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Statutory Instrument 2005 No. 2002
The Animals and Animal Products (Import and
Export) (England) Regulations 2005
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STATUTORY INSTRUMENTS
2005 No. 2002
ANIMALS, ENGLAND
ANIMAL HEALTH
The Animals and Animal Products (Import and
Export) (England) Regulations 2005
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Made |
18th July 2005 |
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Laid before Parliament |
21st July 2005 |
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Coming into force |
15th August 2005 |
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ARRANGEMENT OF REGULATIONS
PART 1
Introduction
PART 2
Intra-Community Trade
PART 3
Third Countries
PART 4
Imports Where Checks Have Been Carried Out in Another
Member State
PART 5
General
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 save in
relation to fees charged by the Secretary of State, and, in relation
to such fees, in exercise of the powers conferred on her by section
56(1) and (2) of the Finance Act 1973[3] and
with the consent of the Treasury, makes the following
Regulations:
PART 1
Introduction
Title, application,
commencement and interpretation
1. —(1) These Regulations may be cited as the Animals and
Animal Products (Import and Export) (England) Regulations 2005; they
apply in relation to England only and come into force on 15th August
2005.
(2) In these Regulations—
"approved assembly centre" means an assembly centre approved by
the Secretary of State in accordance with regulation 12;
"assembly centre" means any holding, collection centre or market
at which cattle, pigs, sheep or goats originating from different
holdings are grouped together to form consignments of animals
intended for intra-Community trade or which is used in the course of
intra-Community trade;
"border inspection post" means, in relation to a species of
animal, a place specified in relation to that species in Schedule
2;
(a) in the case of cattle or pigs, any person who buys and sells
animals commercially either directly or indirectly, who has a
regular turnover of those animals and who within 30 days of
purchasing animals resells or relocates them to other premises not
within his ownership; and
(b) in the case of sheep or goats,
any person who buys and sells animals commercially either directly
or indirectly, who has a turnover of those animals and who within 29
days of purchasing animals resells or relocates them to other
premises or directly to a slaughterhouse not within his
ownership;
"Defra" means the Department for Environment, Food and Rural
Affairs;
"European international instruments" means—
(a) the Act of Accession to the European Communities of the
Kingdom of Denmark, Ireland, the Kingdom of Norway and the United
Kingdom of Great Britain and Northern Irelan[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[5];
(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[6];
and
(d) 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[7];
"herd" or "flock" means a group of animals kept as an
epidemiological unit;
"inspector" means a person appointed to be an inspector for the
purposes of these Regulations by the Secretary of State or a local
authority, and when used in relation to a person so appointed by the
Secretary of State includes a veterinary inspector;
(a) as respects each unitary authority, metropolitan district or
non-metropolitan county, the council of that unitary authority,
district or county;
(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;
"place of destination" means the address or addresses to which
the consignment is consigned by the consignor;
"re-inspection" in relation to the Poultry Health Scheme means
an additional inspection described in paragraph 8 of Part I,
Schedule 4, and "re-inspection fee" is the fee provided for in that
paragraph;
"required consignment documentation" means any certificates or
other documents that are required by these Regulations to accompany
the consignment;
"veterinary inspector" means a person appointed as a veterinary
inspector by the Secretary of State.
(3) References in these Regulations to the
European Union legislation listed in this paragraph shall be construed
as follows—
"Commission Regulation (EC) No. 282/2004" means Commission
Regulation (EC) No. 282/2004 introducing a document for the
declaration of, and veterinary checks on, animals from third
countries entering the Community[8];
"Council Directive 64/432/EEC" means Council Directive
64/432/EEC on animal health problems affecting intra-Community trade
in bovine animals and swine[9] as
amended by and as read with the instruments listed in paragraph 1 of
Part I of Schedule 3;
"Council Directive 90/425/EEC" has the meaning given in
paragraph 4(a);
"Council Directive 90/427/EEC" means Council Directive
90/427/EEC on the zootechnical and genealogical conditions governing
intra-Community trade in equidae[10],
as amended by and as read with the instruments listed in paragraph
15 of Part I of Schedule 3;
"Council Directive 90/539/EEC" means Council Directive
90/539/EEC on animal health conditions governing intra-Community
trade in, and imports from third countries of, poultry and hatching
eggs[11],
as amended by and as read with, in relation to intra-Community trade
with the instruments listed in paragraph 6 of Part I of Schedule 3
and in relation to imports from third countries, the instruments
listed in paragraph 9 of Part II of Schedule 7;
"Council Directive 91/67/EEC" means Council Directive 91/67/EEC
concerning the animal health conditions governing the placing on the
market of aquaculture animals and products[12],
as amended by and as read with the instruments listed in paragraph
8(1) of Part I of Schedule 3;
"Council Directive 91/68" means Council Directive 91/68/EEC on
animal health conditions governing intra-Community trade in ovine
and caprine animals[13]
as amended by and as read with the instruments listed in paragraph 9
of Part I of Schedule 3;
"Council Directive 91/496/EEC" has the meaning given in
paragraph 4(b);
"Council Directive 92/65/EEC" means 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 Annex A(1) to Council Directive
90/425/EEC[14],
as amended by and as read with, in relation to intra-Community
trade, the instruments listed in paragraph 10 of Part I of Schedule
3, and in relation to imports from third countries, the instruments
listed in paragraph 10 of Part II of Schedule 7;
"Regulation (EC) No. 998/2003" means Regulation (EC) No.
998/2003 on the animal health requirements applicable to the
non-commercial movement of pet animals and amending Council
Directive 92/65/EEC[15],
as amended by Commission Regulation (EC) No. 2054/2004[16].
(4) Unless specifically defined in these
Regulations, any expression used in these Regulations has the meaning
it bears in the following instruments—
(a) 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
single market[17]
as amended by and as read with the instruments listed in Schedule 1;
and
(b) Council Directive 91/496/EEC laying down the
principles governing the organisation of veterinary checks on
animals entering the Community from third countries[18]
as amended by and as read with the instruments listed in Schedule
1.
(5) A notice, approval or declaration under
these Regulations shall be in writing, may be made subject to
conditions and may be amended, suspended or revoked in writing at any
time.
Exception
2. —(1) Subject to paragraph (2), these Regulations shall
not apply to veterinary checks on movements of pets (other than
equidae) accompanied by and under the responsibility of a natural
person, where such movements are not the subject of a commercial
transaction.
(2) Where any person is
accompanying and has under his responsibility more than five pets
travelling together that—
(a) are each of a species listed in Annex I to Regulation (EC)
No. 998/2003; and
(b) come from a third country other than
one listed in section 2 of part B of Annex II to Regulation (EC) No.
998/2003,
these Regulations shall apply to the veterinary checks on the
movements of those animals, notwithstanding that their movement is not
the subject of a commercial
transaction.
Enforcement
3. —(1) Except where otherwise expressly provided,
these Regulations shall be enforced by the local
authority.
(2) The Secretary of State
may direct, in relation to cases of a particular description, or a
particular case, that she, and not the local authority, shall
discharge any duty imposed on a local authority under paragraph
(1).
PART 2
Intra-Community Trade
Application of
Part 2
4. This Part
shall apply to trade between member States in live animals and animal
products that 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.
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 (listed instruments) in Part I of Schedule
3 unless—
(a) it complies with the relevant provisions of the listed
instruments (including any option which has been exercised by the
member State of destination), and any additional requirements
specified in that Part;
(b) when required by a listed
instrument, it is accompanied by—
(i) an export health certificate signed by a veterinary
inspector (or, where specified in an instrument, signed by a
veterinary surgeon nominated by the exporter); or
(ii) any
other document required by the instrument;
(c) when required by a listed 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
(d) if the animal is acquired through or
transits an assembly centre, that centre is an approved assembly
centre.
(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.
(3) In the
event of a notice served under paragraph (2) 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.
(4) No person shall export to
another member State any animal to which the provisions of Article 6,
7, 9 or 10 of Council Directive 92/65/EEC apply unless the animal
originates from—
(a) a holding that has been registered with the Secretary of
State and the owner or person in charge of that holding has given to
the Secretary of State undertakings in accordance with Article 4 of
Council Directive 92/65/EEC; or
(b) a body, institute or
centre that has been approved by the Secretary of State in
accordance with regulation 9(1) and that conforms with the
requirements of Annex C to Council Directive 92/65/EEC.
(5) No person shall export to another
member State any hatching eggs, day-old chicks or poultry to which
Article 6 of Council Directive 90/539/EEC, applies unless they
originate from an establishment that—
(a) is a member of the monitoring scheme, known as the Poultry
Health Scheme, operated by the Secretary of State in accordance with
Schedule 4 to these Regulations; and
(b) conforms with the
requirements of Annex II to Council Directive 90/539/EEC.
(6) An establishment to which paragraph
(5)(a) applies is to be considered an approved establishment for the
purposes of Article 6(1)(a) of Council Directive
90/539/EEC.
Imports
6. —(1) No person shall import from another member State
(either for entry into the UK or by way of transit to another member
State) any animal or animal product subject to an instrument in Part I
of Schedule 3 unless it complies with the relevant provisions of that
instrument (subject to any derogations specified in that Part) and
with any additional requirements specified in that
Part.
