Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2002
| Jurisdiction | Wales |
| Citation | SI 2002/8 (W1) |
| Year | 2002 |
2002 No. 8 (W.1)
ANIMALS, WALESANIMAL HEALTH
The Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2002
Made 4th January 2002
Coming into force 5th January 2002
The National Assembly for Wales, being designated1for the purposes of section 2(2) of the European Communities Act 19722in 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 may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2002; they apply to Wales and come into force on 5th January 2002.
(2) These Regulations apply until midnight on 28th February 2002.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“administrative unit” means a group of local authorities shown in Schedule 2 to these Regulations, and may, if the context so permits, include such groups in England and Scotland;
“approved” means approved in accordance with regulation 3;
“county” means the area of a local authority, and may, if the context so permits, include such areas in England and Scotland;
“the Decision” means Commission Decision 2001/740/ECconcerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC3as last amended by the Commission Decision of the 28th December 20014;
“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 20005or the Products of Animal Origin (Import and Export) Regulations 19966and 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 19807
“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 origin8);
“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 products9);
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 199510;
“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 one of the administrative units listed in Schedule 2 under the following conditions—
(a)
(a) the transport must be subject to authorisation by the competent authorities at the place from which the animals are sent;
(b)
(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)
(c) before the animals are imported the importer must have obtained a movement licence under the Foot-and-Mouth Disease Order 198311permitting movement from the port of import to the place of destination;
(d)
(d) the animals must enter through a port specified in Schedule 1;
(e)
(e) when animals are brought in by road, each vehicle must contain only a single consignment;
(f)
(f) the consignment must be taken directly to a single holding in an administrative unit specified in Schedule 2;
(g)
(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)
(h) after cleansing and disinfection the National Assembly or the Secretary of State shall issue a certificate in the form set out in Schedule 3;
(i)
(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 swine12), Council Decision 98/256/EC(concerning emergency measures to protect against bovine spongiform encephalopathy13) 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 live porcine animals under the following conditions—
(a)
(a) the animals belong to a species specified in the appropriate column in Schedule 2;
(b)
(b) the animals must have been reared within and are dispatached from the areas specified in the appropriate column in Schedule 2;
(c)
(c) the dispatch has been authorised in writing by the National Assembly or the Secretary of State;
(d)
(d) there has been no outbreak of foot-and-mouth disease in the administrative unit or units in which the animal has been raised during the 90 days prior to dispatch;
(e)
(e) during the 30 days prior to dispatch the animals must be subject to the supervision of the relevant veterinary authority on a single holding that is situated within the administrative units listed in Schedule 2 and that is the centre of a circle of at least 10 kilometres radius (which circle may include land outside the relevant administrative unit) where there has been no outbreak of foot-and-mouth disease during at least the previous 30 days;
(f)
(f) no animal of species susceptible to foot-and-mouth disease has been introduced into the holding during the past 30 days prior to loading, except in the case of animals coming from a supplying holding which meets the requirements laid down in sub-paragraph (e), in which case the period shall be 7 days;
(g)
(g) during transport the animals must not come into contact with animals not from the same holding of dispatch, unless all the animals are consigned for direct slaughter and pure-bred pigs, in which case they may be collected during the journey from not more than three holdings which meet the requirements of sub-paragraph (e);
(h)
(h) animals for breeding or production must not be consigned to more than three holdings of destination, which must all be in the same Member State (except in the case of pure-bred breeding pigs which have been collected from more than one holding, which may be consigned to a single holding of destination only);
(i)
(i) animals must be transported in means of transport that have been cleansed and disinfected before loading or collecting for dispatch;
(j)
(j) the health certificates provided for in Council Directive 64/432/EECaccompanying the animals shall bear the following words—
“Animals conforming to Commission Decision 2001/740/ECof 19th October 2001 concerning certain protective measures with regard to foot-and-mouth disease in the United Kingdom”.
(4) Movement of...
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