The Trade in Animals and Related Products Regulations 2011

Made: 27th April 2011

Laid before Parliament: 4th May 2011

Coming into force: 25th May 2011

The Secretary of State 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 and section 56(1) of the Finance Act 1973.

PART 1 — Introduction

Title, application and commencement

1

These Regulations may be cited as the Trade in Animals and Related Products Regulations 2011; they apply in England and come into force on 25th May 2011.

Interpretation

2

• (1) In these Regulations—

• “the TARP (ALF) Regulations 2022” means the Trade in Animals and Related Products (Amendment and Legislative Functions) (EU Exit) Regulations 2022;

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

• “appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of the Official Controls Regulation;

• “border control post” has the meaning given in regulation 11;

• “CHED” has the meaning given in regulation 10;

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

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

• “health certificate” in these Regulations includes the equivalent of a health certificate in electronic or digital form;

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

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

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

• “official fish inspector” means a suitably trained person appointed in accordance with regulation 12;

• “official veterinary surgeon” means a suitably trained veterinary surgeon appointed in accordance with regulation 12;

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

• “product” means— any product of animal origin, germinal product, animal by-product, derived product or hay or straw subject to official controls at border control posts; andany composite product listed in Commission Decision 2007/275 concerning lists of animals and products to be subject to official controls at border control posts;

• “third country” means any country or territory other than the British Islands.

• “the transitional staging period” has the meaning given in Annex 6 to the Official Controls Regulation.

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

• (3) In these Regulations—

• (a) “Official Controls 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The terms used in Schedule 6 have the same meaning as in Commission Regulation (EU) No 142/2011.

Exceptions for pet animals

3

• (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.

• (1A) In addition to the requirements of these Regulations, dogs, cats and ferrets not exempted by paragraph (1) must not be moved into England from a third country unless they comply with the requirements set out in—

• (a) points (a) to (d) of Article 10(1), subject to paragraph (1) of Article 12, of the Pets Regulation; and

• (b) Commission Implementing Decision (EU) 2019/294 laying down the list of territories and third countries authorised for imports of dogs, cats and ferrets and the model animal health certificate for such imports.

• (2) In this regulation—

• “authorised person”, “non-commercial movement” and “owner” have the meanings 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

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Movement between member States

Movement of animals and genetic material between member States

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation of a health certificate

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional requirements in specific cases

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Importation from a third country

Scope of this Part

9

Subject to regulation 26, this Part applies in relation to the importation into England from a third country of any animal or product subject to official controls at border control posts.

Meaning of “CVED”

10

• (1) A “Common Health Entry Document” (“CHED”) means a document, or an electronic or digital equivalent, in the format specified in Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components.

• (2) Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant parts of the document prior to the physical arrival of the consignment.

• (3) The cases where and conditions under which the use of a CHED is required are specified in` Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination.

• (4) Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the Official Controls Regulation.

• (5) An electronic or digital equivalent refers to a CHED which is capable of being produced by the person responsible for the consignment at any time by electronic means or by use of a unique digital identifier, as defined in Article 3(27A) of the Official Controls Regulation.

Border inspection post

11

• (1) A border control post is a place, together with the facilities contained at that place, that has been designated by the Secretary of State in accordance with Article 59 of the Official Controls 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 Official Controls 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 Secretary of State 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 Secretary of State must suspend the approval of the border control post and order its activities to cease for all, or specified, categories of animal or product ....

• (5) In paragraph (2), “the relevant authority” means—

• (a) in relation to animals, the Secretary of State; or

• (b) in relation to products, the district council.

Appointment of official veterinary surgeons and official fish inspectors

12

• (1) The Secretary of State must appoint suitably trained veterinary surgeons to be official veterinary surgeons for any border control post authorised to import animals.

• (2) The district council for an area with a border control post authorised to import products must appoint suitably trained veterinary surgeons to be official veterinary surgeons for that post.

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

• (4) If the approval for the border control post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods and composite products containing processed fishery products intended for human consumption, the enforcement authority may appoint suitably trained environmental health officers or other persons who are appropriately trained to perform official controls or certain tasks related to other official activities, to be official fish inspectors for that post in relation to such products, and any such official fish inspector has all the powers of an official veterinary surgeon in relation to those products.

Place of importation

13

No animal or product may be brought into England other than through a border control post or a point of entry for which a border control post has been designated for that animal or product.

Notification of importation

14

• (1) The person responsible for a consignment of animals or products must notify , through the appropriate computerised information management system, a border control post 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 requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.

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

• (3) The notification must be made by submitting the CHED 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

15

• (1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the relevant export health certificate, in the form published by the Secretary of State and amended from time to time, and other documentation specified for that consignment in assimilated direct legislation relating to importation, to be presented at the border control post inspection facilities to enable official controls in accordance with—

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

• (b) the checks required by Article 37(1) of Regulation (EU) 2016/1012.

• (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 a CHED permitting entry if—

• (a) the consignment complies with the requirements of the following, so far as relevant and when read with any other provisions of the legislation referred to below which apply in relation to such requirements—

• (i) the legislation listed in regulation 7(2) of the TARP (ALF) Regulations 2022, as modified by Part 5 of those Regulations or by the legislation referred to in paragraph (ii);

• (ii) any legislation made by the appropriate authority under the functions listed in the Schedule to the TARP (ALF) Regulations 2022, where applicable.

• (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 a list drawn up in accordance with assimilated direct legislation for the species concerned or from which imports are otherwise prohibited under that legislation of approved third countries, or if imports from that country or territory are otherwise prohibited;

• (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 assimilated direct legislation relating to importation;

• (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 assimilated direct legislation 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 Secretary of State, for any other product or live animal.

• (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 Secretary of State 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

16

• (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 official fish inspector (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 fish inspector (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 or digital form, refer to the CHED being capable of being produced by the person responsible for the consignment at any time by electronic means or by use of a unique digital identifier, as defined in Article 3(27A) of the Official Controls Regulation.

Channelling

17

Where a consignment is required to be taken under supervision from a border control post to a specific destination in Great Britain—

• (a) the movement must be under customs supervision if this is specified in the CHED; and

• (b) on arrival, the occupier of the destination premises must immediately notify the appropriate authority of its arrival, and for this purpose “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland).

Destination outside the United Kingdom

18

• (1) This regulation relates to a consignment brought into England but intended for an ultimate destination outside Great Britain.