The Animals and Animal Products (Import and Export) Regulations 2004
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The Secretary of State, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on her by that section, makes the following Regulations - Title, application, commencement and interpretation 1. - (1) These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 2004; they apply in relation to England only and come into force on 13th April 2004. (2) In these Regulations -
(b) Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries)[4],
(b) the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation[6]; (c) the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded[7]; and (d) (as from 1st May 2004) the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded[8].
(b) as respects each London borough, the council of that borough, except in relation to imported live animals; and (c) as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
(3) Any reference in these Regulations to
an instrument in a Schedule includes all provisions relating to it
listed in that Schedule. Application of Part 2 4. This Part shall apply to trade between member States in live animals and animal products which are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products)[9]. Exports 5. - (1) No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the instruments in Part I of Schedule 3 unless -
(b) when required by such instrument, it is accompanied by -
(ii) any other document required by the instrument; (c) when required by such instrument, any notification of a
disease on the holding from which the animal has been consigned has
been made within the time and in the manner (if any) specified in
the instrument; and (2) If an inspector has reasonable cause to
suspect that a person intends to export animals or animal products in
contravention of this regulation he may by notice served on the
consignor, his representative or the person appearing to him to be in
charge of the animals or animal products, prohibit that exportation
and require the person on whom the notice is served to take the
animals or animal products to such place as may be specified in the
notice and to take such further action in relation to them as may be
specified in the notice.
(b) a body, institute or centre which has been approved by the Secretary of State in accordance with regulation 9(1) and which conforms with the requirements of Annex C to Council Directive 92/65/EEC. Imports
(b) where a consignment is divided up or subsequently marketed, the subsequent destination of the animals, and shall keep such records for 12 months from the arrival of the
consignment.
(b) the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC. (3) The operator of an assembly centre
shall admit to those premises only animals that are identified and
come from herds or flocks that are eligible for intra-Community
trade.
(b) record on a register -
(ii) in the case of cattle, sheep and goats, the origin, date of entry and exit, number and identification of the animals and the proposed destination as well as the information in paragraph (i); and (iii) in the case of pigs, the registration number of the holding of origin or of the herd of origin and the proposed destination as well as the information in paragraph (i), and shall preserve the register for a minimum of three
years. (5) Where animals are consigned to a
slaughterhouse under the supervision of an official veterinary surgeon
appointed under the provisions of regulation 8 of the Fresh Meat
(Hygiene and Inspection) Regulations 1995[13] or
regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit
Meat (Hygiene and Inspection) Regulations 1995[14],
the official veterinary surgeon shall ensure that no animal is
slaughtered unless it complies with Article 3(1) of Council Directive
90/425/EEC.
(b) by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer. (7) Where paragraphs (4) and (5) do not
apply, any person who markets any animal consigned to him from another
member State, or divides up batches of such animals for distribution
or marketing -
(b) shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Secretary of State to receive such notification; and (c) if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC[15], shall isolate the animals in question until a veterinary inspector authorised by the Secretary of State to do so has authorised their release in writing. Illegal consignments
(b) without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice. (3) Subject to the provisions of paragraph
(4), if an inspector knows or suspects that an animal or animal
product does not comply with the provisions of Article 3 of Council
Directive 90/425/EEC, he may, if animal health and welfare
considerations so permit, give the consignor or his representative or
the person appearing to him to be in charge of those animals or
products by way of notice the choice of -
(b) slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or (c) returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit. (4) If the consignment fails to comply only
by reason of an irregularity in respect of the required consignment
documentation, the inspector shall not serve a notice under paragraph
(3) unless -
(b) the required consignment documentation has not been produced within that time. (5) In the event of any notice served under
this regulation not being complied with an inspector may seize any
animal or animal product to which it relates, and arrange for the
requirements of the notice to be complied with. Application of Part 3 14. - (1) This Part shall apply in respect of animals imported into England -
(b) from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out. Official veterinarians
(b) for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Secretary of State and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with. (2) No person shall import any animal
except from a country or territory specified under the instruments in
Part I of Schedule 5.
(b) to any place other than the address specified in the required consignment documentation, unless he has been required to remove it to another place by means of a notice served on him by an inspector. (5) Where a check involves the taking of a
sample for testing and the test result is not immediately available,
the official veterinarian may by notice served on the owner or the
person appearing to him to be in charge of an animal release that
animal from the border inspection post, and require that person to
keep the animal in accordance with such conditions as may be specified
in the notice until the test results are available; and if the test
reveals that the animal does not comply with the provisions of Article
5 of Council Directive 91/496/EEC then the provisions of regulation 21
shall apply as they apply at a border inspection
post.
(b) place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within England; or (c) re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice. (2) Before exercising any of the powers in
paragraph (1) the veterinary inspector shall consult the importer or
his representative.
