The Animals and Animal Products (Import and Export) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with changes the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (S.I. 2000/1673).

They implement 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 internal market) (OJ No. L224, 18.8.90, p. 29) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) (OJ No. L268, 24.9.91, p. 56).

They continue to include the following provisions:

With respect to intra-Community trade, the Regulations make it an offence to export, import or transport for intra-Community trade any animal or animal product to which Directive 90/425/EEC applies except in accordance with that Directive (regulations 5, 6 and 7). The Regulations also set out the procedure and requirements for the registration of dealers in animals and animal products (regulation 8), the approval of centres and teams engaging in intra-Community trade in animals and animal products (regulation 9), and the approval of assembly centres (regulation 12). They place duties on consignees of animals and animal products (regulation 11), and specify the procedure to be followed in the case of illegal consignments (regulation 13). They give to inspectors the powers of inspection and examination specified in Directive 90/425/EEC, together with the necessary powers of entry (regulations 10 and 29).

With respect to the importation of animals from third countries, the Regulations prohibit the importation of any animal unless the conditions of Council Directive 91/496/EEC are complied with (regulation 16). They specify the places at which animals may be imported (regulation 17), and the procedure for importation (regulation 18), provide for the payment of fees (regulation 19) and the procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal (regulations 20 and 21) and specify that, at the place of destination, animals for breeding and production may not be released until authorised by an authorised officer of the Secretary of State (regulation 22).

The Regulations also give powers to the Secretary of State to take action in the event of an outbreak of disease in another state (regulation 27) and make provision for the notification of decisions, powers of entry and penalties.

Changes from the previous legislation

With respect to intra-Community trade, these Regulations include new provisions at regulation 6(2) (requirements for animals travelling to their place of destination or transiting England), regulation 6(3) (requirements for animals imported for slaughter which are taken to an assembly centre), regulation 6(4) (power for an inspector to enforce the requirements in regulation 6(3)), and regulation 6(5) (requirement for animals imported for slaughter to be taken directly and without undue delay to a slaughterhouse). They also require dealers in sheep and goats to comply with the provisions in Part III of Schedule 3 (in accordance with Commission Decision 2003/483/EC) (OJ No. L162, 1.7.2003, p. 72) (regulation 8(1)). The record-keeping requirements at assembly centres now also apply in the case of sheep and goats (regulation 12(4)(b)(i) and (ii)).

With respect to the importation of animals from third countries, these Regulations include a new provision at regulation 16(4) (requirement for animals imported for slaughter to be taken directly and without undue delay to a slaughterhouse).

Schedules 2 to 5 have been updated in order to implement Community instruments that have come into force since the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 were last amended (including 4 instruments in Part I of Schedule 3 that apply as from 1st May 2004). The Regulations also implement as from 1st May 2004 the amendments made to Community instruments by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p. 33).

A regulatory impact assessment has not been prepared for these Regulations.