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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2001/20012529e.html

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2001 No. 2529 (W. 207)

ANIMALS, WALES

ANIMAL HEALTH

The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 9) Regulations 2001

  Made 4pm on 13th July 2001 
  Coming into force 5pm on 13th July 2001 

The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2]) in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by that section, and of all other powers enabling it in that behalf, makes the following Regulations:

Title, commencement, application and cessation
     1.  - (1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 9) Regulations 2001; they apply to Wales and come into force at 5pm on 13th July 2001.

    (2) These Regulations shall apply until midnight on 20th July 2001.

Interpretation
    
2.  - (1) In these Regulations, unless the context otherwise requires - 

    (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.

Import and dispatch of live animals
     3.  - (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 National Assembly or 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) No person shall import any live animal of species susceptible to foot-and-mouth disease into Wales from another Member State.

Dispatch of fresh meat
    
4.  - (1) No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.

    (2) In paragraph (1), the reference to "fresh meat" includes minced meat and meat preparations to which Council Directive 94/65/EC[
9] applies.

    (3) The prohibition in paragraph (1) shall not apply in relation to - 

    (4) Meat, minced meat or meat preparations consigned to another Member State shall be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words - 

Dispatch of meat products
     5.  - (1) No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.

    (2) The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products [
13]), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.

    (3) The prohibition in paragraph (1) shall not apply to - 

    (4) Meat products consigned to another Member State shall be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words - 

    (5) Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

    (6) Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Dispatch of milk
     6.  - (1) No person shall dispatch milk.

    (2) The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least - 

    (3) The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments under the following conditions - 

    (4) Milk consigned to another member State shall be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words - 

    (5) Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

    (6) Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Dispatch of milk products
     7.  - (1) No person shall dispatch milk products.

    (2) The prohibition in paragraph (1) shall not apply in relation to - 

    (3) The prohibitions described in paragraph (1) shall not apply to - 

    (4) Milk products consigned to another Member State shall be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words - 

    (5) Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

    (6) Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Dispatch of semen, etc.
    
8.  - (1) No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.

    (2) The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos - 

    (3) The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species [15]) accompanying frozen bovine semen consigned to another member State shall bear the following words - 

    (4) The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species[16]) accompanying bovine embryos consigned to another member State shall bear the following words - 

Dispatch of hides and skins
     9.  - (1) No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.

    (2) The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.

    (3) Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating - 

    (4) Paragraph (3) shall not apply to hides and skins which conform to the requirements of either

if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 12.

Dispatch of animal products
    
10.  - (1) No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.

    (2) No person shall dispatch dung or manure.

    (3) The prohibition in paragraph (1) shall not apply in relation to - 

    (4) The animal products must be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating - 

    (5) Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996[17] endorsed in accordance with regulation 12 of these Regulations.

    (6) Paragraph (4) shall not apply to products specified in sub-paragraph (e) of paragraph (3) which are accompanied by a commercial document stating either - 

    (7) Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 12.

    (8) Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied be a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled "for in-vitro diagnostic use only" or "for laboratory use only".

Exemptions
     11. The prohibitions in regulations 5, 6, 7 and 10 shall not apply in relation to - 

Endorsement of commercial documents
    
12.  - (1) Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.

    (2) The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.

    (3) In case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which

Third country certificates
    
13. No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.

Export of equidae
    
14.  - (1) Any person exporting equidae to another Member State shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae[18].

    (2) A veterinary inspector shall only issue a certificate referred to in paragraph (1) if - 

    (3) The health certificate accompanying equidae exported to another Member State in accordance with the provisions of this article shall bear the following words:

    (5) Paragraph (1) shall not apply to equidae in transit from outside the United Kingdom which are accompanied by a valid health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae.".

Offers to dispatch or export goods
     15. No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.

Powers of inspectors
    
16.  - (1) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation "premises" includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.

    (2) An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may - 

Powers of customs officers
    
17. A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.

Illegal consignments
    
18.  - (1) Where an inspector knows or suspects that animals or animal products are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.

    (2) No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.

    (3) A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.

    (4) Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000[
20].

Obstruction
     19.  - (1) No person shall - 

    (2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Offences by bodies corporate
    
20.  - (1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of - 

he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

    (2) For the purposes of paragraph (1) above, "director" in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Penalties
    
21.  - (1) A person contravening any provision of these Regulations shall be guilty of an offence.

