The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 No. 1158 (W.75)

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Statutory Instruments made by the National Assembly for Wales

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STATUTORY INSTRUMENTS

2005 No. 1158 (W.75)
ANIMALS, WALES
ANIMAL HEALTH
The Animals and Animal Products (Import and Export) (Wales) Regulations 2005

	Made	12 April 2005
	Coming into force	30 April 2005

The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by that section, makes the following Regulations -

PART 1
Introduction
Title, application, commencement and interpretation
1. - (1) These Regulations may be cited as the Animals and Animal Products (Import and Export) (Wales) Regulations 2005; they apply in relation to Wales and come into force on 30 April 2005.

(2) In these Regulations -

any expressions used have the meaning they bear in -

(a) 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 single market)[

both of which have been amended by the legislation listed in Schedule 1;

canolfan gynnull

safle arolygu ar y ffin

masnachwr

offerynnau rhyngwladol Ewropeaidd

buches

cenfaint

geifre

gre

diadell

haid

arolygydd

awdurdod lleol

y Cynulliad Cenedlaethol

cyrchfan

dogfennau traddodi gofynnol

arolygydd milfeddygol

    (3) A notice, approval or declaration under these Regulations must be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.

Exception
     2. - (1) Subject to paragraph (2), these Regulations do not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.

    (2) Where any person is accompanying and has under his or her responsibility more than five pets travelling together which -

(a) are each of a species listed in Annex I to Regulation (EC) No. 998/2003[

these Regulations apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction.

Enforcement
3. - (1) Except where otherwise expressly provided, these Regulations must be enforced by the local authority.

(2) The National Assembly may direct, in relation to cases of a particular description, or a particular case, that it, and not the local authority, must discharge any duty imposed on a local authority under paragraph (1).

PART 2
Intra-Community Trade
Application of Part 2
4. This Part applies to trade between member States in live animals and animal products that are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products)[10].

Exports
5. - (1) A person must not export or consign for export to another member State any animal or animal product controlled under one or more of the instruments in Part I of Schedule 3 unless -

(a) it complies with the relevant provisions of those instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;

(b) when required by such instrument, it is accompanied by -

(c) when required by such instrument, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the instrument; and

(d) if the animal is acquired through or transits an assembly centre, that centre has been approved by the National Assembly in accordance with regulation 12 for the purposes of intra-Community trade and complies with the provisions of Article 11 of Council Directive 64/432/EEC[11].

    (2) If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation the inspector may by notice served on the consignor, the consignor's representative or the person appearing to the inspector to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.

    (3) In the event of a notice served under paragraph (2) not being complied with, an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

    (4) A person must not export to another member State any animal to which the provisions of Article 6, 7, 9 or 10 of Council Directive 92/65/EEC (laying down 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 rules referred to in Annex A(1) to Council Directive 90/425/EEC)[12] apply unless the animal originates from -

(5) A person must not export to another member State any hatching eggs, day-old chicks or poultry to which Article 6 of Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs)[13] applies unless they originate from an establishment that -

Imports
     6. - (1) A person must not import from another member State (either for entry into the UK or by way of transit to another member State) any animal or animal product subject to an instrument in Part I of Schedule 3 unless it complies with the relevant provisions of that instrument (subject to any derogations specified in that Part) and with any additional requirements specified in that Part.

    (2) Where an animal subject to an instrument in Part I of Schedule 3 is imported from another member State (either for entry into the UK or by way of transit to another member State), the importer, and the person in charge of the animal, if different, must comply with all the relevant provisions of that instrument until it arrives at its place of destination or leaves Wales , as the case may be.

    (3) Where cattle, pigs, sheep or goats are imported from another member State for slaughter in Wales and are taken to an assembly centre, the importer must ensure that they are removed from the assembly centre directly to a slaughterhouse and slaughtered there, in the case of sheep and goats within 5 days of their arrival at the assembly centre, and in the case of cattle and pigs within 3 days of their arrival at the assembly centre.

    (4) Where an animal to which paragraph (3) relates is not slaughtered within the specified period, an inspector may, by notice served on the person appearing to him or her to be in charge of the animal, require the animal to be slaughtered as may be specified in the notice.

    (5) Where an animal is imported from another member State for slaughter, other than an animal taken to an assembly centre, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may, by notice served on the person appearing to him or her to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.

    (6) If a notice served under either paragraph (4) or (5) is not complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.

Transport of animals and animal products
     7. - (1) A person must not transport any animal or animal product in intra-Community trade unless it is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC.

    (2) A person must not deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on him or her by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to him or her to be in charge of the animal or animal product requiring that person to transport it, at that person's expense, to the address specified in the required consignment documentation.

    (3) In the event of a notice served under paragraph (2) not being complied with an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

    (4) In the case of the transport of cattle, pigs, sheep or goats, the provisions of Part II of Schedule 3 have effect, and any failure to comply with those provisions may lead to the amendment, suspension or revocation of an authorisation to transport those animals granted under article 12 of the Welfare of Animals (Transport) Order 1997[14] in accordance with Schedule 9 to that Order.

Dealers
     8. - (1) Dealers in cattle, pigs, sheep or goats, engaging in intra-Community trade must comply with Part III of Schedule 3.

    (2) Dealers in other animals engaging in intra-Community trade, if required to do so by a notice served by the National Assembly, must register as such with the National Assembly and must give such undertakings as to compliance with these Regulations as are specified in the notice.

    (3) The National Assembly must keep a register of dealers registered under paragraph (2).

    (4) Any person who has registered under paragraph (2) must keep a record of -

(a) all deliveries of animals; and

(b) where a consignment is divided up or subsequently marketed, the subsequent destination of the animals,

and must keep such records for 12 months from the arrival of the consignment.

Approval of centres and teams for the purposes of Directive 92/65/EEC and laboratories for the purposes of Directive 90/539/EEC
     9. - (1) For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC, the National Assembly must approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.

    (2) The National Assembly must suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.

    (3) For the purposes of Article 11 of Council Directive 92/65/EEC, the National Assembly must approve any semen collection centre or embryo collection team which has applied to the National Assembly for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.

    (4) The National Assembly must approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma infections required under Chapter III of Annex II to Council Directive 90/539/EEC.

    (5) The tests for Salmonella infections required under Chapter III of Annex II to Council Directive 90/539/EEC must be carried out by laboratories authorised pursuant to article 2(1) of the Poultry Breeding Flocks and Hatcheries Order 1993[15].

Inspection and checking at destination
     10. - (1) A veterinary inspector has power to inspect, at their place of destination, all animals and animal products imported from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the instruments in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.

    (2) An inspector has power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he or she has information leading him or her to suspect an infringement of the instruments in Part I of Schedule 3 or of any additional requirements specified in Part I of Schedule 3.

Duties on consignees
     11. - (1) A person must not accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC (on the zootechnical and genealogical conditions governing intra-Community trade in equidae)[16]) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.

    (2) A consignee must retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.

    (3) The authorised inspector referred to in paragraph (1) is the inspector authorised by the National Assembly to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.

Assembly centres and slaughterhouses
     12. - (1) Any person operating an assembly centre must do so in accordance with this regulation.

    (2) The assembly centre is to be approved by the National Assembly and given a number, and approval is only to be given if the National Assembly is satisfied that - -

(a) in the case of an assembly centre used for cattle or pigs, the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC;

(b) in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Directive 91/68/EEC; and

(c) the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.

(3) The operator of an assembly centre shall admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.

(4) Where animals are consigned to an assembly centre, the operator of the assembly centre must -

(a) ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC; and

(b) record on a register -

and shall preserve the register for a minimum of three years.

