Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
| Year | 2000 |
2000 No. 1673
ANIMALS, ENGLAND AND WALESANIMAL HEALTH
The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
Made 22th June 2000
Laid before Parliament 27th June 2000
Coming into force 28th July 2000
The Minister of Agriculture, Fisheries and Food in relation to England and the National Assembly for Wales in relation to Wales, being designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, make the following Regulations:
PART I
Introduction
Citation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Animals and Animal Products (Import and Export) (England and Wales) Regulation 2000 and shall come into force on 28th July 2000.
(2) In these Regulations—
Unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 90/425/EECconcerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market3, Council Directive 91/496/EEClaying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries4, both of which have been amended by the legislation listed in Schedule 1, and, for cattle and pigs, Council Directive 64/432/EECon health problems affecting intra-Community trade in bovine animals and swine5;
“assembly centre” means holdings, collection centres and markets, to which bovine animals, swine, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade and approved by the Minister (or in Wales the National Assembly for Wales) in accordance with regulation 12;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“dealer” means any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of these animals and who within 30 days of purchasing animals resells or relocates them from the first premises to other premises not within his ownership;
“European international instruments” means 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 Ireland6, 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 Confederation7and 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 founded8;
“herd” means an animal or group of animals kept as an epidemiological unit;
“import” means import into England or Wales;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister (or in Wales the National Assembly for Wales) or a local authority, and when used in relation to a person so appointed by the Minister (or in Wales the National Assembly for Wales) includes a veterinary inspector;
“local authority” means—
(a) as respects each London borough (except in relation to imported live animals), unitary authority, metropolitan district or non-metropolitan county, the council of that borough, unitary authority, district or county;
(b) as respect the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
(c) in Wales, the council of each county or county borough;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“required consignment documentation” means any certificates or other documents which are required by these Regulations to accompany the consignment;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister (or in Wales the National Assembly for Wales).
(3) Any reference in these Regulations to a Schedule, unless the context otherwise requires, is a reference to a Schedule to these Regulations.
(4) Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
(5) A notice or approval 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.
(6) These Regulations shall extend to England and Wales only.
Exception
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.
Enforcement
3.—(1) Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.
(2) The Minister (or in Wales the National Assembly for Wales) may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister (or in Wales the National Assembly for Wales) and not by the local authority.
PART II
Intra-Community Trade
Application of Part II
4. This Part of these Regulations shall apply to trade between member States in live animals and all animal products which are the subject of the Directives and other measures referred to in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EECconcerning the animal health conditions governing the placing on the market of aquaculture animals and products9.
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 Directives or other measures referred to in Part I of Schedule 3 unless—
(a)
(a) it complies with the relevant provisions of those Directives or measures (including any option permitted by those Directives or measures which has been exercised by the member State of destination);
(b)
(b) when required by a Directive or other measure, it is accompanied by an export health certificate signed by a veterinary inspector (or, where specified in a Directive or other measure, signed by a veterinary surgeon nominated by the exporter) or any other document required by a Directive or other measure;
(c)
(c) when required by a Directive or other measure, 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 Directive or other measure;
(d)
(d) if the animal is acquired through an assembly centre, that centre has been approved by the Minister (or in Wales the National Assembly for Wales) for the purposes of intra-Community trade and complies with the provisions of Article 11 of Council Directive 64/432/EECand Part I of Schedule 3.
(2) If an inspector has reasonable cause to suspect that a person in charge of animals or animal products intends to export them in contravention of this regulation he may by notice served on the consignor, his representative or person 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) above not being complied with, an inspector may seize or cause to be seized 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 Articles 7, 9 and 10 of 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 Directives 90/425/EEC)10apply unless the animal originates from a holding which has been registered with the Minister (or in Wales the National Assembly for Wales) and the owner or person in charge of that holding has given to the Minister (or in Wales the National Assembly for Wales) undertakings in accordance with Article 4 of Council Directive 92/65/EEC.
Imports
6.—(1) No person shall import from another member State any animal or animal product subject to a Directive or other measure listed in Part I of Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that Directive or measure and any additional requirements specified in Part I of Schedule 3.
(2) If an animal is imported for slaughter, the importer shall ensure that it is slaughtered without undue delay; and if it is not slaughtered without undue delay, an inspector may by notice served on the importer, his representative or person in charge of the animals require the animals to be slaughtered as may be specified in the notice.
(3) In the event of a notice served under paragraph (2) above not being complied with an inspector may seize or cause to...
To continue reading
Request your trial