The Import and Export Restrictions (Foot-And-Mouth Disease) (No. 2) (Wales) Regulations 2001

Explanatory Note

(This Note is not part of the Regulations)

These Regulations implement in Wales restrictions on imports and exports of certain animals and animal products in accordance with Commission Decision 2001/190/EC of 6th March 2001 amending Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (OJ No. L67, 9.3.2001, p.88).

They revoke the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2001, S. I. 2001/659 (W.34).

They prohibit the import and export of specified live animals (regulation 3) and restrict the export of fresh meat, meat products, milk, milk products, semen and embryos from biungulate animals, hides and skins, and animal products (regulations 4 to 10). The restrictions differ from those in S. I. 2001/659 (which these Regulations replace) in that the veterinary certificate required for the export of these products can in some circumstances be replaced by a commercial certificate, suitably endorsed in accordance with regulations 12.

The Regulations also permit for the first time certain products in transit, and products made from pre-processed products originating outside the United Kingdom (regulation 11).

They require a certification for exports to third countries as well as to other member States (regulation 13).

They give inspectors appointed by the Minister of Agriculture, Fisheries and Food powers to enter premises and carry out examinations (regulation 14). They empower Customs officers to stop and detain vehicles and vessels pending examination by an inspector (regulation 15) and introduce a notice procedure whereby an inspector can prohibit export of a consignment if he is not satisfied that products comply with these Regulations (regulation 16).

Obstruction is an offence (regulation 17) and company directors and others can be punished for an offence by a body corporate (regulation 18).

Breach of the regulations is, under regulation 19, punishable —

(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.

Certificates issued in England or Northern Ireland, or in Scotland, are valid under these Regulations (regulation 20).

The regs are enforced in Wales by the Minister or the local authority (regulation 21).