Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000

Part III Trade in Third Country Animals

Application of Part III

14.  This Part shall apply in relation to—

(a) any animals imported into Northern Ireland from any place outside the European Communities; and

(b) any animals originating outside the European Communities and imported into Northern Ireland from any place inside those Communities.

Importation

15.—(1) Subject to paragraph (2), a person shall not import any animal directly from a place outside the European Communities.

(2) Nothing in paragraph (1) shall prevent the import of any animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977(1) at a place permitted under that Order.

(3) A person shall not import any animal which originated outside the European Communities from a member State, Great Britain, any of the Channel Islands or the Isle of Man either for transport to a place in the United Kingdom or for re-export to another member State unless—

(a) all the checks required under Council Directive 91/496/EEC have been carried out in relation to those animals at a border inspection post and they are accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the border inspection post under Article 7(1) of that Directive; or

(b) in the case of animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977, the conditions of that Order have been complied with.

(4) A person shall not import from a member State, Great Britain, any of the Channel Islands or the Isle of Man any animal to which—

(a) a Decision listed in Schedule 4 applies from the country referred to in that Decision except in accordance with the provisions of that Decision, including any options exercised by the Department under that Decision; or

(b) a Directive listed in Schedule 4 applies, except in accordance with the provisions of the Directive, and any decision adopted under that Directive; and

(c) in accordance with the provisions of any additional animal health requirements of legislation regulating imports into Northern Ireland.

(5) If an animal is imported for slaughter, the importer shall ensure that it is slaughtered without delay and if it is not so slaughtered, an inspector may by notice served on the importer, his representative or person in charge of the animals require the animals to be slaughtered within such period and at such place as may be specified in the notice.

(6) In the event of a notice under paragraph (5) not being complied with an inspector may seize or may cause to be seized any animal to which it relates and arrange for the requirements of the notice to be complied with.

Illegal imports

16.—(1) If any animal is imported from outside the European Communities in contravention of regulation 15(1), the Department may, by notice in writing, require the person appearing to it to be in charge of the animal to detain and isolate that animal in accordance with the notice and in that case the following provisions of this regulation shall have effect.

(2) The Department shall cause to be carried out an examination by a veterinary inspector of the animal to which a notice under paragraph (1) relates and, following that examination, shall by means of a further notice served on the person appearing to it to be in charge of the animal, the consignor or his representative—

(a) require the animal to be brought to the place specified in the notice;

(b) require the animal to be slaughtered or slaughtered and destroyed;

(c) require the animal to be re-despatched outside the territory of the European Communities, where animal health or welfare considerations so permit, within such period as may be specified in the notice; or

(d) revoke the notice given under paragraph (1).

(3) In the event of a notice under paragraphs (1) and (2) not being complied with, an inspector may seize the animal to which it relates or cause it to be seized and arrange for the requirements of the notice to be complied with.

Application of regulations 7 to 13

17.  Regulations 7 to 13 shall apply in relation to animals imported into Northern Ireland from any place inside the European Communities, which originated outside those Communities and in respect of which all the checks provided for in Council Directive 91/496/EEC have been carried out in accordance with that Directive as those regulations apply to animals to which Part II applies.

Arrival at the place of destination

18.  On its arrival at the place of destination, an animal for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release it from those premises unless authorised in writing by an authorised officer of the Department.

Post-import controls

19.—(1) Where a veterinary inspector knows or suspects that—

(a) in the case of any animal, the import conditions of a Directive listed in Schedule 4, any additional requirements specified in relation thereto in that Schedule or any additional animal health legislation regulating the import of such animals into Northern Ireland have not been complied with; or

(b) in the case of any animal there is doubt as to its identity,

he may carry out any veterinary checks on that animal which he deems appropriate.

(2) If the checks carried out under paragraph (1) confirm that import conditions referred to in that paragraph were not complied with in the case of any animal then the provisions of regulation 16 shall apply and, in the case of the exercise of a power to isolate the animal, a veterinary inspector may additionally require the placing in isolation of other animals which have been in contact with the imported animal.

(1)

S.R. 1977 No. 113 as amended by S.R. 1977 No. 256, S.R. 1994 No. 402 and S.R. 2000 No. 10