2009 No. 390 (W.40)
The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers are designated F1 for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 F2 in relation to the common agricultural policy of the European Community.
The Welsh Ministers make these Regulations in exercise of the powers conferred by that section.
1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
Title, application and commencement1
The title of these Regulations is the Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, they apply in relation to Wales and come into force on 20 March 2009.
Amendment to the Animals and Animal Products (Import and Export) (Wales) Regulations 20062
1
The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 F3 are amended in accordance with this regulation.
2
In regulation 1(2) delete the definition of “bluetongue susceptible animal”.
3
For regulation 1(5) substitute—
5
Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears 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 (OJ No. L224, 18.8.90, p.29 as last amended by Directive 2002/33/EC of the European Parliament and of the Council, OJ No. L315, 19.11.2002, p.14); 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 (OJ No. L268, 24.9.1991, p.56 as last amended by Council Directive 2006/104/EC, OJ No. L363, 20.12.2006, p.352 ).
4
In regulation 35 delete “and subject to paragraph (1),”.
5
Schedule 1 is deleted.
6
For Schedules 2, 3, and 7 to those Regulations, substitute the replacements set out in the Schedule to these Regulations.
Amendment to the Animals and Animal Products (Import and Export) (Wales)(Amendment) Regulations 20073
Regulation 2(2) of the Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2007 F4 is revoked.
SCHEDULEReplacement Schedules
OJ No. L121, 29.7.64, p.1977 as last amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p.40).
OJ No. L194, 22.7.98, p.10 as last amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p. 40).
OJ No. L302, 19.10.89, p.1 as last amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p.40).
OJ No. L224, 18.8.90, p.42 as last amended by Commission Decision 2006/104/EC (OJ No. L363, 20.12.2006, p.352).
OJ No. L224, 18.8.90, p.62 as last amended by Council Regulation (EC) 806/2003 (OJ No. L122, 16.5.2003, p.1).
OJ No. L303, 31.10.90, p. 6 as last amended by Commission Decision 2007/729/EC (OJ No. L294 13.11.2007, p.26).
OJ No. L273, 10.10.2002, p.1 as last amended by Commission Regulation (EC) 777/2008 (OJ No. L207, 5.8.2008, p.9).
OJ No. L328, 24.11.2006, p.14 as last amended by Commission Directive 2008/53/EC (OJ No. L117, 1.5.2008, p.27).
OJ No. L157, 30.4.2004, p.33 as corrected in OJ No. L195, 2.6.2004, p.12.
OJ No. L46, 19.2.91, p.19 as last amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p.40).
OJ No. L268, 14.9.92, p.54 as last amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p.40).
OJ No. L279, 22.10.2005, p.47.
OJ No. L62, 15.3.93, p.49 as last amended by Commission Regulation (EC) 445/2004 (OJ No. L72, 11.3.2004, p.60).
OJ No. L206, 12.8.1977, p.8 as last amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p.40).
OJ No. L382, 31.12.1988, p.36 as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1).
OJ No. L153, 6.6.1989, p.30 as last amended by Agreement on the European Economic Area — Annex I — Veterinary and phytosanitary matters — List provided for in Article 17 (OJ No. L1, 3.1.94, p.220).
OJ No. L224, 18.8.90, p.55 as last amended by Agreement on the European Economic Area — Annex I — Veterinary and phytosanitary matters — List provided for in Article 17 (OJ No. L1, 3.1.94, p.220).
OJ No. L283, 27.10.2007, p.37 as last amended by Commission Regulation (EC) No. 708/2008 (OJ No. L197, 25.7.2008, p.18).
OJ No. L146, 14.6.79, p.15 as last amended by Commission Decision 2008/752/EC (OJ No. L261, 30.9.2008, p.1).
OJ No. L156, 7.7.95, p.76 as last amended by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).
OJ No. L84, 24.3.2007, p.7 as last amended by Commission Regulation (EC) No. 754/2008 (OJ No. L205, 1.8.2008, p.6).
OJ No. L302, 21.11.2003, p.22 as last amended by Commission Decision 2007/158/EC (OJ No. L68, 8.3.2007, p.10).
OJ No. L324, 11.12.2003, p.37 as last amended by Commission Decision 2008/641/EC (OJ No. L207, 5.8.2008, p.34).
OJ No. L328, 17.12.2003, p.26 as last amended by Commission Decision 2005/60/EC (OJ No. L25, 28.1.2005, p.64).
OJ No. L73, 11.3.2004, p.1 as last amended by Commission Decision 2008/804/EC (OJ No. L277, 18.10.2008, p.36).
OJ No. L27, 29.1.2005, p.48.
OJ No. L146, 14.6.79, p.15 as last amended by Commission Decision 2008/752/EC (OJ No. L261, 30.9.2008, p.1).
OJ No. L139, 30.4.2004, p.321 as corrected in OJ No. L226, 25.6.2004, p.128.
OJ No. L224, 18.8.1990, p.42, as last amended by Council Directive 2006/104/EC, (OJ No. L363, 20.12.2006, p.352).
