2007 No. 3140 (W. 266)

ANIMALS, WALES

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.6) (Wales) Regulations 2007

Made6:45 p.m. on 31 October 2007

Laid before the National Assembly for Wales1 November 2007

Coming into force8 p.m. on 31 October 2007

The Welsh Ministers are designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the Common Agricultural Policy of the European Community.

The Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972.

PART 1General provisions

Title, application, commencement and cessation1.

These Regulations—

(a)

are entitled The Import and Export Restrictions (Foot-and-Mouth Disease) (No.6) (Wales) Regulations 2007;

(b)

apply in relation to Wales;

(c)

come into force at 8 p.m. on 31 October 2007; and

(d)

cease to have effect on 15 December 2007.

Interpretation2.

In these Regulations—

“approved” means approved for the purposes of these Regulations in accordance with regulation 18;

“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“the Decision” means Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom3;

“dispatch” means dispatch from a place within Great Britain to a place outside Great Britain and includes consigning for dispatch;

“export” includes consigning for export;

“inspector” means a person appointed as an inspector for the purposes of the Animal Health Act 19814 or the Animals and Animal Products (Import and Export) (Wales) Regulations 20065, or a person authorised by the Welsh Ministers, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (Wales) Regulations 20076 or the Products of Animal Origin (Import and Export) Regulations 19967;

“HACCP” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;

“local authority” means in relation to an area the council or county borough council for that area;

“official veterinarian” means a veterinarian who is qualified in accordance with Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption8 to act in such a capacity and is appointed by the Food Standards Agency; and

“slaughter”, in relation to an animal, means causing the death of the animal by bleeding.

PART 2Import and export restrictions

Import of live animals3.

No person may import any live animal of the bovine, ovine, caprine or porcine species or any other biungulate into Wales from another member State.

Dispatch and movement of live animals4.

(1)

No person may dispatch live animals of the bovine, ovine, caprine or porcine species or any other biungulates.

(2)

By way of derogation from paragraph (1), a person may export animals originating outside Great Britain if the animals travelled through Great Britain on main roads and railway lines and the requirements in paragraph (3) are complied with.

(3)

No person may export biungulate animals to another member State without the prior authorisation of the Welsh Ministers—

(a)

unless at least three days before export the Welsh Ministers has notified that member State; and

(b)

in the case of—

(i)

bovine, ovine, caprine or porcine animals, the health certificate accompanying the animals bears the following words—

“Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”; or

(ii)

other biungulates, the health certificate accompanying the animals bears the following words—

“Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(4)

No person may move any biungulate through Great Britain except on main roads or railway lines.

Export of fresh meat, minced meat, mechanically separated meat and meat preparations5.

(1)

No person may export meat from animals of the bovine, ovine, caprine or porcine species or other biungulates coming from Great Britain or obtained from animals originating in Great Britain.

(2)

In this regulation, “meat” includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 or 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin9.

(3)

The prohibition in paragraph (1) does not apply in relation to—

(a)

meat obtained before 15 July 2007;

(b)

meat derived from animals reared for at least 90 days prior to slaughter outside Great Britain and slaughtered outside Great Britain, or in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed outside Great Britain;

(c)

meat obtained from wild game—

(i)

that was killed in an area specified in the relevant column of Schedule 1 where there has been no outbreak of foot-and-mouth disease for at least the 90 days preceding the death, and is at least 20 km from the areas of Great Britain not specified in Schedule 1; and

(ii)

complies with paragraphs 2 and 3(c) of Schedule 2;

(d)

meat from domestic bovine, ovine, caprine or porcine animals or farmed game of a species susceptible to foot-and-mouth disease that complies with the conditions in Schedule 2, and is derived from an animal that—

(i)

was kept on holdings situated within the areas specified in the relevant columns of Schedule 1 where there has been no outbreak of foot-and-mouth disease for at least the 90 days prior to slaughter;

(ii)

during the 21 days prior to transport to the approved slaughterhouse, or in the case of farmed game prior to the date of on-farm slaughtering, remained under the supervision of the Welsh Ministers on a holding complying with Schedule 3;

