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

Type Statutory-Instrument
Publication 2006-06-06
Last updated 2011-05-25
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Made: 6th June 2006

Laid before Parliament: 8th June 2006

Coming into force: 29th June 2006

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PART 1 — Introduction

Title, application, commencement and interpretation

1

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Exception

2

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Enforcement

3

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PART 2 — Intra-Community Trade

Application of Part 2

4

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Exports

5

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Imports

6

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Transport of animals and animal products

7

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Dealers

8

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Approval of centres and teams for the purposes of Council Directive 92/65/EEC and of laboratories for the purposes of Council Directive 2009/158/EC

9

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Inspection and checking at destination

10

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Duties on consignees

11

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Assembly centres and slaughterhouses

12

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Illegal consignments

13

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PART 3 — Third Country Imports

Application of Part 3

14

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Official veterinarians

15

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Importation

16

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Places of import

17

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Import procedure

18

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Quarantine for captive birds

19

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Payment of fees

20

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Consignments constituting a danger to health

21

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Illegal consignments

22

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Arrival at the place of destination

23

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Post-import controls

24

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PART 4 — Imports Where Checks Have Been Carried Out in Another Member State

Application of Part 4

25

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Imports

26

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Import procedure

27

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PART 5 — General

Outbreaks of disease in other states

28

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Notification of decisions

29

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Powers of inspectors

30

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Recovery of expenses

31

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Obstruction

32

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Offences by bodies corporate

33

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Penalties

34

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Transitional arrangements and disapplication of provisions

35

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Revocation

36

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SCHEDULE 1 — Amendments to Council Directives 90/425/EEC and 91/496/EEC

1

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2

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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 (OJNo. L224, 18.8.90, p. 42 as last amended by Council Directive 2006/104/EC, OJ No L 363, 20.12.2006, p. 352). (i)Ungulates include registered equidae as defined in Council Directive 90/426/EEC (OJNo. 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). (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
Heathrow Airport All animals
Manchester Airport live fish, reptiles, invertebrates
Stansted Airport Ungulates

SCHEDULE 3 — Intra-Community trade: legislation and additional requirements

PARTNonBreakingSpaceI — Legislation in Relation to Intra-Community Trade

Bovine animals and swine

1

Instrument: Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (OJ No. L109, 25.4.97, p. 1), and as subsequently amended by—

  • Council Directive 98/46/EC (OJ No. L198, 15.7.98, p. 22);
  • Council Directive 98/99/EC (OJ No. L358, 31.12.98, p. 107);
  • Commission Decision 98/621/EC (OJ No. L296, 5.11.98, p. 15);
  • Directive 2000/15/EC of the European Parliament and of the Council (OJ No.L105, 3.5.2000, p. 34);
  • Directive 2000/20/EC of the European Parliament and of the Council (OJ No.L163, 4.7.2000, p. 35);
  • Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);
  • Commission Decision 2004/226/EC (OJ No. L68, 6.3.2004, p. 36); and
  • the European International Instruments.
  • Relevant provisions in that instrument: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports), and 12(3).
  • Additional requirements The official health certificate accompanying all cattle imported into England from Spain must contain the statement: “Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro-pneumonia”. The official health certificate accompanying all cattle imported into England from Portugal must contain the statement “Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia”. The official health certificate accompanying all swine imported into England from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those parts of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: “Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky’s disease[^f00033]”. Exports of cattle from England to the countries listed in Annexes I and II of Commission Decision 2004/558/EC (OJ No. L249, 23.7.2004, p. 20)— must meet the additional guarantees laid down in Article 2(1), Article 2(2)(b)(i) or Article 2(2)(c)(for exports to Germany), and (for exports to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy) in Article 3(1) of that Decision; and in relation to the certification accompanying such exports— for bovine animals exported to Germany, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent the additional guarantees of Article 2 which are met by the cattle must be specified as follows: “Article 2(1), [or] Article 2(2)(b)(i) [or] Article 2(2)(c) [as the case may be] of Commission Decision 2004/558/EC”; and for bovine animals exported to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent “Article 3 of Commission Decision 2004/558/EC” must be entered. In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (OJ No. L178, 17.7.2003, p. 28), the importation into England from the Italian region of Sardinia of animals of the suidae family is prohibited. The official health certificate accompanying swine imported into England from Italy must contain the statement “Animals in accordance with Commission Decision 2005/779/EC[^f00034] concerning animal health protection measures against swine vesicular disease in Italy”.

Bovine semen

2

Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (OJ No. L194, 22.7.88, p. 10), as amended by, and as read with—

  • Council Directive 90/120/EEC (OJ No. L71, 17.3.90, p. 37);
  • Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
  • Council Directive 93/60/EEC (OJ No. L186, 28.7.93, p. 28);
  • Council Directive 2003/43/EC (OJ No. L143, 11.6.2003, p. 23);
  • Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23);
  • Commission Decision 2004/101/EC (OJ No. L30, 4.2.2004, p. 15); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 3 and 6.

