The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008
S.I. 2008/3203 · Made 15 December 2008
Agriculture, England
Made 15th December 2008
Laid before Parliament 19th December 2008
Coming into force 15th January 2009
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
- 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
- 1Title, application and commencement
- 2Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006
- 3Amendment to the Animals and Animal Products (Import and Export) (England)(Amendment) Regulations 2007
- Signature
- Schedule Replacement Schedules
- Explanatory note
1Title, application and commencement
These Regulations—
may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008;
apply in England; and
come into force on 15th January 2009.
2Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006
The Animals and Animal Products (Import and Export) (England) Regulations 2006f1 are amended in accordance with this regulation.
In regulation 1(2) delete the definition of “bluetongue susceptible animal”.
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 ).”.
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.”.
In regulation 35 delete “and subject to paragraph (1),”.
Schedule 1 is deleted.
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 post Animals 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 Airport All animals other than ungulates f1 Heathrow Airport All animals Manchester Airport live fish, reptiles, invertebrates Stansted Airport f2 Ungulates ”
“SCHEDULE 3
Intra-Community trade: legislation and additional requirements
Regulation 4
PART 1
LEGISLATION IN RELATION TO INTRA-COMMUNITY TRADE
Bovine animals and swine
1Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swinef3.
Bovine semen
2Council 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
3Council 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
4Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countriesf6.
Porcine Semen
5Council 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
6Council 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
7Regulation (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
8Council 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.
9Directive 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
10Other animals, semen, ova and embryos
11Council 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
12Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member Statesf14.
Pathogens
13Council 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
14Council Directive 77/504/EEC on pure-bred breeding animals of the bovine speciesf16.
Breeding animals of the porcine species
15Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine speciesf17.
Pure-bred breeding sheep and goats
16Council Directive 89/361/EEC concerning pure-bred breeding sheep and goatsf18.
Equidae
17Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidaef19.
Bluetongue susceptible animals
18Commission 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
1Council 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
2Captive birds
3Commission 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
4Commission 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
5Commission 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
6Commission 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
7Commission 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
8Commission 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
9Council 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
10Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animalsf30.
Equidae
General
11Council Directive 90/426/EEC on heath conditions governing the movement of equidae and their import from third countriesf31.
12Commission 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
13Commission 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
14Commission 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
15Commission 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
16Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and productionf36.
Poultry
17Council 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
18Council 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
19Commission 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
20Commission 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
21Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealandf41.
Zootechnical conditions
22Council 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
23Commission 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.
24Commission 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
25Commission 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.