The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/1395

2020 No. 1395

Exiting The European Union

Environmental Protection

Wildlife

The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

Made 30th November 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181(“the 2018 Act”) and section 41(1) of the European Union (Withdrawal Agreement) Act 20202.

In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the 2018 Act3, a draft of these Regulations was laid before and approved by a resolution of each House of Parliament.

1 INTRODUCTION

PART 1

INTRODUCTION

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020.

(2) These Regulations come into force on IP completion day.

2 AMENDMENT AND REVOCATION OF SUBORDINATE LEGISLATION

PART 2

AMENDMENT AND REVOCATION OF SUBORDINATE LEGISLATION

S-2 Amendment of the Control of Trade in Endangered Species (Fees) Regulations 2009

Amendment of the Control of Trade in Endangered Species (Fees) Regulations 2009

2.—(1) The Control of Trade in Endangered Species (Fees) Regulations 20094are amended as follows.

(2) In regulation 2(1), at the end of the definition of “import permit” insert “(but see regulation 6(5)(c) and (7)(b)(iii))”.

(3) In regulation 6—

(a)

(a) for paragraph (5)(c) substitute—

“(c)

“(c) were imported—

on a single import permit; or

into a member State on a single import permit referred to in Article 4(1) and (2) of the Council Regulation as it had effect immediately before IP completion day;”;

(b)

(b) for paragraph (7)(b)(iii) substitute—

“were imported—

on a single import permit; or

into a member State on a single import permit referred to in Article 4(1) and (2) of the Council Regulation as it had effect immediately before IP completion day;”.

S-3 Amendment of the Control of Trade in Endangered Species Regulations 2018

Amendment of the Control of Trade in Endangered Species Regulations 2018

3.—(1) The Control of Trade in Endangered Species Regulations 20185are amended as follows.

(2) In regulation 2(1)—

(a)

(a) in the definition of “import”, for “into the European Union” substitute “in accordance with the Principal Regulation”;

(b)

(b) in the definition of “imported unlawfully”, omit “into the European Union”.

(3) In regulation 13—

(a)

(a) after “Secretary of State may” insert “, in relation to Northern Ireland,”;

(b)

(b) for “into, and export from, the European Union” substitute “and export”.

(4) In the first row of Column 2 of the table in paragraph 2 of Schedule 1, omit “within the European Union”.

S-4 Amendment of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

Amendment of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

4. Omit regulation 12 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 20196.

S-5 Amendment of the Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019

Amendment of the Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019

5. Omit regulations 2 and 8 of the Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 20197.

S-6 Revocations

Revocations

6. The following Regulations are revoked—

(a) the Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations 20188;

(b) the Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 20199.

3 AMENDMENT OF RETAINED DIRECT EU LEGISLATION

PART 3

AMENDMENT OF RETAINED DIRECT EU LEGISLATION

S-7 Amendment of Council Regulation (EC) No 338/97

Amendment of Council Regulation (EC) No 338/97

7.—(1) Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein is amended as follows.

(2) In Article 2—

(a)

(a) omit point (a);

(b)

(b) in point (d)—

(i) for “the Community” substitute “Great Britain”;

(ii) for the words from “by the Commission” to the end substitute “in regulations made by the Secretary of State”;

(c)

(c) in point (e), for “the Community” substitute “Great Britain”;

(d)

(d) for point (g) substitute—

“(g)

“(g) “management authority” shall mean the person designated in accordance with Article 13(1)(a);”;

(e)

(e) omit point (h);

(f)

(f) in point (k), for “the Community” substitute “Great Britain”;

(g)

(g) in point (n), for “the Community” in both places it occurs substitute “Great Britain”;

(h)

(h) after point (n) insert—

“(na)

“(na) “Regulation 338/97 (pre-exit)” shall mean Council Regulation (EC) No 338/97on the protection of species of wild fauna and flora by regulating trade therein, as it had effect immediately before IP completion day;”;

(i)

(i) in point (o), for “the Community” in both places it occurs substitute “Great Britain”;

(j)

(j) in point (q)—

(i) omit “, in the case of a Member State”;

(ii) for “Article 13(1)(b)” substitute “Article 13(2)”;

(k)

(k) omit point (r);

(l)

(l) after point (t) insert—

“(ta)

“(ta) “third country” shall mean any country or territory other than Great Britain;

(tb)

(tb) “third country authority” shall mean the authority of a third country party to the Convention designated in accordance with Article IX of the Convention;”;

(m)

(m) in point (u)—

(i) for “the Community” in both places it occurs substitute “Great Britain”;

(ii) omit “, including within a Member State,”;

(n)

(n) in point (v), for “the Community” in both places it occurs substitute “Great Britain”;

(o)

(o) in point (w)—

(i) for “more than 50 years before the entry into force of this Regulation” substitute “before 3rd March 1947”;

(ii) omit “of the Member State concerned”;

(p)

(p) in point (x), for “Community provisions so provide” substitute “United Kingdom legislation (as it applies to Great Britain) so provides”.

