Statutory Instruments

1995 No. 2428

AGRICULTURE

The Animals and Animal Products (Import and Export) Regulations 1995

Made

12th September 1995

Laid before Parliament

18th September 1995

Coming into force

9th October 1995

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers 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 Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), hereby make the following Regulations:

PART IINTRODUCTION

Title, commencement, interpretation and extent

1.-(1) These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 1995 and shall come into force on 9th October 1995.

(2) In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market(3) and Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries(4), both of which have been amended in accordance with Schedule 1;

"border inspection post" means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
"collection centre" means any site, including holdings and markets, at which animals originating from different holdings are grouped together to form consignments of animals intended for trade;
"import" means import into Great Britain;
"inspector" means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
"local authority" means-
(a)
in England and Wales, as respects each London borough (except in relation to imported live animals), metropolitan district or non-metropolitan county, the council of that borough, district or county;
(b)
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
(c)
in Scotland, the regional or islands council;
"Minister" means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or to Wales, the Secretary of State;
"place of destination" means the address or addresses to which the consignment is consigned by the consignor;
"veterinary inspector" means a person appointed as a veterinary inspector by the Minister.

(3) Any reference in these Regulations to a Schedule, unless the context otherwise requires, is a reference to a Schedule to these Regulations.

(4) Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations come into force.

(5) All notices and approvals under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.

(6) These Regulations do not apply to Northern Ireland.

Exception

2. These Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.

Enforcement

3.-(1) Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.

(2) The Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister and not by the local authority.

PART IIINTRA-COMMUNITY TRADE

Application of Part II

4. This Part of these Regulations shall apply to trade between member States in live animals and all animal products which are the subject of the directives listed in Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products(5).

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 directives in Schedule 3 unless-

(a)it complies with the relevant provisions of those directives (including any option permitted by those directives which has been exercised by the member State of destination) and any additional requirements on health conditions of the member State of destination;

(b)when required by a directive or the member State of destination, it is accompanied by an export health certificate signed by a veterinary inspector and any other document required by a directive or by the member State of destination;

(c)when required by a directive, 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 directive; and

(d)if it is acquired through a collection centre, such collection centre has been approved by the Minister for the purposes of intra-Community trade, and the collection centre complies with the provisions of the directives listed in Schedule 3 relating to collection centres.

(2) If an inspector has reasonable cause to suspect that a person in charge of animals or animal products intends to export them in contravention of this regulation he may by notice served on the consignor, his representative or person in charge of the animals or animal products prohibit that exportation and require the person 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.

(3) In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

(4) The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.

Imports

6. No person shall import from another member State any animal or animal product subject to a directive listed in Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that directive, any additional requirements specified in Schedule 3 and any additional legislation applicable in Great Britain.

Transport of animals and animal products

7.-(1) No person shall transport any animal or animal product which is being exported to another member State, or which is being imported from another member State to the address to which it is consigned, unless the animal or animal product is accompanied by the documents required by Article 3.1.d of Council Directive 90/425/EEC.

(2) No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the consignment documentation, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person's expense, to the address specified in the consignment documentation.

(4) The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.

Registration

8.-(1) For the purposes of paragraph (2) below the Minister shall keep a register of dealers engaging in intra-Community trade who have applied for registration in accordance with that paragraph.

(2) If required to do so by a notice served on him by the Minister, a dealer engaging in intra-Community trade in animals or animal products shall register as such with the Minister and shall give to him such undertakings as to compliance with these Regulations as shall be specified in the notice.

(3) Any person who has registered under paragraph (2) above shall keep a record of all deliveries of animals and animal products and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products, and shall keep such records for 12 months from the arrival of the consignment.

(4) No person shall export to another member State any animal to which the provisions of Articles 7, 9 and 10 of 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 Annex A(1) to Council Directive 90/425/EEC)(6) apply unless the animal originates from a holding which has been registered with the Minister and the owner or person in charge of that holding has given to the Minister undertakings in accordance with Article 4 of Council Directive 92/65/EEC.

Approval of centres and teams

9-(1) For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC, the Minister shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that directive and which conforms with the requirements of Annex C to that directive.

(2) The Minister shall suspend, withdraw or restore the approval referred to in paragraph (1) above in accordance with point 3 of Annex C to that directive.

(3) For the purposes of Article 11 of Council Directive 92/65/EEC, the Minister shall approve any semen collection centre or embryo collection team which has applied to the Minister for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 and Annex D to that Directive.

Inspection and checking at destination

10.-(1) A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into Great Britain from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the directives listed in Schedule 3, any additional requirements specified in Schedule 3 and any additional legislation applicable to those animals and animal products in Great Britain have been complied with.

(2) In addition to the powers in paragraph (1) above, an inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the directives listed in Schedule 3, any additional legislation specified in Schedule 3 and any additional legislation applicable to those animals or animal products in Great Britain.

(3) Any powers exercised under regulation 29 below shall only be exercised in accordance with this regulation in relation to an import from another member State until it reaches its place of destination and at its place of destination.

Duties on consignees

11.-(1) No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae(7)) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.

(2) A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.

(3) The authorised inspector in regulation 11(1) shall be the inspector authorised (in England and Wales by the Minister of Agriculture, Fisheries and Food and in Scotland by him and the Secretary of State for Scotland acting jointly) to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination in Great Britain is situated.

Duties on consignees relating to animals

12.-(1) Where animals are consigned to a collection centre approved by the Minister for the purposes of intra-Community trade, the operator of the collection centre shall ensure that no animal is admitted unless it complies with Article 3.1 of Council Directive 90/425/EEC.

