Statutory Instruments
2019 No. 591
Exiting The European Union
Animals
The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019
Made
14th March 2019
Coming into force in accordance with regulation 1
M1 The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1 Introductory
Citation and commencement I1
1. These Regulations may be cited as the Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2 Amendments to Commission Implementing Regulation (EU) No 2015/262
Amendments to Commission Implementing Regulation (EU) No 2015/262 I2
2. Commission Implementing Regulation (EU) No 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) is amended as follows.
Amendments to Article 1 I3
[F13. In Article 1(1)—
(a) in point (a), for “the Union” substitute “Great Britain”;
(b) in point (b), for the words from “the Union” to the end substitute “Great Britain.”. F1]
Amendments to Article 2 I4
4. In Article 2—
(a) for point (e)(i) (together with the following “or”) substitute—
“ (i) entered or registered and eligible for entry in a studbook, in accordance with the rules laid down by Articles 4(3), 19(4), 30(9) and (10), 32, 33 and 34(1)(c) of, and Annex 1, Part 1 of Annex 2 and Annex 5 to—
— in relation to the United Kingdom, Regulation 2016/1012 of the European Parliament and of the Council”,
— in relation to member States, Regulation (EU) 2016/1012 of the European Parliament and of the Council M2 as it has effect in EU law, as amended from time to time,
and identified by means of an identification document issued by a competent authority, or ” ;
(b) in point (f)(i)—
(i) after “recognised”, insert “ [F2 by the appropriate authority, by the zootechnical authority in Northern Ireland or F2] ” ;
(ii) after “agency of”, insert “ the United Kingdom or of ” ;
(c) in point (h), for the words from “either” to the end substitute “to the slaughterhouse for slaughter, either directly or through an approved marshalling centre, referred to in—
(i) Article 2(b) of Council Regulation 1/2005/EC, or
(ii) M3 in relation to intended slaughter in a member State[F3 or in Northern Ireland F3] , Council Regulation 1/2005/EC, as that Regulation has effect in EU law, as amended from time to time ;”;
(d) for point (i) substitute—
“ (i) ‘competent authority’ means—
(i) in [F4 Great Britain F4] , the appropriate authority or any other authority to which the competence of that authority has been conferred, including an official veterinarian;
(ii) in a member State, the central authority of the member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC , as amended from time to time (‘the EU Directive’) M4 ;
[F5 (iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including the competent authority referred to in point (h) of the EU Directive; ” F5] ;
(e) for point (j) substitute—
“ (j) ‘zootechnical authority’ means—
(i) in [F6 Great Britain F6] , the appropriate authority or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;
(ii) in a member State, the central authority competent for the implementation of Council Directive 90/427/EEC M5 , as amended from time to time, or any authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Commission Decision 92/353/EEC , as that Decision has effect in EU law, as amended from time to time M6 ;
[F7 (iii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book; ” F7] ;
(f) for point (k) substitute—
“ (k) ‘temporary admission’ means the status of a registered horse coming from a third country and admitted into [F8 Great Britain F8] for a period of days pursuant to—
(i) Article 3(1)(a) of Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;
(ii) a Decision adopted in accordance with Article 19(b) of the EU Directive; ” ;
[F9 (g) omit point (l); F9]
[F10 (ga) omit point (p); F10]
(h) in point (r), after “designated by” insert “ a competent authority of the United Kingdom, ” ;
[F11 (i) in point (t)—
(i) after “means the”, insert “veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013 or, in Northern Ireland or a member State, the”;
(ii) after “ Directive 2001/82/EC ”, insert “as that Directive has effect in EU law, as amended from time to time”; F11]
(j) after point (t) , insert—
“ (u) ‘third country’ means a country other than [F12 the British Islands or F12] a member State;
(v) ‘constituent territory of the United Kingdom free of African horse sickness’ means a constituent territory of the United Kingdom in which—
(i) there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years, and
(ii) there have been no vaccinations against that disease during the previous 12 months;
(w) ‘constituent territory of the United Kingdom’ means England, Wales, Scotland, or Northern Ireland;
[F13 (wa) ‘constituent territory of Great Britain’ means England, Wales or Scotland; F13]
(x) ‘appropriate authority’ means—
(i) in relation to England, the Secretary of State;
(ii) in relation to Scotland, the Scottish Ministers;
(iii) in relation to Wales, the Welsh Ministers;
F14 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(y) ‘the EU Regulation’ means Commission Implementing Regulation (EU) 2015/262 M7 , as that Regulation has effect in EU law, as amended from time to time. ” .
