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The Trade in Animals and Related Products Regulations (Northern Ireland) 2011

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This is the original version (as it was originally made).

PART 1INTRODUCTION

Citation and commencement

1.  These Regulations may be cited as the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 and shall come into operation on 1st January 2012.

Interpretation

2.—(1) In these Regulations—

“the Agency” means the Food Standards Agency;

“animal” means an animal of any kind, including a bird, fish or invertebrate;

“authorised officer” means a person who is authorised by the Department, a district council, or the Agency either generally or specifically, to act in matters arising under these Regulations, whether or not that person is an officer of the Department, a district council or the Agency;

“border inspection post” means a port or airport approved as such by the European Commission(1);

“CVED” means the Common Veterinary Entry Document specified in—

(a)

Commission Regulation (EC) No. 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(2); and

(b)

Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(3).

“the Department” means the Department of Agriculture and Rural Development;

“enforcement authority” has the meaning given in regulation 31;

“equidae” means wild or domesticated animals of the equine (including zebras) or asinine species or the offspring or crossings of those species;

“genetic material” means hatching eggs and animal semen, ova or embryos;

“official veterinary surgeon” means a veterinary surgeon appointed by the Department in accordance with regulation 12(1)(a);

“premises” includes—

(a)

any land, building, shed, pen or other place;

(b)

any receptacle or container;

(c)

ship, vessel, boat, aircraft, hovercraft or vehicle of any other description;

“product” means a product listed in Annex I to Commission Decision 2007/275/EC (concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC(4)) and, in addition, hay and straw.

(2) All references in Schedule 2 to European Union instruments are references to those instruments as amended from time to time.

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Exceptions for pet animals

3.—(1) These Regulations shall not apply in relation to pets accompanied by and under the responsibility of a natural person, where—

(a)the movement is not the subject of a commercial transaction; and

(b)(in the case of cats, dogs and ferrets) not more than five animals are travelling with the person.

(2) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No. 998/2003 (on the animal health requirements applicable to the non-commercial movement of pet animals(6)).

International agreements

4.  Trade with Iceland, Liechtenstein, Norway and Switzerland under any agreement between those countries and the European Union is treated as trade between member States for the purposes of these Regulations.

PART 2MOVEMENT BETWEEN MEMBER STATES

Movement of animals and genetic material between member States

5.—(1) No animal or genetic material shall be consigned to another member State, or brought into Northern Ireland from another member State, unless it is accompanied by—

(a)the completed, signed health certificate required for that animal or genetic material in the relevant instrument in Schedule 2; or

(b)any other document required by the instrument.

(2) The consignee of an incoming consignment shall keep the certificate for 12 months from the date of delivery of the consignment.

Preparation of a health certificate

6.—(1) In order to prepare a health certificate for the consignment of an animal or genetic material to another member State, the person intending to despatch the consignment shall apply to the Department or a person authorised by the Department for a uniquely numbered certificate.

(2) The certificate shall then be completed by a person authorised to do so by the Department, in accordance with the instructions sent by the Department with the certificate.

(3) The person completing the certificate shall ensure that the conditions specified in the certificate are fulfilled and that all necessary examinations have been carried out.

(4) If everything is in order the person shall sign the certificate.

(5) A person shall not sign a certificate unless authorised to do so by the Department.

(6) A person shall not sign a certificate knowing it to be false, or believing it not to be true.

Notification of movement of animals and genetic material between member States

7.—(1) No animal or genetic material shall be consigned to another member State unless the consignor or their representative has notified the competent authority of the member State of destination, at least 24 hours in advance of the intended arrival of the consignment and using the Traces system established under Commission Decision 2004/292/EC (on the introduction of the Traces system(7)).

(2) No animal, (other than registered horses accompanied by identification documentation provided for by Council Directive 90/427/EEC (on the zootechnical and genealogical conditions governing intra-Community trade in equidae) or genetic material shall be brought into Northern Ireland from another member State unless the person bringing in the consignment has notified the Department, at least 24 hours in advance of the intended arrival of the consignment.

Additional requirements in specific cases

8.  Part I of Schedule 3 makes additional requirements for specific cases.

PART 3IMPORTATION FROM A THIRD COUNTRY

Scope of this Part

9.  This Part applies in relation to the importation into Northern Ireland from a country outside the European Union of any animal or product specified in Commission Decision 2007/275/EC, including a situation where the ultimate destination is outside Northern Ireland.