(5) Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995[17] or regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[18], the official veterinary surgeon must ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC.

(6) If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he or she must forthwith notify a veterinary inspector authorised by the National Assembly to receive such notification, who must examine the animals and must either -

(7) Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to him or her from another member State, or divides up batches of such animals for distribution or marketing -

Illegal consignments
13. - (1) If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 6 or of a zoonosis, any other disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he or she may serve a notice in accordance with paragraph (2) on the person appearing to him or her to be in charge of those animals or products.

(2) The notice must require that person -

(a) immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be specified in the notice for the purpose of preventing the introduction or spreading of disease; or

(b) without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice.

(3) Subject to the provisions of paragraph (4) if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC, he or she may, if animal health and welfare considerations so permit, give the consignor or the consignor's representative or the person appearing to him or her to be in charge of those animals or products by way of notice the choice of -

(a) where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997[

(4) If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector must not serve a notice under paragraph (3) unless -

(5) In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.

PART 3
Third Countries
Application of Part 3
14. - (1) This Part applies in respect of animals imported into -

Official veterinarians
15. The National Assembly must periodically designate such veterinary inspectors to act as official veterinarians as are necessary for the purposes of this Part and may revoke such designation at any time.

Importation
16. - (1) A person must not import any animal -

(a) either for entry into the UK or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or

(b) for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the National Assembly and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.

    (2) A person must not import any animal except from a country or territory specified under the instruments in Part I of Schedule 7.

    (3) A person must not import any animal to which an instrument in Part II of Schedule 7 applies unless it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.

    (4) Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to him or her to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.

    (5) In the event of a notice served under paragraph (4) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.

    (6) The person in charge of an animal that has been imported for immediate re-export, either directly or indirectly, outside the European Community must comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004[21].

Places of import
     17. - (1) A person must not import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974[22] may also be imported at places permitted under that Order.

    (2) If animals are imported at any place other than a place permitted under paragraph (1), an inspector may by notice require the person appearing to him or her to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.

    (3) Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him or her to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.

    (4) In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.

Import procedure
     18. - (1) A person must not import any animal unless he or she has given notice of his or her intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004.

    (2) On importation, the importer or the importer's agent must convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the instruments in Schedule 7 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10(1) of Council Directive 91/496/EEC.

    (3) A person must not remove any animal from a quarantine centre or border inspection post unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.

    (4) A person must not remove any animal from Customs temporary storage arrangements -

(a) unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Her Majesty's Customs and Excise and the removal has been authorised by that officer;

(b) to any place other than the place of destination specified in the common veterinary entry document, unless he or she has been required to remove it to another place by means of a notice served on him or her by an inspector.

    (5) The person in charge of an animal imported from a third country must ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004.

    (6) Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person appearing to him or her to be in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 apply as they apply at a border inspection post.

    (7) In the event of a notice served under paragraph (4) or (6) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

Payment of fees
     19. The official veterinarian must not authorise the release of animals from a quarantine centre or border inspection post unless he or she is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.

Consignments constituting a danger to health
     20. Where checks at the quarantine centre or border inspection post or the test results referred to in regulation 18(6) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian must immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action are payable by the importer or the importer's representative.

Illegal consignments
     21. - (1) Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC[23], a veterinary inspector must, by notice served on the person appearing to him or her to be in charge of those animals, require that person to -

    (2) Before exercising any of the powers in paragraph (1) the veterinary inspector must consult the importer or the importer's representative.

    (3) If the animals are re-despatched in accordance with sub-paragraph (c), the official veterinarian must cancel the veterinary certificate accompanying the rejected consignment and complete the box 'details of re-consignment' in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.

    (4) If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, he or she must serve a notice on the person appearing to him or her to be in charge of the animals in accordance with the following paragraph.

    (5) A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, must either -

    (6) In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

    (7) The importer or the importer's representative is liable for the costs incurred in measures under this regulation, but is entitled, after deduction of costs, to the proceeds of any sale.

Arrival at the place of destination
     22. - (1) On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, must be detained at the premises by the person having control of those premises for at least 30 days and he or she must not release them until authorised in writing by an authorised officer of the National Assembly.

    (2) Paragraph (1) does not apply in the case of animals being dispatched directly to a slaughterhouse.

    (3) Animals of species to which paragraph (2) does not apply that are for breeding or production must be detained at the place of destination by the person having control of those premises, and he or she must not release them unless authorised in writing by an authorised officer of the National Assembly.

Post-import controls
     23. - (1) Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he or she may carry out any veterinary checks on that animal that he or she deems appropriate.

    (2) If the checks confirm that import conditions were not complied with, then the provisions of regulation 21 apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.

PART 4
Imports Where Checks Have Been Carried Out in Another Member State
Application of Part 4
     24. This Part applies in respect of imported animals which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.

Imports
     25. A person must not import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004.

Import procedure
     26. The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations apply in relation to animals to which this Part applies.

PART 5
General
Outbreaks of disease in other states
     27. - (1) This regulation applies where the National Assembly learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC( ) or Article 18 of Council Directive 91/496/EEC, or through any other means, the presence in any other state of a disease referred to in Schedule 6, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.

    (2) In the circumstances described in paragraph (1), the National Assembly may, for the purpose of preventing the introduction or spreading of disease , by declaration suspend, or impose conditions upon, the entry into Wales of any animal or animal product from the whole or any part of that state.

    (3) Such a declaration is to be published in such manner as the National Assembly thinks fit.

    (4) Where a declaration is in force suspending the entry of any animal or animal product, a person must not bring that animal or animal product into Wales if it is dispatched from, or originates from, the state or part thereof specified in the declaration.

    (5) Where a declaration is in force imposing conditions on the entry into Wales of any animal or animal product, a person must not bring that animal or animal product into Wales if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration.

Notification of decisions
     28. If the consignor or the consignor's representative, or the importer or the importer's representative, so requests, any decision taken refusing entry or varying the conditions of entry must be forwarded to him or her in writing by the person taking the decision, giving the reasons for the decision and the details of any right of appeal against the decision, including the relevant time limits.

Powers of inspectors
     29. - (1) Subject to regulation 10, an inspector, on producing, if required to do so, some duly authenticated document showing his or her authority, has the right at all reasonable hours to 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, road or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.

    (2) An inspector has powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC, and in particular may -

(d) examine documentary or data processing material relevant to the checks carried out under these Regulations; and

(e) take with him or her a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC.

Recovery of expenses
30. The consignor, the consignor's representative and the person in charge of any animal or animal product are jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.

Obstruction
31. A person must not -

(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 of him or her 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 corporate
32. - (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 be liable to be proceeded against and punished accordingly.

    (2) For the purposes of paragraph (1), "director" in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Penalties
     33. - (1) A person contravening any provision of these Regulations, except the provisions contained in paragraph 6 of Part I of Schedule 4 and paragraph 2 of Part I of Schedule 5, or any notice served under them is guilty of an offence.

    (2) A person guilty of an offence under regulation 31(a) or (b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

    (3) 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.

Disapplication of provisions
34. The provisions of the legislation listed in Schedule 8 do not apply to imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies, or to imports of an animal to which an instrument in Schedule 7 applies from the country subject to that instrument, to the extent specified in column 3 of the table given in Schedule 8.