Amendments to Article 3 I5
5. In Article 3—
(a) in paragraph 1, for the words from “one of” to “882/2004” substitute “ [F15 Great Britain F15] ” ;
(b) omit paragraph 3;
[F16 (c) in paragraph 4—
(i) for “Member States” substitute “The appropriate authority”;
(ii) for “ (EC) No 882/2004 ” substitute “(EU) 2017/625”. F16]
Amendments to Article 4 I6
6. —(1) In Article 4—
[F17 (a) in the heading—
(i) omit “Union”;
(ii) at the end, insert “in Great Britain”; F17]
[F18 (ab) in paragraph 1, in the text before point (a)—
(i) omit “Union”;
(ii) after “system for the identification of equidae” insert “in Great Britain”; F18]
(b) in paragraph 2—
(i) in point (a)—
(aa) for points (i) and (ii) substitute—
“ (i) Article 9 of this Regulation or of the EU Regulation, for equidae born in the United Kingdom or the Union; or
(ii) Article 14 of this Regulation or of the EU Regulation, for equidae imported into the United Kingdom or the Union; ” ;
(bb) in point (iii), after “30” insert “ of this Regulation or of the EU Regulation, ” ;
(cc) in point (iv), after “Article 32” insert “ of this Regulation or of the EU Regulation, ” ;
(ii) in point (b)—
(aa) in point (i), after “Article 24” insert “ of this Regulation or of the EU Regulation ” ;
(bb) in point (ii), after “Article 26(2)” insert “ of the EU Regulation ” .
Amendments to Chapter 2 I7
[F197. In the title of Chapter 2, for “the Union” substitute “Great Britain”. F19]
Amendments to Article 5 I8
8. In Article 5—
[F20 (a) in the heading, for “the Union” substitute “Great Britain”; F20]
(b) in paragraph 1—
(i) for point (a) substitute—
“ (a) for registered equidae (referred to in point of Article 2(e)(i))—
(i) by an organisation or association officially approved or recognised in accordance with Article [F21 4(3) of Regulation (EU) 2016/1012F21] , as [F22 it F22] has effect in EU law, as amended from time to time,
(ii) by an official agency in a member State,
(iii) by an organisation or association officially approved or recognised in accordance with Article [F21 4(3) of Regulation (EU) 2016/1012F21] ,
(iv) by an official agency in the United Kingdom,
which manages the studbook in which the equine animal has been entered or has been registered and is eligible for entry; ” ;
(c) in point (b), after “Member State” insert “ or constituent territory of the United Kingdom ” .
Amendments to Article 6 I9
9. In Article 6—
(a) in paragraph 1—
(i) for “Member States”, in the first place where it occurs substitute “ The appropriate authority ” ;
(ii) omit “the other”, in the first place where it occurs;
[F23 (iii) after “Member States,” in the second place where it occurs, insert “the competent authority for Northern Ireland,”; F23]
(b) in paragraph 2(c), omit the words from the beginning to “and”;
(c) for paragraph 3 substitute—
“ 3. The appropriate authority must make the information in the list provided for in paragraph 1 available on a website which must be directly accessible to member States, [F24 the competent authority for Northern Ireland, F24] the public and issuing bodies. ” .
Amendments to Article 7 I10
[F2510. In Article 7, in the heading and in paragraph 1, for “the Union” substitute “Great Britain”. F25]
Amendment to Article 8 I11
[F2611. In the heading to Article 8, for “the Union” substitute “Great Britain”. F26]
Amendments to Article 9 I12
12. In Article 9—
[F27 (a) in the heading, for “the Union” substitute “Great Britain”; F27]
(b) in paragraph 2, for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ” .
[F28 (c) in paragraph 3(b), for “2 or 3 of Decision 96/78/EC ” substitute “15 of Regulation (EU) 2016/1012”. F28]
Amendments to Article 10 I13
13. In Article 10—
(a) in paragraph 1(a), omit the words from “, or an equivalent” to the end;
(b) in paragraph 3(b), omit the words from “or an authorised” to the end.