Importation

10.—(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(8)at a place permitted under that Order.

Border inspection post

11.—(1) If at any time the Department or district council is of the opinion that any part of the inspection facilities at the border inspection post no longer complies with the requirements for approval, the Department or district council may serve a notice on the operator—

(a)specifying the breach;

(b)providing a time limit within which the conditions shall be complied with; and

(c)prohibiting the use of that part of the facilities until the conditions of the approval are complied with.

(2) If the notice is not complied with the Department or district council may suspend the approval in relation to that part of the inspection facilities.

(3) If the operator of a border inspection post is in serious breach of the requirements for a border inspection post set out in Annex II to Council Directive 97/78/EC (laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(9)) or the conditions of the approval, and in particular if the operation of the border inspection post creates a risk to human or animal health, the Department shall suspend its approval and shall inform the Commission and the other member States of the suspension and the reason.

Appointment of official veterinary surgeons and authorised officers

12.—(1) The Department shall appoint—

(a)suitably trained veterinary surgeons to be official veterinary surgeons;

(b)such appropriately trained assistants for each official veterinary surgeon appointed under sub-paragraph (a),

for any border inspection post authorised to import animals.

(2) A district council shall appoint—

(a)an authorised officer to carry out the regulatory functions in relation to fish and fishery products at each border inspection post in it’s district;

(b)such appropriately trained assistants for each authorised officer appointed under sub-paragraph (a),

if the approval for the border inspection post permits the importation of any product (other than snails) for human consumption listed in Chapter 3 of Annex I to Commission Decision 2007/275/EC.

(3) An authorised officer appointed under paragraph (2) shall have all the powers of an official veterinary surgeon in relation to those products referred to in paragraph (2).

(4) The appointment under paragraph (2) may be made by the Department rather than the district council if the approval for the border inspection post only permits the importation of animal by-products.

Place of importation

13.  An animal or product shall not be imported into Northern Ireland other than at a border inspection post designated for that animal or product.

Notification of importation

14.—(1) In the case of animals the person responsible for a consignment shall notify its arrival to the border inspection post at least one working day before it is due to arrive.

(2) In the case of products the person responsible for a consignment shall notify its arrival to the border inspection post before the consignment is unloaded from the means of transport that brought it to Northern Ireland.

(3) The notification shall be made by submitting the CVED with Part I completed.

(4) In the case of transhipment of products to another member State the person responsible for the consignment shall notify the official veterinary surgeon at the border inspection post of arrival at the time of arrival, of—

(a)the estimated time of unloading of the consignment;

(b)the border inspection post at which it will be checked;

(c)the location of the consignment; and

(d)the estimated time of departure.

Procedure on importation

15.—(1) When the consignment has been unloaded, the person responsible for the consignment shall without undue delay arrange for it, together with the documentation specified for that consignment in the relevant legislation in Schedule 2, to be presented at the border inspection post inspection facilities to enable—

(a)the checks required by Article 4 of Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(10),

(b)the checks required by Article 4 of Council Directive 91/496/EEC laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries(11), or

(c)the official controls referred to in Article 14(1) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(12),

to be carried out.

(2) The official veterinary surgeon may serve on the person responsible for the consignment a notice specifying a reasonable time at which the consignment shall be presented for inspection, and that person shall comply with such a notice.

(3) The official veterinary surgeon shall carry out all necessary checks and controls specified in paragraph (1) and shall only issue a CVED permitting entry if—

(a)the consignment complies with the requirements relating to it in the relevant instrument in Schedule 2;

(b)the importation is not prohibited under paragraph (4); and

(c)the correct fee for the checks has been or will be paid.

(4) In the case of live animals the official veterinary surgeon shall not issue a CVED permitting entry if—

(a)the animals are from a territory or part of a territory of a third country not included in the lists drawn up in accordance with legislation of the European Union for the species concerned or from which imports are prohibited under that legislation;

(b)the animals are suffering from or are suspected to be suffering from or are infected by a contagious disease or a disease presenting a risk for human or animal health, or any other reason provided for in legislation of the European Union;

(c)the exporting third country has not complied with the requirements provided for in legislation of the European Union;

(d)the animals are not in a fit state to continue their journey;

(e)the veterinary certificate or document accompanying the animals does not meet the requirements of legislation of the European Union relating to importation.

