OpenLegislation

Regulation 3 Trade in live bovine animals, bovine embryos and products derived from bovine animals

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2) below, no person shall despatch from Great Britain to a member State or a third country, bring to any place in Great Britain for the purpose of such despatch or consign for the purpose of such despatch, any—

(a)

live bovine animal or bovine embryo;

(b)

meat meal, bonemeal or meat and bonemeal derived from any mammal; or

(c)

animal feed or fertiliser containing any meat meal, bonemeal or meat and bonemeal derived from any mammal.

(2)

Nothing in paragraph (1) above shall prohibit the despatch, bringing or consignment of any food destined for domestic carnivores by reason only that such food contains meat meal, bonemeal or meat and bonemeal derived from any mammal, provided that those materials do not originate from the United Kingdom and each stage in the preparation of the food which took place in the United Kingdom took place at an establishment approved under regulation 7 below in accordance with the requirements of that approval.

(3)

Subject to paragraphs (4) and (5) below, no person shall despatch from Great Britain to a member State or a third country, bring to any place in Great Britain for the purpose of such despatch or consign for the purpose of such despatch, any—

(a)

meat derived from a bovine animal slaughtered in the United Kingdom;

(b)

product derived from a bovine animal slaughtered in the United Kingdom which is liable to enter the human food or animal feed chain; or

(c)

material derived from a bovine animal slaughtered in the United Kingdom which is destined for use in cosmetics or medical or pharmaceutical products.

(4)

The prohibitions in paragraph (3) above shall not apply in relation to any type of eligible goods which satisfy the requirements referred to in regulation 3(7) of the Northern Ireland Regulations in respect of eligible goods of that type.

(5)

The prohibitions in paragraph (3) above shall not apply in relation to any controlled bovine by-product produced in an establishment registered under regulation 5 below where—

(a)

in the case of a controlled bovine by-product other than a by-product of a type referred to in paragraphs (d) and (e) of the definition of controlled bovine by-products in regulation 2(1) above—

(i)

it is accompanied by a health certificate issued by a veterinary inspector specifying that it was produced in compliance with the conditions specified in Annex 1 to the Council Decision and attesting to the frequency of the official controls carried out; and

(ii)

the Commission of the European Communities has set the date referred to in article 4(6) of the Council Decision in respect of that type of controlled bovine by-product and that date has passed; or

(b)

in the case of a controlled bovine by-product of a type referred to in paragraphs (d) and (e) of the definition of controlled bovine by-products in regulation 2(1) above, the Commission of the European Communities has set the date referred to in Article 4(6) of the Council Decision in respect of tallow and that date has passed; and

the implementation of official controls at the establishment has been inspected for the purpose of article 4(5) of the Council Decision.

(6)

No person shall despatch from Great Britain to a member State or a third country, bring to any place in Great Britain for the purpose of such despatch or consign for the purpose of such despatch any relevant goods unless—

(a)

each stage of the preparation of those goods which took place in the United Kingdom took place in an establishment approved—

(i)

by the Minister under regulation 7 below; or

(ii)

in the case of a stage of preparation taking place in Northern Ireland, by the Department under regulation 8 of the Northern Ireland Regulations;

(b)

in respect of relevant goods other than those of a type referred to in paragraph (e)(ii) of the definition of relevant goods in regulation 2(1) above, each stage of the preparation of those goods which took place in the United Kingdom took place under the supervision of a verterinary surgeon appointed by the Minister or, in the case of a stage of preparation taking place in Northern Ireland, by the Department;

(c)

in respect of relevant goods of a type referred to in paragraph (e)(ii) of the definition of relevant goods in regulation 2(1) above, each stage of the preparation of those goods which took place in the United Kingdom took place under the supervision of an inspector or, in the case of a stage of preparation taking place in Northern Ireland, by a person appointed as such by the Department;

(d)

in respect of any XAP relevant goods, the goods are accompanied by a health certificate issued by a veterinary surgeon appointed by the Minister or, in the case of goods prepared in Northern Ireland, by the Department—

(i)

stating that they were prepared in an establishment approved by the Minister under regulation 7 below or, in the case of goods prepared in Northern Ireland, by the Department under regulation 8 of the Northern Ireland Regulations;

(ii)

stating that the conditions referred to in articles 9, 10, 11, 12 and 13 of the Council Decision are met in respect of the goods, identifying all establishments approved under regulation 7 below where they were obtained, processed, handled or stored and identifying all labels and their serial numbers in respect of those goods; and

(iii)

stating in respect of any relevant goods of a type referred to in paragraph (a) of the definition of relevant goods in regulation 2(1) above, that the identity of all labels and their serial numbers in respect of the goods has been stated in the “Identification of Meat” section of the certificate referred to in Annex IV to Council Directive 64/433/EEC in respect of the goods and that the words “produced in accordance with Council Decision 98/256/EC” have been added to that and any other certificate accompanying the goods;

(e)

in respect of any relevant goods of a type referred to in paragraph (a) of the definition of “relevant goods” in regulation 2(1) above, the health marks on the goods have not been removed;

(f)

in respect of any relevant goods of a type referred to in paragraph (e) of the definition of “relevant goods” in regulation 2(1) above, there is a clear indication, either by means of a label affixed to the goods or on their packaging—

(i)

of the identity of the establishment at which the goods were produced;

(ii)

that the goods were produced in accordance with the Council Decision; and

(iii)

that the goods are suitable for use in human food, animal feed, cosmetics or medical or pharmaceutical products;

and

(g)

the goods are despatched in accordance with Part III of the Products of Animal Origin (Import and Export) Regulations 1996f1.

Annotations

Footnotes

f1

S.I. 1996/3124.