Farming and Animal Welfare
SI Title |
Laid Date |
Policy Area |
Summary |
24/07/18 |
Farming and Animal Welfare |
The Seal Products (Amendments) (EU Exit) Regulations 2018 are being made under section 8(1) of, and Paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 to amend retained EU legislation and existing United Kingdom legislation in order to ensure that the ban on imports of seal products from commercial hunts will continue to operate effectively after we leave the EU. The minor and technical changes made by the instrument are necessary to ensure that retained EU legislation and the domestic EU legislation enforcing it continues to operate effectively. The changes made to ensure that it operates effectively include the removal of references to the EU, Union and the Commission and replaced with the United Kingdom and the Secretary of State . It also removes references to ensuring free movement within the EU (which will no longer be relevant), Member State requirements to lay down rules for enforcement (which the UK already has in place in domestic legislation), and requirements to report to, or notify the EU Commission of, information on actions taken to implement the EU legislation in the UK. |
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Animals (Scientific Procedures) Act 1986 (EU Exit) Regulations 2018 |
01/10/18 |
Farming and Animal Welfare |
These regulations amend the Animals (Scientific Procedures) Act 1986 to ensure a seamless animals in science regulatory system, following the UK's withdrawal from the European Union. Mandatory requirements for the UK to provide information or assistance to the European Commission or Member States are cancelled. These regulations do not create any new requirements for those that operate under ASPA, nor will they create any new functions for the Home Office animals in science regulator. |
Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2018 |
01/11/18 |
Farming and Animal Welfare |
This instrument amends legislation relating to fertilisers, addressing failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). They also in part amend domestic legislation that is out of date. |
07/11/18 |
Farming and Animal Welfare |
This instrument is being made using powers in the European Union (Withdrawal) Act 2018 in order to address deficiencies and failures of retained direct EU legislation relating to exotic notifiable disease in livestock to ensure such legislation is fully operable and operates effectively after the United Kingdom leaves the European Union. A notifiable disease is one where owners and their veterinarians are obliged to notify the Department of suspicion of the relevant disease. |
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13/11/18 |
Farming and Animal Welfare |
The purpose of the Animal Welfare (Amendment) (EU Exit) Regulations 2018 is to ensure that three pieces of direct EU legislation will be fully operable when the UK leaves the EU. The instrument concerns animal welfare which as a devolved matter and is implemented and enforced by EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 and relates to the protection of the welfare of animals whilst being transported, kept at control posts or at the time of their killing. This instrument will enable this retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union. |
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Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018 |
14/11/18 |
Farming and Animal Welfare |
To ensure that retained EU legislation on the identification and registration of livestock will continue to be operable in the UK after the UK leaves the EU. To ensure that these species are traceable for the purposes of disease control the relevant EU law sets out how these species must be identified, what records their keepers must maintain, how they must report their animal's movements, and how central competent authorities must record this information on central databases.Minor and technical changes made by the instrument are necessary to ensure that the retained EU legislation continues to operate effectively. The changes made to ensure that it operates effectively include the removal of references to the EU , Union and the Commission and their replacement with terms such as the United Kingdom and the Appropriate Minister . It also removes references to requirements to report to, or notify to the EU Commission information on actions taken to implement the EU legislation “ such as the results of on farm compliance inspections. |
Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 |
15/11/18 |
Farming and Animal Welfare |
The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 is being made under section 8(1) of the European Union (Withdrawal) Act 2018 to amend retained EU legislation and existing United Kingdom legislation. This instrument ensures that EU and UK legislation establishing the regime that controls and enforces the movement, release and marketing of genetically modified organisms will continue to be operable when the UK leaves the European Union. |
Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The purpose of these Regulations is to ensure that direct EU legislation regarding equine identification and retained by section 3 of the EU (Withdrawal) Act 2018 remains operable once the UK leaves the EU. The current system of equine identification is set out in EU legislation, primarily by Commission Implementing Regulation (EU) 2015/262 (Equine Passport Regulation). The aim is to retain a robust system of equine identification to support high standards of equine biosecurity, enforcement, food safety, fraud prevention, welfare and international trade. |
20/11/18 |
Farming and Animal Welfare |
This instrument amends legislation relating to organic products, addressing failures of domestic legislation and other deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). The instrument does not make substantive changes to policy. Separate instruments relating to organic products will be introduced to address failures of retained EU law to operate effectively arising from the withdrawal of the UK from the EU. |
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Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018 amend retained EU law which protects human health against zoonotic disease (in particular, salmonella) so that it will continue to be operable after the UK leaves the EU. Zoonotic diseases are those that may transfer from animals to humans. |
Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 ensure that the Northern Ireland legislation, which implements and provides enforcement powers for EU Directives protecting human health against zoonotic disease, will continue to be operable in Northern Ireland after the UK leaves the EU. |
21/11/18 |
Farming and Animal Welfare |
This instrument amends three separate domestic regulations, and revokes one, relating to the implementation of the European Union (EU) Common Agricultural Policy (CAP) and also amends one Order concerned with the Agriculture and Horticulture Development Board (AHDB), in order to address operability issues created by the UK leaving the EU. The amendments will ensure this legislation continues to operate effectively after EU Exit. |
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22/11/18 |
Farming and Animal Welfare |
The purpose of this EU exit instrument is to ensure that five pieces of direct EU legislation will be fully operable when the UK leaves the EU. It relates to animal disease prevention which is a devolved matter and is implemented and enforced by similar EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 (the Withdrawal Act) and relates to the control and eradication of transmissible spongiform encephalopathies (TSEs) and to the use, disposal, placing on the market and import of animal by-products (ABPs). This instrument will enable the retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union. |
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Fertilisers (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
22/11/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland legislation relating to fertilisers, addressing deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). |
Official Controls (Animals, Feed and Food) (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
22/11/18 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007 (the 2007 Regulations) continue to be operable in Northern Ireland after the UK leaves the EU. The 2007 Regulations apply and enforce the animal health and welfare elements and certain feed and food elements of Regulation (EC) No.882/2004 in Northern Ireland. |
26/11/18 |
Farming and Animal Welfare |
The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residues Limits) (Amendment etc.) (EU Exit) Regulations 2018 amend the Veterinary Medicines Regulations 2013 (VMR) and the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 (Residues Regulations) and amend and revoke relevant retained direct EU legislation to ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the UK leaves the EU. |
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29/11/18 |
Farming and Animal Welfare |
This instrument will ensure that retained direct EU legislation animal breeding legislation remains operable after we leave the EU. |
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Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
These instruments amend retained European Union (EU) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy (CAP). These instruments will address operability issues created by the United Kingdom ( UK) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit. |
29/11/18 |
Farming and Animal Welfare |
These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013 |
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Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013 |
Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
This instrument addresses deficiencies in Northern Ireland legislation relating to exotic diseases arising from the withdrawal of the United Kingdom (UK) from the European Union (EU) to ensure that it can continue to operate after the UK leaves the EU. |
Animal Health and Welfare (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
30/11/18 |
Farming and Animal Welfare |
The instrument ensures that the Northern Ireland legislation which implements EU Directives protecting the welfare of animals on-farm and the registration of establishments with laying hens will continue to be operable in Northern Ireland after the UK leaves the EU. It also ensures that the Northern Ireland legislation which provides enforcement powers (and, in some cases, stricter national rules) to support EU Regulations on the protection of the welfare of animals at the time of killing and during transport will continue to be operable and enforceable in Northern Ireland after the UK leaves the EU. |
30/11/18 |
Farming and Animal Welfare |
The instrument ensures that the Northern Ireland legislation which implements and provides enforcement powers for EU legislation on the recording, identification and movement of livestock will continue to be operable in Northern Ireland after the UK leaves the EU. |
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Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2018 |
05/12/18 |
Farming and Animal Welfare |
As a form of intellectual property protection, plant breeders' rights allow businesses to control seed and other propagating material of new varieties, allowing them to recoup the long term investment in their development. This instrument amends existing UK plant variety rights legislation to address deficiencies resulting from the UK's withdrawal from the EU. It revokes the principal EU Regulation (Council Regulation 2100/94) and implementing EU legislation and where appropriate amends domestic legislation to save EU provisions. This instrument gives effect to Community plant variety rights (CPVR), intellectual property rights for new varieties of plants in the EU, in the United Kingdom provided that they were granted up to two months before exit day (and provides for unresolved CPVR applications at exit). It also provides a framework of protection in part through the application of the Plant Varieties Act 1997 (the Act). |
Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 |
06/12/18 |
Farming and Animal Welfare |
The purpose of the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 is to ensure that legislation relating to the prevention and management of the introduction and spread of invasive non-native species remains operable after we leave the EU and that the strict protections that are in place for these species are maintained. This instrument makes corrections to one piece of directly applicable EU legislation and the implementing and delegated legislation under it, and also corrects an operability issue in the Destructive Imported Animals Act 1932. There is no change to policy. |
06/12/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland EU derived legislation relating to seed and propagating material, addressing deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). |
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Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
12/12/18 |
Farming and Animal Welfare |
This instrument is one of a set of three statutory instruments that will make corrections to the EU plant protection product regulatory regime, so that it can continue to operate effectively after the United Kingdom (UK) leaves the European Union (EU). This instrument makes amendments to secondary legislation relating to that regime. In preparation for EU Exit, the instrument also amends domestic legislation to transfer functions under the EU pesticides legislation to the Welsh Ministers. Finally, the instrument updates out of date references and provisions in the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003. |
Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This SI makes amendments to the Farriers (Registration) Act 1975, the Animal Health Act 1981 and three pieces of secondary legislation made under the Veterinary Surgeons Act 1966, in order to address deficiencies arising from the United Kingdom's withdrawal from the European Union. |
Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument is one of three that will make corrections to the converted EU plant protection product regulatory regime, so that it continues to operate effectively after the United Kingdom (UK) leaves the European Union (EU). The instrument makes appropriate corrections to Regulation (EC) No 396/2005 to ensure that after EU Exit, effective arrangements and robust controls governing the level of residues permitted in food will continue to operate in the UK. |
Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument is one of a set of three statutory instruments that will make corrections to the EU plant protection product regulatory regime so that it can continue to operate effectively after the United Kingdom leaves the European Union. This instrument makes the necessary amendments to Regulation (EC) No 1107/2009 and other associated retained direct EU legislation to ensure that, after EU Exit, effective arrangements and robust controls currently in place which govern the authorisation of, marketing and use of plant protection products continue to operate. It also transfers legislating powers from Directive 2009/128/EC on sustainable use of pesticides, allowing the future amendment of the annexes to that Directive as they have been transposed into domestic law. |
Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This SI makes amendments to the Veterinary Surgeons Act 1966 and the Animal Welfare Act 2006 in order to address deficiencies arising from the United Kingdom's withdrawal from the European Union. |
Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland legislation relating to pesticides, addressing deficiencies arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). |
Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2018 |
17/12/18 |
Farming and Animal Welfare |
These instruments amend retained European Union (EU) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy (CAP). These instruments will address operability issues created by the United Kingdom ( UK) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit. |
Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
18/12/18 |
Farming and Animal Welfare |
This instrument will make necessary changes, which arise as a result of the UK leaving the European Union, to domestic legislation which ensures the regime for the control and marketing of Genetically Modified Organisms (˜GMO') in Northern Ireland will continue to be operable when the UK leaves the EU. |
Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
18/12/18 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that Northern Ireland legislation relating to the controls and standards applied to trade in animals, animal products and bees and non-commercial movement of pet animals continues to be operable after the UK leaves the EU. |
19/12/18 |
Farming and Animal Welfare |
The Plant Health (EU Exit) Regulations 2019 correct deficiencies in domestic legislation which implements EU Directive 2000/29/EC on measures to protect plant health and in retained direct EU legislation relating to plant health arising in consequence of the United Kingdom's withdrawal from the EU in a 'no deal' scenario. |
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15/01/19 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that the Mechanically Recovered Meat (Export Prohibition) Order (Northern Ireland) 1995, the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015 and the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018 continue to be operable in Northern Ireland after the UK leaves the EU. The existing legislation applies and enforces rules regarding animal by-products not intended for human consumption and lays down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs). This instrument will introduce amendments using correcting powers in the European Union (Withdrawal) Act 2018 to address operability deficiencies in the existing legislation. No substantive policy changes will be made by this instrument. |
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21/01/19 |
Farming and Animal Welfare |
This instrument provides for a series of legislative functions that are currently conferred by European Union (EU) legislation upon the European Commission (the Commission) to be exercisable instead by public authorities in the United Kingdom ( UK), so that they can be exercised at national level after the UK leaves the EU. The EU Regulations concerned cover animal health and welfare. The powers were provided to the European Commission through directly applicable European Regulations agreed with the member states. In each case, the legislative function is conferred upon the Commission so that it can develop the technical details of the specific regime, without the frequent need to refer back to the EU Council and Parliament. Examples of these functions include specifying forms to be used and amending technical annexes. This instrument does not make changes to substantive policy content. It provides for the legislative function in each case to be exercisable by UK authorities. This is to ensure that the regimes continue to function smoothly, without the need for primary legislation every time a change to technical matters is required. Without establishing powers we would be unable to bring forward measures which the European Commission currently has authority to do on behalf of member states. The regimes will continue to function in a similar way to how they did previously. This instrument changes the identity of the bodies carrying out the specified functions and converts the EU procedures to UK procedures as appropriate. |
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Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 |
22/01/19 |
Farming and Animal Welfare |
This instrument makes minor, drafting amendments to ten Northern Ireland Statutory Rules in order to ensure operability of those Rules after the United Kingdom leaves the European Union. It does not introduce a change to policy. It ensures the continuity of a functioning statute book in Northern Ireland. |
04/02/19 |
Farming and Animal Welfare |
The Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 (the instrument) amends retained EU law and domestic legislation relating to official controls on food and feed to ensure its operability following the United Kingdom's departure from the European Union (EU). It is intended to protect public health, animal health and animal welfare whilst providing continuity for business operators and trade. Official controls legislation sets rules and operational standards for the verification of food and feed law by competent authorities in the United Kingdom such as the Food Standards Agency (FSA) and the Animal and Plant Health Agency (APHA). This instrument amends references to EU institutions and systems in order that the legislation is operable in the United Kingdom following our departure from the EU. The instrument amends EU law in the form of directly applicable Regulation (EC) No. 882/2004, Regulation (EU) No 2017/625, Commission Decision 2006/677/EC and Commission Decision 2008/654/EC. It also amends two pieces of implementing domestic legislation which apply to England only, the Meat (Official Controls Charges) (England) Regulations 2009 (SI 2009 No. 1574) and the Official Feed and Food Controls (England) Regulations 2009 (SI 2009 No. 3255). |
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05/02/19 |
Farming and Animal Welfare |
The Animal Feed (Amendment) (EU Exit) Regulations 2019 (the instrument) are being made to fix inoperabilities in the retained EU legislation on animal feed; namely Regulation (EC) No 1831/2003, Regulation (EC) No 183/2005, Regulation (EC) No 378/2005, Regulation (EC) No 429/2008, Regulation (EC) No 152/2009, Regulation (EC) No 767/2009, Regulation, Regulation (EU) No. 892/2010, (EC) No 619/2011, Regulation (EC) No. 68/2013, and Regulation (EU) No 2015/786 that will arise as a consequence of the UK's exit from the European Union (EU). This instrument is a legislative consequence of the UK's decision to leave the EU and will apply from day 1 of withdrawal from the EU in order to ensure the continued safety of animal feed. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to food and feed (animal feed) policy and legislation. |
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05/02/19 |
Farming and Animal Welfare |
The Sprouts and Seeds (Amendment)(EU Exit) Regulations 2019 (the instrument) is being made to fix the inoperabilities of retained EU law, namely Regulation (EU) No 208/2013, Regulation (EU) No. 210/2013 and Regulation (EU) No 211/2013 (the Regulations) to ensure the continued safety of sprouts and seeds intended for sprouting supplied on the UK market. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to the Sprouts and Seeds legislation. |
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Agriculture (Legislative Functions) (EU Exit) Regulations 2019 |
13/02/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP) and the European Maritime and Fisheries Fund (EMFF), which currently confer legislative functions on the European Commission (the Commission). Under the amendments, these functions will instead be exercisable by public authorities in the United Kingdom (UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
13/02/19 |
Farming and Animal Welfare |
The Common Agricultural Policy (CAP) was created by the European Union (EU) to provide financial support to farmers and land managers in Member States. These instruments will change the retained EU CAP cross-cutting ( Horizontal) regulations to enable it to work effectively after EU Exit. They will create an agricultural legal framework in the UK that will enable the following land management support measures to continue to work effectively after EU Exit: i. Direct Payments to farmers (CAP Pillar 1); ii. Rural Development Programme schemes (Countryside Stewardship and Environmental Stewardship) (CAP Pillar 2); and iii. Market support and responding to a market crisis in the agricultural sector, as provided for under retained EU CAP Common Organisations of Agricultural Markets (CMO) legislation (CAP Pillar 1). |
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13/02/19 |
Farming and Animal Welfare |
The Common Agricultural Policy (CAP) was created by the European Union (EU) to provide financial support to farmers and land managers in Member States. These instruments will change the retained EU CAP cross-cutting (Horizontal) regulations to enable it to work effectively after EU Exit. They will create an agricultural legal framework in the UK that will enable the following land management support measures to continue to work effectively after EU Exit: i. Direct Payments to farmers (CAP Pillar 1); ii. Rural Development Programme schemes (Countryside Stewardship and Environmental Stewardship) (CAP Pillar 2); and iii. Market support and responding to a market crisis in the agricultural sector, as provided for under retained EU CAP Common Organisations of Agricultural Markets (CMO) legislation (CAP Pillar 1). |
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13/02/19 |
Farming and Animal Welfare |
This instrument amends retained European Union (EU) legislation relating to the common organisation of agricultural markets (Common Market Organisation or CMO) with a common objective of, directly or indirectly, supporting prices received by agricultural producers. This instrument will address operability issues created by the United Kingdom (UK) leaving the EU relating to reserved policy areas in the CMO to ensure that the CMO can continue to operate effectively after EU Exit. The instrument will also address operability issues created by the UK leaving the EU in relation to the reserved policy area of checks relating to protected designations of origin and geographical indications in the EU Common Agricultural Policy (CAP) cross-cutting (Horizontal) legislation. |
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13/02/19 |
Farming and Animal Welfare |
