The Animals and Animal Products (Import and Export) (England) Regulations 2006 (revoked)

Regulation 1(5)

F1 SCHEDULE 1 E+W+S Amendments to Council Directives 90/425/EEC and 91/496/EEC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 revoked (15.1.2009) by The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008 (S.I. 2008/3203), regs. 1(c), 2(5)

Regulation 1(2)

[F2 SCHEDULE 2 U.K. Border Inspection Posts

Textual Amendments

F2 Schs. 2, 3 substituted (15.1.2009) by The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008 (S.I. 2008/3203), regs. 1(c), 2(6), Sch.

Border inspection post	Animals that may be imported
(i) Ungulates include registered equidae as defined in Council Directive 90/426/EEC (OJNo. L224, 18.8.90, p. 42 as last amended by Council Directive 2006/104/EC, OJ No L 363, 20.12.2006, p. 352).
(ii) Stansted Airport is not a border inspection post for any species of animal specified in the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (S. I. 1974/2211).]
Gatwick Airport	All animals other than ungulates
Heathrow Airport	All animals
Manchester Airport	live fish, reptiles, invertebrates
Stansted Airport	Ungulates

Regulation 4

[F2 SCHEDULE 3 U.K. Intra-Community trade: legislation and additional requirements

[F3 PART I U.K. Legislation in Relation to Intra-Community Trade

Textual Amendments

F3 Sch. 3 Pt. I substituted (29.7.2010) by The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2010 (S.I. 2010/1760), regs. 1(c), 4

Bovine animals and swine U.K.

1.   Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine.

Bovine semen U.K.

2.   Council Directive 88/407/EEC laying down the animal health conditions applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species.

Bovine embryos U.K.

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.

Equidae U.K.

4.   Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries.

5.   Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae.

Porcine semen U.K.

6.   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.

Poultry and hatching eggs U.K.

7.   Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs.

Animal waste U.K.

8.   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.

Fish U.K.

9.   Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals.

10.   Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC.

11.  Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.

Ovine and caprine animals U.K.

12.   Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals.

Other animals, semen, ova and embryos U.K.

13.   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.

Circuses and animal acts U.K.

14.  Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States.

Pathogens U.K.

15.   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.

Pure-bred animals of the bovine species U.K.

16.   Council Directive 2009/157/EC on pure-bred breeding animals of the bovine species.

Breeding animals of the porcine species U.K.

17.   Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species.

Pure-bred breeding sheep and goats U.K.

18.   Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats.

Bluetongue susceptible animals U.K.

19.  Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue.

Transmissible spongiform encephalopathies U.K.

20.   Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies.

21.   Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to the BSE risk.]]

Regulations 5(5)

SCHEDULE 4 E+W+S The Poultry Health Scheme

PART I E+W+S MEMBERSHIP

1.  Any reference to “the Directive” in this Part of this Schedule is a reference to [F4 Council Directive 2009/158/EC]. E+W+S

Textual Amendments

F4 Words in Sch. 4 para. 1 substituted (29.7.2010) by The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2010 (S.I. 2010/1760), regs. 1(c), 3(2)(b)

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

3.  The Secretary of State shall only grant membership of the Scheme to an establishment if— E+W+S

(a) he is satisfied, following an inspection by a veterinary inspector, that—

(i) the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and

(ii) the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and

(b) the operator of the establishment, having been notified that the Secretary of State 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 shall 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 believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment. E+W+S

5.  On receipt of the first annual membership fee, the Secretary of State shall issue the establishment's membership certificate, which shall include the establishment's membership number. E+W+S

6.  The operator of an establishment that is a member of the Scheme shall pay the annual membership fee each year, and shall pay any re-inspection fee when it becomes due. E+W+S

7.  In order to ensure that operators and their establishments continue to meet the requirements for membership of the Scheme, and generally to ensure compliance with the Directive — E+W+S

(a) a veterinary inspector (whether employed by Defra or not) shall carry out an annual veterinary inspection of the establishment; and

(b) a veterinary inspector employed by Defra shall carry out any additional inspections (in so far as not provided for under paragraph 8) which the Secretary of State considers necessary.

