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SCHEDULE 2INTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL REQUIREMENTS

PART ILEGISLATION IN RELATION TO INTRA-COMMUNITY TRADE

Bovine animals and swine

1.  Instrument: Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (O.J. No. L109, 25.4.97, p. 1), and as subsequently amended by—

Relevant provisions in that instrument: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports), and 12(3).

Additional requirements:

(a)The official health certificate accompanying all cattle imported into Northern Ireland from Spain must contain the statement: “Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro-pneumonia”.

(b)The official health certificate accompanying all cattle imported into Northern Ireland from Portugal must contain the statement: “Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia”.

(c)The official health certificate accompanying all swine imported into Northern Ireland from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those parts of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: “Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky’s disease(1)”.

(d)Exports of cattle from Northern Ireland to the countries listed in Annexes I and II of Commission Decision 2004/558/EC (O.J. No. L249, 23.7.2004, p. 20)—

(i)must meet the additional guarantees laid down in Article 2(1), Article 2(2)(b)(i) or Article 2(2)(c)(for exports to Germany), and (for exports to Denmark, Italy, Austria, Finland and Sweden) Article 3(1) of that Decision; and

(ii)in relation to the certification accompanying such exports—

(aa)for bovine animals exported to Germany, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent the additional guarantees of Article 2 which are met by the cattle must be specified as follows: “Article 2(1), [or] Article 2(2)(b)(i) [or] Article 2(2)(c) [as the case may be] of Commission Decision 2004/558/EC”; and

(bb)for bovine animals exported to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent “Article 3 of Commission Decision 2004/558/EC” must be entered.

(e)In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (O.J. No. L178, 17.7.2003, p. 28), the importation into Northern Ireland from the Italian region of Sardinia of animals of the suidae family is prohibited.

(f)The official health certificate accompanying swine imported into Northern Ireland from Italy must contain the statement “Animals in accordance with Commission Decision 2005/779/EC(2) concerning animal health protection measures against swine vesicular disease in Italy”.

Bovine semen

2.  Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (O.J. No. L194, 22.7.88, p. 10), as amended by, and as read with—

Relevant provisions in that instrument: Articles 3 and 6.

Bovine embryos

3.  Instrument: Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (O.J. No. L302, 19.10.89, p. 1), as amended by, and as read with—

Relevant provisions in that instrument: Articles 3 and 6.

Equidae

4.  Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L224, 18.8.90, p. 42), as amended by, and as read with—

Relevant provisions in that instrument, subject to and as read with the following Notes: Articles 4, 5, 7(1) and 8.

Notes:

(a)The requirements of Articles 4(1), 4(2) and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of a registered horse accompanied by an identification document provided for in Council Directive 90/427/EEC.

(b)For the avoidance of doubt, the derogation permitted under Article 7(2) shall not apply in relation to equidae brought into Northern Ireland.

Porcine semen

5.  Instrument: 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 (O.J. No. L224, 18.8.90, p. 62) and Commission Decision 99/608/EC (O.J. No. L242, 14.9.99, p. 20); as amended by, and read with—

Relevant provisions in that instrument: Articles 3, 4(1), 4(2) and 6(1).

Additional requirements: The official health certification accompanying all porcine semen imported into Northern Ireland from any other member State must state that the semen was collected from boars “on a collection centre which only contains animals that have not been vaccinated against Aujeszky’s disease and which have reacted negatively to the serum neutralisation test or to the ELISA test for Aujeszky’s disease, in accordance with the provisions of Council Directive 90/429/EEC” and paragraph 13(b)(ii) of the model health certificate provided in Annex D of Council Directive 90/429/EEC must be deleted in all cases.

Poultry and hatching eggs

6.  Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L303, 30.10.90, p. 6), as amended by, and as read with—

Relevant provisions in that instrument: Articles 6 to 11, 12(1), and 15 to 17.

Additional requirements:

(a)The official health certification accompanying breeding poultry exported from Northern Ireland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8 September 2003.

(b)The official health certification accompanying day-old chicks exported from Northern Ireland to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8 September 2003.

(c)The official health certification accompanying laying hens exported from Northern Ireland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2004/235/EC of 11 March 2004.

