8.—(1) No person may export milk produced or prepared in the areas specified in Schedule 1.
(2) The prohibition in paragraph (1) does not apply to milk produced from animals kept in the areas specified in Schedule 1 that has been subjected to at least a treatment in accordance with—
(a)Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease(1), if the milk is intended for human consumption; or
(b)Part B of Annex IX to Directive 2003/85/EC, if the milk is not intended for human consumption.
(3) The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in an area specified in Schedule 1 under the following conditions—
(a)all milk used in the establishment has either—
(i)been treated in accordance with paragraph (2); or
(ii)has been obtained from animals reared and milked outside the areas specified in Schedule 1;
(b)the establishment must be operated under strict veterinary control;
(c)the milk is clearly identified and transported and stored separately from milk and dairy products not eligible for export; and
(d)transport of raw milk from premises situated outside the areas specified in Schedule 1 to the establishments in the areas specified in Schedule 1 is carried out in vehicles that were cleansed and disinfected prior to operation and had no subsequent contact with premises in the areas specified in Schedule 1 keeping animals of species susceptible to foot-and-mouth disease.
(4) Milk exported to another member State from Wales must be accompanied by an official certificate which bears the following words—
“Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
(5) Paragraph (4) does not apply to milk that complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
(6) Paragraph (4) does not apply to milk that conforms with the requirements of paragraph (2)(a) or (b) and that has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
OJ No. L306, 22.11.2003, p. 1 as last amended by Directive 2006/104/EC.