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2001 No. 659 (W.34)

ANIMALS, WALES

ANIMAL HEALTH

The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) Regulations 2001

  Made 2nd March 2001 at 8.30 p.m. 
  Coming into force 2nd March 2001 at 11.00 p.m. 

The National Assembly for Wales, being designated[ name="n1">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 and extent and cessation
     1.  - (1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2001; they apply to Wales and come into force on 2nd March 2001 at 11.00 p.m.

    (2) These Regulations shall apply until midnight on 9th March 2001.

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

Import and export of live animals
     3.  - (1) No person shall export 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 may by licence in writing authorise the export of biungulate animals originating outside the United Kingdom if the animals travelled through the United Kingdom 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.

Export of fresh meat
     4.  - (1) No person shall export any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate.

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

    (3) Meat consigned to another member State shall be accompanied by a certificate issued by a veterinary inspector which bears the following words - 

Export of meat products
     5.  - (1) No person shall export meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the United Kingdom.

    (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 [7]), 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 a certificate issued by a veterinary inspector which bears the following words - 

    (5) Derogating from the provisions in paragraph (4) it shall be sufficient in the case of meat products which conform to the requirements of paragraph (2) and are consigned in hermetically sealed containers that compliance with the conditions required for the treatment laid down in paragraph (2) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 11.

Export of milk
     6.  - (1) No person shall export milk for human or non-human consumption.

    (2) The prohibition in paragraph (1) shall not apply in relation 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 situated in the United Kingdom under the following conditions - 

    (4) Milk consigned to another member State shall be accompanied by a certificate issued by a veterinary inspector which bears the following words - 

    (5) Derogating from the provisions of paragraph (4), it shall be sufficient in the case of milk which conforms to the requirements of paragraph (2) and is consigned in hermetically sealed containers or has been processed in an automated production system which ensures that standards for treatment are met and recorded that compliance with the conditions required for the treatment laid down in paragraph (2) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 11.

Export of milk products
     7.  - (1) No person shall export milk products for human or non-human consumption.

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

    (3) The prohibitions described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions - 

    (4) Milk products consigned to another member State shall be accompanied by a certificate issued by a veterinary inspector which bears the following words - 

    (5) Derogating from the provisions of paragraph (4), it shall be sufficient in the case of milk products which conform to the requirements of paragraph (2) and are consigned in hermetically sealed containers or have been processed in an automated production system which ensures that standards for treatment are met and recorded that compliance with the conditions laid down in paragraph (2) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 11.

Export of semen, etc.
     8.  - (1) No person shall export 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 produced before 1st February 2001.

    (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 [9]) 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 specie[10])) accompanying bovine embryos consigned to other member State shall bear the following words - 

Export of hides and skins
     9.  - (1) No person shall export 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 (laying down animal health 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 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC[11]). Care must be taken to separate effectively treated hides and skins from untreated hides and skins.

    (3) The hides and skins must be accompanied by a certificate stating - 

    (4) Derogating from the provisions in paragraph (3) it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1A indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC to be accompanied by a commercial document stating compliance with the conditions required for the treatment laid down in paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex I to Council Directive 92/118/EEC.

    (5) Derogating from the provisions in paragraph (3) it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC that compliance with the conditions required for the treatment laid down in paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex I to Council Directive 92/118/EEC is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 11.

Export of animal products
     10.  - (1) No person shall send 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) The prohibition in paragraph (1) shall not apply in relation to - 

    (3) The animal products must be accompanied by a certificate stating - 

Endorsement of commercial documents
     11.  - (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 stating that the production process has been audited and found in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus and 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.

Powers of inspectors
     12  - (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, 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 the Decision, and in particular may - 

Illegal consignments
     13  - (1) Where an inspector knows or suspects that animals or animal products are intended for export and do not comply with the requirements of these Regulations he may by notice served on the person in charge of those animals or products require that person at his own expense - 

    (2) In the case of any notice served under this regulation not being complied with, an inspector may seize or cause to be seized any animals or animal products to which it relates and arrange for the requirements of the notice to be complied with at the expense of the person on whom it was served.

Obstruction
     14.  - (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
     15  - (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
     16  - (1) A person contravening any provision of these Regulations shall be guilty of an offence.

    (2) A person guilty of an offence under regulation 14(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 - 

Enforcement
     17. These Regulations shall be enforced by the Minister or the local authority.

Revocation
    
18. The Export Restrictions (Foot-and-Mouth Disease) Regulations 2001 [12] are revoked in so far as they apply in relation to Wales.

Delegation
     19. The functions exercisable by the National Assembly under these Regulations shall be exercisable by the First Secretary on behalf of the National Assembly.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 [13]


D. Elis Thomas
The Presiding Officer of the National Assembly

2 March 2001 at 8:30 p.m.



EXPLANATORY NOTE

(This Note is not part of the Regulations)


These Regulations implement in
Wales restrictions on imports and exports of certain animals and animal products in accordance with Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC (OJ No. L62, 2.3.2001, p.22).


Notes:

[1] By virtue of the European Communities (Designation) (No.3) Order (S.I 1999/2788).back

[2] 1972 c. 68.back

[3] OJ No. L62, 2.3.2001, p.22.back

[4] 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

[5] 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

[6] 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

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

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

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

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

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

[12] S. I. 2001/498.back

[13] 1998 c.38. href="#n13">back



ISBN 0-11-090159-2


  Prepared 7 March 2001


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