Bovine embryos

3

Instrument: 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 (OJ No. L302, 19.10.89, p. 1), as amended by, and as read with—

  • Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
  • Council Directive 93/52/EEC (OJ No. L175, 19.7.93, p. 21);
  • Commission Decision 94/113/EC (OJ No. L53, 24.2.94, p. 23);
  • Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 3 and 6.

Equidae

4

Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with—

  • Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
  • Council Directive 90/427/EEC (OJ No. L224, 18.08.90, p. 55)
  • Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);
  • Council Directive 92/36/EEC (OJ No. L157, 10.6.92, p. 28);
  • Commission Decision 92/130/EEC (OJ No. L47, 22.2.92, p. 26);
  • Commission Decision 93/623/EEC (OJ No. L298, 3.12.93, p. 45) as amended by Commission Decision 2000/68/EC (OJ No. L23, 28.1.2000, p. 72);
  • Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);
  • Commission Decision 2002/160/EC (OJ No. L053, 23.2.2002, p. 37); and
  • the European international instruments.
  • Relevant provisions in that instrument, subject to and as read with the following Notes: Articles 4, 5, 7(1), and 8.
  • Notes: The requirements of Articles 4(1), 4(2) and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of registered horses or equidae for breeding and production accompanied by an identification document provided for in Council Directive 90/427/EEC. For the avoidance of doubt, the derogation permitted under Article 7(2) shall not apply in relation to equidae brought into England.

Porcine Semen

5

Instrument: 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 (OJ No. L224, 18.8.90, p. 62) and Commission Decision 99/608/EC (OJ No. L242, 14.9.99, p. 20), as amended by, and as read with—

  • Commission Decision 99/608/EC (OJ No. L242, 14.9.1999, p. 20);
  • Commission Decision 2000/39/EC (OJ No. L13, 19.1.2000, p. 21);
  • Commission Decision 2004/205/EC (OJ No. L65, 3.3.2004, p. 23); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 3, 4(1), 4(2) and 6(1).
  • Additional requirements:
  • The official health certification accompanying all porcine semen imported into England from any other member State must state that the semen was collected from boars “on a collection centre which only contains animals that have not been vaccinated against Aujeszky’s disease and which have reacted negatively to the serum neutralisation test or to the ELISA test for Aujeszky’s disease, in accordance with the provisions of Council Directive 90/429/EEC” and paragraph 13(b)(ii) of the model health certificate provided in Annex D of Council Directive 90/429/EEC must be deleted in all cases.

Poultry and hatching eggs

6

Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ No. L303, 31.10.90, p. 6), as amended by, and as read with—

  • Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
  • Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);
  • Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54);
  • Commission Decision 92/340/EEC (OJ No. L188, 8.7.92, p. 34);
  • Commission Decision 92/369/EEC (OJ No. L195, 14.7.92, p. 25);
  • Council Directive 93/120/EEC (OJ No. L340, 31.12.93, p. 35);
  • Council Decision 95/410/EC (OJ No. L243, 11.10.95, p. 25) as amended by Council Decision 98/227/EC (OJ No. L87, 21.3.98, p. 14);
  • Commission Decision 97/278/EC (OJ No. L110, 26.4.97, p. 77);
  • Council Directive 99/90/EC (OJ No. L300, 23.11.1999, p. 19);
  • Commission Decision 2000/505/EC (OJ No. L201, 9.8.2000, p. 8);
  • Commission Decision 2001/867/EC (OJ No. L323, 7.12.2001, p. 29);
  • Commission Decision 2003/644/EC (OJ No. L228, 12.9.2003, p. 29);
  • Commission Decision 2004/235/EC (OJ No. L72, 11.3.2004, p. 86); and
  • the European International instruments.
  • Relevant provisions in that instrument: Articles 6 to 11, 12(1), and 15 to 17.
  • Additional requirements: The official health certification accompanying breeding poultry exported from England to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8 September 2003. The official health certification accompanying day-old chicks exported from England to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision2003/644/EC of 8 September 2003. The official health certification accompanying laying hens exported from England to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2004/235/EC of 11 March 2004. The official health certification accompanying poultry for slaughter exported from England to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22 June 1995. The official health certification accompanying poultry, hatching eggs and day-old chicks imported into England from Italy shall include the words “The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC”[^f00035]. In the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC which are — exported from such a protection zone in England to another member State, or imported from such a protection zone in another member State into England pursuant to the derogation in Article 7 of Commission Decision 2006/115/EC, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms: This consignment complies with the animal health conditions laid down in Commission Decision 2006/115/EC. .

Animal waste

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Fish

Farmed fish

8

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Fish other than farmed fish

  • (2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (OJ No. L268, 24.9.91, p. 15), as amended by, and as read with—
  • Council Directive 92/48/EEC (OJ No. L187, 7.7.92, p. 41), laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1) (a) (I) of Council Directive 91/493/EEC;
  • Council Directive 95/71/EC (OJ No. L332, 30.12.95, p. 40);
  • Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 310); and
  • the European international instruments.
  • Relevant provision in that instrument: Article 4.