(d)The official health certification accompanying poultry for slaughter exported from Northern Ireland to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22 June 1995.

(e)The official health certification accompanying poultry, hatching eggs and day-old chicks imported into Northern Ireland from Italy shall include the words “The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC”(3).

(f)In the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC which are—

(i)exported from such a protection zone in Northern Ireland to another member State, or

(ii)imported from such a protection zone in another member State into Northern Ireland pursuant to the derogation in Article 7 of Commission Decision 2006/115/EC, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms:

“This consignment complies with the animal health conditions laid down in Commission Decision 2006/115/EC.”

Animal waste

7.  Instrument: Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption (O.J. No. L273, 10.10.2002, p. 1); as amended by, and as read with—

Relevant provision in that instrument: Article 8 as read with Annex II.

Fish

Farmed fish

8.—(1) Instrument: Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (O.J. No. L46, 19.2.91, p. 1), as amended by, and as read with—

Relevant provisions in that instrument: The following provisions in so far as they apply to live fish, eggs and gametes: Articles 3, 4, 7 to 11, 14 and 16.

Fish other than farmed fish

(2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (O.J. No. L268, 24.9.91, p. 15), as amended by, and as read with—

Relevant provisions in that instrument: Article 4.

Live Bivalve molluscs

(3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (O.J. No. L268, 24.9.91, p. 1), as amended by, and as read with—

Relevant provisions in that instrument: Articles 3(1)(a)-(i), 3(2), 4, 7, 8 and 9.

Ovine and caprine animals

9.  Instrument: Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (O.J. No. L46, 19.2.91, p. 19) as amended by, and as read with—

Relevant provisions in that instrument: Articles 3, 4, 4a, 4b, 4c, 5, 6 and 9.

Additional requirements:

(a)Only uncastrated rams for breeding which have been tested for contagious epididimytis (Brucella ovis) in accordance with Article 6(c) or Council Directive 91/68/EEC may be imported into Northern Ireland.

(b)The official health certification accompanying all sheep and goats for fattening and breeding imported into Northern Ireland must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.

Other animals, semen, ova and embryos

10.  Instrument: 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 Council Directive 90/425/EEC (O.J. No. L268, 14.9.92, p. 54), as amended by, and as read with—

Relevant provisions in that instrument: Articles 3 to 9, 10(1) to 10(3) and 11 to 13.

Note:

By way of derogation from the requirements of Article 5(1), the Department may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual.

Additional requirements:

(a)The importation into Northern Ireland of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977(5). Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least one month.

(b)Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions.

Pathogens

11.  Instrument: Council Directive 92/118/EEC laying down animal 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 (O.J. No. L62, 15.3.93, p. 49) as amended by, and as read with—

Relevant provisions in that instrument: Articles 6 and 7(1).

Pure-bred animals of the bovine species

12.  Instrument: Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (O.J. No. L206, 12.8.1977, p. 8), as amended by, and as read with—

Relevant provisions in that instrument: Articles 5 and 7.

Breeding animals of the porcine species

13.  Instrument: Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (O.J. No. L382, 31.12.88, p. 36), as amended by, and as read with—

Relevant provisions in that instrument: Articles 2(2), 5, 7(2) and 9.

Pure-bred breeding sheep and goats

14.  Instrument: Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (O.J. No. L153, 6.6.89, p. 30), as amended by, and as read with—

Relevant provisions in that instrument: Articles 3(2) and 6.

Equidae

15.  Instrument: Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (O.J. No. L224, 18.8.90, p. 55), as amended by, and as read with—

Relevant provisions in that instrument: Articles 6 and 8.

(1)

O.J. No. L16, 25.1.93, p. 18

(2)

O.J. No. L293, 9.11.2005, p. 28

(3)

O.J. No. L337, 22.12.2005, p. 60

(4)

A corrigendum has been published in O.J. No. L226, 25.6.2004, p. 128

(5)

S.R. 1977 No. 113 a amended by S.R.1977 No. 256, S.R. 1994 No. 402, S.R. 2000 No. 10, S.R. 2005 No. 275 and as disapplied in column 3 of the table given in Schedule 8 of these Regulations