(b) order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained. (6) In the event of a notice served under
paragraph (1) or (4) not being complied with a veterinary inspector
may seize any animal to which it relates, and arrange for the
requirements of the notice to be complied
with. Application of Part 4 24. This Part shall apply in respect of animals imported into England and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State. Imports 25. No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC. Import procedure 26. The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies. Outbreaks of disease in other states 27. - (1) This regulation shall apply where the Secretary of State learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC[19] or Article 18 of Council Directive 91/496/EEC, or through any other means, the presence in any other state of a disease referred to in Schedule 4, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health. (2) In the circumstances described in paragraph (1), the Secretary of State may, for the purpose of preventing the introduction or spreading of disease into or within England, by declaration suspend, or impose conditions upon, the entry into England of any animal or animal product from the whole or any part of that state. (3) Such a declaration shall be published in such manner as the Secretary of State thinks fit. (4) Where a declaration is in force suspending the entry of any animal or animal product, no person shall bring that animal or animal product into England if it is dispatched from, or originates from, the state or part thereof specified in the declaration. (5) Where a declaration is in force imposing conditions on the entry into England of any animal or animal product, no person shall bring that animal or animal product into England if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration. Notification of decisions 28. If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits. Powers of inspectors 29. - (1) Subject to regulation 10, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation "premises" includes any place, installation, road or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft. (2) An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC, and in particular may -
(b) carry out checks on whether staff are complying with the requirements of the instruments in Part I of Schedule 3 relating to animal products; (c) take samples (and, if necessary, send the samples for laboratory testing) from -
(ii) products held with a view to being stored or sold, put on the market or transported; (iii) animals or animal products being transported in the course of intra-Community trade; (iv) animals at a border inspection post in the case of third country imports; or (v) animals or animal products at the place of destination in the case of an import from another member State; (d) examine documentary or data processing material relevant to
the checks carried out under these Regulations; and Recovery of expenses
(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or (c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading. (2) Nothing in paragraph (1)(b) shall be
construed as requiring any person to answer any question or give any
information if to do so might incriminate him.
(b) any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence
and be liable to be proceeded against and punished
accordingly.
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. Disapplication of provisions
(b) Animals and Animal Products (Import and Export) (England and Wales) (Amendment) Regulations 2000[21]; (c) Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 1) Regulations 2000[22]; (d) Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 2) Regulations 2000[23]; (e) Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 3) Regulations 2000[24]; (f) Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) Regulations 2002[25]; and (g) Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) (No. 2) Regulations 2002[26].
1. Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29), as amended by, and as read with - Council Directive 90/539/EEC (OJ No. L303, 31.10.90, p. 6); Council Directive 90/667/EEC (OJ No. L363, 27.12.90, p. 51); Council Directive 91/67/EEC (OJ No. L46, 19.2.91, p. 1); Council Directive 91/68/EEC (OJ No. L46, 19.2.91, p. 19); Council Directive 91/174/EEC (OJ No. L85, 5.4.91, p. 37); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p. 17); Council Directive 92/60/EEC (OJ No. L268, 14.9.92, p. 75); Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54); Council Directive 92/118/EEC (OJ No. L62, 15.3.93, p. 49); Commission Decision 93/444/EEC (OJ No. L208, 19.8.93, p. 34); Commission Decision 94/338/EC (OJ No. L151, 17.6.94, p. 36); Commission Decision 94/339/EC (OJ No. L151, 17.6.94, p. 38); Council Directive 97/78/EC (OJ No. L24, 30.1.98, p. 9); Council Directive 2002/33/EC (OJ No. L315, 19.11.2002, p. 14); and the European international instruments. 2. Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56), as amended by, and as read with - Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p. 13); Council Directive 90/424/EEC (OJ No. L224, 18.08.90, p. 19); Council Directive 90/425/EEC (OJ No. L224, 18.08.90, p. 29); Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p. 17); Commission Decision 92/424/EEC (OJ No. L232, 14.8.92, p. 34); Commission Decision 92/432/EEC (OJ No L237, 20.8.92, p. 29); Council Decision 92/438/EEC (OJ No. L243, 25.8.92, p. 27); Commission Decision 92/527/EEC (OJ No. L332, 18.11.92, p. 22); Commission Decision 94/467/EC (OJ No. L190, 26.7.94, p. 28); Council Directive 96/43/EC (OJ No. L162, 1.7.96, p. 1); Council Directive 97/78/EC (OJ No. L24, 30.1.98, p. 9); Commission Decision 97/794/EC (OJ No. L323, 26.11.97, p. 31); and the European international instruments.
(ii) Luton and Stansted are not border inspection posts for any species of animal specified in the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974.
1. Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (OJ No. L109, 25.4.97, p. 1), and as subsequently amended by - Council Directive 98/46/EC (OJ No. L198, 15.7.98, p. 22); Council Directive 98/99/EC (OJ No. L358, 31.12.98, p. 107); Commission Decision 98/362/EC (OJ No. L163, 6.6.98, p. 48); Commission Decision 98/548/EC (OJ No. L263, 26.9.98, p. 35); Commission Decision 98/621/EC (OJ No. L296, 5.11.98, p. 15); Directive 2000/15/EC of the European Parliament and of the Council (OJ No. L105, 3.5.2000, p. 34); Directive 2000/20/EC of the European Parliament and of the Council (OJ No. L163, 4.7.2000, p. 35); Commission Decision 2000/504/EC (OJ No. L201, 9.8.2000, p. 6); Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Commission Regulation (EC) No 535/2002 (OJ No. L80, 23.3.2002, p. 22); Commission Regulation (EC) No 1226/2002 (OJ L179, 9.7.2002, p. 13); and the European International Instruments. Relevant provisions: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports), and 12(3).