Amendments to Article 11 I14
14. In Article 11—
[F29 (a) in the heading, for “the Union” substitute “Great Britain”; F29]
(b) for paragraph 1 substitute—
“ 1. Keepers must submit an application for identification documents for equidae born in [F30 Great Britain F30] to the appropriate issuing body in [F30 Great Britain F30] , and must provide all information necessary to comply with this Regulation. ” ;
(c) in paragraph 2—
(i) for “Member States”, substitute “ The competent authority ” ;
(ii) omit “and Article 13(1)”;
[F31 (d) in paragraph 3—
(i) omit “and in accordance with Article 1 of Decision 96/78/EC ”;
(ii) for the words from “other than” to the end substitute “or in Northern Ireland, rather than in Great Britain”. F31]
Amendments to Article 12 I15
15. In Article 12—
[F32 (a) in the heading, for “the Union” substitute “Great Britain”; F32]
(b) in paragraph 1—
[F33 (i) for “the Union” substitute “Great Britain”; F33]
(ii) omit “or in accordance with Article 26(2)”;
(c) omit paragraph 2;
(d) in paragraph 3—
(i) in the words before point (a), for “paragraphs 1 and 2” substitute “ paragraph 1 ” ;
(ii) in point (b), for “Article 5(1)(a)” substitute “ Article 5(1)(a)(iii) and (iv) ” .
Omission of Article 13 I16
16. Omit Article 13.
Amendment to Chapter 3 I17
[F3417. In the heading of Chapter 3, for “the Union” substitute “Great Britain from a third country”. F34]
Amendments to Article 14 I18
18. In Article 14—
[F35 (a) for “the Union” substitute “Great Britain from a third country”; F35]
(b) for point (a)(i) substitute—
“ (i) in the case of registered equidae, by a body in a third country, included in the list provided for in—
— Article 34 of Regulation 2016/1012 of the European Parliament and of the Council, as it has effect in the EU law, as amended from time to time;
— Annex 1 to Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae; ” .
Amendments to Article 15 I19
19. In Article 15—
[F36 (a) in the heading, for “the Union” substitute “Great Britain from a third country”; F36]
(b) in paragraph 1—
(i) in the words before point (a)—
(aa) for “Article 5(1)” substitute “ Article 5(1)(a)(iii) and (iv) and (b) ” ;
(bb) for “Article 5(16)(a) of Regulation (EU) No 952/2013” substitute “ section 3(3) of the Taxation (Cross-Border Trade) Act 2018 ” ;
[F37 (ii) in point (a), for “the Union” substitute “Great Britain from a third country”; F37]
[F38 (iii) in point (b)—
(aa) after “admission of a registered horse” insert “from a third country”;
(bb) for the words from “a Decision” to the end substitute “the procedure referred to in Article 19 of Regulation 2018/659;”; F38]
(c) in paragraph 3, for “Directive 90/427/EEC ” substitute “ this Regulation ” .
Insertion of new Article 15A
20. After Article 15, insert—
“ Article 15A Identification of equidae for purposes of travel to the European Union [F39 or Northern Ireland F39]I20
1. On an application made in accordance with paragraph 3, the competent authority may issue an EU travel identification document for the purposes of exporting an equine animal from [F40 Great Britain to the Union, or for the purposes of moving an equine animal from Great Britain to Northern Ireland, whether or not for a temporary period F40] .
2. An EU travel identification document may be issued where—
(a) the equine animal does not fall within the categories referred to in Article 14(a)(i) or (ii);
(b) at the date of the application, the equine animal is identified by a valid single identification document in accordance with Article 9, 14, 29, 30 or 32, and
(c) that identification document was issued by an issuing body referred to in Article 5(1)(c)(ii).
3. An application to the competent authority for an EU travel identification document must be—
(a) made by the owner or keeper of the equine animal, and
(b) accompanied by the identification document referred to in paragraph 2(b). ” .
Amendment to Article 16 I21
21. In Article 16(1)(a), after “issued”, insert “ (by an issuing body either in the United Kingdom or in a member State) ” .
Amendments to Article 17 I22
22. In Article 17—
(a) in paragraph 1(b) and (c) and 2, after “Article 21”, insert “ of the EU Regulation ” ;
(b) in paragraph 3, after “Union”, insert “ or the United Kingdom ” .
