PART 1N.I.INTRODUCTION

Citation and commencementN.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

I1Reg. 1 in operation at 1.1.2012, see reg. 1

InterpretationN.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;

F1...

F2...

“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;

[F3“genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;]

[F4”health certificate” includes the equivalent of a health certificate in electronic form;

“importer” means the natural or legal person who presents animals or products for importation from outside [F5Northern Ireland];

“intensified official controls” means those controls carried out in accordance with Article 65(4) of the EU Regulation;

“official controls” means activities performed in accordance with Article 2(1) of the EU Regulation;]

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

[F6“premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;]

[F7“the published nomenclature list” means the list of products published and amended from time to time by the Secretary of State, specifying products by reference to the relevant nomenclature for the purposes of determining the selection of consignments that must be submitted to veterinary checks at a border inspection post.]

[F8(1A) In these Regulations—

(a)“the EU Regulation” is a reference to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;

(b)“Regulation (EU) No. 2016/1012” is a reference to Regulation (EU) No. 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof;

(c)any reference to a “border inspection post” is to be read as a reference to a “border control post” as defined in regulation 11; and

(d)any reference to a “CVED” is to be read as a reference to a “CHED” as defined in regulation 10.]

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

[F9(2B) For the purposes of any reference to a Directive in these Regulations, any EU instrument to which that Directive refers, or to which any EU instrument referred to by that Directive refers, and which is a reference to that instrument as it has effect from time to time, is to be read as a reference to the instrument as it has effect immediately before exit day.]

(3) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 1.1.2012, see reg. 1

[F10Exceptions for pet animalsN.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;

[F11“pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases;]

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

Textual Amendments

International agreementsN.I.

4.  Trade with [F12the Faroe Islands, Greenland,] 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.

Textual Amendments

Commencement Information

I3Reg. 4 in operation at 1.1.2012, see reg. 1