Animals (Third Country Imports) (Charges) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement in Northern Ireland, Council Directive 96/43/EC (O.J. No. L162, 1.7.96, p. 1) which amends and consolidates Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amends Directives 90/675/EEC and 91/496/EEC.

A person importing animals into Northern Ireland from a country outside the European Union shall pay to the Department of Agriculture for Northern Ireland (“the Department”) a charge for the veterinary and health inspection carried out on that animal (regulation 3). The charges vary according to the species of animal inspected and are set out in the Schedule. The charge is increased by 50% where the inspection takes place between 5.00 pm and 8.30 am on a week day and by 100% where the inspection takes place on a Saturday, a Sunday or a public holiday. In this latter situation an additional charge of £75 is made (regulation 4(2) and 4(3)).

The charge must be paid at the time the inspection is carried out. If the charge is not paid at that time the Department is empowered to detain the animal at Belfast International Airport until such time as the charge is paid. The importer of the animal is liable for the full cost of detaining it until the charge is paid. Where a person has imported an animal in respect of which a charge remains unpaid, the Department may serve a notice requiring him to pay the charge within a specified period (regulation 5).

The Department is also empowered to serve a notice on the importer of an animal requiring him to pay the veterinary and health inspection charge within a specified period and to detain the animal at his own expense at a place other than Belfast International Airport (regulation 6).

Where a notice is served in accordance with regulation 5 or 6 and the person on whom the notice was served fails to comply with it, the Department may seize the animal to which the notice relates and sell or otherwise dispose of it (regulation 7).