The Animals and Animal Products (Import and Export) Regulations 1993

These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 1993 and shall come into force on 1st January 1994.

In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in 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 market3 and Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries4, both of which have been amended in accordance with Schedule 1;

• “border inspection post” means a place specified in Schedule 2;

• “Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination in Great Britain is situated;

• “import” means import into Great Britain;

• “inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;

• “local authority” means—

• in England and Wales, as respects each London borough (except in relation to imported live animals), metropolitan district or non-metropolitan county, the council of that borough, district or county;

• as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;

• in Scotland, the regional or islands council;

• “Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or to Wales, the Secretary of State;

• “place of destination” means the address or addresses to which the consignment is consigned by the consignor;

• “veterinary inspector” means a person appointed as a veterinary inspector by the Minister.

Any reference in these Regulations to a Schedule, unless the context otherwise requires, is a reference to a Schedule to these Regulations.

Any reference in these Regulations to a directive is to that directive as amended.

All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.

These Regulations do not apply to Northern Ireland.

Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.

The Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister and not by the local authority.

If an inspector has reasonable cause to suspect that a person in charge of animals or animal products intends to export them in contravention of this Regulation he may by notice served on the consignor, his representative or person in charge of the animals or animal products prohibit that exportation and require the person to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.

In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.

No person shall transport any animal or animal product which is being exported to another member State, or which is being imported from another member State to the address to which it is consigned, unless the animal or animal product is accompanied by the documents required by Article 3.1.d of Council Directive 90/425/ EEC.

No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the consignment documentation, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the consignment documentation.

In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.

If required to do so by a notice served on him by the Minister, a dealer engaging in intra-Community trade in animals or animal products shall register as such and shall give to the Minister such undertakings as to compliance with these Regulations as shall be specified in the notice.

Any person who has received a notice under the preceding paragraph shall keep a record of all deliveries of animals and animal products and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products, and shall keep such records for 12 months from the arrival of the consignment.

No person shall export to another member State any animal to which the provisions of Articles 7, 9 and 10 of 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 Annex A(1) to Council Directive 90/425/EEC)6 apply unless the animal originates from a holding which has been registered with the Minister and the owner or person in charge of that holding has given undertakings in accordance with Article 4 of Council Directive 92/65/EEC.

For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC, the Minister shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that directive and which conforms with the requirements of Annex C to that directive.

The Minister shall suspend, withdraw or restore the approval in accordance with point 3 of Annex C to that directive.

A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into Great Britain from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the directives listed in Schedule 3 have been complied with.

In addition to the powers in paragraph (1) above, an inspector shall have the power to inspect animals and animal products and accompanying documents anywhere and at any time if he has information leading him to suspect an infringement of the directives listed in Schedule 3.

Any powers exercised under Regulation 29 below shall only be exercised in accordance with this regulation in relation to an import from another member State until it reaches its place of destination and at its place of destination.

No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae7) unless the importer or consignee has notified to the Divisonal Veterinary Officer in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.

A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.

Where animals are consigned to a market or assembly centre approved by the Minister for the purposes of intra-Community trade, the operator of the market or assembly centre shall ensure that no animal is admitted unless it complies with Article 3.1 of Council Directive 90/425/EEC.

Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of the Fresh Meat (Hygiene and Inspection) Regulations 19928 or the Poultry Meat Hygiene Regulations 19769, the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3.1 of Council Directive 90/425/EEC.

If the only way the consignment fails to comply with legislation is irregularity in documentation, an inspector shall not cause the animals or animal products to be returned to the country of despatch without first giving the consignor, his representative or the person appearing to him to have charge of those animals or products a notice requiring him to produce the correct documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice.

In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.

The consignor, his representative and the person reponsible for the animals and products shall be jointly and severally liable for the costs of any action taken under this regulation.

No person shall import any animal to which a directive listed in Schedule 5 applies except in conformity with that directive, any decision under that directive and any additional legislation applicable in Great Britain.

No person shall import any animal to which a decision listed in Schedule 5 applies from the country referred to in that decision except in accordance with the provisions of those decisions, including any options exercised by the Minister under those decisions.

No person shall import any animal except at a border inspection post and in accordance with any conditions imposed in Schedule 2 relating to that border post, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 197411 may also be imported at places permitted under that Order.

If animals are imported at any place other than a place permitted under paragraph (1) above, an inspector may, by notice in writing, require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.

Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Economic Community.

In the event of a notice not being complied with, an inspector may seize the animal or cause it to be seized and arrange for the requirements of the notice to be complied with.

The consignor, his representative and the person responsible for the animals shall be jointly and severally liable for the costs of any action taken under this regulation.

No person shall import any animal unless he has given one working day’s notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.

On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the decisions listed in Schedule 5 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC.

No person shall remove any animal from a quarantine centre or border inspection post unless there has been provided by the official veterinarian a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4.1, 4.2.a, 4.2.b, 4.2.d, 8 and 9 of that directive to his satisfaction.

No person shall remove any animal from Customs temporary storage arrangements unless the certificate provided under paragraph (3) above has been provided to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by him, and except to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector.

Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provision of Regulation 21 below shall apply as they apply at a border inspection post.

Before exercising any of the powers in paragraph (1) above the veterinary inspector shall consult the importer or his representative.

If the animals are re-dispatched in accordance with paragraph (1)(c) above, the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.

In the event of a notice not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.

The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.

Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal he deems appropriate.

If the checks confirm that import conditions were not complied with then the provisions of Regulation 21 above shall apply as they apply at a border inspection post.

This regulation shall apply where the Minister learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC, or through any other means, the presence in any other state of a disease referred to in Schedule 4, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.

In the circumstances described in paragraph (1) above, the Minister may, for the purpose of preventing the introduction or spreading of disease into or within Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.

Upon such declaration being made, the entry into Great Britain of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it satisfies such conditions as may be specified in the declaration.

A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.

Subject to Regulation 10 above, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.

Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnerhsip shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.

A person guilty of an offence under Regulation 30(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.