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Statutory Instrument 2006 No. 1471The Animals and Animal Products (Import and Export) (England) Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 1471ANIMALS, ENGLANDThe Animals and Animal Products (Import and Export) (England) Regulations 2006
The Secretary of State is 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 accordance with section 56(1) of the Finance Act 1973[3], the Treasury consents to the making of these Regulations. The Secretary of State makes these Regulations in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972 and by section 56(1) and (2) of the Finance Act 1973: Title, application, commencement and interpretation 1.—(1) These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) Regulations 2006; they apply in relation to England only and come into force on 29th June 2006. (2) In these Regulations—
(b) in relation to sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his ownership;
(b) the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation[6]; (c) the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded[7]; and (d) the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded[8];
(b) in relation to each London borough, the council of that borough, except in relation to imported live animals; and (c) in relation to the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
(3) Unless the context otherwise requires, references in these Regulations to the European Union legislation listed in this paragraph shall be construed as follows—
(4) For purposes of regulation 14(b), quarantine required under Commission Decision 2000/666/EC is a check provided for in Council Directive 91/496/EEC.
(b) Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries[24], as amended by and as read with the instruments listed in Schedule 1. (6) A notice, approval or declaration under these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
(b) come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003, these Regulations shall apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction. Application of Part 2 4.This Part shall apply to trade between member States in live animals and animal products that are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC. 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 instruments ("listed instruments") in Part I of Schedule 3 unless—
(b) when required by a listed instrument, it is accompanied by—
(ii) any other document required by the instrument; (c) when required by a listed instrument, 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 instrument; and (2) If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation he may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served 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.
(b) a body, institute or centre that has been approved by the Secretary of State in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC. (5) No person shall export to another member State any hatching eggs, day-old chicks or poultry to which Article 6 of Council Directive 90/539/EEC, applies unless they originate from an establishment that—
(b) conforms with the requirements of Annex II to Council Directive 90/539/EEC. (6) An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(1)(a) of Council Directive 90/539/EEC.
(b) where a consignment is divided up or subsequently marketed, the subsequent destination of the animals, and shall keep such records for 12 months from the arrival of the consignment.
(b) in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Council Directive 91/68/EEC; and (c) the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC. (3) The operator of an assembly centre shall admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.
(b) record on a register—
(ii) the registration number of the transporter and the licence number of the vehicle delivering or collecting animals from the centre; (iii) in the case of cattle, the identification of the animals or the registration number of the holding of origin as well as the information in paragraphs (i) and (ii); (iv) in the case of pigs, the registration number of the holding of origin or of the herd of origin as well as the information in paragraphs (i) and (ii); and (v) in the case of sheep or goats, the identification of the animals, or the registration number of the holding of origin of the animals, and, where applicable, the approval or registration number of any assembly centre through which the animals have passed prior to entering the centre as well as the information in paragraphs (i) and (ii), and shall preserve each such record in the register for a minimum of three years.
(b) by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer. (7) Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing—
(b) shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Secretary of State to receive such notification; and (c) if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC, shall isolate the animals in question until a veterinary inspector authorised by the Secretary of State to do so has authorised their release in writing. Illegal consignments
(b) without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice. (3) Subject to the provisions of paragraph (4) if an inspector knows or suspects that animals or animal products do not comply with the provisions of Article 3 of Council Directive 90/425/EEC, he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to be in charge of those animals or products by way of notice the choice of—
(b) slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or (c) returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit. (4) If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector shall not serve a notice under paragraph (3) unless—
(b) the required consignment documentation has not been produced within that time. (5) In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with. Application of Part 3 14.This Part shall apply in respect of animals imported into England—
(b) from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out. Official veterinarians
(b) for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Secretary of State and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with. (2) No person shall import any animal to which an instrument in Part I of Schedule 7 applies unless, subject to paragraph (4) in relation to the import of captive birds, that animal is imported from a country or territory which is specified under an instrument in Part I of Schedule 7.