(iii)

was transported to the approved slaughterhouse under the control of the Welsh Ministers in a means of transport that were cleaned and disinfected before loading at the holding described in sub-paragraph (d)(ii); and

(iv)

was slaughtered less than 24 hours after arrival at the approved slaughterhouse separately from animals the meat of which is not eligible for export; or

(e)

fresh meat obtained from an approved cutting plant situated in Great Britain if—

(i)

only fresh meat described in sub-paragraphs (a) to (d) is processed in the cutting plant in any one day;

(ii)

cleansing and disinfection has been carried out after processing any meat not described in sub-paragraphs (a) to (d);

(iii)

the cutting plant is operated under strict veterinary control; and

(iv)

the fresh meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.

(4)

Any person consigning an animal to a slaughterhouse to produce meat intended for export in accordance with sub-paragraph (3)(d) must provide a written declaration that it complies with each of the conditions contained in that paragraph and ensure that such declaration accompanies the animal consigned.

(5)

Meat specified in paragraph (3) intended for export must bear a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption10.

(6)

Meat specified in paragraph (3) intended for export to another member State must be accompanied by an official certificate produced by an official veterinarian which bears the following words—

“Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.

Marking meat not eligible for export6.

(1)

Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption11, or in accordance with Commission Decision 2001/304/EC on the marking and use of certain animal products12.

(2)

Fresh meat obtained from animals reared outside Great Britain and transported directly and under official control in sealed means of transport to an approved slaughterhouse situated in Great Britain, may be placed on the market in Wales if—

(a)

the meat is marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC or in accordance with Decision 2001/304/EC;

(b)

the slaughterhouse is operated under strict veterinary control; and

(c)

the meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.

Export of meat products7.

(1)

No person may export meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species or other biungulates coming from Great Britain or prepared using meat obtained from such animals originating in Great Britain.

(2)

The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products from Great Britain that are not eligible for export, provided that the meat products—

(a)

are clearly identified;

(b)

bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004; and

(c)

are made from meat—

(i)

described in regulation 5(3); or

(ii)

that have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC.

(3)

Meat products exported to another member State must be accompanied by an official certificate which bears the following words—

“Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(4)

Paragraph (3) does not apply to meat products that comply with paragraph (2) and have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14.

(5)

Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.

Export of milk8.

(1)

No person may export milk produced or prepared in Great Britain.

(2)

The prohibition in paragraph (1) does not apply to milk produced from animals kept in Great Britain 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 disease13, 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 Great Britain 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 Great Britain;

(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 from Great Britain not eligible for export; and

(d)

transport of raw milk from holdings situated outside Great Britain to the establishment in Great Britain is carried out in vehicles that were cleansed and disinfected prior to operation and had no subsequent contact with holdings in Great Britain keeping animals of species susceptible to foot-and-mouth disease.

(4)

Milk exported to another member State 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.

Export of dairy products9.

(1)

No person may export dairy products produced or prepared in Great Britain.

(2)

The prohibition in paragraph (1) does not apply to dairy products—

(a)

produced before 15 July 2007;

(b)

prepared from milk complying with the provisions in regulation 8(2) or (3); or

(c)

for export to a third country where import conditions permit such products to be subject to treatment other than laid down in regulation 8(2) which ensures the inactivation of the foot-and-mouth disease virus.

(3)

The prohibition in paragraph (1) does not apply to dairy products intended for human consumption—

(a)

that are finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations;

(b)

produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds; or

(c)

produced from raw milk of bovine, ovine or caprine animals (that have been resident for at least 30 days on a holding situated in Great Britain, and within the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to the date of production of the raw milk) and which has been subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.

