The Animals and Animal Products (Import and Export) (Wales) Regulations 2006

PART 1 E+W Introduction

Title, application, commencement and interpretation E+W

1.—(1) The title of these Regulations is the Animals and Animal Products (Import and Export) (Wales) Regulations 2006, they apply in relation to Wales and come into force on 15 June 2006.

(2) In these Regulations—

“Approved assembly centre” means an assembly centre approved by the National Assembly in accordance with regulation 12;

“artiodactyla” means the order of mammals that comprise cattle, sheep, antelopes, deer, giraffes, camels, pigs, hippopotamuses and their cross breeds;

“assembly centre” means any holding, collection centre or market 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 is used in the course of intra-Community trade;

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

“captive bird” means a bird whose import is subject to the requirements of Commission Decision 2000/666/EC M1 ;

“dealer” means—

(a)

in relation to 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 or her ownership; and

(b)

in relation to 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 or her ownership;

“Defra” means the Department for Environment, Food and Rural Affairs;

“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 M2 ;

(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 M3 ;

(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 M4 ; 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 M5 ;

“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 National Assembly or a local authority, and when used in relation to a person so appointed by the National Assembly includes a veterinary inspector;

“local authority” means in relation to an area the county council or county borough council for that area;

“National Assembly” means the National Assembly for Wales;

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

“quarantine centre” and “quarantine facility” in relation to captive birds have the meanings given in Commission Decision 2000/666/EC, and references in that Decision and in these Regulations to an “approved quarantine centre” and an “approved quarantine facility” are to be construed as referring to such a centre or facility which is approved in accordance with regulation 19 and Schedule 8;

“quarantine manager” in relation to captive birds has the meaning given in regulation 19(11);

“re-inspection” in relation to the Poultry Health Scheme means an additional inspection described in paragraph 8 of Part I, Schedule 4, and “re-inspection fee” is the fee provided for in that paragraph;

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

“veterinary inspector” means a person appointed as a veterinary inspector by the National Assembly.

(3) Unless the context otherwise requires, references in these Regulations to the European Union legislation listed in this paragraph are to be construed as follows—

“Commission Decision 2000/666/EC” means Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine M6 , as amended by and as read with the instruments listed in paragraph 6 of Part II of Schedule 7;

“Commission Decision 2006/115/EC” means Commission Decision 2006/115/EC concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC M7 as amended by Commission Decision 2006/277/EC M8 ;

“Commission Regulation (EC) No. 282/2004” means Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community M9 ;

“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine M10 as amended by and as read with the instruments listed in paragraph 1 of Part I of Schedule 3;

“Council Directive 90/425/EEC” has the meaning given in paragraph (5)(a);

“Council Directive 90/427/EEC” means Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae M11 , as amended by and as read with the instruments listed in paragraph 15 of Part I of Schedule 3;

“Council Directive 90/539/EEC” means Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M12 , as amended by and as read with, in relation to intra-Community trade with the instruments listed in paragraph 6 of Part I of Schedule 3 and in relation to imports from third countries, the instruments listed in paragraph 4 of Part II of Schedule 7;

“Council Directive 91/67/EEC” means Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products M13 , as amended by and as read with the instruments listed in paragraph 8(1) of Part I of Schedule 3;

“Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals M14 as amended by and as read with the instruments listed in paragraph 9 of Part I of Schedule 3;

“Council Directive 91/496/EEC” has the meaning given in paragraph (5)(b);

“Council Directive 92/65/EEC” means 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 Annex A(1) to Council Directive 90/425/EEC M15 , as amended by and as read with, in relation to intra-Community trade, the instruments listed in paragraph 10 of Part I of Schedule 3, and in relation to imports from third countries, the instruments listed in paragraph 5 of Part II of Schedule 7;

“Regulation (EC) No. 998/2003” means Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC M16 , as amended by Commission Regulation (EC) No. 2054/2004 M17 and Commission Regulation (EC) No. 1193/2005 M18 ; and

“Regulation (EC) No. 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption M19 .

(4) For purposes of regulation 14(b), quarantine required under Commission Decision 2000/666/EC is a check provided for in Council Directive 91/496/EEC.

(5) Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears in the following instruments—

(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 M20 as amended by and as read with the instruments listed in Schedule 1; 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 M21 , as amended by and as read with the instruments listed in Schedule 1.

(6) A notice, approval or declaration under these Regulations is to 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. L278, 31.10.2000, p. 26.

M2 OJ No. L73, Special Edition, 27.3.72.

M3 OJ No. L1, 3.1.94, p. 1.

M4 OJ No. C241, 29.8.94, p. 21, as amended by OJ No. L12, 1.1.95, p. 1.

M5 OJ No. L236, 23.9.03, p. 33.

M6 OJ No. L278, 31.10.2000, p. 26.

M7 OJ No. L48, 18.2.2006, p. 48.

M8 OJ No. L103, 12.4.2006, p. 29.

M9 OJ No. L49, 19.2.2004, p. 11.

M10 OJ No. P 121, 29.7.64, p. 1977: but see OJ No. L109, 25.4.97, p. 1 in which is published Council Directive 97/12/EC amending and updating Directive 64/432/EEC which substantially substituted new text.

M11 OJ No. L224, 1.8.90, p. 55.

M12 OJ No. L303, 30.10.90, p. 6.

M13 OJ No. L46, 19.2.91, p. 1.

M14 OJ No. L46, 19.2.91, p. 19.

M15 OJ No. L268, 14.9.92, p. 54.

M16 OJ No. L146, 13.6.2003, p. 1.

M17 OJ No. L355, 01.12.2004, p. 14.

M18 OJ No. L194, 26.7.2005, p. 4.

M19 OJ No. L139, 30.4.2004, p. 206, a corrigendum to which has been published in OJ No. L226, 25.06.2004, p. 83.

M20 OJ No. L224, 18.8.90, p. 29.

M21 OJ No. L268, 24.9.91, p. 56.

Exception E+W

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

(a) are each of a species listed in Annex I to Regulation (EC) No. 998/2003; 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 apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction.

Enforcement E+W

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

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