SL(5)443 – The Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) (No 2) Regulations 2019

Background and Purpose

These Regulations amend the following subordinate legislation relating to animals and plant health:

- Trade in Animals and Related Products (Wales) Regulations 2011 (“the TARP Regulations”)

- Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019

- Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019

Most notably, these Regulations:

- insert a definition of “the published nomenclature list” into the TARP Regulations to account for the introduction of a list of animal products, published by the Secretary of State, which specifies products for the purposes of determining the selection of consignments that must be submitted to veterinary checks at a border inspection post;

- amend import procedures, requiring animal health certificates to be made available for checks at a border inspection post.

Procedure

Affirmative

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

Merits Scrutiny

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Implications arising from exiting the European Union

The most notable thing about these Regulations is that they reflect the fact that the Secretary of State, with the consent of the Welsh Ministers, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, can publish product lists to ensure that movement of animals and animal products will continue without disruption after exiting the EU, while also maintaining biosecurity levels.

Therefore, these Regulations reflect what appears to be a UK-wide common framework, that has been agreed between the relevant governments, in the area of trade in animals and animal products.

Government Response

No government response is required.

Legal Advisers

Constitutional and Legislative Affairs Committee

19 September 2019