(5) If there are no legislative requirements relating to the consignment, the official veterinary surgeon shall not issue a CVED unless importation has been authorised in writing under this paragraph by the Department, who shall only grant an authorisation if satisfied that the consignment does not pose a risk to human or animal health, or to the animal health status of the United Kingdom.

(6) The official veterinary surgeon shall keep the original certificate accompanying the consignment for three years (except that, if the consignment is refused the official veterinary surgeon shall stamp it accordingly, return the original to the importer and keep a copy of it for three years).

Removal from the border inspection post

16.—(1) A person shall not remove a consignment from the border inspection post unless it is accompanied by a CVED issued by the official veterinary surgeon and the movement is in accordance with the CVED.

(2) The person transporting a consignment from the border inspection post shall ensure that it is transported to the destination specified in the CVED and is accompanied by its CVED.

(3) This does not apply if the consignment is removed from the border inspection post under the authority of the official veterinary surgeon.

Channelling

17.  In the case of a product, if box 30, 31, 33 or 34 of the CVED requires a consignment to be taken to a specific destination in the European Union—

(a)the movement shall be under customs supervision if this is specified in the CVED; and

(b)on arrival, the occupier of the premises of consignment shall immediately notify the Department of its arrival.

Destination outside the United Kingdom

18.—(1) This regulation relates to a consignment brought into Northern Ireland but intended for an ultimate destination outside the United Kingdom.

(2) In the case of an animal consigned to a destination outside the European Union, the person notifying its arrival shall provide documentary evidence that the country of destination will accept the animal, and the official veterinary surgeon at the border inspection post may refuse to accept the animal if this is not provided.

(3) In the case of products, a consignment intended for a destination outside the United Kingdom brought into a border inspection post may be taken directly from the border inspection post (in the case of an airport this shall be by air, and in the case of a sea port this shall be by sea) to a destination outside the United Kingdom without a CVED, if it does not remain at the border inspection post more than 12 hours (in the case of an airport) or 7 days (in the case of a sea port).

(4) If the consignment is intended to be sent to a destination in the European Union, and the importation of the product into the European Union is not permitted, the official veterinary surgeon shall reject the consignment.

Unchecked consignments

19.—(1) The Department or district council shall seize any consignment—

(a)brought into Northern Ireland other than through a border inspection post approved for that animal, product or genetic material;

(b)removed from a border inspection post without a CVED or the authority of the official veterinary surgeon at the border inspection post; or

(c)transported from the border inspection post to a destination other than that specified in the CVED.

(2) Where the Department or district council suspects that a consignment does not satisfy the conditions in the legislation in Schedule 2 relating to that animal, product or genetic material—

(a)it may seize, or cause the consignment to be seized, pending investigation; and

(b)any costs incurred shall be at the expense of the person responsible for the consignment.

Action following failure of checks or seizure – products

20.—(1) In the case of a product, if the checks at a border inspection post show that the consignment does not satisfy the conditions in the legislation in Schedule 2 relating to that product, or where such checks reveal an irregularity, the official veterinary surgeon, after consultation with the person responsible for the consignment or that person’s representative, shall—

(a)permit the use of the consignment as animal by-products in accordance with Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption (13) provided there is no risk to human or animal health;

(b)where health conditions permit, require the person in charge of the consignment to redispatch the product outside the European Union from the same border inspection post to a destination agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days; or

(c)if the person responsible for the consignment gives immediate agreement, redispatch is impossible or the 60-day time limit has elapsed, destroy the products.

(2) Pending redispatch or confirmation of the reasons for rejection, the person responsible for the consignment shall store the consignment under the supervision of the Department or the district council at the expense of the person responsible for the consignment.

(3) If a consignment of products is seized outside a border inspection post under regulation 19 the Department or district council shall—

(a)dispose of the consignment as Category 1 material in accordance with Regulation (EC) No. 1069/2009 of the European Parliament and of the Council, or

(b)act in accordance with sub-paragraph (b) or (c) of paragraph (1).