Live Bivalve molluscs

  • (3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (OJ No. L268, 24.9.91, p. 1), as amended by, and as read with—
  • Council Directive 97/61/EC (OJ No. L295, 29.10.97, p. 35); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 3(1)(a)-(i), 3(2), 4, 7, 8, and 9.

Ovine and caprine animals

9

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Other animals, semen, ova and embryos

10

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Circuses and animal acts

11

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Pure-bred animals of the bovine species

12

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Breeding animals of the porcine species

13

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Pure-bred breeding sheep and goats

14

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Equidae

15

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PART II — ADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF CATTLE, PIGS, SHEEP AND GOATS

1

Any person transporting cattle, pigs, sheep or goats in intra-Community trade shall do so in accordance with this Part.

2

He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall preserve that information in the register for at least three years—

  • (a) places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;
  • (b) places and dates of delivery, and the name or business name and address of the consignee;
  • (c) species and number of animals carried;
  • (d) date and place of disinfection; and
  • (e) the unique identifying number of accompanying health certificates.
3

He shall ensure that the means of transport is constructed in such a way that animal faeces, litter or feed cannot leak or fall out of the vehicle.

  • (a) He shall give a written undertaking to the Secretary of State stating that —
  • (i) in the case of cattle or pigs, Council Directive 64/432/EEC, and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and
  • (ii) in the case of sheep or goats, Council Directive 91/68/EEC, and in particular the provisions laid down in Article 8c of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and
  • (b) that the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

PART III — ADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE, PIGS, SHEEP AND GOATS

1

Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade shall comply with the provisions of this Part.

2
  • (1) The dealer shall—
  • (a) be approved by the Secretary of State under this paragraph; and
  • (b) be registered with, and have a registration number issued by, the Secretary of State.
  • (2) The Secretary of State shall only issue an approval under this paragraph if satisfied that the dealer will comply with the provisions of this Part and, in the case of a dealer in sheep or goats, that the dealer has agreed to comply with the requirements for the operation of his premises which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the premises are capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.
3

The dealer shall ensure that he only imports or exports animals that are identified and meet the requirements of Community law for intra-Community trade and, in the case of cattle, come from herds that are officially free of tuberculosis, brucellosis and leucosis, or are slaughter animals meeting the requirements of Article 6(3), or, if slaughter animals under a disease control programme, the requirements of Article 13(1)(a), of Council Directive 64/432/EEC.

4

The dealer shall keep a record for all cattle, pigs, sheep and goats which he imports or exports, either on the basis of identification numbers or marks on the animals, and preserve the record for at least three years, of––

  • (a) the name and address of the seller;
  • (b) the origin of the animals;
  • (c) the date of purchase;
  • (d) the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats;
  • (e) the registration number of the holding of origin or the herd of origin of pigs;
  • (f) the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable);
  • (g) the registration number of the transporter or the licence number of the vehicle delivering and collecting animals;
  • (h) the name and address of the buyer and the destination of the animals; and
  • (i) copies of route plans and numbers of health certificates.
5

In the case of a dealer who keeps cattle, pigs, sheep or goats on his premises he shall ensure that––

  • (a) specific training in the care and welfare of animals is given to the staff in charge of the animals; and
  • (b) all necessary steps are taken to prevent the spread of disease.
6
  • (1) The dealer shall only use premises approved for the purpose by the Secretary of State under this paragraph and which, in the case of a dealer in sheep and goats, are specified in an operational agreement created pursuant to paragraph 2(2).
  • (2) The Secretary of State shall issue an approval number for premises approved under this paragraph.
  • (3) The Secretary of State shall only issue an approval under this paragraph if satisfied that the premises comply with, in the case of a dealer in cattle or pigs, Article 13(2) of Council Directive 64/432/EEC or, in the case of a dealer in sheep and goats, Article 8b(2) of Council Directive 91/68/EEC.

SCHEDULE 4 — The Poultry Health Scheme

PART I — MEMBERSHIP

1

Any reference to “the Directive” in this Part of this Schedule is a reference to Council Directive 90/539/EEC.

2

An application for an establishment to become a member of the Poultry Health Scheme (“the Scheme” in this Schedule) must be accompanied by the registration fee, the details of which are set out in Part 2 of this Schedule.

3

The Secretary of State shall only grant membership of the Scheme to an establishment if—

  • (a) he is satisfied, following an inspection by a veterinary inspector, that—
  • (i) the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and
  • (ii) the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and
  • (b) the operator of the establishment, having been notified that the Secretary of State is satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.
4

The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to an establishment as being requirements that he believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment.

5

On receipt of the first annual membership fee, the Secretary of State shall issue the establishment’s membership certificate, which shall include the establishment’s membership number.

6

The operator of an establishment that is a member of the Scheme shall pay the annual membership fee each year, and shall pay any re-inspection fee when it becomes due.