(b) The official health certificate accompanying all cattle imported into England from Portugal must contain the statement "Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia". (c) The official health certificate accompanying all swine imported into England from any other member State except Austria, Denmark, Finland, Luxembourg, Sweden and those regions of France and Germany specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: "Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky's disease". (d) In the event of the prohibition on the export of cattle from England imposed by Commission Decision 98/256/EC on emergency measures to protect against Bovine Spongiform Encephalopathy (OJ No. L113, 15.4.98, p. 32) being revoked so as to allow the despatch of cattle from Great Britain to another member State or a third country, the official health certificate accompanying all cattle exported from England to Denmark or Finland must contain the statement: "Bovines in accordance with Commission Decision 93/42/EEC of 21st December 1992 concerning IBR for bovines being sent to member States or Regions listed in the Annex to the said Decision". (e) In the event of the prohibition on the export of cattle from Great Britain imposed by Commission Decision 98/256/EC on emergency measures to protect against Bovine Spongiform Encephalopathy (OJ No. L113. 15.4.98, p. 32) being revoked so as to allow the despatch of cattle from England to another member State or a third country, the official health certificate accompanying all cattle exported from England to Austria and Sweden must contain the statement "Bovines in accordance with Commission Decision 95/109/EC". (f) In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (OJ No. L178, 17.7.2003, p. 28), the importation into England from the Italian region of Sardinia of animals of the suidae family is prohibited. 2. Council Directive 88/407/EEC
laying down the animal health requirements applicable to
intra-Community trade in and imports of semen of domestic animals of
the bovine species (OJ No. L194, 22.7.88, p. 10), as amended by, and
as read with - 3. Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ No. L302, 19.10.89, p. 1), as amended by, and as read with - Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Commission Decision 92/290/EEC (OJ No. L152, 4.6.92, p. 37); Council Directive 93/52/EEC (OJ No. L175, 19.7.93, p. 21); Commission Decision 94/113/EC (OJ No. L53, 24.2.94, p. 23); (as from 1st May 2004) Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and the European international instruments. Relevant provisions: Articles 3 and 6. 4. Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with - Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 92/36/EEC (OJ No. L157, 10.6.92, p. 28); Commission Decision 92/130/EEC (OJ No. L47, 22.2.92, p. 26); Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Commission Decision 2002/160/EC (OJ No. L053, 23.2.2002, p. 37); and the European international instruments. Relevant provisions: Articles 4, 5, 7(1), and 8.
(b) The derogation permitted under Article 7(2) shall not apply in relation to equidae brought into England. 5. Council Directive 90/429/EEC
laying down the animal health requirements applicable to
intra-Community trade in and imports of semen of domestic animals of
the porcine species (OJ No. L224, 18.8.90, p. 62) and Commission
Decision 99/608/EC (OJ No. L242, 14.9.99, p. 20); as read with and as
amended by 6. Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ No. L303, 30.10.90, p. 6), as amended by, and as read with - Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54); Commission Decision 92/340/EEC (OJ No. L188, 8.7.92, p. 34); Commission Decision 92/369/EEC (OJ No. L195, 14.7.92, p. 25); Council Directive 93/120/EEC (OJ No. L340, 31.12.93, p. 35); Commission Decision 95/160/EC (OJ No. L105, 9.5.95, p. 40); Commission Decision 95/161/EC (OJ No. L105, 9.5.95, p. 44); Council Directive 95/410/EC (OJ No. L243, 11.10.95, p. 25); Commission Decision 97/278/EC (OJ No. L110, 26.4.97, p. 77); Council Directive 99/90/EC (OJ No. L300, 23.11.1999, p. 19); Commission Decision 2000/505/EC (OJ No. L201, 9.8.2000, p. 8); Commission Decision 2001/867/EC (OJ No. L323, 7.12.2001, p. 29); and the European International instruments. Relevant provisions: Articles 6 to 11, 12(1), and 15 to 17.
