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.
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 Northern Ireland 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 any animal which originated outside the European Communities from a member State, Great Britain, any of the Channel Islands or the Isle of Man for re-export outside the European Community either directly or indirectly unless such transit has been previously authorised in writing by the Department and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
(5) A person shall not import from a member State, Great Britain, any of the Channel Islands or the Isle of Man any animal or captive bird to which—
(a)an instrument in Schedule 6 applies unless it complies with the relevant provisions of that instrument and any additional requirements specified in that part; and
(b)in accordance with the provisions of any additional animal health requirements of legislation regulating imports into Northern Ireland.
(6) In relation to imports of captive birds, this regulation as read with paragraph 3 of Part I and paragraph 6 of Part II of Schedule 6 shall not apply to permit the import of such birds until 1st January 2007.
(7) If an animal is imported for slaughter, it must be taken directly to a slaughterhouse and slaughtered without delay. If it is not so slaughtered, an inspector may by notice served on the importer, his representative or person in charge of the animal require the animal to be slaughtered within such period and at such place as may be specified in the notice.
(8) In the event of a notice under paragraph (7) 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.
(9) A person in charge of an animal that has been imported for immediate re-export, either directly or indirectly, outside the European Community shall comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004.
16.—(1) A person shall not import a captive bird into Northern Ireland unless—
(a)he has given notice of his intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004;
(b)all the checks required under Council Directive 91/496/EEC have been carried out in relation to that captive bird at a border inspection post and it is 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; and
(c)it is accompanied by the original animal health certificate issued in accordance with Article 2(2) of Commission Decision 2000/666 EC.
(2) The importer or his agent shall at the expense of the importer ensure that—
(a)the captive bird is conveyed from the border inspection post referred to in paragraph (1) to an approved quarantine centre or approved quarantine facility as provided for in Articles 2(4) and 3(1) and (2) of Commission Decision 2000/666/EC; and
(b)the captive bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Articles 3(3) and (5), 4, 5 and 6 of Commission Decision 2000/666/EC and regulation 17.
(3) Without prejudice to regulation 17(7), a person shall not remove a captive bird from a border inspection post or a quarantine centre unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of an inspector.
(4) Subject to paragraphs (2) and (3), the person in charge of a captive bird imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004.
(5) A person shall not remove any bird from Customs temporary storage arrangements—
(a)unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by that officer;
(b)to any place other than the place of destination specified in the common veterinary entry document, unless he has been required to remove it to another place by means of a notice served on him by an inspector.
(6) Where a check at a border inspection post involves the taking of a sample for testing and the test result is not immediately available, a veterinary inspector may, by notice served on the owner or the person appearing to him to be in charge of a captive bird, permit the owner or person so served to move the captive bird from the border inspection post, and require that owner or person to keep the captive bird in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the captive bird does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 13 shall apply.
(7) In the event of a notice served under paragraph (6) not being complied with an inspector may seize any captive bird to which it relates, and arrange for the requirements of the notice to be complied with.
17.—(1) The provisions of Part I of Schedule 7 have effect in relation to approvals for quarantine centres and quarantine facilities pursuant to Commission Decision 2000/666/EC.
(2) The quarantine manager shall ensure that the specific requirements for the quarantine of captive birds described in Part III of Schedule 7 are met.
(3) The importer of a captive bird shall meet the costs of sampling undertaken during the captive bird’s quarantine and shall pay the charges of the official laboratory for testing and analysis of samples (including the post mortem removal of tissue for testing) required under Articles 4(1), (3), (4) and (5) or undertaken in connection with reaching a suspected or confirmed diagnosis of Chlamydia psittaci referred to in Article 5 of Commission Decision 2000/666/EC as that laboratory may demand in writing in accordance with paragraphs (4) and, as the case may be, (5) of this regulation.
(4) For the purposes of testing and analysis of samples described in paragraph (3), the Agri-food and Biosciences Institute is designated the official laboratory and may make a charge for carrying out such testing and analysis.