(4)

The prohibition in paragraph (1) does not apply to—

(a)

dairy products prepared in an approved establishment situated in Great Britain if—

(i)

all milk used in the establishment either conforms to the conditions of regulation 8(2) or is obtained from animals outside Great Britain;

(ii)

all dairy products used in the final product either conform to the conditions of paragraphs (2)(a) or (b) or (3) of this regulation or are made from milk obtained from animals outside Great Britain;

(iii)

the establishment is operated under strict veterinary control; and

(iv)

the dairy products are clearly identified and transported and stored separately from milk and dairy products from Great Britain that are not eligible for export; or

(b)

dairy products prepared outside Great Britain using milk obtained before 15 July 2007 from Great Britain provided that the milk products are clearly identified and transported and stored separately from dairy products from Great Britain not eligible for export.

(5)

Dairy products exported to another member State must be accompanied by an official certificate which bears the following words—

“Dairy products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(6)

Paragraph (5) does not apply to milk products that comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

(7)

Paragraph (5) does not apply to dairy products that conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Export of semen, ova and embryos10.

(1)

No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.

(2)

The prohibition in paragraph (1) does not apply in relation to—

(a)

semen, ova or embryos produced before 15 July 2007;

(b)

frozen bovine semen imported into the United Kingdom in accordance with the conditions laid down in Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species14, which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos from Great Britain not eligible for export;

(c)

bovine embryos imported into the United Kingdom in accordance with the conditions laid down in Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species15, which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos from Great Britain not eligible for export;

(d)

porcine semen imported into the United Kingdom in accordance with the conditions laid down in 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 species16, which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos from Great Britain not eligible for export;

(e)

frozen ovine or caprine semen or frozen ovine or caprine embryos imported into the United Kingdom in accordance with the conditions laid down in Council Directive 92/65/EEC laying down the 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 rules17, which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos from Great Britain not eligible for export; or

(f)

frozen semen or embryos—

(i)

that are from bovine, ovine, caprine or porcine animals kept for at least 90 days prior to the date of collection on holdings within the areas specified in Schedule 1;

(ii)

that have been collected from donor animals kept in centres or on holdings which comply with Part I of Schedule 4; and

(iii)

that have been stored in accordance with Part II of Schedule 4 for a minimum period of 30 days following collection during which the centre or holding described in sub-paragraph (f)(ii) must have had no case of foot-and-mouth disease.

(3)

The health certificate accompanying frozen bovine semen exported to another member State must bear the following words—

“Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(4)

The health certificate accompanying bovine embryos exported to other member States must bear the following words—

“Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(5)

The health certificate accompanying ovine or caprine semen exported to other member States must bear the following words—

“Frozen ovine/caprine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(6)

The health certificate accompanying ovine or caprine embryos exported to other member States must bear the following words—

“Frozen ovine/caprine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(7)

The health certificate accompanying porcine semen exported to other member States must bear the following words—

“Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.

Export of hides and skins11.

(1)

No person may export hides or skins of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.

(2)

The prohibition in paragraph (1) does not apply in relation to hides and skins that—

(a)

were produced before 15 July 2007;

(b)

conform to the requirements of point (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption18; or

(c)

were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002 and since introduction into the United Kingdom have been transported separately from hides or skins from Great Britain not eligible for export,

provided that treated hides or skins are separated from untreated hides and skins.

(3)

Hides or skins exported to another member State must be accompanied by an official certificate which bears the following words:—

“Hides and skins conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.

(4)

Paragraph (3) does not apply to hides or skins which conform to the requirements of either—

(a)

points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002; or

(b)

points (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002,

if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 144.

Export of animal products12.

(1)

No person may export animal products of the bovine, ovine, caprine or porcine species or other biungulates not otherwise mentioned in these Regulations—

(a)

produced after 15 July 2007 in Great Britain; or

(b)

obtained from animals originating from Great Britain.

(2)

No person may export dung or manure from animals of the bovine, ovine, caprine or porcine species or other biungulates from Great Britain.