(b) The official health certification accompanying day-old chicks exported from England to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 95/160/EC of 21 April 1995. (c) The official health certification accompanying laying hens exported from England to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 95/161/EC of 21 April 1995. (d) The official health certification accompanying poultry for slaughter exported from England to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decisions 95/410/EC of 22 June 1995. 7. Regulation (EC) No 1774/2002 of
the European Parliament and of the Council laying down rules
concerning animal by-products not intended for human consumption (OJ
No. L273, 10.10.2002, p. 1); as amended by, and as read
with - Farmed fish 8. - (1) Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No. L46, 19.2.91, p. 1), as amended by, and as read with - Commission Decision 93/44/EEC (OJ No. L16, 25.1.93, p. 53) (as amended by Commission Decision 94/865/EC (OJ No. L352, 31.12.94, p. 75)); Commission Decision 94/864/EC (OJ No. L352, 31.12.94, p. 74); Commission Decision 95/352/EC (OJ No. L204, 30.8.95, p. 13); Commission Decision 97/804/EC (OJ No. L329, 29.11.97, p. 70)); Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 31); Commission Decision 98/24/EC (OJ No L8, 14.1.98, p. 26); Council Directive 98/45/EC (OJ No. L189, 3.7.98, p. 12); Commission Decision 99/567/EC (OJ No. L216, 14.8.99, p. 13); Commission Decision 2001/159/EC (OJ No. L57, 27.2.01, p. 54); Commission Decision 2002/300/EC (OJ No. L103, 19.4.02, p. 24) (as amended by Commission Decision 2003/378/EC (OJ No. L130, 27.5.03, p. 27)); Commission Decision 2002/308/EC (OJ No. L106, 23.4.02, p. 28) (as amended by Commission Decision 2002/536/EC (OJ No. L173, 3.7.02, p. 17), Commission Decision 2002/1005/EC (OJ No. L349, 24.12.02, p. 109), Commission Decision 2003/114/EC (OJ No. L46, 20.2.03, p. 29),Commission Decision 2003/458/EC (OJ No. L154, 21.6.2003, p. 93)) and Commission Decision 2003/839/EC (OJ No. L319, 4.12.2003, p. 21); Commission Decision 2003/376/EC (OJ No. L130, 27.5.2003, p. 21); Commission Decision 2003/390/EC (OJ No. L135, 3.6.03, p.19); Commission Decision 2003/466/EC (OJ No. L156, 25.6.2003, p. 61); Commission Decision 2003/513/EC (OJ No. L177, 16.7.2003, p. 22); Commission Decision 2003/634/EC (OJ No. L220, 3.9.2003, p. 8) (as amended by Commission Decision 2003/904/EC (OJ No. L340, 24.12.2003, p. 69); and the European international instruments. Relevant provisions: The following provisions in so far as they apply to live fish, eggs and gametes: Articles 3, 4, 7 to 11, and 14 and 16.
(b) In accordance with the derogation in paragraph 8 of Annex 1 of the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, the provisions of Directive 91/67/EEC shall not apply to imports of live fish and crustaceans as well as eggs and gametes of fish and crustaceans for farming or restocking which come from Iceland or Norway. Great Britain shall retain existing national measures in respect of imports of these animals and animal products. Fish other than farmed
fish
Council Directive 95/71/EC (OJ No. L332, 30.12.95, p.
40); 9. Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ No. L46, 19.2.91, p. 19) as amended by, and as read with - Council Directive 90/425/EC (OJ No. L224, 18.8.90, p. 29); Council Directive 92/102/EEC (OJ No. L355, 5.12.92, p. 32); Commission Decision 93/52/EEC (OJ No. L13, 21.1.93, p. 14), as amended by Decisions 2001/292/EC (OJ No. L100, 11.4.2001, p. 28), 2002/482/EC (OJ No. L166, 25.6.2002, p. 23), 2003/44/EC (OJ No. L013, 18.1.2003, p. 23) and 2003/237/EC (OJ No. L 87, 4.4.2003, p. 13); Commission Decision 94/164/EEC (OJ No. L74, 17.3.94, p. 42); Commission Decision 94/953/EEC (OJ No. L371, 31.12.94, p. 14); Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Directive 2001/10/EC of the European Parliament and of the Council (OJ No. L147, 31.5.2001, p. 41); Commission Decision 2002/261/EC (OJ No. L091, 6.4.2002, p. 31); Commission Decision 2003/483/EC (OJ No. L162, 1.7.2003, p. 72); Commission Decision 2003/708/EC (OJ No. L258, 10.10.2003, p. 11); and the European international instruments. Relevant provisions: Articles 4, 5, 6 and 9.
(b) The official health certification accompanying all sheep and goats for fattening and breeding imported into England must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC. 10. Council Directive 92/65/EEC
laying down animal health requirements governing trade in and imports
into the Community of animals, semen, ova and embryos not subject to
animal health requirements laid down in specific Community rules
referred to in Council Directive 90/425/EEC (OJ No. L268, 14.9.92, p.
