Import and Export Restrictions (Foot-And-Mouth Disease) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2 |
| Year | 2002 |
2002 No. 2
ANIMALS, ENGLANDANIMAL HEALTH
The Import and Export Restrictions (Foot-And-Mouth Disease) Regulations 2002
Made 4th January 2002
Laid before Parliament 4th January 2002
Coming into force 4th January 2002
The Secretary of State for Environment, Food and Rural Affairs, 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 her by that section, and of all other powers enabling her in that behalf, makes the following Regulations:
Title, commencement, extent and cessation
1.—(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) Regulations 2002; they extend to England and come into force at 8.00 p.m. on 4th January 2002.
(2) These Regulations shall apply until midnight on 28th February 2002.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“approved” means approved in accordance with regulation 3;
“the Decision” means Commission Decision 2001/740/ECconcerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC3as last amended by Commission Decision December 2001/938/EC(amending for the fifth time Decision 2001/740/ECconcerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom4);
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 20005or the Products of Animal Origin (Import and Export) Regulations 19966and includes a veterinary inspector;
“HACCPHACCP” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means—
(a) where there is, within the meaning of the Local Government Changes for England Regulations 19947, a unitary authority for that local government area, that authority;
(b) where there is not a unitary authority—
(i) in a metropolitan district, the council of that district;
(ii) in a non-metropolitan county, the council of that county;
(iii) in each London borough (except in relation to imported animals) the council of that borough; or
(iv) in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/EEC(on health problems affecting the production and marketing of meat products and certain other products of animal origin8);
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC(laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products9);
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 199510;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
(2) 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.
(3) A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3.—(1) The Secretary of State shall approve premises for the purposes of these Regulations if she is satisfied that the occupier of the premises will comply with the conditions of these Regulations.
(2) Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
(3) Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside England and are approved by the relevant authority for the purposes of the Decision.
Importation of live animals
4.—(1) No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
(2) Paragraph (1) shall not apply in relation to animals brought into one of the areas in Schedule 2 under the following conditions—
(a)
(a) the transport must be subject to authorisation by the competent authorities at the place from which the animals are sent;
(b)
(b) the Secretary of State must be notified by those competent authorities, at least three working days before arrival in England, of the details of the consignment, the journey and the port of arrival;
(c)
(c) before the animals are imported the importer must have obtained a movement licence under the Foot-And-Mouth Disease Order 198311permitting movement from the port of import to the place of destination;
(d)
(d) the animals must enter through a port specified in Schedule 1;
(e)
(e) when animals are brought in by road, each vehicle must contain only a single consignment;
(f)
(f) the consignment must be taken directly to a single holding in an area specified in Schedule 2;
(g)
(g) after unloading the animals, and before the vehicle departs from Great Britain, the empty vehicle must be moved under a licence issued by an officer of the local authority or the Secretary of State to cleansing and disinfection premises approved by the Secretary of State;
(h)
(h) after cleansing and disinfection the Secretary of State shall issue a certificate in the form set out in Schedule 3;
(i)
(i) the driver of the vehicle shall keep the certificate with him until the vehicle leaves Great Britain and shall produce it to an inspector on demand.
Dispatch of live animals
5.—(1) No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
(2) By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
(3) Without prejudice to the provisions of Council Directive 64/432/EEC(on animal health problems affecting intra-Community trade in bovine animals and swine12),Council Decision 98/256/EC(concerning emergency measures to protect against bovine spongiform encephalopathy13) and the restriction on movement imposed under the foot-and-mouth disease Order, the prohibition in paragraph (1) shall not apply in relation to the dispatch of live porcine animals under the following conditions—
(a)
(a) the animals belong to a species specified in the appropriate column in Schedule 2;
(b)
(b) the animals must have been reared within the areas specified in the appropriate column in Schedule 2;
(c)
(c) the dispatch has been authorised in writing by the Secretary of State;
(d)
(d) there has been no outbreak of foot-and-mouth disease in the administrative area or areas in which the animal has been reared during the 90 days prior to dispatch;
(e)
(e) during the 30 days prior to dispatch the animals must be subject to the supervision of the relevant veterinary authority on a single holding situated within the areas listed in the appropriate column of Schedule 2 in the centre of a circle around the holding of at least 10 kilometres radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
(f)
(f) no animal of species susceptible to foot-and-mouth disease has been introduced into the holding during the past 30 days prior to loading, except in the case of animals coming from a supplying holding which meets the requirements laid down in sub-paragraph (e), in which case the period shall be 7 days;
(g)
(g) during transport the animals must not come into contact with animals not from the same holding of dispatch, unless all the animals are consigned for direct slaughter and pure-bred breeding pigs, in which case they may be collected during the journey from not more than three holdings which meet the requirements of sub-paragraph (e);
(h)
(h) animals for breeding or production must not be consigned to more than three holdings of destination, which must all be in the same member State (except in the case of pure-bred breeding pigs which have been collected during the journey from more than one holding, which may be consigned to a single holding of destination only);
(i)
(i) the animals must be transported in means of transport that have been cleansed and disinfected before loading or collecting for dispatch;
(j)
(j) the health certificates provided for in Council Directive 64/432/EECaccompanying the animals shall bear the following words—
“Animals conforming to Commission Decision 2001/740/ECof 19 October 2001 concerning certain protective measures with regard to foot-and-mouth disease in the United Kingdom”.
(4) Movement of animals between holdings which are in the same...
To continue reading
Request your trial