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Regulation 4

SCHEDULE 3E+W+S+NIIntra-Community trade: legislation and additional requirements

PART IE+W+S+NILEGISLATION IN RELATION TO INTRA-COMMUNITY TRADE

Bovine animals and swineE+W+S+NI

1.  Instrument: Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (OJ No. L109, 25.4.97, p. 1), and as subsequently amended by—E+W+S+NI

Bovine semenE+W+S+NI

2.  Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (OJ No. L194, 22.7.88, p. 10), as amended by, and as read with—E+W+S+NI

Bovine embryosE+W+S+NI

3.  Instrument: 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 species (OJ No. L302, 19.10.89, p. 1), as amended by, and as read with—E+W+S+NI

EquidaeE+W+S+NI

4.  Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with—E+W+S+NI

Porcine SemenE+W+S+NI

5.  Instrument: 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 species (OJ No. L224, 18.8.90, p. 62) and Commission Decision 99/608/EC (OJ No. L242, 14.9.99, p. 20), as amended by, and as read with—E+W+S+NI

Poultry and hatching eggsE+W+S+NI

6.  Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ No. L303, 31.10.90, p. 6), as amended by, and as read with—E+W+S+NI

Animal wasteE+W+S+NI

7.  Instrument: Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption (OJ No. L273, 10.10.2002, p. 1), as amended by, and as read with—E+W+S+NI

FishE+W+S+NI

Farmed fishE+W+S+NI

8.—(1) Instrument: Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No. L46, 19.2.91, p. 1), as amended by, and as read with—

Fish other than farmed fishE+W+S+NI

(2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (OJ No. L268, 24.9.91, p. 15), as amended by, and as read with—

Live Bivalve molluscsE+W+S+NI

(3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (OJ No. L268, 24.9.91, p. 1), as amended by, and as read with—

Ovine and caprine animalsE+W+S+NI

9.  Instrument: Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ No. L46, 19.2.91, p. 19) as amended by, and as read with—E+W+S+NI

Other animals, semen, ova and embryosE+W+S+NI

10.  Instrument: 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/EEC (OJ No. L268, 14.9.92, p. 54), as amended by, and as read with—E+W+S+NI

PathogensE+W+S+NI

11.  Instrument: 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/EEC (OJ No. L62, 15.3.93, p. 49) as amended by, and as read with—E+W+S+NI

Pure-bred animals of the bovine speciesE+W+S+NI

12.  Instrument: Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ No. L206, 12.8.1977, p. 8), as amended by, and as read with—E+W+S+NI

Breeding animals of the porcine speciesE+W+S+NI

13.  Instrument: Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (OJ No. L382, 31.12.1988, p. 36), as amended by, and as read with—E+W+S+NI

Pure-bred breeding sheep and goatsE+W+S+NI

14.  Instrument: Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (OJ No. L153, 6.6.1989, p. 30), as amended by, and as read with—E+W+S+NI

EquidaeE+W+S+NI

15.  Instrument: Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ No. L224, 18.8.90, p. 55), as amended by, and as read with—E+W+S+NI

PART IIE+W+S+NIADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF CATTLE, PIGS, SHEEP AND GOATS

1.  Any person transporting cattle, pigs, sheep or goats in intra-Community trade shall do so in accordance with this Part.E+W+S+NI

2.  He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall preserve that information in the register for at least three years—E+W+S+NI

(a)places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b)places and dates of delivery, and the name or business name and address of the consignee;

(c)species and number of animals carried;

(d)date and place of disinfection; and

(e)the unique identifying number of accompanying health certificates.

3.  He shall ensure that the means of transport is constructed in such a way that animal faeces, litter or feed cannot leak or fall out of the vehicle.E+W+S+NI

(a)He shall give a written undertaking to the Secretary of State stating that —

(i)in the case of cattle or pigs, Council Directive 64/432/EEC, and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(ii)in the case of sheep or goats, Council Directive 91/68/EEC, and in particular the provisions laid down in Article 8c of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(b)that the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

PART IIIE+W+S+NIADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE, PIGS, SHEEP AND GOATS

1.  Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade shall comply with the provisions of this Part.E+W+S+NI

2.—(1) The dealer shall—E+W+S+NI

(a)be approved by the Secretary of State under this paragraph; and

(b)be registered with, and have a registration number issued by, the Secretary of State.

(2) The Secretary of State shall only issue an approval under this paragraph if satisfied that the dealer will comply with the provisions of this Part and, in the case of a dealer in sheep or goats, that the dealer has agreed to comply with the requirements for the operation of his premises which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the premises are capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.

3.  The dealer shall ensure that he only imports or exports animals that are identified and meet the requirements of Community law for intra-Community trade and, in the case of cattle, come from herds that are officially free of tuberculosis, brucellosis and leucosis, or are slaughter animals meeting the requirements of Article 6(3), or, if slaughter animals under a disease control programme, the requirements of Article 13(1)(a), of Council Directive 64/432/EEC.E+W+S+NI

4.  The dealer shall keep a record for all cattle, pigs, sheep and goats which he imports or exports, either on the basis of identification numbers or marks on the animals, and preserve the record for at least three years, of––E+W+S+NI

(a)the name and address of the seller;

(b)the origin of the animals;

(c)the date of purchase;

(d)the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats;

(e)the registration number of the holding of origin or the herd of origin of pigs;

(f)the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable);

(g)the registration number of the transporter or the licence number of the vehicle delivering and collecting animals;

(h)the name and address of the buyer and the destination of the animals; and

(i)copies of route plans and numbers of health certificates.

5.  In the case of a dealer who keeps cattle, pigs, sheep or goats on his premises he shall ensure that––E+W+S+NI

(a)specific training in the care and welfare of animals is given to the staff in charge of the animals; and

(b)all necessary steps are taken to prevent the spread of disease.

6.—(1) The dealer shall only use premises approved for the purpose by the Secretary of State under this paragraph and which, in the case of a dealer in sheep and goats, are specified in an operational agreement created pursuant to paragraph 2(2).E+W+S+NI

(2) The Secretary of State shall issue an approval number for premises approved under this paragraph.

(3) The Secretary of State shall only issue an approval under this paragraph if satisfied that the premises comply with, in the case of a dealer in cattle or pigs, Article 13(2) of Council Directive 64/432/EEC or, in the case of a dealer in sheep and goats, Article 8b(2) of Council Directive 91/68/EEC.

(1)

OJ No. L16, 25.1.93, p. 18.

(2)

OJ No. L293, 9.11.2005, p. 28.

(3)

OJ No. L337, 22.12.2005, p. 60.

(4)

A corrigendum has been published in OJ No. L226, 25.06.2004, p. 128