54), as amended by, and as read with -
(b) The importation into England of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least one month. (c) Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions. 11. Council Directive 92/118/EEC
laying down animal and public health requirements governing trade in
and imports into the Community of products not subject to the said
requirements laid down in specific Community rules referred to in
Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to
Directive 90/425/EEC (OJ No. L62, 15.3.93, p. 49) as amended by, and
as read with - 12. Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ No. L206, 12.8.1977, p. 8), as amended by, and as read with - The Act concerning the conditions of accession of the Hellenic Republic to the European Communities (OJ No. L291, 19.11.79, p. 17); Council Directive 79/268/EEC (OJ No. L62, 13.3.79, p. 5); Council Regulation 3768/85/EEC (OJ No. L362, 31.12.85, p. 8); Council Directive 85/586/EEC (OJ No. L372, 31.12.85, p. 44); Commission Decision 86/404/EEC (OJ No. L233, 20.8.86, p. 19); Commission Decision 88/124/EEC (OJ No. L62, 8.3.88, p. 32); Council Directive 91/174/EEC (OJ No. L85, 5.4.91, p. 37); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/80/EC (OJ No. L19, 25.1.96, p. 50); Commission Decision 96/510/EC (OJ No. L210, 20.8.96, p. 53); Commission Decision 2002/8/EC (OJ No. L003, 5.1.2002, p. 53); and the European international instruments. Relevant provisions: Articles 5 and 7. 13. Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (OJ No. L382, 31.12.1988, p. 36), as amended by, and as read with - Commission Decision 89/503/EEC (OJ No. L247, 23.8.89, p. 22); Commission Decision 89/506/EEC (OJ No. L247, 23.8.89, p. 34); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/510/EC (OJ No. L210, 20.08.96, p. 53); and the European international instruments. Relevant provisions: Articles 2(2), 5, 7(2) and 9. 14. Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (OJ No. L153, 6.6.1989, p. 30), as amended by, and as read with - Commission Decision 90/258/EEC (OJ No. L145, 8.6.90, p. 39); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/510/EC (OJ No. L210, 20.08.96, p. 53); and the European international instruments. Relevant provisions: Articles 3(2) and 6. 15. Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ No. L224, 18.8.90, p. 55), as amended by, and as read with - Commission Decision 92/353/EEC (OJ No. L192, 11.7.92, p. 63); Commission Decision 92/354/EEC (OJ No. L192, 11.7.92, p. 66); Commission Decision 93/623/EEC (OJ No. L298, 3.12.93, p. 45) as amended by Decision 2000/68/EC (OJ No. L023, 28.1.2000, p. 72); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/78/EC (OJ No. L19, 25.1.96, p. 39); Commission Decision 96/510/EC (OJ No. L210, 20.08.1996, p. 53); and the European international instruments. Relevant provisions: Articles 6 and 8. 1. Any person transporting cattle or pigs in intra-Community trade shall do so in accordance with this Part. 2. He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall preserve the register for at least three years -
(b) places and dates of delivery, and the name or business name and address of the consignee; (c) species and number of animals carried; (d) date and place of disinfection; (e) the unique identifying number of accompanying health certificates. 3. He shall ensure that the means
of transport is constructed in such a way that the animal faeces,
litter or feed cannot leak or fall out of the
vehicle.
(b) the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.
1. Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade in cattle, pigs, sheep or goats shall comply with the provisions of this Part. 2. - (1) The dealer shall -
(b) be registered with, and have a registration number issued, by the Secretary of State. (2) The Secretary of State shall only issue
an approval under this paragraph if satisfied that the dealer will
comply with the provisions of this Part and, in the case of a dealer
in sheep or goats, that the dealer has agreed to comply with the
requirements for the operation of his premises which an inspector has
specified in an operational agreement as being the requirements the
inspector believes are necessary to ensure the premises are capable of
being operated in accordance with the second indent of Article 3(2) of
Council Directive 90/425/EEC.
(b) the origin of the animals; (c) the date of purchase; (d) the categories, number and identification of cattle, sheep and goats; (e) the registration number of the holding of origin or the herd of origin of pigs; (f) the registration number of the transporter or the licence number of the lorry delivering and collecting animals; (g) the name and address of the buyer and the destination of the animals; and (h) copies of route plans and numbers of health certificates. 5. In the case of a dealer who
keeps cattle, pigs, sheep or goats on his premises he shall ensure
that -
(b) all necessary steps are taken to prevent the spread of disease. 6. - (1) The dealer
shall only use premises approved for the purpose by the Secretary of
State under this paragraph and which, in the case of a dealer in sheep
and goats, are specified in an operational
agreement. Foot and mouth disease Classical swine fever African swine fever Swine vesicular disease Newcastle disease Rinderpest Peste des petits ruminants Vesicular stomatitis Bluetongue African horse sickness Viral equine encephalomyelitis Teschen disease Avian influenza Sheep and goat pox Lumpy skin disease Rift valley fever Contagious bovine pleuropneumonia Bovine spongiform encephalopathy Infectious haematopoietic necrosis Viral haemorrhagic disease (1) Council Decision 79/542/EEC drawing up a list of third countries from which the member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products (OJ No. L146, 14.6.79, p. 15), as amended by, and as read with: Commission Decision 92/160/EEC (OJ No. L71, 18.3.92, p. 27), as amended by Decisions 2000/163/EC (OJ No. L051, 24.2.2000, p. 46), 2000/508/EC (OJ No. L204, 11.8.2000, p. 44), 2001/611/EC (OJ No. L214, 8.8.2001. p.49), 2001/619/EC, (OJ No. L215, 9.8.2001, p. 55), 