Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2007 (W.S.I. No. No. 3279 (W. 288) of 2007)

W E L S H S TAT U T O RY I N S T R U M E N T S 2007 No. 3279 (W.288) ANIMALS, WALES ANIMAL HEALTH The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2007 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Animals and Animal Products (Import and Export) (Wales) Regulations 2006 (SI 2006/1536 (W.153)) (the “principal Regulations”), to take account of 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. The amendments to the principal Regulations— (a) regulate the export of live bluetongue susceptible animals, and their semen, ova and embryos to other member States and third countries (regulation 2(5), (6) and (8)); (b) provide powers for inspectors to prohibit exports to third countries, and seize consignments of live animals destined for third countries (regulation 2(5)); and (c) define “pet” in regulation 2(3) of the principal Regulations (regulation 2(3)). A regulatory impact assessment has not been prepared for these Regulations. 11 2 W E L S H S TAT U T O RY I N S T R U M E N T S 2007 No. 3279 (W.288) ANIMALS, WALES ANIMAL HEALTH The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2007 Made - - - - 15 November 2007 Laid before the National Assembly for Wales 16 November 2007 Coming into force - - - 17 November 2007 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 by that section. Title, application and commencement 1. The title of these Regulations is the Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2007. They apply in relation to Wales and come into force on 17 November 2007. Amendment of the Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2.—(1) The Animals and Animal Products (Import and Export) (Wales) Regulations 2006(3) are amended as follows. (2) In regulation 1(2), after the definition of “assembly centre”, insert— ““bluetongue susceptible animal” means any ruminating animal;”. (3) In regulation 2, after paragraph (2) insert— “(3) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No. 998/2003.”. (4) For the heading of Part 3 substitute— (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. (2) 1972 c. 68. (3) S.I. 2006/1536 (W.153) as last amended by S.I. 2007/1627 (W.137). “Third Country Imports”. (5) After regulation 27 insert— “PART 4A Third Country Exports Application of Part 4A 27A. This Part applies in respect of any animal, semen, ovum or embryo exported other than to a member State. Exports to third countries 27B.—(1) A person must not export any animal, semen, ovum or embryo to a third country unless it complies with the relevant provisions of the instrument listed in Schedule 8A. (2) If an inspector has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation he or she may by notice served on that person, his or her representative or the person appearing to him or her to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice. (3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal, semen, ovum or embryo to which it relates and arrange for the requirements of the notice to be complied with.î. (6) At the end of Part I of Schedule 3, insert— “Bluetongue susceptible animals 16. Instrument: 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 (OJ No. L283, 27.10.2007, p. 37). Relevant provisions in that instrument: Articles 7(1), 7(2), 7(4), 8(1), 8(3), 8(4)(a) and (b), 8(6) and 9, and Annex III.”. (7) For the heading of Schedule 7 substitute— “Community legislation in relation to imports from third countries”. (8) After Schedule 8 insert— “SCHEDULE 8A Community legislation in relation to exports to third countries Bluetongue susceptible animals 1. Instrument: 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 (OJ No. L283, 27.10.2007, p. 37). 3 Relevant provisions in that instrument: Articles 7(1), 7(2), 7(4), 8(1), 8(3), 8(4)(a) and (b), 8(6) and 9, and Annex III.”. Elin Jones Minister for Rural Affairs, one of the Welsh Ministers 15 November 2007 © Crown copyright 2007 Printed and Published in the UK by the Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. £3.00 W0199/11/07 ON