The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007

Title, application and commencement

1.  These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007; they apply in relation to England only and come into force on 1st July 2007.

Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006

2.  The Animals and Animal Products (Import and Export) (England) Regulations 2006(1) are amended as follows.

3.—(1) Regulation 1 is amended as follows.

(2) In paragraph (2)—

(a) for the definition of “captive bird”, substitute—

““captive birds” means birds as defined in Article 3(a) of Commission Regulation (EC) No. 318/2007(2)”;

(b) after the definition of “inspector”, insert—

““inspector rate” is the rate determined under regulation 31(2)(a);”;

(c) for the definitions of “quarantine centre” and “quarantine facility”, substitute—

““quarantine centre” in relation to captive birds and “quarantine facility” mean a centre or facility, as the case may be, for which approval is required for the purposes of Article 11 of Commission Regulation (EC) No. 318/2007;”.

(d) in the definition of “quarantine manager” for “regulation 19(11)” substitute “regulation 19(10)”.

(3) In paragraph (3)—

(a) omit the definition of “Commission Decision 2000/666/EC”; and

(b) after the definition of “Commission Regulation (EC) No. 282/2004”, insert—

““Commission Regulation (EC) No. 318/2007” means Commission Regulation (EC) No. 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof;”;

(4) In paragraph (4), for “Commission Decision 2000/666/EC”, substitute “Commission Regulation (EC) No. 318/2007.”.

4.  After regulation 5(6) insert—

“(7) For the purposes of Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States(3) the Secretary of State is the competent authority, and may charge such fee as he considers will enable him to meet the expenses incurred by him when registering a circus or animal act under Article 4 of that Regulation.

(8) Such fee shall be paid by the applicant for registration and shall be due after submission of the application upon the written demand of the Secretary of State;

(9) A demand under paragraph (8) may be addressed to the applicant concerned at his last known address, whether or not it is his address for business.

(10) No operator may contravene Article 8(3) of Commission Regulation (EC) No. 1739/2005 (obliging operators of circuses, and animal acts to which the Regulation applies, to retain for at least five years the information in their registers of animals and of venues).

(11) In paragraph (8), “operator” means a circus operator within the meaning of Commission Regulation (EC) No. 1739/2005, or the operator of an animal act in so far as that Regulation applies to him.”.

5.  In regulation 9—

(a) in paragraph (4), after “Mycoplasma” insert “and Salmonella”;

(b) omit paragraph (5).

6.  In regulation 16, for paragraph (4), substitute—

“(4) No person may import a captive bird unless it is from an approved breeding establishment as defined in Article 3(b) of Commission Regulation (EC) No. 318/2007.”.

7.  In regulation 18, for paragraph (3), substitute—

“(3) In relation to a captive bird, the importer or his agent shall at the expense of the importer ensure that—

(a) the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine centre or approved quarantine facility in accordance with Article 7 of Commission Regulation (EC) No. 318/2007 (which provides for the direct transport of birds to approved quarantine facilities or centres); and

(b) the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Article 11(1) of Commission Regulation (EC) No. 318/2007 (which requires birds to be quarantined for at least 30 days).”.

8.  For regulation 19, substitute—

“Quarantine of captive birds

19.— (1) No person may operate a quarantine centre or quarantine facility for the quarantine of captive birds pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007 unless the quarantine centre or quarantine facility has been approved by the Secretary of State.

(2) Schedule 8 (quarantine of captive birds) has effect.

(3) A quarantine manager shall—

(a) ensure that the quarantine centre or quarantine facility is maintained and operated in accordance with—

(i) the minimum conditions in Chapter 1 of Annex IV to Commission Regulation (EC) No. 318/2007 (requirements as to construction and equipment);

(ii) paragraph (1)(a) and (c) of Chapter 2 of that Annex (management requirements); and

(iii) any other conditions attached to an approval granted under this regulation;

(b) provide such information to the Secretary of State as the latter may request to enable him to comply with Article 17(2) of Commission Regulation (EC) No. 318/2007 (requiring annual reports from member States to the European Commission as to the number of imported birds, mortality rates and confirmed cases of disease);

(c) provide such assistance to any veterinary inspector carrying out the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 as that veterinary inspector may reasonably require.

