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

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Regulation 39

SCHEDULE 1OFFENCES

ProvisionDescription of the offence
regulation 5(1)Consigning an animal or genetic material without a health certificate
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 1Keeping records
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

Regulations 5 and 15

SCHEDULE 2EUROPEAN UNION LEGISLATION

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
Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to completion of the internal market(4)Veterinary checks
Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(5)Veterinary checks
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(6)Porcine semen
Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries(7)Veterinary checks
Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals(8)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 (9)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(10)Miscellaneous products
Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(11)Residues
Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(12)Veterinary checks
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(13)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(14)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(15)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(16)Hay and Straw
Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(17)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(18)Animal products for human consumption
Regulation (EC) No. 854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption (19)Animal products for human consumption
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(20)Official controls on feed, food, animal health and animal welfare
Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene(21)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(22)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(23)Aquatic animals
Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae(24)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(25)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(26)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 (27)Animal by-products

Regulations 8 and 25

SCHEDULE 3SPECIFIC REQUIREMENTS FOR INDIVIDUAL CASES

PART 1ADDITIONAL REQUIREMENTS FOR TRADE BETWEEN MEMBER STATES

Dealers in cattle, sheep, pigs or goats

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

Transport of cattle, pigs, sheep or goats

2.—(1) Any person transporting cattle, pigs, sheep or goats between member States shall comply with this paragraph.

(2) The transporter shall be approved for the purpose by the Department.

(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.

Horses

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(28) may move between member states without a health attestation or a health certificate.

Northern Ireland Poultry Health Assurance Scheme

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 between 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(29);

(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.

Approvals for the Balai Directive

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 between 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.

Circuses

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(30).

(2) A person shall not contravene Article 8 of that Commission Regulation (keeping of records).

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

Animal by-products

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

PART 2ADDITIONAL PROVISIONS RELATING TO IMPORTS FROM THIRD COUNTRIES

Arrival at premises of destination

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).

Imported birds

9.—(1) The Department is the competent authority for Commission Regulation (EC) No 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof(31).

(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.

Horses

10.  When a horse is imported from a third country under Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses(32), the official veterinary surgeon shall return the health certificate to the person accompanying the horse, and make a record of the certificate.

Ships stores

11.  A product that does not comply with import requirements and is sent from a border inspection post to a ship shall be accompanied by the certificate referred to in the instrument in Schedule 2 relating to that product, and the master of the vessel shall confirm delivery of the product by signing the certificate specified in Commission Decision 2000/571/EC (laying down the methods of veterinary checks for products from third countries destined for introduction into free zones, free warehouses, customs warehouses or operators supplying cross border means of sea transport(33)) and returning it as soon as is reasonably practicable to the official veterinary surgeon at the border inspection post.

Charges for veterinary checks from New Zealand

12.  The charge for veterinary checks carried out on a consignment from New Zealand is 1.5 euro for each tonne of the consignment, subject to a minimum of 30 euro and a maximum of 350 euro, save that where the actual cost of the veterinary checks carried out on a consignment exceeds 350 euro, the amount of the charge is the actual cost.

Regulation 26

SCHEDULE 4CASES TO WHICH PART 3 DOES NOT APPLY

Disapplication of Part 3

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

Case 1: Personal imports and small consignments

2.  The products of animal origin specified in Article 2 of Commission Regulation (EC) No. 206/2009 on the introduction into the Community of personal consignments of products of animal origin(34).

Case 2: International means of transport

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.

Case 3: Trade samples and samples for particular study or analysis

4.—(1) Products sent as trade samples or intended for exhibitions provided that they are not intended to be marketed and have been authorised in advance for that purpose by the Department.

(2) Products intended for particular studies or analyses provided that such products are not intended for human consumption and have been authorised in advance for that purpose by the Department.

(3) When the exhibition is finished or when the particular studies or analyses have been carried out, these products, with the exception of the quantities used for the analyses, shall be destroyed or redispatched as specified in the import authorisation.

(4) This case does not apply in relation to any product controlled under 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 and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (the rules for those products are laid down in that Regulation).

Case 4: Consignments cleared in another member State

5.  Consignments of animals and products that have been presented to a border inspection post in another member State or another part of the United Kingdom and have been cleared for free circulation.

Case 5: Composite products

6.—(1) Composite products and foodstuffs listed in Annex II to Commission Decision 2007/275/EC.

(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.

Case 6: Animals subject to rabies control

7.  Animals specified in the Schedule to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977(35) and imported in accordance with a licence under that Order.

Regulation 42(2)

SCHEDULE 5CONSEQUENTIAL AMENDMENTS

Amendment to the Bluetongue Regulations (Northern Ireland) 2008

1.  After regulation 20 (compulsory vaccination) of the Bluetongue Regulations (Northern Ireland) 2008(36) 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..

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

2.  The Landing of Carcases and Animal Products Order (Northern Ireland) 1985(37) 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..

(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 395, 30.12.1989, p. 13 as last amended by Directive 2004/41/EC (O.J. No. L 157, 30.4.2004, p. 33)

(5)

O.J. No. L 224, 18.8.1990, p. 29 as last amended by Directive 2002/33/EC (O.J. No. L315, 19.11.2002, p. 14)

(6)

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

(7)

O.J. No. L268, 24.9.1991, p. 56 as last amended by Directive 2008/73/EC,(O.J. No. L219, 14.8.2008, p. 40)

(8)

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

(9)

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)

(10)

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)

(11)

O.J. No. L 125, 23.5.1996, p. 10 as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (O.J. No. 188, 18.7.2009, p. 14)

(12)

O.J. No. L. 24, 30.1.1998, p. 9 as last amended by Directive 2006/104/EC (O.J. L. 363, 20.12.2006)

(13)

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)

(14)

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

(15)

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

(16)

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)

(17)

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)

(18)

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)

(19)

O.J. No. L 139, 30.4.2004, p. 206 as last amended by Commission Regulation (EU) No 739/2011 (O.J. No. L 196, 28.7. 2011, p. 196)

(20)

O.J. No. L 165, 30.4.2004, p. 1

(21)

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

(22)

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

(23)

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)

(24)

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

(25)

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)

(26)

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)

(27)

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)

(28)

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

(30)

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

(31)

O.J. No. L 84, 24.3.2007, p. 7 as last amended by Commission Regulation (EU) No 239/2010 (O.J. No. L 75, 23.3.2010, p. 18)

(32)

O.J. No. L 130, 15.5.1992, p. 67 as last amended by Commission Decision 2010/463/EU (O.J. No. L 220, 21.8.2010, p. 74)

(33)

O.J. No. L 240, 23.9.2000, p. 14

(34)

O.J. No. L 77, 24.3.2009, p. 1

(35)

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

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