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

[F1 Derogation from regulation 15: procedure on importation E+W

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

[F2 (a) from 30th April 2024—

(i) any identity and physical checks carried out on products may take place either at the point of entry into Wales or at the destination indicated in the importation document accompanying the consignment;

(ii) subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(aa) the checks referred to in paragraph (a) must be carried out on a risk or random basis and at the appropriate frequency rate;

(ab) the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day;

(ac) the competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment, may issue a CHED permitting entry;

(ad) where there are no legislative requirements relating to the consignment, the competent authority may issue a CHED where the importation of the consignment is authorised in accordance with the procedure specified in regulation 15(5) to (7);]

(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;

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (ba) from 31st January 2024—

(i) relevant goods consisting of products of animal origin may not be imported into Great Britain at any place in Wales unless they are accompanied by—

(aa) the appropriate health certificate for third country imports in the form published by the Welsh Ministers or the Secretary of State from time to time; or

(bb) where they meet the conditions in sub-paragraph (1A) or are listed in sub-paragraph (1B), 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

(ii) relevant goods consisting of animal by-products or derived products may not be imported into Great Britain at any place in Wales unless they are accompanied by—

(aa) in the case of goods listed in column 1 of the table in Schedule 6 which are stated in the health certificate to be intended for the use (or use of a kind) mentioned in relation to those goods in column 2 of that table, the appropriate health certificate for third country imports in the form published by the Welsh Ministers or the Secretary of State from time to time; or

(bb) in any other case, 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.]

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (1A) The conditions referred to in sub-paragraph (1)(ba)(i)(bb) are that they—

(a) are shelf-stable at ambient temperature;

(b) are securely packaged or sealed in clean containers; and

(c) are not one of the following categories of goods—

(i) infant formula;

(ii) follow-on formula;

(iii) baby food;

(iv) food for special medical purposes;

(v) beeswax;

(vi) pollen;

(vii) propolis;

(viii) royal jelly; or

(ix) products derived from live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods.

(1B) The products referred to in sub-paragraph (1)(ba)(i)(bb) are—

(a) composite products listed in a document published by the Secretary of State under Article 3(1)(a) of Commission Decision 2007/275 or referred to in Article 4 of that Decision, except for products listed in sub-paragraph (1A)(c)(i) to (iv) and (ix);

(b) dairy products or colostrum-based products that have been subject to a heat treatment referred to in point 2(1) of Chapter 2, Section 9 of Annex 3 to Regulation 853/2004, except for fresh milk and the products listed in sub-paragraph (1A)(c)(i) to (iv);

(c) fresh fishery products or prepared fishery products that are—

(i) from wild freshwater or seawater animals of species other than of the Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae, or Scombresosidae families, and

(ii) either not live or non-viable;

(d) gelatine;

(e) collagen;

(f) highly refined products of animal origin;

(g) honey;

(h) rendered animal fat;

(i) greaves.]

(2) The documents described in sub-paragraph (1)(b) [F7 and (ba)] F8 ... must accompany the consignment of the relevant goods concerned to its place of destination.]

[F9 (3) in this paragraph—

[F10 (za) “appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;]

(a) “colostrum-based product” has the meaning given in point 2 of Section 9 of Annex 3 to Regulation 853/2004;

(b) “collagen”, “dairy product”, “fishery product”, “fresh fishery products”, “gelatine” “greaves”, “prepared fishery products” and “rendered animal fat” have the meanings given in Annex 1 to Regulation (EC) 853/2004;

(c) “highly refined products of animal origin” means the products listed in point 1 of Section 16 of Annex 3 to Regulation 853/2004;

(d) “infant formula”, “follow-on formula”, “baby food” and “food for special medical purposes” have the meanings given in Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control;

(e) “non-viable” means they would no longer be able to survive as living animals if returned to the environment from which they were obtained;

(f) Regulation 853/2004 means Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;

(g) “shelf-stable at ambient temperature” means they are not required to be transported or stored at controlled temperatures.]

Textual Amendments

F1 Sch. 5 inserted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 32

F2 Sch. 5 para. 6(1)(a)-(ad) substituted for Sch. 5 para. 6(1)(a) (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 14(4)(c)(i) (with reg. 5)

F3 Sch. 5 para. 6(1)(b)(ii) omitted (31.1.2024) by virtue of The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 6(3)(b)(i)

F4 Sch. 5 para. 6(1)(ba) inserted (31.1.2024) by The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 6(3)(b)(ii)

F5 Sch. 5 para. 6(1)(c) omitted (29.9.2021) by virtue of The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 3) Regulations 2021 (S.I. 2021/1094), regs. 1(2), 2(2)(b)(i)

F6 Sch. 5 para. 6(1A)(1B) inserted (31.1.2024) by The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 6(3)(c)

F7 Words in Sch. 5 para. 6(2) inserted (31.1.2024) by The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 6(3)(d)

F8 Words in Sch. 5 para. 6(2) omitted (29.9.2021) by virtue of The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 3) Regulations 2021 (S.I. 2021/1094), regs. 1(2), 2(2)(b)(ii)

F9 Sch. 5 para. 6(3) inserted (31.1.2024) by The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 6(3)(e)

F10 Sch. 5 para. 6(3)(za) inserted (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 14(4)(c)(ii) (with reg. 5)