Revocations
35. The following Regulations are revoked so far as they apply in relation to Wales -

(a) The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000[

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[31]

D. Elis-Thomas
The Presiding Officer of the National Assembly

12 April 2005

SCHEDULE 1Regulation 1(2)

Amendments to Council Directives 90/425/EEC and 91/496/EEC

1. Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29) has been amended by, and must be read with -

Council Directive 90/539/EEC (OJ No. L303, 31.10.90, p. 6);

Council Directive 91/67/EEC (OJ No. L46, 19.2.91, p. 1);

Council Directive 91/68/EEC (OJ No. L46, 19.2.91, p. 19);

Council Directive 91/174/EEC (OJ No. L85, 5.4.91, p. 37);

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);

Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p. 17);

Council Directive 92/60/EEC (OJ No. L268, 14.9.92, p. 75);

Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54);

Council Directive 92/118/EEC (OJ No. L62, 15.3.93, p. 49);

Commission Decision 93/444/EEC (OJ No. L208, 19.8.93, p. 34);

Commission Decision 94/338/EC (OJ No. L151, 17.6.94, p. 36);

Commission Decision 94/339/EC (OJ No. L151, 17.6.94, p. 38);

Council Directive 97/78/EC (OJ No. L24, 30.1.98, p. 9);

Council Directive 2002/33/EC (OJ No. L315, 19.11.2002, p. 14); and

the European international instruments.

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56) has been amended by and must be read with -

Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p. 13);

Council Directive 90/424/EEC (OJ No. L224, 18.08.90, p. 19);

Council Directive 90/425/EEC (OJ No. L224, 18.08.90, p. 29);

Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p. 17);

Council Decision 92/438/EEC (OJ No. L243, 25.8.92, p. 27);

Commission Decision 94/467/EC (OJ No. L190, 26.7.94, p. 28);

Council Directive 96/43/EC (OJ No. L162, 1.7.96, p. 1);

Council Directive 97/78/EC (OJ No. L24, 30.1.98, p. 9);

Commission Decision 97/794/EC (OJ No. L323, 26.11.97, p. 31);

Commission Regulation (EC) No. 282/2004 (OJ No. L49, 19.2.2004, p. 11), as amended by Commission Regulation (EC) No. 585/2004 (OJ No. L91, 30.3.2004, p. 17); and

the European international instruments.

SCHEDULE 2Regulations 1(2) and 17(1)

Border Inspection Posts

Border inspection post	Animals which may be imported
Gatwick Airport	All animals other than ungulates (i)
Heathrow	All animals
Luton Airport (ii)	Ungulates (i)
Manchester Airport	Cats, dogs, rodents, lagomorphs, live fish, reptiles, and birds other than ratites
Stansted Airport (ii)	Ungulates (i)

SCHEDULE 3Regulations 4, 5(1), 6(1), 6(2), 7(4), 8(1), 10, 12(7)(a), 29(2)(b) and 34

Intra-Community trade: Legislation and Additional Requirements

PART I
LEGISLATION ON INTRA-COMMUNITY TRADE
Bovine animals and swine
1. Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (OJ No. L109, 25.4.97, p. 1), and as subsequently amended by -

Council Directive 98/46/EC (OJ No. L198, 15.7.98, p. 22);

Council Directive 98/99/EC (OJ No. L358, 31.12.98, p. 107);

Commission Decision 98/621/EC (OJ No. L296, 5.11.98, p. 15);

Directive 2000/15/EC of the European Parliament and of the Council (OJ No. L105, 3.5.2000, p. 34);

Directive 2000/20/EC of the European Parliament and of the Council (OJ No. L163, 4.7.2000, p. 35);

Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);

Commission Regulation (EC) No 535/2002 (OJ No. L80, 23.3.2002, p. 22);

Commission Regulation (EC) No 1226/2002 (OJ L179, 9.7.2002, p. 13);

Council Regulation (EC) No. 21/2004 (OJ No. L5, 9.1.2004, p. 8);

Commission Decision 2004/226/EC (OJ No. L68, 6.3.2004, p. 36); and

the European International Instruments.

Relevant provisions: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports), and 12(3).

(a) The official health certificate accompanying all cattle imported into Wales from Spain must contain the statement: "Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro-pneumonia".

(b) The official health certificate accompanying all cattle imported into Wales from Portugal must contain the statement "Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia".

(c) The official health certificate accompanying all swine imported into Wales from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those regions of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: "Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky's disease[

Bovine semen
2. Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (OJ No. L194, 22.7.88, p. 10), as amended by, and as read with -

Council Directive 90/120/EEC (OJ No. L71, 17.3.90, p. 37);

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);

Council Directive 93/60/EEC (OJ No. L186, 28.7.93, p. 28);

Council Directive 2003/43/EC (OJ No. L143, 11.6.2003, p. 23);

Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23);

Commission Decision 2004/101/EC (OJ No. L30, 4.2.2004, p. 15); and

the European international instruments.

Relevant provisions: Articles 3 and 6.

Bovine embryos
3. Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ No. L302, 19.10.89, p. 1), as amended by, and as read with -

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);

Council Directive 93/52/EEC (OJ No. L175, 19.7.93, p. 21);

Commission Decision 94/113/EC (OJ No. L53, 24.2.94, p. 23);

Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and

the European international instruments.

Relevant provisions: Articles 3 and 6.

Equidae
4. Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with -

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);

Council Directive 92/36/EEC (OJ No. L157, 10.6.92, p. 28);

Commission Decision 92/130/EEC (OJ No. L47, 22.2.92, p. 26);

Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);

Commission Decision 2002/160/EC (OJ No. L053, 23.2.2002, p. 37); and

the European international instruments.

Relevant provisions: Articles 4, 5, 7(1), and 8.

Porcine Semen
5. 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 species (OJ No. L224, 18.8.90, p. 62) and Commission Decision 99/608/EC (OJ No. L242, 14.9.99, p. 20), as amended by, and as read with -

Commission Decision 99/608/EC (OJ No. L242, 14.9.1999, p. 20);

Commission Decision 2000/39/EC (OJ No. L13, 19.1.2000, p. 21);

Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and

the European international instruments.

Relevant provisions: Articles 3, 4(1), 4(2) and 6(1).

The official health certification accompanying all porcine semen imported into Wales from any other member State must state that the semen was collected from boars "on a collection centre which only contains animals that have not been vaccinated against Aujeszky's disease and which have reacted negatively to the serum neutralisation test or to the ELISA test for Aujeszky's disease, in accordance with the provisions of Council Directive 90/429/EEC" and paragraph 13(b)(ii) of the model health certificate provided in Annex D of Council Directive 90/429/EEC must be deleted in all cases.

Poultry and hatching eggs
6. Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ No. L303, 30.10.90, p. 6), as amended by, and as read with -

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);

Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54);

Commission Decision 92/340/EEC (OJ No. L188, 8.7.92, p. 34);

Commission Decision 92/369/EEC (OJ No. L195, 14.7.92, p. 25);

Council Directive 93/120/EEC (OJ No. L340, 31.12.93, p. 35);

Council Directive 95/410/EC (OJ No. L243, 11.10.95, p. 25);

Commission Decision 97/278/EC (OJ No. L110, 26.4.97, p. 77);

Council Directive 99/90/EC (OJ No. L300, 23.11.1999, p. 19);

Commission Decision 2000/505/EC (OJ No. L201, 9.8.2000, p. 8);

Commission Decision 2001/867/EC (OJ No. L323, 7.12.2001, p. 29);

Commission Decision 2003/644/EC (OJ No. L228, 12.9.2003, p. 29);

Commission Decision 2004/235/EC (OJ No. L72, 11.3.2004, p. 86); and

the European International instruments.

Relevant provisions: Articles 6 to 11, 12(1), and 15 to 17.