(2) Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of the Fresh Meat (Hygiene and Inspection) Regulation 1995(8) or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(9), the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3.1 of Council Directive 90/425/EEC.

(3) If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Minister to receive such notification, who shall examine the animals and shall either-

(a)certify that they are fit to be slaughtered and used for their intended purpose, or

(b)by notice in writing 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.

(4) Where paragraphs (1) and (2) above 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-

(a)shall check, before the batch is divided up or marketed, that all the animals comply with the relevant provisions of the directives listed in Schedule 3, with respect to identification marks and accompanying documentation;

(b)shall forthwith notify any irregularity or anomaly to a veterinary inspector authorised by the Minister 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 Minister to do so has authorised their release in writing.

Illegal consignments

13.-(1) If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 4 or of a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may by notice served on the person appearing to him to have charge of those animals or products, require that person-

(a)immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be so specified for the purpose of preventing the introduction or spreading of disease into or within Great Britain, or

(b)without delay, to slaughter them, or slaughter and destroy them, or cause them to be slaughtered and destroyed, or, in the case of products, destroy them or cause them to be destroyed, in accordance with such conditions as may be specified in the notice.

(2) Subject to the provisions of paragraph (3) below, if an inspector knows or suspects that an animal or animal product does 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 have charge of those animals or products by way of notice the choice of-

(a)where the cause of non-compliance is the presence in animals of excessive residues, maintenance of the animals under supervision until all relevant legislation on residues is complied with and, in the event of failure to comply with that legislation, application of the measures provided for in that legislation, or

(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.

(3) If the only way the consignment fails to comply with legislation is irregularity in documentation, an inspector shall not cause the animals or animal products to be returned to the country of despatch without first giving the consignor, his representative or the person appearing to him to have charge of those animals or products a notice requiring him to produce the correct documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice.

(4) In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.

(5) The consignor, his representative and the person responsible for the animals and products shall be jointly and severally liable for the costs of any action taken under this regulation.

PART IIITHIRD COUNTRIES

Application of Part III

14. This Part of these Regulations shall apply in respect of animals imported into Great Britain-

(a)from anywhere other than a member State, and

(b)from another member State if the animals 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

15. The Minister of Agriculture, Fisheries and Food shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part of these Regulations and may revoke such designation at any time.

Importation

16.-(1) No person shall import any animal

(a)either for entry into Great Britain or for export to another member State unless the conditions in Article 5 of Council Directive 91/496/EEC and Articles 3, 4 and 5 of Council Directive 91/628/EEC on the protection of animals during transport(10) are complied with as well as any additional legislation applicable in Great Britain, or

(b)for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Minister 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 a directive listed in Schedule 5 applies except in conformity with that directive, any decision under that directive and any additional legislation applicable in Great Britain.

(3) No person shall import any animal to which a decision listed in Schedule 5 applies from the country referred to in that decision except in accordance with the provisions of those decisions, including any options exercised by the Minister under those decisions.

Places of import

17.-(1) No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(11) may also be imported at places permitted under that Order.

(2) If animals are imported at any place other than a place permitted under paragraph (1) above, an inspector may, by notice in writing, require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.

(3) Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.

(4) In the event of a notice not being complied with, an inspector may seize the animal or cause it to be seized and arrange for the requirements of the notice to be complied with.

(5) The consignor, his representative and the person responsible for the animals shall be jointly and severally liable for the costs of any action taken under this regulation.

Import procedure

18.-(1) No person shall import any animal unless he has given one working day's notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.

(2) On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the decisions listed in Schedule 5 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC.

(3) No person shall remove any animal from a quarantine centre or border inspection post unless there has been provided by the official veterinarian a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4.1, 4.2.a, 4.2.b, 4.2.d, 8 and 9 of that directive to his satisfaction.

(4) No person shall remove any animal from Customs temporary storage arrangements unless the certificate provided under paragraph (3) above has been provided to an officer of Her Majesty's Customs and Excise and the removal has been authorised by him, and except to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector.

(5) Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 below shall apply as they apply at a border inspection post.

Payment of fees

19. The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a, 9.2, the second and third indents of Article 10.1, Article 10.6 and Article 12.2 of Council Directive 91/496/EEC has been lodged.

Consignments constituting a danger to health

20. Where checks at the quarantine centre or border inspection post reveal that a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the consignment, and the costs of such action shall be payable by the importer or his representative.

Illegal consignments

21.-(1) Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC, a veterinary inspector shall, by notice served on the person appearing to him to have charge of those animals, require that person to -

(a)shelter, feed and water and, if necessary, treat the animals; or

(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 Great Britain; or

(c)re-dispatch 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) above the veterinary inspector shall consult the importer or his representative.

(3) If the animals are re-dispatched in accordance with paragraph (1)(c) above, the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.

(4) If in the opinion of the veterinary inspector re-dispatch is not possible, in particular for reasons of the welfare of animals, he by notice served on the person appearing to him to have charge of the animals-

(a)may, after ante-mortem examination, authorise slaughter of the animals for human consumption if so doing would comply with all relevant legislation;

(b)must otherwise order the slaughter of the animals for purposes other than human consumption or order the destruction of the carcases, specifying the conditions regarding control of the use of the products obtained.

(5) In the event of a notice not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.

(6) The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.

Arrival at the place of destination

22. On their arrival at the place of destination, animals for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release them from those premises unless authorised in writing by an authorised officer of the Minister.

Post-import controls

23.-(1) Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal he deems appropriate.

(2) If the checks confirm that import conditions were not complied with then the provisions of regulation 21 above shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or isolate them, may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.

PART IVIMPORTS WHERE CHECKS HAVE BEEN CARRIED OUT IN ANOTHER MEMBER STATE

Application of Part IV

24. This Part of these Regulations shall apply in respect of animals imported into Great Britain and which originated 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

25. No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination 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.