(3)

The prohibition in paragraph (1) does not apply in relation to—

(a)

animal products that—

(i)

have been subject to a heat treatment in a hermetically sealed container with a Fo value of 3,00 or more;

(ii)

have been subject to a heat treatment in which the centre temperature is raised to at least 70oC; or

(iii)

were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002, and which since introduction into the United Kingdom have been stored and transported separately from animal products from Great Britain not eligible for export;

(b)

blood or blood products—

(i)

as defined in points 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002, followed by an effectiveness check; or

(ii)

that have been imported in accordance with Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002;

(c)

lard or rendered fats which have been subjected to the heat treatment prescribed in point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002;

(d)

animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products19, which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;

(e)

sheep wool, ruminant hair or pigs' bristles, any of which has undergone factory washing or has been obtained from tanning;

(f)

sheep wool, ruminant hair or pigs' bristles, any of which has been securely enclosed in packaging and is dry;

(g)

petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002;

(h)

composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;

(i)

game trophies in accordance with points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002;

(j)

packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or

(k)

medicinal products as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use20, non-viable medical devices as defined in Article 1(5)(g) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices21, veterinary medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products22 and investigational medicinal products as defined in Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the conduct of clinical trials on medicinal products for human use23.

(4)

The animal products referred to in paragraph (3) for export to other member States must be accompanied by an official certificate which bears the following words—

“Animal products 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 products specified in paragraph (3)(a) to (d) or (g) that are accompanied by a commercial document stating that the products comply with the relevant requirements of paragraph 3(a) to (d) or (g) which is endorsed in accordance with regulation 14.

(6)

Paragraph (4) does not apply to products specified in paragraph (3)(e) or (f) that are accompanied by a commercial document stating—

(a)

that the products have undergone factory washing or have been obtained from tanning; or

(b)

that the products comply with the conditions laid down in points 1 and 4 of Part A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002.

(7)

Paragraph (4) does not apply to products specified in paragraph (3)(h) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 14.

(8)

Paragraph (4) does not apply to products specified in paragraph (3)(j) or (k) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medical products or medical devices, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only” or as “medical products” or as “medical devices”.

(9)

Paragraph (4) does not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts24 if they are accompanied by a commercial document which bears the following words:

“These composite products are shelf stable at ambient temperatures or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance so that any raw material is de-natured.”.

Exemptions13.

The prohibitions in regulations 7, 8, 9 and 12 do not apply in relation to—

(a)

products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and

(b)

products that are—

(i)

produced in an approved establishment in Great Britain from pre-processed products originating outside Great Britain which, since introduction into the United Kingdom have been transported, stored and processed separately from products from Great Britain not eligible for export; and

(ii)

accompanied by a commercial document or official certificate as required by these Regulations.

Endorsement of commercial documents14.

(1)

Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that—

(a)

the products concerned have been produced—

(i)

in a production process that has been audited and found to be in compliance with the appropriate requirements in Community animal health legislation and suitable to destroy the foot-and-mouth disease virus; or

(ii)

from pre-processed materials that have been certified accordingly; and

(b)

provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.

(2)

The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.

(3)

In the case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat or meat preparations, each of which is eligible for export in accordance with these Regulations, may be exported from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate that—

(a)

confirms that the establishment of export has in place a system to ensure that goods can only be exported if they are traceable to documentary evidence of compliance with these Regulations;

(b)

confirms that this system has been audited and found satisfactory;

(c)

refers to the Decision;

(d)

is valid for 30 days;

(e)

states the expiry date; and

(f)

is renewable only after the establishment had been audited with satisfactory results.

Duties of slaughterhouses and other establishments15.

(1)

If foot-and mouth disease is identified in a slaughterhouse, or approved holding on which farmed game are slaughtered, or a game-handling establishment, which handles meat controlled under these Regulations, the occupier must ensure that:

(a)

all animals present are slaughtered;

(b)

all meat and all dead animals are removed and disposed of in accordance with article 25(2) of the Foot-and-Mouth Disease (Wales) Order 200625;

(c)

the establishment is cleansed and disinfected under the supervision of the Welsh Ministers; and

(d)

no meat is prepared for consigning outside the areas listed in Schedule 1 for 24 hours following the completion of the cleansing and disinfection required by sub-paragraph (c).