Animal waste
7. Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption (OJ No. L273, 10.10.2002, p. 1), as amended by, and as read with -

Commission Regulation No. 808/2003 (OJ No. L117, 13.5.03, p. 1);

Commission Regulation No. 811/2003 (OJ No. L117, 13.5.03, p. 14);

Commission Regulation No. 813/2003 (OJ No. L117, 13.5.03, p. 22);

Commission Decision 2003/320/EC (OJ No. L117, 13.5.03, p. 24);

Commission Decision 2003/321/EC (OJ No. L117, 13.5.03, p. 30);

Commission Decision 2003/326/EC (OJ No. L117, 13.5.03, p. 42);

Commission Decision 2003/327/EC (OJ No. L117, 13.5.03, p. 44);

Commission Decision 2003/328/EC (OJ No. L117, 13.5.2003, p. 46);

Commission Decision 2003/329/EC (OJ No. L117, 13.5.2003, p. 51);

Commission Regulation No. 780/2004 (OJ No. L123, 27.4.2004, p. 64); and

the European international instruments.

Relevant provision: Article 8.

Fish
Farmed fish
8. - (1) Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No. L46, 19.2.91, p. 1), as amended by, and as read with -

the European international instruments.

Relevant provisions: The following provisions in so far as they apply to live fish, eggs and gametes: Articles 3, 4, 7 to 11, and 14 and 16.

Fish other than farmed fish

(2) Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (OJ No. L268, 24.9.91, p. 15), as amended by, and as read with -

the European international instruments.

Relevant provisions: Article 4.

Live Bivalve molluscs

(3) Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (OJ No. L268, 24.9.91, p. 1), as amended by, and as read with -

the European international instruments.

Relevant provisions: Articles 3(1)a-i, 3(2), 4, 7, 8, and 9.

Ovine and caprine animals
9. Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ No. L46, 19.2.91, p. 19) as amended by, and as read with -

Council Directive 90/425/EC (OJ No. L224, 18.8.90, p. 29);

Council Directive 92/102/EEC (OJ No. L355, 5.12.92, p. 32); as amended by Council Regulation (EC) No. 21/2004 (OJ No. L5. 9.1.2004, p. 8);

Commission Decision 93/52/EEC (OJ No. L13, 21.1.93, p. 14), as amended by Commission Decisions 2001/292/EC (OJ No. L100, 11.4.2001, p. 28), 2002/482/EC (OJ No. L166, 25.6.2002, p. 23), 2003/44/EC (OJ No. L013, 18.1.2003, p. 23),, 2003/237/EC (OJ No. L 87, 4.4.2003, p. 13), 2003/732/EC (OJ No. L264, 15.10.2003, p.30), 2004/199/EC (OJ No. L64, 2.3.2004, p. 41) and 2004/320/EC (OJ No. L102, 7.4.2004, p. 75);

Commission Decision 94/164/EEC (OJ No. L74, 17.3.94, p. 42);

Commission Decision 94/953/EEC (OJ No. L371, 31.12.94, p. 14);

Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);

Directive 2001/10/EC of the European Parliament and of the Council (OJ No. L147, 31.5.2001, p. 41);

Commission Decision 2002/261/EC (OJ No. L091, 6.4.2002, p. 31);

Council Directive 2003/50/EC (OJ No. L169, 8.7.2003, p. 51);

Commission Decision 2003/708/EC (OJ No. L258, 10.10.2003, p. 11); and

the European international instruments.

Relevant provisions: Articles 3, 4, 4a, 4b, 4c, 5, 6 and 9.

Other animals, semen, ova and embryos
10. Council Directive 92/65/EEC laying down 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 rules referred to in Council Directive 90/425/EEC (OJ No. L268, 14.9.92, p. 54), as amended by, and as read with -

Commission Decision 95/176/EC (OJ No. L117, 24.5.95, p. 23);

Commission Decision 95/294/EC (OJ No. L182, 2.8.95, p. 27);

Commission Decision 95/307/EC (OJ No. L185, 4.8.95, p. 58);

Commission Decision 95/388/EC (OJ No. L234, 3.10.95, p. 30);

Commission Decision 95/483/EC (OJ No. L275, 18.11.95, p. 30);

Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);

Commission Regulation (EC) No. 1282/2002 (OJ No. L187, 16.7.2002, p. 3);

Council Regulation (EC) No. 1802/2002 (OJ No. L274, 11.10.2002, p. 21);

Council Regulation (EC) No. 1398/2003 (OJ No. L198, 06.08.2003, p. 3);

Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23);

Regulation (EC) No. 998/2003 (OJ No. L146, 13.6.2003, p.1);

Commission Regulation (EC) No. 592/2004 (OJ No. L94, 31.3.2004, p. 7); and

the European international instruments.

Relevant provisions: Articles 3 to 9, 10(1) to 10(3), and 11 to 13.

Pathogens
11. Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ No. L62, 15.3.93, p. 49) as amended by, and as read with -

Council Directive 2002/33/EC (OJ No. L315, 19.11.2002, p. 14);

Commission Decision 2003/721/EC (OJ No. L260, 11.10.2003, p. 21);

Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60); and

the European international instruments.

Relevant provisions: Articles 6 and 7(1).

Pure-bred animals of the bovine species
12. Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ No. L206, 12.8.1977, p. 8), as amended by, and as read with -

The Act concerning the conditions of accession of the Hellenic Republic to the European Communities (OJ No. L291, 19.11.79, p. 17);

Council Directive 79/268/EEC (OJ No. L62, 13.3.79, p. 5);

Council Regulation 3768/85/EEC (OJ No. L362, 31.12.85, p. 8);

Council Directive 85/586/EEC (OJ No. L372, 31.12.85, p. 44);

Commission Decision 86/404/EEC (OJ No. L233, 20.8.86, p. 19);

Commission Decision 88/124/EEC (OJ No. L62, 8.3.88, p. 32);

Council Directive 91/174/EEC (OJ No. L85, 5.4.91, p. 37);

Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66);

Commission Decision 96/80/EC (OJ No. L19, 25.1.96, p. 50);

Commission Decision 96/510/EC (OJ No. L210, 20.8.96, p. 53) (as amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27);

Commission Decision 2002/8/EC (OJ No. L003, 5.1.2002, p. 53); and

the European international instruments.

Relevant provisions: Articles 5 and 7.

Breeding animals of the porcine species
13. Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (OJ No. L382, 31.12.1988, p. 36), as amended by, and as read with -

Commission Decision 89/503/EEC (OJ No. L247, 23.8.89, p. 22);

Commission Decision 89/506/EEC (OJ No. L247, 23.8.89, p. 34);

Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66);

Commission Decision 96/510/EC (OJ No. L210, 20.08.96, p. 53) (as amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27); and

the European international instruments.

Relevant provisions: Articles 2(2), 5, 7(2) and 9.

Pure-bred breeding sheep and goats
14. Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (OJ No. L153, 6.6.1989, p. 30), as amended by, and as read with -

Commission Decision 90/258/EEC (OJ No. L145, 8.6.90, p. 39);

Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66);

Commission Decision 96/510/EC (OJ No. L210, 20.08.96, p. 53);

Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27); and

the European international instruments.

Relevant provisions: Articles 3(2) and 6.

Equidae
15. Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ No. L224, 18.8.90, p. 55), as amended by, and as read with -

Commission Decision 92/353/EEC (OJ No. L192, 11.7.92, p. 63);

Commission Decision 92/354/EEC (OJ No. L192, 11.7.92, p. 66);

Commission Decision 93/623/EEC (OJ No. L298, 3.12.93, p. 45) as amended by Decision 2000/68/EC (OJ No. L023, 28.1.2000, p. 72);

Council Directive 94/28/EC (OJ No. L178, 12.7.94, p. 66);

Commission Decision 96/78/EC (OJ No. L19, 25.1.96, p. 39);

Commission Decision 96/510/EC (OJ No. L210, 20.08.1996, p. 53);

Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27); and

the European international instruments.