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PART II — REGISTRATION FEE

1

The Secretary of State shall—

  • (a) determine the registration fee on the basis of the cost attributable to each application of the items listed in paragraph 3; and
  • (b) publish the current registration fee on Defra’s website[^f00037].
2

The registration fee shall be payable to the Secretary of State in respect of each establishment for which an application is made and shall be non-refundable.

3

The items referred to in paragraph 1(a) are—

  • (a) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of—
  • (i) any person involved directly in processing applications for membership of the Scheme;
  • (ii) any person engaged in managing the processing of such applications; and
  • (iii) any veterinary inspector who carries out a veterinary inspection at an applicant establishment;
  • (b) recruiting and training the staff referred to in sub-paragraph (a);
  • (c) travel and related incidental expenses incurred in processing applications for membership (including inspecting establishments), except where incurred by a person attending his normal place of work;
  • (d) office accommodation, equipment and services for the staff referred to in sub-paragraph (a), including depreciation of office furniture and equipment and the cost of information technology and stationery;
  • (e) provision of protective clothing and equipment used in inspecting establishments, and laundering, cleansing or disinfecting that protective clothing;
  • (f) provision of payroll and personnel services in connection with the employment of the staff referred to in sub-paragraph (a); and
  • (g) any other incidental expenses incurred in connection with the processing of applications for membership of the Scheme.

PART III — ANNUAL MEMBERSHIP FEE

1

There shall be two rates for the annual membership fee: a higher rate, which includes the cost of an annual veterinary inspection by a veterinary inspector employed by Defra, and a lower rate which does not include the cost of such an inspection.

2

The lower rate shall be payable—

  • (a) the first time the annual membership fee is paid (the cost of the first annual veterinary inspection having been included in the registration fee); and
  • (b) in subsequent years where the operator of the establishment has elected for the annual veterinary inspection to be carried out by a veterinary inspector who is not employed by Defra.
3

The Secretary of State shall—

  • (a) determine the two rates of the annual membership fee on the basis of the cost attributable to each establishment of the items listed in paragraph 5; and
  • (b) publish the current rates of the annual membership fee on Defra’s website.
4

The annual membership fee shall be payable to the Secretary of State in respect of each establishment and shall be non-refundable.

5

The items referred to in paragraph 3(a) are (subject to paragraph 6)—

  • (a) salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of—
  • (i) any person directly involved in the administration of the Scheme (including corresponding with and responding to queries from members, producing guidance, and arranging inspections of establishments);
  • (ii) any person engaged in managing the administration of the Scheme;
  • (iii) any veterinary inspector employed by Defra who carries out the annual veterinary inspection of an establishment or additional inspections during the year ;
  • (b) recruiting and training the staff referred to in sub-paragraph (a);
  • (c) travel and related incidental expenses incurred in the administration of the Scheme (including veterinary inspections of establishments), except where incurred by a person attending his normal place of work;
  • (d) office accommodation, equipment and services for staff referred to in sub-paragraph (a), including depreciation of office furniture and equipment and the cost of information technology and stationery;
  • (e) provision of protective clothing and equipment, where applicable, used in carrying out inspections of establishments, and laundering, cleansing or disinfecting that protective clothing;
  • (f) provision of payroll and personnel services in connection with the employment of staff referred to in sub-paragraph (a); and
  • (g) any other incidental expenses incurred in connection with the administration of the Scheme.
6

The items listed in paragraph 5 shall not include any expense or cost which relates to the administration of, travel for the purposes of, and attendance at, re-inspections in so far as that expense or cost is recoverable under Part IV of this Schedule.

PART IV — RE-INSPECTION FEE

1

The re-inspection fee provided for under paragraph 8, Part I of this Schedule shall be composed of—

  • (a) a charge for the veterinary inspector’s time spent at the operator’s establishment carrying out the re-inspection, the rate for which charge shall be £45 per hour or part thereof; and
  • (b) a charge for mileage, that is, for each mile travelled by the veterinary inspector to and from the operator’s establishment in order to carry out the re-inspection, the rate for which charge shall be 33 pence per mile.
2

The Secretary of State may, using such criteria as he considers appropriate in all the circumstances, reduce the charge for mileage under paragraph 1(b) in respect of any particular re-inspection in order to avoid an over-recovery of mileage costs incurred for a journey in the course of which other official activity is undertaken in addition to that re-inspection.

SCHEDULE 5 — Approval of Laboratories under the Poultry Health Scheme

PARTNonBreakingSpaceI — APPROVAL

1

The Secretary of State may approve any laboratory that he considers to be suitable for the purposes of carrying out Mycoplasma testing under the Poultry Health Scheme.

2

The operator of a laboratory approved under paragraph (1) shall pay the annual approval fee each year, the details of which are set out in Part 2 of this Schedule.

3

In order to ensure that approved laboratories remain suitable for approval, an inspector shall carry out inspections and quality assurance testing as the Secretary of State considers necessary.