(2)

If an animal that does not fulfil the requirements of regulation 5(3)(d) or paragraph 1(a) of Schedule 2 is slaughtered in any of the establishments referred to in paragraph (1), the occupier must ensure that:

(a)

all animals present are slaughtered;

(b)

the establishment is cleansed and disinfected under the supervision of the Welsh Ministers; and

(c)

no meat is prepared for consigning outside the areas listed in Schedule 1 until the completion of the cleansing and disinfection required by sub-paragraph (b).

Personal exports16.

No person travelling out of Wales may take with them in their personal luggage or on any other non-commercial basis any product to which these Regulations apply.

Offers to dispatch or export17.

No person may offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.

PART 3Administration and enforcement

Approvals18.

(1)

The Welsh Ministers or a local authority may approve establishments, slaughterhouses or cutting plants for the purposes of these Regulations if satisfied that the occupier will comply with the conditions of these Regulations.

(2)

Any approval must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Welsh Ministers (or in the case of an approval granted by the local authority, that local authority) is reasonably of the opinion that the provisions of these Regulations or any conditions of approval are not being complied with.

Powers of inspectors19.

(1)

An inspector may, on producing, if required to do so, some duly authenticated document showing his or her authority, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.

(2)

An inspector may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may—

(a)

detain any vehicle, vessel, container or anything which he or she reasonably suspects to contain animals or products controlled by these Regulations and intended for export for as long as is reasonably necessary to determine whether the consignment complies with the conditions for export;

(b)

search any premises;

(c)

carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

(d)

examine documentary or data processing material relevant to the checks carried out under these Regulations, including any import or export manifest; and

(e)

take with him or her a representative of the European Commission acting for the purposes of the Decision.

Powers of officers of Revenue and Customs20.

An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he or she reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.

Illegal consignments of products21.

(1)

This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.

(2)

The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.

(3)

If he or she seizes it he or she must inform the person appearing to him or her to be in charge of the consignment of his or her intention to have it dealt with by a justice of the peace, and—

(a)

any person who might be liable for prosecution under these Regulations in relation to the export must, if he or she attends before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and

(b)

the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.

(4)

If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations he or she must, unless he or she is satisfied that the consignment can be returned to the owner without risk of a further attempt to export it in contravention of these Regulations, order that the consignment must be destroyed or otherwise disposed of so as to prevent it from being despatched.

(5)

When under the preceding paragraph a justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.

Obstruction22.

No person is to—

(a)

intentionally obstruct any person acting in the execution of these Regulations;

(b)

without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his or her functions under these Regulations; or

(c)

furnish to any person acting in the execution of these Regulations any information which he or she knows to be false or misleading.

Offences by bodies corporate23.

(1)

Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)

any director, manager, secretary or other similar officer of the body corporate, or

(b)

any person who was purporting to act in any such capacity,

he or she as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2)

For the purposes of this regulation, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Penalties24.

A person contravening any provision of these Regulations is guilty of an offence and liable—

(a)

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

(b)

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

Authorisations, certificates, etc. issued in another part of the United Kingdom25.

(1)

Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Welsh Ministers in Wales, an equivalent document issued in another part of the United Kingdom by the relevant competent authority is valid.

(2)

Where these Regulations require anything to be done in approved establishments or cutting plants in Wales, anything done in premises approved for those purposes in another part of the United Kingdom is to be treated as if it had been processed in approved premises in Wales.

Sharing information26.

(1)

The Welsh Ministers, the Commissioners and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.

(2)

Paragraph (1) is without prejudice to any other power of the Welsh Ministers, the Commissioners or any local authority to disclose information.

(3)

No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if—

(a)

the information relates to a person whose identity—

(i)

is specified in the disclosure; or

(ii)

can be deduced from the disclosure;

(b)

the disclosure is for a purpose other than the purposes of these Regulations; and

(c)

the Commissioners have not given their prior consent to the disclosure.

Enforcement27.

These Regulations must be enforced by the Welsh Ministers or the local authority.

Revocations28.