(b) the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Articles 3(3) and (5), 4, 5 and 6 of Commission Decision 2000/666/EC and regulation 19. (4) Without prejudice to regulation 19(7), no person shall remove any animal from a border inspection post or a quarantine centre unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.
(b) to any place other than the place of destination specified in the common veterinary entry document, unless he has been required to remove it to another place by means of a notice served on him by an inspector. (6) Subject to paragraphs (2) to (5), the person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004.
(b) he meets at least one of the following criteria—
(ii) he has been authorised so to enter by the Secretary of State or by a veterinary inspector; or (iii) he otherwise does so in fulfilment of a statutory function relating to animal health, animal welfare or species conservation which he is appointed by the Secretary of State or by the local authority to perform. (7) No person shall remove a live captive bird from a quarantine centre or quarantine facility unless a veterinary inspector has authorised the removal.
(b) inspect and arrange for copies of any documents or records (including those in electronic form) which he reasonably considers relevant for checking compliance as described in sub-paragraph (a); and (c) take such samples and carry out such inspections of a quarantine centre or quarantine facility and its equipment, and such clinical veterinary examinations, as are required under Commission Decision 2000/666/EC. (10) An inspector exercising powers under paragraph (9) shall produce, if required to do so, some duly authenticated document showing his authority to exercise those powers.
(b) by notice impose the other measures provided for in Article 4(4), except that in relation to Newcastle disease, he may instead serve notice specifying the terms on which the derogation in Article 4(5) is to be exercised.
(b) extend the period of quarantine as required under Article 5 of Commission Decision 2000/666/EC. (4) A veterinary inspector serving a notice under paragraphs (2) and (3) shall serve it upon the quarantine manager or other person appearing to be in charge of the centre or facility at the time of service; and shall as soon as he practically can send a copy by way of information to the importer of the birds concerned.
(b) place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within England; or (c) re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice. (2) Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or his representative.
(b) order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained. (6) In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with. Application of Part 4 25.This Part shall apply in respect of animals imported into England and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State. Imports 26.No person shall import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004. Import procedure 27.The provisions of regulations 7 to 13, 16(2) and (3), 23 and 24 of these Regulations shall apply in relation to animals to which this Part applies. Outbreaks of disease in other states 28.—(1) This regulation shall apply where the Secretary of State learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC, or through any other means, the presence in any other state of a disease referred to in Schedule 6, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health. (2) In the circumstances described in paragraph (1), the Secretary of State may, for the purpose of preventing the introduction or spreading of disease into or within England, by declaration suspend, or impose conditions upon, the entry into England of any animal or animal product from the whole or any part of that state. (3) Such a declaration shall be published in such manner as the Secretary of State thinks fit. (4) Where a declaration is in force suspending the entry of any animal or animal product, no person shall bring that animal or animal product into England if it is dispatched from, or originates from, the state or part thereof specified in the declaration. (5) Where a declaration is in force imposing conditions on the entry into England of any animal or animal product, no person shall bring that animal or animal product into England if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration. Notification of decisions 29.If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits. Powers of inspectors 30.—(1) Subject to regulation 10, 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, road or rail vehicle, 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 Council Directive 90/425/EEC and Council Directive 91/496/EEC, and in particular may—
(b) carry out checks on whether staff are complying with the requirements of the instruments in Part I of Schedule 3 relating to animal products; (c) take samples (and, if necessary, send the samples for laboratory testing) from—
(ii) products held with a view to being stored or sold, put on the market or transported; (iii) animals or animal products being transported in the course of intra-Community trade; (iv) animals at a border inspection post in the case of third country imports; or (v) animals or animal products at the place of destination in the case of an import from another member State; (d) examine documentary or data processing material relevant to the checks carried out under these Regulations; and Recovery of expenses
(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or (c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading. Offences by bodies corporate
(b) any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(b) paragraph 6 of Part I of Schedule 4; and (c) paragraph 2 of Part I of Schedule 5. (3) A person guilty of an offence under regulation 32(a) or (b) 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.