Relevant provisions: Articles 6 and 8.

PART II
ADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF CATTLE, PIGS, SHEEP AND GOATS
1. Any person transporting cattle, pigs, sheep or goats in intra-Community trade must do so in accordance with this Part.

2. He or she must, for each vehicle used for the transport of those animals, keep a register containing the following information, and must preserve the register for at least three years -

3. He or she must ensure that the means of transport is constructed in such a way that animal faeces, litter or feed cannot leak or fall out of the vehicle.

4. He or she must give a written undertaking to the National Assembly stating that -

(b) the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

PART III
ADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE, PIGS, SHEEP AND GOATS
1. Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade must comply with the provisions of this Part.

2. - (1) The dealer must -

    (2) The National Assembly must only issue an approval under this paragraph if satisfied that the dealer will comply with the provisions of this Part and, in the case of a dealer in sheep or goats, that the dealer has agreed to comply with the requirements for the operation of his or her premises which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the premises are capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.

     3. The dealer must ensure that he or she only imports or exports animals that are identified and meet the requirements of Community law for intra-Community trade and, in the case of cattle, come from herds that are officially free of tuberculosis, brucellosis and leucosis, or are slaughter animals meeting the requirements of Article 6(3), or, if slaughter animals under a disease control programme, the requirements of Article 13(1)(a), of Council Directive 64/432/EEC.

     4. The dealer must keep a record for all cattle, pigs, sheep and goats which he or she imports or exports, either on the basis of identification numbers or marks on the animals, and preserve the record for at least three years, of - -

5. In the case of a dealer who keeps cattle, pigs, sheep or goats on his or her premises the dealer must ensure that - -

     6. - (1) The dealer must only use premises approved for the purpose by the National Assembly under this paragraph and which, in the case of a dealer in sheep and goats, are specified in an operational agreement.

    (2) The National Assembly must issue an approval number for premises approved under this paragraph.

    (3) The National Assembly must only issue an approval under this paragraph if satisfied that the premises comply with, in the case of a dealer in cattle or pigs, Article 13(2) of Council Directive 64/432/EEC or, in the case of a dealer in sheep and goats, Article 8b(2) of Council Directive 91/68/EEC.

SCHEDULE 4Regulations 5(5), 9(4) and 33(1)

The Poultry Health Scheme

PART I
MEMBERSHIP
     1. Any reference to 'the Directive' in this Part of this Schedule is a reference to Council Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries, of poultry and hatching eggs)[35].

     2. An application for an establishment to become a member of the Poultry Health Scheme must be accompanied by the registration fee, the details of which are set out in Part 2 of this Schedule.

     3. The National Assembly must only grant membership of the Poultry Health Scheme to an establishment if -

(b) the operator of the establishment, having been notified that the National Assembly is satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.

     4. The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive must consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to an establishment as being requirements that he or she believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment.

     5. On receipt of the first annual membership fee, the National Assembly must issue the establishment's membership certificate, which must include the establishment's membership number.

     6. The operator of an establishment that is a member of the Poultry Health Scheme must pay the annual membership fee each year.

     7. In order to ensure that operators and their establishments continue to meet the requirements for membership of the Poultry Health Scheme, and generally to ensure compliance with the Directive, a veterinary inspector must carry out an annual inspection of the establishment, and any additional inspections the National Assembly considers necessary.

     8. The National Assembly -

PART II
REGISTRATION FEE
1. The National Assembly must -

2. The registration fee must be payable to the National Assembly in respect of each establishment for which an application is made and is non-refundable.

3. The items referred to in paragraph 1(a) are -

(b) recruiting and training the staff referred to in sub-paragraph (a);

(c) travel and related incidental expenses incurred in processing applications for membership (including inspecting establishments), except where incurred by a person attending his normal place of work;

(d) office accommodation, equipment and services for the staff referred to in sub-paragraph (a), including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e) provision of protective clothing and equipment used in inspecting establishments, and laundering, cleansing or disinfecting that protective clothing;

(f) provision of payroll and personnel services in connection with the employment of the staff referred to in sub-paragraph (a); and

(g) any other incidental expenses incurred in connection with the processing of applications for membership of the Poultry Health Scheme.

PART III
ANNUAL MEMBERSHIP FEE
4. There are two rates for the annual membership fee; a higher rate which includes the cost of an annual veterinary inspection by a veterinary inspector employed by the Department for Environment, Food and Rural Affairs, and a lower rate which does not include the cost of such an inspection.

5. The lower rate is payable -

6. The National Assembly must -

7. The annual membership fee is payable to the National Assembly in respect of each establishment and is non-refundable.

8. The items referred to in paragraph 6(a) are -

(b) recruiting and training the staff referred to in sub-paragraph (a);

(c) travel and related incidental expenses incurred in the administration of the Poultry Health Scheme (including veterinary inspections of establishments), except where incurred by a person attending his or her normal place of work;

(d) office accommodation, equipment and services for staff referred to in sub-paragraph (a), including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e) provision of protective clothing and equipment, where applicable, used in carrying out inspections of establishments, and laundering, cleansing or disinfecting that protective clothing;

(f) provision of payroll and personnel services in connection with the employment of staff referred to in sub-paragraph (a); and

(g) any other incidental expenses incurred in connection with the administration of the Poultry Health Scheme.

SCHEDULE 5Regulations 9(4) and 33(1)

Approval of Laboratories under the Poultry Health Scheme

PART I
APPROVAL
     1. The National Assembly may approve any laboratory that she considers to be suitable for the purposes of carrying out Mycoplasma testing under the Poultry Health Scheme.

     2. The operator of a laboratory approved under paragraph (1) must pay the annual approval fee each year, the details of which are set out in Part 2 of this Schedule.

     3. In order to ensure that approved laboratories remain suitable for approval, an inspector must carry out inspections and quality assurance testing as the National Assembly considers necessary.

PART II
ANNUAL APPROVAL FEE
     4. The National Assembly must -

5. The annual approval fee is payable to the National Assembly in respect of each approved laboratory and shall be non-refundable.

6. The items referred to in paragraph 4(a) are -

(b) recruiting and training the staff referred to in sub-paragraph (a);

(c) travel and related incidental expenses incurred in the administration of the approval of laboratories (including carrying out inspections), except where incurred by a person attending his or her normal place of work.

(d) office accommodation, equipment and services for staff involved in the administration of approval of laboratories, including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e) provision of protective clothing and equipment used in carrying out inspections of establishments, and laundering that protective clothing;

(f) provision of quality assurance testing samples, assessment of the results and provision of advice about the results;

(g) provision of payroll and personnel services in connection with the employment of staff involved in the administration of approval of laboratories; and

(h) any other incidental expenses incurred in connection with the administration of the approval of laboratories.

SCHEDULE 6Regulations 13(1) and 27(1)

List of Diseases

Foot and mouth disease

Classical swine fever

African swine fever

Swine vesicular disease

Newcastle disease

Rinderpest

Peste des petits ruminants

Vesicular stomatitis

Bluetongue

African horse sickness

Equine encephalomyelitis (of all types, including Venezuelan equine encephalomyelitis)

Teschen disease

Avian influenza

Sheep and goat pox

Lumpy skin disease

Rift valley fever

Contagious bovine pleuropneumonia

Bovine spongiform encephalopathy

Infectious haematopoietic necrosis

Viral haemorrhagic septicaemia

Dourine

Equine infectious anaemia

Glanders

Infectious Salmon anaemia

Small hive beetle (Aethina tumida)

Tropilaelaps mite

SCHEDULE 7Regulations 16(2) and 16(3), 18(2) and 34

Community Legislation on Third Countries

PART I
THIRD COUNTRIES FROM WHICH MEMBER STATES MAY AUTHORISE CERTAIN IMPORTS
1. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (OJ No. L146, 14.6.79, p. 15), as amended by, and as read with -

Commission Decision 95/536/EC (OJ No. L304, 16.12.95, p. 49);

Commission Decision 2003/881/EC (OJ No. L328, 17.12.2003, p. 26); and

Commission Decision 2004/212/EC (OJ No. L73, 11.3.2004, p. 11).

2. Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs (OJ No. L156, 7.7.95, p. 76), as amended by, and as read with -

Commission Decision 96/628/EC (OJ No. L282, 1.11.96, p. 73);

Commission Decision 96/659/EC (OJ No. L302, 26.11.96, p. 27);

Commission Decision 97/183/EC (OJ No. L76, 18.3.97, p. 32);

Commission Decision 2001/732/EC (OJ No. L 275, 18.10.2001, p. 14);

Commission Decision 2001/751/EC (OJ No. L 281, 25.10.2001, p. 24);

Commission Decision 2002/183/EC (OJ No. L 61, 2.3.2002, p. 56); and

Commission Decision 2004/118/EC (OJ No. L36, 7.2.2004, p. 34).

3. Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (OJ No. L302, 21.11.2003, p.22), as amended by, and as read with -

Commission Decision 2004/609/EC (OJ L274, 24.8.04, p. 17); and

Commission Decision 2004/623/EC (OJ No. L280, 31.8.2004, p. 26).

4. Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (OJ L324, 11.12.2003, p.37.) as amended by, and as read with -

Commission Decision 2004/454/EC (OJ No. 156, 30.4.2004, p.29).

5. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species (OJ No. L73, 11.3.2004, p. 1).

PART II
DETAILED PROVISIONS
Bovine, ovine and caprine animals and swine from third countries
1. Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, and fresh meat or meat products from third countries (OJ L302, 31.12.72, p. 28), as amended by and as read with -

Council Directive 90/423/EEC (OJ No. L224, 18.8.90, p. 13);

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);

Council Directive 91/69/EEC (OJ No. L46, 19.2.91, p. 37);

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);

Council Directive 91/688/EEC (OJ No. L377, 31.12.91, p. 18);

Council Directive 96/91/EC (OJ No. L13, 16.1.1997, p.26);

Council Directive 97/79/EC (OJ No. L24, 30.1.98, p 31); and

the European international instruments.

Relevant provisions: Articles 6, 10, 11, 13, 29 and 30.

Cloven-hoofed animals and elephants from third countries
2. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (OJ No. L146, 14.6.79, p. 15), as amended by, and as read with Commission Decision 2004/212/EC (OJ No. L73, 11.3.2004, p. 11).

Relevant provisions: Articles 3, 4, 5 and 6.

Equidae
General
3. Council Directive 90/426/EEC on heath conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with -

Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);

Council Directive 92/36/EEC (OJ No. L157, 10.6.92, p. 28);

Commission Decision 92/130/EEC (OJ No. L47, 22.2.92, p. 26);

Commission Decision 95/329/EC (OJ No. L191, 12.8.95, p. 36);

Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);

Commission Decision 2002/160/EC (OJ No. L053, 23.3.2002, p. 37);

Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p 321); and

the European international instruments.

Relevant provisions: Articles 11, 12(1), 13 to 16 and 18.

4. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species (OJ No. L73, 11.3.2004, p. 1).

Relevant provisions: Article 6.
Temporary admission of registered horses
5. Commission Decision 92/260/EEC (OJ No. L130, 15.5.92, p. 67), as amended by, and as read with -

Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p. 11);

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11);

Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17);

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);

Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);

Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);

Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);

Commission Decision 97/10/EC (OJ No. L3, 7.1.97, p. 9) as amended by Decision 2001/622/EC (OJ No. L216, 10.8.2001, p. 26);

Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);

Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53);

Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);

Commission Decision 99/613/EC (OJ No. L24, 15.9.99, p. 12);

Commission Decision 2000/209/EC (OJ No. L064, 11.3.2000, p. 22);

Commission Decision 2001/117/EC (OJ No. L043, 14.2.2001, p. 38);

Commission Decision 2001/611/EC (OJ No. L214, 8.8.2001, p. 49);

Commission Decision 2001/619/EC (OJ No. L215, 9.8.2001, p. 55);

Commission Decision 2001/828/EC (OJ No. L308, 27.11.2001, p. 41);

Commission Decision 2002/635/EC (OJ No. L206, 3.8.2002, p. 20);

Commission Decision 2002/636/EC (OJ No. L206, 3.8.2002, p. 27);

Commission Decision 2003/13/EC (OJ No. L007, 11.1.2003, p. 86);

Commission Decision 2003/541/EC (OJ No. L185, 24.07.2003, p. 41);

Commission Decision 2004/117/EC (OJ No. L36, 7.2.2004, p. 20);

Commission Decision 2004/177/EC (OJ No. L55, 24.2.2004, p. 64);

Commission Decision 2004/241/EC (OJ No. L74,12.03.04, p. 19); and

the European international instruments.

Relevant provisions: Article 1.

Registered horses for racing, etc.
6. Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (OJ No. L86, 6.4.93, p. 1), as amended by, and as read with -

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11);

Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17);

Commission Decision 95/99/EC (OJ No. L76, 5.4.95, p. 16);

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);

Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);

Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);

Commission Decision 97/684/EC (OJ No. L287, 21.10.97, p. 49);

Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);

Commission Decision 98/567/EC (OJ No. L276, 13.10.98, p. 11);

Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53);

Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);

Commission Decision 99/558/EC (OJ No. L211, 11.8.99, p. 53);

Commission Decision 2000/209/EC (OJ No. L64, 11.3.00, p. 64);

Commission Decision 2000/754/EC (OJ No. L303, 12.12.00, p. 34);

Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38);

Commission Decision 2001/144/EC (OJ No. L53, 23.2.01, p. 23);

Commission Decision 2001/610/EC (OJ No. L43, 8.8.01, p. 45);

Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49);

Commission Decision 2004/211/EC (OJ No. L73, 11.3.2004, p. 1); and

the European international instruments.

Relevant provisions: Article 1.

Equidae for slaughter
7. Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter (OJ No. L86, 6.4.93, p. 7), as amended by, and as read with -

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);

Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);

Commission Decision 96/82/EC (OJ No. L19, 25.1.96, p. 56);

Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);

Commission Decision 97/36/EC (OJ No. L14, 17.1.97, p. 57);

Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);

Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);

Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38);

Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49); and

the European international instruments.

Relevant provisions: Article 1.