PART II — ANNUAL APPROVAL FEE

1

The Secretary of State shall—

  • (a) determine the annual approval fee on the basis of the cost attributable to each laboratory of the items listed in paragraph 3; and
  • (b) publish the current annual approval fee on the website of Defra.
2

The annual approval fee shall be payable to the Secretary of State in respect of each approved laboratory and shall be non-refundable.

3

The items referred to in paragraph 1(a) are—

  • (a) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of—
  • (i) any person directly involved in the administration of the approval of laboratories;
  • (ii) any person engaged in the management or administration of this work; and
  • (iii) any veterinary inspector who carries out inspections of laboratories;
  • (b) recruiting and training the staff referred to in sub-paragraph (a);
  • (c) travel and related incidental expenses incurred in the administration of the approval of laboratories (including carrying out inspections), except where incurred by a person attending his normal place of work;
  • (d) office accommodation, equipment and services for staff involved in the administration of approval of laboratories, including depreciation of office furniture and equipment and the cost of information technology and stationery;
  • (e) provision of protective clothing and equipment used in carrying out inspections of establishments, and laundering that protective clothing;
  • (f) provision of quality assurance testing samples, assessment of the results and provision of advice about the results;
  • (g) provision of payroll and personnel services in connection with the employment of staff involved in the administration of approval of laboratories; and
  • (h) any other incidental expenses incurred in connection with the administration of the approval of laboratories.

SCHEDULE 6 — List of Diseases

  • Foot and mouth disease
  • Classical swine fever
  • African swine fever
  • Swine vesicular disease
  • Newcastle disease
  • Rinderpest
  • Peste des petits ruminants
  • Vesicular stomatitis
  • Bluetongue
  • African horse sickness
  • Equine encephalomyelitis (of all types, including Venezuelan equine encephalomyelitis)
  • Teschen disease
  • Avian influenza
  • Sheep and goat pox
  • Lumpy skin disease
  • Rift valley fever
  • Contagious bovine pleuropneumonia
  • Bovine spongiform encephalopathy
  • Infectious haematopoietic necrosis
  • Viral haemorrhagic septicaemia
  • Dourine
  • Equine infectious anaemia
  • Glanders
  • Infectious Salmon anaemia
  • Small hive beetle (Aethina tumida)
  • Tropilaelaps mite

SCHEDULENonBreakingSpace7 — EU legislation in relation to imports from third countries

PARTNonBreakingSpaceI — Instruments specifying Third Countries and territories in Third Countries from which Member States may authorise certain imports

Cloven-hoofed animals and elephants and zoo ungulates

1

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 (OJ No. L146, 14.6.79, p. 15), as amended by, and as read with—

  • Commission Decision 2004/212/EC (OJ No. L73, 11.3.2004, p. 11);
  • Commission Decision 2004/410/EC (OJ No. L151, 30.4.2004, p. 31);
  • Commission Decision 2004/620/EC (OJ No. L279, 28.08.2004 p. 30); and
  • Commission Decision 2006/9/EC (OJ No. L7, 12.1.2006 p. 23).

Poultry

2

Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs (OJ No. L156, 7.7.95, p. 76), as amended by, and as read with—

  • Commission Decision 96/628/EC (OJ No. L282, 1.11.96, p. 73);
  • Commission Decision 96/659/EC (OJ No. L302, 26.11.96, p. 27);
  • Commission Decision 97/183/EC (OJ No. L76, 18.3.97, p. 32);
  • Commission Decision 2001/732/EC (OJ No. L 275, 18.10.2001, p. 14);
  • Commission Decision 2001/751/EC (OJ No. L 281, 25.10.2001, p. 24);
  • Commission Decision 2002/183/EC (OJ No. L 61, 2.3.2002, p. 56); and
  • Commission Decision 2004/118/EC (OJ No. L36, 7.2.2004, p. 34).

Captive birds

3

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 (OJ No. L278, 31.10.2000, p. 26) as read with Council Directive 92/65/EEC.

Shellfish

4

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 (OJ No. L302, 21.11.2003, p.22), as amended by, and as read with—

  • Commission Decision 2004/623/EC (OJ No. L280, 31.8.2004, p. 26) and
  • Commission Decision 2005/409/EC (OJ No. L139, 2.6.2005, p. 16).

Finfish

5

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 (OJ L324, 11.12.2003, p.37.) as amended by, and as read with—

  • Commission Decision 2004/454/EC (OJ No. 156, 30.4.2004, p.29); and
  • Commission Decision 2005/742 (OJ No. L279, 22.10.2005, p. 71).

Bees

6

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/EC (OJ No. L328, 17.12.2003, p. 26), as amended by Commission Decision 2005/60/EC (OJ No. L25, 28.1.2005), and as read with Council Decision 79/542/EEC (as that Council Decision is defined under paragraph 1 of this Part) in respect of which the derogation in Article 1(2) permitting imports of bees from the state of Hawaii in the United States of America may be relied on.

