The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 11) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, implement Commission Decision 2001/763/EC, which amended Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom. They revoke and replace the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 10) Regulations 2001 (S. I. 2001/3459 (W.279)) and the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 10) (Fees) Regulations 2001 (S. I. 2001/3511 (W.282)). (regulation 7).

They regulate—

• · the import and export of live animals (regulation 4)

• · the export of fresh meat (including minced meat and meat preparations) from bovine, ovine caprine and porcine animals, and provide that meat from porcine and bovine animals from certain counties (including animals raised in some counties in Scotland and England) can be exported subject to conditions (regulation 5 and the Schedule). The names of former counties are included because they are referred to in the Commission Decision.

• · the export of meat products, milk, milk products (regulations 6, 7 and 8)

• · the export of semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates (regulation 9), hides and skins (regulation 10) and various animal products (regulation 11)

• · the export of equidae (regulation 15).

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 16).

They provide for the charging of fees in relation to supervision and inspection (regulation 20).

They provide powers for enforcement, and powers for officers of HM Customs and Excise (regulations 17, 18 and 19) and create an offence of obstruction (regulation 21).

Breach of the Regulations is an offence. In the case of obstruction, the maximum penalty on summary conviction is a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both. A person guilty of any other offence under these Regulations is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

The Regulations are enforced by local authorities (regulation 26).