Consignments of products likely to constitute a risk to animal or human health

21.  If veterinary checks at a border inspection post indicate that a consignment of products is likely to constitute a danger to animal or human health, the official veterinary surgeon or authorised officer shall immediately seize and destroy it at the expense of the person responsible for it.

Serious or repeated infringements and breach of maximum residue limits

22.—(1) Where the enforcement authority reasonably concludes, on the basis of the results of veterinary checks in any member State revealing that products entering the European Union from—

(a)a particular third country;

(b)part of a third country; or

(c)establishment in a third country,

are implicated in serious or repeated infringements of any requirement laid down in a Community instrument relating to animal or public health, or where those checks reveal that maximum residue levels have been exceeded, this regulation shall apply to the next ten consignments brought into the United Kingdom from that third country, part of a third country or establishment in a third country as the case may be, that are brought into Northern Ireland.

(2) The official veterinary surgeon at the border inspection post at which any such consignment is brought shall, by notice served on the person responsible for the consignment, take charge of it and carry out a physical check thereon, including the taking of samples and laboratory tests and analyses.

(3) Upon service of a notice under paragraph (2) the person responsible for the consignment shall lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges payable for veterinary checks carried out on the consignment, including the taking of samples, and any laboratory test and analysis carried out on any sample taken.

(4) If any veterinary check carried out on the consignment reveals an infringement of any requirement laid down in a Community instrument relating to animal or public health, the official veterinary surgeon shall redispatch or dispose of the consignment in accordance with Regulation 20(1).

Action following failure of checks or seizure – animals

23.—(1) If the checks at a border inspection post show that an animal does not satisfy the conditions in the legislation in Schedule 2 relating to that animal, or where such checks reveal an irregularity, the authorised officer shall, by notice served on the importer or the importer’s representative, require that the importer or the importer’s representative—

(a)shelter, feed and water and, if necessary, treat the animal;

(b)if necessary, place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; or

(c)where animal health or welfare requirements so allow redispatch it, within a time limit to be set by the official veterinary surgeon, outside the European Union.

(2) If redispatch is impossible, in particular for welfare reasons, the authorised officer may arrange for the slaughter of the animal.

(3) If an animal is seized under regulation 19 the Department or district council shall isolate it and, following examination of the animal, shall—

(a)release the animal from restriction; or

(b)require the animal to be slaughtered; or

(c)require the animal to be re-exported outside the European Union.

(4) Where a horse is imported under the conditions of Commission Decision 92/260 (on animal health conditions and veterinary certification for temporary admission of registered horses)and is not re-exported within 90 days the Department may require the horse to be re-exported.

(5) The importer or the importer’s representative is liable for the costs incurred in these measures but is entitled to the slaughter value of the animal after deduction of these costs.

Appeals

24.—(1) Any person who is aggrieved by a decision referred to in regulation 20 or 23, may appeal within one month of the decision to a Magistrates’ court by way of sworn complaint in writing for an order and the Magistrates’ Court (Northern Ireland) Order 1981(14) applies to the proceedings.

Additional requirements in specific cases

25.  Part 2 of Schedule 3 makes additional requirements for specific cases.

Exclusions

26.  The provisions of this Part do not apply in the cases specified in Schedule 4.

Re-importation of products

27.—(1) An official veterinary surgeon at a border inspection post shall authorise the re-importation of a consignment of products that originated in the European Union and was refused by a third country, if the consignment is accompanied—

(a)by the original certificate or a copy authenticated by the competent authority which issued the certificate accompanying the consignment, together with details of the reasons for refusal and a guarantee that the conditions governing the storage and transport of the consignment have been observed, stating that the products in the consignment have not undergone any handling; or

(b)in the case of sealed containers, by a certificate from the carrier stating that the content has not been handled or unloaded.

(2) The official veterinary surgeon shall carry out a documentary and identity check and if necessary a physical check.

(3) The importer shall—

(a)transport the consignment directly to the establishment of origin in the member State where the certificate was issued, in leak-proof means of transport, identified and sealed by the official veterinary surgeon at the border inspection post so that the seals will be broken whenever the container is opened; or

(b)destroy the consignment as animal by-products.