Equidae

7

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 (OJ No. L73, 11.3.2004, p. 1).

Cats, Dogs & Ferrets

8

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 (OJ No. L27, 29.1.2005, p. 48), as read with—

PARTNonBreakingSpaceII — Detailed provisions

Cloven-hoofed animals and elephants

1

Instrument: 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 (OJ No. L146, 14.6.79, p. 15), as amended by, and as read with—

  • Commission Decision 2004/212/EC (OJ No. L73, 11.3.2004, p. 11);
  • Commission Decision 2004/410/EC (OJ No. L151, 30.4.2004, p. 31);
  • Commission Decision 2004/554/EC (OJ No. L248, 9.7.2004, p. 1);
  • Commission Decision 2004/620/EC (OJ No. L279, 28.8.2004, p. 30); and
  • Commission Decision 2006/9/EC (OJ No. L7, 12.1.2006 p. 23).
  • Relevant provisions in that instrument: Articles 3, 4, 5, 6 and 7 .

Zoo Ungulates

2

Instrument: Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals (OJ No. L139, 30.4.2004, p. 321[^f00038]), as read with—

  • Council Decision 79/542/EEC (OJ No L146, 14.6.79, p. 15) as described in paragraph 1 of this Part;
  • Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
  • Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);
  • Council Directive 91/628/EEC (OJ No. L340, 11.12.91, p. 17);
  • Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 3, 7 and 11

Equidae

General

3
  • (1) Instrument: Council Directive 90/426/EEC on heath conditions governing the movement of equidae and their import from third countries (OJ No. L224, 18.8.90, p. 42), as amended by, and as read with—
  • Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
  • Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);
  • Council Directive 92/36/EEC (OJ No. L157, 10.6.92, p. 28);
  • Commission Decision 92/130/EEC (OJ No. L47, 22.2.92, p. 26);
  • Commission Decision 95/329/EC (OJ No. L191, 12.8.95, p. 36);
  • Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);
  • Commission Decision 2002/160/EC (OJ No. L053, 23.3.2002, p. 37);
  • Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p. 321); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 11, 12(1), 13 to 16 and 18.

Temporary admission of registered horses

  • (3) Instrument: Commission Decision 92/260/EEC (OJ No. L130, 15.5.92, p. 67), as amended by, and as read with—
  • Commission Decision 93/344/EEC (OJ No. L138, 9.6.93, p. 11);
  • Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11);
  • Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17);
  • Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);
  • Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);
  • Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);
  • Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);
  • Commission Decision 97/10/EC (OJ No. L3, 7.1.97, p. 9) as amended by Decision 2001/622/EC (OJ No. L216, 10.8.2001, p. 26);
  • Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);
  • Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53);
  • Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);
  • Commission Decision 99/613/EC (OJ No. L24, 15.9.99, p. 12);
  • Commission Decision 2000/209/EC (OJ No. L064, 11.3.2000, p. 22);
  • Commission Decision 2001/117/EC (OJ No. L043, 14.2.2001, p. 38);
  • Commission Decision 2001/611/EC (OJ No. L214, 8.8.2001, p. 49);
  • Commission Decision 2001/619/EC (OJ No. L215, 9.8.2001, p. 55);
  • Commission Decision 2001/828/EC (OJ No. L308, 27.11.2001, p. 41);
  • Commission Decision 2002/635/EC (OJ No. L206, 3.8.2002, p. 20);
  • Commission Decision 2002/636/EC (OJ No. L206, 3.8.2002, p. 27);
  • Commission Decision 2003/13/EC (OJ No. L007, 11.1.2003, p. 86);
  • Commission Decision 2003/541/EC (OJ No. L185, 24.07.2003, p. 41);
  • Commission Decision 2004/117/EC (OJ No. L36, 7.2.2004, p. 20);
  • Commission Decision 2004/177/EC (OJ No. L55, 24.2.2004, p. 64);
  • Commission Decision 2004/241/EC (OJ No. L74,12.03.04, p. 19); and
  • the European international instruments.
  • Relevant provision in that instrument: Article 1.

Registered horses for racing, etc, upon re-entry

  • (4) Instrument: 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 (OJ No. L86, 6.4.93, p. 1), as amended by, and as read with—
  • Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11);
  • Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17);
  • Commission Decision 95/99/EC (OJ No. L76, 5.4.95, p. 16);
  • Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);
  • Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);
  • Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);
  • Commission Decision 97/684/EC (OJ No. L287, 21.10.97, p. 49);
  • Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);
  • Commission Decision 98/567/EC (OJ No. L276, 13.10.98, p. 11);
  • Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53);
  • Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);
  • Commission Decision 99/558/EC (OJ No. L211, 11.8.99, p. 53);
  • Commission Decision 2000/209/EC (OJ No. L64, 11.3.00, p. 64);
  • Commission Decision 2000/754/EC (OJ No. L303, 12.12.00, p. 34);
  • Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38);
  • Commission Decision 2001/144/EC (OJ No. L53, 23.2.01, p. 23);
  • Commission Decision 2001/610/EC (OJ No. L43, 8.8.01, p. 45);
  • Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49);
  • Commission Decision 2004/211/EC (OJ No. L73, 11.3.2004, p. 1);
  • Commission Decision 2005/605/EC (OJ No. L206, 9.8.2005, p.16);
  • Commission Decision 2005/771/EC (OJ No. L291, 5.11.2005, p. 38);
  • Commission Decision 2005/943/EC (OJ No. L342, 24.12.2005, p. 94); and
  • the European international instruments.
  • Relevant provision in that instrument: Article 1.

