Regulation 39

SCHEDULE 1N.I.OFFENCES

Commencement Information

I1Sch. 1 in operation at 1.1.2012, see reg. 1

ProvisionDescription of the offence
[F1regulation 5(1) and (1A)] [F2Movements without correct accompanying document]
regulation 5(2)Failing to keep a certificate for at least twelve months
regulation 6(5)Signing a certificate without being authorised by the Department
regulation 6(6)Signing a certificate knowing it to be false, or not believing it to be true
regulation 7Failing to notify movement between member States
regulation 13Importation other than at a border inspection post
regulation 14Failing to notify importation
regulation 15(1)Failing to present a consignment for inspection
regulation 15(2)Failing to comply with a notice
regulation 16(1)Removal from a border inspection post without a CVED
regulation 16(2)Failing to transport a consignment to the place specified in the CVED
regulation 17(a)Movement other than under Customs supervision
regulation 17(b)Failure to notify the Department
regulation 28Bringing a non-compliant product into a warehouse etc.
regulation 29(4)Bringing in an animal, product or genetic material in breach of a declaration
regulation 36Obstruction
regulation 37(3)Disclosure of information
Schedule 3:
paragraph 5(1) of Part 1Trading in apes
paragraph 6(2) of Part 1 [F3Obligations of the circus operator]
paragraph 6(3) of Part 1Notification of movement
Paragraph 7 of Part 1Movement of Animal by-products
paragraph 8(2) of Part 2Slaughter of animals
paragraph 8(3) of Part 2Keeping animals at their place of destination
paragraph 9(2) of Part 2Transport of birds to approved quarantine facilities or centres
paragraph 9(3) of Part 2Release of birds from quarantine
paragraph 11 of Part 2Use of a certificate relating to ships’ stores
Schedule 4 paragraph 4(3)Destruction or redispatch in accordance with the authorisation

Textual Amendments

Regulations 5 and 15

SCHEDULE 2N.I.EUROPEAN UNION LEGISLATION

Commencement Information

I2Sch. 2 in operation at 1.1.2012, see reg. 1

EU legislationSubject
Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(1)Bovine animals and swine
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(2)Bovine semen
Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(3)Fresh and frozen bovine embryos
F4. . .F4. . .
F5. . .F5. . .
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(4)Porcine semen
F6. . .F6. . .
Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals(5)Sheep and goats
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 Annex A (I) (1) to Directive 90/ 425/EEC (6)Other animals and products specified in the Directive
Council Directive 92/118/EEC laying down animal health 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(7)Miscellaneous products
F7. . .F7. . .
F8. . .F8. . .
Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down the procedures in matters of food safety(8)Animal products for human consumption
Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(9)Animal products for human consumption
Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals(10)Certain live ungulate animals including bovine, ovine, caprine, porcine
Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(11)Hay and Straw
Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(12)Animal products for human consumption
Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(13)Animal products for human consumption
F9. . .F9. . .
F10. . .F10. . .
Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene(14)Animal feed
Commission Decision 2007/275 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(15)Composite products
Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(16)Aquatic animals
Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae(17)Equidae
Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(18)Poultry and hatching eggs
Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed(19)Animal feed
Council Regulation (EC) No 1069/2009 laying down the health rules as regards animal by-products and derived products not intended for human consumption (20)Animal by-products
[F11Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 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 Purebred breeding animals, hybrid breeding pigs and the germinal products thereof]
[F12Regulation (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 and the Implementing Regulations and Delegated Regulations made under it.] [F13Official controls and other official activities]

Textual Amendments

Regulations 8 and 25

SCHEDULE 3N.I.SPECIFIC REQUIREMENTS FOR INDIVIDUAL CASES

PART 1N.I.ADDITIONAL REQUIREMENTS FOR TRADE [F14WITH] MEMBER STATES

Textual Amendments

Dealers in cattle, sheep, pigs or goatsN.I.

1.—(1) The Department may authorise premises to operate as an assembly centre or dealer’s premises in accordance with Council Directive 64/432/EEC (in the case of cattle and pigs) or Council Directive 91/68/EEC (in the case of sheep and goats).