[F41 (c) omit paragraph 4. F41]
Amendments to Article 18 I23
23. In Article 18—
(a) for paragraph 3 substitute—
“ 3. The minimum qualification required for the intervention provided for in paragraph 2 is that the person implanting the transponder into the equine animal is a current and registered member of the Royal College of Veterinary Surgeons or of an equivalent professional body in a member State. ” ;
(b) in paragraphs 4 and 5(b), after “Article 21”, insert “ of the EU Regulation ” .
Amendments to Article 19 I24
24. In Article 19—
(a) in paragraph 1, for “Member States” substitute “ The appropriate authority ” ;
(b) for paragraph 2 substitute—
“ 2. The rules laid down in accordance with paragraph 1 must not compromise the system of identification for registered equine animals laid down (in accordance with Article 19(1) of the EU Regulation, by issuing bodies in member States [F42 or in Northern Ireland F42] ). ” .
Omission of Article 21 I25
25. Omit Article 21.
Amendment to Article 22 I26
26. In Article 22(1)(a), after “Article 21” insert “ of the EU Regulation ” .
Amendment to Article 23 I27
27. In Article 23(2)(b)(i), for “a Member State” substitute “ [F43 Great Britain F43] ” .
Amendments to Article 24 I28
28. In Article 24—
(a) in paragraph 1, for “the same Member State” substitute “ [F44 Great Britain F44] ” ;
[F45 (b) omit paragraph 3. F45]
Amendments to Article 25 I29
29. In Article 25—
(a) in paragraph 1, for “the same Member State” substitute “ [F46 Great Britain F46] ” ;
(b) for paragraph 2 substitute—
“ 2. Paragraph 1 also applies in relation to the transportation of registered equidae or equidae for breeding and production within [F47 Great Britain F47] in circumstances where those equidae have entered [F47 Great Britain F47] from a member State [F48 or from Northern Ireland F48] . ” .
Amendments to Article 26 I30
30. In Article 26—
(a) after paragraph 1, insert—
“ 1A. Where an EU travel identification document has been issued in accordance with Article 15A in respect of an equine animal, in addition to the document specified in paragraph 1(b) or (c), the EU travel identification document must also accompany that animal while it is being moved or transported to the slaughterhouse. ” ;
(b) omit paragraphs 2 and 3.
Amendments to Article 27 I31
31. In Article 27—
(a) in paragraph 1—
(i) in point (b), omit the words from “or mark” to the end of point (b);
(ii) in point (d), for the words from “, where required” to the end substitute “ of the equine animal; ” ;
(b) in paragraph 2—
(i) in the words before point (a), for “Member State” substitute “ constituent territory of [F49 Great Britain F49] ” ;
(ii) in point (a), for “Member State where the holding is located” substitute “ United Kingdom ” ;
[F50 (iii) in point (b), in the words before point (i), for the words from “the Member State where” to “Member” substitute “Great Britain from a member”; F50]
[F51 (iv) in points (b)(ii) and (iii), for “the Member State” substitute “Great Britain”; F51]
(c) in paragraph 3—
[F52 (i) in point (a)(ii)—
(aa) for “ Decision 92/353/EEC ” substitute “Article 4(3) of Regulation (EU) 2016/1012”;
(bb) for the words from “Member State” to “located” substitute “United Kingdom”;
(cc) for “ Decision 96/78/EC ” substitute “Annex II of Regulation (EU) 2016/1012”; F52]
(ii) for point (c) substitute—
“ (c) with the competent authority of the constituent territory where the holding of the equine animal is located or with any of the issuing bodies designated in accordance with this Regulation by that competent authority. ” .
Amendment to Article 28 I32
32. In Article 28(c), omit the words from “, where the change of ownership is required” to the end.
Amendments to Article 29 I33
33. In Article 29—
(a) in paragraph 1—
(i) in the words before point (a), for “Article 5(1)” substitute “ Article 5(1)(a)(iii) or (iv), (b) or (c) ” ;
(ii) in point (a), after “Article 21” insert “ of the EU Regulation ” ;
(b) in paragraph 2—
(i) in the words before point (a), for “in Article 5(1)” substitute “ in that paragraph ” ;
(ii) in point (a), omit the words from “or an authorised” to the end;
(c) in paragraph 4—
(i) for “Article 5(1)”, in the first place where it occurs, substitute “ paragraph 1 ” ;
(ii) for the words from “Article 5(1)”, in the second place it occurs, to the end substitute “ paragraph 1 in the constituent territory of [F53 Great Britain F53] where the holding of the equine animal is located. ” .