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. Transitional arrangements and disapplication of provisions
(b) imports of an animal to which an instrument in Schedule 7 applies from a country subject to that instrument. Revocation 1.Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29) has been amended by, and must be read with— Council Directive 90/539/EEC (OJ No. L303, 31.10.90, p. 6); Council Directive 91/67/EEC (OJ No. L46, 19.2.91, p. 1); Council Directive 91/68/EEC (OJ No. L46, 19.2.91, p. 19); Council Directive 91/174/EEC (OJ No. L85, 5.4.91, p. 37); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p. 17); Council Directive 92/60/EEC (OJ No. L268, 14.9.92, p. 75); Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54); Council Directive 92/118/EEC (OJ No. L62, 15.3.93, p. 49); Commission Decision 93/444/EEC (OJ No. L208, 19.8.93, p. 34); Commission Decision 94/338/EC (OJ No. L151, 17.6.94, p. 36); Commission Decision 94/339/EC (OJ No. L151, 17.6.94, p. 38); Council Directive 97/78/EC (OJ No. L24, 30.1.98, p. 9); Council Directive 2002/33/EC (OJ No. L315, 19.11.2002, p. 14); and the European international instruments. 2.Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56) has been amended by and must be read with— Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p. 13); Council Directive 90/424/EEC (OJ No. L224, 18.08.90, p. 19); Council Directive 90/425/EEC (OJ No. L224, 18.08.90, p. 29); Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p. 17); Council Decision 92/438/EEC (OJ No. L243, 25.8.92, p. 27); Commission Decision 94/467/EC (OJ No. L190, 26.7.94, p. 28); Council Directive 96/43/EC (OJ No. L162, 1.7.96, p. 1); Council Directive 97/78/EC (OJ No. L24, 30.1.98, p. 9); Commission Decision 97/794/EC (OJ No. L323, 26.11.97, p. 31); Commission Regulation (EC) No. 282/2004 (OJ No. L49, 19.2.2004, p. 11), as amended by Commission Regulation (EC) No. 585/2004 (OJ No. L91, 30.3.2004, p. 17); and the European international instruments.
(ii) Luton Airport and Stansted Airport are not border inspection posts for any species of animal specified in the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (S.I. 1974/2211). 1.Instrument: Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (OJ No. L109, 25.4.97, p. 1), and as subsequently amended by— Council Directive 98/46/EC (OJ No. L198, 15.7.98, p. 22); Council Directive 98/99/EC (OJ No. L358, 31.12.98, p. 107); Commission Decision 98/621/EC (OJ No. L296, 5.11.98, p. 15); Directive 2000/15/EC of the European Parliament and of the Council (OJ No.L105, 3.5.2000, p. 34); Directive 2000/20/EC of the European Parliament and of the Council (OJ No.L163, 4.7.2000, p. 35); Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Commission Regulation (EC) No 535/2002 (OJ No. L80, 23.3.2002, p. 22); Commission Regulation (EC) No 1226/2002 (OJ L179, 9.7.2002, p. 13); Council Regulation (EC) No. 21/2004 (OJ No. L5, 9.1.2004, p. 8); Commission Decision 2004/226/EC (OJ No. L68, 6.3.2004, p. 36); and the European International Instruments. Relevant provisions in that instrument: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports), and 12(3). Additional requirements
(b) The official health certificate accompanying all cattle imported into England from Portugal must contain the statement "Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia". (c) The official health certificate accompanying all swine imported into England from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those parts of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: "Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky's disease[33]". (d) Exports of cattle from England to the countries listed in Annexes I and II of Commission Decision 2004/558/EC (OJ No. L249, 23.7.2004, p. 20)—
(ii) in relation to the certification accompanying such exports—