(2) The authorisation shall specify the dealer or operator authorised to operate the premises.

(3) The Department must be satisfied that the dealer or operator will operate the premises in accordance with Council Directive 64/432/EEC or Council Directive 91/68/EEC.

(4) In this Article dealer means—

(a)in the case of cattle or pigs, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of these animals and who within 30 days of purchasing animals resells or relocates them from the first premises to other premises not within his ownership; and

(b)in the case of sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of these animals and who within 29 days of purchasing animals resells or relocates them from the first premises to other premises not within his ownership

Commencement Information

I3Sch. 3 para. 1 in operation at 1.1.2012, see reg. 1

Transport of cattle, pigs, sheep or goatsN.I.

2.—F15(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(2) No person may transport cattle, pigs, sheep or goats to a member State unless authorised by the Department in accordance with Article 11 of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations.]

(3) The transporter shall, for each vehicle used for the transport of those animals, keep a register containing the following information,

(a)places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b)places and dates of delivery, and the name or business name and address of the consignee;

(c)species and number of animals carried;

(d)date and place of disinfection; and

(e)the unique identifying number of accompanying health certificates.

(4) The register shall be kept for at least three years.

(5) The transporter shall ensure that the means of transport is constructed in such a way that animal faeces, litter or feed cannot leak or fall out of the vehicle.

(6) The transporter shall give a written undertaking to the Department stating that—

(a)in the case of cattle or pigs, Council Directive 64/432/EEC, and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that shall accompany the animals, will be complied with;

(b)in the case of sheep or goats, Council Directive 91/68/EEC, and in particular the provisions laid down in Article 8c of that Directive and the provisions of that Directive relating to the appropriate documentation that shall accompany the animals, will be complied with; and

(c)the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

Textual Amendments

Commencement Information

I4Sch. 3 para. 2 in operation at 1.1.2012, see reg. 1

HorsesN.I.

3.  Registered equidae and equidae for breeding and production (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) covered by a bi-lateral agreement made under Article 6 of Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae(21) may move [F17to or from] member states without a health attestation or a health certificate [F18and are exempt from the requirement in regulation 7(2) to provide one working days' notice to the Department in advance of the intended arrival of the consignment].

Textual Amendments

Commencement Information

I5Sch. 3 para. 3 in operation at 1.1.2012, see reg. 1

Northern Ireland Poultry Health Assurance SchemeN.I.

4.  For the purposes of Article 6 of, and Annex II to, Council Directive 2009/158/EC (which establishes a poultry health scheme relating to trade [F19with] member States)—

(a)the approval of establishments and laboratories shall be granted by the Department under the Northern Ireland Poultry Health Assurance Scheme Order (Northern Ireland) 2011(22);

(b)an annual inspection of an approved establishment shall be carried out by a veterinary surgeon appointed for the purpose by the Department for the establishment to remain on the register.

Textual Amendments

Commencement Information

I6Sch. 3 para. 4 in operation at 1.1.2012, see reg. 1

Approvals for the Balai DirectiveN.I.

5.—(1) A person shall not trade in apes (simiae and prosimiae) other than between a centre approved by the Department and a centre approved by the competent authority for the other member State in accordance with Article 5 of Council Directive 92/65/EEC (“the Balai Directive”).

(2) A body seeking approval to use the different health provisions set out in Article 13 of the Balai Directive shall be approved by the Department.

(3) The Department shall suspend, withdraw or restore approvals in sub-paragraph (1) or (2) in the circumstances set out in point 6 of Annex C to that Directive.

(4) The Department shall approve a body authorised to engage in trade [F20with] member States in semen, ova and embryos in accordance with Article 11 of the Balai Directive if it meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.

(5) By way of derogation, from sub-paragraph (1), the Department may authorise in writing a body approved under this paragraph to acquire an ape (simiae and prosimiae) belonging to an individual.

Textual Amendments

Commencement Information

I7Sch. 3 para. 5 in operation at 1.1.2012, see reg. 1

CircusesN.I.

6.—(1) The Department is the competent authority for the purposes of Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States(23).

[F21(2) A person shall not contravene Article 8 of that Commission Regulation (obligations of the circus operator).]