OJ No. L73, 11.3.2004, p.1 as last amended by Commission Decision 2008/804/EC (OJ No. L277, 18.10.2008, p.36).
OJ No. L130, 15.5.1992, p.67 as last amended by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).
OJ No. L86, 6.4.93, p.1 as last amended by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).
OJ No. L86, 6.4.93, p.7 as last amended by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).
OJ No. L86, 6.4.93, p.16 as last amended by Commission Regulation (EC) No. 1792/2006 (OJ No. L362, 20.12.2006, p.1).
OJ No. L303, 31.10.90, p.6 as last amended by Commission Decision 2007/729/EC (OJ No. L294, 13.11.2007, p.26).
OJ No. L268, 14.9.92, p.54 as last amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p.40).
OJ No. L84, 24.3.2007, p.7 as last amended by Commission Regulation (EC) No. 754/2008 (OJ No. L205, 1.8.2008, p.6).
OJ No. L27, 29.1.2005, p.48.
OJ No. L22, 25.1.2003, p.38 as last amended by Commission Decision 2006/855/EC (OJ No. L338, 5.12.2006, p.45).
OJ No. L178, 12.7.94, p.66 as amended by Council Directive 2008/73/EC (OJ No. L219, 14.8.2008, p.40).
OJ No. L302, 21.11.2003, p.22 as last amended by Commission Decision 2007/158/EC (OJ No. L68, 8.3.2007, p.10).
OJ No. L324, 11.12.2003, p.37 as last amended by Commission Decision 2007/158/EC (OJ No. L68, 8.3.2007, p.10).
OJ No. L328, 17.12.2003, p.26 as last amended by Commission Decision 2005/60/EC (OJ No. L25, 28.1.2005 p.64).
SCHEDULE 2Border Inspection Posts
Border inspection post
Animals that may be imported
Gatwick Airport
All animals other than ungulates 1
Heathrow Airport
All animals
Manchester Airport
Live fish, reptiles, invertebrates
Stansted Airport 2
Ungulates 1
1 Ungulates include registered equidae as defined in Council Directive 90/426/EEC (OJ No. L224, 18.8.90, p. 42 as last amended by Council Directive 2006/104/EC, OJ No. L363, 20.12.2006, p.352).
2 Stansted Airport is not a border inspection post for any species of animal specified in the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (S.I. 1974/2211).
SCHEDULE 3Intra-Community trade: legislation and additional requirements
PART 1 LEGISLATION IN RELATION TO INTRA-COMMUNITY TRADE
Bovine animals and swine1
Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine F5.
Bovine semen2
Council Directive 88/407/EEC laying down the animal health conditions applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species F6.
Bovine embryos3
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 F7.
Equidae4
Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries F8.
Porcine semen5
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 F9.
Poultry and hatching eggs6
Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs F10.
Animal waste7
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 F11.
Fish8
Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals F12.
9
Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/ECF13.
Ovine and caprine animals10
Other animals, semen, ova and embryos11
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/EECF15.
Circuses and animal acts12
Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States F16.
Pathogens13
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/EECF17.
Pure-bred animals of the bovine species14
Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species F18.
Breeding animals of the porcine species15
Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species F19.
Pure-bred breeding sheep and goats16
Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats F20.
Equidae17
Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae F21.
Bluetongue susceptible animals18
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 F22.
SCHEDULE 7Community legislation in relation to imports from third countries
PART 1 INSTRUMENTS SPECIFYING THIRD COUNTRIES AND TERRITORIES IN THIRD COUNTRIES FROM WHICH MEMBER STATES MAY AUTHORISE CERTAIN IMPORTS
Cloven-hoofed animals and elephants and zoo ungulates1
Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat F23.
Poultry2
Captive birds3
Commission Regulation (EC) No. 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof F25.
Shellfish4
Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption F26.
Finfish5
Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption F27.
Bees6
Commission Decision 2003/881/EC of 11 December 2003 concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/ECF28.
Equidae7
Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species F29.
Cats, dogs and ferrets8
Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres F30.
PART 2 DETAILED PROVISIONS
Cloven-hoofed animals and elephants and zoo ungulates9
Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which the member States authorise imports of bovine animals, swine and fresh meat F31.
Zoo ungulates10
Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals F32.
Equidae
General11
Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries F33.
12
Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species F34.
Temporary admission of registered horses13
Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses F35.
Registered horses for racing, etc, upon re-entry14
Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export F36.
Equidae for slaughter15
Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter F37.
Registered equidae and equidae for breeding and production16
Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production F38.
Poultry17
Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs F39.
Other specified animals, semen, ova and embryos18
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/EECF40.
Captive birds19
Commission Regulation (EC) No. 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof F41.
Cats, dogs and ferrets20
Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres F42.
Live animals from New Zealand21
Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand F43.
Zootechnical conditions22
Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species F44.
Finfish and shellfish from third countries23
Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption F45.
24
Commission Decision 2003/858/EC laying down the specific animal health conditions and certification requirements for imports of live fish, their eggs, and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption F46.
Bees25
Commission Decision 2003/881/EC concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/ECF47.
S.I. 2005/2766. Functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers by virtue of paragraph 30 of and Schedule 11 to the Government of Wales Act 2006.