The Import and Export Restrictions (Foot-And-Mouth Disease) (No.5) (Wales) Regulations 200726 are revoked.

Jane Hutt

Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

6:45pm 31 October 2007

SCHEDULE 1Areas from which meat exports may be authorised

Regulation 5

1	2	3	4	5	6	7	8
GROUP	ADNS(1)	Administrative Unit	B(2)	S/G(3)	P(4)	FG(5)	WG(6)
Scottish Islands	131	Shetland Islands	+	+	+	+	+
	123	Orkney Islands	+	+	+	+	+
	124	NA H-Eileanan An Iar	+	+	+	+	+
Scotland	121	Highland	+	+	+	+
	122	Moray	+	+	+	+
	126	Aberdeenshire	+	+	+	+
	128	Aberdeen City	+	+	+	+
	79	Angus	+	+	+	+
	81	Dundee City	+	+	+	+
	80	Clackmannanshire	+	+	+	+
	90	Perth & Kinross	+	+	+	+
	127	Fife	+	+	+	+
	85	Falkirk	+	+	+	+
	88	Midlothian	+	+	+	+
	96	West Lothian	+	+	+	+
	129	City of Edin burgh	+	+	+	+
	130	East Lothian	+	+	+	+
	92	Scottish Borders	+	+	+	+
	94	Stirling	+	+	+	+
	125	Argyll and Bute	+	+	+	+
	83	East Dunbartonshire	+	+	+	+
	84	East Renfrewshire	+	+	+	+
	86	City of Glasgow	+	+	+	+
	87	Inverclyde	+	+	+	+
	89	North Lanarkshire	+	+	+	+
	91	Renfrewshire	+	+	+	+
	93	South Lanarkshire	+	+	+	+
	95	West Dunbartonshire	+	+	+	+
	82	East Ayrshire	+	+	+	+
	132	North Ayrshire	+	+	+	+
	133	South Ayrshire	+	+	+	+
	134	Dumfries & Galloway	+	+	+	+
England	141	Cumbria	+	+	+	+
	169	Northumberland	+	+	+	+
	10	Gateshead	+	+	+	+
	16	Newcastle upon Tyne	+	+	+	+
	17	North Tyneside	+	+	+	+
	26	South Tyneside	+	+	+	+
	29	Sunderland	+	+	+	+
	144	Durham	+	+	+	+
	52	Darlington	+	+	+	+
	55	Hartlepool	+	+	+	+
	58	Middlesbrough	+	+	+	+
	64	Redcar and Cleveland	+	+	+	+
	69	Stockton-on-Tees	+	+	+	+
	151	Lancashire	+	+	+	+
	38	Blackburn with Darwen	+	+	+	+
	39	Blackpool	+	+	+	+
	176	North Yorkshire excluding Selby	+	+	+	+
	177	Selby District	+	+	+	+
	78	York	+	+	+	+
	53	East Riding of Yorkshire	+	+	+	+
	45	City of Kingston upon Hull	+	+	+	+
	60	North East Lincolnshire	+	+	+	+
	61	North Lincolnshire	+	+	+	+
		West Yorkshire consisting of:
	32	Wakefield District	+	+	+	+
	11	Kirklees District	+	+	+	+
	6	Calderdale District	+	+	+	+
	4	Bradford	+	+	+	+
	13	Leeds	+	+	+	+
		South Yorkshire consisting of
	1	Barnsley District	+	+	+	+
	8	Doncaster District	+	+	+	+
	20	Rotherham District	+	+	+	+
	24	Sheffield District	+	+	+	+
		Greater Manchester consisting of:
	30	Tameside District	+	+	+	+
	18	Oldham District	+	+	+	+
	19	Rochdale District	+	+	+	+