8.  Without prejudice to any action which may be taken under paragraph 9, where, at the annual veterinary inspection of an operator's establishment, that operator or his establishment do not appear to the Secretary of State to meet the requirements either for membership of the Scheme or of the Directive, a veterinary inspector employed by Defra shall carry out such additional inspections (“re-inspections”) as the Secretary of State considers necessary to ensure compliance on the part of that operator and his establishment with those requirements, in which case a re-inspection fee shall— E+W+S

(a) be charged for each such re-inspection; and

(b) become due upon the receipt by the operator concerned of an invoice for that fee.

9.  The Secretary of State— E+W+S

(a) shall suspend, revoke or restore membership in accordance with Chapter IV of Annex II to the Directive (references to “withdrawal” in that Chapter shall be read as references to “revocation” for the purposes of this paragraph);

(b) may suspend or revoke membership if—

(i) an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;

(ii) the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;

(iii) ownership or control of an establishment changes; or

(iv) the operator has not paid the annual membership fee or if a re-inspection fee remains unpaid 30 days after becoming due.

PART II E+W+S REGISTRATION FEE

1.  The Secretary of State shall— E+W+S

(a) determine the registration fee on the basis of the cost attributable to each application of the items listed in paragraph 3; and

(b) publish the current registration fee on Defra's website M1 .

Marginal Citations

M1 www.defra.gov.uk.

2.  The registration fee shall be payable to the Secretary of State in respect of each establishment for which an application is made and shall be non-refundable. E+W+S

3.  The items referred to in paragraph 1(a) are— E+W+S

(a) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of—

(i) any person involved directly in processing applications for membership of the Scheme;

(ii) any person engaged in managing the processing of such applications; and

(iii) any veterinary inspector who carries out a veterinary inspection at an applicant establishment;

(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 Scheme.

PART III E+W+S ANNUAL MEMBERSHIP FEE

1.  There shall be 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 Defra, and a lower rate which does not include the cost of such an inspection. E+W+S

2.  The lower rate shall be payable— E+W+S

(a) the first time the annual membership fee is paid (the cost of the first annual veterinary inspection having been included in the registration fee); and

(b) in subsequent years where the operator of the establishment has elected for the annual veterinary inspection to be carried out by a veterinary inspector who is not employed by Defra.

3.  The Secretary of State shall— E+W+S

(a) determine the two rates of the annual membership fee on the basis of the cost attributable to each establishment of the items listed in paragraph 5; and

(b) publish the current rates of the annual membership fee on Defra's website.

4.  The annual membership fee shall be payable to the Secretary of State in respect of each establishment and shall be non-refundable. E+W+S

5.  The items referred to in paragraph 3(a) are (subject to paragraph 6)— E+W+S

(a) salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of—

(i) any person directly involved in the administration of the Scheme (including corresponding with and responding to queries from members, producing guidance, and arranging inspections of establishments);

(ii) any person engaged in managing the administration of the Scheme;

(iii) any veterinary inspector employed by Defra who carries out the annual veterinary inspection of an establishment or additional inspections during the year ;

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

(c) travel and related incidental expenses incurred in the administration of the Scheme (including veterinary inspections of establishments), except where incurred by a person attending his 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 Scheme.

6.  The items listed in paragraph 5 shall not include any expense or cost which relates to the administration of, travel for the purposes of, and attendance at, re-inspections in so far as that expense or cost is recoverable under Part IV of this Schedule. E+W+S

PART IV E+W+S RE-INSPECTION FEE

1.  The re-inspection fee provided for under paragraph 8, Part I of this Schedule shall be composed of— E+W+S

(a) a charge for the veterinary inspector's time spent at the operator's establishment carrying out the re-inspection, the rate for which charge shall be £45 per hour or part thereof; and

(b) a charge for mileage, that is, for each mile travelled by the veterinary inspector to and from the operator's establishment in order to carry out the re-inspection, the rate for which charge shall be 33 pence per mile.