This Explanatory Memorandum covers four statutory instruments which together amend retained European Union (EU) legislation relating to the Common Market Organisation (CMO) with a common objective of, directly or indirectly, supporting prices received by agricultural producers, and the Agri-Promotion scheme. These instruments will address operability issues created by the United Kingdom (UK) leaving the EU. These instruments will ensure that the CMO can continue to operate effectively after EU Exit. 2.2 The four instruments are as follows: The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments) (EU Exit) Regulations 2019, The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019, The Market Measures Payment Schemes (Miscellaneous Amendments) (EU Exit) Regulations 2019, The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019. These four instruments amend the retained EU legislation providing rules for the functioning and administration of the Common Organisation of Agricultural Markets and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal) Act 2018. |
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Agriculture (Legislative Functions) (EU Exit) (No.2) Regulations 2019 |
14/02/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP), the Common Organisation of Agricultural Markets (CMO) and organic food and feed, which are currently carried out by the European Commission (the Commission). Under the amendments, these functions will instead be exercisable by public authorities in the United Kingdom (UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 |
14/02/19 |
Farming and Animal Welfare |
The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations amends domestic regulations, retained and directly applicable EU regulations and directly applicable EU decisions, which implement different European regulations and directives related to: i) natural mineral waters (NMWs), ii) spirits; iii) food labelling; iv) wines and aromatised wines; v) genetically modified organisms (release to the environment) (GMOs); and vi) animal health to ensure that the existing policy regimes can continue to operate effectively after the UK leaves the EU |
21/02/19 |
Farming and Animal Welfare |
This instrument uses powers under section 8 of the European Union (Withdrawal) Act 2018 (œthe Act) to make a number of minor, technical amendments to Northern Ireland EU derived legislation, which were not able to be included in earlier European Union (œEU) exit SIs to ensure that all deficiencies, arising from the withdrawal of the United Kingdom (œUK) from the European Union, have been addressed. It covers a number of policy areas: animal health, plant health, the marketing of seed and propagating material and seed potatoes. |
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Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
13/03/19 |
Farming and Animal Welfare |
This instrument uses powers under section 8 of the European Union (Withdrawal) Act 2018 (œthe Act) to make a number of minor, technical amendments to Northern Ireland EU derived legislation, which were not able to be included in earlier European Union (œEU) exit SIs to ensure that all deficiencies, arising from the withdrawal of the United Kingdom (œUK) from the European Union, have been addressed. It covers a number of policy areas: animal health, food and the marketing seed potatoes. |
Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
05/04/19 |
Farming and Animal Welfare |
This instrument amends five EU Exit statutory instruments previously laid by Defra to ensure that: a. Recent amendments by the European Commission (the Commission) to European Union (EU) Common Agricultural Policy (CAP) legislation are fully reflected in United Kingdom (UK) law at the point of EU Exit; and b. Minor drafting errors in CAP-related EU Exit statutory instruments are corrected before these instruments come into effect. The statutory instruments amended by this instrument in order to take account of recently introduced EU legislation relating to CAP Direct Payments and marketing standards in the fruit and vegetables sectors, are: The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019, which themselves amend retained EU legislation relating to Direct Payments to farmers provided under agricultural support schemes within the CAP; and The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019, which themselves amend retained EU legislation relating to marketing standards in the fruit and vegetables sectors provided under the Common Organisation of Agricultural Markets (CMO) framework of the CAP. |
Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
08/04/19 |
Farming and Animal Welfare |
These Regulations make technical corrections to Northern Ireland's secondary domestic legislation arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). The domestic legislation transposes EU Directives protecting plant health, marketing of seed, propagating material and other legislation relating to plant health. |
Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
10/06/19 |
Farming and Animal Welfare |
This instrument makes drafting amendments to six Northern Ireland Statutory Rules (SRs) in order to ensure operability of those SRs as a result of the United Kingdoms exit from the European Union. It also amends four Northern Ireland EU Exit Statutory Instruments (SIs). It does not introduce any changes to policy and simply ensures the continuity of a functioning statute book in Northern Ireland. |
19/06/19 |
Farming and Animal Welfare |
This instrument makes a number of amendments to the retained direct EU legislation which forms the plant protection product and maximum residue level ( ˜MRLs ) regulatory regimes, so that they can continue to operate effectively after the United Kingdom leaves the European Union. Some of the required amendments are as a consequence of the change in exit day from 29th March which impacts on various dates specified in the retained law. Further new EU legislation has also come into force during the extension period, which needs to be amended in order to correct deficiencies arising from exiting the European Union. This instrument also fixes a number of errors in earlier instruments made under section 8(1) of the European Union (Withdrawal) Act 2018 ( ˜the Withdrawal Act ). |
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22/07/19 |
Farming and Animal Welfare |
This instrument makes technical changes to earlier EU Exit SIs to take account of various recent EU instruments relating to plant health. It will ensure that this recent EU legislation forms part of the retained EU law relating to plant health on exit day. It also amends primary legislation relating to plant health to remove references to EU obligations. |
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24/07/19 |
Farming and Animal Welfare |
This SI and the Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which itself amends retained European Union ( EU) legislation relating to the Common Agriculture Policy (CAP) to enable it to work effectively after the UK s withdrawal from the EU. The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies. A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum. |
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24/07/19 |
Farming and Animal Welfare |
This SI and the Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which itself amends retained European Union ( EU) legislation relating to the Common Agriculture Policy (CAP) to enable it to work effectively after the UK s withdrawal from the EU. The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies. A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum. |
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Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
25/07/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP) and the Common Organisation of Agricultural Markets (CMO), including in particular a number of legislative functions which are currently carried out by the European Commission (the Commission). Under the amendments, these functions will instead be carried out by public authorities in the United Kingdom ( UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
25/07/19 |
Farming and Animal Welfare |
This instrument amends retained European Union (EU) legislation relating to the common organisation of agricultural markets (Common Market Organisation or CMO). This instrument will address operability issues created by the United Kingdom (UK) leaving the EU. This instrument will ensure that the CMO can continue to operate effectively after EU Exit. This instrument also makes minor amendments to retained EU law relating to support for rural development and the maritime and fisheries fund. This is to address operability issues created by EU Exit and ensures that the retained EU law can continue to operate effectively in a UK context. |
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Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 |
05/09/19 |
Farming and Animal Welfare |
This instrument makes a number of technical changes to existing instruments and takes into account recent changes to EU legislation that were settled in the EU too late to be included in earlier EU Exit SIs. It also corrects minor errors in earlier EU Exit statutory instruments. It will ensure that retained EU law continues to operate effectively after the UK leaves the EU. This instrument makes minor amendments to previously laid EU Exit instruments in the following subject areas: In Part 2, Transmissible Spongiform Encephalopathies (TSEs) and Animal By-Products (ABPs); and In Part 3, Genetically Modified Organisms (GMOs) |
05/09/19 |
Farming and Animal Welfare |
The purpose of this instrument is to make technical operability changes under Section 8 of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to existing EU legislation. Relevant EU legislation delegates to the EU Commission the legislative power to add, vary or remove a country from lists of approved third countries. This instrument makes these legislative powers that are contained within EU Directives operable upon EU withdrawal and allows the UK to align with the EU and approve third countries for the purpose of animal and product imports. This instrument supports the UK s application to be listed as a third country by the EU for live animals and animal products. The UK s application was approved by the EU in April 2019 as having met the minimum requirements at that time. Given the change in exit day to 31st October 2019, we are using this opportunity to ensure we are as prepared as we can be to support all possible requirements of listing. In transferring EU Commission powers to approve third countries for the purpose of animal and product imports, this will ensure the UK could adapt its own list of approved countries to retain its EU listing, should the long-term situation change after exit day. It will also allow for the longer-term removal of third countries from our approval list, should their biosecurity risk change significantly after exiting the EU, supporting our existing powers to exercise import controls. Parts 2 and 3 of this instrument transfer these delegated legislative powers from the Commission to the Secretary of State if consent is given by the Welsh Ministers in relation to Wales, the Scottish Ministers in relation to Scotland, and the Department of Agriculture, Environment and Rural Affairs (DAERA) in relation to Northern Ireland following their involvement in an assessment of the suitability of a third country to be approved to export such goods and animals into the United Kingdom. Parts 4 and 5 of this instrument also makes further operability amendments to a previously made EU exit statutory instrument, and into domestic regulations in England and Northern Ireland relating to the trade in animals and animal products. No policy changes are being introduced by these amendments, which are technical in nature. However, the Secretary of State with the consent of devolved appropriate authorities may publish lists of those animals and products that require or are exempted from border veterinary checks. Part 6 makes an amendment to correct a cross-reference to the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 ( ˜the Veterinary Surgeons Instrument ). |
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07/10/19 |
Farming and Animal Welfare |
The Welfare of Animals at the Time of Killing (England and Northern Ireland) (Amendment) (EU Exit) Regulations 2019 amend the definitions of evidence of training and examination in regulation 3 of the Welfare of Animals at the Time of Killing (Northern Ireland) Regulations 2014 (S.R. 2014 No. 107) (the 2014 Regulations) and the Welfare of Animals at the Time of Killing (England) Regulations 2015 (S.I. 2015/1782) (the 2015 Regulations). The amendments mean that an individual wishing to apply for a certificate of competence (which is needed in order to kill animals or carry out related operations in a slaughterhouse) may rely on approved training and examination undertaken in the Republic of Ireland. This change is required to ensure that the UK Government meets its obligations under the UK-Ireland Common Travel Area. |
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07/10/19 |
Farming and Animal Welfare |
This instrument makes drafting amendments to Northern Ireland domestic legislation in order to ensure operability following the United Kingdoms exit from the European Union (EU). It also amends Northern Ireland EU Exit Statutory Instruments (SI) to update earlier amendments made to Northern Ireland secondary legislation. The instrument amends two Northern Ireland EU Exit SIs (the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 to update earlier operability changes, to amend a drafting error and thus ensure that the legislation amended by these SIs are fully operable after EU Exit. The instrument does not introduce any changes to policy and simply ensures the operability of a functioning statute book in Northern Ireland post EU Exit. |
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Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 |
31/01/20 |
Farming and Animal Welfare |
This instrument and the Rules for Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union (EU) law governing the Direct Payment schemes for farmers established under the Common Agricultural Policy (CAP) in respect of claim year 2020, which runs from 1 January 2020 to 31 December 2020. This is in order to address operability issues created by the United Kingdom (UK) leaving the EU. The amendments will enable that retained EU law to operate effectively in the UK after EU Exit for claim year 2020. |
Rules for Direct Payments to Farmers (Amendment) Regulations 2020 |
31/01/20 |
Farming and Animal Welfare |
This instrument and the Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union (EU) law governing the Direct Payment schemes for farmers established under the Common Agricultural Policy ( CAP) in respect of claim year 2020, which runs from 1 January 2020 to 31 December 2020. This is in order to address operability issues created by the United Kingdom (UK) leaving the EU. The amendments will enable that retained EU law to operate effectively in the UK after EU Exit for claim year 2020. |
28/04/20 |
Farming and Animal Welfare |
The need for this instrument arises from the fact that the EU law governing the 2020 Direct Payment schemes for farmers established under the Common Agricultural Policy (CAP) was incorporated into UK law on exit day, rather than at the end of the Implementation Period (IP) established under the EU Withdrawal Agreement. It ensures that the retained Direct Payments legislation is treated in the same way as legislation retained under the European Union (Withdrawal) Act 2018 (the 2018 Act). This is necessary to ensure the UK statute book works coherently and effectively. For example, it provides clarity on how cross-references to EU regulations governing the 2020 Direct Payment schemes should be read. |
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09/06/20 |
Farming and Animal Welfare |
This instrument amends the retained EU law governing the 2020 Direct Payment schemes for farmers. This EU law became domestic law at 11:00pm on 31st January 2020 (exit day) further to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (the DPLC Act). The amendments in this instrument confirm the euro to sterling exchange rate for payments under these schemes. This instrument also addresses other operability issues arising from the UK s exit from the EU that were not fully dealt with at the time. The amendments will enable the retained EU law to operate effectively in the UK for claim year 2020, with no ambiguity. |
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09/06/20 |
Farming and Animal Welfare |
This instrument amends the UK s national ceiling and net ceiling for Direct Payments for claim year 2020. These financial ceilings are used to calculate payments to farmers under the Direct Payment schemes. The amendments to the ceilings made by this instrument take account of previous policy decisions made by the Government and Devolved Administrations, including concerning the transfer of funds for rural development measures. The amendments also take account of the findings of the Bew Review concerning the allocation of farm support funding in the UK. This Statutory Instrument replaces one of the same name laid on 4 June 2020 and withdrawn on 9 June. |
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Vegetable Plant Material and Seed (Miscellaneous Amendments) Regulations 2020 |
09/06/20 |
Farming and Animal Welfare |
This instrument amends: the Marketing of Vegetable Plant Material Regulations 1995 (the 1995 Regulations); the Seeds (National Lists of Varieties) Regulations 2001 (the 2001 Regulations); and the Seed Marketing Regulations 2011 (the 2011 Regulations). This instrument is required to ensure that the United Kingdom fulfils its obligations under the Withdrawal Agreement to transpose EU law into domestic legislation until the end of the Implementation Period (31st December 2020). We are therefore transposing Commission Implementing Directive (EU) 2019/990 amending the list of genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC (the 2019 Directive).We are also transposing Commission Implementing Directive (EU) 2020/432 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) ( the 2020 Directive). The 2020 Directive rectifies an error made by the 2019 Directive, by reinstating the definition of vegetables in Directive 2002/55/EC on the marketing of vegetable seed. This instrument changes the common names of certain vegetable species in accordance with the grouping used in the International Code of Nomenclature for Cultivated Plants. It also brings hybrids between the species and groups listed into the scope of the 2011 Regulations. The changes aim to provide greater clarity for businesses in terms of the species covered by the scope of the regulations amended by this instrument. This instrument also brings into line the species Cichorium intybus L (Chicory) with Commission Implementing Decision (EU) 2017/478. This Commission Implementing Decision releases certain Member States from the obligation to apply Directive 2002/55/EC to certain species. This instrument therefore extends the derogation from the requirement to provide a national list and restrict marketing in the 2001 Regulations, to the entire species. |
Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 |
21/07/20 |
Farming and Animal Welfare |
This instrument amends the Plant Breeders Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204) (the 2019 Regulations) and the Animal Health, Invasive Alien Species, Plant Breeders Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220). Together with the 2019 Regulations, this instrument implements the UK s obligation under the Withdrawal Agreement (WA) relating to Community plant variety rights (CPVR). Relatively few amendments are made by this instrument because the 2019 Regulations anticipated most of the provisions of the WA. |
Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2020 |
16/09/20 |
Farming and Animal Welfare |
These Regulations make amendments to the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019. They substitute references to exit day with references to IP completion day . |
Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020 |
05/10/20 |
Farming and Animal Welfare |
The European Union (Withdrawal) Act 2018 (the Withdrawal Act) converts and preserves EU law at the end of the transition period between the UK and the EU into domestic law (retained EU law). If retained EU law relating to the Common Agricultural Policy (CAP) was not amended, it would contain inoperable rules that would prevent the UK government and the Devolved Administrations from being able to deliver agricultural and market support schemes currently run under the CAP to the agricultural sector. This instrument uses powers in the Withdrawal Act to correct these deficiencies. The EU Exit SIs being amended would not have the right effect as they would not reflect the change in the legislative position following the Withdrawal Agreement between the UK and the EU, the Direct Payments to Farmers (Legislative Continuity) Act 2020 and amendments which have been made to EU Regulations since the EU Exit SIs were made. In relation to public intervention and private storage aid, the amendments made by the EU Exit SIs would have the wrong effect operationally if not amended. This instrument makes a number of changes: Firstly, this instrument makes provision to clarify the position of certain EU Regulations which were incorporated into domestic law with effect from exit day insofar as relating to direct payments and incorporated with effect from the end of the transition period (IP completion day) for remaining purposes, and amends or revokes a number of earlier EU Exit SIs to reflect that those SIs will not apply in relation to direct payments following the withdrawal agreement and the Direct Payments to Farmers (Legislative Continuity) Act 2020 and regulations made under it. Secondly, this instrument makes some limited amendments to previous EU Exit SIs where retained EU law is affected by the Northern Ireland Protocol. Thirdly, this instrument makes amendments to previous EU Exit SIs to ensure UK paying agencies are able to continue complying with EU rules for the purposes of Article 138 of the Withdrawal Agreement. Fourthly, this instrument amends previous rural development EU Exit SIs, which were made before a Withdrawal Agreement was signed between the UK and the EU, and which now consequently need to be updated to reflect the new position; a small number of additional amendments are made in order to ensure rural development rules continue to function effectively at the end of the transition period. Fifthly, this instrument makes amendments to earlier EU Exit SIs that set rules for Public Intervention (PI) and Private Storage Aid (PSA) schemes set out in the Common Organisation of Agricultural Markets (CMO) regime. These amendments will ensure provisions relating to the setting of prices for the intervention tendering process can be run administratively, which is in keeping with domestic processes and will allow relevant authorities to mirror the current system of administering PI and PSA as closely as possible at the end of the transition period, to ensure producers and operators do not experience any change in how the schemes are run immediately after the end of the transition period. Sixthly, this instrument makes a small number of minor drafting amendments to update drafting and correct errors and oversights in earlier EU Exit SIs, for example missed cross-references that needed amending and substituting a reference to Pounds Sterling for a reference to Euro. Seventhly, this instrument amends retained EU law concerning producer groups, producer organisations, notifications in the fruit and vegetables and processed fruit and vegetables sectors, and notifications of agricultural market information to domestic authorities. These amendments should be read in conjunction with The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment Etc.) (EU Exit) Regulations 2020 which also make operability corrections to Commission Delegated Regulation (EU) No 2017/891 and Commission Implementing Regulation (EU) No 2017/892. The EU Exit SIs and EU regulations amended by this instrument are: the Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763); the Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765); the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748); the Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405); the Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733); the Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764); the Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770); the European Structural Investment Funds (Common Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785); the Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823); the Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831); the Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402); the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No.2) Regulations 2019 (S.I. 2019/1422); Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors; Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011; Commission Implementing Regulation (EU) 2017/892 concerning producer groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors; and Commission Implementing Regulation (EU) 2017/1185 relating to notifications of agricultural market information to domestic authorities. The EU Exit SIs revoked by this instrument are: the Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/207); the Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/208); regulation 2 of the Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812); and part 4 of the Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759). |
08/10/20 |
Farming and Animal Welfare |
This instrument makes a number of amendments to earlier EU Exit SIs that convert EU legislation (which forms the plant protection product (PPP) and maximum residue level (MRL) regulatory regimes) into national law, to reflect when EU law ceases to apply and retained EU law comes into force at the end of the implementation period, thereby ensuring that the national regime will operate effectively. Most of the amendments are required as a result of new EU legislation that has come into force shortly prior to and during the implementation period, and so was not addressed by our earlier EU Exit SIs. This instrument also makes amendments as a result of the Northern Ireland Protocol (NIP) where the EU PPP and MRL regimes will continue to apply, therefore legislative changes are required to remove Northern Ireland from the retained EU legislation so that the new PPP and MRL regime applies in Great Britain only, rather than UK-wide. |