Equidae for breeding and production
8. Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production (OJ No. L86, 6.4.93, p. 16), as amended by, and as read with -

Commission Decision 93/510/EEC (OJ No. L238, 23.9.93, p. 45);

Commission Decision 93/682/EEC (OJ No. L317, 18.12.93, p. 82);

Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11);

Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17);

Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);

Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);

Commission Decision 95/536/EC (OJ No. L304, 16.12.95, p. 49);

Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);

Commission Decision 96/82/EC (OJ No. L19, 25.1.96, p. 56);

Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);

Commission Decision 97/10/EC (OJ No. L3, 7.1.97, p. 9), as amended by Commission Decision 2004/117/EC (OJ L036, 7.2.04, p. 20);

Commission Decision 97/36/EC (OJ No. L14, 17.1.97, p. 57);

Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);

Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53);

Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);

Commission Decision 99/236/EC (OJ No. L87, 31.3.99, p. 13);

Commission Decision 99/252/EC (OJ No. L96, 10.4.99, p. 31);

Commission Decision 99/613/EC (OJ No. L243, 15.9.99, p. 12);

Commission Decision 2000/209/EC (OJ No. L64, 11.3.00, p. 64);

Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38);

Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49);

Commission Decision 2001/619/EC (OJ No. L215, 9.8.01, p. 55);

Commission Decision 2001/754/EC (OJ No. L282, 26.10.01, p. 34);

Commission Decision 2001/766/EC (OJ No. L288, 1.11.01, p. 50);

Commission Decision 2001/828/EC (OJ No. L308, 27.11.01, p. 41);

Commission Decision 2002/635/EC (OJ No. L206, 3.8.02, p. 20);

Commission Decision 2002/841/EC (OJ No. L206, 25.10.02, p. 42);

Commission Decision 2003/541/EC (OJ No. L185, 24.07.2003, p. 41);

Commission Decision 2004/117/EC (OJ No. L36, 7.2.2004, p. 20);

Commission Decision 2004/177/EC (OJ No. L55, 24.2.2004, p. 64);

Commission Decision 2004/241/EC (OJ No. L74, 12.3.04, p. 19); and

the European international instruments.

Relevant provisions: Article 1.

Poultry
9. Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ No. L303, 30.10.90, p. 6) as amended by, and as read with -

Council Directive 91/494/EEC (OJ No. L268, 24.9.91, p. 35);

Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);

Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54);

Commission Decision 92/369/EEC (OJ No. L195, 14.7.92, p. 25);

Council Directive 93/120/EEC (OJ No. L340, 31.12.93, p. 35);

Commission Decision 96/482/EC (OJ No. L196, 7.8.96, p. 13);

Commission Decision 96/628/EC (OJ No. L282, 1.11.96, p. 73);

Council Directive 99/89/EC (OJ L300, 23.11.99 p. 17);

Council Directive 99/90/EC (OJ No. L300. 23.11.1999, p. 19);

Commission Decision 2000/505/EC (OJ No. L201, 9.8.2000, p. 8);

Commission Decision 2002/183/EC (OJ No. L61, 2.3.2002, p. 56);

Commission Decision 2002/542/EC (OJ No. L176, 5.7.2002, p. 43);

Commission Decision 2004/118/EC (OJ No. L36, 7.2.2004, p. 34);

Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p. 321); and

the European international instruments.

Relevant provisions: Articles 20, 21(1), 22(1), 23, 24, 27(2) and 28.

Other specified animals, semen, ova and embryos
10. Council Directive 92/65/EEC laying down 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 rules referred to in Council Directive 90/425/EEC (OJ No. L268, 14.9.92, p. 54), as amended by, and as read with -

Commission Decision 95/176/EC (OJ No. L117, 24.5.95, p. 23);

Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);

Commission Regulation (EC) No 1282/2002 (OJ No. L187, 16.7.2002, p. 3);

Council Regulation (EC) No. 1802/2002 (OJ No. L274, 11.10.2002, p. 21);

Council Regulation (EC) No 998/2003 (OJ No. L146, 13.6.2003, p. 1);

Council Regulation (EC) No. 1398/2003 (OJ No. L198, 6.8.2003, p. 3);

Commission Decision 2003/881/EC (OJ No. L328, 17.12.2003, p. 26);

Commission Regulation (EC) No. 592/2004 (OJ No. L94, 31.3.2004, p. 7);

Commission Decision 2004/595/EC (OJ No. L266, 13.8.2004, p. 11); and

the European international instruments and Joint Committee Decision 69/96 of 17 July 1998 amending Annex 1 (Veterinary and Phytosanitary matters) to the Agreement on the European Economic Area (OJ No. L158, 24.6.99, p. 1).

Relevant provisions: Articles 17(1), 17(2) and 18.

Live animals from New Zealand
11. Commission Decision 2003/56/EC on health certificates relating to live animals, their semen, ova and embryos imported from New Zealand (OJ No. L22, 25.1.03, p. 38) as amended by Commission Decision 2003/385/EC (OJ No. L133, 29.5.03, p. 87) and Commission Decision 2003/669/EC (OJ No. L237, 24.9.03, p. 7).

Relevant provisions: Articles 1, 2 and 3.

Zootechnical conditions
12. Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ No. L178, 12.7.94, p. 66), as read with -

Commission Decision 96/509/EC (OJ No. L210, 20.8.96, p. 47); and

Commission Decision 96/510/EC (OJ No. L210, 20.8.96, p. 53), as amended by Commission Decision 2004/186/EC (OJ No. L57, 25.2.2004, p. 27).

Relevant provisions: Article 4.

Finfish and Shellfish from third countries
13. Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (OJ No. L302, 21.11.2003, p.22), as amended by, and as read with -

Commission Decision 2004/609/EC (OJ L274, 24.8.04, p. 17); and

Commission Decision 2004/623/EC (OJ No. L280, 31.8.2004, p. 26).

Relevant provisions: Articles 3, 4, 5, 6, 7 and 8.
14. Commission Decision 2003/858/EC laying down the specific animal health conditions and certification requirements for imports of live fish, their eggs, and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (OJ L324, 11.12.2003, p.37.) as amended by, and as read with -

Commission Decision 2004/454/EC (OJ No. 156, 30.4.2004, p.29.).

Relevant provisions: Articles 3, 4, 5, 6, 7, 8 and 9.

SCHEDULE 8Regulation 34

Legislation that does not Apply

Title	Reference	Extent
The Diseases of Fish Act 1937	1937 c.33	Section 1
The Hares (Control of Importation) Order 1965	S.I. 1965/2040	The whole Order
The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 as amended	S.I. 1974/2211 as amended by S.I. 1977/361, 1984/1182, 1986/2062, 1990/2371, 1993/1813, 1994/1405, 1994/1716, 1999/3443, 2000/1298, 2000/1641, 2001/6, 2002/1011, 2002/2850, and 2004/2364.	The Order shall continue to apply to all carnivores, primates and bats. It shall continue to apply to the importation of all other animals unless such animals are imported by way of trade and can be shown to have been born on the holding of origin and kept in captivity since birth.
The Importation of Animals Order 1977	S.I. 1977/944	Articles 3, 4(7), 4(8), 5(1) to (3), 7(1), 8 to 14, 16, 17, 18(1)(b), 18(3), 19 to 21, 23, 24 and 25(2) except that article 3 shall continue to apply to ruminating animals and swine other than animals which are the subject of Council Directive 64/432/EEC.
The Importation of Birds, Poultry and Hatching Eggs Order 1979	S.I. 1979/1702 (excluding domestic fowl).	Articles 4 to 7, 9(3) to (6), 10 to 12 except that article 4 shall continue to apply to all birds (including domestic fowl) and their hatching eggs other than those subject to the provisions of Council Directive 90/539/EEC
The Importation of Embryos, Ova and Semen Order 1980 as amended by the Importation of Embryos, Ova and Semen (Amendment) Order 1984	S.I. 1980/12 as amended by S.I. 1984/1326	The whole Order except that article 4 shall continue to apply to embryos, ova and semen (as defined in that Order) other than - (a) bovine semen which is the subject of Council Directive 88/407/EEC, (b) bovine embryos which are the subject of Council Directive 89/556/EEC, (c) porcine semen which is the subject of Council Directive 90/429/EEC, (d) equine ova and embryos which are the subject of Commission Decision 95/294/EC, (e) equine semen which is the subject of Commission Decision 95/307/EC, (f) ovine and caprine semen, ova and embryos which are the subject of Commission Decision 95/388/EC, and (g) porcine ova and embryos which are the subject of Commission Decision 95/483/EC.
The Diseases of Fish Regulations 1984	S.I. 1984/455	Regulations 2 and 5
The Importation of Bovine Semen Regulations 1984	S.I. 1984/1325	The whole instrument
The Shellfish and Specified Fish (Third Country Imports) Order 1992	S.I. 1992/3301	The whole Order

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations 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 include the following provisions -

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 that Directive (regulations 5, 6 and 7). The Regulations also set out the procedures and requirements for the registration of dealers in animals and animal products (regulation 8), the approval of centres and teams engaging in intra-Community trade in animals and animal products (regulation 9), and the approval of assembly centres (regulation 12). They place duties on consignees of animals and animal products (regulation 11), and specify the procedure to be followed in the case of illegal consignments (regulation 13). They give to inspectors the powers of inspection and examination specified in Directive 90/425/EEC, together with the necessary powers of entry (regulations 10 and 29).