	5	Bury District	+	+	+	+
	3	Bolton District	+	+	+	+
	21	Salford District	+	+	+	+
	31	Trafford District	+	+	+	+
	15	Manchester District	+	+	+	+
	27	Stockport District	+	+	+	+
	34	Wigan District	+	+	+	+
		Merseyside consisting of:
	12	Knowsley District	+	+	+	+
	14	Liverpool District	+	+	+	+
	23	Sefton District	+	+	+	+
	28	St. Helens District	+	+	+	+
	74	Warrington	+	+	+	+
	140	Cheshire County	+	+	+	+
	54	Halton	+	+	+	+
	35	Wirral District	+	+	+	+
	142	Derbyshire County	+	+	+	+
	44	City of Derby	+	+	+	+
	157	Nottinghamshire County	+	+	+	+
	47	City of Nottingham	+	+	+	+
	153	Lincolnshire	+	+	+	+
	159	Shropshire	+	+	+	+
	71	Telford and Wrekin	+	+	+	+
	161	Staffordshire County	+	+	+	+
	50	City of Stoke-on-Trent	+	+	+	+
	170	Devon County	+	+	+	+
	73	Torbay	+	+	+	+
	136	Plymouth	+	+	+	+
	171	Cornwall County	+	+	+	+
	143	Dorset County	+	+	+
	62	Poole	+	+	+
	40	Bournemouth	+	+	+
	160	Somerset County	+	+	+
	120	North Somerset	+	+	+
	37	Bath and North East Somerset	+	+	+
	43	City of Bristol	+	+	+
	68	South Gloucestershire	+	+	+
	51	Herefordshire	+	+	+
	167	Worcestershire County	+	+	+
	9	Dudley District	+	+	+
	2	Birmingham District	+	+	+
	22	Sandwell District	+	+	+
	36	Wolverhampton District	+	+	+
	33	Walsall District	+	+	+
	25	Solihull District	+	+	+
	7	Coventry District	+	+	+
	152	Leicestershire County	+	+	+
	46	City of Leicester	+	+	+
	65	Rutland	+	+	+
	48	City of Peterborough	+	+	+
	154	Norfolk County	+	+	+
	162	Suffolk County	+	+	+
	172	Isles of Scilly	+	+	+	+
	114	Isle of Wight	+	+	+	+
Wales	115	Sir Ynys Mon — Isle of Anglesey	+	+	+	+
	116	Gwynedd	+	+	+	+
	103	Conwy	+	+	+	+
	108	Sir Ddinbych-Denbigshire	+	+	+	+
	111	Sir Y Fflint-Flintshire	+	+	+	+
	113	Wrecsam-Wrexham	+	+	+	+
	173	North Powys	+	+	+	+
	174	South Powys	+	+	+	+
	118	Sir Ceredigion-Ceredigion	+	+	+	+
	110	Sir Gaerfyrddin -Carmarthen	+	+	+	+
	119	Sir Benfro-Pembrokeshire	+	+	+	+
	97	Abertawe-Swansea	+	+	+	+
	102	Castell-Nedd Port Talbot— Neath Port Talbot	+	+	+	+
	105	Pen-y-Bont Ar Ogwr — Bridgend	+	+	+	+
	107	Rhondda/Cynon/Taf	+	+	+	+
	99	Bro Morgannwg— The Vale of Glamorgan	+	+	+	+
	98	Blaenau Gwent	+	+	+	+
	112	Tor-Faen — Tor Faen	+	+	+	+
	101	Casnewydd — Newport	+	+	+	+
	104	Merthyr Tudful-Merthyr Tydfil	+	+	+	+
	100	Caerffili — Caerphilly	+	+	+	+
	117	Caerdydd — Cardiff	+	+	+	+
	109	Sir Fynwy — Monmouthshire	+	+	+	+