Admission of products into warehouses

28.  A person shall not bring a consignment of products that does not comply with the import requirements of these Regulations into a warehouse in a free zone, a free warehouse (as defined in Title IV chapter 3 section 1 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code(15)) or a customs warehouse.

PART 4SAFEGUARD MEASURES

Safeguard measures

29.—(1) This regulation applies where the Department or the Agency has reasonable grounds for suspecting the existence of a disease, zoonosis, phenomenon or circumstance outside the United Kingdom liable to present a serious threat to human or animal health.

(2) The Department or the Agency may by written declaration suspend, or impose conditions upon, the entry into Northern Ireland of any animal, product or genetic material from the whole or any part of the country concerned.

(3) The declaration shall be published in such manner as the Department or the Agency thinks fit.

(4) A person shall not bring anything into Northern Ireland in breach of such declaration.

PART 5ADMINISTRATION

Notices, authorisations and declarations

30.—(1) A notice served, authorisation granted, or declaration made under these Regulations—

(a)shall be in writing;

(b)may be made subject to conditions; and

(c)may be amended, suspended or revoked by a further notice in writing at any time.

(2) Any notice, authorisation or declaration under these Regulations shall be complied with.

Enforcement authorities

31.  The enforcement authorities are the Department, the Agency or a district council within its district.

Enforcement

32.—(1) At a border inspection post these Regulations are enforced—

(a)in relation to animals and genetic material by the Department; and

(b)in relation to products by the Department or the district council as the case may be.

(2) Outside a border inspection post, in relation to animals they are enforced by—

(a)the Department;

(b)otherwise by the district council in its district.

(3) Outside a border inspection post, in relation to genetic material they are enforced by the Department.

(4) Outside a border inspection post, in relation to products they are enforced by—

(a)the district council (except in relation to animal feed, where it is the Department); or

(b)by the Agency at—

(i)any cutting plant, game-handling establishment or slaughterhouse, or

(ii)premises at which the Agency enforces the Food Hygiene Regulations (Northern Ireland) 2006(16).

(5) In addition, in relation to products they are enforced by a general customs official in any place where goods are subject to customs supervision by that official under Articles 37 and 38 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code.

(6) The Department may direct, in relation to cases of a particular description or a particular case, that the Department of Agriculture and Rural Development may discharge any duty imposed on a district council under this regulation.

(7) Where an officer of the Department or a district council, when exercising any statutory function, discovers at a point of entry a consignment or product that the officer considers may have been brought in breach of regulation 13, the officer shall seize the consignment or product, or cause the consignment or product to be seized, pending investigation, and any costs incurred shall be at the expense of the person responsible for the consignment or product.

(8) In cases where an officer of a district council who is not an authorised officer for the purposes of these Regulations, when exercising any statutory function, discovers at any place other than a point of entry or a border inspection post, a consignment or product—

(a)in relation to which the officer considers these Regulations may not have been complied with; or

(b)that the officer considers is from a third country and may present a risk to animal or public health,

the officer shall notify an authorised officer and detain the consignment or product until an authorised officer takes charge of it.

Powers of entry

33.—(1) An authorised officer may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of enforcing these Regulations.

(2) The authorised officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.

(3) Admission to any premises used only as a private dwelling house may not be demanded as of right unless the entry is in accordance with a warrant granted under this regulation.

(4) If a lay magistrate, on sworn complaint in writing, is satisfied that there are reasonable grounds for entry into any premises for any purpose in paragraph (1) and that either—

(a)admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b)an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the lay magistrate may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.

(5) A warrant granted under this regulation continues in force for one month.

(6) An authorised officer who enters any unoccupied premises shall leave them as effectively secured against unauthorised entry as they were before entry.

Powers of authorised officers

34.  An authorised officer may—

(a)inspect and examine any animal;

(b)inspect any product, or genetic material, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with it;

(c)have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;

(d)have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records; and may require any computer records to be produced in a form in which they may be taken away;

(e)seize and retain anything required as evidence in proceedings under these Regulations;

(f)open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it and inspect the contents;

(g)take samples of any animal or product for laboratory tests, for checking against any relevant document relating to the animal or product or otherwise for checking compliance with these Regulations or any condition of import enforced by these Regulations.