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20/10/20 |
Farming and Animal Welfare |
These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (c), (d), (f) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. Part 2 contains amendments to various statutory instruments relating to imports of animals, germinal products and animal products. Part 3 contains amendments to retained direct EU legislation relating to imports of those products. Part 4 contains general transitional and saving provision to enable the continued use, from IP completion day, for transitional purposes, of model forms of certificates as provided for in EU law as it had effect before IP completion day. It also contains a power to amend, by regulations, the date on which those transitional provisions, and the transitional provisions in regulation 26(3) of the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) cease to have effect. Part 4 and the Schedule also contain revocations of various instruments. |
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Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 |
21/10/20 |
Farming and Animal Welfare |
This instrument will ensure that retained European Union (EU) legislation and domestic implementing legislation relating to the protection of animals at the time of their killing, during transport and the criteria for animals being kept in control posts; the use of leghold traps, the import of pelts and manufactured goods of certain wild animal species; and the prevention and management of the introduction and spread of invasive non-native species remains operable now that we have left the EU. The proposed changes will ensure that the strict protections that are in place are maintained by addressing failures of EU law to operate effectively, as well as other deficiencies, arising from the withdrawal of the United Kingdom from the EU. This instrument includes provisions related to EU Exit for Great Britain and Northern Ireland, as well as changes to domestic enforcement legislation for the United Kingdom. Changes to retained EU legislation (EU legislation preserved in UK law for legal continuity after EU Exit) and domestic (UK developed) legislation are being made in order to implement the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Withdrawal Agreement). Furthermore, the changes ensure that imports of pelts and pelt products from the EU will be treated the same as imports from any other third country. This change is in line with wider government policy regarding the United Kingdoms exit from the EU. This instrument also includes provisions to improve enforcement, which will enable enforcement officers to use discretion when transferring seized specimens to appropriate facilities, ensure the civil sanction provisions work as intended, and enable the effective implementation of emergency measures under domestic legislation for invasive non-native species. |
Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 |
22/10/20 |
Farming and Animal Welfare |
Primarily, this instrument will amend retained EU legislation to introduce a comprehensive regulatory framework for Geographical Indication (GI) schemes in the UK. This instrument also makes operability amendments for wines and spirits sector standards (non-GI). On GI schemes, this instrument corrects the retained EU Regulations that will form the legal basis for three of four schemes in Great Britain (GB) at the end of the transition period, plus amendments needed for operation of the wine GI scheme. This includes providing continued protection in GB of established UK GIs, and non-UK GIs recognised under the EU GI schemes on 31st December 2020. This instrument reflects the position of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (the Protocol). This means, for the duration of the Protocol, the territorial extent of the new GI schemes will not include Northern Ireland, which remains under the EU rules. However, as the schemes will be administered and regulated by the UK Government, they are referred to as the ˜UK GI Schemes for the remainder of this document (whilst references to the schemes territorial extent are to GB). |
Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 |
02/11/20 |
Farming and Animal Welfare |
The purpose of this instrument is to make amendments to existing EU retained Regulations governing official controls on imports to Great Britain of animals and animal products, plants and plant products, including food and other imports relevant to the agri-food chain “ collectively known as ˜sanitary and phyto-sanitary (SPS) checks. Official controls are performed at appropriately designated border control points and other points of entry, and may also be carried out at other locations, such as slaughterhouses, to verify the compliance of imported SPS goods with Official Controls Regulations (OCR). These controls are integral to the protection of human health and biosecurity in the UK, as they deliver a risk-based and closely defined regime for checking the provenance, health and lack of contamination of SPS goods before they are allowed to pass beyond the control points at the UK border. This instrument rectifies legal deficiencies arising from the withdrawal of the United Kingdom from the European Union which, if not amended, would prevent our existing, established and harmonised system of official controls on SPS imports from being able to operate after the end of the Implementation Period. For example, references in retained EU Official Controls Regulations to legislative functions of the European Commission, are amended to be exercisable instead by the UK Secretary of State or the appropriate authority of the UK Devolved Administrations. These are termed operability amendments. |
Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 |
02/11/20 |
Farming and Animal Welfare |
The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 amends the Veterinary Medicines Regulations 2013 (VMR), the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 (Residues Regulations), and the relevant retained European Union (EU) law as set out in Section 6. This instrument will ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the end of the Transition Period. The amendments to the VMR also reflect the requirements and effect of the protocol on Ireland/Northern Ireland (the Protocol). |
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 |
10/11/20 |
Farming and Animal Welfare |
This SI supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031) on protective measures against pests of plants and Regulation (EU) 2017/625) 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 (the EU Regulations) and associated implementing legislation will be made operable for GB. The result of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) is that the UK leaves the EU single market. The operability amendments contained in this instrument create a ˜single market covering GB and the Crown Dependencies. The EU will become a third country and, as a result, be subject to third country import controls. Plant health controls on material imported from third countries will continue to be applied and will focus on risks to GB, rather than risks to the EU. Internal controls will also continue to apply to movement of goods within the GB internal market. |
The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 |
10/11/20 |
Farming and Animal Welfare |
This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031 on protective measures against pests of plants and Regulation (EU) 2017/625 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 (the EU Regulations) and associated implementing legislation will be made operable for GB. |
17/11/20 |
Farming and Animal Welfare |
This instrument is required to ensure that the UK has a functioning statute book at the end of the Implementation Period (IP). It uses the power under Section 8C of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to implement the Protocol on Ireland / Northern Ireland to the withdrawal agreement (the Protocol) to amend the Seeds (National Lists of Varieties) Regulations 2001 (National Lists Regulations 2001) so that they apply to Great Britain (GB) only and makes consequential changes to the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (the Fees Regulations). |
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Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021 |
09/12/20 |
Farming and Animal Welfare |
This instrument amends the Fertilisers and Ammonium Nitrate Material (EU Exit) Regulations 2019 (œS.I. 2019/601) in light of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (œthe Protocol) to reflect the continued application of the EU law version of Regulation (EC) No 2003/2003 on fertilisers (Regulation (EC) No 2003/2003) in Northern Ireland. S.I. 2019/601 replaces the œEC fertiliser regime provided for in the EU law version of Regulation (EC) No 2003/2003 with a new UK-wide œUK fertiliser regime which will function in the same way. The Protocol sets out that certain provisions of Union law listed in the Protocol shall apply under certain conditions in the United Kingdom in respect of Northern Ireland. Regulation (EC) No 2003/2003 is listed at Annex 2 of the Protocol. This instrument also applies the provisions of the retained EU law version of Regulation (EC) No 2003/2003, as it applies in England and Wales and Scotland, to Northern Ireland subject to modifications. This will enable the marketing of œUK fertilisers in Northern Ireland. Regulation (EC) No 2003/2003 as it has effect in EU law will continue to apply in Northern Ireland by virtue of the Protocol. |
09/12/20 |
Farming and Animal Welfare |
The purpose of this instrument is to protect biosecurity and support trade between Northern Ireland and Great Britain (œGB) by ensuring the continued functioning of plant health controls in relation to Qualifying Northern Ireland goods (œQualifying Goods) moving from Northern Ireland to GB, and within GB, following the end of the Transition Period. Regulation (EU) 2016/2031) on protective measures against pests of plants (œthe Plant Health Regulation) and tertiary legislation made under that Regulation has been incorporated into domestic law under section 3 of the European Union (Withdrawal) Act 2018 (œthe Withdrawal Act), save insofar as the legislation applies to Northern Ireland for the purposes of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (œthe Protocol). This legislation has been amended in relation to GB by the Plant Health (Amendment etc.) (EU Exit) Regulation 2020 and the Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (œthe 2020 Regulations) to deal with a range of deficiencies in the legislation arising from the withdrawal of the UK from the European Union. This instrument will make further amendments to the Plant Health Regulation (as amended by the 2020 Regulations) to deal with other deficiencies and matters arising out of, or related to, the Protocol. As a result of the Protocol, different Sanitary and Phytosanitary (SPS) requirements now apply in GB and in Northern Ireland. The operability amendments contained in this instrument supplement the governments policy on unfettered market access for Qualifying Goods. |
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22/12/20 |
Farming and Animal Welfare |
The purpose of this instrument is to make further amendments to existing EU retained Regulations governing official controls on imports to Great Britain of animals and animal products, plants and plant products, including food and other imports relevant to the agri-food chain collectively known as sanitary and phyto-sanitary (SPS) checks. Official controls are performed at appropriately designated border control points and other points of entry, and may also be carried out at other locations, such as slaughterhouses, to verify the compliance of imported SPS goods with Official Controls Regulations (OCR). These controls are integral to the protection of human health and biosecurity in the UK, as they deliver a risk-based and closely defined regime for checking the provenance, health and lack of contamination of SPS goods before they are allowed to pass beyond the control points at the UK border. This instrument completes the full set of official controls amendments required for full SPS operability after the end of the Transition Period. The main overarching regulatory control amendments are set out in the Official Controls (Animals, Feed and Food, Plant Health Etc.) (Amendment) (EU Exit) Regulations 2020, due to come into force at 11:00 p.m. on 31 December 2020. As with the first Instrument, this further Instrument also rectifies legal deficiencies arising from the withdrawal of the United Kingdom from the European Union which, if not amended, would prevent our existing, established and harmonised system of official controls on SPS imports from being able to operate after the end of the Transition Period. For example, references in retained EU Official Controls Regulations to legislative functions of the European Commission, are amended to be exercisable instead by the Defra Secretary of State or the appropriate authority of the UK Devolved Administrations. These are termed ˜operability amendments. |
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Trade in Endangered Species of Wild Fauna and Flora (Commission Regulation (EC) No 865/2006) (Amendment) Regulations 2020 |
04/01/21 |
Farming and Animal Welfare |
Under the EU Regulations implementing the Convention on International Trade in Endangered Species (CITES), specimens of endangered species (CITES specimens) have moved freely between the UK and other EU Member States. Following the UK's departure from the EU, and the subsequent Transition Period (TP), those moving certain CITES specimens will need to present import/(re-)export documents to a designated customs office (also referred to as a point of entry/exit (PoE)). The purpose of this instrument is to set the criteria for authorising traders, individuals or their representatives, who mistakenly use a non-designated PoE in respect of import or (re-)export to or from Great Britain, to do so on one occasion after the end of the TP. |
Cat and Dog Fur (Control of Movement etc.) (EU Exit) Regulations 2021 |
12/01/21 |
Farming and Animal Welfare |
The purpose of this SI is to recognise the public's high regard for the welfare of cats and dogs; and complement and build upon the existing suite of EU Exit instruments covering public morality, animal and aquatic health and welfare, such as the Seal Products (Amendments) (EU Exit) Regulations 2018 amending retained EU legislation and existing United Kingdom legislation on seal products from commercial hunts, so that they continue to be operable. This instrument is made under sections 8 and 8C of the EU (Withdrawal) Act 2018 (the EUWA). a. This instrument amends the retained domestic version of Regulation (EC) 1523/2007 of the European Parliament and of the Council (the EC Regulation), in order to make sure that the ban on the placing on the market, import and export of cat and dog fur, and products containing such fur continue to operate effectively. Part 2 of this instrument amends the retained domestic version of the EC Regulation so as to: remove references to the European Commission as these are no longer relevant to the United Kingdom in respect of Great Britain; amend inappropriate references to the European Union, replacing them with references to Great Britain; remove references to EU customs legislation (which has been replaced in its application to the United Kingdom in respect of Great Britain by provisions in the Taxation (Cross-Border Trade) Act 2018 and in regulations made under that Act) and replace these with references to domestic legislation where required; transfer to the Secretary of State the existing power of EU Member States to derogate, by way of provision in regulations, from the general prohibition contained in the EC Regulation; derogate from the general prohibition to enable the movement of cat and dog fur and products containing such fur from Northern Ireland to Great Britain and so does not prevent unfettered market access for goods moving between Northern Ireland and other parts of the United Kingdom’s internal market as permitted by Article 6(1) of the Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement. b. Part 3 of this instrument amends The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 (S.I. 2008/2795) (the domestic Regulations), as those Regulations apply in Great Britain, to provide for the imposition of penalties for contravening the prohibition in the retained domestic version of the EC Regulation as it applies in Great Britain. c. Part 4 of this instrument makes separate provision in the domestic Regulations in respect of Northern Ireland to apply similar penalties for contravening the prohibition under Regulation (EC) 1523/2007, as it directly applies to and in the United Kingdom in respect of Northern Ireland by virtue of section 7A of the EUWA and Annex 2 of the Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement. d. This instrument has United Kingdom wide extent. However, the amendments made by Parts 2 and 3 apply in relation to Great Britain only. The amendments made by Part 4 apply in relation to Northern Ireland only by virtue of section 7A of the EUWA and Annex 2 of Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement pursuant to which the EC Regulation continues to be directly applicable in Northern Ireland. |
SI Title |
Laid Date |
Policy Area |
Summary |
24/07/18 |
Farming and Animal Welfare |
The Seal Products (Amendments) (EU Exit) Regulations 2018 are being made under section 8(1) of, and Paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 to amend retained EU legislation and existing United Kingdom legislation in order to ensure that the ban on imports of seal products from commercial hunts will continue to operate effectively after we leave the EU. The minor and technical changes made by the instrument are necessary to ensure that retained EU legislation and the domestic EU legislation enforcing it continues to operate effectively. The changes made to ensure that it operates effectively include the removal of references to the EU , Union and the Commission and replaced with the United Kingdom and the Secretary of State . It also removes references to ensuring free movement within the EU (which will no longer be relevant), Member State requirements to lay down rules for enforcement (which the UK already has in place in domestic legislation), and requirements to report to, or notify the EU Commission of, information on actions taken to implement the EU legislation in the UK. |
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Animals (Scientific Procedures) Act 1986 (EU Exit) Regulations 2018 |
01/10/18 |
Farming and Animal Welfare |
These regulations amend the Animals (Scientific Procedures) Act 1986 to ensure a seamless animals in science regulatory system, following the UK's withdrawal from the European Union. Mandatory requirements for the UK to provide information or assistance to the European Commission or Member States are cancelled. These regulations do not create any new requirements for those that operate under ASPA, nor will they create any new functions for the Home Office animals in science regulator. |
Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2018 |
01/11/18 |
Farming and Animal Welfare |
This instrument amends legislation relating to fertilisers, addressing failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). They also in part amend domestic legislation that is out of date. |
07/11/18 |
Farming and Animal Welfare |
This instrument is being made using powers in the European Union (Withdrawal) Act 2018 in order to address deficiencies and failures of retained direct EU legislation relating to exotic notifiable disease in livestock to ensure such legislation is fully operable and operates effectively after the United Kingdom leaves the European Union. A notifiable disease is one where owners and their veterinarians are obliged to notify the Department of suspicion of the relevant disease. |
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13/11/18 |
Farming and Animal Welfare |
The purpose of the Animal Welfare (Amendment) (EU Exit) Regulations 2018 is to ensure that three pieces of direct EU legislation will be fully operable when the UK leaves the EU. The instrument concerns animal welfare which as a devolved matter and is implemented and enforced by EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 and relates to the protection of the welfare of animals whilst being transported, kept at control posts or at the time of their killing. This instrument will enable this retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union. |
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Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018 |
14/11/18 |
Farming and Animal Welfare |
To ensure that retained EU legislation on the identification and registration of livestock will continue to be operable in the UK after the UK leaves the EU. To ensure that these species are traceable for the purposes of disease control the relevant EU law sets out how these species must be identified, what records their keepers must maintain, how they must report their animal's movements, and how central competent authorities must record this information on central databases.Minor and technical changes made by the instrument are necessary to ensure that the retained EU legislation continues to operate effectively. The changes made to ensure that it operates effectively include the removal of references to the EU , Union and the Commission and their replacement with terms such as the United Kingdom and the Appropriate Minister . It also removes references to requirements to report to, or notify to the EU Commission information on actions taken to implement the EU legislation “ such as the results of on farm compliance inspections. |
Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 |
15/11/18 |
Farming and Animal Welfare |
The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 is being made under section 8(1) of the European Union (Withdrawal) Act 2018 to amend retained EU legislation and existing United Kingdom legislation. This instrument ensures that EU and UK legislation establishing the regime that controls and enforces the movement, release and marketing of genetically modified organisms will continue to be operable when the UK leaves the European Union. |
Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The purpose of these Regulations is to ensure that direct EU legislation regarding equine identification and retained by section 3 of the EU (Withdrawal) Act 2018 remains operable once the UK leaves the EU. The current system of equine identification is set out in EU legislation, primarily by Commission Implementing Regulation (EU) 2015/262 (Equine Passport Regulation). The aim is to retain a robust system of equine identification to support high standards of equine biosecurity, enforcement, food safety, fraud prevention, welfare and international trade. |
20/11/18 |
Farming and Animal Welfare |
This instrument amends legislation relating to organic products, addressing failures of domestic legislation and other deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). The instrument does not make substantive changes to policy. Separate instruments relating to organic products will be introduced to address failures of retained EU law to operate effectively arising from the withdrawal of the UK from the EU. |
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Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018 amend retained EU law which protects human health against zoonotic disease (in particular, salmonella) so that it will continue to be operable after the UK leaves the EU. Zoonotic diseases are those that may transfer from animals to humans. |
Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 ensure that the Northern Ireland legislation, which implements and provides enforcement powers for EU Directives protecting human health against zoonotic disease, will continue to be operable in Northern Ireland after the UK leaves the EU. |
21/11/18 |
Farming and Animal Welfare |
This instrument amends three separate domestic regulations, and revokes one, relating to the implementation of the European Union (EU) Common Agricultural Policy (CAP) and also amends one Order concerned with the Agriculture and Horticulture Development Board (AHDB), in order to address operability issues created by the UK leaving the EU. The amendments will ensure this legislation continues to operate effectively after EU Exit. |
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22/11/18 |
Farming and Animal Welfare |
The purpose of this EU exit instrument is to ensure that five pieces of direct EU legislation will be fully operable when the UK leaves the EU. It relates to animal disease prevention which is a devolved matter and is implemented and enforced by similar EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 (the Withdrawal Act) and relates to the control and eradication of transmissible spongiform encephalopathies (TSEs) and to the use, disposal, placing on the market and import of animal by-products (ABPs). This instrument will enable the retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union. |
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Fertilisers (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
22/11/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland legislation relating to fertilisers, addressing deficiencies arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). |
Official Controls (Animals, Feed and Food) (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
22/11/18 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007 (the 2007 Regulations) continue to be operable in Northern Ireland after the UK leaves the EU. The 2007 Regulations apply and enforce the animal health and welfare elements and certain feed and food elements of Regulation (EC) No.882/2004 in Northern Ireland. |
26/11/18 |
Farming and Animal Welfare |
The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residues Limits) (Amendment etc.) (EU Exit) Regulations 2018 amend the Veterinary Medicines Regulations 2013 (VMR) and the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 (Residues Regulations) and amend and revoke relevant retained direct EU legislation to ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the UK leaves the EU. |
