The Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 2) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, implement Commission Decision 2002/48/EC of 23rd January 2002 (amending for the seventh time Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (OJ No. L21, 24.1.2002, p. 29)). They revoke and replace the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2002 (S. I. 2002/8 (W.1)) and the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (Amendment) Regulations 2002 (S. I. 2002/85 (W.9)).

They regulate—

• the importation of live animals (regulation 4 and Schedules 1, 2 and 3)

• the dispatch of live animals (regulation 5)

• the dispatch of fresh meat (including minced meat and meat preparations) from bovine, ovine, caprine and porcine animals, and provide that meat from porcine animals can be exported subject to conditions (regulation 6 and Schedule 2)

• the dispatch of meat products, milk, and milk products (regulations 7, 8 and 9)

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

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

They provide powers for enforcement, and powers for officers of HM Customs and Excise (regulations 17, 18 and 19) and create an offence of obstruction (regulation 22).

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

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

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

The Regulations are enforced by the Secretary of State or the local authority (regulation 27).

A regulatory appraisal has not been prepared for these Regulations.

These Regulations apply until midnight on 31st March 2002.