The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 (revoked)

PART 1 E+W Introduction

Title, application, commencement and interpretation E+W

1.—(1) These Regulations may be cited as the Animals and Animal Products (Import and Export) (No. 2) Regulations 2004; they apply in relation to England only and come into force on 7th December 2004.

(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) M1 ; and

(b) Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) M2 ,

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

“assembly centre” means holdings, collection centres and markets at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade or which are used in the course of intra-Community trade, and which are approved by the Secretary of State in accordance with regulation 12;

“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;

“dealer” means—

(a)

in the case of cattle or pigs, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of those animals and who within 30 days of purchasing animals resells or relocates them to other premises not within his ownership; and

(b)

in the case of sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his ownership;

“European international instruments” means—

(a)

the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland M3 ;

(b)

the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation M4 ;

(c)

the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded M5 ; and

(d)

the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded M6 ;

“herd” or “flock” means a group of animals kept as an epidemiological unit;

“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority, and when used in relation to a person so appointed by the Secretary of State includes a veterinary inspector;

“local authority” means—

(a)

as respects each unitary authority, metropolitan district or non-metropolitan county, the council of that unitary authority, district or county;

(b)

as respects each London borough, the council of that borough, except in relation to imported live animals; and

(c)

as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;

“place of destination” means the address or addresses to which the consignment is consigned by the consignor;

“required consignment documentation” means any certificates or other documents that are required by these Regulations to accompany the consignment;

“veterinary inspector” means a person appointed as a veterinary inspector by the Secretary of State.

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

Marginal Citations

M1 OJ No. L224, 18.8.90, p. 29, as amended by and as read with the provisions listed in Schedule 1.

M2 OJ No. L268, 24.9.91, p. 56, as amended by and as read with the provisions listed in Schedule 1.

M3 OJ No. L73, Special Edition, 27.3.72.

M4 OJ No. L1, 3.1.94, p. 1.

M5 OJ No. C241, 29.8.94, p. 21, as amended by OJ No. L12, 1.1.95, p. 1.

M6 OJ No. L236, 23.9.03, p. 33.

Exception E+W

2.—(1) Subject to paragraph (2), these Regulations shall 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 responsibility more than five pets travelling together that—

(a) are each of a species listed in Annex I to Regulation (EC) No. 998/2003 M7 ; and

(b) come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003,

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

Marginal Citations

M7 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).

Enforcement E+W

3.—(1) Except where otherwise expressly provided, these Regulations shall be enforced by the local authority.

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