Consignments from another member State constituting a risk to health

35.—(1) If an animal, product or genetic material brought in from another member State constitutes a serious risk to human or animal health or comes from a region contaminated by an epizootic disease, an authorised officer of the Department may serve a notice on the person appearing to be in charge of the animal, product or genetic material requiring that person—

(a)to detain and isolate—

(i)the animals;

(ii)any animals with which they have been in contact;

(iii)the product;

(iv)the genetic material;

and take such further action as may be specified in the notice for the purpose of preventing the introduction or spreading of disease; or

(b)without delay, to slaughter an animal, or, in the case of an product or genetic material, destroy it, in accordance with such conditions as may be specified in the notice.

(2) An authorised officer of the Department who knows or suspects that animals, products or genetic material do not comply with the provisions of Article 3 of Council Directive 90/425/EEC, may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to be in charge of those animals, products or genetic material by way of notice the choice of—

(a)where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 1998(17), maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation or Schedule 2 to these Regulations;

(b)slaughtering the animals or destroying the products or genetic material in accordance with such conditions as may be specified in the notice; or

(c)returning the animals, products or genetic material to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.

(3) If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the authorised officer shall serve a notice—

(a)requiring the consignor, the consignor’s representative or the person in charge of the consignment to produce the required documentation within 7 days; and

(b)to detain the consignment in accordance with the terms of the notice.

(4) If a notice served under this regulation is not complied with an authorised officer may seize any animal, product or genetic material to which the notice relates, and arrange for the requirements of the notice to be complied with at the expense of the person on whom the notice was served.

Obstruction

36.—(1) A person shall not—

(a)intentionally obstruct any person acting in the execution of these Regulations;

(b)without reasonable cause, fail to give any person acting in execution of these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations; or

(c)furnish to any person acting in the execution of these Regulations any information knowing it to be false or misleading.

(2) Nothing in paragraph 1(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate them.

Exchange of information

37.—(1) The enforcement authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in England, Scotland and Wales for the purposes of this Part or the equivalent legislation in those jurisdictions.

(2) Paragraph (1) is without prejudice to any other power of the enforcement authority, to disclose information.

(3) No person shall disclose any information received from the enforcement authority under paragraph (1) if—

(a)the information relates to a person whose identity–

(i)is specified in the disclosure; or

(ii)can be deduced from the disclosure;

(b)the disclosure is for a purpose other than the purposes specified in paragraph (1); and

this shall include a servant of the Crown.

Fees

38.—(1) The Department, the district council or the Agency (whichever is responsible under regulation 32) may charge a reasonable fee in relation to any activity relating to trade between member States in animals or genetic material under these Regulations.

(2) The consignor, the consignor’s representative and the person in charge of any animal or genetic material are jointly and severally liable for that fee(18).

Offences

39.  A person contravening any of the provisions of these Regulations specified in Schedule 1 shall be guilty of an offence.

Penalties

40.—(1) A person guilty of an offence of disclosure in breach of regulation 37(3) (disclosure of information) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, to imprisonment not exceeding 3 months, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both.

(2) A person guilty of any other offence under these Regulations is liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

Disapplication of existing provisions

41.—(1) The Landing of Carcases and Animal Products Order (Northern Ireland) 1985(19) and The Diseases of Animals (Importation of Bird Products) Order (Northern Ireland) 1996(20) shall not apply to products to which these Regulations apply, except the products referred to in paragraphs 2 and 4 of Schedule 4.

(2) The Artificial Reproduction of Animals (Northern Ireland) Order 1975(21) shall not apply to products to which these Regulations apply, except embryos, ova and semen of the ovine, caprine and bovine species.

Revocations

42.—(1) The following are revoked—

(a)the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998(22);

(b)the Products of Animal Origin (Import and Export) (Amendment) Regulations (Northern Ireland) 2001(23);

(c)the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006(24);

(d)the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007(25);

(e)the Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2007(26);

(f)the Animals and Animal Products (Import and Export) (Circuses and Avian Quarantine) Regulations (Northern Ireland) 2007(27);

(g)the Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2008(28);

(h)the Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2009(29);

(i)the Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2010(30);

(j)the Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2010(31);

(k)the Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2011(32).

(2) Schedule 5 makes amendments consequential to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 21st December 2011

Legal seal

C. McMaster

A senior officer of the Department of Agriculture and Rural Development

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