(3) After Article 2 insert—

S-Article 2a

References to importation etc.

Article 2a. In this Regulation—

(a) references to the importation or introduction of anything into Great Britain includes the importation or introduction of anything into Northern Ireland before IP completion day;

(b) references to the export, or re-export of anything from Great Britain includes the export, or re-export of anything from Northern Ireland before IP completion day;

(c) references to the transit of specimens through Great Britain includes the transit of specimens through Northern Ireland before IP completion day.”.

(4) In Article 3—

(a)

(a) in paragraph 1—

(i) in point (a), for “Member States have” substitute “United Kingdom has”;

(ii) in point (b)(i), for “the Community” substitute “Great Britain”;

(b)

(b) in paragraph 2—

(i) in point (a), for “Member States have” substitute “United Kingdom has”;

(ii) in point (d), for “the Community” in both places it occurs substitute “Great Britain”;

(c)

(c) in paragraph 3(a), for “Member States have” substitute “United Kingdom has”;

(d)

(d) in paragraph 4(a), for “the Community” substitute “Great Britain”;

(e)

(e) omit paragraph 5.

(5) In Article 4—

(a)

(a) in the heading, for “the Community” substitute “Great Britain”;

(b)

(b) in paragraph 1—

(i) in the first subparagraph (beginning “The introduction into”)—

(aa) for “the Community” substitute “Great Britain”;

(bb) for “a management authority of the Member State of destination” substitute “the management authority”;

(ii) in point (a)—

(aa) omit “, after considering any opinion by the Scientific Review Group,”;

(bb) for “the Community” substitute “Great Britain”;

(c)

(c) in paragraph 2—

(i) in the first subparagraph (beginning “The introduction into”)—

(aa) for “the Community” substitute “Great Britain”;

(bb) for “a management authority of the Member State of destination” substitute “the management authority”;

(ii) in point (a)—

(aa) omit “and considering any opinion from the Scientific Review Group,”;

(bb) for “the Community” substitute “Great Britain”;

(d)

(d) in paragraph 3, in the first sentence, (beginning “The introduction into”), for “the Community” substitute “Great Britain”;

(e)

(e) in paragraph 4, for “the Community” substitute “Great Britain”;

(f)

(f) in paragraph 5(a), for “the Community” in both places it occurs substitute “Great Britain”;

(g)

(g) in paragraph 6—

(i) in the first subparagraph, in the words before point (a)—

(aa) omit the words from “in accordance” to “Article 18(2)”;

(bb) for “Scientific Review Group, the Commission may” substitute “scientific authority, the Secretary of State may, by regulations,”;

(cc) for “the Community” substitute “Great Britain”;

(ii) in the first subparagraph, in point (d), for “the Community”, in both places it occurs, substitute “Great Britain”;

(iii) in the second subparagraph—

(aa) for “Commission shall” substitute “Secretary of State must”;

(bb) omit “, in the Official Journal of the European Communities”;

(h)

(h) in paragraph 7—

(i) in the first subparagraph—

(aa) for “the Community” substitute “Great Britain”;

(bb) for “shall be granted by the Commission” substitute “may, by regulations, be prescribed by the Secretary of State”;

(ii) omit the second subparagraph.

(6) In Article 5—

(a)

(a) in the heading, for “the Community” substitute “Great Britain”;

(b)

(b) in paragraph 1—

(i) for “the Community” substitute “Great Britain”;

(ii) for “a management authority of the Member State in which the specimens are located” substitute “the management authority”;

(c)

(c) in paragraph 2—

(i) in point (b), omit the words from “where the application is made” to the end;

(ii) in point (d), omit “of the Member State”;

(d)

(d) in paragraph 3—

(i) in point (a), for “the Community” substitute “Great Britain”;

(ii) after point (a) insert—

“were acquired in, or were introduced into, the United Kingdom before IP completion day and in accordance with the requirements of Regulation 338/97 (pre-exit);”;

(iii) in...

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