(2) Where an animal subject to an
instrument in Part I of Schedule 3 is imported from another member
State (either for entry into the UK or by way of transit to another
member State), the importer, and the person in charge of the animal,
if different, shall comply with all the relevant provisions of that
instrument until it arrives at its place of destination or leaves
England, as the case may be.
(3) Where
cattle, pigs, sheep or goats are imported from another member State
for slaughter in England and are taken to an approved assembly centre
(the centre), the importer shall ensure that they are removed from the
centre directly to a slaughterhouse and slaughtered there, in the case
of sheep and goats within 5 days of their arrival at the centre, and
in the case of cattle and pigs within 3 days of their arrival at the
centre.
(4) Where an animal to which
paragraph (3) relates is not slaughtered within the specified period,
an inspector may, by notice served on the person appearing to him to
be in charge of the animal, require the animal to be slaughtered as
may be specified in the notice.
(5)
Where an animal is imported from another member State for slaughter,
other than an animal taken to an approved assembly centre, it must be
taken directly and without undue delay to a slaughterhouse, and if it
is not taken directly and without undue delay to a slaughterhouse, an
inspector may, by notice served on the person appearing to him to be
in charge of the animal, require the animal to be taken to such
slaughterhouse as may be specified in the
notice.
(6) If a notice served under
either paragraph (4) or (5) is not complied with, an inspector may
seize the animal and arrange for the requirements of the notice to be
complied with.
Transport of animals and animal
products
7. —(1) No
person shall transport any animal or animal product in intra-Community
trade unless it is accompanied by the documents required by Article
3(1)(d) of Council Directive
90/425/EEC.
(2) No person shall deliver
any animal or animal product imported from another member State other
than to the address specified in the required consignment
documentation unless required to do so by means of a notice served on
him by an inspector; and, if an animal or animal product is delivered
to an address other than that specified in the required consignment
documentation and not in compliance with a notice served by an
inspector, an inspector may serve a notice on the person appearing to
him to be in charge of the animal or animal product requiring that
person to transport it, at that person's expense, to the address
specified in the required consignment
documentation.
(3) In the event of a
notice served under paragraph (2) 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.
(4) In the case of the transport
of cattle, pigs, sheep or goats, the provisions of Part II of Schedule
3 shall have effect, and any failure to comply with those provisions
may lead to the amendment, suspension or revocation of an
authorisation to transport those animals granted under article 12 of
the Welfare of Animals (Transport) Order 1997[19] in
accordance with Schedule 9 to that
Order.
Dealers
8. —(1) Dealers in cattle, pigs, sheep or goats, engaging
in intra-Community trade shall comply with Part III of Schedule
3.
(2) Dealers in other animals
engaging in intra-Community trade, if required to do so by a notice
served by the Secretary of State, shall register as such with the
Secretary of State and shall give such undertakings as to compliance
with these Regulations as shall be specified in the
notice.
(3) The Secretary of State
shall keep a register of dealers registered under paragraph
(2).
(4) Any person who has registered
under paragraph (2) shall keep a record of—
(a) all deliveries of animals; and
(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.
Approval of centres and teams for the purposes
of Council Directive 92/65/EEC and of laboratories for the purposes of
Council Directive 90/539/EEC
9. —(1) For the purposes of Articles 5 and 13 of Council
Directive 92/65/EEC, the Secretary of State shall approve any body,
institute or centre which has applied for approval in accordance with
Article 13 of that Directive and which conforms with the requirements
of Annex C to that Directive.
(2) The
Secretary of State shall suspend, withdraw or restore the approval
referred to in paragraph (1) in accordance with point 6 of Annex C to
that Directive.
(3) For the purposes of
Article 11 of Council Directive 92/65/EEC, the Secretary of State
shall approve any semen collection centre or embryo collection team
which has applied to the Secretary of State for approval in accordance
with Article 11 of that Directive and which meets the conditions
applicable to it in respect of approval and the performance of its
duties as required by Article 11 of and Annex D to that
Directive.
(4) The Secretary of State
shall approve laboratories in accordance with Schedule 5 to these
Regulations for the purposes of carrying out the tests for Mycoplasma
infections required under Chapter III of Annex II to Council Directive
90/539/EEC.
(5) The tests for
Salmonella infections required under Chapter III of Annex II to
Council Directive 90/539/EEC shall be carried out by laboratories
authorised pursuant to article 2(1) of the Poultry Breeding Flocks and
Hatcheries Order 1993[20].
Inspection
and checking at destination
10. —(1) A veterinary inspector shall have power to
inspect, at their place of destination, all animals and animal
products imported into England from another member State, so as to
ensure that the requirements (including requirements on documentation)
of the relevant provisions of the instruments in Part I of Schedule 3
and any additional requirements specified in Part I of Schedule 3 have
been complied with.
(2) An inspector
shall have power to inspect anywhere and at any time all animals and
animal products imported from another member State, as well as all
accompanying documents, if he has information leading him to suspect
an infringement of the instruments in Part I of Schedule 3 or of any
additional requirements specified in Part I of Schedule
3.
Duties on consignees
11. —(1) No person shall accept a consignment of
animals or animal products (other than registered horses accompanied
by an identification document provided for by Council Directive
90/427/EEC) unless the importer or consignee has notified to an
authorised inspector in writing, at least 24 hours in advance, the
nature of the consignment, its anticipated date of arrival and the
place of destination.
(2) A consignee
shall retain all certificates sent in accordance with these
Regulations for 12 months from the date of
arrival.
(3) The authorised inspector
referred to in paragraph (1) shall be the inspector authorised by the
Secretary of State to receive information about the anticipated date
of arrival of imported animals or animal products for the area in
which the place of destination is situated.
Assembly centres
and slaughterhouses
12. —(1) Any person operating an assembly centre shall do
so in accordance with this
regulation.
(2) The assembly centre
shall be approved by the Secretary of State and given a number, and
approval shall only be given if the Secretary of State is satisfied
that—
(a) in the case of an assembly centre used for cattle or pigs,
the centre complies with the requirements of paragraphs (a) to (d)
of Article 11(1) of Council Directive 64/432/EEC;
(b) in the
case of an assembly centre used for sheep or goats, the centre
complies with the requirements of paragraphs (a) to (d) of Article
8a(1) of Council Directive 91/68/EEC; and
(c) 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.
(4) Where animals are consigned
to an assembly centre, the operator of the assembly centre
shall—
(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[21] or
regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit
Meat (Hygiene and Inspection) Regulations 1995[22],
the official veterinary surgeon shall ensure that no animal is
slaughtered unless it complies with Article 3(1) of Council Directive
90/425/EEC.
(6) If, in carrying out
inspections under the preceding paragraph, the official veterinary
surgeon establishes that animals imported from another member State
are accompanied by incorrect certification or cannot readily be
identified, he shall forthwith notify a veterinary inspector
authorised by the Secretary of State to receive that notification, who
shall examine the animals and shall either—
(a) certify that they are fit to be slaughtered and used for
their intended purpose; or
(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—
(a) shall check, before any animal is marketed or any batch is
divided up, that all the animals comply with the relevant provisions
of an instrument in Part I of Schedule 3, with respect to
identification marks and required consignment
documentation;
(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, 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
13. —(1) If a veterinary inspector knows of or suspects
the presence of agents responsible for a disease referred to in
Schedule 6 or of a zoonosis or any other disease or cause likely to
constitute a serious hazard to animals or humans in animals or animal
products imported from another member State, or that those animals or
animal products have come from a region contaminated by an epizootic
disease, he may serve a notice in accordance with paragraph (2) on the
person appearing to him to be in charge of those animals or
products.
(2) The notice shall require
that person—
(a) immediately to detain the imported animal product, imported
animal or any animal which has been in contact with such imported
animal (and, in the case of detained animals, whether imported or
animals which have been in contact with imported animals, keep them
isolated from other animals), at 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 for the purpose of preventing the
introduction or spreading of disease into or within England;
or
(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 animals or animal products
do 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—
(a) where the cause of non-compliance is the presence in animals
of residues in excess of that permitted under regulation 9 of the
Animals and Animal Products (Examination for Residues and Maximum
Residue Limits) Regulations 1997[23],
maintaining the animals under supervision until the residue levels
fall to the levels permitted by the legislation and, in the event of
the residue levels not falling to the permitted levels, requiring
him to take whatever action is specified in that
legislation;
(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—
(a) he has given the consignor, his representative or the person
appearing to him to be in charge of those animals or products a
notice requiring him to produce the required consignment
documentation within 7 days and to detain the animal or animal
product in accordance with such conditions as may be specified in
the notice; and
(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.
PART 3
Third Countries
Application of Part
3
14. —(1) This Part
shall apply in respect of animals imported into England—
(a) from anywhere other than a member State, and
(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
15. The Secretary of State shall from time to time
designate such veterinary inspectors to act as official veterinarians
as shall be necessary for the purposes of this Part and may revoke
such designation at any
time.
