Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 2) Regulations 2002

Publication Date:January 01, 2002
 
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2002No. 130 (W.18)

ANIMALS, WALES

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 2) Regulations 2002

25thJanuary2002

26thJanuary2002

ARRANGEMENT OF REGULATIONS

1.

Title, application, commencement and cessation

2.

Interpretation

3.

Approvals

4.

Importation of live animals

5.

Dispatch of live animals

6.

Dispatch of fresh meat, minced meat and meat preparations

7.

Dispatch of meat products

8.

Dispatch of milk

9.

Dispatch of milk products

10.

Dispatch of semen, ova and embryos

11.

Dispatch of hides and skins

12.

Dispatch of animal products

13.

Exemptions

14.

Endorsement of commercial documents

15.

Third country certificates

16.

Offers to dispatch or export

17.

Powers of inspectors

18.

Powers of customs officers

19.

Illegal consignment of animals

20.

Illegal consignments of products

21.

Fees

22.

Obstruction

23.

Furnishing false information

24.

Offences by bodies corporate

25.

Penalties

26.

Certificates, approvals, etc. issued in another part of the British Islands

27.

Enforcement

28.

Revocations

SCHEDULE 1

Ports of Entry

SCHEDULE 2

Cleansing and disinfection certificate

The National Assembly for Wales, being designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to the Common Agricultural Policy of the European Community, in 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, application, commencement and cessation

1. - (1) These Regulations are called the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No.2) Regulations 2002; they apply to Wales and come into force on 26th January 2002.

(2) These Regulations apply until midnight on 31st March 2002.

Interpretation

2. - (1) In these Regulations, unless the context otherwise requires -

"approved" means approved in accordance with regulation 3;

"the Decision" means Commission Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC( 3) as last amended by the Commission Decision 2002/48/EC( 4);

"dispatch" means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;

"export" means export outside the British Islands and includes consigning for export;

"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;

"inspector" means a person appointed by the National Assembly, the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the National Assembly, the Minister or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000( 5) or the Products of Animal Origin (Import and Export) Regulations 1996( 6) and includes a veterinary inspector;

"local authority" means a county council or county borough council in Wales;

"main roads" means motorways or trunk roads and in this context "trunk roads" have the same meaning as in section 329(1) of the Highways Act 1980( 7)

"meat products" means meat products as defined in Article 2 of Council Directive 77/99/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin( 8));

"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 products( 9));

"National Assembly" means the National Assembly for Wales;

"official veterinary surgeon" means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995( 10);

"restricted area" means the British Islands other than Northern Ireland and the Isle of Man; and

"veterinary inspector" means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.

(2) Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.

(3) A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.

Approvals

3. - (1) The National Assembly or the Secretary of State shall approve premises for the purposes of these Regulations if satisfied that the occupier of the premises will comply with the conditions of these Regulations.

(2) Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the National Assembly or the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.

(3) Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside Wales and are approved by the relevant authority for the purposes of the Decision.

Importation of live animals

4. - (1) No person shall import any live animal of species susceptible to foot-and-mouth disease into Wales from another member State.

(2) Paragraph (1) shall not apply in relation to animals brought into Wales under the following conditions -

(a) the transport must be subject to authorisation by the competent authorities at the place from which the animals are sent;(b) the National Assembly or the Secretary of State must be notified by those competent authorities, at least three working days before arrival in Wales, of the details of the consignment, the journey and the port of arrival;(c) before the animals are imported the importer must have obtained a movement licence under the Foot-and-Mouth Disease Order 1983( 11) permitting movement from the port of import to the place of destination;(d) the animals must enter through a port specified in Schedule 1;(e) when animals are brought in by road, each vehicle must contain only a single consignment;(f) the consignment must be taken directly to a single holding in Great Britain;(g) after unloading the animals, and before the vehicle departs from Great Britain, the empty vehicle must be moved under a licence issued by an officer of the local authority, the National Assembly or the Secretary of State to cleansing and disinfection premises approved by the National Assembly or the Secretary of State;(h) after cleansing and disinfection the National Assembly or the Secretary of State shall issue a certificate in the form set out in Schedule 2;(i) the driver of the vehicle shall keep the certificate with him or her until the vehicle leaves Great Britain and shall produce it to an inspector on demand.

Dispatch of live animals

5. - (1) No person shall dispatch 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 Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.

(3) Without prejudice to the provisions of Council Directive 64/432/EEC (on animal health problems affecting intra-Community trade in bovine animals and swine( 12)), Council Decision 98/256/EC (concerning emergency measures to protect against bovine spongiform encephalopathy)( 13) and the restriction on movement imposed under the Foot-and-Mouth Disease Order 1983, the prohibition in paragraph (1) shall not apply in relation to the dispatch of bovine or porcine animals.

(4) The health certificates provided for in Council Directive 64/432/EEC accompanying the animals shall bear the following words -

" Animals conforming to Commission Decision 2001/740/EC of 19th October 2001 concerning certain protective measures with regard to foot-and-mouth disease in the United Kingdom".

Dispatch of fresh meat, minced meat and meat preparations

6. - (1) No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.

(2) In paragraph (1), the reference to "fresh meat" includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ( 14))applies.

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

(a) marked with 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 origin( 15)) or, in the case of meat from other biungulates, in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat( 16));(b) which is clearly identified;(c) which has been transported and stored since the date of production separately from meat, minced meat and meat preparations not destined for dispatch; and(d) which was - (i) obtained before 1st February 2001; or(ii) derived from animals slaughtered or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed in Great Britain after 19th October 2001; or(iii) derived from animals reared and slaughtered or,...

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