Animals and Animal Products (Import And Export) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/190 |
| Year | 1998 |
1998 No. 190
ANIMALSANIMAL HEALTH
The Animals and Animal Products (Import And Export) Regulations 1998
Made 28th January 1998
Laid before Parliament 29th January 1998
Coming into force 1st March 1998
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), hereby make the following Regulations:
PART I
INTRODUCTION
Title, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 1998 and shall come into force on 1st March 1998.
(2) In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in 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 market3) and Council Directive 91/496/EEC(laying 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;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“import” means import into Great Britain;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
“local authority” means—
(a) in England, 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 respects 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;
(d) in Scotland, each council constituted under section 2 of the Local Government (Scotland) Act 19945;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and, in relation to Scotland or to Wales, the Secretary of State;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
(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 come into force.
(5) A notice or approval under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
(6) These Regulations do not apply to Northern Ireland.
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 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 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 State in live animals and all animal products which are the subject of the directives listed in Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC(concerning the animal health conditions governing the placing on the market of aquaculture animals and products6).
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 in Schedule 3 unless—
(a)
(a) it complies with the relevant provisions of those directives (including any option permitted by those directives which has been exercised by the member State of destination);
(b)
(b) when required by a directive, it is accompanied by an export health certificate signed by a veterinary inspector (or, where specified in a directive, signed by a veterinary surgeon nominated by the exporter) or any other document required by a directive;
(c)
(c) when required by a directive, 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;
(d)
(d) in the case of cattle or pigs, if the animal is acquired through a collection centre as defined in Article 2 of Council Directive 64/432/EEC(on animal health problems affecting intra-Community trade in bovine animals and swine7), that collection centre has been approved by the Minister for the purposes of intra-Community trade, and the collection centre complies with the provisions of that directive; and
(e)
(e) in the case of species other than cattle or pigs, if the animal is exported directly from a market or assembly centre, such market or assembly centre has been approved by the Minister for the purposes of intra-Community trade, and the market or assembly centre complies with the provisions of the directives listed in Schedule 3 relating to markets or assembly centres; and in this sub-paragraph “market or assembly centre” means any place other than a holding where animals are sold, bought or assembled.
(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 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.
Imports
6.—(1) No person shall import from another member State any animal or animal product subject to a directive listed in Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that directive, any additional requirements specified in Schedule 3 and any additional legislation applicable in Great Britain.
(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 not being complied with an inspector may seize or cause to be seized any animal to which it relates 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 which is being exported to another member State, or which is being imported from another member State to the address to which it is consigned, unless the animal or animal product 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 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 consignment documentation, 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 consignment documentation.
(3) In the event of a notice 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.
Registration
8.—(1) For the purposes of paragraph (2) below the Minister shall keep a register of dealers engaging in intra-Community trade who have applied for registration in accordance with that paragraph.
(2) If required to do so by a notice served on him by the Minister, a dealer engaging in intra-Community trade in animals or animal products shall register as such with the Minister and shall give him such undertakings as to compliance with these Regulations as shall be specified in the notice.
(3) Any person who has registered under paragraph (2) above shall keep a record of all deliveries of animals and animal products and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products, and shall keep such records for 12 months from the arrival of the consignment.
(4) No person shall export to another member State any...
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