Equidae for slaughter

  • (5) Instrument: Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter (OJ No. L86, 6.4.93, p. 7), as amended by, and as read with—
  • Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p.11);
  • Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);
  • Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);
  • Commission Decision 96/82/EC (OJ No. L19, 25.1.96, p. 56);
  • Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);
  • Commission Decision 97/36/EC (OJ No. L14, 17.1.97, p. 57);
  • Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);
  • Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);
  • Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38);
  • Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49); and
  • the European international instruments.
  • Relevant provision in that instrument: Article 1.

Registered equidae and equidae for breeding and production

  • (6) Instrument: Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production (OJ No. L86, 6.4.93, p. 16), as amended by, and as read with—
  • Commission Decision 93/510/EEC (OJ No. L238, 23.9.93, p. 45);
  • Commission Decision 93/682/EEC (OJ No. L317, 18.12.93, p. 82);
  • Commission Decision 94/453/EC (OJ No. L187, 22.7.94, p. 11);
  • Commission Decision 94/561/EC (OJ No. L214, 19.8.94, p. 17);
  • Commission Decision 95/322/EC (OJ No. L190, 11.8.95, p. 9);
  • Commission Decision 95/323/EC (OJ No. L190, 11.8.95, p. 11);
  • Commission Decision 95/536/EC (OJ No. L304, 16.12.95, p. 49);
  • Commission Decision 96/81/EC (OJ No. L19, 25.1.96, p. 53);
  • Commission Decision 96/82/EC (OJ No. L19, 25.1.96, p. 56);
  • Commission Decision 96/279/EC (OJ No. L107, 30.4.96, p. 1);
  • Commission Decision 97/10/EC (OJ No. L3, 7.1.97, p. 9), as amended by Commission Decision 2004/117/EC (OJ L036, 7.2.04, p. 20);
  • Commission Decision 97/36/EC (OJ No. L14, 17.1.97, p. 57);
  • Commission Decision 98/360/EC (OJ No. L163, 6.6.98, p. 44);
  • Commission Decision 98/594/EC (OJ No. L286, 23.10.98, p. 53);
  • Commission Decision 99/228/EC (OJ No. L83, 27.3.99, p. 77);
  • Commission Decision 99/236/EC (OJ No. L87, 31.3.99, p. 13);
  • Commission Decision 99/252/EC (OJ No. L96, 10.4.99, p. 31);
  • Commission Decision 99/613/EC (OJ No. L243, 15.9.99, p. 12);
  • Commission Decision 2000/209/EC (OJ No. L64, 11.3.00, p. 64);
  • Commission Decision 2001/117/EC (OJ No. L43, 14.2.01, p. 38);
  • Commission Decision 2001/611/EC (OJ No. L214, 8.8.01, p. 49);
  • Commission Decision 2001/619/EC (OJ No. L215, 9.8.01, p. 55);
  • Commission Decision 2001/754/EC (OJ No. L282, 26.10.01, p. 34);
  • Commission Decision 2001/766/EC (OJ No. L288, 1.11.01, p. 50);
  • Commission Decision 2001/828/EC (OJ No. L308, 27.11.01, p. 41);
  • Commission Decision 2002/635/EC (OJ No. L206, 3.8.02, p. 20);
  • Commission Decision 2002/841/EC (OJ No. L206, 25.10.02, p. 42);
  • Commission Decision 2003/541/EC (OJ No. L185, 24.07.2003, p. 41);
  • Commission Decision 2004/177/EC (OJ No. L55, 24.2.2004, p. 64);
  • Commission Decision 2004/241/EC (OJ No. L74, 12.3.04, p. 19); and
  • the European international instruments.
  • Relevant provision in that instrument: Article 1.

Additional requirements:

  • (a) All pre-export tests of registered horses from Kyrgyzstan and registered equidae and equidae for breeding and production imported from Belarus, Bulgaria, Croatia, ex-Yugoslavia Republic of Macedonia, Romania, Russian Federation and the Ukraine must be carried out as follows: for vesicular stomatitis at the Institute of Animal Health, Pirbright, the National Veterinary Institute, Czech Republic or at the Central Veterinary Laboratory, Budapest, Hungary; the mandatory tests for infectious anaemia, dourine and glanders and, if necessary, the test for equine viral arteritis at the Veterinary Laboratories Agency, Weybridge, the National Veterinary Institute, Czech Republic or at the Central Veterinary Laboratory, Budapest, Hungary.
  • (b) The test results must be attached to the health certificate accompanying the imported equidae.