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29/11/18 |
Farming and Animal Welfare |
This instrument will ensure that retained direct EU legislation animal breeding legislation remains operable after we leave the EU. |
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Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
These instruments amend retained European Union (EU) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy (CAP). These instruments will address operability issues created by the United Kingdom ( UK) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit. |
29/11/18 |
Farming and Animal Welfare |
These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013 |
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Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013 |
Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
This instrument addresses deficiencies in Northern Ireland legislation relating to exotic diseases arising from the withdrawal of the United Kingdom (UK) from the European Union (EU) to ensure that it can continue to operate after the UK leaves the EU. |
Animal Health and Welfare (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
30/11/18 |
Farming and Animal Welfare |
The instrument ensures that the Northern Ireland legislation which implements EU Directives protecting the welfare of animals on-farm and the registration of establishments with laying hens will continue to be operable in Northern Ireland after the UK leaves the EU. It also ensures that the Northern Ireland legislation which provides enforcement powers (and, in some cases, stricter national rules) to support EU Regulations on the protection of the welfare of animals at the time of killing and during transport will continue to be operable and enforceable in Northern Ireland after the UK leaves the EU. |
30/11/18 |
Farming and Animal Welfare |
The instrument ensures that the Northern Ireland legislation which implements and provides enforcement powers for EU legislation on the recording, identification and movement of livestock will continue to be operable in Northern Ireland after the UK leaves the EU. |
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Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2018 |
05/12/18 |
Farming and Animal Welfare |
As a form of intellectual property protection, plant breeders' rights allow businesses to control seed and other propagating material of new varieties, allowing them to recoup the long term investment in their development. This instrument amends existing UK plant variety rights legislation to address deficiencies resulting from the UK's withdrawal from the EU. It revokes the principal EU Regulation (Council Regulation 2100/94) and implementing EU legislation and where appropriate amends domestic legislation to save EU provisions. This instrument gives effect to Community plant variety rights (CPVR), intellectual property rights for new varieties of plants in the EU, in the United Kingdom provided that they were granted up to two months before exit day (and provides for unresolved CPVR applications at exit). It also provides a framework of protection in part through the application of the Plant Varieties Act 1997 (the Act). |
Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 |
06/12/18 |
Farming and Animal Welfare |
The purpose of the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 is to ensure that legislation relating to the prevention and management of the introduction and spread of invasive non-native species remains operable after we leave the EU and that the strict protections that are in place for these species are maintained. This instrument makes corrections to one piece of directly applicable EU legislation and the implementing and delegated legislation under it, and also corrects an operability issue in the Destructive Imported Animals Act 1932. There is no change to policy. |
06/12/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland EU derived legislation relating to seed and propagating material, addressing deficiencies arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). |
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Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
12/12/18 |
Farming and Animal Welfare |
This instrument is one of a set of three statutory instruments that will make corrections to the EU plant protection product regulatory regime, so that it can continue to operate effectively after the United Kingdom (UK) leaves the European Union (EU). This instrument makes amendments to secondary legislation relating to that regime. In preparation for EU Exit, the instrument also amends domestic legislation to transfer functions under the EU pesticides legislation to the Welsh Ministers. Finally, the instrument updates out of date references and provisions in the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003. |
Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This SI makes amendments to the Farriers (Registration) Act 1975, the Animal Health Act 1981 and three pieces of secondary legislation made under the Veterinary Surgeons Act 1966, in order to address deficiencies arising from the United Kingdom's withdrawal from the European Union. |
Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument is one of three that will make corrections to the converted EU plant protection product regulatory regime, so that it continues to operate effectively after the United Kingdom (UK) leaves the European Union (EU). The instrument makes appropriate corrections to Regulation (EC) No 396/2005 to ensure that after EU Exit, effective arrangements and robust controls governing the level of residues permitted in food will continue to operate in the UK. |
Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument is one of a set of three statutory instruments that will make corrections to the EU plant protection product regulatory regime so that it can continue to operate effectively after the United Kingdom leaves the European Union. This instrument makes the necessary amendments to Regulation (EC) No 1107/2009 and other associated retained direct EU legislation to ensure that, after EU Exit, effective arrangements and robust controls currently in place which govern the authorisation of, marketing and use of plant protection products continue to operate. It also transfers legislating powers from Directive 2009/128/EC on sustainable use of pesticides, allowing the future amendment of the annexes to that Directive as they have been transposed into domestic law. |
Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This SI makes amendments to the Veterinary Surgeons Act 1966 and the Animal Welfare Act 2006 in order to address deficiencies arising from the United Kingdom's withdrawal from the European Union. |
Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland legislation relating to pesticides, addressing deficiencies arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). |
Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2018 |
17/12/18 |
Farming and Animal Welfare |
These instruments amend retained European Union (EU) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy (CAP). These instruments will address operability issues created by the United Kingdom ( UK) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit. |
Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
18/12/18 |
Farming and Animal Welfare |
This instrument will make necessary changes, which arise as a result of the UK leaving the European Union, to domestic legislation which ensures the regime for the control and marketing of Genetically Modified Organisms (˜GMO') in Northern Ireland will continue to be operable when the UK leaves the EU. |
Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
18/12/18 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that Northern Ireland legislation relating to the controls and standards applied to trade in animals, animal products and bees and non-commercial movement of pet animals continues to be operable after the UK leaves the EU. |
19/12/18 |
Farming and Animal Welfare |
The Plant Health (EU Exit) Regulations 2019 correct deficiencies in domestic legislation which implements EU Directive 2000/29/EC on measures to protect plant health and in retained direct EU legislation relating to plant health arising in consequence of the United Kingdom's withdrawal from the EU in a ˜no deal' scenario. |
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15/01/19 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that the Mechanically Recovered Meat (Export Prohibition) Order (Northern Ireland) 1995, the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015 and the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018 continue to be operable in Northern Ireland after the UK leaves the EU. The existing legislation applies and enforces rules regarding animal by-products not intended for human consumption and lays down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs). This instrument will introduce amendments using correcting powers in the European Union (Withdrawal) Act 2018 to address operability deficiencies in the existing legislation. No substantive policy changes will be made by this instrument. |
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21/01/19 |
Farming and Animal Welfare |
This instrument provides for a series of legislative functions that are currently conferred by European Union (EU) legislation upon the European Commission (the Commission) to be exercisable instead by public authorities in the United Kingdom ( UK), so that they can be exercised at national level after the UK leaves the EU. The EU Regulations concerned cover animal health and welfare. The powers were provided to the European Commission through directly applicable European Regulations agreed with the member states. In each case, the legislative function is conferred upon the Commission so that it can develop the technical details of the specific regime, without the frequent need to refer back to the EU Council and Parliament. Examples of these functions include specifying forms to be used and amending technical annexes. This instrument does not make changes to substantive policy content. It provides for the legislative function in each case to be exercisable by UK authorities. This is to ensure that the regimes continue to function smoothly, without the need for primary legislation every time a change to technical matters is required. Without establishing powers we would be unable to bring forward measures which the European Commission currently has authority to do on behalf of member states. The regimes will continue to function in a similar way to how they did previously. This instrument changes the identity of the bodies carrying out the specified functions and converts the EU procedures to UK procedures as appropriate. |
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Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 |
22/01/19 |
Farming and Animal Welfare |
This instrument makes minor, drafting amendments to ten Northern Ireland Statutory Rules in order to ensure operability of those Rules after the United Kingdom leaves the European Union. It does not introduce a change to policy. It ensures the continuity of a functioning statute book in Northern Ireland. |
04/02/19 |
Farming and Animal Welfare |
The Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 (the instrument) amends retained EU law and domestic legislation relating to official controls on food and feed to ensure its operability following the United Kingdom's departure from the European Union (EU). It is intended to protect public health, animal health and animal welfare whilst providing continuity for business operators and trade. Official controls legislation sets rules and operational standards for the verification of food and feed law by competent authorities in the United Kingdom such as the Food Standards Agency (FSA) and the Animal and Plant Health Agency (APHA). This instrument amends references to EU institutions and systems in order that the legislation is operable in the United Kingdom following our departure from the EU. The instrument amends EU law in the form of directly applicable Regulation (EC) No. 882/2004, Regulation (EU) No 2017/625, Commission Decision 2006/677/EC and Commission Decision 2008/654/EC. It also amends two pieces of implementing domestic legislation which apply to England only, the Meat (Official Controls Charges) (England) Regulations 2009 (SI 2009 No. 1574) and the Official Feed and Food Controls (England) Regulations 2009 (SI 2009 No. 3255). |
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05/02/19 |
Farming and Animal Welfare |
The Animal Feed (Amendment) (EU Exit) Regulations 2019 (the instrument) are being made to fix inoperabilities in the retained EU legislation on animal feed; namely Regulation (EC) No 1831/2003, Regulation (EC) No 183/2005, Regulation (EC) No 378/2005, Regulation (EC) No 429/2008, Regulation (EC) No 152/2009, Regulation (EC) No 767/2009, Regulation, Regulation (EU) No. 892/2010, (EC) No 619/2011, Regulation (EC) No. 68/2013, and Regulation (EU) No 2015/786 that will arise as a consequence of the UK's exit from the European Union (EU). This instrument is a legislative consequence of the UK's decision to leave the EU and will apply from day 1 of withdrawal from the EU in order to ensure the continued safety of animal feed. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to food and feed (animal feed) policy and legislation. |
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05/02/19 |
Farming and Animal Welfare |
The Sprouts and Seeds (Amendment)(EU Exit) Regulations 2019 (the instrument) is being made to fix the inoperabilities of retained EU law, namely Regulation (EU) No 208/2013, Regulation (EU) No. 210/2013 and Regulation (EU) No 211/2013 (the Regulations) to ensure the continued safety of sprouts and seeds intended for sprouting supplied on the UK market. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to the Sprouts and Seeds legislation. |
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Agriculture (Legislative Functions) (EU Exit) Regulations 2019 |
13/02/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP) and the European Maritime and Fisheries Fund (EMFF), which currently confer legislative functions on the European Commission (the Commission). Under the amendments, these functions will instead be exercisable by public authorities in the United Kingdom (UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
13/02/19 |
Farming and Animal Welfare |
The Common Agricultural Policy (CAP) was created by the European Union (EU) to provide financial support to farmers and land managers in Member States. These instruments will change the retained EU CAP cross-cutting ( Horizontal) regulations to enable it to work effectively after EU Exit. They will create an agricultural legal framework in the UK that will enable the following land management support measures to continue to work effectively after EU Exit: i. Direct Payments to farmers (CAP Pillar 1); ii. Rural Development Programme schemes (Countryside Stewardship and Environmental Stewardship) (CAP Pillar 2); and iii. Market support and responding to a market crisis in the agricultural sector, as provided for under retained EU CAP Common Organisations of Agricultural Markets (CMO) legislation (CAP Pillar 1). |
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13/02/19 |
Farming and Animal Welfare |
The Common Agricultural Policy (CAP) was created by the European Union (EU) to provide financial support to farmers and land managers in Member States. These instruments will change the retained EU CAP cross-cutting (Horizontal) regulations to enable it to work effectively after EU Exit. They will create an agricultural legal framework in the UK that will enable the following land management support measures to continue to work effectively after EU Exit: i. Direct Payments to farmers (CAP Pillar 1); ii. Rural Development Programme schemes (Countryside Stewardship and Environmental Stewardship) (CAP Pillar 2); and iii. Market support and responding to a market crisis in the agricultural sector, as provided for under retained EU CAP Common Organisations of Agricultural Markets (CMO) legislation (CAP Pillar 1). |
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13/02/19 |
Farming and Animal Welfare |
This instrument amends retained European Union (EU) legislation relating to the common organisation of agricultural markets (Common Market Organisation or CMO) with a common objective of, directly or indirectly, supporting prices received by agricultural producers. This instrument will address operability issues created by the United Kingdom (UK) leaving the EU relating to reserved policy areas in the CMO to ensure that the CMO can continue to operate effectively after EU Exit. The instrument will also address operability issues created by the UK leaving the EU in relation to the reserved policy area of checks relating to protected designations of origin and geographical indications in the EU Common Agricultural Policy (CAP) cross-cutting (Horizontal) legislation. |
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13/02/19 |
Farming and Animal Welfare |
This Explanatory Memorandum covers four statutory instruments which together amend retained European Union (EU) legislation relating to the Common Market Organisation (CMO) with a common objective of, directly or indirectly, supporting prices received by agricultural producers, and the Agri-Promotion scheme. These instruments will address operability issues created by the United Kingdom (UK) leaving the EU. These instruments will ensure that the CMO can continue to operate effectively after EU Exit. 2.2 The four instruments are as follows: The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments) (EU Exit) Regulations 2019, The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019, The Market Measures Payment Schemes (Miscellaneous Amendments) (EU Exit) Regulations 2019, The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019. These four instruments amend the retained EU legislation providing rules for the functioning and administration of the Common Organisation of Agricultural Markets and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal) Act 2018. |
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Agriculture (Legislative Functions) (EU Exit) (No.2) Regulations 2019 |
14/02/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP), the Common Organisation of Agricultural Markets (CMO) and organic food and feed, which are currently carried out by the European Commission (the Commission). Under the amendments, these functions will instead be exercisable by public authorities in the United Kingdom (UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 |
14/02/19 |
Farming and Animal Welfare |
The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations amends domestic regulations, retained and directly applicable EU regulations and directly applicable EU decisions, which implement different European regulations and directives related to: i) natural mineral waters (NMWs), ii) spirits; iii) food labelling; iv) wines and aromatised wines; v) genetically modified organisms (release to the environment) (GMOs); and vi) animal health to ensure that the existing policy regimes can continue to operate effectively after the UK leaves the EU |
21/02/19 |
Farming and Animal Welfare |
This instrument uses powers under section 8 of the European Union (Withdrawal) Act 2018 (œthe Act) to make a number of minor, technical amendments to Northern Ireland EU derived legislation, which were not able to be included in earlier European Union (œEU) exit SIs to ensure that all deficiencies, arising from the withdrawal of the United Kingdom (œUK) from the European Union, have been addressed. It covers a number of policy areas: animal health, plant health, the marketing of seed and propagating material and seed potatoes. |
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Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
13/03/19 |
Farming and Animal Welfare |
This instrument uses powers under section 8 of the European Union (Withdrawal) Act 2018 (œthe Act) to make a number of minor, technical amendments to Northern Ireland EU derived legislation, which were not able to be included in earlier European Union (EU) exit SIs to ensure that all deficiencies, arising from the withdrawal of the United Kingdom (UK) from the European Union, have been addressed. It covers a number of policy areas: animal health, food and the marketing seed potatoes. |
Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
05/04/19 |
Farming and Animal Welfare |
This instrument amends five EU Exit statutory instruments previously laid by Defra to ensure that: a. Recent amendments by the European Commission (the Commission) to European Union (EU) Common Agricultural Policy (CAP) legislation are fully reflected in United Kingdom (UK) law at the point of EU Exit; and b. Minor drafting errors in CAP-related EU Exit statutory instruments are corrected before these instruments come into effect. The statutory instruments amended by this instrument in order to take account of recently introduced EU legislation relating to CAP Direct Payments and marketing standards in the fruit and vegetables sectors, are: The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019, which themselves amend retained EU legislation relating to Direct Payments to farmers provided under agricultural support schemes within the CAP; and The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019, which themselves amend retained EU legislation relating to marketing standards in the fruit and vegetables sectors provided under the Common Organisation of Agricultural Markets (CMO) framework of the CAP. |
Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
08/04/19 |
Farming and Animal Welfare |
These Regulations make technical corrections to Northern Ireland's secondary domestic legislation arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). The domestic legislation transposes EU Directives protecting plant health, marketing of seed, propagating material and other legislation relating to plant health. |
Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
10/06/19 |
Farming and Animal Welfare |
This instrument makes drafting amendments to six Northern Ireland Statutory Rules (SRs) in order to ensure operability of those SRs as a result of the United Kingdoms exit from the European Union. It also amends four Northern Ireland EU Exit Statutory Instruments (SIs). It does not introduce any changes to policy and simply ensures the continuity of a functioning statute book in Northern Ireland. |
19/06/19 |
Farming and Animal Welfare |
This instrument makes a number of amendments to the retained direct EU legislation which forms the plant protection product and maximum residue level (MRLs ) regulatory regimes, so that they can continue to operate effectively after the United Kingdom leaves the European Union. Some of the required amendments are as a consequence of the change in exit day from 29th March which impacts on various dates specified in the retained law. Further new EU legislation has also come into force during the extension period, which needs to be amended in order to correct deficiencies arising from exiting the European Union. This instrument also fixes a number of errors in earlier instruments made under section 8(1) of the European Union (Withdrawal) Act 2018 ( the Withdrawal Act ). |
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22/07/19 |
Farming and Animal Welfare |
This instrument makes technical changes to earlier EU Exit SIs to take account of various recent EU instruments relating to plant health. It will ensure that this recent EU legislation forms part of the retained EU law relating to plant health on exit day. It also amends primary legislation relating to plant health to remove references to EU obligations. |
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24/07/19 |
Farming and Animal Welfare |
This SI and the Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which itself amends retained European Union ( EU) legislation relating to the Common Agriculture Policy (CAP) to enable it to work effectively after the UK s withdrawal from the EU. The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies. A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum. |
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24/07/19 |
Farming and Animal Welfare |
This SI and the Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which itself amends retained European Union ( EU) legislation relating to the Common Agriculture Policy (CAP) to enable it to work effectively after the UK s withdrawal from the EU. The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies. A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum. |
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Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
25/07/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP) and the Common Organisation of Agricultural Markets (CMO), including in particular a number of legislative functions which are currently carried out by the European Commission (the Commission). Under the amendments, these functions will instead be carried out by public authorities in the United Kingdom ( UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
25/07/19 |
Farming and Animal Welfare |
This instrument amends retained European Union (EU) legislation relating to the common organisation of agricultural markets (Common Market Organisation or CMO). This instrument will address operability issues created by the United Kingdom (UK) leaving the EU. This instrument will ensure that the CMO can continue to operate effectively after EU Exit. This instrument also makes minor amendments to retained EU law relating to support for rural development and the maritime and fisheries fund. This is to address operability issues created by EU Exit and ensures that the retained EU law can continue to operate effectively in a UK context. |
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Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 |
05/09/19 |
Farming and Animal Welfare |
