The Trade in Animals and Related Products (Wales) Regulations 2011

Made: 28 September 2011

Laid before the National Assembly for Wales: 28 September 2011

Coming into force: 19 October 2011

The Welsh Ministers are designated for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in that section and it appears to the Welsh Ministers that it is expedient for the references to the European instruments in Schedule 1 to these Regulations to be construed as references to those instruments as amended from time to time.

In accordance with section 56(1) of the Finance Act 1973 , the Treasury consent to the making of these Regulations.

The Welsh Ministers make 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

Title, application and commencement

1

The title of these Regulations is the Trade in Animals and Related Products (Wales) Regulations 2011. They apply in relation to Wales and come into force on 19 October 2011.

Interpretation

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• (1) In these Regulations—

• “the TARP (ALF) (Wales) (EU Exit) Regulations 2022” (“Rheoliadau’r FAChP (DSD) (Cymru) (Ymadael â’r UE) 2022”) means the Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022;

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

• “appropriate computerised information management system” (“system rheoli gwybodaeth gyfrifiadurol briodol”) means the computerised information management system for official controls referred to in Article 131 of the Official Controls Regulation;

• “border control post” (“safle rheoli ar y ffin”) has the meaning given in regulation 11;

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

• “enforcement authority” (“awdurdod gorfodi”) has the meaning given in regulation 31;

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

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

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

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

• “local authority” (“awdurdod lleol”) means in relation to an area, the county or county borough council for that area;

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

• “official fish inspector” (“arolygydd pysgod swyddogol”) means a suitably trained person appointed in accordance with regulation 12;

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

• “port health authority” (“awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

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

• “product” (“cynnyrch”) 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” (“trydedd wlad”) means any country or territory other than the British Islands

• “the transitional staging period” (“ycyfnod graddoli trosiannol”) has the meaning given in Annex 6 to the Official Controls Regulation.

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

• (3) In these Regulations,—

• (a) “Official Controls Regulation” (“Rheoliad Rheolaethau Swyddogol”) 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” (“Rheoliad (EU) Rhif 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” (“arolygfa ffin”) is to be read as a reference to a “border control post” (“safle rheoli ar y ffin”) as defined in regulation 11; and

• (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 Wales 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—

• “accompanying” (“mynd gyda”) has the same meaning as in the Pets Regulation;

• “authorised person” (“person awdurdodedig”), “non-commercial movement” (“symud anfasnachol”) and “owner” (“perchennog”) have the meanings given by Article 3 of the Pets Regulation;

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

• “the Pets Regulation” (“y Rheoliad Anifeiliaid Anwes”) 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.

International agreements

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PART 2 — Movement between member States

Movement of animals and genetic material between member States

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Preparation of a health certificate

6

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

7

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Additional requirements in specific cases

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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 Wales 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”) (“Dogfen Mynediad Iechyd Gyffredin” (“DMIG”)) means a document, or an electronic or digital equivalent, in the format specified in Commission Implementing Regulation (EU) (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

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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 Welsh Ministers 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 Welsh Ministers 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 relating to the performance requirements 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 Welsh Ministers 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” (“yr awdurdod perthnasol”) means—

• (a) in relation to animals, the Welsh Ministers; or

• (b) in relation to products, the local authority.

Appointment of official veterinary surgeons and official fish inspectors

12

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

• (2) The local authority 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 Welsh Ministers rather than the local authority 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 Wales 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

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• (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

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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 export health certificate, in the form published by the Welsh Ministers or the Secretary of State, 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 4(2) of the TARP (ALF) (Wales) (EU Exit) Regulations 2022, as modified by Part 5 of those Regulations or by the legislation referred to in paragraphs (ii) and (iii);

• (ii) legislation made by the Welsh Ministers, as appropriate authority, under the functions listed in the Schedule to the TARP (ALF) (Wales) (EU Exit) Regulations 2022, where applicable;

• (iii) legislation made by the Secretary of State, as appropriate authority in relation to Wales, under the functions listed in the Schedule to the Trade in Animals and Related Products (Amendment and Legislative Functions) 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—