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Statutory Instruments made by the National Assembly for Wales


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WELSH STATUTORY INSTRUMENTS


2007 No. 2710 (W. 225)

ANIMALS, WALES

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.3) (Wales) Regulations 2007

  Made 13 September 2007 
  Laid before the National Assembly for Wales 14 September 2007 
  Coming into force 8 p.m. on 13 September 2007 


CONTENTS

1. Title, application, commencement and cessation
2. Interpretation
3. Approvals
4. Importation of live animals
5. Dispatch and movement of live animals
6. Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
7. Export of meat products
8. Export of milk
9. Export of dairy products
10. Export of semen, ova and embryos
11. Export of hides and skins
12. Export of animal products
13. Exemptions
14. Endorsement of commercial documents
15. Personal exports
16. Offers to dispatch or export
17. Powers of inspectors
18. Powers of officers of Revenue and Customs
19. Illegal consignments of products
20. Obstruction
21. Offences by bodies corporate
22. Penalties
23. Authorisations, certificates, etc. issued in another part of the United Kingdom
24. Sharing information
25. Enforcement
26. Revocations

The Welsh Ministers are 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.

     The Welsh Ministers make these Regulations in exercise of the powers vested in them by section 2(2) of the European Communities Act 1972.

Title, application, commencement and cessation
     1. These Regulations—

Interpretation
    
2. —(1) In these Regulations—

    (2) A notice under these Regulations must 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 Welsh Ministers or a local authority may approve establishments or cutting plants for the purposes of these Regulations if they are satisfied that the occupier will comply with the conditions of these Regulations.

    (2) Any approval must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Welsh Ministers (or in the case of an approval granted by the local authority, that local authority) are reasonably of the opinion that the provisions of these Regulations or any conditions of approval are not being complied with.

Importation of live animals
    
4. No person may import any live animal of the bovine, ovine, caprine or porcine species or any other biungulate into Wales from another member State.

Dispatch and movement of live animals
    
5. —(1) No person may dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.

    (2) By way of derogation from paragraph (1), the Welsh Ministers may authorise the export of those animals originating outside Great Britain if the animals travelled through Great Britain on main roads and railway lines and the requirements relating to export in paragraph (3) are complied with.

    (3) No person may export any biungulate animal to another member State unless at least three days before export the Welsh Ministers have notified that member State; and—

    (4) No person may move any biungulate through Great Britain except on main roads or railway lines.

Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
    
6. —(1) No person may export any meat from animals of the bovine, ovine, caprine or porcine species or other biungulate coming from Great Britain or obtained from animals originating in Great Britain.

    (2) In this regulation, the reference to "meat" includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 and 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[
8].

    (3) The prohibition in paragraph (1) does not apply in relation to meat bearing a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[9], provided that—

    (4) The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in Great Britain if—

    (5) Meat exported to another member State must be accompanied by an official certificate from an official veterinarian which bears the following words—

    (6) Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption[10], or in accordance with Commission Decision 2001/304/EC on the marking and use of certain animal products[11].

    (7) Fresh meat obtained from animals reared outside Great Britain and transported directly and under official control in sealed means of transport to an approved slaughterhouse situated in Great Britain, may be placed on the market in Wales if—

Export of meat products
     7. —(1) No person may export meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species or other biungulates coming from Great Britain or prepared using meat obtained from such animals originating in Great Britain.

    (2) The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products from Great Britain that are not eligible for export, provided that the meat products—

    (3) Meat products exported to another member State must be accompanied by an official certificate which bears the following words—

    (4) Paragraph (3) does not apply to meat products that comply with paragraph (2) and have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14.

    (5) Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.

Export of milk
    
8. —(1) No person may export milk produced or prepared in Great Britain.

    (2) The prohibition in paragraph (1) does not apply to milk produced from animals kept in Great Britain that has been subjected to at least a treatment in accordance with—

    (3) The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in Great Britain under the following conditions—

    (4) Milk exported to another member State must be accompanied by an official certificate which bears the following words—

    (5) Paragraph (4) does not apply to milk that complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and 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) does not apply to milk that conforms with the requirements of paragraph (2)(a) or (b) and that has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.

Export of dairy products
     9. —(1) No person may export dairy products produced or prepared in Great Britain.

    (2) The prohibition in paragraph (1) does not apply to dairy products—

    (3) The prohibition in paragraph (1) does not apply to dairy products intended for human consumption—

    (4) The prohibition in paragraph (1) does not apply to—

    (5) Dairy products exported to another member State must be accompanied by an official certificate which bears the following words—

    (6) Paragraph (5) does not apply to milk products that comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy 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.

    (7) Paragraph (5) does not apply to dairy products that conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Export of semen, ova and embryos
    
10. —(1) No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.

    (2) The prohibition in paragraph (1) does not apply in relation to—

    (3) The health certificate accompanying frozen bovine semen exported to another member State must bear the following words—

    (4) The health certificate accompanying bovine embryos exported to another member State must bear the following words—

    (5) The health certificate accompanying porcine semen exported to other member States must bear the following words—

Export of hides and skins
     11. —(1) No person may export hides or skins of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.

    (2) The prohibition in paragraph (1) does not apply in relation to hides and skins that—

provided that treated hides or skins are separated from untreated hides and skins.

    (3) Hides or skins exported to another member State must be accompanied by an official certificate which bears the following words:—

    (4) Paragraph (3) does not apply to hides or 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 144.