2.  The Secretary of State may, using such criteria as he considers appropriate in all the circumstances, reduce the charge for mileage under paragraph 1(b) in respect of any particular re-inspection in order to avoid an over-recovery of mileage costs incurred for a journey in the course of which other official activity is undertaken in addition to that re-inspection. E+W+S

Regulation 9(4)

SCHEDULE 5 E+W+S Approval of Laboratories under the Poultry Health Scheme

[F5 PART I U.K. APPROVAL

Textual Amendments

F5 Sch. 5 Pt. I substituted (1.7.2007) by The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (S.I. 2007/1621), regs. 1, 14(2)

1.   The Secretary of State may approve any laboratory that he considers to be suitable for the purposes of carrying out Mycoplasma or Salmonella testing under the Poultry Health Scheme. U.K.

2.   The operator of a laboratory approved under paragraph 1 shall pay the annual approval fee each year. U.K.

3.   The annual approval fee is the fee provided for in Part II. U.K.

4.   An inspector shall carry out inspections and quality assurance testing as the Secretary of State considers necessary. U.K.

5.   In so far as such costs have not been taken into account in determining the annual approval fee, the Secretary of State may make a charge at the inspector rate for an inspector’s time in carrying out inspections at laboratories. U.K.

6.   The Secretary of State— U.K.

(a) may charge a fee for the provision of samples for quality assurance testing for the purposes of—

(i) assessing an application for an approval under this Schedule;

(ii) assessing whether an approved laboratory remains suitable for approval (in so far as such costs have not been taken into account in determining the annual approval fee); and

(iii) assessing whether suspension of such an approval should be lifted; and

(b) shall publish on the Defra website the current fees which may be charged under this paragraph.

7.   A fee charged under paragraphs 4, 5 or 6 shall be paid by the operator of the laboratory concerned and payment shall be due upon written demand.] U.K.

PART II E+W+S ANNUAL APPROVAL FEE

[F6 1.   The Secretary of State— E+W+S

(a) shall determine the annual approval fee on the basis of the cost attributable to each laboratory of the items listed in paragraph 3;

(b) may determine different annual approval fees depending on whether the approval relates to:

(i) bacteriological testing for Mycoplasma only;

(ii) serological testing for Mycoplasma only;

(iii) bacteriological testing for Salmonella only;

(iv) serological testing for Salmonella only; or

(v) a combination of (i) to (iv); and

(c) shall publish the current annual approval fee or fees on the Defra website.]

Textual Amendments

F6 Sch. 5 Pt. 2 para. 1 substituted (1.7.2007) by The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (S.I. 2007/1621), regs. 1, 14(3)

2.  The annual approval fee shall be payable to the Secretary of State in respect of each approved laboratory and shall be non-refundable. E+W+S

3.  The items referred to in paragraph 1(a) are— E+W+S

(a) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of—

(i) any person directly involved in the administration of the approval of laboratories;

(ii) any person engaged in the management or administration of this work; and

(iii) any veterinary inspector who carries out inspections of laboratories;

(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 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.

Regulation 13(1)

SCHEDULE 6 E+W+S 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

Regulation 16

[F7 SCHEDULE 7 E+W+S EU legislation in relation to imports from third countries

Textual Amendments

F7 Sch. 7 substituted (29.7.2010) by The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2010 (S.I. 2010/1760), regs. 1(c), 5

PART I E+W+S Instruments specifying Third Countries and territories in Third Countries from which Member States may authorise certain imports

Cloven-hoofed animals and elephants and zoo ungulates E+W+S

1.  Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements.

Poultry E+W+S

2.  Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements.

Captive birds E+W+S

3.  Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof.

Shellfish and finfish E+W+S

4.  Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.

Bees E+W+S

5.  Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements.

Equidae E+W+S

6.   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.

7.   Commission Decision 2010/57/EU laying down health guarantees for the transit of equidae being transported through the territories listed in Annex I to Council Directive 97/78/EC.

Cats, dogs and ferrets E+W+S

8.   Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres.

PART II E+W+S Detailed provisions

Cloven-hoofed animals and elephants and zoo ungulates E+W+S

9.  Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements.

Zoo ungulates E+W+S

10.   Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals.

General provisions for equidae E+W+S

11.   Council Directive 90/426/EEC on heal th conditions governing the movement of equidae and their import from third countries.