This instrument makes a number of technical changes to existing instruments and takes into account recent changes to EU legislation that were settled in the EU too late to be included in earlier EU Exit SIs. It also corrects minor errors in earlier EU Exit statutory instruments. It will ensure that retained EU law continues to operate effectively after the UK leaves the EU. This instrument makes minor amendments to previously laid EU Exit instruments in the following subject areas: In Part 2, Transmissible Spongiform Encephalopathies (TSEs) and Animal By-Products (ABPs); and In Part 3, Genetically Modified Organisms (GMOs) |
05/09/19 |
Farming and Animal Welfare |
The purpose of this instrument is to make technical operability changes under Section 8 of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to existing EU legislation. Relevant EU legislation delegates to the EU Commission the legislative power to add, vary or remove a country from lists of approved third countries. This instrument makes these legislative powers that are contained within EU Directives operable upon EU withdrawal and allows the UK to align with the EU and approve third countries for the purpose of animal and product imports. This instrument supports the UK s application to be listed as a third country by the EU for live animals and animal products. The UK s application was approved by the EU in April 2019 as having met the minimum requirements at that time. Given the change in exit day to 31st October 2019, we are using this opportunity to ensure we are as prepared as we can be to support all possible requirements of listing. In transferring EU Commission powers to approve third countries for the purpose of animal and product imports, this will ensure the UK could adapt its own list of approved countries to retain its EU listing, should the long-term situation change after exit day. It will also allow for the longer-term removal of third countries from our approval list, should their biosecurity risk change significantly after exiting the EU, supporting our existing powers to exercise import controls. Parts 2 and 3 of this instrument transfer these delegated legislative powers from the Commission to the Secretary of State if consent is given by the Welsh Ministers in relation to Wales, the Scottish Ministers in relation to Scotland, and the Department of Agriculture, Environment and Rural Affairs (DAERA) in relation to Northern Ireland following their involvement in an assessment of the suitability of a third country to be approved to export such goods and animals into the United Kingdom. Parts 4 and 5 of this instrument also makes further operability amendments to a previously made EU exit statutory instrument, and into domestic regulations in England and Northern Ireland relating to the trade in animals and animal products. No policy changes are being introduced by these amendments, which are technical in nature. However, the Secretary of State with the consent of devolved appropriate authorities may publish lists of those animals and products that require or are exempted from border veterinary checks. Part 6 makes an amendment to correct a cross-reference to the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 ( ˜the Veterinary Surgeons Instrument ). |
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07/10/19 |
Farming and Animal Welfare |
The Welfare of Animals at the Time of Killing (England and Northern Ireland) (Amendment) (EU Exit) Regulations 2019 amend the definitions of evidence of training and examination in regulation 3 of the Welfare of Animals at the Time of Killing (Northern Ireland) Regulations 2014 (S.R. 2014 No. 107) (the 2014 Regulations) and the Welfare of Animals at the Time of Killing (England) Regulations 2015 (S.I. 2015/1782) (the 2015 Regulations). The amendments mean that an individual wishing to apply for a certificate of competence (which is needed in order to kill animals or carry out related operations in a slaughterhouse) may rely on approved training and examination undertaken in the Republic of Ireland. This change is required to ensure that the UK Government meets its obligations under the UK-Ireland Common Travel Area. |
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07/10/19 |
Farming and Animal Welfare |
This instrument makes drafting amendments to Northern Ireland domestic legislation in order to ensure operability following the United Kingdoms exit from the European Union (EU). It also amends Northern Ireland EU Exit Statutory Instruments (SI) to update earlier amendments made to Northern Ireland secondary legislation. The instrument amends two Northern Ireland EU Exit SIs (the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 to update earlier operability changes, to amend a drafting error and thus ensure that the legislation amended by these SIs are fully operable after EU Exit. The instrument does not introduce any changes to policy and simply ensures the operability of a functioning statute book in Northern Ireland post EU Exit. |
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Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 |
31/01/20 |
Farming and Animal Welfare |
This instrument and the Rules for Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union (EU) law governing the Direct Payment schemes for farmers established under the Common Agricultural Policy (CAP) in respect of claim year 2020, which runs from 1 January 2020 to 31 December 2020. This is in order to address operability issues created by the United Kingdom (UK) leaving the EU. The amendments will enable that retained EU law to operate effectively in the UK after EU Exit for claim year 2020. |
Rules for Direct Payments to Farmers (Amendment) Regulations 2020 |
31/01/20 |
Farming and Animal Welfare |
This instrument and the Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union (EU) law governing the Direct Payment schemes for farmers established under the Common Agricultural Policy ( CAP) in respect of claim year 2020, which runs from 1 January 2020 to 31 December 2020. This is in order to address operability issues created by the United Kingdom (UK) leaving the EU. The amendments will enable that retained EU law to operate effectively in the UK after EU Exit for claim year 2020. |
28/04/20 |
Farming and Animal Welfare |
The need for this instrument arises from the fact that the EU law governing the 2020 Direct Payment schemes for farmers established under the Common Agricultural Policy (CAP) was incorporated into UK law on exit day, rather than at the end of the Implementation Period (IP) established under the EU Withdrawal Agreement. It ensures that the retained Direct Payments legislation is treated in the same way as legislation retained under the European Union (Withdrawal) Act 2018 (the 2018 Act). This is necessary to ensure the UK statute book works coherently and effectively. For example, it provides clarity on how cross-references to EU regulations governing the 2020 Direct Payment schemes should be read. |
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09/06/20 |
Farming and Animal Welfare |
This instrument amends the retained EU law governing the 2020 Direct Payment schemes for farmers. This EU law became domestic law at 11:00pm on 31st January 2020 (exit day) further to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (the DPLC Act). The amendments in this instrument confirm the euro to sterling exchange rate for payments under these schemes. This instrument also addresses other operability issues arising from the UK s exit from the EU that were not fully dealt with at the time. The amendments will enable the retained EU law to operate effectively in the UK for claim year 2020, with no ambiguity. |
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09/06/20 |
Farming and Animal Welfare |
This instrument amends the UK s national ceiling and net ceiling for Direct Payments for claim year 2020. These financial ceilings are used to calculate payments to farmers under the Direct Payment schemes. The amendments to the ceilings made by this instrument take account of previous policy decisions made by the Government and Devolved Administrations, including concerning the transfer of funds for rural development measures. The amendments also take account of the findings of the Bew Review concerning the allocation of farm support funding in the UK. This Statutory Instrument replaces one of the same name laid on 4 June 2020 and withdrawn on 9 June. |
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Vegetable Plant Material and Seed (Miscellaneous Amendments) Regulations 2020 |
09/06/20 |
Farming and Animal Welfare |
This instrument amends: the Marketing of Vegetable Plant Material Regulations 1995 (the 1995 Regulations); the Seeds (National Lists of Varieties) Regulations 2001 (the 2001 Regulations); and the Seed Marketing Regulations 2011 (the 2011 Regulations). This instrument is required to ensure that the United Kingdom fulfils its obligations under the Withdrawal Agreement to transpose EU law into domestic legislation until the end of the Implementation Period (31st December 2020). We are therefore transposing Commission Implementing Directive (EU) 2019/990 amending the list of genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC (the 2019 Directive).We are also transposing Commission Implementing Directive (EU) 2020/432 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) ( the 2020 Directive). The 2020 Directive rectifies an error made by the 2019 Directive, by reinstating the definition of vegetables in Directive 2002/55/EC on the marketing of vegetable seed. This instrument changes the common names of certain vegetable species in accordance with the grouping used in the International Code of Nomenclature for Cultivated Plants. It also brings hybrids between the species and groups listed into the scope of the 2011 Regulations. The changes aim to provide greater clarity for businesses in terms of the species covered by the scope of the regulations amended by this instrument. This instrument also brings into line the species Cichorium intybus L (Chicory) with Commission Implementing Decision (EU) 2017/478. This Commission Implementing Decision releases certain Member States from the obligation to apply Directive 2002/55/EC to certain species. This instrument therefore extends the derogation from the requirement to provide a national list and restrict marketing in the 2001 Regulations, to the entire species. |
Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 |
21/07/20 |
Farming and Animal Welfare |
This instrument amends the Plant Breeders Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204) (the 2019 Regulations) and the Animal Health, Invasive Alien Species, Plant Breeders Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220). Together with the 2019 Regulations, this instrument implements the UK s obligation under the Withdrawal Agreement (WA) relating to Community plant variety rights (CPVR). Relatively few amendments are made by this instrument because the 2019 Regulations anticipated most of the provisions of the WA. |
Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2020 |
16/09/20 |
Farming and Animal Welfare |
These Regulations make amendments to the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019. They substitute references to exit day with references to IP completion day . |
Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020 |
05/10/20 |
Farming and Animal Welfare |
The European Union (Withdrawal) Act 2018 (the Withdrawal Act) converts and preserves EU law at the end of the transition period between the UK and the EU into domestic law (retained EU law). If retained EU law relating to the Common Agricultural Policy (CAP) was not amended, it would contain inoperable rules that would prevent the UK government and the Devolved Administrations from being able to deliver agricultural and market support schemes currently run under the CAP to the agricultural sector. This instrument uses powers in the Withdrawal Act to correct these deficiencies. The EU Exit SIs being amended would not have the right effect as they would not reflect the change in the legislative position following the Withdrawal Agreement between the UK and the EU, the Direct Payments to Farmers (Legislative Continuity) Act 2020 and amendments which have been made to EU Regulations since the EU Exit SIs were made. In relation to public intervention and private storage aid, the amendments made by the EU Exit SIs would have the wrong effect operationally if not amended. This instrument makes a number of changes: Firstly, this instrument makes provision to clarify the position of certain EU Regulations which were incorporated into domestic law with effect from exit day insofar as relating to direct payments and incorporated with effect from the end of the transition period (IP completion day) for remaining purposes, and amends or revokes a number of earlier EU Exit SIs to reflect that those SIs will not apply in relation to direct payments following the withdrawal agreement and the Direct Payments to Farmers (Legislative Continuity) Act 2020 and regulations made under it. Secondly, this instrument makes some limited amendments to previous EU Exit SIs where retained EU law is affected by the Northern Ireland Protocol. Thirdly, this instrument makes amendments to previous EU Exit SIs to ensure UK paying agencies are able to continue complying with EU rules for the purposes of Article 138 of the Withdrawal Agreement. Fourthly, this instrument amends previous rural development EU Exit SIs, which were made before a Withdrawal Agreement was signed between the UK and the EU, and which now consequently need to be updated to reflect the new position; a small number of additional amendments are made in order to ensure rural development rules continue to function effectively at the end of the transition period. Fifthly, this instrument makes amendments to earlier EU Exit SIs that set rules for Public Intervention (PI) and Private Storage Aid (PSA) schemes set out in the Common Organisation of Agricultural Markets (CMO) regime. These amendments will ensure provisions relating to the setting of prices for the intervention tendering process can be run administratively, which is in keeping with domestic processes and will allow relevant authorities to mirror the current system of administering PI and PSA as closely as possible at the end of the transition period, to ensure producers and operators do not experience any change in how the schemes are run immediately after the end of the transition period. Sixthly, this instrument makes a small number of minor drafting amendments to update drafting and correct errors and oversights in earlier EU Exit SIs, for example missed cross-references that needed amending and substituting a reference to Pounds Sterling for a reference to Euro. Seventhly, this instrument amends retained EU law concerning producer groups, producer organisations, notifications in the fruit and vegetables and processed fruit and vegetables sectors, and notifications of agricultural market information to domestic authorities. These amendments should be read in conjunction with The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment Etc.) (EU Exit) Regulations 2020 which also make operability corrections to Commission Delegated Regulation (EU) No 2017/891 and Commission Implementing Regulation (EU) No 2017/892. The EU Exit SIs and EU regulations amended by this instrument are: the Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763); the Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765); the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748); the Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405); the Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733); the Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764); the Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770); the European Structural Investment Funds (Common Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785); the Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823); the Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831); the Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402); the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No.2) Regulations 2019 (S.I. 2019/1422); Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors; Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011; Commission Implementing Regulation (EU) 2017/892 concerning producer groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors; and Commission Implementing Regulation (EU) 2017/1185 relating to notifications of agricultural market information to domestic authorities. The EU Exit SIs revoked by this instrument are: the Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/207); the Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/208); regulation 2 of the Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812); and part 4 of the Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759). |
08/10/20 |
Farming and Animal Welfare |
This instrument makes a number of amendments to earlier EU Exit SIs that convert EU legislation (which forms the plant protection product (PPP) and maximum residue level (MRL) regulatory regimes) into national law, to reflect when EU law ceases to apply and retained EU law comes into force at the end of the implementation period, thereby ensuring that the national regime will operate effectively. Most of the amendments are required as a result of new EU legislation that has come into force shortly prior to and during the implementation period, and so was not addressed by our earlier EU Exit SIs. This instrument also makes amendments as a result of the Northern Ireland Protocol (NIP) where the EU PPP and MRL regimes will continue to apply, therefore legislative changes are required to remove Northern Ireland from the retained EU legislation so that the new PPP and MRL regime applies in Great Britain only, rather than UK-wide. |
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20/10/20 |
Farming and Animal Welfare |
These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (c), (d), (f) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. Part 2 contains amendments to various statutory instruments relating to imports of animals, germinal products and animal products. Part 3 contains amendments to retained direct EU legislation relating to imports of those products. Part 4 contains general transitional and saving provision to enable the continued use, from IP completion day, for transitional purposes, of model forms of certificates as provided for in EU law as it had effect before IP completion day. It also contains a power to amend, by regulations, the date on which those transitional provisions, and the transitional provisions in regulation 26(3) of the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) cease to have effect. Part 4 and the Schedule also contain revocations of various instruments. |
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Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 |
21/10/20 |
Farming and Animal Welfare |
This instrument will ensure that retained European Union (EU) legislation and domestic implementing legislation relating to the protection of animals at the time of their killing, during transport and the criteria for animals being kept in control posts; the use of leghold traps, the import of pelts and manufactured goods of certain wild animal species; and the prevention and management of the introduction and spread of invasive non-native species remains operable now that we have left the EU. The proposed changes will ensure that the strict protections that are in place are maintained by addressing failures of EU law to operate effectively, as well as other deficiencies, arising from the withdrawal of the United Kingdom from the EU. This instrument includes provisions related to EU Exit for Great Britain and Northern Ireland, as well as changes to domestic enforcement legislation for the United Kingdom. Changes to retained EU legislation (EU legislation preserved in UK law for legal continuity after EU Exit) and domestic (UK developed) legislation are being made in order to implement the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Withdrawal Agreement). Furthermore, the changes ensure that imports of pelts and pelt products from the EU will be treated the same as imports from any other third country. This change is in line with wider government policy regarding the United Kingdoms exit from the EU. This instrument also includes provisions to improve enforcement, which will enable enforcement officers to use discretion when transferring seized specimens to appropriate facilities, ensure the civil sanction provisions work as intended, and enable the effective implementation of emergency measures under domestic legislation for invasive non-native species. |
Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 |
22/10/20 |
Farming and Animal Welfare |
Primarily, this instrument will amend retained EU legislation to introduce a comprehensive regulatory framework for Geographical Indication (GI) schemes in the UK. This instrument also makes operability amendments for wines and spirits sector standards (non-GI). On GI schemes, this instrument corrects the retained EU Regulations that will form the legal basis for three of four schemes in Great Britain (GB) at the end of the transition period, plus amendments needed for operation of the wine GI scheme. This includes providing continued protection in GB of established UK GIs, and non-UK GIs recognised under the EU GI schemes on 31st December 2020. This instrument reflects the position of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (the Protocol). This means, for the duration of the Protocol, the territorial extent of the new GI schemes will not include Northern Ireland, which remains under the EU rules. However, as the schemes will be administered and regulated by the UK Government, they are referred to as the ˜UK GI Schemes for the remainder of this document (whilst references to the schemes territorial extent are to GB). |
Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 |
02/11/20 |
Farming and Animal Welfare |
The purpose of this instrument is to make amendments to existing EU retained Regulations governing official controls on imports to Great Britain of animals and animal products, plants and plant products, including food and other imports relevant to the agri-food chain “ collectively known as ˜sanitary and phyto-sanitary (SPS) checks. Official controls are performed at appropriately designated border control points and other points of entry, and may also be carried out at other locations, such as slaughterhouses, to verify the compliance of imported SPS goods with Official Controls Regulations (OCR). These controls are integral to the protection of human health and biosecurity in the UK, as they deliver a risk-based and closely defined regime for checking the provenance, health and lack of contamination of SPS goods before they are allowed to pass beyond the control points at the UK border. This instrument rectifies legal deficiencies arising from the withdrawal of the United Kingdom from the European Union which, if not amended, would prevent our existing, established and harmonised system of official controls on SPS imports from being able to operate after the end of the Implementation Period. For example, references in retained EU Official Controls Regulations to legislative functions of the European Commission, are amended to be exercisable instead by the UK Secretary of State or the appropriate authority of the UK Devolved Administrations. These are termed operability amendments. |
Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 |
02/11/20 |
Farming and Animal Welfare |
The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 amends the Veterinary Medicines Regulations 2013 (VMR), the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 (Residues Regulations), and the relevant retained European Union (EU) law as set out in Section 6. This instrument will ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the end of the Transition Period. The amendments to the VMR also reflect the requirements and effect of the protocol on Ireland/Northern Ireland (the Protocol). |
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 |
10/11/20 |
Farming and Animal Welfare |
This SI supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031) on protective measures against pests of plants and Regulation (EU) 2017/625) 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 (the EU Regulations) and associated implementing legislation will be made operable for GB. The result of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) is that the UK leaves the EU single market. The operability amendments contained in this instrument create a ˜single market covering GB and the Crown Dependencies. The EU will become a third country and, as a result, be subject to third country import controls. Plant health controls on material imported from third countries will continue to be applied and will focus on risks to GB, rather than risks to the EU. Internal controls will also continue to apply to movement of goods within the GB internal market. |
The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 |
10/11/20 |
Farming and Animal Welfare |
This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031 on protective measures against pests of plants and Regulation (EU) 2017/625 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 (the EU Regulations) and associated implementing legislation will be made operable for GB. |
17/11/20 |
Farming and Animal Welfare |
This instrument is required to ensure that the UK has a functioning statute book at the end of the Implementation Period (IP). It uses the power under Section 8C of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to implement the Protocol on Ireland / Northern Ireland to the withdrawal agreement (the Protocol) to amend the Seeds (National Lists of Varieties) Regulations 2001 (National Lists Regulations 2001) so that they apply to Great Britain (GB) only and makes consequential changes to the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (the Fees Regulations). |
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Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021 |
09/12/20 |
Farming and Animal Welfare |
