The Trade in Animals and Related Products Regulations (Northern Ireland) 2011

Made: 21st December 2011

Coming into operation: 1st January 2012

The Department of Agriculture and Rural Development makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

PART 1 — INTRODUCTION

Citation and commencement

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These Regulations may be cited as the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 and shall come into operation on 1st January 2012.

Interpretation

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• (1) In these Regulations—

• “the Agency” means the Food Standards Agency;

• “animal” means an animal of any kind, including a bird, fish or invertebrate;

• “authorised officer” means a person who is authorised by the Department, a district council, or the Agency either generally or specifically, to act in matters arising under these Regulations, whether or not that person is an officer of the Department, a district council or the Agency;

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• “the Department” means the Department of Agriculture and Rural Development;

• “enforcement authority” has the meaning given in regulation 31;

• “equidae” means wild or domesticated animals of the equine (including zebras) or asinine species or the offspring or crossings of those species;

• “genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;

• ”health certificate” includes the equivalent of a health certificate in electronic form;

• “importer” means the natural or legal person who presents animals or products for importation from outside Northern Ireland;

• “intensified official controls” means those controls carried out in accordance with Article 65(4) of the EU Regulation;

• “official controls” means activities performed in accordance with Article 2(1) of the EU Regulation;

• “official veterinary surgeon” means a veterinary surgeon appointed by the Department in accordance with regulation 12(1)(a);

• “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;

• “the published nomenclature list” means the list of products published and amended from time to time by the Secretary of State, specifying products by reference to the relevant nomenclature for the purposes of determining the selection of consignments that must be submitted to veterinary checks at a border inspection post.

• (1A) In these Regulations—

• (a) “the EU Regulation” is a reference to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;

• (b) “Regulation (EU) No. 2016/1012” is a reference to Regulation (EU) No. 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof;

• (c) any reference to a “border inspection post” is to be read as a reference to a “border control post” as defined in regulation 11; and

• (d) any reference to a “CVED” is to be read as a reference to a “CHED” as defined in regulation 10.

• (2) All references in Schedule 2 to European Union instruments are references to those instruments as amended from time to time.

• (2B) For the purposes of any reference to a Directive in these Regulations, any EU instrument to which that Directive refers, or to which any EU instrument referred to by that Directive refers, and which is a reference to that instrument as it has effect from time to time, is to be read as a reference to the instrument as it has effect immediately before exit day.

• (3) The Interpretation Act (Northern Ireland) 1954[^f00007] shall apply to these Regulations as it applies to an Act of the Assembly.

Exceptions for pet animals

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• (1) These Regulations do not apply in relation to pet animals where—

• (a) the movement is a non-commercial movement, and

• (b) in the case of cats, dogs and ferrets—

• (i) the pet animal is accompanying the owner or authorised person, or

• (ii) where more than five pet animals are accompanying the owner or authorised person, the conditions set out in Article 5(2) of the Pets Regulation are fulfilled.

• (2) In this regulation—

• “authorised person”, “non-commercial movement” and “owner” have the meaning given by Article 3 of the Pets Regulation;

• “the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;

• “pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases;

• “accompanying” has the same meaning as in the Pets Regulation.

International agreements

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Trade with the Faroe Islands, Greenland, Iceland, Liechtenstein, Norway and Switzerland under any agreement between those countries and the European Union is treated as trade between member States for the purposes of these Regulations.

PART 2 — MOVEMENT TO OR FROM MEMBER STATES

Movement of animals and genetic material between member States

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• (1) No animal or genetic material may be sent to or brought from a member State unless it is accompanied by an original health certificate.

• (1A) No animal product may be sent to or brought from a member State, unless it is accompanied by a relevant document.

• (2) The consignee of an incoming consignment shall keep the certificate for 12 months from the date of delivery of the consignment.

Preparation of a health certificate

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• (1) In order to prepare a health certificate for the consignment of an animal , animal product or genetic material to a member State, the person intending to despatch the consignment shall apply to the Department or a person authorised by the Department for a uniquely numbered certificate.

• (2) The certificate shall then be completed by a person authorised to do so by the Department, in accordance with the instructions sent by the Department with the certificate.

• (3) The person completing the certificate shall ensure that the conditions specified in the certificate are fulfilled and that all necessary examinations have been carried out.

• (4) If everything is in order the person shall sign the certificate.

• (5) A person shall not sign a certificate unless authorised to do so by the Department.

• (6) A person shall not sign a certificate knowing it to be false, or believing it not to be true.

Notification of movement of animals and genetic material to and from member States

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• (1) No animal or genetic material shall be consigned to a member State unless the consignor or their representative has notified the competent authority of the member State of destination, at least one working day before the expected arrival of the consignment.

• (2) No animal, (other than registered horses accompanied by identification documentation provided for by Council Directive 90/427/EEC (on the zootechnical and genealogical conditions governing intra-Community trade in equidae) , as last amended by Council Directive 2008/73/EC, or genetic material shall be brought into Northern Ireland from a member State unless the person bringing in the consignment has notified the Department, at least 24 hours in advance of the intended arrival of the consignment.

Additional requirements in specific cases

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Part I of Schedule 3 makes additional requirements for specific cases.

PART 3 — IMPORTATION FROM A THIRD COUNTRY

Scope of this Part

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This Part applies in relation to the importation into Northern Ireland from a country outside the European Union of any animal or product subject to official controls at border control posts.