Import procedure

26. The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.

PART VGENERAL

Outbreaks of disease in other states

27.-(1) This regulation shall apply where the Minister 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 4, 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) above, the Minister may, for the purpose of preventing the introduction or spreading of disease into or within Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.

(3) Upon such declaration being made, the entry into Great Britain of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it satisfies such conditions as may be specified in the declaration.

(4) A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.

Notification of decisions

28. 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

29.-(1) Subject to regulation 10 above, 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 Council Directive 90/425/EEC and Council Directive 91/496/EEC, and in particular may-

(a)carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

(b)carry out checks on whether staff are complying with the requirements of the directives listed in Schedule 3 relating to animal products;

(c)take samples (and, if necessary, send the samples for laboratory testing) from-

(i)animals held with a view to being sold, put on the market or transported;

(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;

(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;

(e)take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC.

(3) Without prejudice to any other provision in these Regulations relating to the recovery of costs, the person in charge of any animals or animal product shall be liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.

Obstruction

30.-(1) No person shall-

(a)intentionally obstruct any person acting in the execution of these Regulations;

(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.

(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

31.-(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-

(a)any director, manager, secretary or other similar officer of the body corporate, or

(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.

(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.

(3) Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Penalties

32.-(1) A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.

(2) A person guilty of an offence under regulation 30(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-

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment 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.

Disapplication of provisions

33. The provisions of the legislation listed in Schedule 6 shall not apply to imports from another member State of animals and animal products to which a directive listed in Schedule 3 applies, or to imports of an animal to which a decision listed in Schedule 5 applies from the country subject to that decision, to the extent specified in column 3 of Schedule 6.

Revocations and transitional provisions

34.-(1) The Importation of Equine Animals Order 1979(12), the Artificial Breeding of Sheep and Goats Regulations 1993(13) and the Animals and Animal Products (Import and Export) Regulations 1993(14) are hereby revoked.

(2) Any notice or declaration issued under the Animals and Animal Products (Import and Export) Regulations 1993, and any registration made under those Regulations, shall continue to have effect as if made under the equivalent provision of these Regulations.

Tony Baldry

Minister of State, Ministry of Agriculture, Fisheries and Food

11th September 1995

Lindsay

Parliamentary Under Secretary of State, Scottish Office

12th September 1995

Regulation 1(2)

SCHEDULE 1AMENDMENTS TO DIRECTIVES

1. Council Directive 90/425/EEC as amended by, and as read with:

Council Directive 90/539/EEC (OJ No. L303, 31.10.90, p.6);

Council Directive 90/667/EEC (OJ No. L363, 27.12.90, p.51);

Council Directive 90/675/EEC (OJ No. L373, 31.12.90, p.1);

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); and

Commission Decision 94/339/EC (OJ No. L151, 17.6.94, p.38).

2. Council Directive 91/496/EEC as amended by, and as read with:

Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p.17);

Commission Decision 92/424/EEC (OJ No. L232, 14.8.92, p.34);

Commission Decision 92/432/EEC (OJ No. L237, 20.8.92, p.29);

Council Decision 92/438/EEC (OJ No. L243, 25.8.92, p.27);

Commission Decision 92/527/EEC (OJ No. L332, 18.11.92, p.22);

Commission Decision 94/467/EC (OJ No. L190, 26.7.94, p.28);

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 (OJ No. C241, 29.8.94, p.21);

Commission Decision 94/988/EC (OJ No. L378, 31.12.94, p.54).

Regulation 1(2) and 17(1)

SCHEDULE 2BORDER INSPECTION POSTS


^a Immingham, Luton, Stansted and Tilbury are not border inspection posts for any species of animals specified in the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974.
^b Ungulates include registered equidae as defined in Council Directive 90/426/EEC (OJ No. L224, 18.8.90, p.42).
Border inspection post	Animals which may be imported
East Midlands Airport	Tropical fish only
Gatwick Airport	All animals other than ungulates^b
Glasgow Airport	All animals other than ungulates^b
Heathrow Airport	All animals
Immingham Port^a	Registered equidae as defined in 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)
Luton Airport^a	Ungulates^b
Manchester Airport	All animals
Stansted Airport^a	All animals
Tilbury Port^a	Zoo animals and ungulates^b

Regulations 4, 5(1), 6, 10, 12(4)(a), 29(2)(b) and 33

SCHEDULE 3MEASURES TO BE COMPLIED WITH

I.VETERINARY LEGISLATION

Bovine animals and swine

1. Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine;

OJ No. L121, 29.7.64, p.1977 (Special Edition 1963-64, p.164) as amended by, and as read with:

Council Directive 66/600/EEC (OJ No. L192, 23.10.66, p.3294; Special Edition 1965-66, p.234);

Council Directive 71/285/EEC (OJ No. L175, 9.8.71, p.1; Special Edition 1971 (II) p.649);

The Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland (OJ No. L73, Special Edition, 27.3.72);

Council Directive 73/150/EEC (OJ No. L172, 28.6.73, p.18);

Council Directive 77/98/EEC (OJ No. L26, 31.1.77, p.81);

Council Directive 79/109/EEC (OJ No. L29, 3.2.79, p.20);

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 79/111/EEC (OJ No. L29, 3.2.79, p.26);

Council Directive 80/219/EEC (OJ No. L47, 21.2.80, p.25);

Council Directive 80/1098/EEC (OJ No. L325, 1.12.80, p.11);

Council Directive 80/1274/EEC (OJ No. L375, 31.12.80, p.75);

