Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No.4) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1357 |
2001 No. 1357 (W. 85)
ANIMALS, WALESANIMAL HEALTH
The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No.4) Regulations 2001
Made 4th April 2001
Coming into force 4th April 2001
The National Assembly for Wales, being designated1for the purposes of section 2(2) of the European Communities Act 19722) in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by that section, and of all other powers enabling it in that behalf, makes the following Regulations:
Title, commencement, application and cessation
1.—(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No.4) Regulations 2001; they extend to Wales and come into force at 11.45 p.m.on 4th April 2001.
(2) These Regulations apply until midnight on 19th April 2001.
Interpretation
2. In these Regulations, unless the context otherwise requires —
“the Decision” means Commission Decision 2001/172/ECof 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC3as amended by Commission Decision 2001/190/EC4,Commission Decision 2001/209/EC5, Commission Decision 2001/239/EC6and Commission Decision 2001/2668/EC7;
“export” means export outside the British Islands;
“inspector” means a person appointed by the National Assembly, the Minister or a local authority to be an inspector for the purposes of these Regulations, the Animals and Animal Products (Import and Export) (England and Wales) Regulations 20008or the Products of Animal Origin (Import and Export) Regulations 19969and includes a veterinary inspector;
“HACCP” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means a county council or a county borough council in Wales;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/EECon health problems affecting the production and marketing of meat products and certain other products of animal origin10);
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC(laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products11);
“restricted area of Northern Ireland” means the area of Newry and Mourne District Council;
“veterinary inspector” means a person appointed as a veterinary inspector by the National Assembly or the Minister.
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 or the Minister 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—
(a)
(a) fresh meat obtained before 1st February 2001, provided that the meat is clearly identified and since that date has been transported and stored separately from meat which is not destined for dispatch outside the United Kingdom; or
(b)
(b) fresh meat obtained from cutting plants situated in the United Kingdom under the following conditions—
(i) the only meat processed in the establishment is fresh meat described in sub-paragraph (a); fresh meat from animals reared outside the Great Britain or the restricted area of Northern Ireland, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter; or fresh meat from animals reared and slaughtered outside the United Kingdom;
(ii) all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC(on health problems affecting the production and marketing of meat products and certain other products of animal origin12);
(iii) the plant is operated under strict veterinary control; and
(iv) the meat is clearly identified and transported and stored separately from meat which is not destined for export.
(3) Meat consigned to another member State shall be accompanied by an official certificate prepared by the National Assembly and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words—
“Meat conforming to Commission Decision 2001/172/ECof 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
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 products13), or to meat products as defined in Council Directive 77/99/EECwhich 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—
(a)
(a) meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for export; or
(b)
(b) meat products prepared in establishments under the following conditions—
(i) all fresh meat used in the establishment must conform to the conditions in regulation 4(2);
(ii) all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside Great Britain or the restricted area of Northern Ireland;
(iii) all meat products must bear the health mark in accordance with Chapter VI of Annex B to Directive 77/99/EEC;
(iv) the establishment must be operated under strict veterinary control; and
(v) the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for export.
(4) Meat products consigned to another member State shall be accompanied by an official certificate prepared by the National Assembly and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words—
“Meat products conforming to Commission Decision 2001/172/ECof 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
(5) Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products either—
(a)
(a) are consigned in hermetically sealed containers, or
(b)
(b) have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of milk
6.—(1) No person shall export milk.
(2) The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
(a)
(a) an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council 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/EECand, as regards pathogens, to Directive 1990/425/EEC14) followed by a second heat treatment by high temperature pasteurisation, UHT, sterilisation or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
(b)
(b) an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC, combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
(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—
(a)
(a) all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside Great Britain or the restricted area of Northern Ireland;
(b)
(b) the establishment must be operated under strict veterinary control;
(c)
(c) the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for export; and
(d)
(d) transport of raw milk from outside the United Kingdom to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the United Kingdom keeping animals of species susceptible to foot-and-mouth disease.
(4) Milk consigned to another member State shall be accompanied by an official certificate prepared...
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