    (2) A person guilty of an offence under regulation 15 or 19(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

    (3) A person guilty of any other offence under these Regulations shall be liable - 

Certificates, etc. issued in Northern Ireland, England or Scotland
    
22. Where these Regulations require any certificate, licence or approval to be issued or granted by the National Assembly, the Secretary of State or the Minister, an equivalent certificate, licence or approval issued in Northern Ireland, England or Scotland by the relevant competent authority is valid.

Enforcement
    
23. These Regulations shall be enforced by the Secretary of State or the local authority.

Revocation
    
24. The Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No.8) Regulations 2001[21] are revoked.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[22] at 4pm on


13th July 2001


Jane Davidson
Assembly Secretary


EXPLANATORY NOTE

(This Note is not part of the Regulations)


These Regulations implement in Wales the changes in the restrictions on imports and exports in accordance with Commission Decision 2001/518/EC (OJ No. L186, 7.7.2001, p. 58), amending Commission Decision 2001/356/EC (OJ No. L125, 4.5.2001, p.40) concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/172/EC (OJ No. L 62, 2.3.2001, p 22).

They continue to regulate the export of biungulates, fresh meat, meat products, milk, milk products and other animal products. They contain powers of inspectors, and provisions relating to illegal consignments.

They permit consolidated consignments in certain circumstances (regulation 12(3)).

They also prohibit offering goods which may not be exported under these Regulations, whether on the internet or otherwise (regulation 15).

Breach of the regulations is, under regulation 21, punishable - 

Certificates issued in Scotland, Northern Ireland and England are valid under these Regulations (regulation 22).

The Regulations are enforced by the Secretary of State or the local authority (regulation 23).

A regulatory appraisal has not been carried out for these Regulations.


Notes:

[1] S. I. 1999/2788.back

[2] 1972 c. 68.back

[3] OJ No. L125, 5.5.2001, p. 46. as amended by Commission Decision 2001/372/EC (OJ No. L130, 12.5.2001, p. 46),Commission Decision 2001/415/EC (OJ No. L149, 2.6.2001, p. 38) Commission Decision 2001/430/EC (OJ No. L153, 8.6.2001, p. 33), Commission Decision 2001/437/EC (OJ No. L154, 9.6.2001, p. 66) and Commission Decision 2001/518/EC (OJ No. L186, 7.7.2001, p.58).back

[4] S.I. 2000/1673.back

[5] S.I. 1996/3124.back

[6] 1980 c.66.back

[7] OJ No. L26, 31.1.1977, p. 85 as last amended by Directive 92/45/EEC (OJ No. L268, 14.9.1992, p. 35).back

[8] OJ No. L268, 14.9.92, p.1 as last amended by Council Directive 94/71/EC (OJ No. L368, 31.12.94, p. 33).back

[9] OJ No. L368, 31.12.94, p. 10.back

[10] OJ No.121, 27.9.1964, p.2012/64; Directive updated by Directive 91/497/EEC (OJ No L268, 24.9.1991, p. 69) as last amended by Directive 95/23/EC (OJ No. L243, 11.10.1995, p. 7).back

[11] OJ No. L 268, 24.09.1991 p. 41 as last amended by Council Directive 1994/65/EC (OJ No. L 368 , 31.12.1994 p. 10).back

[12] S.I. 1995/3205 amended by S.I. 2000/656 and, in relation to Wales, by S.I. 2001/1508 (W.105), S.I. 1740 (W.123) and S.I. 1802 (W.131).back

[13] OJ No. L47, 21.2.1980, p. 4.back

[14] OJ No. L62, 15.3.1993, p. 49.back

[15] OJ L194, 22.7.1988, p. 10.back

[16] OJ L302, 19.10.1989, p.11.back

[17] 1996/3124back

[18] OJ No. L224, 18.8.90, p. 42.back

[19] S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and, as regards Wales by S.I. 2001/572 (W.26), S.I. 2001/658 (W.33), S.I. 2001/968 (W. 46), S.I. 2001/1033 (W.47) (itself amended by S.I. 2001/1234 (W.67)), S.I. 2001/1406 (W. 93), S.I. 2001/1506 (W. 106), S.I. 2001/1874 (W.134) and S.I. 2001/2236 (W.162).back

[20] S.I.2000/1673.back

[21] S. I. 2001/2235 (W.161).back

[22] 1998 c.38.back



ISBN 0 11090278 5


  Prepared 20 July 2001


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