Memorandum by the Ministry
of Agriculture, Fisheries and Food
ORDER (S.I. 1998/463)
1. The Committee asked -
"This instrument re-enacts
the 1993 Order which implemented certain Community obligations
referred to in its Explanatory Note. Explain why this instrument
does not include in its Explanatory Note a corresponding statement
identifying the Community obligations it implements (as required
by paragraph 2.101 of the Statutory Instrument Practice)."
2. The Explanatory Note to the
Specified Animal Pathogens Order 1993 explained that the Order
implemented the provisions relating to pathogens in Council Directive
3. Before 1993, trade in pathogens
was regulated by the Importation of Pathogens Order 1980 (S.I. 1980/1212).
The Order required a licence for the importation of pathogens
into Great Britain and conditions were imposed in the licences
as to the use of imported pathogens. The coming into force of
Directive 92/118 required changes to be made in domestic law.
The Directive inter alia established standard conditions for trade
in pathogens, and required free intra-Community trade in pathogens
meeting those conditions.
4. The provisions of the directive
were implemented in two ways. First, the importation of pathogens
became regulated by the Animals and Animal Products (Import and
Export) Regulations 1993 (now the Animals and Animal Products
(Import and Export) Regulations 1998) which specify that imported
pathogens must comply with the conditions of Directive 92/118.
Secondly, the Importation of Animal Pathogens Order was amended
so as to remove the requirement for a licence for intra-Community
trade; this was done by article 10 of the Specified Animal Pathogens
5. If the matter had been left
there, there would have been no conditions on the use of pathogens
within Great Britain. Consequently, the 1993 Order imposed controls
on all person in possession of pathogens.
6. The Ministry accepts that the
Explanatory Note of the 1993 Order did not explain this fully,
and apologises for this. However, it would have been incorrect
to refer to the Directive in the replacement Order. The 1998 Order
is a purely domestic measure which does not relate to Directive
92/118; the Directive was implemented by the amendment to the
Importation of Animal Pathogens Order in the 1993 Order. This
amendment is not affected by the 1998 Order.
7. The Committee asked -
"Explain why this instrument
does not re-enact the offence of obstruction of inspectors contained
in article 8 of the 1993 Order."
8. It is already an offence under
Section 66 of the Animal Health Act 1981 for any person to obstruct
or impede an inspector in the execution of his duty. It was felt
unnecessary to repeat that provision of the 1993 Order in the
16th March 1998