Chwilio Deddfwriaeth

The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Regulation 2(5)

SCHEDULE 1AMENDMENTS TO COUNCIL DIRECTIVES 90/425/EEC AND 91/496/EEC

1.  Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29), has been amended by, and must be read with—

  • Council Directive 90/539/EEC (O.J. No. L303, 31.10.90, p. 6);

  • Council Directive 91/67/EEC (O.J. No. L46, 19.2.91, p. 1);

  • Council Directive 91/68/EEC (O.J. No. L46, 19.2.91, p. 19);

  • Council Directive 91/174/EEC (O.J. No. L85, 5.4.91, p. 37);

  • Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56);

  • Council Directive 91/628/EEC (O.J. No. L340, 11.12.91, p. 17);

  • Council Directive 92/60/EEC (O.J. No. L268, 14.9.92, p. 75);

  • Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54);

  • Council Directive 92/118/EEC (O.J. No. L62, 15.3.93, p. 49);

  • Commission Decision 93/444/EEC (O.J. No. L208, 19.8.93, p. 34);

  • Commission Decision 94/338/EC (O.J. No. L151, 17.6.94, p. 36);

  • Commission Decision 94/339/EC (O.J. No. L151, 17.6.94, p. 38);

  • Council Directive 97/78/EC (O.J. No. L24, 30.1.98, p. 9);

  • Council Directive 2002/33/EC (O.J. No. L315, 19.11.2002, p. 14);

  • and the European International Instruments.

2.  Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56), has been amended by, and must be read with—

Regulations 4, 5(1), 6(1), (2), 7(5), 8(1), 10,12(7)(a), 13(4), 29(2)(b) and 33

SCHEDULE 2INTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL REQUIREMENTS

PART ILEGISLATION IN RELATION TO INTRA-COMMUNITY TRADE

Bovine animals and swine

1.  Instrument: Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (O.J. No. L109, 25.4.97, p. 1), and as subsequently amended by—

Relevant provisions in that instrument: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports), and 12(3).

Additional requirements:

(a)The official health certificate accompanying all cattle imported into Northern Ireland from Spain must contain the statement: “Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro-pneumonia”.

(b)The official health certificate accompanying all cattle imported into Northern Ireland from Portugal must contain the statement: “Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia”.

(c)The official health certificate accompanying all swine imported into Northern Ireland from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those parts of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: “Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky’s disease(1)”.

(d)Exports of cattle from Northern Ireland to the countries listed in Annexes I and II of Commission Decision 2004/558/EC (O.J. No. L249, 23.7.2004, p. 20)—

(i)must meet the additional guarantees laid down in Article 2(1), Article 2(2)(b)(i) or Article 2(2)(c)(for exports to Germany), and (for exports to Denmark, Italy, Austria, Finland and Sweden) Article 3(1) of that Decision; and

(ii)in relation to the certification accompanying such exports—

(aa)for bovine animals exported to Germany, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent the additional guarantees of Article 2 which are met by the cattle must be specified as follows: “Article 2(1), [or] Article 2(2)(b)(i) [or] Article 2(2)(c) [as the case may be] of Commission Decision 2004/558/EC”; and

(bb)for bovine animals exported to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent “Article 3 of Commission Decision 2004/558/EC” must be entered.

(e)In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (O.J. No. L178, 17.7.2003, p. 28), the importation into Northern Ireland from the Italian region of Sardinia of animals of the suidae family is prohibited.

(f)The official health certificate accompanying swine imported into Northern Ireland from Italy must contain the statement “Animals in accordance with Commission Decision 2005/779/EC(2) concerning animal health protection measures against swine vesicular disease in Italy”.

Bovine semen

2.  Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (O.J. No. L194, 22.7.88, p. 10), as amended by, and as read with—

  • Council Directive 90/120/EEC (O.J. No. L71, 17.3.90, p. 37);

  • Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29);

  • Council Directive 93/60/EEC (O.J. No. L186, 28.7.93, p. 28);

  • Council Directive 2003/43/EC (O.J. No. L143, 11.6.2003, p. 23);

  • Commission Decision 2004/205/EC (O.J. No. L65, 3.3.2004, p.23);

  • Commission Decision 2004/101/EC (O.J. No. L30, 4.2.2004, p. 15); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 3 and 6.

Bovine embryos

3.  Instrument: Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (O.J. No. L302, 19.10.89, p. 1), as amended by, and as read with—

  • Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29);

  • Council Directive 93/52/EEC (O.J. No. L175, 19.7.93, p. 21);

  • Commission Decision 94/113/EC (O.J. No. L53, 24.2.94, p. 23);

  • Commission Decision 2004/205/EC (O.J. No. L65, 3.3.2004, p.23); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 3 and 6.

Equidae

4.  Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L224, 18.8.90, p. 42), as amended by, and as read with—

  • Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29);

  • Council Directive 90/427/EEC (O.J. No. L224, 18.8.90, p. 55);

  • Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56);

  • Council Directive 92/36/EEC (O.J. No. L157, 10.6.92, p. 28);

  • Commission Decision 92/130/EEC (O.J. No. L47, 22.2.92, p. 26);

  • Commission Decision 93/623/EEC (O.J. No. L298, 3.12.93, p. 45) as amended by Commission Decision 2000/68/EC (O.J. No. L23, 28.1.2000, p. 72);

  • Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63);

  • Commission Decision 2002/160/EC (O.J. No. L53, 23.2.2002, p. 37); and

  • the European International Instruments.

Relevant provisions in that instrument, subject to and as read with the following Notes: Articles 4, 5, 7(1) and 8.

Notes:

(a)The requirements of Articles 4(1), 4(2) and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of a registered horse accompanied by an identification document provided for in Council Directive 90/427/EEC.

(b)For the avoidance of doubt, the derogation permitted under Article 7(2) shall not apply in relation to equidae brought into Northern Ireland.

Porcine semen

5.  Instrument: Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (O.J. No. L224, 18.8.90, p. 62) and Commission Decision 99/608/EC (O.J. No. L242, 14.9.99, p. 20); as amended by, and read with—

  • Commission Decision 99/608/EC (O.J. No. L242, 14.9.1999, p. 20);

  • Commission Decision 2000/39/EC (O.J. No. L13, 19.1.2000, p. 21);

  • Commission Decision 2004/205/EC(O.J. No. L65, 3.3.2004, p.23);

  • and the European International Instruments.

Relevant provisions in that instrument: Articles 3, 4(1), 4(2) and 6(1).

Additional requirements: The official health certification accompanying all porcine semen imported into Northern Ireland from any other member State must state that the semen was collected from boars “on a collection centre which only contains animals that have not been vaccinated against Aujeszky’s disease and which have reacted negatively to the serum neutralisation test or to the ELISA test for Aujeszky’s disease, in accordance with the provisions of Council Directive 90/429/EEC” and paragraph 13(b)(ii) of the model health certificate provided in Annex D of Council Directive 90/429/EEC must be deleted in all cases.