Council Directive 82/61/EEC (OJ No. L29, 6.2.82, p.13);

Council Directive 83/642/EEC (OJ No. L358, 22.12.83, p.41);

Council Directive 84/643/EEC (OJ No. L339, 27.12.84, p.27);

Council Directive 84/644/EEC (OJ No. L339, 27.12.84, p.30);

Council Directive 85/320/EEC (OJ No. L168, 28.6.85, p.36);

Council Directive 85/586/EEC (OJ No. L372, 31.12.85, p.44);

Council Regulation 3768/85/EEC (OJ No. L362, 31.12.85, p.8);

Council Decision 87/231/EEC (OJ No. L99, 11.4.87, p.18);

Council Directive 87/489/EEC (OJ No. L280, 3.10.87, p.28);

Council Directive 88/406/EEC (OJ No. L194, 22.7.88, p.1);

Council Directive 89/360/EEC (OJ No. L153, 6.6.89, p.29);

Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p.13);

Commission Decision 90/208/EEC (OJ No. L108, 28.4.90, p.102);

Council Directive 90/422/EEC (OJ No. L224, 18.8.90, p.9);

Council Directive 90/423/EEC (OJ No. L224, 18.8.90, p.13);

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p.29);

Commission Decision 91/52/EEC (OJ No. L34, 6.2.91, p.12);

Commission Decision 91/56/EEC (OJ No. L35, 7.2.91, p.29);

Council Directive 91/499/EEC (OJ No. L268, 24.9.91, p.107);

Council Directive 91/687/EEC (OJ No. L377, 31.12.91, p.16);

Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p.54);

Council Directive 92/102/EEC (OJ No. L355, 5.12.92, p.32);

Commission Decision 93/24/EEC (OJ No. L16, 25.1.93, p.18);

Commission Decision 93/42/EEC (OJ No. L16, 25.1.93, p.50);

Commission Decision 93/341/EEC (OJ No. L136, 5.6.93, p.47);

Commission Decision 93/664/EEC (OJ No. L303, 10.12.93, p.27);

Council Directive 94/42/EEC (OJ No. L201, 4.8.94, p.26);

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 (OJ No. L1, 3.1.94, p.1);

Commission Decision 94/163/EC (OJ No. L72, 16.3.94, p.20);

Commission Decision 94/474/EC (OJ No. L194, 29.7.94, p.96);

Commission Decision 94/887/EC (OJ No. L352, 31.12.94, p.112);

Commission Decision 94/961/EC (OJ No. L371, 31.12.94, p.26);

Commission Decision 94/962/EC (OJ No. L371, 31.12.94, p.27);

Commission Decision 95/51/EC (OJ No. L53, 9.3.95, p.33);

Commission Decision 95/108/EC (OJ No. L79, 7.4.95, p.29);

Commission Decision 95/109/EC (OJ No. L79, 7.4.95, p.32);

Commission Decision 95/300/EC (OJ No. L184, 3.8.95, p.55).

Relevant provisions: Articles 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.10, 3a, 4a, 4b, 6, 9a.

(a)The official health certificate accompanying all swine imported into Great Britain from Spain must state that the animals comply with Commission Decision 94/887/EC of 21 December 1994 as amended by Decision 95/300/EC derogating from prohibitions relating to African swine fever for certain areas in Spain.

(b)The official health certificate accompanying all cattle exported from Great Britain must contain the statement: "Animals in accordance with Commission Decision 94/474/EC of 27 July 1994 concerning bovine spongiform encephalopathy".

(c)The official health certificate accompanying all cattle imported into Great Britain from Spain must contain the statement: "Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro-pneumonia".

(d)The official health certificate accompanying all cattle imported into Great Britain from Portugal must contain the statement: "Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia".

(e)The official health certificate accompanying all cattle imported into Great Britain from Italy must contain the statement: "Live cattle in accordance with Commission Decision 91/56/EEC on contagious bovine pleuro-pneumonia".

(f)The official health certificate accompanying all swine imported into Great Britain from any other member State except Denmark and Finland and those regions of France and Germany specified in Commission Decisions amending Decision 93/24/EEC must contain the statement:"Pigs in accordance with Commission Decision 93/24/EEC of 11 December 1992 concerning Aujeszky's disease. In the case of pigs for breeding, the test used was the whole virus ELISA/ELISA for g1 antibodies (delete where applicable)".

(g)The official health certificate accompanying all cattle exported from Great Britain to Denmark or Finland must contain the statement: "Bovines in accordance with Commission Decision 93/42/EEC of 21st December 1992 concerning IBR for bovines being sent to Member States or Regions listed in the Annex to the said Decision".

(h)The official health certificate accompanying all cattle exported from Great Britain to Austria and Sweden must contain the statement: "Bovines in accordance with Commission Decision 95/109/EC".

(i)In accordance with Commission Decision 95/108/EC the importation into Great Britain from the Italian region of Sardinia of animals of the suidae family is prohibited.

Bovine semen

2. 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:

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);

Relevant provisions: Articles 3, 4.1, 6.

Bovine embryos

3. 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, 19.10.1989, p.1 as amended by, and as read with:

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p.29);

Commission Decision 92/290/EEC (OJ No. L152, 4.6.92, p.37);

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);

Relevant provisions: Articles 3 and 6.

The official health certificate accompanying all embryos of domestic animals of the bovine species exported from Great Britain must contain the statement: "Embryos in accordance with Commission Decision 92/290/EEC concerning bovine spongiform encephalopathy".

Equidae

4. 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 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);

Relevant provisions: Articles 4, 5, 7.1, 7.2, 8.

