Statutory Instruments

2007 No. 3518 (W.310)

ANIMALS, WALES

ANIMAL HEALTH

The Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2007

Made

6.20p.m. on 13 December 2007

Laid before the National Assembly for Wales

14 December 2007

Coming into force

6.30p.m. on 13 December 2007

Go to Explanatory Note

The Welsh Ministers are 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 Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972.

PART 1 General provisions

Title, application, commencement and cessation

1.  These Regulations —

(c) are entitled the Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2007;

(d) apply in relation to Wales;

(e) come into force at 6.30p.m. on 13 December 2007; and

(f) cease to have effect on 31 December 2007.

Interpretation

2.  In these Regulations—

“the Decision” means Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom(3);

“export” includes consigning for export;

“inspector” means a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981(4) or the Animals and Animal Products (Import and Export) (Wales) Regulations 2006(5), or a person authorised by the Welsh Ministers, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007(6) or the Products of Animal Origin (Import and Export) Regulations 1996(7);

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

“premises” includes any land, building or other place.

PART 2 Export Restrictions

Export of live animals

3.—(1) No person may export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate from the areas specified in the Schedule.

(2) No person may export any biungulate to another member State from Wales unless—

(a) at least three days before export the Welsh Ministers have notified that member State; and

(b) in the case of—

(i) bovine, ovine, caprine or porcine animals, the health certificate accompanying the animals bears the following words—

  • Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.;

(ii) other biungulates, the health certificate accompanying the animals bears the following words—

  • Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom..

Export of semen, ova and embryos

4.—(1) No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into the areas specified in the Schedule.

(2) The prohibition in paragraph (1) does not apply in relation to—

(a) semen, ova or embryos produced before 15th July 2007;

(b) frozen bovine semen imported into the United Kingdom in accordance with the conditions laid down in Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species(8), which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export;

(c) bovine embryos imported into the United Kingdom in accordance with the conditions laid down in Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(9), which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export;

(d) porcine semen imported into the United Kingdom in accordance with the conditions laid down in 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(10), which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export; or

(e) frozen ovine or caprine semen or frozen ovine or caprine embryos imported into the United Kingdom in accordance with the conditions laid down in Council Directive 92/65/EEC laying down the 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(11), which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export.

(3) The health certificate accompanying frozen bovine semen exported to another member State from Wales must bear the following words—

  • Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom..

(4) The health certificate accompanying bovine embryos exported to another member State from Wales must bear the following words—

  • Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom..

(5) The health certificate accompanying ovine or caprine semen exported to another member State from Wales must bear the following words—

  • Frozen ovine/caprine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom..

(6) The health certificate accompanying ovine or caprine embryos exported to another member State from Wales must bear the following words—

  • Frozen ovine/caprine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom..

(7) The health certificate accompanying porcine semen exported to another member State from Wales must bear the following words—

  • Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom..

Offers to dispatch or export

5.  No person may offer to export, or accept orders for the export of, anything prohibited from being exported by these Regulations, whether on the internet or otherwise.

(1)

S. I. 2005/2766. By virtue of sections 59(1) and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006, functions conferred on the National Assembly for Wales by this designation are exercisable by the Welsh Ministers. Back [1]

(3)

OJ No. L210, 10.8.2007, p. 36 as last amended by the Commission Decision of 13 December 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom (not yet published in the Official Journal). Back [3]

(4)

1981 c. 22 Back [4]

(5)

S.I. 2006/1536 (W.153). Back [5]

(6)

S. I. 2007/376 (W.36). Back [6]

(8)

OJ No. L194, 22.7.1988, p. 10 as last amended by the Act of Accession of Austria, Finland and Sweden. Back [8]

(9)

OJ No. L302, 19.10.1989, p.11 as last amended by Act of Accession of Austria, Finland and Sweden. Back [9]

(10)

OJ No. L224, 18.08.1990, p. 62 as last amended by Council Decision 2001/36/EC. Back [10]

(11)

OJ No. L268, 14.09.1992, p.54 as last amended by Council Decision 2007/265/EC. Back [11]