Poultry and hatching eggs

6.  Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L303, 30.10.90, p. 6), as amended by, and as read with—

  • Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29);

  • Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56);

  • Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54);

  • Commission Decision 92/340/EEC (O.J. No. L188, 8.7.92, p. 34);

  • Commission Decision 92/369/EEC (O.J. No. L195, 14.7.92, p. 25);

  • Council Directive 93/120/EEC (O.J. No. L340, 31.12.93, p. 35);

  • Council Directive 95/410/EC (O.J. No. L243, 11.10.95, p. 25) as amended by Council Decision 98/227/EC (O.J. No. L87, 21.3.98, p. 14);

  • Commission Decision 97/278/EC (O.J. No. L110, 26.4.97, p. 77);

  • Council Directive 99/90/EC (O.J. No. L300, 23.11.99, p. 19);

  • Commission Decision 2000/505/EC (O.J. No. L201, 9.8.2000, p. 8);

  • Commission Decision 2001/867/EC (O.J. No. L323, 7.12.2001, p. 29);

  • Commission Decision 2003/644/EC (O.J. No. L228, 12.9.2003, p. 29);

  • Commission Decision 2004/235/EC (O.J. No. L72, 11.3.2004, p. 86); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 6 to 11, 12(1), and 15 to 17.

Additional requirements:

(a)The official health certification accompanying breeding poultry exported from Northern Ireland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8 September 2003.

(b)The official health certification accompanying day-old chicks exported from Northern Ireland to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8 September 2003.

(c)The official health certification accompanying laying hens exported from Northern Ireland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2004/235/EC of 11 March 2004.

(d)The official health certification accompanying poultry for slaughter exported from Northern Ireland to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22 June 1995.

(e)The official health certification accompanying poultry, hatching eggs and day-old chicks imported into Northern Ireland from Italy shall include the words “The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC”(3).

(f)In the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC which are—

(i)exported from such a protection zone in Northern Ireland to another member State, or

(ii)imported from such a protection zone in another member State into Northern Ireland pursuant to the derogation in Article 7 of Commission Decision 2006/115/EC, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms:

“This consignment complies with the animal health conditions laid down in Commission Decision 2006/115/EC.”

Animal waste

7.  Instrument: Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption (O.J. No. L273, 10.10.2002, p. 1); as amended by, and as read with—

  • Commission Regulation No. 808/2003 (O.J. No. L117, 13. 5.2003, p. 1);

  • Commission Regulation No. 811/2003 (O.J. No. L117, 13. 5. 2003, p. 14);

  • Commission Regulation No. 813/2003 (O.J. No. L117, 13. 5. 2003, p. 22);

  • Commission Decision 2003/320/EC (O.J. No. L117, 13. 5. 2003, p. 24);

  • Commission Decision 2003/321/EC (O.J. No. L117, 13. 5. 2003, p. 30);

  • Commission Decision 2003/326/EC (O.J. No. L117, 13. 5. 2003, p. 42);

  • Commission Decision 2003/327/EC (O.J. No. L117, 13. 5. 2003, p. 44);

  • Commission Decision 2003/328/EC (O.J. No. L117, 13. 5. 2003, p. 46);

  • Commission Decision 2003/329/EC (O.J. No. L117, 13. 5. 2003, p. 51);

  • Commission Regulation No. 780/2004 (O.J. No. L123, 27. 4. 2004, p. 64);

  • Commission Regulation No. 93/2005 (O.J. No. L19, 21.1.soo5, p.34); and

  • the European International Instruments.

Relevant provision in that instrument: Article 8 as read with Annex II.

Fish

Farmed fish

8.—(1) Instrument: Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (O.J. No. L46, 19.2.91, p. 1), as amended by, and as read with—

  • Commission Decision 94/864/EC (O.J. No. L352, 31.12.94, p. 74);

  • Commission Decision 97/804/EC (O.J. No. L329, 29.11.97, p. 70);

  • Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 31);

  • Commission Decision 98/24/EC (O.J. No. L8, 14.1.98, p. 26);

  • Council Directive 98/45/EC (O.J. No. L189, 3.7.98, p. 12);

  • Commission Decision 99/567/EC (O.J. No. L216, 14.8.99, p. 13);

  • Commission Decision 2001/159/EC (O.J. No. L57, 27.2. 2001, p. 54);

  • Commission Decision 2001/183/EC (O.J. No. L67 9.3.2001 p. 65);

  • Commission Decision 2002/300/EC (O.J. No. L103, 19.4.2002, p. 24) (as amended by Commission Decision 2003/378/EC (O.J. No. L130, 27.5. 2003, p. 27));

  • Commission Decision 2002/308/EC (O.J. No. L106, 23.4.2002, p. 28) (as amended by Commission Decision 2004/850/EC (O.J. No. L368, 15.12.2004, p. 28);

  • Commission Decision 2003/390/EC (O.J. No. L135, 3.6. 2003, p.19);

  • Commission Decision 2003/466/EC (O.J. No. L156, 25.6.2003, p. 61);

  • Commission Decision 2003/634/EC (O.J. No. L220, 3.9.2003, p. 8), (as amended by Commission Decision 2003/904/EC (O.J. No. L340, 24.12.2003, p. 69); and Commission Decision 2005/770/EC (O.J. L291, 5.11.2005, p. 24));

  • Commission Decision 2004/453/EC (O.J. No. L156, 30.4.2004, p. 5); and

  • the European International Instruments.

Relevant provisions in that instrument: The following provisions in so far as they apply to live fish, eggs and gametes: Articles 3, 4, 7 to 11, 14 and 16.

Fish other than farmed fish

(2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (O.J. No. L268, 24.9.91, p. 15), as amended by, and as read with—

  • Council Directive 92/48/EEC (O.J. No. L187, 7.7.92, p. 41), laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1) (a)(I) of Council Directive 91/493/EEC;

  • Council Directive 95/71/EC (O.J. No. L332, 30.12.95, p. 40);

  • Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 310); and

  • the European International Instruments.

Relevant provisions in that instrument: Article 4.

Live Bivalve molluscs

(3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (O.J. No. L268, 24.9.91, p. 1), as amended by, and as read with—

  • Council Directive 97/61/EC (O.J. No. L295, 29.10.97, p. 35); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 3(1)(a)-(i), 3(2), 4, 7, 8 and 9.

Ovine and caprine animals

9.  Instrument: Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (O.J. No. L46, 19.2.91, p. 19) as amended by, and as read with—

  • Council Directive 90/425/EC (O.J. No. L224, 18.8.90, p. 29);

  • Council Directive 92/102/EEC (O.J. No. L355, 5.12.92, p. 32) as amended by Council Regulation (EC) No. 21/2004 (O.J. No. L5. 9.1.2004, p. 8);

  • Commission Decision 93/52/EEC (O.J. No. L13, 21.1.93, p. 14), as amended by Commission Decisions 2001/292/EC (O.J. No. L100, 11.4.2001, p. 28), 2002/482/EC (O.J. No. L166, 25.6.2002, p. 23), 2003/44/EC (O.J. No. L13, 18.1.2003, p. 23), 2003/237/EC (O.J. No. L 87, 4.4.2003, p. 13), 2003/732/EC (O.J. No. L264, 15.10.2003, p.30), 2004/199/EC (O.J. No. L64, 2.3.2004, p. 41) and 2004/320/EC (O.J. No. L102, 7.4.2004, p. 75);

  • Commission Decision 94/164/EEC (O.J. No. L74, 17.3.94, p. 42);

  • Commission Decision 94/953/EEC (O.J. No. L371, 31.12.94, p. 14);

  • Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63);

  • Directive 2001/10/EC of the European Parliament and of the Council (O.J. No. L147, 31.5.2001, p. 41);

  • Council Directive 2003/50/EC (O.J. No. L169, 8.7.2003, p. 51);

  • Commission Decision 2004/554/EC (O.J. No. L248, 9.7.2004, p. 1);

  • Commission Decision 2005/932/EC (O.J. No. L340, 23.12.2005, p.68); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 3, 4, 4a, 4b, 4c, 5, 6 and 9.

Additional requirements:

(a)Only uncastrated rams for breeding which have been tested for contagious epididimytis (Brucella ovis) in accordance with Article 6(c) or Council Directive 91/68/EEC may be imported into Northern Ireland.

(b)The official health certification accompanying all sheep and goats for fattening and breeding imported into Northern Ireland must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.

Other animals, semen, ova and embryos

10.  Instrument: Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC (O.J. No. L268, 14.9.92, p. 54), as amended by, and as read with—

Relevant provisions in that instrument: Articles 3 to 9, 10(1) to 10(3) and 11 to 13.

Note:

By way of derogation from the requirements of Article 5(1), the Department may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual.

Additional requirements:

(a)The importation into Northern Ireland of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977(5). Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least one month.

(b)Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions.

Pathogens

11.  Instrument: Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (O.J. No. L62, 15.3.93, p. 49) as amended by, and as read with—

Relevant provisions in that instrument: Articles 6 and 7(1).

Pure-bred animals of the bovine species

12.  Instrument: Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (O.J. No. L206, 12.8.1977, p. 8), as amended by, and as read with—

  • The Act concerning the conditions of accession of the Hellenic Republic to the European Communities (O.J. No. L291, 19.11.79, p. 17);

  • Council Directive 79/268/EEC (O.J. No. L62, 13.3.79, p. 5);

  • Council Regulation 3768/85/EEC (O.J. No. L362, 31.12.85, p. 8);

  • Council Directive 85/586/EEC (O.J. No. L372, 31.12.85, p. 44);

  • Commission Decision 86/404/EEC (O.J. No. L233, 20.8.86, p. 19);

  • Commission Decision 88/124/EEC (O.J. No. L62, 8.3.88, p. 32);

  • Council Directive 91/174/EEC (O.J. No. L85, 5.4.91, p. 37);

  • Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66);

  • Commission Decision 96/80/EC (O.J. No. L19, 25.1.96, p. 50);

  • Commission Decision 96/510/EC (O.J. No. L210, 20.8.96, p. 53) (as amended by Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27);

  • Commission Decision 2002/8/EC (O.J. No. L3, 5.1.2002, p. 53); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 5 and 7.

Breeding animals of the porcine species

13.  Instrument: Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (O.J. No. L382, 31.12.88, p. 36), as amended by, and as read with—

  • Commission Decision 89/503/EEC (O.J. No. L247, 23.8.89, p. 22);

  • Commission Decision 89/506/EEC (O.J. No. L247, 23.8.89, p. 34);

  • Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66);

  • Commission Decision 96/510/EC (O.J. No. L210, 20.08.96, p. 53) (as amended by Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27)); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 2(2), 5, 7(2) and 9.

Pure-bred breeding sheep and goats

14.  Instrument: Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (O.J. No. L153, 6.6.89, p. 30), as amended by, and as read with—

  • Commission Decision 90/258/EEC (O.J. No. L145, 8.6.90, p. 39);

  • Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66);

  • Commission Decision 96/510/EC (O.J. No. L210, 20.08.96, p. 53);

  • Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 3(2) and 6.

Equidae

15.  Instrument: Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (O.J. No. L224, 18.8.90, p. 55), as amended by, and as read with—

  • Council Directive 90/426/EEC (O.J. No. L224, 18.8.90, p. 42);

  • Commission Decision 92/353/EEC (O.J. No. L192, 11.7.92, p. 63);

  • Commission Decision 92/354/EEC (O.J. No. L192, 11.7.92, p. 66);

  • Commission Decision 93/623/EEC (O.J. No. L298, 3.12.93, p. 45) (as amended by Decision 2000/68/EC (O.J. No. L23, 28.1.2000, p. 72));

  • Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66);

  • Commission Decision 96/78/EC (O.J. No. L19, 25.1.96, p. 39);

  • Commission Decision 96/510/EC (O.J. No. L210, 20.08.96, p. 53);

  • Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 6 and 8.

PART IIADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF CATTLE, PIGS, SHEEP AND GOATS

1.  Any person transporting cattle, pigs, sheep or goats in intra-Community trade shall do so in accordance with this Part.

2.  He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall preserve that information in the register for at least three years—

(a)places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b)places and dates of delivery, and the name or business name and address of the consignee;

(c)species and number of animals carried;

(d)date and place of disinfection; and

(e)the unique identifying number of accompanying health certificates.

3.  He shall ensure that the means of transport is constructed in such a way that the animal faeces, litter or feed cannot leak or fall out of the vehicle.

(a)He shall give a written undertaking to the Department stating that—

(i)in the case of cattle or pigs, Council Directive 64/432/EEC(6), and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(ii)in the case of sheep or goats, Council Directive 91/68/EEC(7), and in particular the provisions laid down in Article 8c of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(b)the transport of animals shall be entrusted to staff who possess the necessary ability, professional competence and knowledge.

PART IIIADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE, PIGS, SHEEP AND GOATS

1.  Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade shall comply with the provisions of this Part.

2.—(1) The dealer shall:

(a)be approved by the Department under this paragraph; and

(b)be registered with, and have a registration number issued, by the Department.

(2) The Department shall only issue an approval under this paragraph if satisfied that the dealer will comply with the provisions of this Part and, in the case of a dealer in sheep or goats, that the dealer has agreed to comply with the requirements for the operation of his premises which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the premises are capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.

3.  The dealer shall ensure that he only imports or exports animals that are identified and meet the requirements of Community law for intra-Community trade and, in the case of cattle, come from herds that are officially free of tuberculosis, brucellosis and leucosis, or are slaughter animals meeting the requirements of Article 6(3), or, if slaughter animals under a disease control programme, the requirements of Article 13(1)(a), of Council Directive 64/432/EEC.

4.  The dealer shall keep a record for all cattle, pigs, sheep and goats which he imports or exports, either on the basis of identification numbers or marks on the animals, and preserve the record for at least three years, of—

(a)the name and address of the seller;

(b)the origin of the animals;

(c)the date of purchase;

(d)the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats;

(e)the registration number of the holding of origin or the herd of origin of pigs;

(f)the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable);

(g)the registration number of the transporter or the licence number of the lorry delivering and collecting animals;

(h)the name and address of the buyer and the destination of the animals; and

(i)copies of route plans and numbers of health certificates.

5.  In the case of a dealer who keeps cattle, pigs, sheep or goats on his premises he shall ensure that—

(a)specific training in the care and welfare of animals is given to the staff in charge of the animals; and

(b)all necessary steps are taken to prevent the spread of disease.

6.—(1) The dealer shall only use premises approved for the purpose by the Department under this paragraph and which, in the case of a dealer in sheep and goats, are specified in an operational agreement created pursuant to paragraph 2(2).

(2) The Department shall issue an approval number for premises approved under this paragraph.

(3) The Department shall only issue an approval under this paragraph if satisfied that the premises comply with, in the case of a dealer in cattle or pigs, Article 13(2) of Council Directive 64/432/EEC or, in the case of a dealer in sheep and goats, Article 8b(2) of Council Directive 91/68/EEC.

Regulations 5(6), 30 and 32(1)

SCHEDULE 3THE NORTHERN IRELAND POULTRY HEALTH ASSURANCE SCHEME

For the purposes of this Schedule “audit inspection” is a supplementary check to verify application of hygiene measures and the operation of the establishment in accordance with the conditions laid down in Chapter II of Directive 1990/539.

PART IMEMBERSHIP

1.  Any reference to ‘the Directive’ in this Part of this Schedule is a reference to Council Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries, of poultry and hatching eggs)(8).

2.  An application for an establishment to become a member of the Northern Ireland Poultry Health Assurance Scheme must be accompanied by the registration fee as set out in Part 2 of this Schedule.

3.  The Department shall only grant membership of the Northern Ireland Poultry Health Assurance Scheme to an establishment if—

(a)it is satisfied, following an inspection by a veterinary inspector directly employed by the Department, that—

(i)the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and

(ii)the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and

(b)the operator of the establishment, having been notified that the Department is satisfied that the requirements in sub-paragraph (a) are met and has paid the registration fee, which includes the first year membership fee, as set out in Part II and Part III of this Schedule.

4.  The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to an establishment as being requirements that he believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment.

5.  On acceptance of membership to the Northern Ireland Poultry Health Assurance Scheme the Department shall issue the establishment’s membership certificate which shall include the establishment’s membership number.

6.  The operator of an establishment that is a member of the Northern Ireland Poultry Health Assurance Scheme shall pay the annual membership fee each year and shall pay any re-inspection fee when it becomes due.

7.  In order to ensure that operators and their establishments continue to meet the requirements for membership of the Northern Ireland Poultry Health Assurance Scheme, and generally to ensure compliance with the Directive, an Authorised Veterinary Inspector (AVI) shall carry out an annual inspection of the establishment, and any supplementary audit inspections to meet the requirements of Chapter I of Annex II to the Directive, will be carried out by a veterinary inspector directly employed by the Department. The number of supplementary audit inspections to be carried out each year shall be determined by the Department.

8.  Without prejudice to any action which may be taken under paragraph 9, where, at the annual veterinary inspection of an operator’s establishment, that operator or his establishment do not appear to the Department to meet the requirements either for membership of the Scheme or of the Directive, a veterinary inspector directly employed by the Department shall carry out such additional inspections (“re-inspections”) as the Department considers necessary to ensure compliance on the part of that operator and his establishment with those requirements. In which case a re-inspection fee shall—

(a)be charged for each such re-inspection; and

(b)become due upon the receipt by the operator concerned of an invoice for that fee.

9.  The Department—

(a)shall suspend, revoke or restore membership in accordance with Chapter IV of Annex II to the Directive (references to ‘withdrawal’ in that Chapter shall be read as references to ‘revocation’ for the purposes of this paragraph);

(b)may suspend or revoke membership if—

(i)an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;

(ii)the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;

(iii)if ownership or control of an establishment changes; or

(iv)if the operator has not paid the registration fee, the annual membership fee or if a re-inspection fee remains unpaid 30 days after becoming due.

PART IIREGISTRATION FEE

1.  The Department shall—

(a)determine the registration fee on the basis of the cost of inspection by a Departmental veterinary inspector and associated administrative costs; and

(b)publish the current registration fee on the website of the Department of Agriculture and Rural Development(9).

2.  The registration fee shall be payable to the Department in respect of each establishment for which an application is made and shall be non-refundable.

PART IIIANNUAL MEMBERSHIP FEE

1.  For first time applicants the registration fee will include the first year membership fee.

2.  For subsequent annual inspections members inspections will be carried out by an AVI.

3.  For inspections carried out by an AVI not directly employed by the Department of Agriculture and Rural Development—

(a)the cost of the inspection is payable directly to the inspector by the operator;

(b)the Department shall determine the administration fee and the supplementary audit inspection fee associated with an inspection by an AVI; and

(c)publish the current administration fee and the supplementary audit inspection fee associated with an inspection by an authorised veterinary inspector on the website of the Department.

4.  The administration fee and the supplementary audit inspection fee (referred to in para.3(b)) shall be payable to the Department in respect of each establishment and shall be non-refundable.

PART IVRE-INSPECTION FEE

The Department shall—

(a)determine the re-inspection fee on the basis of the cost of re-inspection by a Departmental veterinary inspector and associated administrative costs; and

(b)publish the current re-inspection fee on the website of the Department of Agriculture and Rural Development.

PART VSUPPLEMENTARY AUDIT INSPECTION FEE

1.  In order to meet the requirement of Chapter I of Annex II to the Directive supplementary audit inspections will be carried out by a veterinary inspector directly employed by the Department.

2.  The Department shall—

(a)determine the supplementary audit inspection fee on the basis of the cost of a supplementary audit inspection by a veterinary inspector directly employed by the Department and associated administrative costs;

(b)include the cost of a supplementary audit inspection with the annual membership fee; and

(c)publish the current supplementary audit inspection fee on the website of the Department of Agriculture and Rural Development.

Regulations 9(5) and 32(1)

SCHEDULE 4APPROVAL OF LABORATORIES UNDER THE NORTHERN IRELAND POULTRY HEALTH ASSURANCE SCHEME

PART IAPPROVAL

1.  The Department may approve any laboratory that it considers to be suitable for the purposes of carrying out Mycoplasma testing under the Northern Ireland Poultry Health Assurance Scheme.

2.  The operator of a laboratory approved under paragraph 1 shall pay the annual approval fee each year as set out in Part II of this Schedule.

3.  In order to ensure that approved laboratories remain suitable for approval, an inspector shall carry out inspections and quality assurance testing as the Department considers necessary.

4.  The Department may suspend or revoke an approval granted to a laboratory under regulation 9(5) and paragraph 1 of this Part where it considers that the laboratory cannot meet the conditions on which the approval was granted, or if in its opinion the laboratory otherwise appears no longer suitable for the purposes of carrying out Mycoplasma testing under the Northern Ireland Poultry Health Assurance Scheme.

5.  The Department may end a suspension of an approval imposed under regulation 9(5) and paragraph 4 of this Part if it is satisfied that the laboratory concerned has taken adequate measures to enable it to fulfill the conditions of approval and is suitable for the purposes of carrying out Mycoplasma testing under the Northern Ireland Poultry Health Assurance Scheme.

PART IIANNUAL APPROVAL FEE

1.  The Department shall—

(a)determine the annual approval fee on the basis of the cost of inspection and associated administration costs; and

(b)publish the current annual approval fee on the website of the Department of Agriculture and Rural Development.

2.  The annual approval fee shall be payable to the Department in respect of each approved laboratory and shall be non-refundable.

Regulations 13(1)and 27(1)

SCHEDULE 5LIST OF DISEASES

  • African horse sickness

  • African swine fever

  • Avian influenza

  • Bluetongue

  • Bovine spongiform encephalopathy

  • Classical swine fever

  • Contagious bovine pleuropneumonia

  • Dourine

  • Equine encephalomyelitis of all types, (including Venezuelan equine encephalomyelitis)

  • Foot and mouth disease

  • Glanders

  • Infectious equine anaemia

  • Infectious haematopoietic necrosis

  • Infectious Salmon anaemia

  • Lumpy skin disease

  • Newcastle disease

  • Peste des petits ruminants

  • Rift valley fever

  • Rinderpest

  • Sheep and goat pox

  • Small hive beetle (Aethina tumida)

  • Swine vesicular disease

  • Teschen disease

  • Tropilaelaps mite

  • Vesicular stomatitis

  • Viral haemorrhagic septicaemia

Regulations 2(3),15(5), 23 and 33

SCHEDULE 6COMMUNITY LEGISLATION IN RELATION TO THIRD COUNTRIES

PART IINSTRUMENTS SPECIFYING THIRD COUNTRIES AND TERRITORIES IN THIRD COUNTRIES FROM WHICH MEMBER STATES MAY AUTHORISE CERTAIN IMPORTS

Cloven-hoofed animals and elephants and zoo ungulates

1.  Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (O.J. No. L146, 14.6.79, p. 15), as amended by, and as read with—

  • Commission Decision 2004/212/EC (O.J. No. L73, 11.3.2004, p. 11);

  • Commission Decision 2004/410/EC (O.J. No. L151, 30.4.2004, p. 31);

  • Commission Decision 2004/620/EC (O.J. No. L279, 28.8.2004, p. 30); and

  • Commission Decision 2006/9/EC (O.J. No. L7, 12.1.2006 p. 23).

Poultry

2.  Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs (O.J. No. L156, 7.7.95, p. 76), as amended by, and as read with—

  • Commission Decision 96/628/EC (O.J. No. L282, 1.11.96, p. 73);

  • Commission Decision 96/659/EC (O.J. No. L302, 26.11.96, p. 27);

  • Commission Decision 97/183/EC (O.J. No. L76, 18.3.97, p. 32);

  • Commission Decision 2001/732/EC (O.J. No. L 275, 18.10.2001, p. 14);

  • Commission Decision 2001/751/EC (O.J. No. L 281, 25.10.2001, p. 24);

  • Commission Decision 2002/183/EC (O.J. No. L 61, 2.3.2002, p. 56); and

  • Commission Decision 2004/118/EC (O.J. No. L36, 7.2.2004, p. 34).

Captive birds

3.  Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (O.J. No. L278, 31.10.2000, p. 26) as read with Council Directive 92/65/EEC.

Shellfish

4.  Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (O.J. No. L302, 21.11.2003, p. 22), as amended by, and as read with—

  • Commission Decision 2004/623/EC (O.J. No. L280, 31.8.2004, p. 26); and

  • Commission Decision 2005/409/EC (O.J. No. L139, 2.6.2005, p. 16).

Finfish

5.  Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (O.J. L324, 11.12.2003, p. 37), as amended by, and as read with—

  • Commission Decision 2004/454/EC (O.J. No. L156, 30.4.2004, p. 29);and

  • Commission Decision 2005/742/EC (O.J. No. L279, 22.10.2005, p.71).

Bees

6.  Commission Decision 2003/881/EC concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC (O.J. No. L328, 17.12.2003, p. 26), as amended by Commission Decision 2005/60/EC (O.J. No. L25, 28.1.2005, p. 64), and as read with Council Decision 79/542/EEC (as that Council Decision is defined under paragraph 1 of this Part) in respect of which the derogation in Article 1(2) permitting the imports of bees from the state of Hawaii in the United States of America may be relied on.

Equidae

7.  Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of living equidae and semen, ova and embryos of the equine species (O.J. No. L73, 11.3.2004, p. 1).

Cats, Dogs & Ferrets

8.  Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres (O.J. No. L27, 29.1.2005, p. 48), as read with—

(1) Council Directive 92/65/EEC; and

(2) Regulation (EC) No. 998/2003.

PART IIDETAILED PROVISIONS

Cloven-hoofed animals and elephants from third countries

1.  Instrument: Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (O.J. No. L146, 14.6.79, p. 15), as amended by, and as read with—

  • Commission Decision 2004/212/EC (O.J. No. L73, 11.3.2004, p. 11);

  • Commission Decision 2004/410/EC (O.J. No. L151, 30.4.2004, p. 31);

  • Commission Decision 2004/554/EC (O.J. No. L248, 9.7.2004, p. 1);

  • Commission Decision 2004/620/EC (O.J. No. L279. 28.8.2004, p. 30); and

  • Commission Decision 2006/9/EC (O.J. No. L7, 12.1.2006 p. 23).

Relevant provisions in that instrument: Articles 3, 4, 5, 6 and 7.

Zoo Ungulates

2.  Instrument: Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals (O.J. No. L139, 30.4.2004, p. 321(10)), as read with—

  • Council Decision 79/542/EEC (O.J. No L146, 14.6.79, p. 15) as described in paragraph 1 of this Part;

  • Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29);

  • Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56);

  • Council Directive 91/628/EEC (O.J. No. L340, 11.12.91, p. 17);

  • Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54); and

  • the European international instruments.

Relevant provisions in that instrument: Articles 3, 7 and 11

Equidae

General

3.—(1) Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L224, 18.8.90, p. 42), as amended by, and as read with—

  • Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29);

  • Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56);

  • Council Directive 92/36/EEC (O.J. No. L157, 10.6.92, p. 28);

  • Commission Decision 92/130/EEC (O.J. No. L47, 22.2.92, p. 26);

  • Commission Decision 95/329/EC (O.J. No. L191, 12.8.95, p. 36);

  • Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53);

  • Commission Decision 2002/160/EC (O.J. No. L53, 23.3.2002, p. 37);

  • Council Directive 2004/68/EC (O.J. No. L139, 30.4.2004, p. 321); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 11, 12(1), 13 to 16 and 18.

(2) Instrument: Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species (O.J. No. L73, 11.3.2004, p. 1).

Relevant provision in that instrument: Article 6.

Temporary admission of registered horses

(3) Instrument: Commission Decision 92/260/EEC (O.J. No. L130, 15.5.92, p. 67) as amended by, and read with—

  • Commission Decision 93/344/EEC (O.J. No. L138, 9.6.93, p. 11);

  • Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p. 11);

  • Commission Decision 94/561/EC (O.J. No. L214, 19.8.94, p. 17);

  • Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9);

  • Commission Decision 95/323/EC (O.J. No. L190, 11.8.95, p. 11);

  • Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53);

  • Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1);

  • Commission Decision 97/10/EC (O.J. No. L3, 7.1.97, p. 9) as amended by Decision 2001/622/EC (O.J. No. L216, 10.8.2001, p. 26);

  • Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44);

  • Commission Decision 98/594/EC (O.J. No. L286, 23.10.98, p. 53);

  • Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77);

  • Commission Decision 99/613/EC (O.J. No. L24, 15.9.99, p. 12);

  • Commission Decision 2000/209/EC (O.J. No. L64, 11.3.2000, p. 22);

  • Commission Decision 2001/117/EC (O.J. No. L43, 14.2.2001, p. 38);

  • Commission Decision 2001/611/EC (O.J. No. L214, 8.8.2001, p. 49);

  • Commission Decision 2001/619/EC (O.J. No. L215, 9.8.2001, p. 55);

  • Commission Decision 2001/828/EC (O.J. No. L308, 27.11.2001, p. 41);

  • Commission Decision 2002/635/EC (O.J. No. L206, 3.8.2002, p. 20);

  • Commission Decision 2002/636/EC (O.J. No. L206, 3.8.2002, p. 27);

  • Commission Decision 2003/13/EC (O.J. No. L7, 11.1.2003, p. 86);

  • Commission Decision 2003/541/EC (O.J. No. L185, 24. 7.2003, p. 41);

  • Commission Decision 2004/117/EC(O.J. No. L36, 7.2.2004, p.20);

  • Commission Decision 2004/177/EC (O.J. No. L55, 24.2.2004, p. 64);

  • Commission Decision 2004/241/EC (O.J. No. L74, 12.03.2004, p. 19); and

  • the European International Instruments.

Relevant provision in that instrument: Article 1.

Registered horses for racing, etc, upon re-entry

(4) Instrument: Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (O.J. No. L86, 6.4.93, p. 1), as amended by, and as read with—

  • Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p. 11);

  • Commission Decision 94/561/EC (O.J. No. L214, 19.8.94, p. 17);

  • Commission Decision 95/99/EC (O.J. No. L76, 5.4.95, p. 16);

  • Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9);

  • Commission Decision 95/323/EC (O.J. No. L190, 11.8.95, p. 11);

  • Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1);

  • Commission Decision 97/684/EC (O.J. No. L287, 21.10.97, p. 49);

  • Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44);

  • Commission Decision 98/567/EC (O.J. No. L276, 13.10.98, p. 11);

  • Commission Decision 98/594/EC (O.J. No. L286, 23.10.98, p. 53);

  • Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77);

  • Commission Decision 99/558/EC (O.J. No. L211, 11.8.99, p. 53);

  • Commission Decision 2000/209/EC (O.J. No. L64, 11.3.2000, p. 64);

  • Commission Decision 2000/754/EC (O.J. No. L303, 12.12.2000, p. 34);

  • Commission Decision 2001/117/EC (O.J. No. L43, 14.2.2001, p. 38);

  • Commission Decision 2001/144/EC (O.J. No. L53, 23.2.2001, p. 23);

  • Commission Decision 2001/610/EC (O.J. No. L43, 8.8.2001, p. 45);

  • Commission Decision 2001/611/EC (O.J. No. L214, 8.8.2001, p. 49);

  • Commission Decision 2004/211/EC (O.J. No. L73, 11.3.2004, p. 1);

  • Commission Decision 2005/605/EC (O.J. No. L206, 9.8.2005, p.16);

  • Commission Decision 2005/771/EC (O.J. No. L291, 5.11.2005, p. 38);

  • Commission Decision 2005/943/EC (O.J. No. L342, 24.12.2005, p. 94); and

  • the European International Instruments.

Relevant provision in that instrument: Article 1.

Equidae for slaughter

(5) Instrument: Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter (O.J. No. L86, 6.4.93, p. 7), as amended by, and as read with—

  • Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p.11);

  • Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9);

  • Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53);

  • Commission Decision 96/82/EC (O.J. No. L19, 25.1.96, p. 56);

  • Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1);

  • Commission Decision 97/36/EC (O.J. No. L14, 17.1.97, p. 57);

  • Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44);

  • Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77);

  • Commission Decision 2001/117/EC (O.J. No. L43, 14.2.01, p. 38);

  • Commission Decision 2001/611/EC (O.J. No. L214, 8.8.01, p. 49); and

  • the European International Instruments.

Relevant provision in that instrument: Article 1.

Registered equidae for breeding and production

(6) Instrument: Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production (O.J. No. L86, 6.4.93, p. 16), as amended by, and as read with—

  • Commission Decision 93/510/EEC (O.J. No. L238, 23.9.93, p. 45);

  • Commission Decision 93/682/EEC (O.J. No. L317, 18.12.93, p. 82);

  • Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p. 11);

  • Commission Decision 94/561/EC (O.J. No. L214, 19.8.94, p. 17);

  • Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9);

  • Commission Decision 95/323/EC (O.J. No. L190, 11.8.95, p. 11);

  • Commission Decision 95/536/EC (O.J. No. L304, 16.12.95, p. 49);

  • Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53);

  • Commission Decision 96/82/EC (O.J. No. L19, 25.1.96, p. 56);

  • Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1);

  • Commission Decision 97/10/EC (O.J. No. L3, 7.1.97, p. 9), as amended by Commission Decision 2004/117/EC (O.J. No. L036, 7.2.2004, p. 20);

  • Commission Decision 97/36/EC (O.J. No. L14, 17.1.97, p. 57);

  • Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44);

  • Commission Decision 98/594/EC (O.J. No. L286, 23.10.98, p. 53);

  • Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77);

  • Commission Decision 99/236/EC (O.J. No. L87, 31.3.99, p. 13);

  • Commission Decision 99/252/EC (O.J. No. L96, 10.4.99, p. 31);

  • Commission Decision 99/613/EC (O.J. No. L243, 15.9.99, p. 12);

  • Commission Decision 2000/209/EC (O.J. No. L64, 11.3.2000, p. 64);

  • Commission Decision 2001/117/EC (O.J. No. L43, 14.2.2001, p. 38);

  • Commission Decision 2001/611/EC (O.J. No. L214, 8.8.2001, p. 49);

  • Commission Decision 2001/619/EC (O.J. No. L215, 9.8.2001, p. 55);

  • Commission Decision 2001/754/EC (O.J. No. L282, 26.10.2001, p. 34);

  • Commission Decision 2001/766/EC (O.J. No. L288, 1.11.2001, p. 50);

  • Commission Decision 2001/828/EC (O.J. No. L308, 27.11.2001, p. 41);

  • Commission Decision 2002/635/EC (O.J. No. L206, 3.8.2002, p. 20);

  • Commission Decision 2002/841/EC (O.J. No. L206, 25.10.2002, p. 42);

  • Commission Decision 2003/541/EC (O.J. No. L185, 24.07.2003, p. 41);

  • Commission Decision 2004/177/EC (O.J. No. L55, 24.2.2004, p. 64);

  • Commission Decision 2004/241/EC (O.J. No. L74, 12.3.2004, p. 19); and

  • the European International Instruments.

Relevant provision in that instrument: Article 1.

Additional requirements:

(a)All pre-export tests of registered horses from Kyrgyzstan and registered equidae and equidae for breeding and production imported from Belarus, Bulgaria, Croatia, ex-Yugoslavia Republic of Macedonia, Romania, Russian Federation and the Ukraine must be carried out as follows: for vesicular stomatitis at the Institute of Animal Health, Pirbright, the National Veterinary Institute, Czech Republic or at the Central Veterinary Laboratory, Budapest, Hungary; the mandatory tests for infectious anaemia, dourine and glanders and, if necessary, the test for equine viral arteritis at the Veterinary Laboratories Agency, Weybridge, the National Veterinary Institute, Czech Republic, or the Central Veterinary Laboratory, Budapest, Hungary;

(b)The test results must be attached to the health certificate accompanying the imported equidae.

Poultry

4.  Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L303, 30.10.90, p. 6) as amended by, and as read with—

  • Council Directive 91/494/EEC (O.J. No. L268, 24.9.91, p. 35);

  • Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56);

  • Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54);

  • Commission Decision 92/369/EEC (O.J. No. L195, 14.7.92, p. 25);

  • Council Directive 93/120/EEC (O.J. No. L340, 31.12.93, p. 35);

  • Commission Decision 96/482/EC (O.J. No. L196, 7.8.96, p. 13);

  • Commission Decision 96/628/EC (O.J. No. L282, 1.11.93, p. 73);

  • Council Directive 99/89/EC (O.J. No. L300, 23.11.99 p. 17);

  • Council Directive 99/90/EC (O.J. No. L300, 23.11.99, p. 19);

  • Commission Decision 2000/505/EC (O.J. No. L201, 9.8.2000, p. 8);

  • Commission Decision 2002/183/EC (O.J. No. L61, 2.3.2002, p. 56);

  • Commission Decision 2002/542/EC (O.J. No. L176, 5.7.2002, p. 43);

  • Commission Decision 2004/118/EC (O.J. No. L36, 7.2.2004, p. 34); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 20, 21(1), 22(1), 23, 24, 27(2) and 28.

Other specified animals, semen, ova and embryos

5.  Instrument: Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC (O.J. No. L268, 14.9.92, p. 54), as amended by, and as read with—

  • Commission Decision 95/176/EC (O.J. No. L117, 24.5.95, p. 23);

  • Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63);

  • Commission Regulation (EC) No 1282/2002 (O.J. No. L187, 16.7.2002, p. 3);

  • Council Regulation (EC) No. 1802/2002 (O.J. No. L274, 11.10.2002, p. 21);

  • Council Regulation (EC) No 998/2003 (O.J. No. L146, 13.6.2003, p. 1);

  • Council Regulation (EC) No. 1398/2003 (O.J. No. L198, 6.8.2003, p. 3);

  • Council Directive 2004/68/EC (O.J. No. L226, 25.6.2004, p. 128);

  • Commission Decision 2004/595/EC (O.J. No. L266, 13.8.2004, p. 11); and

  • the European International Instruments and Joint Committee Decision 69/96 of 17 July 1998 amending Annex 1 (Veterinary and Phytosanitary matters) to the Agreement on the European Economic Area (O.J. No. L158, 24.6.99, p. 1).

Relevant provisions in that instrument: Articles 16, 17(1), 17(2) and 18.

Captive birds

6.  Instrument: Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (O.J. No. L278, 31.10.2000, p. 26) as read with or amended by—

  • Council Directive 92/65/EC;

  • Commission Decision 2001/383/EC (O.J. No. L137, 19.5.01, p. 28);

  • Commission Decision 2002/279/EC (O.J. No. L99, 16.04.02, p.17); and

  • the European International Instruments.

Relevant provisions in that instrument: Articles 1, 2, 3, 8 (insofar as not already provided for under regulations 16, 17 and 30), and 9.

Cats, Dogs & Ferrets

7.  Instrument: Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres (O.J. No. L27, 29.1.2005, p. 48), as read with—

Relevant provisions in that instrument: Article 1

Live animals from New Zealand

8.  Instrument: Commission Decision 2003/56/EC on health certificates relating to live animals, their semen, ova and embryos imported from New Zealand (O.J. No. L22, 25.1.03, p. 38) as amended by—

  • Commission Decision 2004/784/EC (O.J. No. L346, 23.11.2004, p. 11)

Relevant provisions in that instrument: Articles 1, 2 and 3.

Zootechnical conditions

9.  Instrument: Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (O.J. No. L178, 12.7.94, p. 66), as read with—

  • Commission Decision 96/509/EC (O.J. No. L210, 20.8.96, p. 47); and

  • Commission Decision 96/510/EC (O.J. No. L210, 20.8.96, p. 53) as amended by Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27).

Relevant provisions in that instrument: Article 4.

Finfish and Shellfish from third countries

10.—(1) Instrument: Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (O.J. No. L302, 21.11.2003, p.22), as amended by, and as read with—

  • Commission Decision 2004/623/EC (O.J. No. L280, 31.8.2004, p. 26);

  • Commission Decision 2005/409/EC (O.J. No. L139, 2.6.2005, p. 16).

Relevant provision in that instrument: Articles 3, 4, 5, 6, 7 and 8.

(2) Instrument: Commission Decision 2003/858/EC laying down the specific animal health conditions and certification requirements for imports of live fish, their eggs, and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (O.J. L324, 11.12.2003, p.37.) as amended by, and as read with—

  • Commission Decision 2004/914/EC(O.J. No. L385, 29.12.2004, p. 60); and

  • Commission Decision 2005/742/EC (O.J. No. L279, 22.10.2005, p. 71)

(3) Relevant provisions in that instrument: Articles 3, 4, 5, 6, 7, 8 and 9.

Bees

11.  Instrument: Commission Decision 2003/881/EC concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC (O.J. No. L328, 17.12.2003, p. 26); as amended by Commission Decision 2005/60/EC (O.J. No. L25, 28.1.2005, p.64), and as read with Council Directive 92/65/EEC and

the European International Instruments.

Relevant provisions in that instrument: Articles 1(1), (2), (3) and (4), and Article 2 (pursuant to which the derogations from Articles 1(1), second and third indent, and Articles 1(2) and (3) may be relied on).

Regulation 17

SCHEDULE 7APPROVAL OF QUARANTINE CENTRES AND QUARANTINE FACILITIES AND SPECIFIC REQUIREMENTS FOR THE QUARANTINE OF CAPTIVE BIRDS

PART IAPPROVALS

1.  The Department may, if it is satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of—

(a)a quarantine centre for which it has charge and which at least meets the minimum conditions set out in Annex B of Commission Decision 2000/666/EC (in this Schedule, “the Decision”) in relation to quarantine centres and quarantine units; and

(b)a quarantine facility for which it has charge and which at least meets the minimum conditions set out in Annex B of the Decision in relation to quarantine facilities.

2.  Subject to the provisions of paragraph 4 of this Part, an approval shall expire at the end of 12 months from the date of its being granted unless—

(a)the transitional arrangements in Part IV apply;

(b)an earlier expiry date is provided for at the grant of an approval under paragraph 1; or

(c)it is revoked under regulation 2(6)(c).

3.  The Department shall give reasons in writing—

(a)for refusing an application for an approval provided for under this Schedule;

(b)for attaching conditions to an approval granted under this Schedule;

(c)for providing that such an approval shall expire earlier than 12 months from the date of its being granted.

4.  Notice of a revocation or suspension of an approval granted under this Schedule shall—

(a)take effect when it is served, unless otherwise stated in the notice;

(b)state—

(i)the reasons for the revocation or suspension, and

(ii)the time and date when it is to take effect;

(c)be served upon the quarantine manager—

(i)in person, or by leaving it at the quarantine centre or quarantine facility concerned; or

(ii)by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned, in which case it shall be deemed to be served at 12 noon on the second day after posting it; and

(d)be copied to the importer, and so far as is practicable, if the importer is not the owner of the birds concerned, to the owner of the birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

5.  Where an approval is revoked or is to be revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would in the opinion of a veterinary inspector cause a significant public or animal health risk, he may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served and copied to any importer and owner concerned as if it were a notice to which paragraph 4(c) and (d) applied.

PART IIAPPROVAL FEE

6.  The Department shall determine the approval fee on the basis of the cost of inspection by a Departmental veterinary inspector and associated administrative costs.

7.  The approval fee shall be payable to the Department in respect of each quarantine centre or quarantine facility for which an application is made and shall be non-refundable.

PART IIISPECIFIC REQUIREMENTS FOR THE QUARANTINE OF CAPTIVE BIRDS WHICH QUARANTINE MANAGERS MUST ENSURE ARE MET

8.  In this Part “unit” in relation to a quarantine centre has the same meaning as it has in the Decision.

9.  Birds shall be quarantined for a period (“the quarantine period”) of at least 30 days at the quarantine centre or quarantine facility to which they have been conveyed from the border inspection post and in the case of a quarantine facility at which consignments arriving at different dates are quarantined, the quarantine period shall be extended to expire no sooner than 30 days after the last consignment arrived at the quarantine facility.

10.  A bird may not share a unit with any other bird at a quarantine centre unless that other bird arrived in the same consignment as the first bird, and in the event that one bird shares a unit with another, the quarantine period for any bird in the unit shall be extended to expire no sooner than 30 days after the last bird was placed in the unit.

11.  Psittaciformes shall be identified individually in accordance with the requirements of Part B of Chapter 2 of Annex B to the Decision.

12.  The use of sentinel chickens shall conform with Article 4(2) of the Decision.

13.  Suitable arrangements shall be made for the taking of samples by a veterinary inspector in accordance with Articles 4(1), (3), (4)(c) and (d), and (5) of the Decision.

14.  The presence or suspected presence of disease in a bird at a quarantine centre or quarantine facility, and the death of any bird during the quarantine period described in paragraphs 2 or 3 as the case may be shall be reported to the veterinary inspector supervising the quarantine centre or quarantine facility as soon as reasonably practical.

15.  A person shall not enter a quarantine centre or quarantine facility unless the quarantine manager in charge of the centre or facility is reasonably satisfied that person satisfies the condition in regulation 17(6)(a) and one of the criteria in regulation 17(6)(b).

16.  The destruction, cleansing and disinfection and post-infection sampling from sentinel chickens or other birds in other units (in the case of quarantine centres), and the restrictions on movements onto or off the quarantine centre or quarantine facility shall conform with Article 4(4) of the Decision, unless notice is served under regulation 19(2)(b).

17.  Cages and crates used for the transport of birds to the quarantine centre or quarantine facility shall be destroyed by the quarantine manager in such a way as to avoid the spread of disease, unless the cages or crates are made of a material which allows effective cleaning and disinfection, in which case they may be cleansed, disinfected and re-used.

18.  Litter and waste material from the quarantine centre or quarantine facility shall be collected, stored and treated as approved or required in writing by the official veterinarian in accordance with paragraph 9 of Part A of Chapter 2 of Annex B to the Decision and in any event so as to avoid spread of disease.

19.  A record shall be maintained and retained for at least one year—

(a)in respect of each consignment of the date, number and species of captive birds entering and leaving the quarantine centre or quarantine facility;

(b)of individual identification numbers of psittaciformes held at the quarantine centre or quarantine facility;

(c)of any significant observations as to the condition of captive birds during quarantine;

(d)of illness and number of deaths, recorded on a daily basis;

(e)of dates and results of veterinary tests carried out in respect of captive birds during quarantine;

(f)of dates and type of veterinary or other treatment administered to captive birds during quarantine; and

(g)of names of persons entering the quarantine centre or quarantine facility, including the authority by which entry was gained.

20.  A copy of the health certificate and the common veterinary entry document referred to in Article 3 of Commission Regulation (EC) No. 282/2004 which accompanies a captive bird upon import shall be kept for at least one year after the arrival of that captive bird at the quarantine centre or quarantine facility.

Regulation 33

SCHEDULE 8DISAPPLICATION OF LEGISLATION

1

Number

2

Title

3

Extent

S.R. & O. (N.I.) 1963 No 178 as amended by S.R. 1998 No.45Diseases of Animals (Unlawful Importations) Order (Northern Ireland) 1963Articles 4 and 6
S.R. & O. (N.I.) 1965 No 175 as amended by S.R. & O. (N.I.) 1968 No 106, S.R. 1985 No. 162, S.R. 1992 No. 199, and S.R. 1996 No. 82Diseases of Animals (Importation of Poultry) Order (Northern Ireland) 1965

The whole Order except that Article 4 shall continue to apply to all birds (including domestic fowl) and their hatching eggs other than—

(c)

those subject to the provisions of Council Directive 90/539/EEC (excluding domestic fowl);

(d)

those birds and their hatching eggs traded within the Community which are subject to the provisions of Council Directive 92/65; and

(e)

those birds subject to the provisions of Commission Decision 2000/666/EC.

S.I 1967 c.7 (N.I.)Diseases of Fish Act (Northern Ireland) 1967Section 3
S.R 1967 No. 294Rabbits and Hares (Control of Importation) Order (Northern Ireland) 1967The whole Order
S.R. 1973 No. 392.Risk of Infection (Oysters) Order (Northern Ireland) 1973The whole Order
S.I. 1975/1834 (N.I. 17).Artificial Reproduction of Animals (Northern Ireland) Order 1975

Article 6(1) will no longer apply to—

(a)

bovine semen which is the subject of Council Directive 88/407/EEC;

(b)

bovine embryos which are the subject of Council Directive 89/556/EEC;

(c)

porcine semen which is the subject of Council Directive 90/429/EEC;

(d)

equine ova and embryos which are the subject of Commission Decision 95/294/EC;

(e)

equine semen which is the subject of Commission Decision 95/307/EC;

(f)

ovine and caprine semen, ova and embryos which are the subject of Commission Decision 95/388/EC; and

(g)

porcine ova and embryos which are the subject of Commission Decision 95/483/EC.

S.R. 1977 No. 113 as amended by S.R. 1977 No. 256, S.R. 1994 No. 402, S.R. 2000 No. 10 and S.R. 2005 No. 275.Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977The Order shall continue to apply to all carnivores, primates and bats. It shall continue to apply to the importation of all other animals unless such animals are imported by way of trade and can be shown to have been born on the holding of origin and kept in captivity since birth.
S.R. 1982 No. 99.Lobsters (Risk of Infection) Order (Northern Ireland) 1982The whole Order
S.R. 1986 No. 253 as amended by S.R. 1999 No. 194.Importation of Animals Order (Northern Ireland) 1986Articles 3, 6(1) and (2), 7 to 11, 13 to 15, 16(2) and Schedule 3 except that Article 3 shall continue to apply to ruminating animals and swine other than animals which are the subject of Council Directives 64/432/EEC and 91/68/EEC.
S.R. 1991 No. 458Risk of Infection (Fish) Order (Northern Ireland) 1991The whole Order

Regulation 34

SCHEDULE 9REVOCATIONS

NumberTitleExtent
S.R. 2005 No. 78.The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005The whole Regulations except that Regulation 27 shall continue to apply.
S.R. 2005 No. 446.The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005The whole Regulations.
S.R. 2006 No. 105The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2006The whole Regulations.
S.R. 2006 No. 346.The Animals and Animal Products (Import and Export) (Amendment No.2) Regulations (Northern Ireland) 2006The whole Regulations.
(1)

O.J. No. L16, 25.1.93, p. 18

(2)

O.J. No. L293, 9.11.2005, p. 28

(3)

O.J. No. L337, 22.12.2005, p. 60

(4)

A corrigendum has been published in O.J. No. L226, 25.6.2004, p. 128

(5)

S.R. 1977 No. 113 a amended by S.R.1977 No. 256, S.R. 1994 No. 402, S.R. 2000 No. 10, S.R. 2005 No. 275 and as disapplied in column 3 of the table given in Schedule 8 of these Regulations

(6)

O.J. No. L109, 25.4.97, p.1, as amended by and as read with the provisions listed in paragraph 1 of Part I of Schedule 2

(7)

O.J. No. L46, 19.2.91, p.19, as amended by and as read with the provisions listed in paragraph 9 of Part I of Schedule 2

(8)

O.J. No. L303, 30.10.90, P.6 as amended by and as read with the provisions listed in para. 6 of Part I of Schedule 2

(10)

A corrigendum has been published, the reference for which is O.J. No. L226, 25.6.2004, p. 128

Yn ôl i’r brig

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