Importation
16. —(1) No person shall import any animal—
(a) either for entry into the UK or for export to another member
State unless the conditions in Article 4 of Council Directive
91/496/EEC are complied with; or
(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 7.
(3) No person
shall import any animal to which an instrument in Part II of Schedule
7 applies unless it complies with the relevant provisions of that
instrument and any additional requirements specified in that
Part.
(4) Where an animal is imported
for slaughter, it must be taken directly and without undue delay to a
slaughterhouse, and if it is not taken directly and without undue
delay to a slaughterhouse, an inspector may by notice served on the
person appearing to him to be in charge of the animal, require the
animal to be taken to such slaughterhouse as may be specified in the
notice.
(5) In the event of a notice
served under paragraph (4) not being complied with an inspector may
seize any animal to which it relates and arrange for the requirements
of the notice to be complied with.
(6)
The person in charge of an animal that has been imported for immediate
re-export, either directly or indirectly, outside the European
Community shall comply with Article 4, second indent, of Commission
Regulation (EC) No. 282/2004.
Places of
import
17. —(1) No
person shall import any animal except at a border inspection post
specified in Schedule 2 for that species of animal, except that
animals specified in Schedule 1 to the Rabies (Importation of Dogs,
Cats and Other Mammals) Order 1974[24]
may also be imported at places permitted under that
Order.
(2) If animals are imported at
any place other than a place permitted under paragraph (1), an
inspector may by notice require the person appearing to him to be in
charge of the consignment to detain and isolate the animals in
accordance with the notice and the following provisions of this
regulation shall have effect.
(3)
Following examination of the animals by a veterinary inspector, the
veterinary inspector may serve a further notice on the person
appearing to him to be in charge of the consignment either releasing
the animals from restriction or requiring the animals to be
slaughtered or slaughtered and destroyed or re-exported outside the
European Community.
(4) In the event of
a notice served under paragraph (2) or (3) not being complied with, an
inspector may seize the animal and arrange for the requirements of the
notice to be complied with.
Import
procedure
18. —(1)
No person shall import any animal unless he has given notice of his
intention to do so in accordance with Article 1 of Commission
Regulation (EC) No. 282/2004.
(2) On
importation, the importer or his agent shall convey the animal, under
the supervision of the enforcement authority, directly to the border
inspection post examination area or, where the instruments in Schedule
7 or the animal health conditions applicable to imports so require, to
a quarantine centre as provided for in the second indent of the first
sub-paragraph of Article 10(1) of Council Directive
91/496/EEC.
(3) No person shall remove
any animal from a quarantine centre or border inspection post unless
the common veterinary entry document has been completed in accordance
with Article 3(1) of Commission Regulation (EC) No. 282/2004
indicating that all necessary veterinary checks have been carried out
to the satisfaction of the official
veterinarian.
(4) No person shall
remove any animal from Customs temporary storage arrangements—
(a) unless the common veterinary entry document has been
produced in accordance with Article 3(3) of Commission Regulation
(EC) No. 282/2004 to an officer of Her Majesty's Customs and Excise
and the removal has been authorised by that officer;
(b) to
any place other than the place of destination specified in the
common veterinary entry document, unless he has been required to
remove it to another place by means of a notice served on him by an
inspector.
(5) The person in charge of an animal
imported from a third country shall ensure that it is conveyed to its
place of destination without delay and that the original of the common
veterinary entry document accompanies it to its place of destination
in accordance with Article 3(4) of Commission Regulation (EC) No.
282/2004.
(6) 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 permit the owner or person so served to move the animal from
the border inspection post, and require that owner or 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.
(7) In the event of a notice
served under paragraph (4) or (6) 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.
Payment
of fees
19. The
official veterinarian shall not authorise the release of animals from
a quarantine centre or border inspection post unless he is satisfied
that all veterinary checks for which a charge is made have been paid
for, and that, where relevant, a deposit covering any cost provided
for in Article 9(1)(a), 9(2), the second and third indents of Article
10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC
has been lodged.
Consignments constituting a danger to
health
20. Where
checks at the quarantine centre or border inspection post or the test
results referred to in regulation 18(6) reveal that an animal or a
consignment of animals is likely to constitute a danger to animal or
human health, the official veterinarian shall immediately seize and
destroy the animal or consignment (as the case may be) and the costs
of such action shall be payable by the importer or his
representative.
Illegal
consignments
21.
—(1) Where checks at the quarantine centre or border inspection post
reveal that the animals do not comply with the provisions of Article 5
of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council
Directive 91/628/EEC on the protection of animals during transport and
amending Directives 90/425/EEC and 91/496/EEC[25],
as amended by Council Directive 95/29/EC[26], a
veterinary inspector shall, by notice served on the person appearing
to him to be in charge of those animals, require that person
to—
(a) shelter, feed and water and, if necessary, treat the
animals;
(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.
(3) If the animals
are re-despatched in accordance with sub-paragraph (1)(c), the
official veterinarian shall cancel the veterinary certificate
accompanying the rejected consignment and complete the box "details of
re-consignment" in part 3 of the common veterinary entry document in
accordance with the second indent of Article 3(1) of Commission
Regulation (EC) No. 282/2004 as soon as the relevant information is
known.
(4) If in the opinion of the
veterinary inspector re-despatch is not possible, in particular for
reasons of the welfare of animals, he shall serve a notice on the
person appearing to him to be in charge of the animals in accordance
with the following paragraph.
(5) A
notice served under the preceding paragraph may authorise slaughter of
the animals for human consumption if the animals comply with all
legislative requirements which must be complied with before slaughter
for human consumption is permitted but, if this is not possible, shall
either—
(a) order the slaughter of the animals for purposes other than
human consumption, or
(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.
(7) The importer or his
representative shall be liable for the costs incurred in measures
under this regulation, but shall be entitled, after deduction of
costs, to the proceeds of any sale.
Arrival at the place of
destination
22. —(1)
On arrival at their place of destination, elephants and animals of the
order Artiodactyla (and their crossbreeds) that are for breeding,
production or fattening, or that are intended for zoos, amusement
parks or hunting or wildlife reserves, shall be detained at the
premises by the person having control of those premises for at least
30 days and he shall not release them until authorised in writing by
an authorised officer of the Secretary of
State.
(2) Paragraph (2) does not apply
in the case of animals being dispatched directly to a
slaughterhouse.
(3) Animals of species
to which paragraph (2) does not apply that are for breeding or
production shall be detained at the place of destination by the person
having control of those premises, and he shall not release them unless
authorised in writing by an authorised officer of the Secretary of
State.
Post-import controls
23. —(1) Where a veterinary inspector knows or
suspects that import conditions have not been complied with or there
is doubt as to the identity of an animal, he may carry out any
veterinary checks on that animal that he deems
appropriate.
(2) If the checks confirm
that import conditions were not complied with, then the provisions of
regulation 21 shall apply as they apply at a border inspection post
and, in the case of the exercise of a power to place the animals in
quarantine or to isolate them, a veterinary inspector may additionally
require the placing in quarantine or isolation of other animals which
have been in contact with the imported animals.
PART 4
Imports Where Checks Have Been Carried Out in Another
Member State
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 common veterinary entry
document 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 and Article 3 of
Regulation (EC) No. 282/2004.
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.
PART 5
General
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 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 6, 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—
(a) carry out inspections of any processes used for the marking
and identification of animals, any premises and any
installation;
(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—
(i) animals held with a view to being sold, put on the market
or transported;
(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 another member State;
(d) examine documentary or data processing material relevant to
the checks carried out under these Regulations; and
(e) take
with him a representative of the European Commission acting for the
purposes of Council Directives 90/425/EEC or
91/496/EEC.
Recovery of expenses
30. The consignor, his representative and the person in
charge of any animal or animal product shall be jointly and severally
liable for any reasonable expenses arising out of or in connection
with the exercise of any power conferred on an inspector by these
Regulations relating to those animals or animal
products.
Obstruction
31. No person shall—
(a) intentionally obstruct any person acting in the execution of
these Regulations;
(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.
Offences by bodies corporate
32. —(1) Where a body corporate is guilty of an
offence under these Regulations, and that offence is proved to have
been committed with the consent or connivance of, or to have been
attributable to any neglect on the part of—
(a) any director, manager, secretary or other similar officer of
the body corporate, or
(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.
(2) For the purposes of
paragraph (1), "director" in relation to a body corporate whose
affairs are managed by its members, means a member of the body
corporate.
Penalties
33. —(1) A person contravening any provision of these
Regulations, except the provisions contained in paragraph 6 of Part I
of Schedule 4 and paragraph 2 of Part I of Schedule 5, or any notice
served under them shall be guilty of an
offence.
(2) A person guilty of an
offence under regulation 31(a) or (b) shall be liable on summary
conviction to a fine not exceeding level 5 on the standard scale or to
imprisonment for a term not exceeding three months or to
both.
(3) A person guilty of any other
offence under these Regulations shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment not exceeding three months or to
both;
(b) on conviction on indictment, to a fine or to
imprisonment for a term not exceeding two years or to
both.
