Regulations 5 and 15

SCHEDULE 1U.K.European Union legislation

EU legislationSubject

Council Directive 64/432/EECon animal health problems affecting intra-Community trade in bovine animals and swine

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(1)

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(2)

Fresh bovine embryos

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(3)

Porcine semen

Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals(4)

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 (5)

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(6)

Miscellaneous products
F1

. . .

F1. . .

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(7)

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(8)

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(9)

Certain live ungulate animals including bovine, ovine, caprine, porcine
F2. . .F2. . .

Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(10)

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(11)

Animal products for human consumption
F3. . .F3. . .
F4. . .F4. . .

Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene(12)

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(13)

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(14)

Aquatic animals

Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae(15)

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(16)

Poultry and hatching eggs
F5. . .F5. . .
Council Regulation (EC) No 1069/2009 laying down the health rules as regards animal by-products and derived products not intended for human consumption (17)Animal by-products
[F6Regulation (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]
[F7Regulation (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] [F8Official controls and other official activities]

Textual Amendments

Regulations 8 and 25

SCHEDULE 2U.K.Specific requirements for individual cases

PART 1U.K.Additional requirements for trade [F9with] member States

Textual Amendments

Dealers in cattle, sheep, pigs or goatsU.K.

1.—(1) The Secretary of State 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 must specify the dealer or operator authorised to operate the premises.

(3) The Secretary of State 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.

Transport of cattle, pigs, sheep or goatsU.K.

2.—F10(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(2) No person may transport cattle, pigs, sheep or goats to a member State unless authorised by the Secretary of State in accordance with Article 11 of the Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations.]

(3) The transporter must, 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 must be kept for at least three years.

(5) The transporter must 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 must give a written undertaking to the Secretary of State 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 must 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 must 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

HorsesU.K.

3.  Registered equidae and equidae for breeding and production 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(18) may move [F12to or from] member states without a health attestation or a health certificate [F13and are exempt from the requirement in regulation 7(2) to provide one working day’s notice to the Secretary of State in advance of the intended arrival of the consignment .]

Textual Amendments

Poultry Health SchemeU.K.

4.  For the purposes of Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC (which establishes a poultry health scheme relating to trade [F14with] member States)—

(a)the approval of establishments and laboratories is granted by the Secretary of State;

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

Textual Amendments

Approvals for the Balai DirectiveU.K.

5.—(1) No person may trade in apes (simiae and prosimiae) other than between a centre approved by the Secretary of State 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 must be approved by the Secretary of State.

(3) The Secretary of State must 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 Secretary of State must approve a body authorised to engage in trade [F15with] member States in ova [F16, semen] and embryos in accordance with Article 11 of the Balai Directive if the body 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 Secretary of State may authorise in writing a body approved under this paragraph to acquire an ape (simiae and prosimiae) belonging to an individual.

Textual Amendments

CircusesU.K.

6.—(1) The Secretary of State 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(19).

(2) No person may contravene Article 8 of that Commission Regulation (keeping of records).

(3) Notwithstanding regulation 5(1) of these Regulations, no person may contravene Article 10(1) of that Commission Regulation (notification of movement).

Animal by-productsU.K.

7.  Animal by-products to which Article 48 of Regulation (EC) No 1069/2009 apply may only be consigned to [F17a member State, or brought into England from a] member State, in accordance with that Article.

Textual Amendments

PART 2U.K.Additional provisions relating to imports from third countries

Arrival at premises of destinationU.K.

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 must be conveyed without delay from the border inspection post to the slaughterhouse of destination and slaughtered within five working days.

(3) In any other case the animals must 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 birdsU.K.

9.—(1) The Secretary of State is the competent authority for [F18the import of certain birds and quarantine conditions for the purposes of] [F19Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof].

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

(3) No person may release a bird from quarantine except in accordance with Article 16 (release of birds) of that Regulation.

Textual Amendments

HorsesU.K.

10.  When a horse is imported from a third country under [F20Commission 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], the official veterinary surgeon must return the health certificate to the person accompanying the horse, and make a record of the certificate.

Textual Amendments

[F21Ship supplyU.K.

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 authorities of the border control post of entry or the approved Customs warehouse.]

Textual Amendments

Charges for veterinary checks from New ZealandU.K.

F2212.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 26

SCHEDULE 3U.K.Cases to which Part 3 does not apply

Disapplication of Part 3U.K.

1.  Part 3 of these Regulations does not apply in the cases set out in this Schedule.

Case 1: Personal imports and small consignmentsU.K.

[F232.  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 transportU.K.

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: [F24Research and diagnostic samples] U.K.

[F254.—(1) Research and diagnostic samples as defined in point (38) of Annex 1 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 Secretary of State and the consignment is sent directly from the point of entry to the authorised user.

(2) In relation to such samples arriving in the United Kingdom 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

Case 4: Consignments cleared in [F26a] member StateU.K.

5.  Consignments of animals and products that have been presented to a border inspection post in [F27a] member State or another part of the United Kingdom and have been cleared for free circulation.

Textual Amendments

Case 5: Composite productsU.K.

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 controlU.K.

7.  Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(20) and imported in accordance with a licence under that Order.

[F28Case 7: Invertebrate animals intended for scientific purposesU.K.

—(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 Secretary of State;

(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 44

SCHEDULE 4U.K.Consequential amendments

Amendment to the Bluetongue RegulationsU.K.

1.  After regulation 19 of the Bluetongue Regulations 2008(21) insert—

“PART 3AU.K.Exports

19A.—(1) A person must 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 Importation of Animal Products and Poultry Products Order 1980U.K.

2.  The Importation of Animal Products and Poultry Products Order 1980(22) is amended by inserting after article 1—

“Scope

1A.  This Order does not apply in relation to any importation in relation to which the Trade in Animals and Related Products Regulations 2011 apply.”.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

OJ No. L 268, 14.9.1992, p. 54 as last amended by Commission Regulation (EU) No 176/2010 (OJ No. L 52, 3.3.2010, p. 14).

(6)

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

(7)

OJ 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.

(8)

OJ No. L 18, 23.1.2003, p. 11.

(9)

OJ No. L 139, 30.4.2004, p. 321.

(10)

OJ 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 (OJ No. L 87, 31.3.2009, p. 109).

(11)

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

(12)

OJ 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.

(13)

OJ No. L 116, 4.5.2007, p. 9.

(14)

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

(15)

OJ No. L 192, 23.7.2010, p. 1.

(16)

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

(17)

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

(18)

OJ No. L 192, 23.7.2010, p. 1.

(19)

OJ No. L 279, 22.10.2005, p. 47.

(20)

S. I. 1974/2211 to which there are amendments not relevant to these Regulations.

(22)

S. I. 1980/12 to which there are amendments not relevant to these Regulations.