(This note is not part of the Regulations)
These Regulations revoke and re-make with changes the Animals and Animal Products (Import and Export) (England) Regulations 2005 (S.I. 2005/2002) (“the 2005 Regulations”).
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—
Intra-Community trade
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 the provisions of regulations 5, 6 and 7 which give effect to the veterinary check and transport requirements for such trade under Directive 90/425/EEC. Part I of Schedule 3 lists individual instruments governing trade of specific types, identifying relevant provisions and specifying any additional requirements which must be complied with pursuant to regulations 5 and 6.
These Regulations provide a statutory basis for the Poultry Health Scheme, which is a means of approving and monitoring poultry establishments engaging in intra-Community trade of poultry and hatching eggs. The approval and monitoring of such establishments is a requirement of Council Directive 90/539/EEC. Regulation 5(5) prohibits exports unless the commodities originate from an establishment which is a member of the Poultry Health Scheme and conforms to the requirements of Directive 90/539/EEC. Schedule 4 sets out how the fees for membership and registration are calculated and provides for re-inspection fees. It also provides for powers for suspension or revocation of membership under specified circumstances.
The Regulations set out the procedures and requirements for the registration of dealers in animals and animal products (regulation 8), and the approval of centres and teams engaging in intra-Community trade in animals and animal products (regulation 9). Regulation 9, with Schedule 5, provides for approval of laboratories to carry out specified poultry health tests. Powers in regulation 10 provide for checks on intra-community trade at the place of destination as required under Directive 90/425. The Regulations also place duties on consignees of animals and animal products (regulation 11), and provide for the approval of assembly centres (regulation 12). They specify the procedure to be followed in the case of illegal consignments (regulation 13).
Imports from third countries
These Regulations prohibit the importation of any animal from a third country unless the conditions of Council Directive 91/496/EEC are complied with and the relevant provisions of numerous EU instruments, and any additional requirements, identified in Part II of Schedule 7 are complied with (regulation 16). Regulation 16, with Part I of Schedule 7 prescribes the third countries from which animals may be imported. Regulation 17, with Schedule 2, specifies the places at which animals may be imported through Border Inspection Posts. The procedure for importation is provided for in regulation 18, and the payment of fees in that connection at regulation 20. Procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal are set out in regulations 21 and 22. Regulation 23 requires that, at the place of destination, certain animals (elephants and other Artiodactyla) may not be released until authorised by an authorised officer of the Secretary of State. Post-import controls are provided for in regulation 24.
Part 4 makes provision for imports from third countries which undergo the requisite veterinary border checks on arrival at another member State.
General provisions
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 28) and make provision for the notification of decisions (regulation 29), inspectors' powers of entry (regulation 30) and the recovery of expenses (regulation 31). Obstruction of any person acting in the execution of the Regulations is made an offence (regulation 32), and it is an offence under regulation 34 to contravene the Regulations (excepting certain fees provisions). Penalties are provided for (regulation 34). Disapplication of other legislation relating to the import of animals continues to be provided for (regulation 35, with Schedule 9). Regulation 35 contains transitional provisions (with Part IV of Schedule 8). The revocation of the 2005 Regulations is provided for at regulation 36.
New provisions are included to implement (for the first time in these Regulations), Commission Decision 2000/666/EC (OJ No. L 278, 31.10.2000, p. 26), in relation to imports of captive birds. Schedules 3 and 7 have also been revised and updated in order to bring the implementation of Community instruments up-to-date at the time of making.
Imports of captive birds from third countries
A new regulation 19 has been inserted to provide for the arrangements for quarantine of captive birds imported from third countries, as required under Commission Decision 2000/666/EC. Specific requirements are imposed on quarantine managers as to the running of quarantine centres and facilities under regulation 19(2) and Part II of Schedule 8, and there are general prohibitions applying to any persons in respect of entry to a quarantine centre or facility, and removal of birds and carcases from quarantine without the authorisation of a veterinary inspector. Regulation 19 also gives inspectors supplementary powers of entry, and powers of inspection and sampling, and provides for the Veterinary Laboratories Agency (an executive agency of Defra) to act as the official laboratory and make charges for laboratory testing carried out in connection with Commission Decision 2000/666/EC as set out in Part III to Schedule 8.
Regulations 16, 18 and 21 (previously regulation 20) have been amended to reflect the implementation in these Regulations of Commission Decision 2000/666/EC, in particular, the provisions now in regulation 21(2) to (4) prescribing the measures which must be taken when avian influenza, Newcastle disease or Chlamydia psittaci is found in an imported captive bird at a quarantine centre or facility.
Transitional arrangements are provided for in regulation 35 and Part IV of Schedule 8 in respect of quarantine approvals currently held by avian quarantine centres or facilities and captive bird imports generally. Such imports are currently subject of a temporary ban pursuant to EU legislation. Regulation 16(4) provides that regulation 16(2) and (3), as read with relevant parts of Schedule 7, shall not apply to permit the import of captive birds from third countries until 1st August 2006, when the EU ban is due to be lifted. The disapplication provisions in regulation 35 have been revised to reflect disapplication of the Importation of Birds, Poultry and Hatching Eggs Order 1979 (SI 1979/1702) in relation to imports of captive birds from third countries.
Changes to lists of instruments and “additional requirements” in Schedules 3 and 7
The changes made to Part I of Schedule 3 are in paragraphs 1, 6, 7, 8(1), 9 and 10. The “additional requirement” (d) in paragraph 1, now specifically identifies special conditions on exports of cattle to Germany, Denmark, Italy, Austria, Finland and Sweden.
New paragraphs have been added to Part I of Schedule 7 in relation to the countries from which imports are permitted of bees, captive birds, and cats, dogs and ferrets going to approved bodies, institutes or centres. The list in that Part for cloven hoofed animals, elephants and zoo ungulates has also been described more completely and it and the list for finfish have both been updated.
In Part II of Schedule 7, paragraphs 1, 2, 3(4) (previously paragraph 6), 5 (previously paragraph 10), 8 (previously paragraph 11), and 10 (previously paragraph 13) have also been revised and updated. New paragraphs list instruments covering trade in bees, captive birds and cats, dogs and ferrets going to approved bodies, institutes or centres. The repeal of Council Directive 72/462/EEC has necessitated removal of paragraph 1 from Part II of Schedule 7 of the revoked 2005 Regulations. A new paragraph (now paragraph 2) further implements Council Directive 2004/68/EC, in relation to zoo ungulates (aspects of the Directive having been implemented in the 2005 Regulations).
No regulatory impact assessment has been produced for these Regulations as the impact on businesses is considered to be minimal.