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The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008

S.I. 2008/3203 · Made 15 December 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Agriculture, England

Made 15th December 2008

Laid before Parliament 19th December 2008

Coming into force 15th January 2009

The Secretary of State is a Minister designatedf1 for the purposes of making Regulations under section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Community.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to the legislation set out in the Schedule to be construed as references to that legislation as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Annotations to the whole text

Footnotes

f1

S. I. 1972/1811.

f2

1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

Contents

  1. 1Title, application and commencement
  2. 2Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006
  3. 3Amendment to the Animals and Animal Products (Import and Export) (England)(Amendment) Regulations 2007
  4. Signature
  5. Schedule Replacement Schedules
  6. Explanatory note

1Title, application and commencement

These Regulations—

(a)

may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008;

(b)

apply in England; and

(c)

come into force on 15th January 2009.

2Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006

(1)

The Animals and Animal Products (Import and Export) (England) Regulations 2006f1 are amended in accordance with this regulation.

(1)

In regulation 1(2) delete the definition of “bluetongue susceptible animal”.

(2)

For regulation 1(5) substitute—

“(5)

Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears in—

(a)

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 (OJ No L224, 18.8.90, p. 29 as last amended by Directive 2002/33/EC of the European Parliament and of the Council, OJ No. L 315, 19.11.2002, p. 14); and

(b)

Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (OJ L 268, 24.9.1991, p. 56 as last amended by Council Directive 2006/104/EC, OJ No. L363, 20.12.2006, p. 352 ).”.

(3)

After regulation 1(6) add—

“(7)

Any reference in these Regulations to an instrument of the European Community is a reference to that instrument as amended from time to time.”.

(4)

In regulation 35 delete “and subject to paragraph (1),”.

(5)

Schedule 1 is deleted.

(6)

For Schedules 2, 3, and 7 to those Regulations, substitute the replacements set out in the Schedule to these Regulations.

3Amendment to the Animals and Animal Products (Import and Export) (England)(Amendment) Regulations 2007

Regulation 2(2) of the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007f1 is revoked.

Signature

Jane Kennedy

Minister of State

Department for Environment, Food and Rural Affairs

15th December 2008

Replacement Schedules

______________________________________________________________________________

“SCHEDULE 2

Border Inspection Posts

Regulation 1(2)

Border inspection postAnimals that may be imported
(i)

Ungulates include registered equidae as defined in Council Directive 90/426/EEC (OJ No. L224, 18.8.90, p. 42 as last amended by Council Directive 2006/104/EC, OJ No L 363, 20.12.2006, p. 352).

(ii)

Stansted Airport is not a border inspection post for any species of animal specified in the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (S. I. 1974/2211).

Gatwick AirportAll animals other than ungulates f1
Heathrow AirportAll animals
Manchester Airportlive fish, reptiles, invertebrates
Stansted Airport f2Ungulates

”

“SCHEDULE 3

Intra-Community trade: legislation and additional requirements

Regulation 4

PART 1

LEGISLATION IN RELATION TO INTRA-COMMUNITY TRADE

Bovine animals and swine

1

Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swinef3.

Bovine semen

2

Council Directive 88/407/EEC laying down the animal health conditions applicable to intra-Community trade in and imports of semen of domestic animals of the bovine speciesf4.

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 speciesf5.

Equidae

4

Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countriesf6.

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 speciesf7.

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 eggsf8.

Animal waste

7

Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumptionf9.

Fish

8

Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animalsf10.

9

Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/ECf11.

Ovine and caprine animals

10

Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animalsf12.

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/EECf13.

Circuses and animal acts

12

Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member Statesf14.

Pathogens

13

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/EECf15.

Pure-bred animals of the bovine species

14

Council Directive 77/504/EEC on pure-bred breeding animals of the bovine speciesf16.

Breeding animals of the porcine species

15

Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine speciesf17.

Pure-bred breeding sheep and goats

16

Council Directive 89/361/EEC concerning pure-bred breeding sheep and goatsf18.

Equidae

17

Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidaef19.

Bluetongue susceptible animals

18

Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetonguef20.”

“SCHEDULE 7

Community legislation in relation to imports from third countries.

Regulation 16

PART 1

INSTRUMENTS SPECIFYING THIRD COUNTRIES AND TERRITORIES IN THIRD COUNTRIES FROM WHICH MEMBER STATES MAY AUTHORISE CERTAIN IMPORTS

Cloven-hoofed animals and elephants and zoo ungulates

1

Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meatf21.

Poultry

2

Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggsf22.

Captive birds

3

Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereoff23.

Shellfish

4

Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumptionf24.

Finfish

5

Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumptionf25.

Bees

6

Commission Decision 2003/881/EC of 11 December 2003 concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/ECf26.

Equidae

7

Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine speciesf27.

Cats, dogs and ferrets

8

Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centresf28.

PART 2

DETAILED PROVISIONS

Cloven-hoofed animals and elephants and zoo ungulates

9

Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine and fresh meatf29.

Zoo ungulates

10

Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animalsf30.

Equidae

General

11

Council Directive 90/426/EEC on heath conditions governing the movement of equidae and their import from third countriesf31.

12

Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine speciesf32.

Temporary admission of registered horses

13

Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horsesf33.

Registered horses for racing, etc, upon re-entry

14

Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary exportf34.

Equidae for slaughter

15

Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughterf35.

Registered equidae and equidae for breeding and production

16

Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and productionf36.

Poultry

17

Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggsf37.

Other specified animals, semen, ova and embryos

18

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/EECf38.

Captive birds

19

Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereoff39.

Cats, Dogs and Ferrets

20

Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centresf40.

Live animals from New Zealand

21

Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealandf41.

Zootechnical conditions

22

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 speciesf42.

Finfish and Shellfish from third countries

23

Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumptionf43.

24

Commission Decision 2003/858/EC laying down the specific animal health conditions and certification requirements for imports of live fish, their eggs, and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumptionf44.

Bees

25

Commission Decision 2003/881/EC concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/ECf45.”

Explanatory note

(This note is not part of the Regulations)

These Regulations replace Schedules 2, 3 and 7 to the Animals and Animal Products (Import and Export) (England) Regulations 2006 (S. I. 2006/1471). The new Schedules incorporate a number of new and amended pieces of Community legislation that have come into force since those Regulations came into force.

The Regulations provide that references to the Community instruments to in those Regulations are now references as amended from time to time.

They make some small corrections to the 2006 Regulations.

An Impact Assessment has not been prepared for this instrument as no impact on business, charities or voluntary bodies is foreseen.