Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 9) Regulations 2001

Publication Date:January 01, 2001
 
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2001No. 2529 (W. 207)

ANIMALS, WALES

ANIMAL HEALTH

The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 9) Regulations 2001

4pmon13th July 2001

5pmon13th July 2001

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, commencement, application and cessation

1. - (1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 9) Regulations 2001; they apply to Wales and come into force at 5pm on 13th July 2001.

(2) These Regulations shall apply until midnight on 20th July 2001.

Interpretation

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

"the Decision" means Commission Decision 2001/356/EC( 3) of 4 May 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/172/EC;

"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;

"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, Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 ( 4) or the Products of Animal Origin (Import and Export) Regulations 1996( 5) and 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;

"main roads" means motorways or trunk roads and in this context "trunk road" shall have the same meaning as in section 329(1) of the Highways Act 1980( 6);

"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 ( 7);

"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( 8) );

"National Assembly" means the National Assembly for Wales;

"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.

Import and dispatch of live animals

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

Dispatch of fresh meat

4. - (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( 9) applies.

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

(a) fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or(b) fresh meat obtained from cutting plants under the following conditions - (i) the only meat processed in the establishment is fresh meat described in sub-paragraph (a) or fresh meat from animals reared and slaughtered outside the restricted area;(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 productions and marketing of meat products and certain other products of animal origin( 10) )) or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for 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 ( 11) );(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 dispatch.(c) minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995( 12) under the following conditions - (i) the only meat processed in the establishment is fresh meat described in sub-paragraph (a) or fresh meat from animals reared and slaughtered outside the restricted area;(ii) all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations);(iii) the plant is operated under strict veterinary control; and(iv) the meat, minced meat and meat preparations are clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch.

(4) Meat, minced meat or meat preparations consigned to another Member State shall be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister 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/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom".

Dispatch of meat products

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

(2) The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ( 13) ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.

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

(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 dispatch;(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 the restricted area;(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 dispatch; or(c) meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1 February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.

(4) Meat products consigned to another Member State shall be accompanied by an official certificate prepared by the National Assembly, the Secretary of State or the Minister 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/EC of 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 have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met...

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