With respect to the importation of animals from third countries, the Regulations prohibit the importation of any animal unless the conditions of Council Directive 91/496/EEC are complied with (regulation 16). They specify the places at which animals may be imported (regulation 17), and the procedure for importation (regulation 18), provide for the payment of fees (regulation 19) and the procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal (regulations 20 and 21) and specify that, at the place of destination, certain animals may not be released until authorised by an authorised officer of the National Assembly (regulation 22).

The Regulations also give powers to the National Assembly to take action in the event of an outbreak of disease in another state (regulation 27) and make provision for the notification of decisions, powers of entry and penalties.

Principal changes made by these Regulations
Regulation 2(2) implements the requirement in Article 12 of Regulation (EC) No. 998/2003 (OJ L146, 13.6.2003, p. 1) that where any person is travelling with more than 5 pets of certain species from certain third countries, those animals must be subject to the veterinary checks provided for in these Regulations, notwithstanding the general exemption for pets from veterinary checks in regulation 2(1).

These Regulations provide a statutory basis for the Poultry Health Scheme, which is implemented by the National Assembly in order to ensure compliance with the rules set out in Annex II to Council Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs) (OJ No. L303, 31.10.90, p. 6) (regulation 5(5) and Schedule 4). Hatching eggs, day-old chicks and poultry to which Article 6 of that Directive applies may only be exported to another member State if they come from an establishment that is a member of the Poultry Health Scheme. Applications for establishments to join the Scheme must be accompanied by a registration fee and members of the Scheme must pay an annual membership fee. The arrangements for the approval of laboratories to undertake Mycoplasma testing under the Poultry Health Scheme, including the details of the annual approval fee, are set out in regulation 9(4) and Schedule 5.

These Regulations implement Council Directive 2003/50/EC (amending Directive 91/68/EEC as regards reinforcement of controls on movements of ovine and caprine animals) (OJ No. L169, 8.7.2003, p. 51). The amended provisions of Directive 91/68/EEC relating to health controls for assembly centres, dealers and transporters, in the case of sheep and goats, are reflected in regulations 7 and 12, and Parts II and III of Schedule 3 to these Regulations.

Regulations 16(6), 18(1) and (3), 21(3) and 25 reflect the provisions of Commission Regulation (EC) No. 282/2004 (introducing a document for the declaration of, and veterinary checks, on animals from third countries entering the Community) (OJ No. L49, 19.2.2004, p. 11), including the requirements relating to the new "common veterinary entry document", which an importer must use to give notice of the importer's intention to import an animal into the Community from a third country, and which the official veterinarian must use to record his or her decision on the consignment.

Regulation 22 reflects the requirements of Article 7(ii) of Commission Decision 2004/212/EC (OJ No. L73, 11.3.2004, p. 11). Elephants and animals of the order Artiodactyla imported from third countries for certain purposes must be kept at their place of destination for 30 days and may not be released unless authorised by an authorised officer of the National Assembly. The order Artiodactyla includes animals commonly known as pigs, sheep, goats, cattle, camelids and hippopotamuses (this list is not exhaustive).

Schedules 1, 3, 6 (previously Schedule 4) and 7 (previously Schedule 5) also implement various Community instruments.

A regulatory appraisal has been prepared for these Regulations. Copies can be obtained from the Animal and Plant Health Division Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

Notes:

[1] S.I. 1999/2788.back

[2] 1972 c. 68.back

[3] OJ No. L224, 18.8.90, p. 29, as amended by and as read with the provisions listed in Schedule 1.back

[4] OJ No. L268, 24.9.91, p. 56, as amended by and as read with the provisions listed in Schedule 1.back

[5] OJ No. L73, Special Edition, 27.3.72.back

[6] OJ No. L1, 3.1.94, p. 1.back

[7] OJ No. C241, 29.8.94, p. 21, as amended by OJ No. L12, 1.1.95, p. 1.back

[8] OJ No. L236, 23.9.03, p. 33.back

[9] OJ No. L146, 13.6.2003, p. 1, as amended by Commission Regulation (EC) No. 592/2004 (OJ No. L94, 31.3.2004, p. 7).back

[10] OJ No. L46, 19.2.91, p. 1, as amended by and as read with the provisions listed in paragraph 8(1) of Part I of Schedule 3.back

[11] OJ No. L109, 25.4.97, p. 1, as amended by and as read with the provisions listed in paragraph 1 of Part I of Schedule 3.back

[12] OJ No. L268, 14.9.92, p.54, as amended by and as read with the provisions listed in paragraph 10 of Part I of Schedule 3.back

[13] OJ No. L303, 30.10.90, p. 6, as amended by and as read with the provisions listed in paragraph 6 of Part I of Schedule 3.back

[14] S.I. 1997/1480, to which there are amendments not relevant to these Regulations.back

[15] S.I. 1993/1898.back

[16] OJ No. L224, 1.8.90, p. 55, as amended by and as read with the provisions listed in paragraph 15 of Part I of Schedule 3.back

[17] S.I. 1995/539, to which there are amendments not relevant to these Regulations.back

[18] S.I. 1995/540, to which there are amendments not relevant to these Regulations.back

[19] OJ No. L224, 18.8.90, p. 29, as amended by and as read with the provisions listed in Schedule 1.back

[20] S.I. 1997/1729, as amended by S.I. 2001/3590.back

[21] OJ L49, 19.2.2004, p. 11.back

[22] S.I. 1974/2211; relevant amending instruments are S.I. 1977/361, 1984/1182, 1986/2062, 1999/3443 and 2004/2364.back

[23] OJ No. L340, 11.2.91, p.17, as amended by Council Directive 95/29/EC (OJ L148, 30.6.95, p. 52).back

[24] S.I. 2000/1673 back

[25] S.I. 2000/2266 back

[26] S.I. 2000/2524 back

[27] S.I. 2000/2900 back

[28] S.I. 2000/3128 back

[29] S.I. 2002/467 back

[30] S.I. 2002/956 back

[31] 1998 c.38.back

[32] OJ No. L16, 25.1.93, p. 18).back

[33] OJ No. L109, 25.4.97, p. 1, as amended by and as read with the provisions listed in paragraph 1 of Part I of Schedule 3.back

[34] OJ No. L46, 19.2.91, p. 19, as amended by and as read with the provisions listed in paragraph 9 of Part I of Schedule 3.back

[35] OJ No. L303, 30.10.90, p. 6), as amended by and as read with the provisions listed in paragraph 6 of Part I of Schedule 3.back

[36] www.defra.gov.uk.back

Cymraeg (Welsh)

ISBN 0 11 091103 2

Prepared 20 April 2005

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