(3) Notwithstanding regulation 5(1) of these Regulations, a person shall not contravene Article 10(1) of that Commission Regulation (notification of movement).

Textual Amendments

Commencement Information

I8Sch. 3 para. 6 in operation at 1.1.2012, see reg. 1

Animal by-productsN.I.

7.  Animal by-products to which Article 48 of Regulation (EC) No 1069/2009 apply may only be consigned to [F22a member State, or brought into Northern Ireland from a] member State, in accordance with that Article.

Textual Amendments

Commencement Information

I9Sch. 3 para. 7 in operation at 1.1.2012, see reg. 1

PART 2N.I.ADDITIONAL PROVISIONS RELATING TO IMPORTS FROM THIRD COUNTRIES

Arrival at premises of destinationN.I.

8.—(1) This paragraph applies to elephants and to cattle, pigs, sheep goats and all other animals of the taxa Artiodactyla, and their crossbreeds.

(2) Animals intended for immediate slaughter shall be conveyed without delay from the border inspection post to the slaughterhouse of destination and slaughtered within 3 working days.

(3) In any other case the animals shall be taken without delay from the border inspection post to the holding of destination and kept there for at least 30 days (unless consigned from the holding direct to a slaughterhouse).

Commencement Information

I10Sch. 3 para. 8 in operation at 1.1.2012, see reg. 1

Imported birdsN.I.

9.—[F23(1) The Department is the competent authority for [F24the import of certain birds and quarantine conditions for the purposes of] Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof , as amended from time to time.]

(2) An importer shall comply with Article 7 (transport of birds) of that Regulation.

(3) A person shall not release a bird from quarantine except in accordance with Article 16 (release of birds) of that Regulation.

Textual Amendments

Commencement Information

I11Sch. 3 para. 9 in operation at 1.1.2012, see reg. 1

HorsesN.I.

10.  When a horse is imported from a third country under [F25Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae] [F26, as amended by Commission Implementing Regulation (EU) 2018/1301], the official veterinary surgeon shall return the health certificate to the person accompanying the horse, and make a record of the certificate.

Textual Amendments

Commencement Information

I12Sch. 3 para. 10 in operation at 1.1.2012, see reg. 1

[F27Ship supplyN.I.

11.—(1) A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination.

(2) Within 15 days of completion of delivery of products on board the vessel, the operator responsible for the delivery, or the representative of the master of the vessel must send the official certificate signed by the master of the vessel (or send by electronic means and systems) to the competent authority of the border control post of entry or the approved Customs warehouse.]

Textual Amendments

Charges for veterinary checks from New ZealandN.I.

F2812.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 26

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

Disapplication of Part 3N.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

I13Sch. 4 para. 1 in operation at 1.1.2012, see reg. 1

Case 1: Personal imports and small consignmentsN.I.

[F292.  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

Case 2: International means of transportN.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

I14Sch. 4 para. 3 in operation at 1.1.2012, see reg. 1

[F30Research and diagnostic samples] N.I.

[F314.—(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

Commencement Information

I15Sch. 4 para. 4 in operation at 1.1.2012, see reg. 1

Case 4: Consignments cleared in [F32a] member StateN.I.

5.  Consignments of animals and products that have been presented to a border inspection post in [F33a] member State F34... and have been cleared for free circulation.

Textual Amendments

Commencement Information

I16Sch. 4 para. 5 in operation at 1.1.2012, see reg. 1

Case 5: Composite productsN.I.

6.—(1) Composite products and foodstuffs listed in [F35the 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

Commencement Information

I17Sch. 4 para. 6 in operation at 1.1.2012, see reg. 1

Case 6: Animals subject to rabies controlN.I.

7.  Animals specified in the Schedule to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977(24) and imported in accordance with a licence under that Order.

Commencement Information

I18Sch. 4 para. 7 in operation at 1.1.2012, see reg. 1

[F36Case 7: Invertebrate animals intended for scientific purposesN.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

Regulation 42(2)

SCHEDULE 5N.I.CONSEQUENTIAL AMENDMENTS

Amendment to the Bluetongue Regulations (Northern Ireland) 2008N.I.

