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

SCHEDULE 3E+WINTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL REQUIREMENTS

PART I E+WLEGISLATION ON INTRA-COMMUNITY TRADE

Bovine animals and swineE+W

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—E+W

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 England 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 England 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 England 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 M1“.

(d)In the event of the prohibition on the export of cattle from England imposed by Commission Decision 98/256/EC on emergency measures to protect against Bovine Spongiform Encephalopathy (OJ No. L113, 15.4.98, p. 32) (as amended by Commission Decision 2002/670/EC (OJ No. L228, 24.8.2002, p. 22) being revoked so as to allow the despatch of cattle from Great Britain to another member State or a third country, such exports to the countries listed in Annexes I and II of Commission Decision 2004/215/EC (OJ L67, 5.3.2004, p. 24) must meet the additional conditions laid down in that Decision.

(e)In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (OJ No. L178, 17.7.2003, p. 28), the importation into England from the Italian region of Sardinia of animals of the suidae family is prohibited.

Marginal Citations

M1OJ No. L16, 25.1.93, p. 18).

Bovine semenE+W

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—E+W

Relevant provisions: Articles 3 and 6.

Bovine embryosE+W

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—E+W

Relevant provisions: Articles 3 and 6.

EquidaeE+W

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—E+W

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

(a)The requirements of Articles 4(1), 4(2) and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of registered horses accompanied by an identification document provided for in Council Directive 90/427/EEC (OJ No. L224, 18.8.90, p. 55).

(b)The derogation permitted under Article 7(2) shall not apply in relation to equidae brought into England.

Porcine SemenE+W

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—E+W

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

The official health certification accompanying all porcine semen imported into England 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 eggsE+W

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—E+W

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

(a)The official health certification accompanying breeding poultry exported from England to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 95/160/EC of 21 April 1995.

(b)The official health certification accompanying day-old chicks exported from England to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 95/160/EC of 21 April 1995.

(c)The official health certification accompanying laying hens exported from England to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 95/161/EC of 21 April 1995.

(d)The official health certification accompanying poultry for slaughter exported from England to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decisions 95/410/EC of 22 June 1995.

Animal wasteE+W

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—E+W

Relevant provision: Article 8.

FishE+W

Farmed fishE+W

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—

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 fishE+W

 

(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—

Relevant provisions: Article 4.

Live Bivalve molluscsE+W

 

(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—

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

Ovine and caprine animalsE+W

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—E+W

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

(a)Only uncastrated rams for breeding which have been tested for contagious epididimytis (Brucella ovis) in accordance with Article 6(c) of Council Directive 91/68/EEC may be imported into England.

(b)The official health certification accompanying all sheep and goats for fattening and breeding imported into England must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.

Other animals, semen, ova and embryosE+W

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—E+W

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

(a)By way of derogation from the requirements of Article 5(1), the Secretary of State may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual.

(b)The importation into England of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least one month.

(c)Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions.

PathogensE+W

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—E+W

Relevant provisions: Articles 6 and 7(1).

Pure-bred animals of the bovine speciesE+W

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—E+W

Relevant provisions: Articles 5 and 7.

Breeding animals of the porcine speciesE+W

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—E+W

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

Pure-bred breeding sheep and goatsE+W

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—E+W

Relevant provisions: Articles 3(2) and 6.

EquidaeE+W

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—E+W

Relevant provisions: Articles 6 and 8.

PART II E+WADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF CATTLE, PIGS, SHEEP AND GOATS

1.  Any person transporting cattle, pigs, sheep or goats in intra-Community trade shall do so in accordance with this Part.E+W

2.  He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall preserve the register for at least three years—E+W

(a)places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b)places and dates of delivery, and the name or business name and address of the consignee;

(c)species and number of animals carried;

(d)date and place of disinfection; and

(e)the unique identifying number of accompanying health certificates.

3.  He shall 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.E+W

4.  He shall give a written undertaking to the Secretary of State stating that—E+W

(a)all measures have been taken to ensure compliance with—

(i)in the case of cattle or pigs, Council Directive 64/432/EEC M2, and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(ii)in the case of sheep or goats, Council Directive 91/68/EEC M3, and in particular the provisions laid down in Article 8c of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

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

Marginal Citations

M2OJ 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.

M3OJ 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.

PART III E+WADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE, PIGS, SHEEP AND GOATS

1.  Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade shall comply with the provisions of this Part.E+W

2.—(1) The dealer shall—E+W

(a)be approved by the Secretary of State under this paragraph; and

(b)be registered with, and have a registration number issued by, the Secretary of State.

(2) The Secretary of State shall 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 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 shall ensure that he 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.E+W

4.  The dealer shall keep a record for all cattle, pigs, sheep and goats which he 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—E+W

(a)the name and address of the seller;

(b)the origin of the animals;

(c)the date of purchase;

(d)the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats;

(e)the registration number of the holding of origin or the herd of origin of pigs;

(f)the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable);

(g)the registration number of the transporter or the licence number of the vehicle delivering and collecting animals;

(h)the name and address of the buyer and the destination of the animals; and

(i)copies of route plans and numbers of health certificates.

5.  In the case of a dealer who keeps cattle, pigs, sheep or goats on his premises he shall ensure that-—E+W

(a)specific training in the care and welfare of animals is given to the staff in charge of the animals; and

(b)all necessary steps are taken to prevent the spread of disease.

6.—(1) The dealer shall only use premises approved for the purpose by the Secretary of State under this paragraph and which, in the case of a dealer in sheep and goats, are specified in an operational agreement.E+W

(2) The Secretary of State shall issue an approval number for premises approved under this paragraph.

(3) The Secretary of State shall 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.