This instrument amends the Fertilisers and Ammonium Nitrate Material (EU Exit) Regulations 2019 (œS.I. 2019/601) in light of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (œthe Protocol) to reflect the continued application of the EU law version of Regulation (EC) No 2003/2003 on fertilisers (œRegulation (EC) No 2003/2003) in Northern Ireland. S.I. 2019/601 replaces the œEC fertiliser regime provided for in the EU law version of Regulation (EC) No 2003/2003 with a new UK-wide œUK fertiliser regime which will function in the same way. The Protocol sets out that certain provisions of Union law listed in the Protocol shall apply under certain conditions in the United Kingdom in respect of Northern Ireland. Regulation (EC) No 2003/2003 is listed at Annex 2 of the Protocol. This instrument also applies the provisions of the retained EU law version of Regulation (EC) No 2003/2003, as it applies in England and Wales and Scotland, to Northern Ireland subject to modifications. This will enable the marketing of œUK fertilisers in Northern Ireland. Regulation (EC) No 2003/2003 as it has effect in EU law will continue to apply in Northern Ireland by virtue of the Protocol. |
09/12/20 |
Farming and Animal Welfare |
The purpose of this instrument is to protect biosecurity and support trade between Northern Ireland and Great Britain (œGB) by ensuring the continued functioning of plant health controls in relation to Qualifying Northern Ireland goods (œQualifying Goods) moving from Northern Ireland to GB, and within GB, following the end of the Transition Period. Regulation (EU) 2016/2031) on protective measures against pests of plants (œthe Plant Health Regulation) and tertiary legislation made under that Regulation has been incorporated into domestic law under section 3 of the European Union (Withdrawal) Act 2018 (œthe Withdrawal Act), save insofar as the legislation applies to Northern Ireland for the purposes of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (œthe Protocol). This legislation has been amended in relation to GB by the Plant Health (Amendment etc.) (EU Exit) Regulation 2020 and the Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (œthe 2020 Regulations) to deal with a range of deficiencies in the legislation arising from the withdrawal of the UK from the European Union. This instrument will make further amendments to the Plant Health Regulation (as amended by the 2020 Regulations) to deal with other deficiencies and matters arising out of, or related to, the Protocol. As a result of the Protocol, different Sanitary and Phytosanitary (œSPS) requirements now apply in GB and in Northern Ireland. The operability amendments contained in this instrument supplement the governments policy on unfettered market access for Qualifying Goods. |
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22/12/20 |
Farming and Animal Welfare |
The purpose of this instrument is to make further amendments to existing EU retained Regulations governing official controls on imports to Great Britain of animals and animal products, plants and plant products, including food and other imports relevant to the agri-food chain “ collectively known as sanitary and phyto-sanitary (œSPS) checks. Official controls are performed at appropriately designated border control points and other points of entry, and may also be carried out at other locations, such as slaughterhouses, to verify the compliance of imported SPS goods with Official Controls Regulations (œOCR). These controls are integral to the protection of human health and biosecurity in the UK, as they deliver a risk-based and closely defined regime for checking the provenance, health and lack of contamination of SPS goods before they are allowed to pass beyond the control points at the UK border. This instrument completes the full set of official controls amendments required for full SPS operability after the end of the Transition Period. The main overarching regulatory control amendments are set out in the Official Controls (Animals, Feed and Food, Plant Health Etc.) (Amendment) (EU Exit) Regulations 2020, due to come into force at 11:00 p.m. on 31 December 2020. As with the first Instrument, this further Instrument also rectifies legal deficiencies arising from the withdrawal of the United Kingdom from the European Union which, if not amended, would prevent our existing, established and harmonised system of official controls on SPS imports from being able to operate after the end of the Transition Period. For example, references in retained EU Official Controls Regulations to legislative functions of the European Commission, are amended to be exercisable instead by the Defra Secretary of State or the appropriate authority of the UK Devolved Administrations. These are termed ˜operability amendments. |
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Trade in Endangered Species of Wild Fauna and Flora (Commission Regulation (EC) No 865/2006) (Amendment) Regulations 2020 |
04/01/21 |
Farming and Animal Welfare |
Under the EU Regulations implementing the Convention on International Trade in Endangered Species (“CITESâ€), specimens of endangered species (“CITES specimensâ€) have moved freely between the UK and other EU Member States. Following the UK’s departure from the EU, and the subsequent Transition Period (“TPâ€), those moving certain CITES specimens will need to present import/(re-)export documents to a designated customs office (also referred to as a point of entry/exit (“PoEâ€)). The purpose of this instrument is to set the criteria for authorising traders, individuals or their representatives, who mistakenly use a non-designated PoE in respect of import or (re-)export to or from Great Britain, to do so on one occasion after the end of the TP. |
Cat and Dog Fur (Control of Movement etc.) (EU Exit) Regulations 2021 |
12/01/21 |
Farming and Animal Welfare |
The purpose of this SI is to recognise the public’s high regard for the welfare of cats and dogs; and complement and build upon the existing suite of EU Exit instruments covering public morality, animal and aquatic health and welfare, such as the Seal Products (Amendments) (EU Exit) Regulations 2018 amending retained EU legislation and existing United Kingdom legislation on seal products from commercial hunts, so that they continue to be operable. This instrument is made under sections 8 and 8C of the EU (Withdrawal) Act 2018 (“the EUWAâ€). a. This instrument amends the retained domestic version of Regulation (EC) 1523/2007 of the European Parliament and of the Council (“the EC Regulationâ€), in order to make sure that the ban on the placing on the market, import and export of cat and dog fur, and products containing such fur continue to operate effectively. Part 2 of this instrument amends the retained domestic version of the EC Regulation so as to: remove references to the European Commission as these are no longer relevant to the United Kingdom in respect of Great Britain; amend inappropriate references to the European Union, replacing them with references to Great Britain; remove references to EU customs legislation (which has been replaced in its application to the United Kingdom in respect of Great Britain by provisions in the Taxation (Cross-Border Trade) Act 2018 and in regulations made under that Act) and replace these with references to domestic legislation where required; transfer to the Secretary of State the existing power of EU Member States to derogate, by way of provision in regulations, from the general prohibition contained in the EC Regulation; derogate from the general prohibition to enable the movement of cat and dog fur and products containing such fur from Northern Ireland to Great Britain and so does not prevent unfettered market access for goods moving between Northern Ireland and other parts of the United Kingdom’s internal market as permitted by Article 6(1) of the Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement. b. Part 3 of this instrument amends The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 (S.I. 2008/2795) (“the domestic Regulationsâ€), as those Regulations apply in Great Britain, to provide for the imposition of penalties for contravening the prohibition in the retained domestic version of the EC Regulation as it applies in Great Britain. c. Part 4 of this instrument makes separate provision in the domestic Regulations in respect of Northern Ireland to apply similar penalties for contravening the prohibition under Regulation (EC) 1523/2007, as it directly applies to and in the United Kingdom in respect of Northern Ireland by virtue of section 7A of the EUWA and Annex 2 of the Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement. d. This instrument has United Kingdom wide extent. However, the amendments made by Parts 2 and 3 apply in relation to Great Britain only. The amendments made by Part 4 apply in relation to Northern Ireland only by virtue of section 7A of the EUWA and Annex 2 of Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement pursuant to which the EC Regulation continues to be directly applicable in Northern Ireland. |
SI Title |
Laid Date |
Policy Area |
Summary |
24/07/18 |
Farming and Animal Welfare |
The Seal Products (Amendments) (EU Exit) Regulations 2018 are being made under section 8(1) of, and Paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 to amend retained EU legislation and existing United Kingdom legislation in order to ensure that the ban on imports of seal products from commercial hunts will continue to operate effectively after we leave the EU. The minor and technical changes made by the instrument are necessary to ensure that retained EU legislation and the domestic EU legislation enforcing it continues to operate effectively. The changes made to ensure that it operates effectively include the removal of references to the EU , Union and the Commission and replaced with the United Kingdom and the Secretary of State . It also removes references to ensuring free movement within the EU (which will no longer be relevant), Member State requirements to lay down rules for enforcement (which the UK already has in place in domestic legislation), and requirements to report to, or notify the EU Commission of, information on actions taken to implement the EU legislation in the UK. |
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Animals (Scientific Procedures) Act 1986 (EU Exit) Regulations 2018 |
01/10/18 |
Farming and Animal Welfare |
These regulations amend the Animals (Scientific Procedures) Act 1986 to ensure a seamless animals in science regulatory system, following the UK's withdrawal from the European Union. Mandatory requirements for the UK to provide information or assistance to the European Commission or Member States are cancelled. These regulations do not create any new requirements for those that operate under ASPA, nor will they create any new functions for the Home Office animals in science regulator. |
Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2018 |
01/11/18 |
Farming and Animal Welfare |
This instrument amends legislation relating to fertilisers, addressing failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). They also in part amend domestic legislation that is out of date. |
07/11/18 |
Farming and Animal Welfare |
This instrument is being made using powers in the European Union (Withdrawal) Act 2018 in order to address deficiencies and failures of retained direct EU legislation relating to exotic notifiable disease in livestock to ensure such legislation is fully operable and operates effectively after the United Kingdom leaves the European Union. A notifiable disease is one where owners and their veterinarians are obliged to notify the Department of suspicion of the relevant disease. |
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13/11/18 |
Farming and Animal Welfare |
The purpose of the Animal Welfare (Amendment) (EU Exit) Regulations 2018 is to ensure that three pieces of direct EU legislation will be fully operable when the UK leaves the EU. The instrument concerns animal welfare which as a devolved matter and is implemented and enforced by EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 and relates to the protection of the welfare of animals whilst being transported, kept at control posts or at the time of their killing. This instrument will enable this retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union. |
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Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018 |
14/11/18 |
Farming and Animal Welfare |
To ensure that retained EU legislation on the identification and registration of livestock will continue to be operable in the UK after the UK leaves the EU. To ensure that these species are traceable for the purposes of disease control the relevant EU law sets out how these species must be identified, what records their keepers must maintain, how they must report their animal's movements, and how central competent authorities must record this information on central databases.Minor and technical changes made by the instrument are necessary to ensure that the retained EU legislation continues to operate effectively. The changes made to ensure that it operates effectively include the removal of references to the EU , Union and the Commission and their replacement with terms such as the United Kingdom and the Appropriate Minister . It also removes references to requirements to report to, or notify to the EU Commission information on actions taken to implement the EU legislation “ such as the results of on farm compliance inspections. |
Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 |
15/11/18 |
Farming and Animal Welfare |
The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 is being made under section 8(1) of the European Union (Withdrawal) Act 2018 to amend retained EU legislation and existing United Kingdom legislation. This instrument ensures that EU and UK legislation establishing the regime that controls and enforces the movement, release and marketing of genetically modified organisms will continue to be operable when the UK leaves the European Union. |
Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The purpose of these Regulations is to ensure that direct EU legislation regarding equine identification and retained by section 3 of the EU (Withdrawal) Act 2018 remains operable once the UK leaves the EU. The current system of equine identification is set out in EU legislation, primarily by Commission Implementing Regulation (EU) 2015/262 (Equine Passport Regulation). The aim is to retain a robust system of equine identification to support high standards of equine biosecurity, enforcement, food safety, fraud prevention, welfare and international trade. |
20/11/18 |
Farming and Animal Welfare |
This instrument amends legislation relating to organic products, addressing failures of domestic legislation and other deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). The instrument does not make substantive changes to policy. Separate instruments relating to organic products will be introduced to address failures of retained EU law to operate effectively arising from the withdrawal of the UK from the EU. |
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Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018 amend retained EU law which protects human health against zoonotic disease (in particular, salmonella) so that it will continue to be operable after the UK leaves the EU. Zoonotic diseases are those that may transfer from animals to humans. |
Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
20/11/18 |
Farming and Animal Welfare |
The Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 ensure that the Northern Ireland legislation, which implements and provides enforcement powers for EU Directives protecting human health against zoonotic disease, will continue to be operable in Northern Ireland after the UK leaves the EU. |
21/11/18 |
Farming and Animal Welfare |
This instrument amends three separate domestic regulations, and revokes one, relating to the implementation of the European Union (EU) Common Agricultural Policy (CAP) and also amends one Order concerned with the Agriculture and Horticulture Development Board (AHDB), in order to address operability issues created by the UK leaving the EU. The amendments will ensure this legislation continues to operate effectively after EU Exit. |
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22/11/18 |
Farming and Animal Welfare |
The purpose of this EU exit instrument is to ensure that five pieces of direct EU legislation will be fully operable when the UK leaves the EU. It relates to animal disease prevention which is a devolved matter and is implemented and enforced by similar EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 (the Withdrawal Act) and relates to the control and eradication of transmissible spongiform encephalopathies (TSEs) and to the use, disposal, placing on the market and import of animal by-products (ABPs). This instrument will enable the retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union. |
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Fertilisers (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
22/11/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland legislation relating to fertilisers, addressing deficiencies arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). |
Official Controls (Animals, Feed and Food) (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
22/11/18 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007 (the 2007 Regulations) continue to be operable in Northern Ireland after the UK leaves the EU. The 2007 Regulations apply and enforce the animal health and welfare elements and certain feed and food elements of Regulation (EC) No.882/2004 in Northern Ireland. |
26/11/18 |
Farming and Animal Welfare |
The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residues Limits) (Amendment etc.) (EU Exit) Regulations 2018 amend the Veterinary Medicines Regulations 2013 (VMR) and the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 (Residues Regulations) and amend and revoke relevant retained direct EU legislation to ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the UK leaves the EU. |
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29/11/18 |
Farming and Animal Welfare |
This instrument will ensure that retained direct EU legislation animal breeding legislation remains operable after we leave the EU. |
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Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
These instruments amend retained European Union (EU) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy (CAP). These instruments will address operability issues created by the United Kingdom ( UK) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit. |
29/11/18 |
Farming and Animal Welfare |
These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013 |
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Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013 |
Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
29/11/18 |
Farming and Animal Welfare |
This instrument addresses deficiencies in Northern Ireland legislation relating to exotic diseases arising from the withdrawal of the United Kingdom (UK) from the European Union (EU) to ensure that it can continue to operate after the UK leaves the EU. |
Animal Health and Welfare (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
30/11/18 |
Farming and Animal Welfare |
The instrument ensures that the Northern Ireland legislation which implements EU Directives protecting the welfare of animals on-farm and the registration of establishments with laying hens will continue to be operable in Northern Ireland after the UK leaves the EU. It also ensures that the Northern Ireland legislation which provides enforcement powers (and, in some cases, stricter national rules) to support EU Regulations on the protection of the welfare of animals at the time of killing and during transport will continue to be operable and enforceable in Northern Ireland after the UK leaves the EU. |
30/11/18 |
Farming and Animal Welfare |
The instrument ensures that the Northern Ireland legislation which implements and provides enforcement powers for EU legislation on the recording, identification and movement of livestock will continue to be operable in Northern Ireland after the UK leaves the EU. |
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Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2018 |
05/12/18 |
Farming and Animal Welfare |
As a form of intellectual property protection, plant breeders' rights allow businesses to control seed and other propagating material of new varieties, allowing them to recoup the long term investment in their development. This instrument amends existing UK plant variety rights legislation to address deficiencies resulting from the UK's withdrawal from the EU. It revokes the principal EU Regulation (Council Regulation 2100/94) and implementing EU legislation and where appropriate amends domestic legislation to save EU provisions. This instrument gives effect to Community plant variety rights (CPVR), intellectual property rights for new varieties of plants in the EU, in the United Kingdom provided that they were granted up to two months before exit day (and provides for unresolved CPVR applications at exit). It also provides a framework of protection in part through the application of the Plant Varieties Act 1997 (the Act). |
Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 |
06/12/18 |
Farming and Animal Welfare |
The purpose of the Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 is to ensure that legislation relating to the prevention and management of the introduction and spread of invasive non-native species remains operable after we leave the EU and that the strict protections that are in place for these species are maintained. This instrument makes corrections to one piece of directly applicable EU legislation and the implementing and delegated legislation under it, and also corrects an operability issue in the Destructive Imported Animals Act 1932. There is no change to policy. |
06/12/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland EU derived legislation relating to seed and propagating material, addressing deficiencies arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). |
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Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
12/12/18 |
Farming and Animal Welfare |
This instrument is one of a set of three statutory instruments that will make corrections to the EU plant protection product regulatory regime, so that it can continue to operate effectively after the United Kingdom (UK) leaves the European Union (EU). This instrument makes amendments to secondary legislation relating to that regime. In preparation for EU Exit, the instrument also amends domestic legislation to transfer functions under the EU pesticides legislation to the Welsh Ministers. Finally, the instrument updates out of date references and provisions in the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003. |
Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This SI makes amendments to the Farriers (Registration) Act 1975, the Animal Health Act 1981 and three pieces of secondary legislation made under the Veterinary Surgeons Act 1966, in order to address deficiencies arising from the United Kingdom's withdrawal from the European Union. |
Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument is one of three that will make corrections to the converted EU plant protection product regulatory regime, so that it continues to operate effectively after the United Kingdom (UK) leaves the European Union (EU). The instrument makes appropriate corrections to Regulation (EC) No 396/2005 to ensure that after EU Exit, effective arrangements and robust controls governing the level of residues permitted in food will continue to operate in the UK. |
Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument is one of a set of three statutory instruments that will make corrections to the EU plant protection product regulatory regime so that it can continue to operate effectively after the United Kingdom leaves the European Union. This instrument makes the necessary amendments to Regulation (EC) No 1107/2009 and other associated retained direct EU legislation to ensure that, after EU Exit, effective arrangements and robust controls currently in place which govern the authorisation of, marketing and use of plant protection products continue to operate. It also transfers legislating powers from Directive 2009/128/EC on sustainable use of pesticides, allowing the future amendment of the annexes to that Directive as they have been transposed into domestic law. |
Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This SI makes amendments to the Veterinary Surgeons Act 1966 and the Animal Welfare Act 2006 in order to address deficiencies arising from the United Kingdom's withdrawal from the European Union. |
Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
13/12/18 |
Farming and Animal Welfare |
This instrument makes minor, technical amendments to Northern Ireland legislation relating to pesticides, addressing deficiencies arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). |
Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2018 |
17/12/18 |
Farming and Animal Welfare |
These instruments amend retained European Union (EU) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy (CAP). These instruments will address operability issues created by the United Kingdom ( UK) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit. |
Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
18/12/18 |
Farming and Animal Welfare |
This instrument will make necessary changes, which arise as a result of the UK leaving the European Union, to domestic legislation which ensures the regime for the control and marketing of Genetically Modified Organisms (˜GMO') in Northern Ireland will continue to be operable when the UK leaves the EU. |
Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
18/12/18 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that Northern Ireland legislation relating to the controls and standards applied to trade in animals, animal products and bees and non-commercial movement of pet animals continues to be operable after the UK leaves the EU. |
19/12/18 |
Farming and Animal Welfare |
The Plant Health (EU Exit) Regulations 2019 correct deficiencies in domestic legislation which implements EU Directive 2000/29/EC on measures to protect plant health and in retained direct EU legislation relating to plant health arising in consequence of the United Kingdom's withdrawal from the EU in a ˜no deal' scenario. |
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15/01/19 |
Farming and Animal Welfare |
