The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 3277

ANIMALS, ENGLAND

ANIMAL HEALTH

The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007

Made

14th November 2007

Laid before Parliament

16th November 2007

Coming into force

17th November 2007

The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community.

The Secretary of State makes these Regulations in exercise of the powers conferred by that section.

Title, application and commencement

1.  These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007, apply in England and come into force on 17th November 2007.

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

2.—(1) The Animals and Animal Products (Import and Export) (England) Regulations 2006(3) are amended as follows.

(2) In regulation 1(2), after the definition of “assembly centre”, insert—

““bluetongue susceptible animal” means any ruminating animal;”.

(3) In regulation 2, after paragraph (2) insert—

“(3) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No. 998/2003.”.

(4) For the heading of Part 3 substitute—

“Third Country Imports”.

(5) After regulation 27 insert—

“PART 4A Third Country Exports

Application of Part 4A

27A.   This Part shall apply in respect of any animal, semen, ovum or embryo exported other than to a member State.

Exports to third countries

27B.— (1) A person must not export any animal, semen, ovum or embryo to a third country unless it complies with the relevant provisions of the instrument listed in Schedule 8A.

(2) If an inspector has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation he may by notice served on that person, his representative or the person appearing to him to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal, semen, ovum or embryo to which it relates and arrange for the requirements of the notice to be complied with.”.

(6) At the end of Part I of Schedule 3, insert—

“Bluetongue susceptible animals

16.  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).

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.”.

(7) For the heading of Schedule 7 substitute—

“Community legislation in relation to imports from third countries”.

(8) After Schedule 8 insert—

“SCHEDULE 8A Community legislation in relation to exports to third countries

Bluetongue susceptible animals

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).

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.”.

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

14th November 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Animals and Animal Products (Import and Export) (England) Regulations 2006 (SI 2006/1471) (the “principal Regulations”), to take account of 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.

The amendments to the principal Regulations—

(a) regulate the export of live bluetongue susceptible animals, and their semen, ova and embryos to other member States and third countries (regulation 2(5), (6) and (8));

(b) provide powers for inspectors to prohibit exports to third countries, and seize consignments of live animals destined for third countries (regulation 2(5)); and

(c) define “pet” in regulation 2(3) of the principal Regulations (regulation 2(3)).

An impact assessment has not been prepared for these Regulations.

(1)

SI 1972/1811.

(2)

1972 c. 68.

(3)

SI 2006/1471 as last amended by SI 2007/1621.