Animals and Animal Products (Import and Export) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2428 |
| Year | 1995 |
1995 No. 2428
AGRICULTURE
The Animals and Animal Products (Import and Export) Regulations 1995
Made 12th September 1995
Laid before Parliament 18th September 1995
Coming into force 9th October 1995
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 1995 and shall come into force on 9th October 1995.
(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, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“collection centre” means any site, including holdings and markets, at which animals originating from different holdings are grouped together to form consignments of animals intended for trade;
“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 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) All notices and approvals 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, 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 products5.
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) and any additional requirements on health conditions of the member State of destination;
(b)
(b) when required by a directive or the member State of destination, it 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;
(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; and
(d)
(d) if it is acquired through a collection centre, such collection centre has been approved by the Minister for the purposes of intra-Community trade, and the collection centre complies with the provisions of the directives listed in Schedule 3 relating to collection centres.
(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 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.
(4) The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.
Imports
6. 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.
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.
(4) The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.
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 to 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 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 Directive 90/425/EEC)6apply unless the animal originates from a holding which has been registered with the Minister and the owner or person in charge of that holding has given to the Minister undertakings in accordance with Article 4 of Council Directive 92/65/EEC.
Approval of centres and teams
9.—(1) For the purposes of Articles 5 and 13 of Council Directive 92...
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