2001/622/EC (OJ No. L216, 10.8.2001, p. 26) and 2002/635/EC (OJ No. L206, 3.8.2002, p. 20); Commission Decision 92/161/EEC (OJ No. L71, 18.3.92, p. 29); Commission Decision 93/100/EEC (OJ No. L40, 17.2.93, p. 23); Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p. 11); Commission Decision 95/536/EC (OJ No. L304, 16.12.95, p. 49); Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1); Commission Decision 96/624/EC (OJ No. L279, 31.10.96, p. 33); Commission Decision 97/10/EC (OJ No. L3, 7.1.97, p. 9) as amended by Decision 2001/622/EC (OJ No. L216, 10.8.2001, p. 26); Commission Decision 97/160/EC (OJ No. L62, 4.3.97, p. 39); Commission Decision 97/350/EC (OJ No. L150, 7.6.97, p. 44); Commission Decision 97/685/EC (OJ No. L287, 21.10.97, p. 54); Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53); Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77); Commission Decision 99/236/EC (OJ No. L87, 31.2.99, p. 13); Commission Decision 99/558/EC (OJ No. L211, 11.8.99, p. 53); Commission Decision 99/759/EC (OJ No. L300, 23.11.99, p. 30); Commission Decision 2000/02/EC (OJ No. L1, 4.1.2000, p. 17) as amended by Decision 2000/136/EC (OJ No. L45, 17.2.2000, p. 41); Commission Decision 2000/162/EC (OJ No. L51, 24.2. 2000, p. 41); Commission Decision 2000/209/EC (OJ No. L64, 11.3.2000, p. 22); Commission Decision 2000/236/EC (OJ No. L74, 23.3.2000, p. 19); Commission Decision 2001/117/EC (OJ No. L 43, 14.02.2001, p. 38); and Commission Decision 2001/731/EC (OJ No. L274, 17.10.2001, p. 22). (2) Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs (OJ No. L156, 7.7.95, p. 76), as amended by, and as read with - Commission Decision 96/619/EC (OJ No. L276, 29.10.96, p. 18); Commission Decision 96/628/EC (OJ No. L282, 1.11.96, p. 73); Commission Decision 96/659/EC (OJ No. L302, 26.11.96, p. 27); Commission Decision 97/183/EC (OJ No. L76, 18.3.97, p. 32); Commission Decision 2001/732/EC (OJ No. L 275, 18.10.2001, p. 14); Commission Decision 2001/751/EC (OJ No. L 281, 25.10.2001, p. 24); and Commission Decision 2002/183/EC (OJ No. L 61, 2.3.2002, p. 56). (3) Commission Decision 97/232/EC drawing up lists of third countries from which the member States authorise imports of sheep and goats (OJ No. L93, 8.4.97, p. 43), as amended by, and as read with - Commission Decision 99/541/EC (OJ No. L207, 6.8.99, p. 31), Commission Decision 2001/600/EC (OJ No. L210, 3.8.2001, p. 51); Commission Decision 2002/3/EC (OJ No. L002, 4.1.2002, p. 17); Commission Decision 2003/111/EC (OJ No. L210, 03.08.2001, p. 25); and Commission Decision 2003/736/EC (OJ No. L266, 19.02.2002, p. 1). 1. Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, and fresh meat or meat products from third countries (OJ L302, 31.12.72, p. 28), as amended by, and as read with - Council Directive 90/423/EEC (OJ No. L224, 18.8.90, p. 13); Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 91/69/EEC (OJ No. L46, 19.2.91, p. 37); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 91/688/EEC (OJ No. L377, 31.12.91, p. 18); and the European international instruments. Relevant provisions: Articles 6, 10, 11 and 13. 2. Commission Decision 2002/199/EC on animal health conditions and veterinary certification for imports of live bovine and porcine animals from third countries (OJ No. L71, 13.03.2002, p. 1) as amended by and, as read with - Commission Decision 2002/578/EC (OJ No. L183,12.07.2002, p. 62); Commission Decision 2004/82/EC (OJ No. L17, 24.1.2004, p. 46); and the European International Instruments. Relevant provisions: Articles 3, 4, 5, 6 and 7. The official health certificate accompanying all swine imported into England from approved third countries specified in Commission Decisions amending Commission Decision 2002/199/EC must contain the statement: "Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky's disease". General 3. Council Directive 90/426/EEC on heath conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with - Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 92/36/EEC (OJ No. L157, 10.6.92, p. 28); Commission Decision 92/130/EEC (OJ No. L47, 22.2.92, p. 26); Commission Decision 95/329/EC (OJ No. L191, 12.8.95, p. 36); Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53); Commission Decision 2002/160/EC (OJ No. L053, 23.3.2002, p. 37); and the European international instruments. Relevant provisions: Articles 11, 12(1), 13 to 16 and 18. Temporary admission of registered horses 4. Commission Decision 92/260/EEC (OJ No. L130, 15.5.92, p. 67), as amended by, and as read with - Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p. 11); Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11); Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17); Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53); Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1); Commission Decision 96/486/EC (OJ No. L198, 8.8.96, p. 49); Commission Decision 97/10/EC (OJ No. L3, 7.1.97, p. 9) as amended by Decision 2001/622/EC (OJ No. L216, 10.8.2001, p. 26); Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44); Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53); Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77); Commission Decision 99/613/EC (OJ No. L24, 15.9.99, p. 12); Commission Decision 2000/209/EC (OJ No. L064, 11.3.2000, p. 22); Commission Decision 2001/117/EC (OJ No. L043, 14.2.2001, p. 38); Commission Decision 2001/611/EC (OJ No. L214, 8.8.2001, p. 49); Commission Decision 2001/619/EC (OJ No. L215, 9.8.2001, p. 55); Commission Decision 2001/828/EC (OJ No. L308, 27.11.2001, p. 41); Commission Decision 2002/635/EC (OJ No. L206, 3.8.2002, p. 20); Commission Decision 2002/636/EC (OJ No. L206, 3.8.2002, p. 27); Commission Decision 2003/13/EC (OJ No. L007, 11.1.2003, p. 86); Commission Decision 2003/541/EC (OJ No. L185, 24.07.2003, p. 41); Commission Decision 2004/117/EC (OJ No. L36, 7.2.2004, p. 20); and the European international instruments. Relevant provisions: Article 1. Registered horses for racing, etc. 5. Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (OJ No. L86, 6.4.93, p. 1), as amended by, and as read with - Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11); Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17); Commission Decision 95/99/EC (OJ No. L76, 5.4.95, p. 16); Commission Decision 95/461/EC (OJ No. L265, 8.1.95, p. 40); Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1); Commission Decision 97/684/EC (OJ No. L287, 21.10.97, p. 49); Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44); Commission Decision 98/567/EC (OJ No. L276, 13.10.98, p. 11); Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53); Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77); Commission Decision 99/558/EC (OJ No. L211, 11.8.99, p. 53); Commission Decision 2000/209/EC (OJ No. L64, 11.3.00, p. 64); Commission Decision 2000/754/EC (OJ No. L303, 12.12.00, p. 34); Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38); Commission Decision 2001/144/EC (OJ No. L53, 23.2.01, p. 23); Commission Decision 2001/610/EC (OJ No. L43, 8.8.01, p. 45); Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49); and the European international instruments. Relevant provisions: Article 1. 6. Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter (OJ No. L86, 6.4.93, p. 7), as amended by - Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11); Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53); Commission Decision 96/82/EC (OJ No. L19, 25.1.96, p. 56); Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1); Commission Decision 96/486/EC (OJ No. L198, 8.8.96, p. 49); Commission Decision 97/36/EC (OJ No. L14, 17.1.97, p. 57); Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44); Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77); Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38); Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49); and the European international instruments. Relevant provisions: Article 1. 7. Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production (OJ No. L86, 6.4.93, p. 16), as amended by, and as read with - Commission Decision 93/510/EEC (OJ No. L238, 23.9.93, p. 45); Commission Decision 93/682/EEC (OJ No. L317, 18.12.93, p. 82); Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11); Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17); Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53); Commission Decision 96/82/EC (OJ No. L19, 25.1.96, p. 56); Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1); Commission Decision 96/486/EC (OJ No. L198, 8.8.96, p. 49); Commission Decision 97/10/EC (OJ No. L3, 7.1.97, p. 9); Commission Decision 97/36/EC (OJ No. L14, 17.1.97, p. 57); Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44); Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53); Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77); Commission Decision 99/236/EC (OJ No. L87, 31.3.99, p. 13); Commission Decision 99/252/EC (OJ No. L96, 10.4.99, p. 31); Commission Decision 99/613/EC (OJ No. L243, 15.9.99, p. 12); Commission Decision 2000/209/EC (OJ No. L64, 11.3.00, p. 64); Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38); Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49); Commission Decision 2001/619/EC (OJ No. L215, 9.8.01, p. 55); Commission Decision 2001/754/EC (OJ No. L282, 26.10.01, p. 34); Commission Decision 2001/766/EC (OJ No. L288, 1.11.01, p. 50); Commission Decision 2001/828/EC (OJ No. L308, 27.11.01, p. 41); Commission Decision 2002/635/EC (OJ No. L206, 3.8.02, p. 20); Commission Decision 2002/841/EC (OJ No. L206, 25.10.02, p. 42); Commission Decision 2003/541/EC (OJ No. L185, 24.07.2003, p. 41); Commission Decision 2004/117/EC (OJ No. L36, 7.2.2004, p. 20); and the European international instruments.
(b) The test results must be attached to the health certificate accompanying the imported equidae; (c) As from 1st May 2004, these paragraphs shall not apply to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic 8. Council Directive 90/539/EEC on
animal health conditions governing intra-Community trade in, and
imports from third countries of poultry and hatching eggs (OJ No.
L303, 30.10.90, p. 6) as amended by, and as read
with - 9. Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC (OJ No. L268, 14.9.92, p. 54), as amended by, and as read with - Commission Decision 95/176/EC (OJ No. L117, 24.5.95, p. 23), Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Commission Regulation (EC) No 1282/2002 (OJ No. L187, 16.7.2002, p. 3); Council Regulation (EC) No. 1802/2002 (OJ No. L274, 11.10.2002, p. 21); Council Regulation (EC) No. 1398/2003 (OJ No. L198, 6.8.2003, p. 3); and the European international instruments and Joint Committee Decision 69/96 of 17 July 1998 amending Annex 1 (Veterinary and Phytosanitary matters) to the Agreement on the European Economic Area (OJ No. L158, 24.6.99, p. 1). Relevant provisions: Articles 17.1, 17(2) and 18. 10. Commission Decision 93/198/EEC laying down a model for the animal health conditions and veterinary certification for the importation of domestic ovine and caprine animals from third countries (OJ No. L86, 6.4.93, p. 34), as amended by, and as read with - Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11); Commission Decision 97/231/EC (OJ No. L93, 8.4.97, p. 22); Commission Decision 97/232/EC (OJ No. L93, 8.4.97, p. 43); Commission Decision 2002/261/EC (OJ No. L91, 6.4.2002, p. 31); Commission Decision 2003/708/EC (OJ No. L258, 10.10.2003, p. 11); and the European international instruments. Relevant provisions: Article 1. 11. Commission Decision 2003/56/EC on health certificates relating to live animals, their semen, ova and embryos imported from New Zealand (OJ No. L22, 25.1.03, p. 38) as amended by Commission Decision 2003/385/EC (OJ No. L133, 29.5.03, p. 87) and Commission Decision 2003/669/EC (OJ No. L237, 24.9.03, p. 7). Relevant provisions: Articles 1, 2 and 3. 12. Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ No. L178, 12.7.94, p. 66), as read with - Commission Decision 96/509/EC (OJ No. L210, 20.8.96, p. 47); and Commission Decision 96/510/EC (OJ No. L210, 20.8.96, p. 53). 13. Commission Decision 95/352/EC on animal health conditions and the certification requirements for the importation from third countries of Crassostrea gigas for relaying in Community waters (OJ No. L204, 30.8.95, p. 13).
