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Statutory Instruments

2008 No. 3203

Agriculture, England

The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008

Made

15th December 2008

Laid before Parliament

19th December 2008

Coming into force

15th January 2009

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

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to the legislation set out in the Schedule to be construed as references to that legislation as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Title, application and commencement

1.  These Regulations—

(a) may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008;

(b) apply in England; and

(c) come into force on 15th January 2009.

Amendment to 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 in accordance with this regulation.

(1) In regulation 1(2) delete the definition of “bluetongue susceptible animal”.

(2) 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. L 315, 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 L 268, 24.9.1991, p. 56 as last amended by Council Directive 2006/104/EC, OJ No. L363, 20.12.2006, p. 352 )..

(3) After regulation 1(6) add—

(7) Any reference in these Regulations to an instrument of the European Community is a reference to that instrument as amended from time to time..

(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) (England)(Amendment) Regulations 2007

3.  Regulation 2(2) of the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007(4) is revoked.

Jane Kennedy

Minister of State

Department for Environment, Food and Rural Affairs

15th December 2008

Regulation 2

SCHEDULE Replacement Schedules

______________________________________________________________________________

Regulation 1(2)

SCHEDULE 2 Border Inspection Posts

Border inspection post Animals that may be imported
(i)

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 L 363, 20.12.2006, p. 352).

(ii)

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).

Gatwick Airport All animals other than ungulates (i)
Heathrow Airport All animals
Manchester Airport live fish, reptiles, invertebrates
Stansted Airport (ii) Ungulates (i)
(1)

S. I. 1972/1811. Back [1]

(2)

1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51). Back [2]

(3)

S. I. 2006/1471 as last amended by S. I. 2007/3277. Back [3]

(4)

S. I. 2007/3277. Back [4]