Amendments to Article 30 I34
34. In Article 30—
[F54 (a) in the heading, for “the Union” substitute “Great Britain”; F54]
(b) in point (b), for “Member State”, in both places it occurs, substitute “ constituent territory of [F55 Great Britain F55] ” .
[F56 Amendments to Article 31 I35
34A. In Article 31(1), omit point (b). F56]
Amendments to Article 32 I36
35. In Article 32—
(a) in paragraph 1, in the words before point (a) and in point (a)(ii), for “Article 5(1)” substitute “ Article 5(1)(a)(iii) or (iv), (b) or (c) ” ;
(b) in paragraph 2(a), omit the words from “or apply” to the end.
Amendments to Article 33 I37
36. In Article 33—
(a) the existing paragraph becomes paragraph 1;
(b) in that paragraph—
[F57 (i) for point (a) substitute “referred to in paragraph 1A;”; F57]
(ii) for point (b) substitute—
“ (b) situated in—
[F58 (i) a country or region that is not free from African horse sickness; F58]
(ii) a constituent territory of [F59 Great Britain F59] that is not free of African horse sickness. ” ;
(c) after point (b), insert—
F60 “ (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F61 (c) F61] subject to an order under section 1 of the Animal Health Act 1981M8 preventing the introduction into or spreading of disease within Great Britain or any of the constituent territories of [F62 Great Britain F62]F63 ....
[F64 1A. The holdings referred to in paragraph 1(a) are those where:
(a) equidae suspected of having contracted dourine are or have been located, unless it has been at least six months since the last actual or possible contact with a sick animal. This paragraph does not apply where the animal referred to in paragraph 1 has been castrated;
(b) equidae suffering from glanders or equine encephalomyelitis are or have been located, unless it has been at least six months since the day on which the equidae suffering from the disease in question was slaughtered;
(c) animals suffering from infectious anaemia are or have been located, unless the infected animals have been slaughtered and the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;
(d) cases of vesicular stomatitis have been recorded, unless it has been at least six months since the last recorded case;
(e) cases of rabies have been reported, unless it has been at least one month since the last recorded case;
(f) cases of anthrax have been reported, unless it has been at least 15 days since the last recorded case.
1B. If all the animals of a species susceptible to the disease located on the holding referred to in paragraph 1A have been slaughtered and the premises disinfected, the period referred to in paragraphs 1A(a) to (e) shall be 30 days, beginning on the day on which the animals were destroyed and the premises disinfected. F64]
2. For the purposes of paragraph 1(b) F65 ..., a constituent territory of the United Kingdom is not free of African horse sickness if—
(a) clinical, serological (in unvaccinated animals) or epidemiological evidence has revealed the presence of African horse sickness in that [F66 country, region or constituent territory F66] in the past two years;
(b) vaccination against African horse sickness has been carried out in that [F66 country, region or constituent territory F66] in the past 12 months. ” .
Amendment to Article 34 I38
37. In Article 34—
(a) in paragraph 1(c)(i) and (ii), for the words from “or through” to “Article 36(2)” substitute “ or, where the issuing body is in a member State, either directly or through the contact point referred to in Article 36(2) of the EU Regulation ” ;
(b) in paragraph 2(a)—
(i) in point (i), for “the second subparagraph of Article 4(4)(a) of Directive 2009/156/EC ” substitute “ animal health legislation in force in the constituent territory of [F67 Great Britain F67] ” ;
(ii) in point (ii), for “in accordance with Article 7(3) of Directive 2009/156/EC ” substitute “ must record the identification number or identification document number of the slaughtered animal and, if requested to do so by the competent authority of the constituent territory of [F68 Great Britain F68] where the animal was slaughtered, must forward to that competent authority an attestation to the effect that the animal has been slaughtered ” .
