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

PART 1 N.I. INTRODUCTION

Citation and commencement N.I.

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.

Commencement Information

I1 Reg. 1 in operation at 1.1.2012, see reg. 1

Interpretation N.I.

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 [F1 , as last amended by Commission Implementing Regulation (EC) No. 494/2014] (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 [F2 , as last amended by Commission Regulation (EC) No. 585/2004] (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.

Textual Amendments

F1 Words in reg. 2(1) added (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 5 para. 19(a)

F2 Words in reg. 2(1) added (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 5 para. 19(b)

Commencement Information

I2 Reg. 2 in operation at 1.1.2012, see reg. 1

[F3 Exceptions for pet animals N.I.

3.— (1) These Regulations do not apply in relation to pet animals where—

(a) the movement is a non-commercial movement, and

(b) in the case of cats, dogs and ferrets—

(i) the pet animal is accompanying the owner or authorised person, or

(ii) where more than five pet animals are accompanying the owner or authorised person, the conditions set out in Article 5(2) of the Pets Regulation are fulfilled.

(2) In this regulation—

“authorised person”, “non-commercial movement” and “owner” have the meaning given by Article 3 of the Pets Regulation;

“the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;

“pet animal” means an animal of a species listed in Annex I of the Pets Regulation;

“accompanying” has the same meaning as in the Pets Regulation.]

Textual Amendments

F3 Reg. 3 substituted (23.7.2015) by The Non-Commercial Movement of Pet Animals (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/282), art. 1, Sch. para. 11

International agreements N.I.

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.

Commencement Information

I3 Reg. 4 in operation at 1.1.2012, see reg. 1

(1)

The Commission periodically publishes lists of border inspection posts

(2)

O.J. No. L 21, 28.1.2004, p. 11 as last amended by Commission Regulation (EC) No 206/2009 (O.J. No. L 77, 24.3.2009, p. 1)

(3)

O.J. No. L 49, 19.2.2004, p. 11 as last amended by Commission Regulation (EC) No 585/2004 (O.J. No. L 91, 30.3.3004, p. 17)

(4)

O.J. No. L 116, 4.5.2007, p. 9

(5)

1954 c.33 (N.I.)