EXPLANATORY MEMORANDUM TO
THE ANIMALS, AQUATIC ANIMAL HEALTH, INVASIVE ALIEN SPECIES,
PLANT PROPAGATING MATERIAL AND SEEDS (AMENDMENT) (EU EXIT)
REGULATIONS 2020
1. Introduction
1.1 This Explanatory Memorandum has been prepared by the Department for
Environment, Food and Rural Affairs (“Defra”) and is laid before Parliament by Act.
1.2 This Memorandum contains information for the Sifting Committees.
2. Purpose of the instrument
2.1 The purpose of this instrument is to ensure that legislation relating to animal and
aquatic health, invasive alien species, plant propagating material and seeds remains
operable following the Withdrawal Agreement, the Protocol on Ireland / Northern
Ireland (“the Protocol”), and recent updates to EU law. The amendments in this
instrument are technical in nature with no changes to policy.
2.2 The amendments made by this instrument will address deficiencies in domestic
legislation including previously made EU Exit legislation, e.g. by removing
references to EU institutions that are no longer appropriate; removing obligations to
report to, or seek approval from, the European Commission; and removing provisions
relating to reciprocal arrangements and provisions that will no longer exist or operate
following the end of the transition period.
In addition, the instrument will:
• amend retained EU law;
• replace references to the EU’s Trade Control and Export System (“TRACES”)
with references to the UK’s new system for import notifications and controls,
the Imports of Products, Animals, Food and Feed System (IPAFFS);
• remove transitional measures which expire at the end of the Transition Period;
• make operability changes to recent amendments to EU law that were settled in
the EU too late to be covered by the earlier EU Exit legislation.
• make reference to the special transitional import arrangements set out in
Schedule 5 to the England Trade Regulations or equivalent provisions in the
Wales Trade Regulations or the Scotland Trade Regulations, and the new
Annex 6 to the Official Controls Regulation (EU) 2017/625;
• apply a reciprocal approach to the EU, in particular so that EU breed societies
are subject to the same recognition and listing process as third country
breeding bodies by the UK as the EU is applying to UK breed societies post
Transition Period. This is subject to a six month transitional period during
which EU breed societies will be automatically listed by the UK;
• make a few very minor corrections to drafting errors in earlier EU Exit SIs;
and
• make minor amendments to domestic legislation using section 2(2) of the
European Communities Act 1972 in order to ensure regimes can be made
operable at the end of the Transition Period.
The EU Exit SIs and EU legislation amended by this instrument are listed in Annex
.
Explanations
What did any relevant EU law do before exit day?
2.3 The regulations and directly applicable EU law amended by this instrument concern
the following policy areas: Equine identification; TSE and animal by-products;
Livestock identification; Aquatic Animal Health; Exotic animal diseases; Plant
varieties and marketing of seed and other plant material; Pet travel; Animal breeding;
and Seal Products. The law amended includes earlier EU Exit SIs, which were made
in 2018 and 2019 in preparation for leaving the EU.
Why is it being changed?
2.4 Since making those earlier EU Exit SIs, a Withdrawal Agreement between the UK
and the EU has been signed. It is necessary to update those earlier EU Exit SIs and
make further amendments to retained EU law to ensure they function effectively at
the end of the Transition Period. Amendments must also be made to reflect the
Protocol and to directly applicable EU legislation made during the Transition Period,
and to make minor amendments.
What will it now do?