The requirements of Articles 4.1, 4.2 and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of registered horses accompanied by an identification document provided for in Council Directive 90/427/EEC (OJ No. L224, 18.8.90, p.55).

Porcine semen

5. 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 as amended by, and as read with:

Relevant provisions: Articles 3, 4.1, 4.2, 6.1.

The official health certification accompanying all porcine semen imported into Great Britain 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.

Poultry and hatching eggs

6. 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, 30.10.90, p.6 as amended by, and as read with:

Council Directive 91/494/EEC (OJ No. L268, 24.9.91, p.35);

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);

Commission Decision 95/160/EC (OJ No. L105, 9.5.95, p.40);

Commission Decision 95/161/EC (OJ No. L105, 9.5.95, p.44).

Relevant provisions: Articles 6 to 11, 12.1, 15 to 17.

(a)The official health certification accompanying breeding poultry exported from Great Britain to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 95/160/EC of 21 April 1995.

(b)The official health certification accompanying day-old chicks exported from Great Britain 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 Decision 95/160/EC of 21 April 1995.

(c)The official health certification accompanying laying hens exported from Great Britain to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 95/161/EC of 21 April 1995.

Animal waste

7. Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feeding stuffs of animal or fish origin;

OJ No. L363, 27.12.90, p.51 as amended by, and as read with:

Relevant provisions: Articles 3 and 5.

Aquaculture animals and products

8. 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 92/528/EEC (OJ No. 332, 18.11.92, p.25);

Commission Decision 92/538/EEC (OJ No. L347, 28.11.92, p.67) (as amended by Commission Decision 94/817/EC (OJ No. L337, 24.12.94, p.88));

Commission Decision 93/22/EEC (OJ No. L16, 25.1.93, p.8);

Commission Decision 93/39/EEC (OJ No. L16, 25.1.93, p.46);

Commission Decision 93/40/EEC (OJ No. L16, 25.1.93, p.47);

Commission Decision 93/44/EEC (OJ No. L16, 25.1.93, p.53) (as amended by Commission Decision 94/865/EC (OJ No. L352, 31.12.94, p.75));

Council Directive 93/54/EEC (OJ No. L175, 19.7.93, p.34) in so far as it applies to exports;

Commission Decision 93/55/EEC (OJ No. L14, 22.1.93, p.24) (as amended by Commission Decision 93/169/EC (OJ No. L71, 24.3.93, p.16));

Commission Decision 93/56/EEC (OJ No. L14, 22.1.93, p.25);

Commission Decision 93/57/EEC (OJ No. L14, 22.1.93, p.26);

Commission Decision 93/58/EEC (OJ No. L14, 22.1.93, p.27);

Commission Decision 93/59/EEC (OJ No. L14, 22.1.93, p.28);

Commission Decision 93/73/EEC (OJ No. L27, 4.2.93, p.34);

Commission Decision 93/74/EEC (OJ No. L27, 4.2.93, p.35) (as amended by Commission Decision 94/450/EC (OJ No. L187, 22.7.94, p.8));

Commission Decision 94/722/EC (OJ No. L288, 9.11.94, p.47);

Commission Decision 95/124/EC (OJ No. L84, 14.4.95, p.6);

Commission Decision 95/125/EC (OJ No. L84, 14.4.95, p.8);

Commission Decision 95/336/EC (OJ No. L195, 18.8.95, p.26).

Relevant provisions: Articles 3, 4, 7 to 11, 14 and 16.

(a)Aquaculture animals and products from Iceland and Norway to which Directive 91/67/EEC applies must be imported at a border inspection post.

(b)In accordance with the derogation in paragraph 8 of Annex 1 of 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 the provisions of Directive 91/67/EEC shall not apply to imports of live fish and crustaceans as well as eggs and gametes of fish and crustaceans for farming or restocking which come from Iceland or Norway. Great Britain shall retain existing national measures in respect of imports of these animals and animal products.

Ovine and caprine animals

9. 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 read with:

Council Directive 92/102/EEC (OJ No. L355, 5.12.92, p.32);

Commission Decision 93/52/EEC (OJ No. L13, 21.1.93, p.14);

Commission Decision 94/164/EEC (OJ No. L74, 17.3.94, p.42);

Commission Decision 94/877/EC (OJ No. L352, 31.12.94, p.102).

Relevant provisions: Articles 4, 5, 6 and 9.

(a)Only uncastrated rams for breeding which have been tested for contagious epididimytis (Brucella ovis) in accordance with Article 6.c of Council Directive 91/68/EEC may be imported into Great Britain.

(b)The official health certification accompanying all sheep and goats for fattening and breeding imported into Great Britain must confirm that the animals are eligible for entry into officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.

Protection of animals during transport

10. Council Directive 91/628/EEC on the protection of animals during transport;

OJ No. L340, 11.12.91, p.17 as amended by, and as read with:

Relevant provisions: Articles 4, 6, 8, 11 and 15.

Other animals, semen, ova and embryos

11. 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).

Relevant provisions: Articles 3 to 9, 10.1, 10.2 (only in so far as it concerns exports), 11 to 13.

(a)By way of derogation from the requirements of article 5.1, the Minister 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.

(b)The importation into Great Britain of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least once month.

(c)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.

Pathogens

12. 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.

Relevant provisions: Articles 6 and 7.1.

II.ZOOTECHNICAL LEGISLATION

Pure-bred animals of the bovine species

13. 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).

Relevant provisions: Articles 5 and 7.

Breeding animals of the porcine species

14. 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);

Relevant provisions: Articles 2.2, 5, 7.2 and 9.

Pure-bred breeding sheep and goats

15. 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);

Relevant provisions: Articles 3.2 and 6.