(bb) for bovine animals exported to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, "IBR" must be entered, and after the second indent "Article 3 of Commission Decision 2004/558/EC" must be entered. (e) In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (OJ No. L178, 17.7.2003, p. 28), the importation into England from the Italian region of Sardinia of animals of the suidae family is prohibited. 2.Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (OJ No. L194, 22.7.88, p. 10), as amended by, and as read with— Council Directive 90/120/EEC (OJ No. L71, 17.3.90, p. 37); Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 93/60/EEC (OJ No. L186, 28.7.93, p. 28); Council Directive 2003/43/EC (OJ No. L143, 11.6.2003, p. 23); Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); Commission Decision 2004/101/EC (OJ No. L30, 4.2.2004, p. 15); and the European international instruments. Relevant provisions in that instrument: Articles 3 and 6. 3.Instrument: Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ No. L302, 19.10.89, p. 1), as amended by, and as read with— Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 93/52/EEC (OJ No. L175, 19.7.93, p. 21); Commission Decision 94/113/EC (OJ No. L53, 24.2.94, p. 23); Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and the European international instruments. Relevant provisions in that instrument: Articles 3 and 6. 4.Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with— Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 90/427/EEC (OJ No. L224, 18.08.90, p. 55) Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 92/36/EEC (OJ No. L157, 10.6.92, p. 28); Commission Decision 92/130/EEC (OJ No. L47, 22.2.92, p. 26); Commission Decision 93/623/EEC (OJ No. L298, 3.12.93, p. 45) as amended by Commission Decision 2000/68/EC (OJ No. L23, 28.1.2000, p. 72); Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Commission Decision 2002/160/EC (OJ No. L053, 23.2.2002, p. 37); and the European international instruments. Relevant provisions in that instrument, subject to and as read with the following Notes: Articles 4, 5, 7(1), and 8. Notes:
(b) For the avoidance of doubt, the derogation permitted under Article 7(2) shall not apply in relation to equidae brought into England. 5.Instrument: Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ No. L224, 18.8.90, p. 62) and Commission Decision 99/608/EC (OJ No. L242, 14.9.99, p. 20), as amended by, and as read with— Commission Decision 99/608/EC (OJ No. L242, 14.9.1999, p. 20); Commission Decision 2000/39/EC (OJ No. L13, 19.1.2000, p. 21); Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and the European international instruments. Relevant provisions in that instrument: Articles 3, 4(1), 4(2) and 6(1). Additional requirements: The official health certification accompanying all porcine semen imported into England from any other member State must state that the semen was collected from boars "on a collection centre which only contains animals that have not been vaccinated against Aujeszky's disease and which have reacted negatively to the serum neutralisation test or to the ELISA test for Aujeszky's disease, in accordance with the provisions of Council Directive 90/429/EEC" and paragraph 13(b)(ii) of the model health certificate provided in Annex D of Council Directive 90/429/EEC must be deleted in all cases. 6.Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ No. L303, 31.10.90, p. 6), as amended by, and as read with— Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54); Commission Decision 92/340/EEC (OJ No. L188, 8.7.92, p. 34); Commission Decision 92/369/EEC (OJ No. L195, 14.7.92, p. 25); Council Directive 93/120/EEC (OJ No. L340, 31.12.93, p. 35); Council Decision 95/410/EC (OJ No. L243, 11.10.95, p. 25) as amended by Council Decision 98/227/EC (OJ No. L87, 21.3.98, p. 14); Commission Decision 97/278/EC (OJ No. L110, 26.4.97, p. 77); Council Directive 99/90/EC (OJ No. L300, 23.11.1999, p. 19); Commission Decision 2000/505/EC (OJ No. L201, 9.8.2000, p. 8); Commission Decision 2001/867/EC (OJ No. L323, 7.12.2001, p. 29); Commission Decision 2003/644/EC (OJ No. L228, 12.9.2003, p. 29); Commission Decision 2004/235/EC (OJ No. L72, 11.3.2004, p. 86); and the European International instruments. Relevant provisions in that instrument: Articles 6 to 11, 12(1), and 15 to 17. Additional requirements:
