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

Regulation 26

SCHEDULE 4 N.I. CASES TO WHICH PART 3 DOES NOT APPLY

Disapplication of Part 3 N.I.

1.  Part 3 of these Regulations, with the exception of regulation 21 does not apply in the cases set out in this Schedule.

Commencement Information

I1 Sch. 4 para. 1 in operation at 1.1.2012, see reg. 1

Case 1: Personal imports and small consignments N.I.

[F1 2.   Products referred to in Article 7 and Article 10 of the Commission Delegated Regulation adopted in accordance with Articles 48(d) and (e) of the EU Regulation.]

Textual Amendments

F1 Sch. 4 para. 2 substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 20(34)(a)

Case 2: International means of transport N.I.

3.  Products on board means of transport operating internationally that are intended for consumption by the crew and passengers and that are either—

(a) not unloaded;

(b) transferred directly from one means of transport operating internationally to another at the same port and under customs supervision; or

(c) destroyed as soon as they are unloaded.

Commencement Information

I2 Sch. 4 para. 3 in operation at 1.1.2012, see reg. 1

[F2 Research and diagnostic samples] N.I.

[F3 4.— (1) Research and diagnostic samples as defined in point (38) of Annex I to Regulation (EU) No 142/2011, are exempt from veterinary checks at the border control post provided that they have been authorised in advance by the Department and the consignment is sent directly from the point of entry to the authorised user.

(2) In relation to such samples arriving in Northern Ireland and destined for a member State,—

(a) the importer or importer's representative must present research and diagnostic samples at a border control post of entry; and

(b) the competent authority of the border control post must inform the competent authority of the member State of destination of the arrival of the samples.]

Textual Amendments

F2 Sch. 4 para. 4 heading substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 20(34)(b)(i)

F3 Sch. 4 para. 4(1)(2) substituted for Sch. 4 para. 4(1)-(4) (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 20(34)(b)(ii)

Commencement Information

I3 Sch. 4 para. 4 in operation at 1.1.2012, see reg. 1

Case 4: Consignments cleared in [F4 a] member State N.I.

5.  Consignments of animals and products that have been presented to a border inspection post in [F5 a] member State F6 ... and have been cleared for free circulation.

Textual Amendments

F4 Word in Sch. 4 para. 5 heading substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 20(34)(c)

F5 Word in Sch. 4 para. 5 substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 20(34)(d)

F6 Words in Sch. 4 para. 5 omitted (31.12.2020) by virtue of The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 8(7)

Commencement Information

I4 Sch. 4 para. 5 in operation at 1.1.2012, see reg. 1

Case 5: Composite products N.I.

6.—(1) Composite products and foodstuffs listed in [F7 the list of composite products and foodstuffs exempt from veterinary import checks published by the Secretary of State].

(2) Composite products not containing meat or meat products, where less than half of the product is processed product of animal origin, provided that such products are—

(a) shelf-stable at ambient temperature or have clearly undergone, in their manufacture, a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(b) clearly identified as intended for human consumption;

(c) securely packaged or sealed in clean containers; and

(d) accompanied by a commercial document and labelled in an official language of a Member State, so that that document and labelling together give information on the nature, quality and number of packages of the composite products, the country of origin, the manufacturer and the ingredient.

Textual Amendments

F7 Words in Sch. 4 para. 6(1) substituted (31.12.2020) by The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1225), regs. 1(3), 21(7); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I5 Sch. 4 para. 6 in operation at 1.1.2012, see reg. 1

Case 6: Animals subject to rabies control N.I.

7.  Animals specified in the Schedule to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977(1) and imported in accordance with a licence under that Order.

Commencement Information

I6 Sch. 4 para. 7 in operation at 1.1.2012, see reg. 1

[F8 Case 7: Invertebrate animals intended for scientific purposes N.I.

8.— (1) Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014, provided that—

(a) they comply with all requisite animal health requirements;

(b) they have been authorised by the Department;

(c) when the activities relating to the scientific purposes have been carried out, they and any products derived from them, with the exception of any portions used for the scientific purposes, must be disposed of or re-dispatched to the third country of origin.

(2) Paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus spp), molluscs belonging to the phylum Mollusca or crustaceans belonging to the subphylum Crustacea.]

Textual Amendments

F8 Sch. 4 para. 8 inserted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 20(34)(e)

(1)

S.R. 1977 No. 113 as last amended by S.R. 2005 No. 275