2.5 Retained EU law relating to the areas cited at paragraph 7.1 will continue to function
at the end of the Transition Period in a similar way to how it did previously. This
instrument removes redundant provisions relating to EU law, enables the UK to stand
by commitments it has made in the Withdrawal Agreement, changes the identity of
the bodies carrying out the specified functions and converts EU procedures to UK
procedures, and as appropriate, stands up the Protocol on existing instruments;
replaces references to the EU’s TRACES system by references to IPAFFS, the UK’s
new system for import notifications and controls; removes transitional measures
which expire at the end of the Transition Period; makes operability changes to recent
amendments to EU law following updates to EU legislation; makes reference to
special transitional import arrangements; applies a reciprocal approach to the EU to
ensure that EU breed societies are subject to the same recognition and listing process
as third country breeding bodies by the UK as the EU is applying to UK breed
societies following the Transition Period (subject to a six month transitional period
during which EU breed societies will be automatically listed by the UK); and corrects
a very small number of minor drafting errors in earlier EU Exit SIs. A full explanation
of the changes being made by this instrument can be found in section 7 of this
Explanatory Memorandum.
3. Matters of special interest to Parliament
Matters of special interest to the Joint Committee on Statutory Instruments
3.1 The Livestock (Records, Identification and Movement) (Amendment) (EU Exit)
Regulations 2019, the Animal Health, Plant Health, Seeds and Seed Potatoes
(Amendment) (EU Exit) Regulations 2019, the Animal Health and Genetically
Modified Organisms (Amendment) (EU Exit) Regulations 2019 and the Equine
(Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019,
none of the changes made by this instrument trigger the affirmative procedure.
Matters relevant to Standing Orders Nos. 83P and 83T of the Standing Orders of the House
of Commons relating to Public Business (English Votes for English Laws)
3.2 As the instrument is subject to negative resolution procedure, there are no matters
relevant to Standing Orders Nos. 83P and 83T of the Standing Orders of the House of
Commons relating to Public Business at this stage.
4. Extent and Territorial Application
4.1 The territorial extent and application of this instrument are as follows:
• Part 1 extends and applies to the United Kingdom.
• Parts 2, 3 and 4 extend and apply to England and Wales and Scotland, other
than regulation 3 which extends and applies to the United Kingdom.
• In relation to Part 5:
o Regulations 20, 23, 25, 27, 31, 33 and 34 extend to the United
Kingdom but apply to England and Wales and Scotland only;
o Regulation 21 extends to England and Wales but applies to England
only, other than paragraph (2) which extends and applies to the United
Kingdom;
o Regulation 22 extends to the United Kingdom but applies to England
and Wales and Scotland, other than paragraph (3) which extends and
applies to England and Wales.
o Regulations 24 and 26 extend to England and Wales but apply to
England only, other than Regulation 21(2) which extends and applies
to the United Kingdom;
o Regulation 28 extends and applies to the United Kingdom, other than
paragraphs (2)(d) and (6)(c) and (d), which extend to the United
Kingdom but apply to England and Wales and Scotland only;
o Regulation 29 extends and applies to England and Wales only, other
than paragraphs (4) to (6) which extend to England and Wales but
apply to England only;
o Regulation 30 extends and applies to the United Kingdom, other than
paragraphs (6) and (7) which extends to the United Kingdom but
applies to England and Wales and Scotland only;
o Regulation 32 extends and applies to England and Wales.
• Part 6 extends and applies to England and Wales and Scotland, other than
regulation 38 which extends to England and Wales and Scotland, but applies
to England and Wales only.
• Part 7 extends and applies to England and Wales, other than regulation 39
which extends and applies to England and Wales and Scotland.
5. European Convention on Human Rights
5.1 As this instrument is subject to negative resolution procedure and does not amend
primary legislation, no statement is required.
6. Legislative Context
6.1 The European Union (Withdrawal) Act 2018 incorporates EU law as it stands at the
end of the Transition Period into UK law. Section 8(1) of the Withdrawal Act
provides that a Minister of the Crown may, by regulations, make such provision as the
Minister considers appropriate to prevent, remedy or mitigate any failure of retained
EU law to operate effectively or any other deficiency in retained EU law arising from
the withdrawal of the United Kingdom from the EU. This includes both EU-derived
domestic law and directly applicable EU law. This instrument is accordingly being
made to correct relevant legislation to ensure it operates effectively after the end of
the Transition Period.
