The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019
| Jurisdiction | Wales |
| Citation | SI 2019/371 (W92) |
2019 No. 371 (W. 92)
Exiting The European Union, Wales
Animals, Wales
The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019
Made 25th February 2019
Laid before the National Assembly for Wales 27th February 2019
Coming into force in accordance with regulation 1(2)
The Welsh Ministers, in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 20181, make the following Regulations.
The requirements of paragraph 4(2) of Schedule 7 to that Act (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.
Title, commencement and application
1.—(1) The title of these Regulations is the Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.
(2) These Regulations come into force on exit day.
(3) These Regulations apply in relation to Wales.
The Foot and Mouth Disease (Wales) Order 2006
2. In the Foot and Mouth Disease (Wales) Order 20062, in paragraph 7 of Schedule 7, for “another member State” substitute “a member State, Norway, Iceland or Liechtenstein”.
The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006
3.—(1) The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 20063are amended as follows.
(2) In regulation 9, after paragraph (3) insert—
“4 For the purposes of paragraph (1)(c), point 3.2 of Annex X of Council Directive 2003/85/ECis to be read as if—
(a) the reference to “Member States” were a reference to “the Welsh Ministers”;
(b) Article 2(u) of Directive 2001/89/ECas it applies to point 3.2 were modified so that—
(i) for the words “region, as defined in Article 2(2)(p) of Council Directive 64/432/EEC”, there were substituted “county or county borough in Wales”;
(ii) for “such a region” there were substituted “such a county or county borough”.”
(3) In regulation 27—
(a)
(a) for “intra-Community trade” substitute “trade with a member State, Norway, Iceland or Liechtenstein”;
(b)
(b) the heading to that regulation becomes “Trade in vaccinated animals”.
(4) In regulation 35(2)(a), for “EU obligations” substitute “retained EU law”.
The Avian Influenza (Preventive Measures) (Wales) Regulations 2006
4.—(1) The Avian Influenza (Preventive Measures) (Wales) Regulations 20064are amended as follows.
(2) In regulation 9(5), for the words from “by the European Commission” to the end, substitute “in accordance with Article 56(2) of Council Directive 2005/94/ECon Community measures for the control of avian influenza and repealing Directive 92/40/EECas read with Article 5 of Commission Decision 2007/598 concerning measures to prevent the spread of highly pathogenic avian influenza to other captive birds kept in zoos and approved bodies, institutes or centres” (but the footnote to regulation 9(5) is not to be substituted).
(3) In regulation 11, in paragraphs (2)(a) and (3), for “another” substitute “a”.
(4) In regulation 18(3)(c), for “EU obligations” substitute “retained EU law”.
The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006
5.—(1) The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 20065is amended as follows.
(2) In article 22(2), for “another” substitute “a”.
(3) In article 32, for “intra-Community or international trade” substitute “export outside the United Kingdom”.
(4) In article 50(1)(b)(ii), for “another”, in both places where it occurs, substitute “a”.
(5) In article 63(5), for “intra-Community or international trade” substitute “export outside the United Kingdom”.
The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006
6.—(1) The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 20066are amended as follows.
(2) In regulation 2—
(a)
(a) in paragraph (1)—
(i) for the definition of “emergency vaccination plan” substitute—
““emergency vaccination plan” (“cynllun brechu brys”) means an emergency vaccination plan published in accordance with Article 53 of the Directive as read with the modifications set out in paragraph (3)”;
(ii) for the definition of “preventive vaccination plan” substitute—
““preventive vaccination plan” (“cynllun brechu ataliol”) means a preventive vaccination plan published in accordance with Article 56 of the Directive as read with the modifications set out in paragraph (4)”;
(b)
(b) after paragraph (2) insert—
“3 For the purposes of the definition of “emergency vaccination plan” in paragraph (1), Article 53 of the Directive is to be read as if it were modified as follows—
(a) in paragraph 1—
(i) for “A Member State” substitute “The Welsh Ministers”;
(ii) for the words from “the Member State concerned” to the end substitute “Wales”;
(b) in paragraph 2—
(i) for “a Member State intends” substitute “the Welsh Ministers intend”;
(ii) for “it shall submit an emergency vaccination plan to the Commission for its approval” substitute “the Welsh Ministers must publish an emergency vaccination plan”;
(iii) in sub-paragraph (g), for “the measures provided for in Sections 3, 4 and 5 of Chapter IV and Section 3 of Chapter V” substitute
“"any provision of—
(i) the Avian Influenza (Preventive Measures) (Wales) Regulations 2006 ( S.I. 2006/2803);
(ii) the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No. 2) Order 2006 ( S.I. 2006/2927);
(iii) the Avian Influenza (Vaccination) (Wales) (No. 2) Regulations 2006 ( S.I. 2006/2932);”
(c) omit paragraph 3.
4 For the purposes of the definition of “preventive vaccination plan” in paragraph (1), Article 56 of the Directive is to be read as if it were modified as follows—
(a) in paragraph 1—
(i) for “Member States” substitute “The Welsh Ministers”;
(ii) for “their territory” substitute “Wales”;
(b) in paragraph 2—
(i) for “a Member State intends” substitute “the Welsh Ministers intend”;
(ii) for “it shall submit a preventive vaccination plan to the Commission for its approval” substitute “the Welsh Ministers must publish a preventive vaccination plan”;
(iii) in sub-paragraph (g), for “the measures provided for in...
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