Equidae

16. Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae;

OJ No. L224, 18.8.1990, p.55 as amended by, and as read with:

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);

Relevant provisions: Articles 6 and 8.

Regulations 13(1) and 27(1)

SCHEDULE 4List of Diseases

Foot and mouth disease

Classical swine fever

African swine fever

Swine vesicular disease

Newcastle disease

Rinderpest

Peste des petits ruminants

Vesicular stomatitis

Blue tongue

African horse sickness

Viral equine encephalomyelitis

Teschen disease

Avian influenza

Sheep and goat pox

Lumpy skin disease

Rift valley fever

Contagious bovine pleuropneumonia

Bovine spongiform encephalopathy

Infectious haematopoietic necrosis

Regulations 16(2) and (3), 18(2) and 33

SCHEDULE 5COMMUNITY LEGISLATION ON THIRD COUNTRIES

Bovine, ovine and caprine animals and swine from third countries

1. Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries;

Council Directive 90/423/EEC (OJ No. L224, 18.8.90, p.13);

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p.29);

Council Directive 91/69/EEC (OJ No. L46, 19.2.91, p.37);

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p.56);

Council Directive 91/688/EEC (OJ No. L377, 31.12.91, p.18);

Relevant provisions: Articles 6, 11, 12.8 and 13.

Third countries from which member States may authorise certain imports

2.-(1) Council Decision 79/542/EEC drawing up a list of third countries from which the member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products (OJ No. L146, 14.6.79, p.15); as amended by:

Commission Decision 93/100/EEC (OJ No. L40, 17.2.93, p.23);
Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p.11);
Commission Decision 93/435/EEC (OJ No. L201, 11.8.93, p.28);
Commission Decision 94/310/EC (OJ No. L137, 1.6.94, p.72);
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 (OJ No. C241, 29.8.94, p.21);
Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);
Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p.17);
Commission Decision 95/288/EC (OJ No. L181, 1.8.95, p.42);
Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p.9);
Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p.11).

(2) Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs (OJ No. L156, 7.7.95, p.76).

Canada

3. Commission Decision 83/494/EEC concerning animal health conditions and veterinary certification for the importation of domestic animals of the bovine and porcine species from Canada (OJ No., L273, 6.10.83, p.37) as amended by: Commission Decision 84/421/EEC (OJ No. L237, 5.9.84, p.14).

(a)The official health certification accompanying all cattle imported into Great Britain from Canada must state that the animals do not originate from herds in the geographic region of the Okanagan Valley in British Columbia as defined by Commission Decision 88/212/EEC on health protection measures concerning bluetongue in respect of Canada (OJ No. L95, 13.4.88, p.21). Cattle imported into Great Britain from Canada may only be despatched from the territory of Canada between 1st February and 15th April inclusive.

(b)The official health certification accompanying all swine imported into Great Britain from Canada must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

(c)The importation of cattle from herds in which not all bovines over 24 months old have been tested negative for enzootic bovine leukosis within the twelve months prior to the date of export from Canada is permitted subject to the following provisions:

(i)in the case of females, the animals must have been non-pregnant at the time of entry into pre-export isolation and at the time of loading for export;

(ii)in the case of bulls not intended for direct entry into semen collection centres, and in the case of females, the animals must be at least 18 months old at the time of loading for export and must undergo 6 months isolation following import into Great Britain;

(iii)in the case of bulls intended for direct entry into a semen collection centre, the animals must undergo 9 months isolation following import into Great Britain.

Equidae

4. 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 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 94/467/EEC (OJ No. L190, 26.7.94, p.28);

Commission Decision 95/329/EC (OJ No. L191, 12.8.95, p.36).

Relevant provisions: Articles 11, 12.1, 13 to 16, 18 and 20.2.

Poultry and hatching eggs

5. 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, 30.10.90, p.6 as amended by, and as read with:

Council Directive 91/494/EEC (OJ No. L268, 24.9.91, p.35);

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).

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 Prinicipality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation (OJ No. L1, 3.1.94, p.1);

Relevant provisions: Articles 20, 21.1, 22.1, 23, 24, 27.2 and 28.

Other specified animals

6. 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).

Relevant provisions: Articles 17.1, 17.2 and 18.

Temporary admission of registered horses

7. Commission Decision 92/260/EEC on animal health conditions and veterinary certifi cation for temporary admission of registered horses;

OJ No. L130, 15.5.92, p.67 as amended by, and as read with:

Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p.11);

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);

Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p.17).

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p.9);

Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p.11).

Hungary

8. Commission Decision 92/322/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Hungary;

OJ No. L177, 30.6.92, p.1 as amended by:

Commission Decision 93/393/EEC (OJ No. L170, 13.7.93, p.30);

Commission Decision 94/668/EC (OJ No. L260, 8.10.94, p.34).

The official health certification accompanying all swine imported into Great Britain from Hungary must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

Poland

9. Commisson Decision 92/323/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Poland (OJ No. L177, 30.6.92, p.18).

The official health certification accompanying all swine imported into Great Britain from Poland must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

The Czech Republic and Slovakia

10. Commission Decision 92/324/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Czechoslovakia (OJ No. L177, 30.6.92, p.35).

The official health certification accompanying all swine imported into Great Britain from the Czech Republic and Slovakia must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

Bulgaria

11. Commission Decision 92/325/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Bulgaria;

OJ No. L177, 30.6.92, p.52 as amended by, and as read with:

Commission Decision 92/526/EEC (OJ No. L332, 18.11.92, p.21);

Commission Decision 93/420/EC (OJ No. L191, 31.7.93, p.133);

Commission Decision 95/147/EC (OJ No. L96, 28.4.95, p.51);

Commission Decision 95/295/EC (OJ No. L182, 2.8.95, p.30).

