Joint Committee on Statutory Instruments Twenty-Eighth Report


Memorandum by the Ministry of Agriculture, Fisheries and Food


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 92/118/EEC.

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 Order 1993.

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 replacement Order.

16th March 1998

previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1998
Prepared 8 April 1998