These Regulations—

(a)    may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2010;

(b)    apply in England; and

(c)    come into force on 29th July 2010.

The Animals and Animal Products (Import and Export) (England) Regulations 2006 are amended in accordance with regulations 3 to 5.

(1)    In regulation 1(3) substitute for the definition of “Council Directive 90/539/EEC” the following definition—

““Council Directive 2009/158/EC” means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs;”.

(2)    Substitute “Council Directive 2009/158/EC” for “Council Directive 90/539/EEC”—

(a)    in both places that it occurs in regulation 5(5); and

(b)    in Schedule 4 at paragraph 1.

(3)    For regulation 5(6) substitute—

“(6)    An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(a)(i) of Council Directive 2009/158/EC.”.

(4)    For regulation 9 substitute—

(1)    For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC, the Secretary of State shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.

(2)    The Secretary of State shall suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.

(3)    For the purposes of Article 11 of Council Directive 92/65/EEC, the Secretary of State shall approve any semen collection centre or embryo collection team which has applied to the Secretary of State for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.

(4)    The Secretary of State shall approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma and Salmonella infections required under Chapter III of Annex II to Council Directive 2009/158/EC.”.

For Part 1 of Schedule 3 substitute—

Bovine animals and swine

Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine.

Bovine semen

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.

Bovine embryos

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.

Equidae

Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries.

Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae.

Porcine semen

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.

Poultry and hatching eggs

Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs.

Animal waste

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.

Fish

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.

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/EC.

Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.

Ovine and caprine animals

Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals.

Other animals, semen, ova and embryos

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.

Circuses and animal acts

Commission Regulation (EC) No 1739/2005 laying down animal health requirements for the movement of circus animals between member States.

Pathogens

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/EEC.

Pure-bred animals of the bovine species

Council Directive 2009/157/EC on pure-bred breeding animals of the bovine species.

Breeding animals of the porcine species

Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species.

Pure-bred breeding sheep and goats

Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats.

Bluetongue susceptible animals

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.

Transmissible spongiform encephalopathies

Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies.

Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to the BSE risk.”.

For Schedule 7 substitute—

Cloven-hoofed animals and elephants and zoo ungulates

Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements.

Poultry

Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements.

Captive birds

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.

Shellfish and finfish

Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.

Bees

Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements.

Equidae

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.

Commission Decision 2010/57/EU laying down health guarantees for the transit of equidae being transported through the territories listed in Annex I to Council Directive 97/78/EC.

Cats, dogs and ferrets

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.

Cloven-hoofed animals and elephants and zoo ungulates

Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements.

Zoo ungulates

Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals.

General provisions for equidae

Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries.

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.

Temporary admission of registered horses

Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses.

Registered horses for racing etc, upon re-entry

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.

Equidae for slaughter

Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter.

Registered equidae and equidae for breeding and production

Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production.

Poultry

Council Directive 2009/158/EC on animal health conditions governing intra-Commuity trade in, and imports from third countries of, poultry and hatching eggs.

Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements.

Other specified animals, semen, ova and embryos

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.

Captive birds

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.

Cats, dogs and ferrets

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.

Live animals from New Zealand

Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand.

Zootechnical conditions

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.

Transmissible spongiform encephalopathies

Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies.

Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to the BSE risk.”.

Jim Paice

Minister of State

Department for Environment Food and Rural Affairs

5th July 2010

These Regulations replace Part I of Schedule 3 and Schedule 7 to the Animals and Animal Products (Import and Export) (England) Regulations 2006 (SI 2006/1471) (“the principal Regulations”). The changes to these Schedules incorporate new and amended EU legislation that have come into force since the last amendment to these Schedules in the principal Regulations.

These Regulations delete references to Council Directive 90/539/EEC (OJ No L 303, 31.10.1990, p 6) which has been subject to codification in Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ No L 343, 22.12.2009, p 74).

The principal Regulations give effect to EU law concerning the import of animals from third countries and intra-EU trade in animals and animal products. To be eligible for intra-EU trade, animals and genetic material must meet the provisions of the EU legislation listed in Part I of Schedule 3, and any additional requirements specified in that list. Consignments must be accompanied to their destination by a valid health certificate. The principal Regulations require that animals imported from non-EU countries must comply with Council Directive 91/496/EC and the EU legislation set out in Schedule 7. Such animals must enter the EU via an approved Border Inspection Post, where they are checked to ensure they meet EU requirements.

A full Impact Assessment has not been produced for this instrument as no impact on private, voluntary or public sectors is foreseen.