3.  In Article 154 of 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(2), in paragraph 2—

(a)omit “, 24”(3); and

(b)omit “paragraph 3 of this Article”.

Amendment of Regulation (EC) No 1/2005

4.—(1) Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations(4) (referred to in these Regulations as “Regulation (EC) No 1/2005”) is amended as follows.

(2) In each place it occurs—

(a)for “a competent authority” (including where any of the words is capitalised) substitute “the competent authority”;

(b)in the phrase “the relevant competent authority” omit “relevant”.

(3) In Article 1(2), for “Articles 3 and 27” substitute “Article 3”.

(4) In Article 2(1), in point (f), for “competent authorities as defined” substitute ““the competent authority” within the meaning given”.

(5) In Article 17(2), for “in in” substitute “in”.

(6) Omit Article 25(5).

(7) Omit Article 27.

(8) In the heading to Chapter 5 (immediately before Article 30), omit “Committee”.

Modification of certain provisions of Regulation (EC) No 1/2005 that have been deleted but which continue to apply

5.—(1) Articles 14, 15, 16, 23 and 26 of Regulation (EC) No 1/2005(6), insofar as they continue to apply by virtue of Article 154 of Regulation (EU) 2017/625, are to be read in accordance with the following modifications.

(2) Article 14 is to be read as if, in paragraph 1—

(a)in the words before point (a), for “Member States and with” there were substituted “Great Britain and”;

(b)in point (d), the words from “, of the exit” to the end were omitted.

(3) Article 15 is to be read as if—

(a)in paragraph 2—

(i)for “Member States and with” there were substituted “Great Britain and”;

(ii)for “veterinary Community” there were substituted “retained EU veterinary”;

(b)in paragraph 3, for the words from “Regulation (EC) No 854/2004” to the end there were substituted “Regulation (EU) 2017/625”.

(4) Article 16 is to be read as if, in the first indent, for “Regulation (EEC) No 3821/85” there were substituted “Regulation (EU) No 165/2014”(7).

(5) Article 23 is to be read as if—

(a)in paragraph 1, in the second subparagraph, for “Competent authority shall” there were substituted “competent authority may”;

(b)in paragraph 5—

(i)in both places, for “authorities” there were substituted “authority”;

(ii)after “the authorisation” there were inserted “, if different,”.

(6) Article 26 is to be read as if—

(a)in paragraph 1, for “7” there were substituted “6”;

(b)in paragraph 2, after “competent authority which granted the authorisation” there were inserted “, if different,”;

(c)in paragraph 3—

(i)after “destination” there were inserted “in Great Britain”;

(ii)after “departure” there were inserted “, if different”;

(d)in paragraph 6—

(i)for “a Member State” there were substituted “the competent authority”;

(ii)the words from “, even if” to the end were omitted;

(e)paragraph 7 were omitted.

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. In addition, the free issue procedure is being used for these Regulations as they correct errors that arise from a number of other instruments.

Regulation 3 makes corrections to paragraph 2 of Article 154 of 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 (EUR 2017/625).

Regulation 4 makes corrections to Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations (EUR 2005/1).

Regulation 5 contains modifications to correct deficiencies in certain provisions of EUR 2005/1 (the “saved provisions”) that were deleted before IP completion day, but which were saved, and which continue to apply, by virtue of Article 154 of EUR 2017/625. The saved provisions were amended by regulation 3 of the Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/802), which was in turn amended by regulation 2 of the Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590). However, regulation 42 of the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481) removed most of the amendments to the saved provisions, except the amendments to Article 21, and the deletion of Article 24, of EUR 2005/1.

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