The official health certification accompanying all swine imported into Great Britain from Bulgaria must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

Romania

12. Commission Decision 92/402/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Romania (OJ No. 224, 8.8.92, p. 18).

The official health certification accompanying all swine imported into Great Britain from Romania must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

Switzerland

13. Commission Decision 92/460/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Switzerland (OJ No. L261, 7.9.92, p.1).

The official health certification accompanying all swine imported into Great Britain from Switzerland must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

Iceland

14. Commission Decision 92/463/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Iceland (OJ No. L261, 7.9.92, p.50).

The official health certification accompanying all swine imported into Great Britain from Iceland must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

Latvia

15. Commission Decision 93/181/EEC on animal health conditions and veterinary certificates for the importation of domestic animals of the bovine species and health protection measures in respect of imports of domestic animals of the porcine species from Latvia (OJ No. L78, 31.3.93, p.1).

The importation into Great Britain from Latvia of domestic animals of the porcine species is prohibited.

Slovenia

16. Commission Decision 93/182/EEC on animal health conditions and veterinary certificates for the importation of domestic animals of the bovine species and health protection measures in respect of imports of domestic animals of the porcine species from Slovenia (OJ No. L78, 31.3.93, p.11).

The importation into Great Britain from Slovenia of domestic animals of the porcine species is prohibited.

Lithuania

17. Commission Decision 93/183/EEC on animal health conditions and veterinary certificates for the importation of domestic animals of the bovine species and health protection measures in respect of imports of domestic animals of the porcine species from Lithuania (OJ No. L78, 31.3.93, p.21).

The importation into Great Britain from Lithuania of domestic animals of the porcine species is prohibited.

Estonia

18. Commission Decision 93/184/EEC on animal health conditions and veterinary certificates for the importation of domestic animals of the bovine species and health protection measures in respect of imports of domestic animals of the porcine species from Estonia (OJ No. L78, 31.3.93, p.31).

The importation into Great Britain from Estonia of domestic animals of the porcine species is prohibited.

Registered horses for racing, etc.

19. Commission Decision 93/195/EEC on animal health conditions and veterinary certifi cation for the re-entry of registered horses for racing, competition and cultural events after temporary export;

OJ No. L86, 6.4.93, p.1 as amended by, and as read with:

Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p.11);

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);

Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p.17).

Commission Decision 95/99/EC (OJ No. L76, 5.4.95, p.16);

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p.9);

Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p.11).

Equidae for slaughter

20. Commission Decision 93/196/EEC on animal health conditions and veterinary certifi cation for imports of equidae for slaughter;

OJ No. L86, 6.4.93, p.7, as amended by:

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11).

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p.9).

Equidae for breeding and production

21. Commission Decision 93/197/EEC on animal health conditions and veterinary certifi cation on imports of registered equidae and equidae for breeding and production;

OJ No. L86, 6.4.93, p.16, as amended by:

Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p.11);

Commission Decision 93/510/EEC (OJ No. L238, 23.9.93, p.45);

Commission Decision 93/682/EEC (OJ No. L317, 18.12.93, p.82);

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);

Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p.17);

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p.9);

Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p.11).

All pre-export tests of registered equidae and equidae for breeding and production imported from Belarus, Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, ex-Yugoslav Republic of Macedonia, Montenegro, Poland, Romania, Russia, Serbia, the Slovak Republic, Slovenia and the Ukraine must be carried out as follows: for vesicular stomatitis at the Institute of Animal Health, Pirbright; the mandatory tests for infectious anaemia, dourine and glanders and, if necessary, the test for equine viral arteritis at the Central Veterinary Laboratory, Weybridge. The test results must be attached to the health certificate accompanying the imported equidae.

Ovine and caprine animals

22. Commission Decision 93/198/EEC laying down a model for the animal health conditions and veterinary certification for the importation of domestic ovine and caprine animals from third countries;

OJ No. L86, 6.4.93, p.34, as amended by:

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);

Live animals in relation to foot-and-mouth disease

23. Commission Decision 93/242/EEC concerning the importation into the Community of certain live animals and their products originating from certain European countries in relation to foot-and-mouth disease;

OJ No. L110, 4.5.93, p.36, as amended by, and as read with:

Commission Decision 94/81/EC (OJ No. L40, 11.2.94, p.58);

Commission Decision 95/295/EC (OJ No. L182, 2.8.95, p.30).

Relevant provisions: Articles 1, 2 and 5.

New Zealand

24. Commission Decision 93/491/EEC on animal health conditions and veterinary certificates for the importation of domestic animals of the bovine and porcine species from New Zealand (OJ No. L229, 10.9.93, p.18).

The official health certificate accompanying all swine imported into Great Britain from New Zealand must state that the animals comply with the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or regions free of the disease (OJ No. L16, 25.1.93, p.16).

Zootechnical conditions

25. Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ No. L178, 12.7.94, p.66).

Croatia

26. Commission Decision 94/321/EC concerning animal health conditions and veterinary certificates for the importation of domestic animals of the bovine and porcine species from Croatia (OJ No. L143, 8.6.94, p.11).

The importation into Great Britain from Croatia of domestic animals of the porcine species is prohibited.

