Animals and Animal Products (Import and Export) Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/3295 |
| Year | 1992 |
1992 No. 3295
AGRICULTURE
The Animals and Animal Products (Import and Export) Regulations 1992
Made 23th December 1992
Laid before Parliament 30th December 1992
Coming into force 1st January 1993
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 Economic 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 1992 and shall come into force on 1st January 1993.
(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 market3and 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 in accordance with Schedule 1;
“border inspection post” means a place specified in Schedule 2;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination in Great Britain is situated;
“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 and Wales, as respects each London borough (except in relation to imported live animals), metropolitan district or non-metropolitan county, the council of that borough, 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 Scotland, the regional or islands council;
“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 by the Minister for the purposes of these Regulations.
(3) Any reference in these Regulations to a Schedule, unless the context otherwise
(4) Any reference in these Regulations to a directive is to that directive as amended.
(5) All notices served 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 States in live animals and all animal products which are the subject of the directives listed in Schedule 3 or which are specified in Schedule 4, except aquaculture products for human consumption controlled by Council Directive 91/67/EECconcerning the animal health conditions governing the placing on the market of animals and aquaculture products5.
Exports
5. No person shall export or consign for export to another member State any animal or animal product unless—
(a) if it is controlled by one or more of the directives listed in Schedule 3, 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) and any additional requirements on health conditions of the member State of destination, and, when required by a directive or the member State of destination, is accompanied by an export health certificate signed by a veterinary inspector and any other document required by a directive or by the member State of destination;
(b) in the case of an animal or animal product specified in Schedule 4, it fulfils all the animal health requirements of the member State of destination and, when required by the member State of destination, is accompanied by an export health certificate signed by a veterinary inspector and any other document required by the member State of destination; and
(c) if it is acquired through a market or consigned through an 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 and assembly centres.
Imports
6. No person shall import from another member State any animal or animal product subject to a directive listed in Schedule 3 and originating in a 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.
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.
Registration of dealers
8.—(1) 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 and shall give to the Minister such undertakings as to compliance with these Regulations as shall be specified in the notice.
(2) Any person who has received a notice under the preceding paragraph 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.
Inspection and checking at destination
9.—(1) A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into Great Britain from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the directives listed in Schedule 3 have been complied with, or, in the case of animals and animal products specified in Schedule 4, the animal health conditions applicable to imports into Great Britain have been complied with.
(2) In addition to the powers in paragraph (1) above, an inspector shall have power to inspect animals and animal products and accompanying documents anywhere and at any time if he has information leading him to suspect an infringement of the directives listed in Schedule 3 or, for those animals and animal products specified in Schedule 4, of the animal health conditions applicable to imports into Great Britain.
(3) Any powers exercised under Regulation 27 below shall only be exercised in accordance with this regulation in relation to an import from another member State until it reaches its place of destination and at its place of destination.
Duties on consignees
10.—(1) No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Directive 90/427/EECon the zootechnical and genealogical conditions governing intra-Community trade in equidae6) unless the importer or consignee has notified to the Divisional Veterinary Officer 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.
Duties on consignees relating to animals
11.—(1) Where animals are consigned to a market or assembly centre approved by the Minister for the purposes of intra-Community trade, the operator of the market or assembly centre shall ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC.
(2) Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of Council Directive 64/433/EECon health conditions for the production and...
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