Disapplication of provisions
34. The provisions of the legislation listed in
Schedule 8 shall not apply to imports from another member State of
animals and animal products to which an instrument in Part I of
Schedule 3 applies, or to imports of an animal to which an instrument
in Schedule 7 applies from the country subject to that instrument, to
the extent specified in column 3 of the table given in Schedule
8.
Revocations
35. The Animals and Animal Products (Import and Export)
(No. 2) Regulations 2004[27]
are revoked.
Bach
Parliamentary Under Secretary
of State Department for Environment, Food and Rural
Affairs
14th July 2005
We consent to the making
of these Regulations.
Vernon Coaker
Tom
Watson
Two of the Lords Commissioners of Her Majesty's
Treasury
18th July 2005
SCHEDULE 1Regulation 1(2)
AMENDMENTS TO COUNCIL DIRECTIVES 90/425/EEC AND
91/496/EEC
1. Council
Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29) has been amended
by, and must be read with—
Council Directive 90/539/EEC (OJ No. L303, 31.10.90, p. 6);
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) has been amended by and must be 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);
Council Decision 92/438/EEC (OJ No. L243, 25.8.92, p. 27);
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);
Commission Regulation (EC) No. 282/2004 (OJ No. L49, 19.2.2004,
p. 11), as amended by Commission Regulation (EC) No. 585/2004 (OJ
No. L91, 30.3.2004, p. 17);
and the European international instruments.
SCHEDULE 2Regulations 1(2) and
17(1)
BORDER INSPECTION POSTS
| Border inspection post |
Animals which may be imported |
| Gatwick Airport |
All animals other than ungulates (i) |
| Heathrow Airport |
All animals |
| Luton Airport (ii) |
Ungulates (i) |
| Manchester Airport |
Cats, dogs, rodents, lagomorphs, live fish, reptiles, and
birds other than ratites |
| Stansted Airport (ii) |
Ungulates (i) |
(i) Ungulates include registered equidae as defined in Council
Directive 90/426/EEC (OJ No. L224, 18.8.90, p. 42), as
amended.
(ii) Luton Airport and Stansted Airport are not
border inspection posts for any species of animal specified in the
Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
(S.I. 1974/2211).
SCHEDULE 3Regulations 4, 5(1), 6(1),
6(2), 7(4), 8(1), 10, 12(7)(a), 29(2)(b) and 34
INTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL
REQUIREMENTS
PART I
LEGISLATION ON INTRA-COMMUNITY TRADE
Bovine animals and
swine
1.
Instrument: 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 98/621/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 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);
Council Regulation (EC) No. 21/2004 (OJ No. L5, 9.1.2004, p.
8);
Commission Decision 2004/226/EC (OJ No. L68, 6.3.2004, p. 36);
and
the European International Instruments.
Relevant provisions in that instrument: 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).
Additional requirements
(a) The official health certificate accompanying all cattle
imported into England from Spain must contain the statement: "Live
cattle in accordance with Commission Decision 90/208/EEC on
contagious bovine pleuro-pneumonia".
(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, the Republic of Cyprus, the Czech Republic,
Denmark, Finland, Germany, Luxembourg, Sweden and those regions of
France 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[28]".
(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) (as amended by Commission Decision 2002/670/EC (OJ
No. L228, 24.8.2002, p. 22)) being revoked so as to allow the
despatch of cattle from Great Britain to another member State or a
third country, such exports to the countries listed in Annexes I and
II of Commission Decision 2004/558/EC (OJ No. L249, 23.7.2004, p.
20) must meet the additional conditions laid down in that
Decision.
(e) 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.
Bovine semen
2. Instrument: 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—
Council Directive 90/120/EEC (OJ No. L71, 17.3.90, p. 37);
Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
Council Directive 93/60/EEC (OJ No. L186, 28.7.93, p. 28);
Council Directive 2003/43/EC (OJ No. L143, 11.6.2003, p. 23);
Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p.
23);
Commission Decision 2004/101/EC (OJ No. L30, 4.2.2004, p. 15);
and
the European international instruments.
Relevant provisions in that instrument: Articles 3 and
6.
Bovine embryos
3. Instrument: 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);
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);
Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23);
and
the European international instruments.
Relevant provisions in that instrument: Articles 3 and
6.
Equidae
4.
Instrument: 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 90/427/EEC (OJ No. L224, 18.08.90, p. 55)
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 93/623/EEC (OJ No. L298, 3.12.93, p. 45) as
amended by Commission Decision 2000/68/EC (OJ No. L23, 28.1.2000, p.
72);
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 in that instrument, subject to and as read
with the following Notes: Articles 4, 5, 7(1), and
8.
Notes:
(a) The requirements of Articles 4(1), 4(2) and 8 shall not
apply in respect of the export to or the import from the Republic of
Ireland of any equidae, or the export to or the import from France
of registered horses or equidae for breeding and production
accompanied by an identification document provided for in Council
Directive 90/427/EEC.
(b) For the avoidance of doubt, the
derogation permitted under Article 7(2) shall not apply in relation
to equidae brought into England.
Porcine semen
5. Instrument: 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
amended by, and as read with—
Commission Decision 99/608/EC (OJ No. L242, 14.9.1999, p.
20);
Commission Decision 2000/39/EC (OJ No. L13, 19.1.2000, p.
21);
Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23);
and
the European international instruments.
Relevant provisions in that instrument: Articles 3, 4(1),
4(2) and 6(1).
Additional requirements: The official
health certification accompanying all porcine semen imported into
England from any other member State must state that the semen was
collected from boars "on a collection centre which only contains
animals that have not been vaccinated against Aujeszky's disease and
which have reacted negatively to the serum neutralisation test or to
the ELISA test for Aujeszky's disease, in accordance with the
provisions of Council Directive 90/429/EEC" and paragraph 13(b)(ii) of
the model health certificate provided in Annex D of Council Directive
90/429/EEC must be deleted in all cases.
Poultry and hatching
eggs
6.
Instrument: 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);
Council Decision 95/410/EC (OJ No. L243, 11.10.95, p. 25) as
amended by Council Decision 98/227/ EC (OJ No. L87, 21.3.98, p.
14);
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);
Commission Decision 2003/644/EC (OJ No. L228, 12.9.2003, p.
29);
Commission Decision 2004/235/EC (OJ No. L72, 11.3.2004, p. 86);
and
the European International instruments.
Relevant provisions in that instrument: Articles 6 to 11,
12(1), and 15 to 17.
Additional requirements:
(a) The official health certification accompanying breeding
poultry 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 2003/644/EC of 8
September 2003.
(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 2003/644/EC of 8 September 2003.
(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 2004/235/EC of 11 March
2004.
(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 Decision
95/410/EC of 22 June 1995.
Animal waste
7. Instrument: 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—
Commission Regulation No. 808/2003 (OJ No. L117, 13.5.03, p.
1);
Commission Regulation No. 811/2003 (OJ No. L117, 13.5.03, p.
14);
Commission Regulation No. 813/2003 (OJ No. L117, 13.5.03, p.
22);
Commission Decision 2003/320/EC (OJ No. L117, 13.5.03, p.
24);
Commission Decision 2003/321/EC (OJ No. L117, 13.5.03, p.
30);
Commission Decision 2003/326/EC (OJ No. L117, 13.5.03, p.
42);
Commission Decision 2003/327/EC (OJ No. L117, 13.5.03, p.
44);
Commission Decision 2003/328/EC (OJ No. L117, 13.5.2003, p.
46);
Commission Decision 2003/329/EC (OJ No. L117, 13.5.2003, p.
51);
Commission Regulation No. 780/2004 (OJ No. L123, 27.4.2004, p.
64); and
the European international instruments.
Relevant provision in that instrument: Article 8.
Fish
Farmed
fish
8. —(1) Instrument:
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 94/864/EC (OJ No. L352, 31.12.94, p. 74);
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, 27.2.2001, p.
54);
Commission Decision 2001/183/EC (OJ L67 9.3.2001 p. 65);
Commission Decision 2002/300/EC (OJ No. L103, 19.4.2002, p. 24),
as amended by Commission Decision 2003/378/EC (OJ No. L130,
27.5.2003, p. 27);
Commission Decision 2002/308/EC (OJ No. L106, 23.4.2002, p. 28),
as amended by Commission Decision 2004/850/EC (OJ No. L368,
15.12.2004, p. 28);
Commission Decision 2003/390/EC (OJ No. L135, 3.6.2003,
p.19);
Commission Decision 2003/466/EC (OJ No. L156, 25.6.2003, p.
61);
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 Commission Decision 2004/328/EC (OJ L104,
8.4.2004, p. 129);
Commission Decision 2004/453/EC (OJ No. L156, 30.4.2004, p. 5);
and
the European international instruments.
Relevant provisions in that instrument: in so far as they
apply to live fish, eggs and gametes, Articles 3, 4, 7 to 11, and 14
and 16.
