Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and re-enact with changes the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 325).

They implement Council Directive 90/425/EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market) (O.J. No. L224, 18.8.90, p. 29) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) (O.J. No. L268, 24.9.91, p. 56).

They continue to include the following provisions:

With respect to intra-Community trade, the Regulations make it an offence to export, import or transport for intra-Community trade any animal or animal product to which Directive 90/425/EEC applies except in accordance with that Directive (regulations 5, 6 and 7).

The Regulations also set out the procedure and requirements for the registration of dealers in animals and animal products (regulation 8).

The requirements and procedures for approval of centres and teams engaging in intra-Community trade in animals and animal products are set out (regulation 9).

They give to inspectors the powers of inspection and examination specified in Directive 90/425/EEC, together with the necessary powers of entry (regulations 10 and 22).

They place duties on consignees of animals and animal products (regulation 11).

The Regulations specify the preconditions for the approval of assembly centres (regulation 12).

They provide for procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal (regulation 13).

With respect to the importation of animals from third countries, the Regulations prohibit the importation of any animal unless the conditions of Council Directive 91/496/EEC are complied with (regulation 15).

At the place of destination, animals for breeding and production may not be released until authorised by an authorised officer of the Department (regulation 18).

The Regulations also give powers to the Department to take action in the event of an outbreak of disease in another state (regulation 20) and make provision for the notification of decisions, powers of entry and penalties.

Changes from the previous legislation

Regulation 3(2) implements the requirement in Article 12 of Regulation (EC) No. 998/2003 (O.J. No. L146, 13.6.2003, p. 1) that where any person is travelling with more than 5 pets of certain species from certain third countries, those animals shall be subject to the veterinary checks provided for in these Regulations, notwithstanding the general exemption for pets from veterinary checks in regulation 3(1).

These Regulations implement Council Directive 2003/50/EC (amending Directive 91/68/EEC as regards reinforcement of controls on movements of ovine and caprine animals) (O.J. No. L169, 8.7.2003, p. 51). The amended provisions of Directive 91/68/EEC relating to health controls for assembly centres, dealers and transporters, in the case of sheep and goats, are reflected in regulations 7 and 12, and Parts II and III of Schedule 2 to these Regulations.

Regulation 15(8) has been revised to reflect the provisions of Commission Regulation (EC) No. 282/2004 (introducing a document for the declaration of, and veterinary checks, on animals from third countries entering the Community) (O.J. No. L49, 19.2.2004, p. 11), including the requirements relating to the new “common veterinary entry document”, which an importer must use to give notice of his intention to import an animal into the Community from a third country, and which the official veterinarian must use to record his decision on the consignment.

Regulation 18 has been revised to reflect the requirements of Article 7(ii) of Commission Decision 2004/212/EC (O.J. No. L73, 11.3.2004, p. 11). Elephants and animals of the order Artiodactyla imported from third countries for certain purposes must be kept at their place of destination for 30 days and may not be released unless authorised by an authorised officer of the Department. The order Artiodactyla includes animals commonly known as pigs, sheep, goats, cattle, camelids and hippopotamuses (this list is not exhaustive).

Schedules 1, 2, 3 and 4 have been updated in order to implement Community instruments that have come into force since the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 were made.