Amendments to Article 36 I39
38. —(1) In Article 36—
(a) in the heading, omit “Obligations of Member States to ensure”;
(b) for paragraphs 1 to 3 substitute—
“ 1. A competent authority of a constituent territory of [F69 Great Britain F69] may issue guidance on procedure and time limits for returning the invalidated identification document to the issuing body in accordance with Article 34(1)(c)(ii).
2. The contact point for receiving the attestation of destruction of the identification document referred to in Article 34(1)(c)(i) of the EU Regulation, or the identification documents referred to in Article 34(1)(c)(ii) of the EU Regulation, is—
(a) in England [F70 and Wales F70] , the Food Standards Agency M9 ;
(b) in Scotland, Food Standards Scotland M10 .
3. The appropriate authority must make details of the contact point referred to in paragraph 2 available to member States [F71 , the competent authority in Northern Ireland F71] and to the public on the website referred to in Article 6(1). ” .
Amendments to Article 37 I40
39. In Article 37—
(a) in paragraph 1(b), for “Article 10(2) of Directive 2001/82/EC ” substitute “ regulation 8(b) of, and Schedule 4 to, the 2013 Regulations ” .
(b) in paragraph 2, in the words before point (a), for the words from “in accordance”, in the first place it occurs, to “2001/82/EC” substitute “ with a medicinal product administered in accordance with a provision specified in paragraph 3A, the veterinarian responsible for treating the equine animal ” ;
(c) in paragraph 3, in the words before point (a), for the words from “as referred” to “Article 10(2) of Directive 2001/82/EC ” substitute “ for treating the equine animal in accordance with regulation 8(b) of, and Schedule 4 to, the 2013 Regulations shall ensure that ” ;
(d) after paragraph 3 insert—
“ 3A. The provisions specified in this paragraph are—
(a) regulation 8(b) of, and Schedule 4 to, the 2013 Regulations;
(b) Commission Regulation (EU) 1950/2006. ” ;
(e) in paragraph 4, for “Member State” substitute “ constituent territory of [F72 Great Britain F72] ” ;
(f) omit paragraph 5;
(g) in paragraph 6, for “Article 10(3) of Directive 2001/82/EC ” substitute “ Schedule 4 to the 2013 Regulations ” ;
(h) after paragraph 6 insert—
“ 7. In this Article, ‘the 2013 Regulations’ means the Veterinary Medicines Regulations 2013. ” .
Amendment to Article 38 I41
40. In Article 38—
(a) in paragraph 3,
[F73 (i) F73] in the words before point (a), for “Member State” substitute “ constituent territory of the United Kingdom or in the member State ” ;
[F74 (i) in point (a), after “with Article 5(1);” insert “and”;
(ii) in point (b), at the end insert “, if different”; F74]
(b) after paragraph 3 insert—
“ 4. Where an EU travel identification document has been issued in respect of an equine animal, the competent authority issuing the document must communicate the information specified in paragraph 1, and the fact that an EU travel identification document has been issued, to the central database for the appropriate constituent territory of [F75 Great Britain F75] , established in accordance with Article 39. ” .
Amendments to Article 39 I42
41. In Article 39—
(a) in paragraph 1, for “Member States” substitute “ The appropriate authority ” ;
(b) in paragraph 2—
(i) in the words before point (a), for “those Member States that have” substitute “ a constituent territory of [F76 Great Britain F76] which has ” ;
(ii) in point (a), for “accordance with Article 40” substitute “ the other constituent territories of the United Kingdom and in member States ” ;
(c) for paragraph 3 substitute—
“ 3. The appropriate authority must make the name, address and contact details of the central database of a constituent territory available to member States, the other constituent territories of the United Kingdom and to the public. ” .
Amendments to Article 40 I43
42. In Article 40—
(a) in paragraph 1, for “Each Member State” substitute “ The appropriate authority ” ;
(b) in paragraph 2—
(i) in the words before point (a), for the words from “Member States” to “89/608/EC” substitute “ The appropriate authority shall ensure cooperation with member States and with the other constituent territories of the United Kingdom in the operation of the territory's central database ” ;
(ii) in point (a), for “Member State” substitute “ member State or the constituent territory of the United Kingdom ” ;
(iii) in point (b), for “other Member States” substitute “ member States and of the other constituent territories of the United Kingdom ” .