Fish other than farmed
fish
(2) Instrument:
Council Directive 91/493/EEC laying down the health conditions for the
production and placing on the market of fishery products (OJ No. L268,
24.9.91, p. 15), as amended by, and as read with—
Council Directive 92/48/EEC (OJ No. L187, 7.7.92, p. 41), laying
down the minimum hygiene rules applicable to fishery products caught
on board certain vessels in accordance with Article 3(1)(a)(I) of
Council Directive 91/493/EEC;
Council Directive 95/71/EC (OJ No. L332, 30.12.95, p. 40);
Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 310); and
the European international instruments.
Relevant provision in that instrument: Article
4.
Live Bivalve
molluscs
(3) Instrument:
Council Directive 91/492/EEC laying down the health conditions for the
production and placing on the market of live shellfish (OJ No. L268,
24.9.91, p. 1), as amended by, and as read with—
Council Directive 97/61/EC (OJ No. L295, 29.10.97, p. 35);
and
the European international instruments.
Relevant provisions in that instrument: Articles
3(1)(a)-(i), 3(2), 4, 7, 8, and 9.
Ovine and caprine
animals
9.
Instrument: 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); as
amended by Council Regulation (EC) No. 21/2004 (OJ No. L5. 9.1.2004,
p. 8);
Commission Decision 93/52/EEC (OJ No. L13, 21.1.93, p. 14), as
amended by Commission 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), 2003/237/EC (OJ No. L 87, 4.4.2003, p.
13), 2003/732/EC (OJ No. L264, 15.10.2003, p.30), 2004/199/EC (OJ
No. L64, 2.3.2004, p. 41) and 2004/320/EC (OJ No. L102, 7.4.2004, p.
75);
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);
Council Directive 2003/50/EC (OJ No. L169, 8.7.2003, p. 51);
Commission Decision 2003/708/EC (OJ No. L258, 10.10.2003, p.
11);
Commission Decision 2004/554/EC (OJ No. L 248, 9.7.2004, p. 1);
and
the European international instruments.
Relevant provisions in that instrument: Articles 3, 4, 4a,
4b, 4c, 5, 6 and 9.
Additional requirements:
(a) Only uncastrated rams for breeding which have been tested
for contagious epididimytis (Brucella ovis) in accordance with
Article 6(c) of Council Directive 91/68/EEC may be imported into
England.
(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.
Other animals, semen, ova and embryos
10. Instrument: 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 95/294/EC (OJ No. L182, 2.8.95, p. 27);
Commission Decision 95/307/EC (OJ No. L185, 4.8.95, p. 58);
Commission Decision 95/388/EC (OJ No. L234, 3.10.95, p. 30), as
amended by Commission Decision 2005/43/EC (OJ No. L20, 22.1.05, p.
34);
Commission Decision 95/483/EC (OJ No. L275, 18.11.95, p. 30);
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);
Regulation (EC) No. 998/2003 (OJ No. L146, 13.6.2003, p.1), as
amended by Council Decision 2004/ 650/EC (OJ No. L298, 23.9.2004, p.
22);
Council Regulation (EC) No. 1398/2003 (OJ No. L198, 06.08.2003,
p. 3);
Commission Regulation (EC) No. 592/2004 (OJ No. L94, 31.3.2004,
p. 7);
Council Directive 2004/68/EC (OJ No. L226, 25.6.2004, p.
128);
Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23);
and
the European international instruments;
Relevant provisions in that instrument: subject to the Note
to this paragraph, Articles 3 to 9, 10(1) to 10(3), and 11 to
13.
Note
By way of derogation from the
requirements of Article 5(1), the Secretary of State may authorise in
writing the purchase by a body, institute or centre approved under
regulation 9 of these Regulations of apes belonging to an
individual.
Additional requirements:
(a) 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.
(b) 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.
Pathogens
11. Instrument: 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—
Council Directive 2002/33/EC (OJ No. L315, 19.11.2002, p.
14);
Commission Decision 2003/721/EC (OJ No. L260, 11.10.2003, p.
21);
Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004,
p. 60); and
the European international instruments.
Relevant provisions in that instrument: Articles 6 and
7(1).
Pure-bred animals of the bovine
species
12.
Instrument: 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) (as
amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004,
p. 27);
Commission Decision 2002/8/EC (OJ No. L003, 5.1.2002, p. 53);
and
the European international instruments.
Relevant provisions in that instrument: Articles 5 and
7.
Breeding animals of the porcine
species
13.
Instrument: 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) (as
amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004,
p. 27); and
the European international instruments.
Relevant provisions in that instrument: Articles 2(2), 5,
7(2) and 9.
Pure-bred breeding sheep and
goats
14.
Instrument: 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);
Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27);
and
the European international instruments.
Relevant provisions in that instrument: Articles 3(2) and
6.
Equidae
15.
Instrument: 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—
Council Directive 90/426/EEC (OJ No. L224. 18.8.90, p. 42);
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);
Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27);
and
the European international instruments.
Relevant provisions in that instrument: Articles 6 and
8.
PART II
ADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF
CATTLE, PIGS, SHEEP AND GOATS
1. Any person
transporting cattle, pigs, sheep or goats 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 that
information in the register for at least three years—
(a) places and dates of pick-up, and the name or business name
and address of the holding or assembly centre where the animals are
picked up;
(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; and
(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 animal faeces, litter
or feed cannot leak or fall out of the vehicle.
(a) He shall give a written undertaking to the Secretary of
State stating that—
(i) in the case of cattle or pigs, Council Directive
64/432/EEC, and in particular the provisions laid down in Article
12 of that Directive and the provisions of that Directive relating
to the appropriate documentation that must accompany the animals;
and
(ii) in the case of sheep or goats, Council Directive
91/68/EEC, and in particular the provisions laid down in Article
8c of that Directive and the provisions of that Directive relating
to the appropriate documentation that must accompany the animals;
and
(b) that the transport of animals will be entrusted to staff who
possess the necessary ability, professional competence and
knowledge.
PART III
ADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE,
PIGS, SHEEP AND GOATS
1. Every dealer in cattle, pigs, sheep or goats engaging in
intra-Community trade shall comply with the provisions of this
Part.
2. —(1) The dealer
shall—
(a) be approved by the Secretary of State under this paragraph;
and
(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.
3. The dealer shall ensure that he only imports or exports
animals that are identified and meet the requirements of Community law
for intra-Community trade and, in the case of cattle, come from herds
that are officially free of tuberculosis, brucellosis and leucosis, or
are slaughter animals meeting the requirements of Article 6(3), or, if
slaughter animals under a disease control programme, the requirements
of Article 13(1)(a), of Council Directive
64/432/EEC.
4. The dealer shall
keep a record for all cattle, pigs, sheep and goats which he imports
or exports, either on the basis of identification numbers or marks on
the animals, and preserve the record for at least three years,
of—
(a) the name and address of the seller;
(b) the origin of
the animals;
(c) the date of purchase;
(d) the
categories, number and identification (or registration number of the
holding of origin) of cattle, sheep and goats;
(e) the
registration number of the holding of origin or the herd of origin
of pigs;
(f) the approval or registration number of the
assembly centre through which he has acquired sheep or goats (where
applicable);
(g) the registration number of the transporter
or the licence number of the vehicle delivering and collecting
animals;
(h) the name and address of the buyer and the
destination of the animals; and
(i) 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—
(a) specific training in the care and welfare of animals is
given to the staff in charge of the animals; and
(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 created pursuant to paragraph
2(2).
(2) The Secretary of State shall
issue an approval number for premises approved under this
paragraph.
(3) The Secretary of State
shall only issue an approval under this paragraph if satisfied that
the premises comply with, in the case of a dealer in cattle or pigs,
Article 13(2) of Council Directive 64/432/EEC or, in the case of a
dealer in sheep and goats, Article 8b(2) of Council Directive
91/68/EEC.
SCHEDULE 4Regulations 5(5), 9(4) and
33(1)
THE POULTRY HEALTH SCHEME
PART I
MEMBERSHIP
1. Any reference to "the
Directive" in this Part of this Schedule is a reference to Council
Directive 90/539/EEC.
2. An
application for an establishment to become a member of the Poultry
Health Scheme ("the Scheme" in this Schedule) must be accompanied by
the registration fee, the details of which are set out in Part 2 of
this Schedule.
3. The Secretary
of State shall only grant membership of the Scheme to an establishment
if—
(a) she is satisfied, following an inspection by a veterinary
inspector, that—
(i) the establishment meets the requirements regarding
facilities in Chapter II of Annex II to the Directive;
and
(ii) the operator of the establishment will comply, and
ensure that the establishment complies, with the requirements of
point 1 of Chapter I of Annex II to the Directive; and
(b) the operator of the establishment, having been notified that
the Secretary of State is satisfied that the requirements in
sub-paragraph (a) are met, has paid the annual membership fee, the
details of which are set out in Part III of this
Schedule.
4. The disease surveillance
programme referred to in paragraph (b) of point 1 of Chapter I of
Annex II to the Directive shall consist of the disease surveillance
measures specified in Chapter III of Annex II to the Directive,
together with any additional testing requirements that a veterinary
inspector notifies in writing to an establishment as being
requirements that he believes are necessary to avoid the spreading of
contagious disease through intra-Community trade, taking into account
the particular circumstances at that
establishment.