(b) The official health certification accompanying day-old chicks exported from England to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision2003/644/EC of 8 September 2003. (c) The official health certification accompanying laying hens exported from England to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2004/235/EC of 11 March 2004. (d) The official health certification accompanying poultry for slaughter exported from England to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22 June 1995. (e) The official health certification accompanying poultry, hatching eggs and day-old chicks imported into England from Italy shall include the words "The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC"[35]. (f) In the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC which are —
(ii) imported from such a protection zone in another member State into England pursuant to the derogation in Article 7 of Commission Decision 2006/115/EC, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms:
7.Instrument: Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption (OJ No. L273, 10.10.2002, p. 1), as amended by, and as read with— Commission Regulation No. 808/2003 (OJ No. L117, 13.5.03, p. 1); Commission Regulation No. 811/2003 (OJ No. L117, 13.5.03, p. 14); Commission Regulation No. 813/2003 (OJ No. L117, 13.5.03, p. 22); Commission Decision 2003/320/EC (OJ No. L117, 13.5.03, p. 24); Commission Decision 2003/321/EC (OJ No. L117, 13.5.03, p. 30); Commission Decision 2003/326/EC (OJ No. L117, 13.5.03, p. 42); Commission Decision 2003/327/EC (OJ No. L117, 13.5.03, p. 44); Commission Decision 2003/328/EC (OJ No. L117, 13.5.2003, p. 46); Commission Decision 2003/329/EC (OJ No. L117, 13.5.2003, p. 51); Commission Regulation No. 780/2004 (OJ No. L123, 27.4.2004, p. 64); Commission Regulation No. 93/2005 (OJ No. L19, 21.1.2005, p. 34); and the European international instruments. Relevant provision in that instrument: Article 8 as read with Annex II. Farmed fish 8.—(1) Instrument: Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No. L46, 19.2.91, p. 1), as amended by, and as read with— Commission Decision 94/864/EC (OJ No. L352, 31.12.94, p. 74); Commission Decision 97/804/EC (OJ No. L329, 29.11.97, p. 70)); Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 31); Commission Decision 98/24/EC (OJ No L8, 14.1.98, p. 26); Council Directive 98/45/EC (OJ No. L189, 3.7.98, p. 12); Commission Decision 99/567/EC (OJ No. L216, 14.8.99, p. 13); Commission Decision 2001/159/EC (OJ No. L57, 27.2.2001, p. 54); Commission Decision 2001/183/EC (OJ L67 9.3.2001 p. 65); Commission Decision 2002/300/EC (OJ No. L103, 19.4.2002, p. 24), as amended by Commission Decision 2003/378/EC (OJ No. L130, 27.5.2003, p. 27); Commission Decision 2002/308/EC (OJ No. L106, 23.4.2002, p. 28), as amended by Commission Decision 2004/850/EC (OJ No. L368, 15.12.2004, p. 28); Commission Decision 2003/390/EC (OJ No. L135, 3.6.2003, p.19); Commission Decision 2003/466/EC (OJ No. L156, 25.6.2003, p. 61); Commission Decision 2003/634/EC (OJ No. L220, 3.9.2003, p. 8), as amended by Commission Decision 2003/904/EC (OJ No. L340, 24.12.2003, p. 69) and Commission Decision 2005/770/EC (OJ No. L291, 5.11.2005); Commission Decision 2004/453/EC (OJ No. L156, 30.4.2004, p. 5); and the European international instruments. Relevant provisions in that instrument: in so far as they apply to live fish, eggs and gametes, Articles 3, 4, 7 to 11, and 14 and 16. Fish other than farmed fish (2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (OJ No. L268, 24.9.91, p. 15), as amended by, and as read with— Council Directive 92/48/EEC (OJ No. L187, 7.7.92, p. 41), laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1) (a) (I) of Council Directive 91/493/EEC; Council Directive 95/71/EC (OJ No. L332, 30.12.95, p. 40); Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 310); and the European international instruments. Relevant provision in that instrument: Article 4. Live Bivalve molluscs (3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (OJ No. L268, 24.9.91, p. 1), as amended by, and as read with— Council Directive 97/61/EC (OJ No. L295, 29.10.97, p. 35); and the European international instruments. Relevant provisions in that instrument: Articles 3(1)(a)-(i), 3(2), 4, 7, 8, and 9. 