(1)

ADNS means the Animal Disease Notification System set up by Commission Decision 2005/176 of 1 March 2005 laying down a codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC27

(2)

B means bovine meat

(3)

S/G means sheep or goat meat

(4)

P means pig meat

(5)

FG means farmed game of species susceptible to foot-and-mouth disease

(6)

WG means wild game of species susceptible to foot-and-mouth disease

SCHEDULE 2Additional requirements for meat

Regulation 5

1.

Where the meat is from bovine, ovine, caprine or porcine animals or farmed game it must have been—

(a)

transported to the approved slaughterhouse without any contact with a holding situated in the areas specified in Schedule 1; and

(b)

obtained in an approved slaughterhouse, not situated in Surrey.

2.

The meat must at all times be clearly identified, handled, stored and transported separately from meat not eligible for export.

3.

The meat must be inspected, along with the animal from which it derived, post-mortem by an official veterinarian—

(a)

in the slaughterhouse;

(b)

in the case of on-farm slaughtering of farmed game, on the holding; or

(c)

in the case of wild game, at the game-handling establishment,

with no clinical signs or evidence of foot-and-mouth disease identified.

4.

The meat must remain in the slaughterhouse for at least 24 hours after the post-mortem inspection described in paragraph 3.

SCHEDULE 3Holding from which an animal may be transported for slaughter

Regulation 5

1.

The holding must be situated in the centre of a circle of at least 10 km radius in which there was no outbreak of foot-and-mouth disease during at least the 30 days prior to transport.

2.

The holding must have had no animal of a species susceptible to foot-and-mouth disease introduced into it, during the 21 days prior to transport to slaughter of any animal in the holding susceptible to foot-and mouth disease (except in the case of pigs, in which case the period of 21 days may be reduced to 7 days), unless such animal—

(a)

complies with the conditions in regulation 5(3)(d)(i) and was under the supervision of the Welsh Ministers on a single holding complying with paragraph (1), during the 21 days prior to its transport;

(b)

obtained negative results in a test for antibodies against the foot-and-mouth disease virus carried out on a blood sample taken by a local veterinary inspector within 10 days prior to the date of transport to the holding; or

(c)

comes from a holding that obtained negative results in a serological survey pursuant to a sampling protocol suitable to detect 5% prevalence of foot-and-mouth disease with at least a 95% level of confidence.

SCHEDULE 4Semen and Embryos

Regulation 5

PART 1Centres or holdings from which semen or embryos may be collected

1.

The centre or holding must have been free from foot-and mouth disease for at least three months prior to the date of collection of the semen or embryos.

2.

It must be situated in the centre of an area of 10 km radius in which there has been no case of foot-and-mouth disease for at least the 30 days prior to the date of collection.

PART 2Storage conditions for frozen semen and embryos

1.

Frozen bovine embryos must have been stored in accordance with the Bovine Embryo (Collection, Production and Transfer) Regulations 199528.

2.

Frozen porcine semen must have been stored in accordance with Chapters I and II of Annex A of 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 species29.

3.

Frozen porcine embryos must have been stored in accordance with Chapter III of Annex D of Council Directive 92/65/EEC.

4.

Frozen ovine or caprine semen must have been stored in accordance with Chapters I and III of Annex D of Council Directive 92/65/EEC.

5.

Frozen ovine or caprine embryos must have been stored in accordance with Chapter III of Annex D of Council Directive 92/65/EEC.

(This note is not part of the Regulations)

These Regulations revoke and re-make with amendments the Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) (Wales) Regulations 2007. The Regulations implement Commission Decision 2007/709/EC amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom. Decision 2007/709/EC further extends the categories of, and areas from which, meat may be exported.

They regulate—

(a)

the importation and dispatch of live animals (regulations 3 and 4);

(b)

the export of meat from bovine, ovine caprine and porcine animals and other biungulates, (regulation 5);

(c)

the marking of meat not eligible for export (regulation 6);

(d)

the export of meat products, milk and dairy products (regulations 7, 8 and 9);

(e)

the export of semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates (regulation 10), hides and skins (regulation 11) and various animal products (regulation 12); and

(f)

personal exports (regulation 16).

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 17).

They provide powers for enforcement, and powers for officers of Revenue and Customs (regulations 19 to 21) and create an offence of obstruction (regulation 22).

Breach of the Regulations is an offence, punishable with up to two years' imprisonment.

The Regulations are enforced by the Welsh Ministers or the local authority (regulation 27).

A regulatory impact assessment has not been prepared for these Regulations.