5. On receipt of
the first annual membership fee, the Secretary of State shall issue
the establishment's membership certificate, which shall include the
establishment's membership number.
6. The operator of an establishment that is a member of the
Scheme shall pay the annual membership fee each year, and shall pay
any re-inspection fee when it becomes
due.
7. In order to ensure that
operators and their establishments continue to meet the requirements
for membership of the Scheme, and generally to ensure compliance with
the Directive—
(a) a veterinary inspector (whether employed by Defra or not)
shall carry out an annual veterinary inspection of the
establishment; and
(b) a veterinary inspector employed by
Defra shall carry out any additional inspections (insofar as not
provided for under paragraph 8) which the Secretary of State
considers necessary.
8. Without prejudice to any action
which may be taken under paragraph 9, where, at the annual veterinary
inspection of an operator's establishment, that operator or his
establishment do not appear to the Secretary of State to meet the
requirements either for membership of the Scheme or of the Directive,
a veterinary inspector employed by Defra shall carry out such
additional inspections ("re-inspections") as the Secretary of State
considers necessary to ensure compliance on the part of that operator
and his establishment with those requirements, in which case a
re-inspection fee shall—
(a) be charged for each such re-inspection; and
(b)
become due upon the receipt by the operator concerned of an invoice
for that fee.
9. The Secretary of State—
(a) shall suspend, revoke or restore membership in accordance
with Chapter IV of Annex II to the Directive (references to
"withdrawal" in that Chapter shall be read as references to
"revocation" for the purposes of this paragraph);
(b) may
suspend or revoke membership if—
(i) an establishment is in breach of any of the requirements
regarding facilities in Chapter II of Annex II to the
Directive;
(ii) the operator or the establishment is in
breach of any of the requirements in point 1 of Chapter I of Annex
II to the Directive;
(iii) ownership or control of an
establishment changes; or
(iv) the operator has not paid
the annual membership fee or if a re-inspection fee remains unpaid
30 days after becoming due.
PART II
REGISTRATION FEE
1. The Secretary of State
shall—
(a) determine the registration fee on the basis of the cost
attributable to each application of the items listed in paragraph 3;
and
(b) publish the current registration fee on Defra's
website[29].
2. The registration fee shall be
payable to the Secretary of State in respect of each establishment for
which an application is made and shall be
non-refundable.
3. The items
referred to in paragraph 1(a) are—
(a) the salaries and fees, together with overtime payments and
employers' national insurance and superannuation contributions,
of—
(i) any person involved directly in processing applications
for membership of the Scheme;
(ii) any person engaged in
managing the processing of such applications; and
(iii) any
veterinary inspector who carries out a veterinary inspection at an
applicant establishment;
(b) recruiting and training the staff referred to in
sub-paragraph (a);
(c) travel and related incidental expenses
incurred in processing applications for membership (including
inspecting establishments), except where incurred by a person
attending his normal place of work;
(d) office accommodation,
equipment and services for the staff referred to in sub-paragraph
(a), including depreciation of office furniture and equipment and
the cost of information technology and stationery;
(e)
provision of protective clothing and equipment used in inspecting
establishments, and laundering, cleansing or disinfecting that
protective clothing;
(f) provision of payroll and personnel
services in connection with the employment of the staff referred to
in sub-paragraph (a); and
(g) any other incidental expenses
incurred in connection with the processing of applications for
membership of the Scheme.
PART III
ANNUAL MEMBERSHIP FEE
1. There shall be two
rates for the annual membership fee; a higher rate, which includes the
cost of an annual veterinary inspection by a veterinary inspector
employed by Defra, and a lower rate which does not include the cost of
such an inspection.
2. The
lower rate shall be payable—
(a) the first time the annual membership fee is paid (the cost
of the first annual veterinary inspection having been included in
the registration fee); and
(b) in subsequent years where the
operator of the establishment has elected for the annual veterinary
inspection to be carried out by a veterinary inspector who is not
employed by Defra.
3. The Secretary of State
shall—
(a) determine the two rates of the annual membership fee on the
basis of the cost attributable to each establishment of the items
listed in paragraph 5; and
(b) publish the current rates of
the annual membership fee on Defra's website.
4. The annual membership fee shall
be payable to the Secretary of State in respect of each establishment
and shall be non-refundable.
5.
The items referred to in paragraph 3(a) are (subject to paragraph
6)—
(a) salaries and fees, together with overtime payments and
employers' national insurance and superannuation contributions,
of—
(i) any person directly involved in the administration of the
Scheme (including corresponding with and responding to queries
from members, producing guidance, and arranging inspections of
establishments);
(ii) any person engaged in managing the
administration of the Scheme;
(iii) any veterinary
inspector employed by Defra who carries out the annual veterinary
inspection of an establishment or additional inspections during
the year;
(b) recruiting and training the staff referred to in
sub-paragraph (a);
(c) travel and related incidental expenses
incurred in the administration of the Scheme (including veterinary
inspections of establishments), except where incurred by a person
attending his normal place of work;
(d) office accommodation,
equipment and services for staff referred to in sub-paragraph (a),
including depreciation of office furniture and equipment and the
cost of information technology and stationery;
(e) provision
of protective clothing and equipment, where applicable, used in
carrying out inspections of establishments, and laundering,
cleansing or disinfecting that protective clothing;
(f)
provision of payroll and personnel services in connection with the
employment of staff referred to in sub-paragraph (a); and
(g)
any other incidental expenses incurred in connection with the
administration of the Scheme.
6. The items listed in paragraph 5
shall not include any expense or cost which relates to the
administration of, travel for the purposes of, and attendance at,
re-inspections insofar as that expense or cost is recoverable under
Part IV of this Schedule.
PART IV
RE-INSPECTION FEE
1. The re-inspection fee
provided for under paragraph 8, Part I of this Schedule shall be
composed of—
(a) a charge for the veterinary inspector's time spent at the
operator's establishment carrying out the re-inspection, the rate
for which charge shall be £45 per hour or part thereof;
and
(b) a charge for mileage, that is, for each mile
travelled by the veterinary inspector to and from the operator's
establishment in order to carry out the re-inspection, the rate for
which charge shall be 33 pence per mile.
2. The Secretary of State may,
using such criteria as she considers appropriate in all the
circumstances, reduce the charge for mileage under paragraph 1(b) in
respect of any particular re-inspection in order to avoid an
over-recovery of mileage costs incurred for a journey in the course of
which other official activity is undertaken in addition to that
re-inspection.
SCHEDULE 5Regulations 9(4) and
33(1)
APPROVAL OF LABORATORIES UNDER THE POULTRY HEALTH
SCHEME
PART I
APPROVAL
1. The Secretary of State
may approve any laboratory that she considers to be suitable for the
purposes of carrying out Mycoplasma testing under the Poultry Health
Scheme.
2. The operator of a
laboratory approved under paragraph (1) shall pay the annual approval
fee each year, the details of which are set out in Part 2 of this
Schedule.
3. In order to ensure
that approved laboratories remain suitable for approval, an inspector
shall carry out inspections and quality assurance testing as the
Secretary of State considers necessary.
PART II
ANNUAL APPROVAL FEE
1. The Secretary of State
shall—
(a) determine the annual approval fee on the basis of the cost
attributable to each laboratory of the items listed in paragraph 3;
and
(b) publish the current annual approval fee on the
website of Defra.
2. The annual approval fee shall be
payable to the Secretary of State in respect of each approved
laboratory and shall be
non-refundable.
3. The items
referred to in paragraph 1(a) are—
(a) the salaries and fees, together with overtime payments and
employers' national insurance and superannuation contributions,
of—
(i) any person directly involved in the administration of the
approval of laboratories;
(ii) any person engaged in the
management or administration of this work; and
(iii) any
veterinary inspector who carries out inspections of
laboratories;
(b) recruiting and training the staff referred to in
sub-paragraph (a);
(c) travel and related incidental expenses
incurred in the administration of the approval of laboratories
(including carrying out inspections), except where incurred by a
person attending his normal place of work;
(d) office
accommodation, equipment and services for staff involved in the
administration of approval of laboratories, including depreciation
of office furniture and equipment and the cost of information
technology and stationery;
(e) provision of protective
clothing and equipment used in carrying out inspections of
establishments, and laundering that protective clothing;
(f)
provision of quality assurance testing samples, assessment of the
results and provision of advice about the results;
(g)
provision of payroll and personnel services in connection with the
employment of staff involved in the administration of approval of
laboratories; and
(h) any other incidental expenses incurred
in connection with the administration of the approval of
laboratories.
SCHEDULE 6Regulations 13(1) and
27(1)
LIST OF DISEASES
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
Equine encephalomyelitis (of all types,
including Venezuelan 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 septicaemia
Dourine
Equine infectious
anaemia
Glanders
Infectious Salmon anaemia
Small
hive beetle (Aethina tumida)
Tropilaelaps mite
SCHEDULE 7Regulations 16(2) and 16(3),
18(2) and 34
COMMUNITY LEGISLATION ON THIRD
COUNTRIES
PART I
INSTRUMENTS SPECIFYING THIRD COUNTRIES AND
TERRITORIES IN THIRD COUNTRIES FROM WHICH MEMBER STATES MAY AUTHORISE
CERTAIN IMPORTS
1.