Regulation 33

SCHEDULE 6Legislation which does not apply

Title	Reference	Extent
The Diseases of Fish Act 1937	1937 c. 33	Section 1
The Hares (Control of Importation) Order 1965	S.I. 1965/2040	The whole Order
The Rabies (Importation of Dogs, Cats and Other Mammals) Order1974 as amended by the Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994	S.I. 1974/2211 as amended by S.I. 1994/1716.	The Order shall continue to apply to all carnivores, primates and bats. It shall continue to apply to the importation of all other animals unless such animals are imported by way of trade and can be shown to have been born on the holding of origin and kept in captivity since birth.
The Importation of Animals Order 1977	S.I. 1977/944	Articles 3, 4(7), 4(8), 5(1) to (3), 7(1), 8 to 14, 16, 17, 18(1)(b), 18(3), 19 to 21, 23, 24 and 25(2) except that article 3 shall continue to apply to ruminating animals and swine other than animals which are the subject of Council Directives 64/432/EEC and 91/68/EEC
The Importation of Birds, Poultry and Hatching Eggs Order 1979	S.I. 1979/1702	Articles 4 to 7, 9(3) to (6), 10 to 12 except that Article 4 shall continue to apply to all birds (including domestic fowl) and their hatching eggs other than those subject to the provisions of Council Directive 90/539/EEC (excluding domestic fowl)
The Importation of Embryos, Ova and Semen Order 1980 as amended by the Importation of Embryos, Ova and Semen (Amendment) Order 1984	S.I. 1980/12 as amended by S.I. 1984/1326	The whole Order except that article 4 shall continue to apply to embryos, ova and semen (as defined in that Order) other than-� (a) bovine semen which is the subject of Council Directive 88/407/EEC, (b) bovine embryos which are the subject of Council Directive 89/556/EEC, (c) porcine semen which is the subject of Council Directive 90/429/EEC, (d) equine ova and embryos which are the subject of Commission Decision 95/294/EC, and (e) equine semen which is the subject of Commission Decision 95/307/EC.
The Diseases of Fish Regulations 1984	S.I. 1984/455	Regulations 2 and 5
The Importation of Bovine Semen Regulations 1984	S.I. 1984/1325	The whole instrument

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with amendments the Animals and Animal Products (Import and Export) Regulations 1993. They take into account changes to Community legislation adopted since those Regulations were made. Amongst other changes Schedule 2 (Border Inspection Posts referred to in Regulation 1(2) and 17(1)) now specifies the categories of animals which are permitted to be imported through the named, authorised Border Inspection Posts. Amendments have been made to Schedule 1 (Regulation 1(2)), Schedule 3 (Regulations 4, 5(1), 6, 10, 12(4)(a), 29(2)(b) and 33), and Schedule 5 (Regulations 16(2) and (3), 18(2) and 33) in accordance with the European Economic Area Agreement and 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.

A Compliance Cost Assessment for these Regulations has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (International Trade) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

OJ No. L224, 18.8.90, p.29 as read with the provisions listed in Schedule 1.

(4)

OJ No. L268, 24.9.91, p.56 as read with the provisions listed in Schedule 1.

(5)

OJ No. L46, 19.2.91, p.1 as amended and read with the provisions listed in Schedule 3, paragraph 8.

(6)

OJ No. L268, 14.9.92, p.54.

(7)

OJ No. L224, 18.8.90, p.55.

(8)

S.I. 1995/539.

(9)

S.I. 1995/540.

(10)

OJ No. L340, 11.12.91, p.17.

(11)

S.I. 1974/2211; relevant amendment is S.I. 1994/1716.

(12)

S.I. 1979/1701.

(13)

S.I. 1993/3248.

(14)

S.I. 1993/3247.

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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Animals and Animal Products (Import and Export) Regulations 1995 No. 2428 URL: http://www.bailii.org/uk/legis/num_reg/1995/uksi_19952428_en.html

United Kingdom Statutory Instruments

1995 No. 2428

The Animals and Animal Products (Import and Export) Regulations 1995

PART IINTRODUCTION

Title, commencement, interpretation and extent

Exception

Enforcement

PART IIINTRA-COMMUNITY TRADE

Application of Part II

Exports

Imports

Transport of animals and animal products

Registration

Approval of centres and teams

Inspection and checking at destination

Duties on consignees

Duties on consignees relating to animals

Illegal consignments

PART IIITHIRD COUNTRIES

Application of Part III

Official veterinarians

Importation

Places of import

Import procedure

Payment of fees

Consignments constituting a danger to health

Illegal consignments

Arrival at the place of destination

Post-import controls

PART IVIMPORTS WHERE CHECKS HAVE BEEN CARRIED OUT IN ANOTHER MEMBER STATE

Application of Part IV

Imports

Import procedure

PART VGENERAL

Outbreaks of disease in other states

Notification of decisions

Powers of inspectors

Obstruction

Offences by bodies corporate

Penalties

Disapplication of provisions

Revocations and transitional provisions

SCHEDULE 1AMENDMENTS TO DIRECTIVES

SCHEDULE 2BORDER INSPECTION POSTS

SCHEDULE 3MEASURES TO BE COMPLIED WITH

I.VETERINARY LEGISLATION

Bovine animals and swine

Bovine semen

Bovine embryos

Equidae

Porcine semen

Poultry and hatching eggs

Animal waste

Aquaculture animals and products

Ovine and caprine animals

Protection of animals during transport

Other animals, semen, ova and embryos

Pathogens

II.ZOOTECHNICAL LEGISLATION

Pure-bred animals of the bovine species

Breeding animals of the porcine species

Pure-bred breeding sheep and goats

Equidae

SCHEDULE 4List of Diseases

SCHEDULE 5COMMUNITY LEGISLATION ON THIRD COUNTRIES

Bovine, ovine and caprine animals and swine from third countries

Third countries from which member States may authorise certain imports

Canada

Equidae

Poultry and hatching eggs

Other specified animals

Temporary admission of registered horses

Hungary

Poland

The Czech Republic and Slovakia

Bulgaria

Romania

Switzerland

Iceland

Latvia