9.Instrument: Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ No. L46, 19.2.91, p. 19) as amended by, and as read with— Council Directive 90/425/EC (OJ No. L224, 18.8.90, p. 29); Council Directive 92/102/EEC (OJ No. L355, 5.12.92, p. 32); as amended by Council Regulation (EC) No. 21/2004 (OJ No. L5. 9.1.2004, p. 8); Commission Decision 93/52/EEC (OJ No. L13, 21.1.93, p. 14), as amended by Commission Decisions 2001/292/EC (OJ No. L100, 11.4.2001, p. 28), 2002/482/EC (OJ No. L166, 25.6.2002, p. 23), 2003/44/EC (OJ No. L013, 18.1.2003, p. 23), 2003/237/EC (OJ No. L 87, 4.4.2003, p. 13), 2003/732/EC (OJ No. L264, 15.10.2003, p.30), 2004/199/EC (OJ No. L64, 2.3.2004, p. 41) and 2004/320/EC (OJ No. L102, 7.4.2004, p. 75); Commission Decision 94/164/EEC (OJ No. L74, 17.3.94, p. 42); Commission Decision 94/953/EEC (OJ No. L371, 31.12.94, p. 14); Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Directive 2001/10/EC of the European Parliament and of the Council (OJ No. L147, 31.5.2001, p. 41); Council Directive 2003/50/EC (OJ No. L169, 8.7.2003, p. 51); Commission Decision 2004/554/EC (OJ No. L 248, 9.7.2004, p. 1); Commission Decision 2005/932/EC (OJ No. L340, 23.12.2005, p. 68); and the European international instruments. Relevant provisions in that instrument: Articles 3, 4, 4a, 4b, 4c, 5, 6 and 9. Additional requirements:
(b) The official health certification accompanying all sheep and goats for fattening and breeding imported into England must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC. 10.Instrument: 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 Council Directive 90/425/EEC (OJ No. L268, 14.9.92, p. 54), as amended by, and as read with— Commission Decision 95/176/EC (OJ No. L117, 24.5.95, p. 23); Commission Decision 95/294/EC (OJ No. L182, 2.8.95, p. 27); Commission Decision 95/307/EC (OJ No. L185, 4.8.95, p. 58); Commission Decision 95/388/EC (OJ No. L234, 3.10.95, p. 30), as amended by Commission Decision 2005/43/EC (OJ No. L20, 22.1.05, p. 34); Commission Decision 95/483/EC (OJ No. L275, 18.11.95, p. 30); Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63); Commission Regulation (EC) No. 1282/2002 (OJ No. L187, 16.7.2002, p. 3); Council Regulation (EC) No. 1802/2002 (OJ No. L274, 11.10.2002, p. 21); Regulation (EC) No. 998/2003 (OJ No. L146, 13.6.2003, p.1), as amended by Council Decision 2004/650/EC (OJ No. L298, 23.9.2004, p. 22); Council Regulation (EC) No. 1398/2003 (OJ No. L198, 06.08.2003, p. 3); Commission Regulation (EC) No. 592/2004 (OJ No. L94, 31.3.2004, p. 7); Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p. 321[36]); Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and the European international instruments; Relevant provisions in that instrument: subject to the Note to this paragraph, Articles 3 to 9, 10(1) to 10(3), and 11 to 13. Note By way of derogation from the requirements of Article 5(1), the Secretary of State may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual. Additional requirements:
(b) Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions. 11.Instrument: Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ No. L62, 15.3.93, p. 49) as amended by, and as read with— Council Directive 2002/33/EC (OJ No. L315, 19.11.2002, p. 14); Commission Decision 2003/721/EC (OJ No. L260, 11.10.2003, p. 21); Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60); and the European international instruments. Relevant provisions in that instrument: Articles 6 and 7(1). 