Council Decision 79/542/EEC drawing up a list of third countries or
parts of third countries, and laying down animal and public health and
veterinary certification conditions, for importation into the
Community of certain live animals and their fresh meat (OJ No. L146,
14.6.79, p. 15), as amended by, and as read with—
Commission Decision 2004/212/EC (OJ No. L73, 11.3.2004, p.
11);
Commission Decision 2004/410/EC (OJ No. L151, 30.4.2004, p. 31)
and
Commission Decision 2004/620/EC (OJ No. L279, 28.08.2004 p.
30).
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 96/628/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);
Commission Decision 2002/183/EC (OJ No. L 61, 2.3.2002, p. 56);
and
Commission Decision 2004/118/EC (OJ No. L36, 7.2.2004, p.
34).
3. Commission Decision 2003/804/EC
laying down the animal health conditions and certification
requirements for imports of molluscs, their eggs and gametes for
further growth, fattening, relaying or human consumption (OJ No. L302,
21.11.2003, p. 22), as amended by, and as read with—
Commission Decision 2004/609/EC (OJ L274, 24.8.04, p. 17);
and
Commission Decision 2004/623/EC (OJ No. L280, 31.8.2004, p.
26).
4. Commission Decision 2003/858/EC
laying down the animal health conditions and certification
requirements for imports of live fish, their eggs and gametes intended
for farming, and live fish of aquaculture origin and products thereof
intended for human consumption (OJ L324, 11.12.2003, p. 37.) as
amended by, and as read with—
Commission Decision 2004/454/EC (OJ No. 156, 30.4.2004, p.
29).
5. Commission Decision 2003/881/EC
(OJ No. L328, 17.12.2003, p. 26), as amended by—
Commission Decision 2005/60/EC (OJ No. L25, 28.1.2005).
6. Commission Decision 2004/211/EC
establishing the list of third countries and parts of territory
thereof from which Member States authorise imports of live equidae and
semen, ova and embryos of the equine species (OJ No. L73, 11.3.2004,
p. 1).
PART II
DETAILED PROVISIONS
Bovine, ovine and caprine animals and swine from third
countries
1.
Instrument: 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);
Council Directive 96/91/EC (OJ No. L13, 16.1.1997, p. 26);
Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 31); and
the European international instruments.
Relevant provisions in that instrument: Articles 6, 10, 11,
13, 29 and 30.
Cloven-hoofed animals and elephants from third
countries
2.
Instrument: Council Decision 79/542/EEC drawing up a list of
third countries or parts of third countries, and laying down animal
and public health and veterinary certification conditions, for
importation into the Community of certain live animals and their fresh
meat (OJ No. L146, 14.6.79, p. 15), as amended by, and as read
with—
Commission Decision 2004/212/EC (OJ No. L73, 11.3.2004, p.
11);
Commission Decision 2004/410/EC (OJ No. L151, 30.4.2004, p.
31);
Commission Decision 2004/554/EC (OJ No. L248, 9.7.2004, p. 1);
and
Commission Decision 2004/620/EC (OJ No. L279, 28.8.2004, p.
30).
Relevant provisions in that instrument: Articles 3, 4, 5, 6
and 7.
Equidae
General
3.
Instrument: 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);
Council Directive 2004/68/EC (OJ No. L226, 25.6.2004, p. 128);
and
the European international instruments.
Relevant provisions in that instrument: Articles 11, 12(1),
13 to 16 and 18.
4.
Instrument: Commission Decision 2004/211/EC establishing the
list of third countries and parts of territory thereof from which
Member States authorise imports of live equidae and semen, ova and
embryos of the equine species (OJ No. L73, 11.3.2004, p.
1).
Relevant provision in that instrument: Article
6.
Temporary admission of registered
horses
5.
Instrument: 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 95/322/EC (OJ No. L190, 11.8.95, p. 9);
Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);
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 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);
Commission Decision 2004/177/EC (OJ No. L55, 24.2.2004, p.
64);
Commission Decision 2004/241/EC (OJ No. L74, 12.03.04, p. 19);
and
the European international instruments.
Relevant provision in that instrument: Article 1.
Registered horses for racing, etc, upon
re-entry
6.
Instrument: 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 95/322/EC (OJ No. L190, 11.8.95, p. 9);
Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);
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);
Commission Decision 2004/211/EC (OJ No. L73, 11.3.2004, p. 1);
and
the European international instruments.
Relevant provision in that instrument: Article 1.
Equidae for
slaughter
7.
Instrument: 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, and as read
with—
Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);
Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);
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 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 provision in that instrument: Article 1.
Registered equidae and equidae for breeding and
production
8.
Instrument: 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 95/322/EC (OJ No. L190, 11.8.95, p. 9);
Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);
Commission Decision 95/536/EC (OJ No. L304, 16.12.95, p. 49);
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 97/10/EC (OJ No. L3, 7.1.97, p. 9), as
amended by Commission Decision 2004/ 117/EC (OJ L036, 7.2.04, p.
20);
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);
Commission Decision 2004/177/EC (OJ No. L55, 24.2.2004, p.
64);
Commission Decision 2004/241/EC (OJ No. L74, 12.3.04, p. 19);
and
the European international instruments.
Relevant provision in that instrument: Article
1.
Additional requirements:
(a) All pre-export tests of registered horses from Kyrgyzstan
and registered equidae and equidae for breeding and production
imported from Belarus, Bulgaria, Croatia, ex-Yugoslavia Republic of
Macedonia, Romania, Russian Federation and the Ukraine must be
carried out as follows: for vesicular stomatitis at the Institute of
Animal Health, Pirbright, the National Veterinary Institute, Czech
Republic or at the Central Veterinary Laboratory, Budapest, Hungary;
the mandatory tests for infectious anaemia, dourine and glanders
and, if necessary, the test for equine viral arteritis at the
Veterinary Laboratories Agency, Weybridge, the National Veterinary
Institute, Czech Republic or at the Central Veterinary Laboratory,
Budapest, Hungary;
(b) The test results must be attached to
the health certificate accompanying the imported equidae.
Poultry
9. Instrument: 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 91/494/EEC (OJ No. L268, 24.9.91, p. 35);
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 92/369/EEC (OJ No. L195, 14.7.92, p. 25);
Council Directive 93/120/EEC (OJ No. L340, 31.12.93, p. 35);
Commission Decision 96/482/EC (OJ No. L196, 7.8.96, p. 13);
Commission Decision 96/628/EC (OJ No. L282, 1.11.96, p. 73);
Council Directive 99/89/EC (OJ L300, 23. 11.99 p. 17);
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 2002/183/EC (OJ No. L61, 2.3.2002, p.
56);
Commission Decision 2002/542/EC (OJ No. L176, 5.7.2002, p.
43);
Commission Decision 2004/118/EC (OJ No. L36, 7.2.2004, p. 34);
and
the European international instruments.
Relevant provisions in that instrument: Articles 20, 21(1),
22(1), 23, 24, 27(2) and 28.
Other specified animals, semen, ova and
embryos
10.
Instrument: 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 998/2003 (OJ No. L146, 13.6.2003, p.
1);
Council Regulation (EC) No. 1398/2003 (OJ No. L198, 6.8.2003, p.
3);
Commission Decision 2003/881/EC (OJ No. L328, 17.12.2003, p.
26);
Commission Regulation (EC) No. 592/2004 (OJ No. L94, 31.3.2004,
p. 7);
Council Directive 2004/68/EC (OJ No. L226, 25.6.2004, p.
128);
Commission Decision 2004/595/EC (OJ No. L266, 13.8.2004, p.
11);
Council Decision 2004/650/EC (OJ No. L298, 23.9.2004, p. 22);
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 in that instrument: Articles 17(1),
17(2) and 18.
Live animals from New
Zealand
11.
Instrument: 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 in that instrument: Articles 1, 2 and
3.
Zootechnical
conditions
12.
Instrument: 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), as
amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004,
p. 27).
Relevant provision in that instrument: Article 4.
Finfish and shellfish from third
countries
13.
Instrument: Commission Decision 2003/804/EC laying down the
animal health conditions and certification requirements for imports of
molluscs, their eggs and gametes for further growth, fattening,
relaying or human consumption (OJ No. L302, 21.11.2003, p. 22), as
amended by, and as read with—
Commission Decision 2004/609/EC (OJ L274, 24.8.04, p. 17);
and
Commission Decision 2004/623/EC (OJ No. L280, 31.8.2004, p.
26).
Relevant provisions in that instrument: Articles 3, 4, 5, 6,
7 and 8.
14. Instrument:
Commission Decision 2003/858/EC laying down the specific animal health
conditions and certification requirements for imports of live fish,
their eggs, and gametes intended for farming, and live fish of
aquaculture origin and products thereof intended for human consumption
(OJ L324, 11.12.2003, p. 37) as amended by, and as read with—
Commission Decision 2004/454/EC (OJ No. L156, 30.4.2004, p. 29);
and
Commission Decision 2004/914/EC (OJ No. L385, 29.12.2004, p.