12.   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.

Temporary admission of registered horses E+W+S

13.   Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses.

Registered horses for racing etc, upon re-entry E+W+S

14.   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.

Equidae for slaughter E+W+S

15.   Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter.

Registered equidae and equidae for breeding and production E+W+S

16.   Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production.

Poultry E+W+S

17.   Council Directive 2009/158/EC on animal health conditions governing intra-Commuity trade in, and imports from third countries of, poultry and hatching eggs.

18.  Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements.

Other specified animals, semen, ova and embryos E+W+S

19.   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.

Captive birds E+W+S

20.  Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof.

Cats, dogs and ferrets E+W+S

21.   Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres.

Live animals from New Zealand E+W+S

22.   Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand.

Zootechnical conditions E+W+S

23.   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.

Transmissible spongiform encephalopathies E+W+S

24.   Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies.

25.   Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to the BSE risk.]

Regulation 19

SCHEDULE 8 E+W+S [F8 Quarantine of Captive Birds

Textual Amendments

F8 Sch. 8 substituted (1.7.2007) by The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (S.I. 2007/1621), regs. 1, 16, Sch.

PART I E+W+S Approvals

1.   The Secretary of State— E+W+S

(a) may, if he is satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of a quarantine centre or a quarantine facility for which the quarantine manager has charge and which at least meets the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007;

(b) shall comply with Chapter 3 of that Annex in relation to the suspension, revocation or reinstatement of such an approval.

2.   The Secretary of State shall give reasons in writing— E+W+S

(a) for refusing an application for an approval;

(b) for attaching conditions to an approval.

3.   Notice of a revocation or suspension of an approval shall— E+W+S

(a) take effect when it is served, unless otherwise stated in the notice;

(b) state—

(i) the reasons for the revocation or suspension, and

(ii) the time and date when it is to take effect;

(c) be served upon the quarantine manager—

(i) in person, or by leaving it at the quarantine centre or quarantine facility concerned; or

(ii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned, in which case it shall be deemed to be served at noon on the second day after posting it; and

(d) be copied to the importer, and so far as is practicable, if the importer is not the owner of the birds concerned, to the owner, of captive birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

4.   Where an approval is revoked or is to be revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would in the opinion of a veterinary inspector cause a significant public or animal health risk, he may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served and copied to any importer and owner concerned as if it were a notice to which paragraph 3(c) and (d) applied. E+W+S

PART II E+W+S Charges in relation to approvals of avian quarantine centres and facilities, official supervision, sampling and laboratory testing

General charging provisions E+W+S

5.   Using such criteria as he considers appropriate in all the circumstances to avoid an over-recovery of costs for which a charge is made under this Schedule, the Secretary of State may make a reduced charge, if during a veterinary inspector’s attendance at a quarantine centre or quarantine facility he undertakes official activity for which a charge may be made to another party under this Schedule.

6.   A demand for payment of charges made under this Schedule may be addressed to the importer or quarantine manager concerned, as appropriate, at his last known address, whether or not it is his address for business.

Charges relating to approvals E+W+S

7.— (1) The Secretary of State may make a charge in connection with the granting, suspension, amendment or revocation of an approval under regulation 19 and this Schedule in accordance with this paragraph.

(2) A fee (“the approval administration fee”) may be charged in relation to the receipt and processing of an application for —

(a) an approval;

(b) the lifting of the suspension of an approval; or

(c) the lifting of or amendment of conditions attached to an approval.

(3) The Secretary of State shall from time to time determine the fee for each type of application described in sub-paragraph (2) and shall publish the current fee on the Defra website.

(4) The approval administration fee for any type of application shall represent costs and expenses which the Secretary of State reasonably considers attributable to the receipt and processing of an application of that type.

(5) The inspector rate may be charged for time spent by a veterinary inspector inspecting premises to assess compliance with the minimum approval conditions.

(6) The Secretary of State may make a charge at no more than the inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises for purposes of inspecting them to assess compliance with the minimum approval conditions.

(7) Charges and fees under this paragraph shall be paid by the quarantine manager and shall be due upon written demand.