(4) In relation to any consignment of captive birds placed in quarantine pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007, the quarantine manager shall—

(a) ensure compliance with the following Articles of that Commission Regulation—

(i) 10(1)(b) (requiring notification of the arrival of a consignment at the quarantine centre or quarantine facility);

(ii) 11(1);

(iii) 12(2) and (3) (imposing requirements in relation to the use of sentinel birds); and

(iv) 15 (requiring action where Chlamydophyla psittaci is suspected);

(b) ensure there is surveillance of the captive birds during their quarantine which is adequate for the purposes of the Regulation, and consult with and seek the supervision of a veterinary inspector in respect of any analyses or treatments required under the Regulation;

(c) ensure compliance with the management requirements in paragraphs 2 to 10, and 12 to 15 of Chapter 2 of Annex IV to the Regulation;

(d) where any captive bird or sentinel bird dies during quarantine, make its carcase available to the veterinary inspector for examination in the official laboratory.

(5) No person may—

(a) contravene any requirement in paragraphs 4 to 6 of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007;

(b) in relation to a captive bird or a sentinel bird which dies during quarantine, remove or dispose of its carcase during the quarantine of captive birds, unless he is authorised to do so by a veterinary inspector;

(c) release captive birds in breach of Article 16 of Commission Regulation (EC) No. 318/2007 (requiring written authorisation by the official veterinarian for the release of birds from quarantine).

(6) A person is unauthorised for the purpose of paragraph 4 of Chapter 2 of Annex IV to Commission Regulation (EC) No 318/2007 (which prohibits unauthorised persons from entering quarantine centres and quarantine facilities), unless, in relation to a quarantine centre or quarantine facility—

(a) he is the quarantine manager;

(b) he is a member of staff who enters with the authority of the quarantine manager;

(c) he has been authorised to enter by the Secretary of State or by a veterinary inspector; or

(d) he otherwise enters in fulfilment of a statutory function in relation to animal health, animal welfare or species conservation which he is appointed by the Secretary of State or by the local authority to perform.

(7) In so far as not provided for under regulation 30, a veterinary inspector may, in relation to the quarantine of captive birds,—

(a) enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation, or to assess whether it is appropriate to grant such an approval;

(b) inspect and arrange for copies to be taken of any documents or records (including those in electronic form) which he reasonably considers relevant for checking compliance as described in sub-paragraph (a); and

(c) take samples and carry out official veterinary supervision.

(8) A veterinary inspector exercising powers under this regulation shall produce, if required to do so, some duly authenticated document showing his authority to exercise those powers.

(9) For the purposes of sampling and testing required under or in connection with Commission Regulation (EC) No. 318/2007, the Veterinary Laboratories Agency (an executive agency of Defra) is the official laboratory.

(10) In this regulation and Schedule 8—

(a) “official veterinary supervision” means the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 in relation to a consignment of captive birds to which Article 11(1) of that Commission Regulation applies;

(b) “quarantine manager” means the person in charge of a quarantine centre or quarantine facility for which approval is required pursuant to Article 11 of Commission Regulation (EC) No. 318/2007;

(c) references to sampling and the taking of samples are to the taking of samples required under that Commission Regulation, or which are taken for purposes of reaching a suspected or confirmed diagnosis of Chlamydophyla psittaci.”.