7. Policy background
What is being done and why?
7.1 The purpose of this instrument is to ensure that legislation relating to animal and
aquatic health, invasive alien species, plant propagating material and seeds remains
operable following the Withdrawal Agreement, the Protocol on Ireland / Northern
Ireland (“the Protocol”), and recent updates to EU law
7.2 This instrument also makes amendments for the purpose of implementing aspects of
the Protocol, which forms part of the Withdrawal Agreement. This instrument will
place the Protocol as it relates to aspects of EU finance, management and monitoring
rules on a legal footing as required at the end of the Transition Period.
7.3 Following the end of the Transition Period, GB will no longer have access to the EU’s
TRACES system. This instrument addresses that deficiency by replacing references to
TRACES by references to IPAFFS, the UK’s new system for import notifications and
controls.
7.4 This instrument makes reference to the special transitional import arrangements set
out in Schedule 5 to the England Trade Regulations or equivalent provisions in the
Wales Trade Regulations or the Scotland Trade Regulations, and the new Annex 6 to
the Official Controls Regulation (EU) 2017/625.
7.5 Animal breeding legislation facilitates trade of pedigree animals, hybrid breeding pigs
and germinal products (such as semen and embryos). This instrument will amend the
Animal Breeding (Amendment) (EU Exit) Regulations 2019 (“SI 2019/117”) to apply
a reciprocal approach to the EU, in particular (subject to transitional arrangements),
that EU breed societies are subject to the same recognition and listing process as third
country breeding bodies by the UK and as the EU is applying to UK breed societies
post Transition Period. This is subject to a six month transitional period during which
EU breed societies will be automatically listed by the UK.
7.6 This instrument makes only amendments which are legally necessary to achieve its
objectives. It represents no changes in policy, and it is not envisaged that any of these
amendments will directly impact on businesses or the public.
8. European Union (Withdrawal) Act/Withdrawal of the United Kingdom from the
European Union
8.1 This instrument is being made using the power in section 8 of the European Union
(Withdrawal) Act 2018 in order to address failures of retained EU law to operate
effectively or other deficiencies arising from the withdrawal of the United Kingdom
from the European Union. In accordance with the requirements of that Act the
Minister has made the relevant statements as detailed in Part 2 of Annex 1 to this
Explanatory Memorandum.
9. Consolidation
9.1 Not applicable to this instrument.
10. Consultation outcome
10.1 The amendments in this instrument are technical in nature. There are no policy
changes so no public consultation has been undertaken.
10.2 This instrument and the policy reflected in it has been developed in collaboration with
Devolved Administration officials.
11. Guidance
11.1 As no policy changes are included in this instrument no guidance specifically related
to this instrument is required.
12. Impact
12.1 There is no, or no significant, impact on business, charities or voluntary bodies.
12.2 There is no, or no significant, impact on the public sector.
12.3 A full Impact Assessment has not been prepared for this instrument because this
instrument provides for technical amendments to existing legislation.
13. Regulating small business
13.1 This instrument applies to activities that are undertaken by small businesses.
14. Monitoring & review
14.1 The approach to monitoring of this legislation is in continuing dialogue with
stakeholders.
14.2 As this instrument is made under the EU Withdrawal Act 2018, no review clause is
required.
15. Contact
15.1 Trine Andresen at the Department for Environment, Food and Rural Affairs
email: trine.andresen@defra.gov.uk can be contacted with any queries regarding this
instrument.
15.2 Catherine Harrold, Deputy Director for Exotic and Endemic Disease Control
(“EEDC”) at the Department for Environment, Food and Rural Affairs can confirm
that this Explanatory Memorandum meets the required standard.
15.3 The Parliamentary Under Secretary of State for Rural Affairs and Biosecurity, Lord
Gardiner of Kimble, at the Department for Environment, Food and Rural Affairs can
confirm that this Explanatory Memorandum meets the required standard.
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