The purpose of this instrument is to ensure that the Mechanically Recovered Meat (Export Prohibition) Order (Northern Ireland) 1995, the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015 and the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018 continue to be operable in Northern Ireland after the UK leaves the EU. The existing legislation applies and enforces rules regarding animal by-products not intended for human consumption and lays down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs). This instrument will introduce amendments using correcting powers in the European Union (Withdrawal) Act 2018 to address operability deficiencies in the existing legislation. No substantive policy changes will be made by this instrument. |
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21/01/19 |
Farming and Animal Welfare |
This instrument provides for a series of legislative functions that are currently conferred by European Union (EU) legislation upon the European Commission (the Commission) to be exercisable instead by public authorities in the United Kingdom ( UK), so that they can be exercised at national level after the UK leaves the EU. The EU Regulations concerned cover animal health and welfare. The powers were provided to the European Commission through directly applicable European Regulations agreed with the member states. In each case, the legislative function is conferred upon the Commission so that it can develop the technical details of the specific regime, without the frequent need to refer back to the EU Council and Parliament. Examples of these functions include specifying forms to be used and amending technical annexes. This instrument does not make changes to substantive policy content. It provides for the legislative function in each case to be exercisable by UK authorities. This is to ensure that the regimes continue to function smoothly, without the need for primary legislation every time a change to technical matters is required. Without establishing powers we would be unable to bring forward measures which the European Commission currently has authority to do on behalf of member states. The regimes will continue to function in a similar way to how they did previously. This instrument changes the identity of the bodies carrying out the specified functions and converts the EU procedures to UK procedures as appropriate. |
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Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 |
22/01/19 |
Farming and Animal Welfare |
This instrument makes minor, drafting amendments to ten Northern Ireland Statutory Rules in order to ensure operability of those Rules after the United Kingdom leaves the European Union. It does not introduce a change to policy. It ensures the continuity of a functioning statute book in Northern Ireland. |
04/02/19 |
Farming and Animal Welfare |
The Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 (the instrument) amends retained EU law and domestic legislation relating to official controls on food and feed to ensure its operability following the United Kingdom's departure from the European Union (EU). It is intended to protect public health, animal health and animal welfare whilst providing continuity for business operators and trade. Official controls legislation sets rules and operational standards for the verification of food and feed law by competent authorities in the United Kingdom such as the Food Standards Agency (FSA) and the Animal and Plant Health Agency (APHA). This instrument amends references to EU institutions and systems in order that the legislation is operable in the United Kingdom following our departure from the EU. The instrument amends EU law in the form of directly applicable Regulation (EC) No. 882/2004, Regulation (EU) No 2017/625, Commission Decision 2006/677/EC and Commission Decision 2008/654/EC. It also amends two pieces of implementing domestic legislation which apply to England only, the Meat (Official Controls Charges) (England) Regulations 2009 (SI 2009 No. 1574) and the Official Feed and Food Controls (England) Regulations 2009 (SI 2009 No. 3255). |
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05/02/19 |
Farming and Animal Welfare |
The Animal Feed (Amendment) (EU Exit) Regulations 2019 (the instrument) are being made to fix inoperabilities in the retained EU legislation on animal feed; namely Regulation (EC) No 1831/2003, Regulation (EC) No 183/2005, Regulation (EC) No 378/2005, Regulation (EC) No 429/2008, Regulation (EC) No 152/2009, Regulation (EC) No 767/2009, Regulation, Regulation (EU) No. 892/2010, (EC) No 619/2011, Regulation (EC) No. 68/2013, and Regulation (EU) No 2015/786 that will arise as a consequence of the UK's exit from the European Union (EU). This instrument is a legislative consequence of the UK's decision to leave the EU and will apply from day 1 of withdrawal from the EU in order to ensure the continued safety of animal feed. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to food and feed (animal feed) policy and legislation. |
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05/02/19 |
Farming and Animal Welfare |
The Sprouts and Seeds (Amendment)(EU Exit) Regulations 2019 (the instrument) is being made to fix the inoperabilities of retained EU law, namely Regulation (EU) No 208/2013, Regulation (EU) No. 210/2013 and Regulation (EU) No 211/2013 (the Regulations) to ensure the continued safety of sprouts and seeds intended for sprouting supplied on the UK market. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to the Sprouts and Seeds legislation. |
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Agriculture (Legislative Functions) (EU Exit) Regulations 2019 |
13/02/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP) and the European Maritime and Fisheries Fund (EMFF), which currently confer legislative functions on the European Commission (the Commission). Under the amendments, these functions will instead be exercisable by public authorities in the United Kingdom (UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
13/02/19 |
Farming and Animal Welfare |
The Common Agricultural Policy (CAP) was created by the European Union (EU) to provide financial support to farmers and land managers in Member States. These instruments will change the retained EU CAP cross-cutting ( Horizontal) regulations to enable it to work effectively after EU Exit. They will create an agricultural legal framework in the UK that will enable the following land management support measures to continue to work effectively after EU Exit: i. Direct Payments to farmers (CAP Pillar 1); ii. Rural Development Programme schemes (Countryside Stewardship and Environmental Stewardship) (CAP Pillar 2); and iii. Market support and responding to a market crisis in the agricultural sector, as provided for under retained EU CAP Common Organisations of Agricultural Markets (CMO) legislation (CAP Pillar 1). |
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13/02/19 |
Farming and Animal Welfare |
The Common Agricultural Policy (CAP) was created by the European Union (EU) to provide financial support to farmers and land managers in Member States. These instruments will change the retained EU CAP cross-cutting (Horizontal) regulations to enable it to work effectively after EU Exit. They will create an agricultural legal framework in the UK that will enable the following land management support measures to continue to work effectively after EU Exit: i. Direct Payments to farmers (CAP Pillar 1); ii. Rural Development Programme schemes (Countryside Stewardship and Environmental Stewardship) (CAP Pillar 2); and iii. Market support and responding to a market crisis in the agricultural sector, as provided for under retained EU CAP Common Organisations of Agricultural Markets (CMO) legislation (CAP Pillar 1). |
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13/02/19 |
Farming and Animal Welfare |
This instrument amends retained European Union (EU) legislation relating to the common organisation of agricultural markets (Common Market Organisation or CMO) with a common objective of, directly or indirectly, supporting prices received by agricultural producers. This instrument will address operability issues created by the United Kingdom (UK) leaving the EU relating to reserved policy areas in the CMO to ensure that the CMO can continue to operate effectively after EU Exit. The instrument will also address operability issues created by the UK leaving the EU in relation to the reserved policy area of checks relating to protected designations of origin and geographical indications in the EU Common Agricultural Policy (CAP) cross-cutting (Horizontal) legislation. |
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13/02/19 |
Farming and Animal Welfare |
This Explanatory Memorandum covers four statutory instruments which together amend retained European Union (EU) legislation relating to the Common Market Organisation (CMO) with a common objective of, directly or indirectly, supporting prices received by agricultural producers, and the Agri-Promotion scheme. These instruments will address operability issues created by the United Kingdom (UK) leaving the EU. These instruments will ensure that the CMO can continue to operate effectively after EU Exit. 2.2 The four instruments are as follows: The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments) (EU Exit) Regulations 2019, The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019, The Market Measures Payment Schemes (Miscellaneous Amendments) (EU Exit) Regulations 2019, The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019. These four instruments amend the retained EU legislation providing rules for the functioning and administration of the Common Organisation of Agricultural Markets and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal) Act 2018. |
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Agriculture (Legislative Functions) (EU Exit) (No.2) Regulations 2019 |
14/02/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP), the Common Organisation of Agricultural Markets (CMO) and organic food and feed, which are currently carried out by the European Commission (the Commission). Under the amendments, these functions will instead be exercisable by public authorities in the United Kingdom (UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 |
14/02/19 |
Farming and Animal Welfare |
The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations amends domestic regulations, retained and directly applicable EU regulations and directly applicable EU decisions, which implement different European regulations and directives related to: i) natural mineral waters (NMWs), ii) spirits; iii) food labelling; iv) wines and aromatised wines; v) genetically modified organisms (release to the environment) (GMOs); and vi) animal health to ensure that the existing policy regimes can continue to operate effectively after the UK leaves the EU |
21/02/19 |
Farming and Animal Welfare |
This instrument uses powers under section 8 of the European Union (Withdrawal) Act 2018 (œthe Act) to make a number of minor, technical amendments to Northern Ireland EU derived legislation, which were not able to be included in earlier European Union (œEU) exit SIs to ensure that all deficiencies, arising from the withdrawal of the United Kingdom (œUK) from the European Union, have been addressed. It covers a number of policy areas: animal health, plant health, the marketing of seed and propagating material and seed potatoes. |
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Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
13/03/19 |
Farming and Animal Welfare |
This instrument uses powers under section 8 of the European Union (Withdrawal) Act 2018 (œthe Act) to make a number of minor, technical amendments to Northern Ireland EU derived legislation, which were not able to be included in earlier European Union (œEU) exit SIs to ensure that all deficiencies, arising from the withdrawal of the United Kingdom (œUK) from the European Union, have been addressed. It covers a number of policy areas: animal health, food and the marketing seed potatoes. |
Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
05/04/19 |
Farming and Animal Welfare |
This instrument amends five EU Exit statutory instruments previously laid by Defra to ensure that: a. Recent amendments by the European Commission (the Commission) to European Union (EU) Common Agricultural Policy (CAP) legislation are fully reflected in United Kingdom (UK) law at the point of EU Exit; and b. Minor drafting errors in CAP-related EU Exit statutory instruments are corrected before these instruments come into effect. The statutory instruments amended by this instrument in order to take account of recently introduced EU legislation relating to CAP Direct Payments and marketing standards in the fruit and vegetables sectors, are: The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019, which themselves amend retained EU legislation relating to Direct Payments to farmers provided under agricultural support schemes within the CAP; and The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019, which themselves amend retained EU legislation relating to marketing standards in the fruit and vegetables sectors provided under the Common Organisation of Agricultural Markets (CMO) framework of the CAP. |
Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
08/04/19 |
Farming and Animal Welfare |
These Regulations make technical corrections to Northern Ireland's secondary domestic legislation arising from the withdrawal of the United Kingdom (œUK) from the European Union (œEU). The domestic legislation transposes EU Directives protecting plant health, marketing of seed, propagating material and other legislation relating to plant health. |
Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
10/06/19 |
Farming and Animal Welfare |
This instrument makes drafting amendments to six Northern Ireland Statutory Rules (SRs) in order to ensure operability of those SRs as a result of the United Kingdoms exit from the European Union. It also amends four Northern Ireland EU Exit Statutory Instruments (SIs). It does not introduce any changes to policy and simply ensures the continuity of a functioning statute book in Northern Ireland. |
19/06/19 |
Farming and Animal Welfare |
This instrument makes a number of amendments to the retained direct EU legislation which forms the plant protection product and maximum residue level ( ˜MRLs ) regulatory regimes, so that they can continue to operate effectively after the United Kingdom leaves the European Union. Some of the required amendments are as a consequence of the change in exit day from 29th March which impacts on various dates specified in the retained law. Further new EU legislation has also come into force during the extension period, which needs to be amended in order to correct deficiencies arising from exiting the European Union. This instrument also fixes a number of errors in earlier instruments made under section 8(1) of the European Union (Withdrawal) Act 2018 ( ˜the Withdrawal Act ). |
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22/07/19 |
Farming and Animal Welfare |
This instrument makes technical changes to earlier EU Exit SIs to take account of various recent EU instruments relating to plant health. It will ensure that this recent EU legislation forms part of the retained EU law relating to plant health on exit day. It also amends primary legislation relating to plant health to remove references to EU obligations. |
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24/07/19 |
Farming and Animal Welfare |
This SI and the Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which itself amends retained European Union ( EU) legislation relating to the Common Agriculture Policy (CAP) to enable it to work effectively after the UK s withdrawal from the EU. The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies. A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum. |
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24/07/19 |
Farming and Animal Welfare |
This SI and the Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which itself amends retained European Union ( EU) legislation relating to the Common Agriculture Policy (CAP) to enable it to work effectively after the UK s withdrawal from the EU. The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies. A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum. |
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Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
25/07/19 |
Farming and Animal Welfare |
This instrument amends provisions of European Union (EU) legislation relating to the EU Common Agricultural Policy (CAP) and the Common Organisation of Agricultural Markets (CMO), including in particular a number of legislative functions which are currently carried out by the European Commission (the Commission). Under the amendments, these functions will instead be carried out by public authorities in the United Kingdom ( UK). This will enable these legislative functions to continue to be used at a national level after the UK leaves the EU. |
25/07/19 |
Farming and Animal Welfare |
This instrument amends retained European Union (EU) legislation relating to the common organisation of agricultural markets (Common Market Organisation or CMO). This instrument will address operability issues created by the United Kingdom (UK) leaving the EU. This instrument will ensure that the CMO can continue to operate effectively after EU Exit. This instrument also makes minor amendments to retained EU law relating to support for rural development and the maritime and fisheries fund. This is to address operability issues created by EU Exit and ensures that the retained EU law can continue to operate effectively in a UK context. |
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Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 |
05/09/19 |
Farming and Animal Welfare |
This instrument makes a number of technical changes to existing instruments and takes into account recent changes to EU legislation that were settled in the EU too late to be included in earlier EU Exit SIs. It also corrects minor errors in earlier EU Exit statutory instruments. It will ensure that retained EU law continues to operate effectively after the UK leaves the EU. This instrument makes minor amendments to previously laid EU Exit instruments in the following subject areas: In Part 2, Transmissible Spongiform Encephalopathies (TSEs) and Animal By-Products (ABPs); and In Part 3, Genetically Modified Organisms (GMOs) |
05/09/19 |
Farming and Animal Welfare |
The purpose of this instrument is to make technical operability changes under Section 8 of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to existing EU legislation. Relevant EU legislation delegates to the EU Commission the legislative power to add, vary or remove a country from lists of approved third countries. This instrument makes these legislative powers that are contained within EU Directives operable upon EU withdrawal and allows the UK to align with the EU and approve third countries for the purpose of animal and product imports. This instrument supports the UK s application to be listed as a third country by the EU for live animals and animal products. The UK s application was approved by the EU in April 2019 as having met the minimum requirements at that time. Given the change in exit day to 31st October 2019, we are using this opportunity to ensure we are as prepared as we can be to support all possible requirements of listing. In transferring EU Commission powers to approve third countries for the purpose of animal and product imports, this will ensure the UK could adapt its own list of approved countries to retain its EU listing, should the long-term situation change after exit day. It will also allow for the longer-term removal of third countries from our approval list, should their biosecurity risk change significantly after exiting the EU, supporting our existing powers to exercise import controls. Parts 2 and 3 of this instrument transfer these delegated legislative powers from the Commission to the Secretary of State if consent is given by the Welsh Ministers in relation to Wales, the Scottish Ministers in relation to Scotland, and the Department of Agriculture, Environment and Rural Affairs (DAERA) in relation to Northern Ireland following their involvement in an assessment of the suitability of a third country to be approved to export such goods and animals into the United Kingdom. Parts 4 and 5 of this instrument also makes further operability amendments to a previously made EU exit statutory instrument, and into domestic regulations in England and Northern Ireland relating to the trade in animals and animal products. No policy changes are being introduced by these amendments, which are technical in nature. However, the Secretary of State with the consent of devolved appropriate authorities may publish lists of those animals and products that require or are exempted from border veterinary checks. Part 6 makes an amendment to correct a cross-reference to the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 ( ˜the Veterinary Surgeons Instrument ). |
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07/10/19 |
Farming and Animal Welfare |
The Welfare of Animals at the Time of Killing (England and Northern Ireland) (Amendment) (EU Exit) Regulations 2019 amend the definitions of evidence of training and examination in regulation 3 of the Welfare of Animals at the Time of Killing (Northern Ireland) Regulations 2014 (S.R. 2014 No. 107) (the 2014 Regulations) and the Welfare of Animals at the Time of Killing (England) Regulations 2015 (S.I. 2015/1782) (the 2015 Regulations). The amendments mean that an individual wishing to apply for a certificate of competence (which is needed in order to kill animals or carry out related operations in a slaughterhouse) may rely on approved training and examination undertaken in the Republic of Ireland. This change is required to ensure that the UK Government meets its obligations under the UK-Ireland Common Travel Area. |
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07/10/19 |
Farming and Animal Welfare |
This instrument makes drafting amendments to Northern Ireland domestic legislation in order to ensure operability following the United Kingdoms exit from the European Union (EU). It also amends Northern Ireland EU Exit Statutory Instruments (SI) to update earlier amendments made to Northern Ireland secondary legislation. The instrument amends two Northern Ireland EU Exit SIs (the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 to update earlier operability changes, to amend a drafting error and thus ensure that the legislation amended by these SIs are fully operable after EU Exit. The instrument does not introduce any changes to policy and simply ensures the operability of a functioning statute book in Northern Ireland post EU Exit. |
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Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 |
31/01/20 |
Farming and Animal Welfare |
This instrument and the Rules for Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union (EU) law governing the Direct Payment schemes for farmers established under the Common Agricultural Policy (CAP) in respect of claim year 2020, which runs from 1 January 2020 to 31 December 2020. This is in order to address operability issues created by the United Kingdom (UK) leaving the EU. The amendments will enable that retained EU law to operate effectively in the UK after EU Exit for claim year 2020. |
Rules for Direct Payments to Farmers (Amendment) Regulations 2020 |
31/01/20 |
Farming and Animal Welfare |
This instrument and the Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union (EU) law governing the Direct Payment schemes for farmers established under the Common Agricultural Policy ( CAP) in respect of claim year 2020, which runs from 1 January 2020 to 31 December 2020. This is in order to address operability issues created by the United Kingdom (UK) leaving the EU. The amendments will enable that retained EU law to operate effectively in the UK after EU Exit for claim year 2020. |
28/04/20 |
Farming and Animal Welfare |
The need for this instrument arises from the fact that the EU law governing the 2020 Direct Payment schemes for farmers established under the Common Agricultural Policy (CAP) was incorporated into UK law on exit day, rather than at the end of the Implementation Period (IP) established under the EU Withdrawal Agreement. It ensures that the retained Direct Payments legislation is treated in the same way as legislation retained under the European Union (Withdrawal) Act 2018 (the 2018 Act). This is necessary to ensure the UK statute book works coherently and effectively. For example, it provides clarity on how cross-references to EU regulations governing the 2020 Direct Payment schemes should be read. |
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09/06/20 |
Farming and Animal Welfare |
This instrument amends the retained EU law governing the 2020 Direct Payment schemes for farmers. This EU law became domestic law at 11:00pm on 31st January 2020 (exit day) further to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (the DPLC Act). The amendments in this instrument confirm the euro to sterling exchange rate for payments under these schemes. This instrument also addresses other operability issues arising from the UK s exit from the EU that were not fully dealt with at the time. The amendments will enable the retained EU law to operate effectively in the UK for claim year 2020, with no ambiguity. |
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09/06/20 |
Farming and Animal Welfare |
This instrument amends the UK s national ceiling and net ceiling for Direct Payments for claim year 2020. These financial ceilings are used to calculate payments to farmers under the Direct Payment schemes. The amendments to the ceilings made by this instrument take account of previous policy decisions made by the Government and Devolved Administrations, including concerning the transfer of funds for rural development measures. The amendments also take account of the findings of the Bew Review concerning the allocation of farm support funding in the UK. This Statutory Instrument replaces one of the same name laid on 4 June 2020 and withdrawn on 9 June. |
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Vegetable Plant Material and Seed (Miscellaneous Amendments) Regulations 2020 |
09/06/20 |
Farming and Animal Welfare |
