” substitute “a”.

11Revocation

In the Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019f1, regulation 9(2)(b) is revoked.

Signature

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 23rd December 2020.

L.S.

Perpetua McNamee

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

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of powers conferred by sections 11 and 22 of, paragraph 1(1) of, Part 1 and paragraph 11M of Part 1C of Schedule 2 and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018. They ensure that Northern Ireland secondary legislation relating to animal (including aquatic) health, identification, trade and veterinary medicines can continue to operate effectively after the EU exit transition period and remains aligned with the EU law in accordance with the Protocol on Ireland/Northern Ireland.

These Regulations also revoke a provision contained in the Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 which is no longer required.

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