Importation

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Border inspection post

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• (1) A border control post is a place, together with the facilities contained at that place, that has been designated by the Department in accordance with Article 59 and listed by the European Commission in accordance with Article 60 for the performance of the official controls set out in Article 47(1) of the EU Regulation.

• (2) If at any time the relevant authority is of the opinion that any part of the inspection facilities at the border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the EU Regulation, serve a notice on the operator—

• (a) specifying the breach;

• (b) providing a time limit within which the conditions must be complied with; and

• (c) prohibiting the use of that part of the facilities until the conditions of the approval are complied with.

• (3) If the notice is not complied with, the Department may suspend the approval in relation to that part of the inspection facilities.

• (4) If the operator of a border control post is determined by the relevant authority to be in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which it has been designated, or the conditions of the approval, or if the operation of the border control post creates a risk to human or animal health or animal welfare, the Department must suspend the approval of the border control post and order its activities to cease for all, or specified categories of animal or product, and must inform the Commission of the suspension and the reason.

• (5) In this regulation, “the relevant authority” means—

• (a) in relation to animals and genetic material, the Department; or

• (b) in relation to products, the Department or the district council as the case may be.

Appointment of official veterinary surgeons and authorised officers

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• (1) The Department shall appoint—

• (a) suitably trained veterinary surgeons to be official veterinary surgeons;

• (b) such appropriately trained assistants for each official veterinary surgeon appointed under sub-paragraph (a),

for any border inspection post authorised to import animals.

• (2) A district council shall appoint—

• (a) an authorised officer to carry out the regulatory functions in relation to fish and fishery products at each border inspection post in its district;

• (b) such appropriately trained assistants for each authorised officer appointed under sub-paragraph (a),

if the approval for the border inspection post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods intended for human consumption.

• (3) An authorised officer appointed under paragraph (2) shall have all the powers of an official veterinary surgeon in relation to those products referred to in paragraph (2).

• (4) The appointment under paragraph (2) may be made by the Department rather than the district council if the approval for the border inspection post only permits the importation of animal by-products.

Place of importation

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An animal or product shall not be imported into Northern Ireland other than at a border inspection post designated for that animal or product.

Notification of importation

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• (1) The person responsible for a consignment of animals or products must notify the border control post of destination of the expected date of its arrival at the border control post at least one working day before it is due to arrive; but where the person can provide evidence of a logistical constraint preventing such notification, that the requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The notification shall be made by submitting the CVED with Part I completed.

• (4) In the case of a transhipment of products from one border control post to another, the person responsible for the consignment must notify the official veterinary surgeon at the border control post of destination of—

• (a) the estimated time of arrival;

• (b) the border control post at which the transhipment will be checked;

• (c) the identification and location of the consignment; and

• (d) the estimated time of departure.

Procedure on importation

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• (1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the relevant health certificate published by the Department of Agriculture, Environment and Rural Affairs, to be presented at the border control post inspection facilities to enable official controls in accordance with—

• (a) Chapter 5 of the EU Regulation, together with relevant implementing and delegated acts, and

• (b) the checks required by Article 37(1) of Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof.

• (2) Any operator responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

• (3) The competent authority must carry out all necessary official controls specified in paragraph (1) and may only issue CHED permitting entry if—

• (a) the consignment complies with the conditions of trade relevant to it in any assimilated law or European Union instrument listed in Schedule 2;

• (b) the importation is not prohibited under paragraph (4); and

• (c) the correct fee for the checks has been or will be paid.

• (4) In the case of live animals, the official veterinary surgeon must not issue a CHED permitting entry if—

• (a) the animals are from a territory or part of a territory of a third country not included in the lists drawn up in accordance with legislation of the European Union for the species concerned or from which imports are prohibited under that legislation;

• (b) the animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;

• (c) the exporting third country has not complied with the requirements provided for in legislation of the European Union;

• (d) the animals are not in a fit state to continue their journey; or

• (e) the veterinary certificate or document accompanying the animals does not meet the requirements of legislation of the European Union relating to importation.

• (5) If there are no legislative requirements relating to the consignment, the official veterinary surgeon must not issue a CHED unless the importation has been authorised in writing under this paragraph by—

• (a) the Food Standards Agency for any product for which only public health requirements apply; or

• (b) the Department for any other product.

• (6) An authorisation under paragraph (5)(a) may only be granted if the Agency is satisfied that the consignment does not pose a risk to human health.

• (7) An authorisation under paragraph (5)(b) may only be granted if the Department is satisfied that the consignment does not pose a risk to the animal health status of the United Kingdom.

• (8) The official veterinary surgeon must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.

Removal from the border inspection post

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• (1) No person may remove a consignment from the border control post unless it is accompanied by a CHED issued by the official veterinary surgeon or the authorised officer (as appropriate) in the case of a consignment of fish and the movement is in accordance with that document.

• (2) The person transporting it from the border control post must ensure that the document accompanies the consignment and must transport it directly to the destination specified therein.

• (3) These requirements do not apply if the consignment is removed from the border control post under the authority of the relevant official veterinary surgeon or the authorised officer (as appropriate).

• (4) In the case of live animals, the person responsible for the transport to the final destination must be in possession of the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations inside the vehicle.

• (5) In this regulation, requirements for a consignment to be “accompanied by a CHED” (and cognate expressions), in relation to a CHED in electronic form, refer to the CHED being capable of being produced at any time by the person responsible for the consignment.

Channelling

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