12.Instrument: Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ No. L206, 12.8.1977, p. 8), as amended by, and as read with— The Act concerning the conditions of accession of the Hellenic Republic to the European Communities (OJ No. L291, 19.11.79, p. 17); Council Directive 79/268/EEC (OJ No. L62, 13.3.79, p. 5); Council Regulation 3768/85/EEC (OJ No. L362, 31.12.85, p. 8); Council Directive 85/586/EEC (OJ No. L372, 31.12.85, p. 44); Commission Decision 86/404/EEC (OJ No. L233, 20.8.86, p. 19); Commission Decision 88/124/EEC (OJ No. L62, 8.3.88, p. 32); Council Directive 91/174/EEC (OJ No. L85, 5.4.91, p. 37); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/80/EC (OJ No. L19, 25.1.96, p. 50); Commission Decision 96/510/EC (OJ No. L210, 20.8.96, p. 53) (as amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27); Commission Decision 2002/8/EC (OJ No. L003, 5.1.2002, p. 53); and the European international instruments. Relevant provisions in that instrument: Articles 5 and 7. 13.Instrument: Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (OJ No. L382, 31.12.1988, p. 36), as amended by, and as read with— Commission Decision 89/503/EEC (OJ No. L247, 23.8.89, p. 22); Commission Decision 89/506/EEC (OJ No. L247, 23.8.89, p. 34); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/510/EC (OJ No. L210, 20.08.96, p. 53) (as amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27); and the European international instruments. Relevant provisions in that instrument: Articles 2(2), 5, 7(2) and 9. 14.Instrument: Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (OJ No. L153, 6.6.1989, p. 30), as amended by, and as read with— Commission Decision 90/258/EEC (OJ No. L145, 8.6.90, p. 39); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/510/EC (OJ No. L210, 20.08.96, p. 53); Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27); and the European international instruments. Relevant provisions in that instrument: Articles 3(2) and 6. 15.Instrument: Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ No. L224, 18.8.90, p. 55), as amended by, and as read with— Council Directive 90/426/EEC (OJ No. L224. 18.8.90, p. 42); Commission Decision 92/353/EEC (OJ No. L192, 11.7.92, p. 63); Commission Decision 92/354/EEC (OJ No. L192, 11.7.92, p. 66); Commission Decision 93/623/EEC (OJ No. L298, 3.12.93, p. 45) as amended by Decision 2000/68/EC (OJ No. L023, 28.1.2000, p. 72); Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66); Commission Decision 96/78/EC (OJ No. L19, 25.1.96, p. 39); Commission Decision 96/510/EC (OJ No. L210, 20.08.1996, p. 53); Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27); and the European international instruments. Relevant provisions in that instrument: Articles 6 and 8. 1.Any person transporting cattle, pigs, sheep or goats in intra-Community trade shall do so in accordance with this Part. 2.He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall preserve that information in the register for at least three years—
(b) places and dates of delivery, and the name or business name and address of the consignee; (c) species and number of animals carried; (d) date and place of disinfection; and (e) the unique identifying number of accompanying health certificates. 3.He shall ensure that the means of transport is constructed in such a way that animal faeces, litter or feed cannot leak or fall out of the vehicle.
(ii) in the case of sheep or goats, Council Directive 91/68/EEC, and in particular the provisions laid down in Article 8c of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and (b) that the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge. 1.Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade shall comply with the provisions of this Part. 2.—(1) The dealer shall—
(b) be registered with, and have a registration number issued by, the Secretary of State. (2) The Secretary of State shall only issue an approval under this paragraph if satisfied that the dealer will comply with the provisions of this Part and, in the case of a dealer in sheep or goats, that the dealer has agreed to comply with the requirements for the operation of his premises which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the premises are capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.