9.  In regulation 21, for paragraphs (2) and (3), substitute—

“(2) A veterinary inspector —

(a) shall take or require to be taken, the action required under Article 13(1) and (2) of Commission Regulation (EC) No. 318/2007 in relation to avian influenza or Newcastle disease suspected at a quarantine centre or quarantine facility where captive birds are quarantined, imposing such restrictions as are required by that Article;

(b) shall, where the Secretary of State grants a derogation provided for in Article 14 of that Commission Regulation (relating to findings of low pathogenic avian influenza or Newcastle disease), take or require to be taken such further measures and impose such restrictions as are required under Article 14;

(c) who requires action to be taken by, or imposes restrictions upon, a quarantine manager or other person under this paragraph, shall do so by serving notice specifying the action or restrictions to be taken or observed.

(3) In the event of non-compliance by a quarantine manager with Article 15 of Commission Regulation (EC) No. 318/2007 (requiring treatment of birds suspected of infection with Chlamydophyla psittaci), a veterinary inspector may treat the captive birds concerned, or cause them to be treated, as required by Article 15, and shall serve notice extending the period of quarantine required under Commission Regulation (EC) No. 318/2007.”.

10.  For regulation 31, substitute—

“Recovery of expenses and determination of charges

31.— (1) The consignor, his representative and the person in charge of any animal or animal product shall be 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 that animal or animal product.

(2) In relation to any activity undertaken by an inspector for which a charge may be made at the inspector rate—

(a) the Secretary of State shall determine a rate which represents the reasonable costs and expenses incurred in employing an inspector to undertake that activity during any given unit of time;

(b) the Secretary of State shall publish the current inspector rate on the Defra website;

(c) time charged at the inspector rate shall be charged in units of no more than half an hour.”.

11.  In regulation 34, for paragraph (2), substitute—

“(2) The provisions referred to in paragraph (1) are those contained in—

(a) regulation 5(8);

(b) paragraph 6 of Part I of Schedule 4;

(c) paragraphs 2 and 7 of Part I of Schedule 5;

(d) paragraphs 7(7), 8(5) and 9(3) of Part II of Schedule 8.”.

12.  For regulation 35, substitute—

“Disapplication of provisions

35.   To the extent specified in column 3 of the table in Schedule 9, and subject to paragraph (1), the provisions of the legislation listed in Schedule 9 shall not apply to—

(a) imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies; or

(b) imports of an animal to which an instrument in Schedule 7 applies from a country subject to that instrument.”.

13.  In Part I of Schedule 3, after paragraph 10, insert—

“Circuses and animal acts

10A.  Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circuses between member States.

Relevant provisions in that instrument: Articles 8(2), 9 and 10(1) and (3).”.

14.—(1) Schedule 5 is amended as follows.

(2) For Part I, substitute—

“PART I APPROVAL

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.

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

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

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

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.

6.   The Secretary of State—

(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.”.

(3) In Part II, for paragraph 1, substitute—

“1.   The Secretary of State—

(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.”.

15.—(1) Schedule 7 is amended as follows.

(2) In Part I, for paragraph 3, substitute—

“Captive Birds

3.  Commission Regulation (EC) No. 318/2007, as read with Commission Decision 2006/696/EC laying down a list of third countries from which poultry, hatching eggs, day-old chicks, meat of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs may be imported into and transit through the Community and the applicable veterinary certification conditions, and amending Decisions 93/342/EEC, 2000/585/EC and 2003/812/EC (4).”.

(3) In Part II, for paragraph 6, substitute—

“Captive Birds

6.  Instrument: Commission Regulation (EC) No. 318/2007, as read with Council Directive 92/65/EEC.

Relevant provisions in that instrument: Articles 4, 5 and 8.”.

16.  For Schedule 8, substitute the Schedule to these Regulations.

17.  For the text in the third column of the fifth entry in Schedule 9, substitute—

“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.”.

Revocation

18.  The Animals and Animal Products (Import and Export) (England) (Imports of Captive Birds) Regulations 2007(5) are revoked.

Ian Pearson

Minister of State

Department for Environment, Food and Rural Affairs

27th May 2007

Dave Watts

Frank Roy

Two of the Lords Commissioners of Her Majesty’s Treasury

5th June 2007