Export of animal products
     12. —(1) No person may export animal products of the bovine, ovine, caprine or porcine species or other biungulates not otherwise mentioned in these Regulations—

    (2) No person may export dung or manure from animals of the bovine, ovine, caprine or porcine species or other biungulates from Great Britain.

    (3) The prohibition in paragraph (1) does not apply in relation to—

    (4) The animal products referred to in paragraph (3) for export to other member States must be accompanied by an official certificate which bears the following words—

    (5) Paragraph (4) does not apply to products specified in paragraph (3)(b), (c) or (d) that are accompanied by a commercial document endorsed in accordance with regulation 14.

    (6) Paragraph (4) does not apply to products specified in paragraph (3)(e) that are accompanied by a commercial document stating—

    (7) Paragraph (4) does not apply to products specified in paragraph (3)(f) or (g) 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 14.

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

    (9) Paragraph (4) does not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts[21] if they are accompanied by a commercial document which bears the following words:

Exemptions
     13. The prohibitions in regulations 7, 8, 9 and 12 do not apply in relation to—

Endorsement of commercial documents
    
14. —(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 stating that—

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

    (3) In the case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat and meat preparations, each of which is eligible for export in accordance with these Regulations, may be exported from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate that—

Personal exports
    
15. No person travelling out of Wales may take with them in their personal luggage or on any other non-commercial basis any product to which these Regulations apply.

Offers to dispatch or export
    
16. No person may 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
    
17. —(1) An inspector may, on producing, if required to do so, some duly authenticated document showing his authority, at all reasonable hours 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 may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may—

Powers of officers of Revenue and Customs
    
18. An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he or she 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 of products
    
19. —(1) This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.

    (2) The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.

    (3) If he or she seizes it he or she must inform the person appearing to him or her to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and—

    (4) If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations he or she must, unless he or she is satisfied that the consignment can be returned to the owner without risk of a further attempt to export it in contravention of these Regulations, order that the consignment must be destroyed or otherwise disposed of so as to prevent it from being despatched.

    (5) When under the preceding paragraph a justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.

Obstruction
    
20. No person shall—

Offences by bodies corporate
    
21. —(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 or she as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.

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

Penalties
    
22. A person contravening any provision of these Regulations is guilty of an offence and liable—

Authorisations, certificates, etc. issued in another part of the United Kingdom
    
23. —(1) Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Welsh Ministers in Wales, an equivalent document issued in another part of the United Kingdom by the relevant competent authority is valid.

    (2) Where these Regulations require anything to be done in approved establishments or cutting plants in Wales, anything done in premises approved for those purposes in another part of the United Kingdom must be treated as if it had been processed in approved premises in Wales.

Sharing information
    
24. The Welsh Ministers, the Commissioners for Her Majesty's Revenue and Customs and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.

Enforcement
    
25. These Regulations shall be enforced by the Welsh Ministers or the local authority.

Revocations
    
26. The Foot-And-Mouth Disease (Export Restrictions) (Wales) Regulations 2007[22] are revoked.


Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers

13 September 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and re-make with amendments the Foot-and-Mouth Disease (Export Restrictions) (Wales) Regulations 2007. They implement Commission Decision 2007/608/EC which further amends Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom.

They regulate—

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 16).

They provide powers for enforcement, and powers for officers of Revenue and Customs (regulations 17 to 19) and create an offence of obstruction (regulation 20).

Breach of the Regulations is an offence, punishable with up to two years' imprisonment.

The Regulations are enforced by the Welsh Ministers or the local authority (regulation 25).

A regulatory impact assessment has not been prepared for these Regulations.


Notes:

[1] S. I. 2005/2766. By virtue of sections 59(1) and 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006, functions conferred on the National Assembly for Wales by this designation are exercisable by the Welsh Ministers.back

[2] 1972 c. 68.back

[3] OJ No. L210, 10.8.2007, p 36 as last amended by Commission Decision 2007/608/EC.back

[4] 1981 c. 22.back

[5] S.I. 2006/1536 (W.153).back

[6] S. I. 2006/1376 (W.36).back

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

[8] OJ No. L139, 30.4.2004, p. 55.back

[9] OJ No. L139, 30.4.2004, p. 206 as last amended by Regulation (EC) No. 1791/2006.back

[10] OJ No. L18, 23.1.2003, p 11.back

[11] OJ No.L104, 13.4.2001, p 6.back

[12] OJ No. L306, 22.11.2003, p. 1 as last amended by Directive 2006/104/EC.back

[13] OJ No. L194, 22.7.1988, p. 10 as last amended by the Act of Accession of Austria, Finland and Sweden.back

[14] OJ No. L302, 19.10.1989, p.11 as last amended by Act of Accession of Austria, Finland and Sweden.back

[15] OJ No. L224, 18.8.1990, p. 62 as last amended by Council Decision 2001/36/EC (OJ No. L13, 19.1.2000, p. 21.back

[16] OJ No. L273, 10.10.2002, p. 1 as last amended by Regulation (EC) No. 829/2007.back

[17] OJ No. L62, 15.3.1993, p49back

[18] OJ No. L311, 28.11.2001, p67back

[19] OJ No. L311, 28.11.2001, p1back

[20] OJ No. L121, 1.5.2001, p34back

[21] OJ No. L 116, 4.5.2007, p. 9back

[22] S. I. 2007/2477 (W.212).back



ISBN 978 0 11 091620 0


 © Crown copyright 2007

Prepared 21 September 2007


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URL: http://www.bailii.org/wales/legis/num_reg/2007/20072710e.html