(8) In this paragraph—

(a) “approval” means an approval as provided for in regulation 19 and this Schedule;

(b) “minimum approval conditions” means the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007.

Charges for official veterinary supervision and sampling E+W+S

8.— (1) The Secretary of State shall make a charge at the inspector rate for time spent by a veterinary inspector at a quarantine centre or quarantine facility in relation to any consignment of captive birds placed in quarantine pursuant to regulation 19—

(a) carrying out official veterinary supervision; or

(b) taking samples.

(2) The Secretary of State may make a charge at no more than the inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises to carry out official veterinary supervision or take samples.

(3) The Secretary of State may make a charge for the administrative costs of official supervision and the taking of samples (“the consignment administration fee”).

(4) The Secretary of State shall—

(a) from time to time determine the consignment administration fee in relation to consignments of different types and sizes as representing the costs and expenses which the Secretary of State reasonably considers attributable to the administration of official supervision and the taking of samples in relation to a type or size of consignment, including the recovery of costs provided for under this Part; and

(b) publish the current fee on the Defra website.

(5) Charges under this paragraph shall be paid by the importer and shall be due upon written demand.

Charges for testing of samples by the official laboratory E+W+S

9.— (1) The Secretary of State may make a charge for the testing of samples.

(2) The Secretary of State shall—

(a) from time to time determine the fee for each type of test as representing the costs and expenses which the Secretary of State reasonably considers attributable to the undertaking by the official laboratory of a test of that type; and

(b) publish the current fee on the Defra website.

(3) Charges under this paragraph shall be paid by the importer and shall be due upon written demand.

(4) In this paragraph “testing of samples” means testing and analysis of samples carried out by the official laboratory pursuant to Articles 12 to 15 of and Annex VI to Commission Regulation (EC) No. 318/2007, and includes the removal of tissue post mortem.]

[F9 SCHEDULE 8A E+W+S Community legislation in relation to exports to third countries

Textual Amendments

F9 Sch. 8A inserted (17.11.2007) by The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007 (S.I. 2007/3277), regs. 1, 2(8)

Bluetongue susceptible animals E+W+S

1.   Instrument: Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (OJ No. L283, 27.10.2007, p. 37). E+W+S

Relevant provisions in that instrument: Articles 7(1), 7(2), 7(4), 8(1), 8(3), 8(4)(a) and (b), 8(6) and 9, and Annex III.]

Regulation 35(3)

SCHEDULE 9 E+W+S 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	SI 1965/2040	The whole Order
The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 as amended	SI 1974/2211 as amended by SI 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	SI 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	SI 1979/1702	[F10 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— (a) those subject to the provisions of Council Directive 90/539/EEC (excluding domestic fowl), (b) those birds and their hatching eggs traded within the Community which are subject to the provisions of Council Directive 92/65; and (c) captive birds whose import is provided for in Article 4 of Commission Regulation (EC) No. 318/2007.]
The Importation of Embryos, Ova and Semen Order 1980 as amended by the Importation of Embryos, Ova and Semen (Amendment) Order 1984	SI 1980/12 as amended by SI 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— (f) bovine semen which is the subject of Council Directive 88/407/EEC; (g) bovine embryos which are the subject of Council Directive 89/556/EEC; (h) porcine semen which is the subject of Council Directive 90/429/EEC; (i) equine ova and embryos which are the subject of Commission Decision 95/294/EC; (j) (e) equine semen which is the subject of Commission Decision 95/307/EC; (k) ovine and caprine semen, ova and embryos which are the subject of Commission Decision 95/388/EC; and (l) porcine ova and embryos which are the subject of Commission Decision 95/483/EC.
The Diseases of Fish Regulations 1984	SI 1984/455	Regulations 2 and 5
The Importation of Bovine Semen Regulations 1984	SI 1984/1325	The whole instrument
The Shellfish and Specified Fish (Third Country Imports) Order 1992	SI 1992/3301	The whole Order

Textual Amendments

F10 Words in Sch. 9 substituted (1.7.2007) by The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (S.I. 2007/1621), regs. 1, 17