(This note is not part of the Regulations) These Regulations revoke and re-enact with changes the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (S.I. 2000/1673). They implement Council Directive 90/425/EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market) (OJ No. L224, 18.8.90, p. 29) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) (OJ No. L268, 24.9.91, p. 56). They continue to include the following provisions: With respect to intra-Community trade, the Regulations make it an offence to export, import or transport for intra-Community trade any animal or animal product to which Directive 90/425/EEC applies except in accordance with that Directive (regulations 5, 6 and 7). The Regulations also set out the procedure and requirements for the registration of dealers in animals and animal products (regulation 8), the approval of centres and teams engaging in intra-Community trade in animals and animal products (regulation 9), and the approval of assembly centres (regulation 12). They place duties on consignees of animals and animal products (regulation 11), and specify the procedure to be followed in the case of illegal consignments (regulation 13). They give to inspectors the powers of inspection and examination specified in Directive 90/425/EEC, together with the necessary powers of entry (regulations 10 and 29). With respect to the importation of animals from third countries, the Regulations prohibit the importation of any animal unless the conditions of Council Directive 91/496/EEC are complied with (regulation 16). They specify the places at which animals may be imported (regulation 17), and the procedure for importation (regulation 18), provide for the payment of fees (regulation 19) and the procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal (regulations 20 and 21) and specify that, at the place of destination, animals for breeding and production may not be released until authorised by an authorised officer of the Secretary of State (regulation 22). The Regulations also give powers to the Secretary of State to take action in the event of an outbreak of disease in another state (regulation 27) and make provision for the notification of decisions, powers of entry and penalties. Changes from the previous legislation With respect to intra-Community trade, these Regulations include new provisions at regulation 6(2) (requirements for animals travelling to their place of destination or transiting England), regulation 6(3) (requirements for animals imported for slaughter which are taken to an assembly centre), regulation 6(4) (power for an inspector to enforce the requirements in regulation 6(3)), and regulation 6(5) (requirement for animals imported for slaughter to be taken directly and without undue delay to a slaughterhouse). They also require dealers in sheep and goats to comply with the provisions in Part III of Schedule 3 (in accordance with Commission Decision 2003/483/EC) (OJ No. L162, 1.7.2003, p. 72) (regulation 8(1)). The record-keeping requirements at assembly centres now also apply in the case of sheep and goats (regulation 12(4)(b)(i) and (ii)). With respect to the importation of animals from third countries, these Regulations include a new provision at regulation 16(4) (requirement for animals imported for slaughter to be taken directly and without undue delay to a slaughterhouse). Schedules 2 to 5 have been updated in order to implement Community instruments that have come into force since the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 were last amended (including 4 instruments in Part I of Schedule 3 that apply as from 1st May 2004). The Regulations also implement as from 1st May 2004 the amendments made to Community instruments by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p. 33). A regulatory impact assessment has not been prepared for these Regulations. Notes: [1] S.I. 1972/1811.back [3] OJ No. L224, 18.8.90, p.29, as amended by and as read with the provisions listed in Schedule 1.back [4] OJ No. L268, 24.9.91, p.56, as amended by and as read with the provisions listed in Schedule 1.back [5] OJ No. L73, Special Edition, 27.3.72.back [6] OJ No. L1, 3.1.94, p.1.back [7] OJ No. C241, 29.8.94, p.21, as amended by OJ No. L12, 1.1.95, p.1.back [8] OJ No. L236, 23.9.03, p.33.back [9] OJ No. L46, 19.2.91, p.1, as amended by and as read with the provisions listed in paragraph 8 of Part I of Schedule 3.back [10] OJ No. L268, 14.9.92, p.54, as amended by and as read with the provisions listed in paragraph 10 of Part I of Schedule 3.back [11] S.I. 1997/1480, to which there are amendments not relevant to these Regulations.back [12] OJ No. L224, 1.8.90, p.55, as amended by and as read with the provisions listed in paragraph 15 of Part I of Schedule 3.back [13] S.I. 1995/539, to which there are amendments not relevant to these Regulations.back [14] S.I. 1995/540, to which there are amendments not relevant to these Regulations.back [15] OJ No. L224, 18.8.90, p.29, as amended by and as read with the provisions listed in Schedule 1.back [17] S.I. 1974/2211; relevant amendment is S.I. 1994/1716.back [18] OJ No. L340, 11.2.91, p.17, as last amended by OJ No. L122, 16.5.2003, p.1.back [19] OJ No. L224, 18.8.90, p.29, as amended by and as read with the provisions listed in Schedule 1.back [27] OJ No. L16, 25.1.93, p.16.back
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