This instrument amends: the Marketing of Vegetable Plant Material Regulations 1995 (the 1995 Regulations); the Seeds (National Lists of Varieties) Regulations 2001 (the 2001 Regulations); and the Seed Marketing Regulations 2011 (the 2011 Regulations). This instrument is required to ensure that the United Kingdom fulfils its obligations under the Withdrawal Agreement to transpose EU law into domestic legislation until the end of the Implementation Period (31st December 2020). We are therefore transposing Commission Implementing Directive (EU) 2019/990 amending the list of genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC (the 2019 Directive).We are also transposing Commission Implementing Directive (EU) 2020/432 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) ( the 2020 Directive). The 2020 Directive rectifies an error made by the 2019 Directive, by reinstating the definition of vegetables in Directive 2002/55/EC on the marketing of vegetable seed. This instrument changes the common names of certain vegetable species in accordance with the grouping used in the International Code of Nomenclature for Cultivated Plants. It also brings hybrids between the species and groups listed into the scope of the 2011 Regulations. The changes aim to provide greater clarity for businesses in terms of the species covered by the scope of the regulations amended by this instrument. This instrument also brings into line the species Cichorium intybus L (Chicory) with Commission Implementing Decision (EU) 2017/478. This Commission Implementing Decision releases certain Member States from the obligation to apply Directive 2002/55/EC to certain species. This instrument therefore extends the derogation from the requirement to provide a national list and restrict marketing in the 2001 Regulations, to the entire species. |
Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 |
21/07/20 |
Farming and Animal Welfare |
This instrument amends the Plant Breeders Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204) (the 2019 Regulations) and the Animal Health, Invasive Alien Species, Plant Breeders Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220). Together with the 2019 Regulations, this instrument implements the UK s obligation under the Withdrawal Agreement (WA) relating to Community plant variety rights (CPVR). Relatively few amendments are made by this instrument because the 2019 Regulations anticipated most of the provisions of the WA. |
Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2020 |
16/09/20 |
Farming and Animal Welfare |
These Regulations make amendments to the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019. They substitute references to exit day with references to IP completion day . |
Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020 |
05/10/20 |
Farming and Animal Welfare |
The European Union (Withdrawal) Act 2018 (the Withdrawal Act) converts and preserves EU law at the end of the transition period between the UK and the EU into domestic law (retained EU law). If retained EU law relating to the Common Agricultural Policy (CAP) was not amended, it would contain inoperable rules that would prevent the UK government and the Devolved Administrations from being able to deliver agricultural and market support schemes currently run under the CAP to the agricultural sector. This instrument uses powers in the Withdrawal Act to correct these deficiencies. The EU Exit SIs being amended would not have the right effect as they would not reflect the change in the legislative position following the Withdrawal Agreement between the UK and the EU, the Direct Payments to Farmers (Legislative Continuity) Act 2020 and amendments which have been made to EU Regulations since the EU Exit SIs were made. In relation to public intervention and private storage aid, the amendments made by the EU Exit SIs would have the wrong effect operationally if not amended. This instrument makes a number of changes: Firstly, this instrument makes provision to clarify the position of certain EU Regulations which were incorporated into domestic law with effect from exit day insofar as relating to direct payments and incorporated with effect from the end of the transition period (IP completion day) for remaining purposes, and amends or revokes a number of earlier EU Exit SIs to reflect that those SIs will not apply in relation to direct payments following the withdrawal agreement and the Direct Payments to Farmers (Legislative Continuity) Act 2020 and regulations made under it. Secondly, this instrument makes some limited amendments to previous EU Exit SIs where retained EU law is affected by the Northern Ireland Protocol. Thirdly, this instrument makes amendments to previous EU Exit SIs to ensure UK paying agencies are able to continue complying with EU rules for the purposes of Article 138 of the Withdrawal Agreement. Fourthly, this instrument amends previous rural development EU Exit SIs, which were made before a Withdrawal Agreement was signed between the UK and the EU, and which now consequently need to be updated to reflect the new position; a small number of additional amendments are made in order to ensure rural development rules continue to function effectively at the end of the transition period. Fifthly, this instrument makes amendments to earlier EU Exit SIs that set rules for Public Intervention (PI) and Private Storage Aid (PSA) schemes set out in the Common Organisation of Agricultural Markets (CMO) regime. These amendments will ensure provisions relating to the setting of prices for the intervention tendering process can be run administratively, which is in keeping with domestic processes and will allow relevant authorities to mirror the current system of administering PI and PSA as closely as possible at the end of the transition period, to ensure producers and operators do not experience any change in how the schemes are run immediately after the end of the transition period. Sixthly, this instrument makes a small number of minor drafting amendments to update drafting and correct errors and oversights in earlier EU Exit SIs, for example missed cross-references that needed amending and substituting a reference to Pounds Sterling for a reference to Euro. Seventhly, this instrument amends retained EU law concerning producer groups, producer organisations, notifications in the fruit and vegetables and processed fruit and vegetables sectors, and notifications of agricultural market information to domestic authorities. These amendments should be read in conjunction with The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment Etc.) (EU Exit) Regulations 2020 which also make operability corrections to Commission Delegated Regulation (EU) No 2017/891 and Commission Implementing Regulation (EU) No 2017/892. The EU Exit SIs and EU regulations amended by this instrument are: the Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763); the Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765); the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748); the Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1405); the Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733); the Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764); the Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770); the European Structural Investment Funds (Common Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785); the Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823); the Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831); the Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402); the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No.2) Regulations 2019 (S.I. 2019/1422); Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors; Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011; Commission Implementing Regulation (EU) 2017/892 concerning producer groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors; and Commission Implementing Regulation (EU) 2017/1185 relating to notifications of agricultural market information to domestic authorities. The EU Exit SIs revoked by this instrument are: the Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/207); the Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/208); regulation 2 of the Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812); and part 4 of the Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759). |
08/10/20 |
Farming and Animal Welfare |
This instrument makes a number of amendments to earlier EU Exit SIs that convert EU legislation (which forms the plant protection product (PPP) and maximum residue level (MRL) regulatory regimes) into national law, to reflect when EU law ceases to apply and retained EU law comes into force at the end of the implementation period, thereby ensuring that the national regime will operate effectively. Most of the amendments are required as a result of new EU legislation that has come into force shortly prior to and during the implementation period, and so was not addressed by our earlier EU Exit SIs. This instrument also makes amendments as a result of the Northern Ireland Protocol (NIP) where the EU PPP and MRL regimes will continue to apply, therefore legislative changes are required to remove Northern Ireland from the retained EU legislation so that the new PPP and MRL regime applies in Great Britain only, rather than UK-wide. |
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20/10/20 |
Farming and Animal Welfare |
These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (c), (d), (f) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. Part 2 contains amendments to various statutory instruments relating to imports of animals, germinal products and animal products. Part 3 contains amendments to retained direct EU legislation relating to imports of those products. Part 4 contains general transitional and saving provision to enable the continued use, from IP completion day, for transitional purposes, of model forms of certificates as provided for in EU law as it had effect before IP completion day. It also contains a power to amend, by regulations, the date on which those transitional provisions, and the transitional provisions in regulation 26(3) of the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) cease to have effect. Part 4 and the Schedule also contain revocations of various instruments. |
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Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 |
21/10/20 |
Farming and Animal Welfare |
This instrument will ensure that retained European Union (EU) legislation and domestic implementing legislation relating to the protection of animals at the time of their killing, during transport and the criteria for animals being kept in control posts; the use of leghold traps, the import of pelts and manufactured goods of certain wild animal species; and the prevention and management of the introduction and spread of invasive non-native species remains operable now that we have left the EU. The proposed changes will ensure that the strict protections that are in place are maintained by addressing failures of EU law to operate effectively, as well as other deficiencies, arising from the withdrawal of the United Kingdom from the EU. This instrument includes provisions related to EU Exit for Great Britain and Northern Ireland, as well as changes to domestic enforcement legislation for the United Kingdom. Changes to retained EU legislation (EU legislation preserved in UK law for legal continuity after EU Exit) and domestic (UK developed) legislation are being made in order to implement the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Withdrawal Agreement). Furthermore, the changes ensure that imports of pelts and pelt products from the EU will be treated the same as imports from any other third country. This change is in line with wider government policy regarding the United Kingdoms exit from the EU. This instrument also includes provisions to improve enforcement, which will enable enforcement officers to use discretion when transferring seized specimens to appropriate facilities, ensure the civil sanction provisions work as intended, and enable the effective implementation of emergency measures under domestic legislation for invasive non-native species. |
Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 |
22/10/20 |
Farming and Animal Welfare |
Primarily, this instrument will amend retained EU legislation to introduce a comprehensive regulatory framework for Geographical Indication (GI) schemes in the UK. This instrument also makes operability amendments for wines and spirits sector standards (non-GI). On GI schemes, this instrument corrects the retained EU Regulations that will form the legal basis for three of four schemes in Great Britain (GB) at the end of the transition period, plus amendments needed for operation of the wine GI scheme. This includes providing continued protection in GB of established UK GIs, and non-UK GIs recognised under the EU GI schemes on 31st December 2020. This instrument reflects the position of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (the Protocol). This means, for the duration of the Protocol, the territorial extent of the new GI schemes will not include Northern Ireland, which remains under the EU rules. However, as the schemes will be administered and regulated by the UK Government, they are referred to as the ˜UK GI Schemes for the remainder of this document (whilst references to the schemes territorial extent are to GB). |
Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 |
02/11/20 |
Farming and Animal Welfare |
The purpose of this instrument is to make amendments to existing EU retained Regulations governing official controls on imports to Great Britain of animals and animal products, plants and plant products, including food and other imports relevant to the agri-food chain “ collectively known as ˜sanitary and phyto-sanitary (SPS) checks. Official controls are performed at appropriately designated border control points and other points of entry, and may also be carried out at other locations, such as slaughterhouses, to verify the compliance of imported SPS goods with Official Controls Regulations (OCR). These controls are integral to the protection of human health and biosecurity in the UK, as they deliver a risk-based and closely defined regime for checking the provenance, health and lack of contamination of SPS goods before they are allowed to pass beyond the control points at the UK border. This instrument rectifies legal deficiencies arising from the withdrawal of the United Kingdom from the European Union which, if not amended, would prevent our existing, established and harmonised system of official controls on SPS imports from being able to operate after the end of the Implementation Period. For example, references in retained EU Official Controls Regulations to legislative functions of the European Commission, are amended to be exercisable instead by the UK Secretary of State or the appropriate authority of the UK Devolved Administrations. These are termed operability amendments. |
Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 |
02/11/20 |
Farming and Animal Welfare |
The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 amends the Veterinary Medicines Regulations 2013 (VMR), the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 (Residues Regulations), and the relevant retained European Union (EU) law as set out in Section 6. This instrument will ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the end of the Transition Period. The amendments to the VMR also reflect the requirements and effect of the protocol on Ireland/Northern Ireland (the Protocol). |
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 |
10/11/20 |
Farming and Animal Welfare |
This SI supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031) on protective measures against pests of plants and Regulation (EU) 2017/625) 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 (the EU Regulations) and associated implementing legislation will be made operable for GB. The result of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) is that the UK leaves the EU single market. The operability amendments contained in this instrument create a ˜single market covering GB and the Crown Dependencies. The EU will become a third country and, as a result, be subject to third country import controls. Plant health controls on material imported from third countries will continue to be applied and will focus on risks to GB, rather than risks to the EU. Internal controls will also continue to apply to movement of goods within the GB internal market. |
The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 |
10/11/20 |
Farming and Animal Welfare |
This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031 on protective measures against pests of plants and Regulation (EU) 2017/625 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 (the EU Regulations) and associated implementing legislation will be made operable for GB. |
17/11/20 |
Farming and Animal Welfare |
This instrument is required to ensure that the UK has a functioning statute book at the end of the Implementation Period (IP). It uses the power under Section 8C of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to implement the Protocol on Ireland / Northern Ireland to the withdrawal agreement (the Protocol) to amend the Seeds (National Lists of Varieties) Regulations 2001 (National Lists Regulations 2001) so that they apply to Great Britain (GB) only and makes consequential changes to the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (the Fees Regulations). |
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Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021 |
09/12/20 |
Farming and Animal Welfare |
This instrument amends the Fertilisers and Ammonium Nitrate Material (EU Exit) Regulations 2019 (œS.I. 2019/601) in light of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (œthe Protocol) to reflect the continued application of the EU law version of Regulation (EC) No 2003/2003 on fertilisers (œRegulation (EC) No 2003/2003) in Northern Ireland. S.I. 2019/601 replaces the œEC fertiliser regime provided for in the EU law version of Regulation (EC) No 2003/2003 with a new UK-wide œUK fertiliser regime which will function in the same way. The Protocol sets out that certain provisions of Union law listed in the Protocol shall apply under certain conditions in the United Kingdom in respect of Northern Ireland. Regulation (EC) No 2003/2003 is listed at Annex 2 of the Protocol. This instrument also applies the provisions of the retained EU law version of Regulation (EC) No 2003/2003, as it applies in England and Wales and Scotland, to Northern Ireland subject to modifications. This will enable the marketing of œUK fertilisers in Northern Ireland. Regulation (EC) No 2003/2003 as it has effect in EU law will continue to apply in Northern Ireland by virtue of the Protocol. |
09/12/20 |
Farming and Animal Welfare |
The purpose of this instrument is to protect biosecurity and support trade between Northern Ireland and Great Britain (œGB) by ensuring the continued functioning of plant health controls in relation to Qualifying Northern Ireland goods (œQualifying Goods) moving from Northern Ireland to GB, and within GB, following the end of the Transition Period. Regulation (EU) 2016/2031) on protective measures against pests of plants (œthe Plant Health Regulation) and tertiary legislation made under that Regulation has been incorporated into domestic law under section 3 of the European Union (Withdrawal) Act 2018 (œthe Withdrawal Act), save insofar as the legislation applies to Northern Ireland for the purposes of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (œthe Protocol). This legislation has been amended in relation to GB by the Plant Health (Amendment etc.) (EU Exit) Regulation 2020 and the Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (œthe 2020 Regulations) to deal with a range of deficiencies in the legislation arising from the withdrawal of the UK from the European Union. This instrument will make further amendments to the Plant Health Regulation (as amended by the 2020 Regulations) to deal with other deficiencies and matters arising out of, or related to, the Protocol. As a result of the Protocol, different Sanitary and Phytosanitary (œSPS) requirements now apply in GB and in Northern Ireland. The operability amendments contained in this instrument supplement the governments policy on unfettered market access for Qualifying Goods. |
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22/12/20 |
Farming and Animal Welfare |
The purpose of this instrument is to make further amendments to existing EU retained Regulations governing official controls on imports to Great Britain of animals and animal products, plants and plant products, including food and other imports relevant to the agri-food chain “ collectively known as sanitary and phyto-sanitary (œSPS) checks. Official controls are performed at appropriately designated border control points and other points of entry, and may also be carried out at other locations, such as slaughterhouses, to verify the compliance of imported SPS goods with Official Controls Regulations (œOCR). These controls are integral to the protection of human health and biosecurity in the UK, as they deliver a risk-based and closely defined regime for checking the provenance, health and lack of contamination of SPS goods before they are allowed to pass beyond the control points at the UK border. This instrument completes the full set of official controls amendments required for full SPS operability after the end of the Transition Period. The main overarching regulatory control amendments are set out in the Official Controls (Animals, Feed and Food, Plant Health Etc.) (Amendment) (EU Exit) Regulations 2020, due to come into force at 11:00 p.m. on 31 December 2020. As with the first Instrument, this further Instrument also rectifies legal deficiencies arising from the withdrawal of the United Kingdom from the European Union which, if not amended, would prevent our existing, established and harmonised system of official controls on SPS imports from being able to operate after the end of the Transition Period. For example, references in retained EU Official Controls Regulations to legislative functions of the European Commission, are amended to be exercisable instead by the Defra Secretary of State or the appropriate authority of the UK Devolved Administrations. These are termed ˜operability amendments. |
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Trade in Endangered Species of Wild Fauna and Flora (Commission Regulation (EC) No 865/2006) (Amendment) Regulations 2020 |
04/01/21 |
Farming and Animal Welfare |
Under the EU Regulations implementing the Convention on International Trade in Endangered Species (CITES), specimens of endangered species (CITES specimens) have moved freely between the UK and other EU Member States. Following the UK's departure from the EU, and the subsequent Transition Period (TP), those moving certain CITES specimens will need to present import/(re-)export documents to a designated customs office (also referred to as a point of entry/exit (PoE)). The purpose of this instrument is to set the criteria for authorising traders, individuals or their representatives, who mistakenly use a non-designated PoE in respect of import or (re-)export to or from Great Britain, to do so on one occasion after the end of the TP. |
Cat and Dog Fur (Control of Movement etc.) (EU Exit) Regulations 2021 |
12/01/21 |
Farming and Animal Welfare |
The purpose of this SI is to recognise the public's high regard for the welfare of cats and dogs; and complement and build upon the existing suite of EU Exit instruments covering public morality, animal and aquatic health and welfare, such as the Seal Products (Amendments) (EU Exit) Regulations 2018 amending retained EU legislation and existing United Kingdom legislation on seal products from commercial hunts, so that they continue to be operable. This instrument is made under sections 8 and 8C of the EU (Withdrawal) Act 2018 (the EUWA). a. This instrument amends the retained domestic version of Regulation (EC) 1523/2007 of the European Parliament and of the Council (the EC Regulation), in order to make sure that the ban on the placing on the market, import and export of cat and dog fur, and products containing such fur continue to operate effectively. Part 2 of this instrument amends the retained domestic version of the EC Regulation so as to: remove references to the European Commission as these are no longer relevant to the United Kingdom in respect of Great Britain; amend inappropriate references to the European Union, replacing them with references to Great Britain; remove references to EU customs legislation (which has been replaced in its application to the United Kingdom in respect of Great Britain by provisions in the Taxation (Cross-Border Trade) Act 2018 and in regulations made under that Act) and replace these with references to domestic legislation where required; transfer to the Secretary of State the existing power of EU Member States to derogate, by way of provision in regulations, from the general prohibition contained in the EC Regulation; derogate from the general prohibition to enable the movement of cat and dog fur and products containing such fur from Northern Ireland to Great Britain and so does not prevent unfettered market access for goods moving between Northern Ireland and other parts of the United Kingdom's internal market as permitted by Article 6(1) of the Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement. b. Part 3 of this instrument amends The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 (S.I. 2008/2795) (the domestic Regulations), as those Regulations apply in Great Britain, to provide for the imposition of penalties for contravening the prohibition in the retained domestic version of the EC Regulation as it applies in Great Britain. c. Part 4 of this instrument makes separate provision in the domestic Regulations in respect of Northern Ireland to apply similar penalties for contravening the prohibition under Regulation (EC) 1523/2007, as it directly applies to and in the United Kingdom in respect of Northern Ireland by virtue of section 7A of the EUWA and Annex 2 of the Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement. d. This instrument has United Kingdom wide extent. However, the amendments made by Parts 2 and 3 apply in relation to Great Britain only. The amendments made by Part 4 apply in relation to Northern Ireland only by virtue of section 7A of the EUWA and Annex 2 of Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement pursuant to which the EC Regulation continues to be directly applicable in Northern Ireland. |