(b) the origin of the animals; (c) the date of purchase; (d) the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats; (e) the registration number of the holding of origin or the herd of origin of pigs; (f) the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable); (g) the registration number of the transporter or the licence number of the vehicle delivering and collecting animals; (h) the name and address of the buyer and the destination of the animals; and (i) copies of route plans and numbers of health certificates. 5.In the case of a dealer who keeps cattle, pigs, sheep or goats on his premises he shall ensure that––
(b) all necessary steps are taken to prevent the spread of disease. 6.—(1) The dealer shall only use premises approved for the purpose by the Secretary of State under this paragraph and which, in the case of a dealer in sheep and goats, are specified in an operational agreement created pursuant to paragraph 2(2). 1.Any reference to "the Directive" in this Part of this Schedule is a reference to Council Directive 90/539/EEC. 2.An application for an establishment to become a member of the Poultry Health Scheme ("the Scheme" in this Schedule) must be accompanied by the registration fee, the details of which are set out in Part 2 of this Schedule. 3.The Secretary of State shall only grant membership of the Scheme to an establishment if—
(ii) the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and (b) the operator of the establishment, having been notified that the Secretary of State is satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule. 4.The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to an establishment as being requirements that he believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment.
(b) a veterinary inspector employed by Defra shall carry out any additional inspections (in so far as not provided for under paragraph 8) which the Secretary of State considers necessary. 8.Without prejudice to any action which may be taken under paragraph 9, where, at the annual veterinary inspection of an operator's establishment, that operator or his establishment do not appear to the Secretary of State to meet the requirements either for membership of the Scheme or of the Directive, a veterinary inspector employed by Defra shall carry out such additional inspections ("re-inspections") as the Secretary of State considers necessary to ensure compliance on the part of that operator and his establishment with those requirements, in which case a re-inspection fee shall—
(b) become due upon the receipt by the operator concerned of an invoice for that fee. 9.The Secretary of State—
(b) may suspend or revoke membership if—
(ii) the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive; (iii) ownership or control of an establishment changes; or (iv) the operator has not paid the annual membership fee or if a re-inspection fee remains unpaid 30 days after becoming due. 1.The Secretary of State shall—
(b) publish the current registration fee on Defra's website[37]. 2.The registration fee shall be payable to the Secretary of State in respect of each establishment for which an application is made and shall be non-refundable.
(ii) any person engaged in managing the processing of such applications; and (iii) any veterinary inspector who carries out a veterinary inspection at an applicant establishment; (b) recruiting and training the staff referred to in sub-paragraph (a); 1.There shall be two rates for the annual membership fee: a higher rate, which includes the cost of an annual veterinary inspection by a veterinary inspector employed by Defra, and a lower rate which does not include the cost of such an inspection. 2.The lower rate shall be payable—
(b) in subsequent years where the operator of the establishment has elected for the annual veterinary inspection to be carried out by a veterinary inspector who is not employed by Defra. 3.The Secretary of State shall—
(b) publish the current rates of the annual membership fee on Defra's website. 4.The annual membership fee shall be payable to the Secretary of State in respect of each establishment and shall be non-refundable.
(ii) any person engaged in managing the administration of the Scheme; (iii) any veterinary inspector employed by Defra who carries out the annual veterinary inspection of an establishment or additional inspections during the year ; (b) recruiting and training the staff referred to in sub-paragraph (a); 6.The items listed in paragraph 5 shall not include any expense or cost which relates to the administration of, travel for the purposes of, and attendance at, re-inspections in so far as that expense or cost is recoverable under Part IV of this Schedule. 1.The re-inspection fee provided for under paragraph 8, Part I of this Schedule shall be composed of—
(b) a charge for mileage, that is, for each mile travelled by the veterinary inspector to and from the operator's establishment in order to carry out the re-inspection, the rate for which charge shall be 33 pence per mile. 2.The Secretary of State may, using such criteria as he considers appropriate in all the circumstances, reduce the charge for mileage under paragraph 1(b) in respect of any particular re-inspection in order to avoid an over-recovery of mileage costs incurred for a journey in the course of which other official activity is undertaken in addition to that re-inspection. 1.The Secretary of State may approve any labor |