60).
Relevant provisions in that instrument: Articles 3, 4, 5, 6,
7, 8 and 9.
SCHEDULE 8Regulation 34
LEGISLATION THAT DOES NOT APPLY
| Title |
Reference |
Extent |
| The Diseases of Fish Act 1937 |
1937 c. 33 |
Section 1 |
| The Hares (Control of Importation) Order 1965 |
S.I. 1965/2040 |
The whole Order |
| The Rabies (Importation of Dogs, Cats and Other Mammals)
Order 1974 as amended |
S.I. 1974/2211 as amended by S.I. 1977/361, 1984/1182,
1986/2062, 1990/2371, 1993/1813, 1994/1405, 1994/1716,
1999/3443, 2000/1298, 2000/1641, 2001/6, 2002/1011, 2002/2850,
and 2004/2364. |
The Order shall continue to apply to all carnivores,
primates and bats. It shall continue to apply to the importation
of all other animals unless such animals are imported by way of
trade and can be shown to have been born on the holding of
origin and kept in captivity since birth. |
| The Importation of Animals Order 1977 |
S.I. 1977/944 |
Articles 3, 4(7), 4(8), 5(1) to (3), 7(1), 8 to 14, 16, 17,
18(1)(b), 18(3), 19 to 21, 23, 24 and 25(2) except that article
3 shall continue to apply to ruminating animals and swine other
than animals which are the subject of Council Directive
64/432/EEC. |
| The Importation of Birds, Poultry and Hatching Eggs Order
1979 |
S.I. 1979/1702 |
Articles 4 to 7, 9(3) to (6), 10 to 12 except that article 4
shall continue to apply to all birds (including domestic fowl)
and their hatching eggs other than those subject to the
provisions of Council Directive 90/539/EEC (excluding domestic
fowl). |
| The Importation of Embryos, Ova and Semen Order 1980 as
amended by the Importation of Embryos, Ova and Semen (Amendment)
Order 1984 |
S.I. 1980/12 as amended by S.I. 1984/1326 |
The whole Order except that article 4 shall continue to
apply to embryos, ova and semen (as defined in that Order) other
than—
(a) bovine semen which is the subject of Council Directive
88/407/EEC,
(b) bovine embryos which are the subject of
Council Directive 89/556/EEC,
(c) porcine semen which
is the subject of Council Directive 90/429/EEC,
(d)
equine ova and embryos which are the subject of Commission
Decision 95/294/EC,
(e) equine semen which is the
subject of Commission Decision 95/307/EC,
(f) ovine and
caprine semen, ova and embryos which are the subject of
Commission Decision 95/388/EC, and
(g) porcine ova and
embryos which are the subject of Commission Decision
95/483/EC.
|
| The Diseases of Fish Regulations 1984 |
S.I. 1984/455 |
Regulations 2 and 5. |
| The Importation of Bovine Semen Regulations 1984 |
S.I. 1984/1325 |
The whole instrument. |
| The Shellfish and Specified Fish (Third Country Imports)
Order 1992 |
S.I. 1992/3301 |
The whole Order. |
EXPLANATORY NOTE
(This note is
not part of the Regulations)
These Regulations
revoke and re-make with changes the Animals and Animal Products
(Import and Export) (No. 2) Regulations 2004 (S.I.
2004/2886).
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). Schedule 3, Part I sets out the individual
instruments governing trade of specific types, and identifies any
further requirements.
These Regulations provide a statutory
basis for the Poultry Health Scheme, which is a means of approving and
monitoring poultry establishments engaging in intra-Community trade of
poultry and hatching eggs. The approval and monitoring of such
establishments is a requirement of Council Directive 90/539/EEC.
Regulations 5(5) prohibits exports unless the commodities originate
from an establishment which is a member of the Poultry Health Scheme
and conforms to the requirements of Directive 90/539/EEC. Schedule 4
sets out how the fees for membership and registration are calculated.
It also provides for powers for suspension or revocation of membership
under specified circumstances.
The Regulations set out the
procedures and requirements for the registration of dealers in animals
and animal products (regulation 8), and the approval of centres and
teams engaging in intra-Community trade in animals and animal
products. Regulation 9 and Schedule 5 provide for approval of
laboratories to carry out specified poultry health tests. The
Regulations place duties on consignees of animals and animal products
(regulation 11), and provide for the approval of assembly centres
(regulation 12). They specify the procedure to be followed in the case
of illegal consignments (regulation 13) and 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). Schedule 7, Parts I and II set out the
individual instruments governing imports from identified third
countries, and identifies any further import requirements. 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, certain animals 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.
Principal changes made by
these Regulations
Schedules 3 and 7 have been revised and
updated in order to bring the implementation of Community instruments
as up-to-date as possible at the time of making. The changes made to
the Schedules are in paragraphs 1, 4, 6, 8, 9, 10 and 15 of Part I of
Schedule 3, paragraphs 1 and 5 of Part I of Schedule 7 (to which Part
a new paragraph 6 has been added to provide separately for a list of
third countries from which equines and their genetic material may be
imported); and paragraphs 2, 3, 9, 10, 11 and 14 of Part II of
Schedule 7 have also been revised and updated.
In
particular—
— at paragraph 4 of Schedule 3, Part I, Council Directive
90/426//EEC is now to be read with Council Directive 90/427/EEC, and
Commission Decision 93/623/EEC as amended by Commission Decision
2000/68/EC, relating to equine identification in respect of trade,
and the notes to that paragraph amend the details relating to the
Tripartite Agreement to allow movements of equidae for breeding and
production to take place between Ireland, France and the UK without
need for official health certification (such animals must be
accompanied by a passport in accordance with Commission Decision
93/62/EEC as amended by Commission Decision 2000/68/EC); and
— at paragraph 6 of the Schedule 3, Part I, the reference to
Council Decision 95/410/EC now reflects amendments made by Council
Decision 98/227, and the requirements for certificates as to testing
for Finland and Sweden have been updated to refer to Commission
Decisions 2003/644/EC and 2004/235/EC in respect of breeding
poultry, day-old chicks, laying hens and poultry for slaughter.
Lastly, Schedule 4 has been revised and extended to reflect new fee
arrangements under the Poultry Health Scheme. Provision for a fee to
be charged for most of the cost of re-inspections carried out by Defra
inspectors under the Scheme has been made (paragraphs 6 to 8 of Part
I), with corresponding adjustments in the calculation of the annual
membership fee (paragraph 6 of Part III). The re-inspection fee will
be charged at 45 per hour or part thereof spent actually conducting
the inspection, together with mileage at 33 pence per mile (Part IV).
Time spent in travelling to and from premises to carry out a
re-inspection is not recovered under this charge.
No regulatory
impact assessment has been prepared for these Regulations. A
regulatory impact assessment was however, prepared for the Animals and
Animal Products (Import and Export) Regulations 2000, which are
substantially the same as the Regulations of 2000.
Notes:
[1] S.I. 1972/1811.back
[2] 1972 c. 68.back
[3] 1973 c. 51.back
[4] No. L73, Special Edition, 27.3.72.back
[5] No. L1, 3.1.94, p. 1.back
[6] OJ No. C241, 29.8.94, p. 21, as amended by OJ No.
L12, 1.1.95, p. 1.back
[7] No. L236, 23.9.03, p. 33.back
[8] OJ L49, 19.2.2004, p. 11.back
[9] OJ No. P 121, 29.7.64, p. 1977: but see OJ No.
L109, 25.4.97, p. 1 in which is published Council Directive 97/12/EC
amending and updating Directive 64/432/EEC which substantially
substituted new text.back
[10] OJ No. L224, 1.8.90, p. 55.back
[11] OJ No. L303, 30.10.90, p. 6.back
[12] OJ No. L46, 19.2.91, p. 1.back
[13] OJ No. L46, 19.2.91, p. 19.back
[14] OJ No. L268, 14.9.92, p. 54.back
[15] OJ No. L146, 13.6.2003, p. 1.back
[16] OJ No. L355, 01.12.2004, p. 14.back
[17] OJ No. L224, 18.8.90, p. 29.back
[18] OJ No. L268, 24.9.91, p. 56.back
[19] S.I. 1997/1480, to which there are amendments
not relevant to these Regulations.back
[20] S.I. 1993/1898.back
[21] S.I. 1995/539, to which there are amendments
not relevant to these Regulations.back
[22] S.I. 1995/540, to which there are amendments
not relevant to these Regulations.back
[23] S.I. 1997/1729, as amended by S.I. 2001/3590
and S.I. 2004/147.back
[24] S.I. 1974/2211; relevant amending instruments
are S.I. 1977/361, 1984/1182, 1986/2062, 1999/3443 and 2004/2364.back
[25] OJ No. L340, 11.2.91, p. 17.back
[26] OJ No. L148, 30.6.95, p. 52.back
[27] S.I. 2004/2886.back
[28] OJ No. L16, 25.1.93, p. 18.back
[29] www.defra.gov.uk.back
ISBN 0 11 073223 5
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