Omission of Article 41 I44
43. Omit Article 41.
Amendment of Article 42 I45
44. In Article 42—
(a) for the heading, substitute “ References to repealed Regulation ” ;
(b) omit the first paragraph;
(c) in the second paragraph, for “the repealed Regulation” substitute “ Regulation (EC) No 504/2008 ” .
Amendments to Article 43 I46
45. In Article 43—
[F77 (a) in paragraph 2, for “the Union or imported into the Union” substitute “Great Britain or imported into Great Britain”; F77]
(b) omit paragraphs 3 and 4.
Revocation of final provision I47
46. After Article 44, omit the words from “This Regulation” to “all Member States”.
Amendments to Annex 1 I48
47. —(1) Annex 1 is amended as follows.
(2) In Part 1—
(a) omit the French text;
(b) in paragraph 1, for the words from “in French” to the end substitute “ in English, and may also contain other languages ” ;
(c) in paragraph 2(3), for “the second subparagraph of Article 4(4)(a) of Directive 2009/156/EC ” substitute “ animal health legislation in force in the constituent territory of [F78 Great Britain F78] ” ;
(d) in paragraph 3(10), for “on the territory of a Member State” substitute “ within [F79 Great Britain F79] ” ;
(e) in section 2—
(i) in Part 2, for the words from “Article 6(3)” to “Article 10(2) of that Directive” substitute “ regulation 8 of, and Schedule 4 to, the Veterinary Medicines Regulations 2013 or authorised in accordance with Commission Regulation 122/2013 ” ;
(ii) in Part 3, for the sentence beginning “Without prejudice” substitute—
“ Without prejudice to any other food or product safety legislation in effect in [F80 Great Britain F80] , the equine animal may be subject to treatment in accordance with Commission Regulation 122/2013 with the condition that the equine animal so treated may only be slaughtered for human consumption after the end of the general withdrawal period of 6 months following the date of last administration of a substance listed in Commission Regulation 122/2013. ” ;
(iii) in the table headed “medication record”, in the first and third columns, in the first paragraph, for “Article 10(3) of Directive 2001/82/EC ” substitute “ Commission Regulation 122/2013 ” ;
[F81 (ea) in section 3, in the heading, omit “in accordance with Article 4(4)(a) of Directive 2009/156/EC ”; F81]
(f) in section 10—
(i) in the heading, “Basic health conditions”, omit “(Article 4(4)(a) of Directive 2009/156/EC )”;
(ii) in the second heading, for “not valid to enter the European Union” substitute “ [F82 only valid to enter Great Britain from a member State or Northern Ireland F82] ” ;
(iii) in the first paragraph, in the words before point (a), for “on the territory” to “Union” substitute “ [F83 from a member State or Northern Ireland to the territory of Great Britain F83] ” .
PART 3 Amendments to Commission Decisions
Amendments to Commission Decision 92/216/EEC
48. —(1) Commission Decision 92/216/EEC on the collection of data concerning competitions for equidae as referred to in Article 4(2) of Council Directive 90/428/EEC is amended as follows.
(2) For Article 1, substitute—
“ Article 1 I49
1. The competent authority of each constituent territory of the United Kingdom must appoint a coordinating authority responsible for collecting the data concerning—
(a) competitions reserved for equidae registered in a specific studbook for the purpose of permitting the improvement of the breed;
(b) regional competitions with a view to selecting equidae;
(c) historic or traditional events.
[F84 (d) the criteria for the distribution of funds for the safeguard, development and improvement of breeding which have been reserved from the prize money or profits of competitions. F84]
F85 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ” .
(3) Omit Article 2.
Prospective
Amendments to Commission Decision 92/353/EEC
F8649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prospective
Amendments to Commission Decision 92/354/EEC
F8750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4 Amendments to the EEA agreement
Amendments to the Annex to the EEA Agreement I50
51. In Annex 1 to the EEA agreement (veterinary and phytosanitary matters), in Chapter 1 (veterinary issues), omit the words from “The provisions of” to the end of the second paragraph of point (c) in the following provisions——
(a) Part 2 (zootechnics), section 2.2 (application texts), point 33;
(b) Part 4 (animal health: exchange and placing on the market of live animals), section 4.2 (application texts), point 85.
Gardiner of Kimble
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs