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

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Regulations 5 and 15

SCHEDULE 1E+WEuropean Union legislation

 

EU legislationSubject
Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine M1Bovine animals and swine
Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep frozen semen of domestic animals of the bovine species M2Bovine semen
Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species M3Fresh bovine embryos
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 M4Porcine semen
Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals M5Sheep and goats
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 Annex A(I) to Directive 90/ 425/EEC M6Other animals and products specified in the Directive
Council Directive 92/118/EEC laying down animal health 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 M7Miscellaneous products
F1. . .F1. . .
Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down the procedures in matters of food safety M8Animal products for human consumption
Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption M9Animal products for human consumption
Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals M10Certain live ungulate animals including bovine, ovine, caprine, porcine
F1. . .F1. . .
Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffsAnimal products for human consumption
Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M11Animal products for human consumption
F1. . .F1. . .
F1. . .F1. . .
Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene M12Animal feed
Commission Decision 2007/275 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC M13Composite products
Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals M14Aquatic animals
Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae M15Equidae
Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M16Poultry and hatching eggs
F1. . .F1. . .
Council Regulation (EC) No. 1069/2009 laying down the health rules as regards animal by-products and derived products not intended for human consumption M17Animal by-products
[F2Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof ] [F3Purebred breeding animals, hybrid breeding pigs and the germinal products thereof]
[F2Regulation (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 M18 and the Implementing Regulations and Delegated Regulations made under it ] [F4Official controls and other official activities]

Textual Amendments

Marginal Citations

M1OJ No. L 121, 29.7.64, p. 1977 as last amended by Commission Decision 2009/976/EU (OJ No. L 336, 18.12.2009, p. 36).

M2OJ No. L 194, 22.7.1988, p. 10 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M3OJ No. L 302, 19.10.1989, p. 1 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M4OJ No. L 224, 18.8.1990, p. 62 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M5OJ No. L 46, 19.2.1991, p. 19 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M6OJ No. L 268, 14.9.1992, p. 54 as last amended by Commission Regulation (EU) No 684/2010 (OJ No. L 293, 11.11.2010, p. 62).

M7OJ No. L 62, 15.3.1993, p. 49 as last amended by Directive 2004/41/EC of the European Parliament and the Council (OJ No L 195, 2.6.2004 p.12).

M8OJ No. L 31, 1.2.2002, p. 1 as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p.14).

M9OJ No. L 18, 23.1.2003, p. 11.

M10OJ No. L 139, 30.4.2004, p. 321.

M11OJ No. L 139, 30.4.2004, p. 55 as last amended by Commission Regulation (EU) 150/2011 (OJ No. L 46, 19.2.2011, p. 14).

M12OJ No. L 35, 8.2.2005, p. 1 as last amended by Regulation (EC) No. 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p. 109).

M13OJ No. L 116, 4.5.2007, p. 9.

M14OJ No. L 328, 24.11.2006, p. 14 as last amended by Commission Directive 2008/53/EC (OJ No. L 117, 1.5.2008, p. 27).

M15OJ No. L 192, 23.7.2010, p. 1.

M16OJ No. L 343, 22.12.2009, p. 74 as amended by Commission Decision 2011/214/EU (OJ No. L90, 6.4.2011, p. 27).

M17OJ No. L 300, 14.11.2009, p.1 as last amended by Directive 2010/63/EU of the European Parliament and of the Council (OJ No. L 276, 20.10.2010, p. 33).

M18OJ No. L 95, 7.04.2017, p. 1, as amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.5.2019, p. 4).

[F5Regulation 25]

SCHEDULE 2E+WSpecific requirements for individual cases

Textual Amendments

F6 PART 1 E+WAdditional requirements for trade with member States

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

Textual Amendments

PART 2 E+WAdditional provisions relating to imports from third countries

Arrival at premises of destinationE+W

8.—(1) This paragraph applies to elephants and to cattle, pigs, sheep, goats and all other animals of the taxa Artiodactyla, and their crossbreeds.

(2) Animals intended for immediate slaughter must be conveyed without delay from the border inspection post to the slaughterhouse of destination and slaughtered within five working days.

(3) In any other case the animals must be taken without delay from the border inspection post to the holding of destination and kept there for at least 30 days (unless consigned from the holding direct to a slaughterhouse).

Imported birdsE+W

9.—(1) The Welsh Ministers are the competent authority for [F7the import of certain birds and quarantine conditions for the purposes] [F8of] [F9Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof].

(2) An importer must comply with Article 7 (transport of birds) of that Regulation.

(3) No person may release a bird from quarantine except in accordance with Article 16 (release of birds) of that Regulation.

Textual Amendments

HorsesE+W

F1010.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F11Ship supplyE+W

11.—(1) A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination.

(2) Within 15 days of completion of delivery of products on board the vessel, the operator responsible for the delivery, or the representative of the master of the vessel, must send the official certificate signed by the master of the vessel (or send by electronic means and systems) to the competent authorities of the border control post of entry or the approved customs warehouse.]

Textual Amendments

[F12Special Import ConditionsE+W

11A.—(1) The Welsh Ministers may by regulations impose special import conditions in respect of imports from third countries of products of animal origin intended for human consumption, having regard to the animal health situation of the third country or countries concerned and may for that purpose amend, modify or revoke any retained direct minor EU legislation made under Article 8(4) of Council Directive 2002/99/EC.

(2) The power to make regulations under this paragraph—

(a)is exercisable by statutory instrument;

(b)includes power to make different provision for different purposes; and

(c)includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Welsh Ministers consider appropriate.

(3) A statutory instrument containing regulations made under this paragraph is subject to annulment in pursuance of a resolution of Senedd Cymru.]

Textual Amendments

Charges for veterinary checks from New ZealandE+W

F1312.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F14Regulation 26(1)]

SCHEDULE 3E+WCases to which Part 3 does not apply

Textual Amendments

Disapplication of Part 3E+W

1.  Part 3 of these Regulations does not apply in the cases set out in this Schedule.

Case 1: Personal imports and small consignmentsE+W

[F152.  Products referred to in Article 7 and Article 10 of [F16Commission Delegated Regulation (EU) 2019/2122].]

Textual Amendments

Case 2: International means of transportE+W

3.  Products on board means of transport operating internationally that are intended for consumption by the crew and passengers and that are either—

(a)not unloaded;

(b)transferred directly from one means of transport operating internationally to another at the same port and under customs supervision; or

(c)destroyed as soon as they are unloaded.

[F17Case 3: Research and diagnostic samplesE+W

4.—(1) Research and diagnostic samples as defined in point (38) of Annex 1 to [F18Commission Regulation (EU) No 142/2011] are exempt from veterinary checks at the border control post, provided that they have been authorised in advance by the Welsh Ministers and the consignment is sent directly from the point of entry to the authorised user.

F19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F20Case 4: Consignments cleared in Great BritainE+W

5.  Consignments of animals and products from third countries that have been presented to any border control post in Great Britain and cleared for free circulation.]

Textual Amendments

Case 5: Composite productsE+W

6.—(1) Composite products and foodstuffs listed in Annex II to Commission Decision 2007/275/EC.

(2) Composite products not containing meat or meat products, where less than half of the product is processed product of animal origin, provided that such products are—

(a)shelf-stable at ambient temperature or have clearly undergone, in their manufacture, a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(b)clearly identified as intended for human consumption;

(c)securely packaged or sealed in clean containers; and

(d)accompanied by a commercial document and labelled in [F21English (whether or not it also appears in any other language)], so that that document and labelling together give information on the nature, quality and number of packages of the composite products, the country of origin, the manufacturer and the ingredient.

Textual Amendments

Case 6: Animals subject to rabies controlE+W

7.  Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M19 and imported in accordance with a licence under that Order.

Marginal Citations

M19S.I. 1974/2211 to which there are amendments not relevant to these Regulations.

[F22Case 7: Invertebrate animals intended for scientific purposesE+W

8.—(1) Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts, other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 M20, provided that—

(a)they comply with all requisite animal health requirements;

(b)they have been authorized by the Welsh Ministers ;

(c)when the activities relating to the scientific purposes have been carried out, they and any products derived from them, with the exception of any portions used for the scientific purposes, must be disposed of or re-dispatched to the third country of origin.

(2) Sub-paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus spp), molluscs belonging to the phylum Mollusca or crustaceans belonging to the subphylum Crustacea.]

Textual Amendments

Marginal Citations

M20OJ No. L. 317, 4.11.2014, p. 35.

Regulation 43

SCHEDULE 4E+WConsequential amendments

Amendment to the Bluetongue (Wales) Regulations 2008E+W

1.  After regulation 19 of the Bluetongue (Wales) Regulations 2008 M21 insert—

“ PART 3A E+WExports

19A.—(1) A person must not export any animal, semen, ovum or embryo to a third country unless it complies with Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue.

(2) An inspector who has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation may by notice served on that person, that person's representative or the person appearing to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal or thing to which it relates and arrange for the requirements of the notice to be complied with at the expense of the person on whom the notice was served.”.

Marginal Citations

Amendment to the Importation of Animal Products and Poultry Products Order 1980E+W

2.  The Importation of Animal Products and Poultry Products Order 1980 M22, insofar as it relates to Wales, is amended by inserting after article 1—

“Scope

1A.  This Order does not apply in relation to any importation in relation to which the Trade in Animals and Related Products (Wales) Regulations 2011 apply.”.

Marginal Citations

M22S.I. 1980/14 to which there are amendments not relevant to these Regulations.

Regulation 26(2)

[F23SCHEDULE 5E+WApplication of, derogations from, and modifications to, Part 3 in relation to territories subject to special transitional import arrangements

Textual Amendments

PART 1E+WIntroductory

ApplicationE+W

1.  This Schedule applies to products and live animals that originate from—

(a)a territory subject to special transitional import arrangements; or

(b)a third country other than a territory subject to special transitional import arrangements where, before importation into Wales, the products or live animals concerned—

(i)have been presented to a member State border control post recognised by the Welsh Ministers;

(ii)are accompanied by a CHED which has been completed to the satisfaction of the relevant authority; and

(iii)have been pre-notified.

InterpretationE+W

2.  For the purposes of this Schedule—

“pre-notified” (“rhaghysbysu”) means notified using the appropriate computerised information management system;

“relevant goods” (“nwyddau perthnasol”) means products and live animals falling within paragraph 1;

“territory subject to special transitional import arrangements” (“tiriogaeth sy’n ddarostyngedig i drefniadau mewnforio trosiannol arbennig”) means—

(a)

an EU member State;

(b)

the Faroe Islands;

(c)

Greenland;

(d)

Iceland;

(e)

Liechtenstein;

(f)

Norway;

(g)

Switzerland;

“working day” (“diwrnod gwaith”) means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971.

Application of, derogations from, and modifications to, Part 3 of these RegulationsE+W

3.  The provisions of Part 3 of these Regulations apply to relevant goods with the derogations and modifications specified in Part 2 of this Schedule.

PART 2E+WDerogations from, and modifications to, Part 3 of these Regulations

Derogation from regulation 13: place of importationE+W

4.—(1) Regulation 13 does not apply to relevant goods.

(2) Relevant goods are not required to enter Wales through a border control post and may enter Wales through any point of entry.

Derogation from regulation 14: timing of notification of importationE+W

5.—(1) Regulation 14 does not apply to relevant goods.

(2) From 1 January 2021, relevant goods of the following descriptions must be pre-notified at least one working day before the expected time of arrival at a point of entry into Wales—

(a)live animals;

(b)germinal products;

(c)animal by-products comprising—

(i)Category 1 material;

(ii)Category 2 material;

(iii)processed animal protein derived from Category 3 material,

(iv)but where the importer 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.

(3) From [F241 January 2022], relevant goods consisting of products of animal origin must be pre-notified at least one working day before the expected time of arrival at a point of entry into Wales; but where the importer 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.

(4) For the purposes of this paragraph—

(a)“Category 1 material”, “Category 2 material” and “Category 3 material” have the meanings given in Articles 8 to 10 of Regulation (EC) No 1069/2009;

(b)“processed animal protein” has the meaning given in point 5 of Annex 1 to Commission Regulation (EU) No 142/2011.

Textual Amendments

Derogation from regulation 15: procedure on importationE+W

6.—(1) Regulation 15 does not apply to relevant goods but—

(a)official controls must take place at the place of destination indicated in the relevant accompanying importation documentation on a random or risk basis, and in accordance with regulation 29 and 35;

(b)from 1 January 2021, relevant goods consisting of—

(i)live animals or germinal products may not be imported into Wales unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Welsh Ministers or the Secretary of State;

(ii)products of animal origin and animal by-products must be accompanied by relevant commercial documents which at least identify the premises of origin and destination, and contain a description of the product and the quantity of the product; and

F25(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The documents described in sub-paragraph (1)(b) F26... must accompany the consignment of the relevant goods concerned to its place of destination.

Textual Amendments

Derogation from regulation 19(a): unchecked consignmentsE+W

7.  Regulation 19(a) does not apply to relevant goods which have entered Wales through a point of entry other than a border control post in accordance with this Schedule.

Modification of regulation 20: action following failure of checks or seizure - productsE+W

8.  Regulation 20 applies as if—

(a)in paragraph (1), after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5”;

(b)in paragraph (3)(b)—

(i)“from the same border control post” were omitted;

(ii)for “at the border control post” there were substituted “into Wales”.

Modification of regulation 23: action following failure of checks or seizure - animalsE+W

9.  Regulation 23 applies as if, in paragraph (1), after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5”.

Derogation from regulation 27: re-importation of animals and productsE+W

10.—(1) Regulation 27 does not apply in the circumstances described in sub-paragraph (2).

(2) Products and live animals that originate from Wales and which have been rejected from entering the European Union at a European Union border control post are not required to re-enter Wales through a Welsh border control post if—

(a)in the case of products and live animals that are not high risk, notification of the re-entry has been given to the Welsh Ministers or the Food Standards Agency;

(b)in the case of products and live animals that are high risk, the re-entry has been authorised in writing by the Welsh Ministers or the Food Standards Agency before the re-entry is to take place.

(3) In this paragraph, “high risk” means the products or live animals are suspected of constituting a serious risk to human or animal health or animal welfare.

PART 3E+WAdditional rules in relation to relevant goods consisting of live animals

Live animalsE+W

11.—(1) This paragraph applies in relation to relevant goods consisting of live animals.

(2) The live animals must remain under restricted movement at the place of destination indicated in the health certificate until the completed and signed health certificate has been uploaded to the appropriate computerised information management system.

(3) The person responsible for the transportation of the live animals to the place of destination must be in possession of the appropriate authorisation in accordance with Council Regulation (EC) No 1/2005.]

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