Poultry

4

Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ No. L303, 30.10.90, p. 6) as amended by, and as read with—

  • Council Directive 91/494/EEC (OJ No. L268, 24.9.91, p. 35);
  • Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);
  • Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p. 54);
  • Commission Decision 92/369/EEC (OJ No. L195, 14.7.92, p. 25);
  • Council Directive 93/120/EEC (OJ No. L340, 31.12.93, p. 35);
  • Commission Decision 96/482/EC (OJ No. L196, 7.8.96, p. 13);
  • Commission Decision 96/628/EC (OJ No. L282, 1.11.96, p. 73);
  • Council Directive 99/89/EC (OJ L300, 23.11.99 p. 17);
  • Council Directive 99/90/EC (OJ No. L300. 23.11.1999, p. 19);
  • Commission Decision 2000/505/EC (OJ No. L201, 9.8.2000, p. 8);
  • Commission Decision 2002/183/EC (OJ No. L61, 2.3.2002, p. 56);
  • Commission Decision 2002/542/EC (OJ No. L176, 5.7.2002, p. 43);
  • Commission Decision 2004/118/EC (OJ No. L36, 7.2.2004, p. 34); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 20, 21(1), 22(1), 23, 24, 27(2) and 28.

Other specified animals, semen, ova and embryos

5

Instrument: 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/EEC (OJ No. L268, 14.9.92, p. 54), as amended by, and as read with—

  • Commission Decision 95/176/EC (OJ No. L117, 24.5.95, p. 23);
  • Commission Decision 2001/298/EC (OJ No. L102, 12.4.2001, p. 63);
  • Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p. 321[^f00039]);
  • Commission Decision 2004/595/EC (OJ No. L266, 13.8.2004, p. 11); and
  • the European international instruments and Joint Committee Decision 69/96 of 17 July 1998 amending Annex 1 (Veterinary and Phytosanitary matters) to the Agreement on the European Economic Area (OJ No. L158, 24.6.99, p. 1).
  • Relevant provisions in that instrument: Articles 16, 17(1), 17(2) and 18.

Captive birds

6

Instrument: 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 (OJ No. L278, 31.10.2000, p. 26) as read with or amended by—

  • Commission Decision 2001/383/EC (OJ No. L137, 19.5.01, p. 28);
  • Commission Decision 2002/279/EC (OJ No. L99, 16.04.02, p.17); and
  • the European international instruments.
  • Relevant provisions in that instrument: Articles 1, 2, 3, 8 (in so far as not already provided for under regulations 18, 19 and 31), and 9.

Cats, Dogs & Ferrets

7

Instrument: 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 (OJ No. L27, 29.1.2005, p. 48), as read with—

  • Relevant provisions in that instrument: Article 1

Live animals from New Zealand

8

Instrument: Commission Decision 2003/56/EC on health certificates relating to live animals, their semen, ova and embryos imported from New Zealand (OJ No. L22, 25.1.03, p. 38) as amended by—

  • Commission Decision 2004/784/EC (OJ No. L346, 23.11.04, p.11).
  • Relevant provisions in that instrument: Articles 1, 2 and 3.

Zootechnical conditions

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finfish and Shellfish from third countries

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bees

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8 — Quarantine of Captive Birds

PART I — Approvals

1

The Secretary of State may, if he is satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of—

  • (a) a quarantine centre for which he has charge and which at least meets the minimum conditions set out in Annex B of Commission Decision 2000/666/EC (in this Schedule, “the Decision”) in relation to quarantine centres and quarantine units; and
  • (b) a quarantine facility for which he has charge and which at least meets the minimum conditions set out in Annex B of the Decision in relation to quarantine facilities.
2

Subject to the provisions of paragraph 4 of this Part, an approval shall expire at the end of 12 months from the date of its being granted unless—

  • (a) the transitional arrangements in Part IV apply;
  • (b) an earlier expiry date is provided for at the grant of an approval under paragraph 1; or
  • (c) it is revoked under regulation 1(6).
3

The Secretary of State shall give reasons in writing—

  • (a) for refusing an application for an approval provided for under this Schedule;
  • (b) for attaching conditions to an approval granted under this Schedule;
  • (c) for providing that such an approval shall expire earlier than 12 months from the date of its being granted.
4

Notice of a revocation or suspension of an approval granted under this Schedule shall—

  • (a) take effect when it is served, unless otherwise stated in the notice;
  • (b) state—
  • (i) the reasons for the revocation or suspension, and
  • (ii) the time and date when it is to take effect;
  • (c) be served upon the quarantine manager—
  • (i) in person, or by leaving it at the quarantine centre or quarantine facility concerned; or
  • (ii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned, in which case it shall be deemed to be served at 12 noon on the second day after posting it; and
  • (d) be copied to the importer, and so far as is practicable, if the importer is not the owner of the birds concerned, to the owner of the birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.
5

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