(5) A demand for payment of charges made by the Agri-food and Biosciences Institute under this regulation may be addressed to the importer concerned at his last known address, whether or not it is his address for business.
(6) A person may not enter a quarantine centre or a quarantine facility unless—
(a)he wears protective clothing and footwear; and
(b)he meets at least one of the following criteria—
(i)he is a member of staff at that quarantine centre or quarantine facility;
(ii)he has been authorised so to enter by the Department or by a veterinary inspector; or
(iii)he otherwise does so in fulfilment of a statutory function relating to animal health, animal welfare or species conservation which he is appointed by the Department to perform.
(7) A person shall not remove a live captive bird from a quarantine centre or quarantine facility unless an inspector has authorised the removal.
(8) A person shall not remove or dispose of a carcase of a captive bird which dies in quarantine unless an inspector has authorised the removal or disposal.
(9) In so far as not provided for under regulation 29, an inspector in the case of sub-paragraphs (a) and (b), and a veterinary inspector in the case of sub-paragraph (c) shall have powers in relation to the quarantine of captive birds to—
(a)enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation and Schedule 7, or to assess whether it is appropriate to grant such an approval;
(b)inspect and arrange for copies of any documents or records (including those in electronic form) which he reasonably considers relevant for checking compliance as described in sub-paragraph (a); and
(c)take such samples and carry out such inspections of a quarantine centre or quarantine facility and its equipment, and such clinical veterinary examinations, as are required under Commission Decision 2000/666/EC.
(10) An inspector exercising powers under paragraph (9) shall produce, if required to do so, some duly authenticated document showing his authority to exercise those powers.
(11) “Quarantine manager” means the person in charge of a quarantine centre or quarantine facility for which approval is required under the Decision.
18. An inspector shall not authorise the release of animals from a quarantine centre unless he is satisfied that all veterinary checks for which a charge is made have been paid, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.
19.—(1) Subject to paragraph (2), where checks at a quarantine centre or quarantine facility or the test results referred to in regulation 16(6) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the Department shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.
(2) Where the presence of avian influenza or Newcastle disease is found at a quarantine centre or quarantine facility as described in Article 4(4) of Commission Decision 2000/666/EC, an inspector shall—
(a)kill and destroy all birds within the quarantine facility or at the unit at the quarantine centre where disease has been found, as required under Article 4(4)(a) of Commission Decision 2000/666/EC; and
(b)by notice impose the other measures provided for in Article 4(4),
except that in relation to Newcastle disease, he may instead serve notice specifying the terms on which the derogation in Article 4(5) is to be exercised.
(3) Where during quarantine required under Commission Decision 2000/666/EC psittaciformes are suspected or found to be suffering Chlamydia psittaci, an inspector shall by notice—
(a)require the treatment of all birds in the consignment by means specified in that notice; and
(b)extend the period of quarantine as required under Article 5 of Commission Decision 2000/666/EC.
(4) An inspector serving a notice under paragraphs (2) and (3) shall serve it upon the quarantine manager or other person appearing to be in charge of the centre or facility at the time of service; and shall as soon as he practically can send a copy by way of information to the importer of the birds concerned.
20.—(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 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.
21. 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 first been carried out in accordance with that Directive as those regulations apply to animals to which Part II applies.
22.—(1) On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, shall be detained at the premises by the person having control of those premises for at least 30 days and he shall not release them until authorised in writing by an authorised officer of the Department.
(2) Paragraph (1) does not apply in the case of animals being dispatched directly to a slaughterhouse.
(3) Animals of species to which paragraph (1) does not apply that are for breeding or production shall be detained at the place of destination by the person having control of those premises, and he shall not release them unless authorised in writing by an authorised officer of the Department.
23.—(1) Where a veterinary inspector knows or suspects that —
(a)in the case of any animal, the import conditions of any instrument listed in Schedule 6, requirements for the quarantine of any animals, 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 20 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 quarantine or isolation of other animals which have been in contact with the imported animal.
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. 2006 No. 275