1.  After regulation 20 (compulsory vaccination) of the Bluetongue Regulations (Northern Ireland) 2008(25) insert—

“Exports

20A.—(1) A person shall not export any animal, semen, ovum or embryo to a third country unless it complies with Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue.

(2) An inspector who has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation may by notice served on that person, that person’s representative or the person appearing to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal or thing to which it 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.”.

Commencement Information

I19Sch. 5 para. 1 in operation at 1.1.2012, see reg. 1

Amendment to the Landing of Carcases and Animal Products Order (Northern Ireland) 1985N.I.

2.  The Landing of Carcases and Animal Products Order (Northern Ireland) 1985(26) is amended by inserting after article 3(2)—

“(3) This Order does not apply in relation to any importation in relation to which the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 apply.”.

Commencement Information

I20Sch. 5 para. 2 in operation at 1.1.2012, see reg. 1

[F37Amendment to the Official Feed and Food Controls Regulations (Northern Ireland) 2009N.I.

3.  In Schedule 3 to The Official Feed and Food Controls Regulations (Northern Ireland) 2009 in the definition of “relevant food law” delete sub-paragraph (a)(vii)]

Textual Amendments

(1)

O.J. No. L 121, 29.7.64, p. 1977 as last amended by Commission Decision 2009/976/EU (O.J. No. L 336, 18.12.2009, p. 36)

(2)

O.J. No. L 194, 22.7.1988, p. 10 as last amended by Council Directive 2008/73/EC (O.J. No. L 219, 14.8.2008, p. 40)

(3)

O.J. No. L 302, 19.10.1989, p. 1 as last amended by Council Directive 2008/73/EC

(4)

O.J. No. L 224, 18.8.1990, p. 62 as last amended by Council Directive 2008/73/EC

(5)

O.J. No. L 46, 19.2.1991, p. 19 as last amended by Council Directive 2008/73/EC

(6)

O.J. No. L 268, 14.9.1992, p. 54 as last amended by Commission Regulation (EU) No 2010/684 (O.J. No. L 293, 11.11.2010, p. 62)

(7)

O.J. No. L 62, 15.3.1993, p. 49 as last amended by Commission Regulation (EC) No 445/2004 (O.J. No. L 72, 11.3.2004, p. 60)

(8)

O.J. No. L 31, 1.2.2002, p. 1 as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (O.J. No. L. 188, 18.7.2009)

(9)

O.J. No. L 18, 23.1.2003, p. 11

(10)

O.J. No. L 139, 30.4.2004, p. 321

(11)

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

(12)

O.J. No. L 139, 30.4.2004, p. 1 as last amended by Regulation (EC) No. 219/2009 of the European Parliament and of the Council (O.J. No. L 87, 31.3.2009, p. 109)

(13)

O.J. No. L 139, 30.4.2004, p. 55 as last amended by Commission Regulation (EU) 150/2011 (O.J. No. L 46, 19.2.2011, p. 14)

(14)

O.J. No. L 35, 8.2.2005, p. 1 as last amended by Regulation (EC) No. 219/2009 of the European Parliament and of the Council

(15)

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

(16)

O.J. No. L 328, 24.11.2006, p. 14 as last amended by Commission Directive 2008/53/EC (O.J. No. L 117, 1.5.2008, p. 27)

(17)

O.J. No. L 192, 23.7.2010, p. 1

(18)

O.J. No. L 343, 22.12.2009, p. 74 as amended by Commission Decision 2011/214/EU (O.J. No. L90, 6.4.2011, p. 27)

(19)

O.J. No. L 229, 1.9.2009, p. 1 as last amended by Commission Regulation (EU) No 939/2010 (O.J. No. L 277, 21.10.2010, p. 4)

(20)

O.J. No. L 300, 14.11.2009, p.1 as last amended by Directive 2010/63/EU of the European Parliament and of the Council (O.J. No. L 276, 20.10.2010, p. 33)

(21)

O.J. No. L 192, 23.7.2010, p. 1

(23)

O.J. No. L 279, 22.10.2005, p. 47

(24)

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