PART 1 E+WIntroduction

Title, application, commencement and interpretationE+W

1.—(1) The title of these Regulations is the Animals and Animal Products (Import and Export) (Wales) Regulations 2006, they apply in relation to Wales and come into force on 15 June 2006.

(2) In these Regulations—

“Approved assembly centre” means an assembly centre approved by the National Assembly in accordance with regulation 12;

“artiodactyla” means the order of mammals that comprise cattle, sheep, antelopes, deer, giraffes, camels, pigs, hippopotamuses and their cross breeds;

“assembly centre” means any holding, collection centre or market at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade or which is used in the course of intra-Community trade;

F1...

“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;

[F2“captive birds” means birds as defined in Article 3(a) of Commission Regulation (EC) No. 318/2007]

“dealer” means—

(a)

in relation to cattle or pigs, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of those animals and who within 30 days of purchasing animals resells or relocates them to other premises not within his or her ownership; and

(b)

in relation to sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his or her ownership;

“Defra” means the Department for Environment, Food and Rural Affairs;

“European international instruments” means—

(a)

the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland M1;

(b)

the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation M2;

(c)

the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded M3; and

(d)

the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded M4;

“herd” or “flock” means a group of animals kept as an epidemiological unit;

“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the National Assembly or a local authority, and when used in relation to a person so appointed by the National Assembly includes a veterinary inspector;

[F3“inspector rate” is the rate determined under regulation 31(2)(a);]

“local authority” means in relation to an area the county council or county borough council for that area;

“National Assembly” means the National Assembly for Wales;

“place of destination” means the address or addresses to which the consignment is consigned by the consignor;

[F4“quarantine centre” in relation to captive birds and “quarantine facility” mean a centre or facility, as the case may be, for which approval is required for the purposes of Article 11 of Commission Regulation (EC) 318/2007;]

“quarantine manager” in relation to captive birds has the meaning given in [F5regulation 19(10)];

“re-inspection” in relation to the Poultry Health Scheme means an additional inspection described in paragraph 8 of Part I, Schedule 4, and “re-inspection fee” is the fee provided for in that paragraph;

“required consignment documentation” means any certificates or other documents that are required by these Regulations to accompany the consignment; and

“veterinary inspector” means a person appointed as a veterinary inspector by the National Assembly.

(3) Unless the context otherwise requires, references in these Regulations to the European Union legislation listed in this paragraph are to be construed as follows—

F6...

“Commission Decision 2006/115/EC” means Commission Decision 2006/115/EC concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC M5 as amended by Commission Decision 2006/277/EC M6;

“Commission Regulation (EC) No. 282/2004” means Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community M7;

[F7“Commission Regulation (EC) No. 318/2007” means Commission Regulation (EC) No. 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof;]

“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine M8 as amended by and as read with the instruments listed in paragraph 1 of Part I of Schedule 3;

“Council Directive 90/425/EEC” has the meaning given in [F8paragraph 5(a)];

“Council Directive 90/427/EEC” means Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae M9, as amended by and as read with the instruments listed in paragraph 15 of Part I of Schedule 3;

“Council Directive 90/539/EEC” means Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M10, as amended by and as read with, in relation to intra-Community trade with the instruments listed in paragraph 6 of Part I of Schedule 3 and in relation to imports from third countries, the instruments listed in paragraph 4 of Part II of Schedule 7;

“Council Directive 91/67/EEC” means Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products M11, as amended by and as read with the instruments listed in paragraph 8(1) of Part I of Schedule 3;

“Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals M12 as amended by and as read with the instruments listed in paragraph 9 of Part I of Schedule 3;

“Council Directive 91/496/EEC” has the meaning given in [F9paragraph 5(b)];

“Council Directive 92/65/EEC” means 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(1) to Council Directive 90/425/EEC M13, as amended by and as read with, in relation to intra-Community trade, the instruments listed in paragraph 10 of Part I of Schedule 3, and in relation to imports from third countries, the instruments listed in paragraph 5 of Part II of Schedule 7;

“Regulation (EC) No. 998/2003” means Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC M14, as amended by Commission Regulation (EC) No. 2054/2004 M15 and Commission Regulation (EC) No. 1193/2005 M16; and

“Regulation (EC) No. 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption M17.

(4) For purposes of regulation 14(b), quarantine required under [F10Commission Regulation (EC) No. 318/2007] is a check provided for in Council Directive 91/496/EEC.

[F11(5) Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears in—

(a)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 single market (OJ No. L224, 18.8.90, p.29 as last amended by Directive 2002/33/EC of the European Parliament and of the Council, OJ No. L315, 19.11.2002, p.14); and

(b)Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (OJ No. L268, 24.9.1991, p.56 as last amended by Council Directive 2006/104/EC, OJ No. L363, 20.12.2006, p.352 ).]

(6) A notice, approval or declaration under these Regulations is to be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.

[F12(7) Any reference to the EC Regulations Directives and Decisions referred to in this regulation is a reference to those instruments as amended from time to time.]

Textual Amendments

Marginal Citations

M1OJ No. L73, Special Edition, 27.3.72.

M2OJ No. L1, 3.1.94, p. 1.

M3OJ No. C241, 29.8.94, p. 21, as amended by OJ No. L12, 1.1.95, p. 1.

M4OJ No. L236, 23.9.03, p. 33.

M5OJ No. L48, 18.2.2006, p. 48.

M6OJ No. L103, 12.4.2006, p. 29.

M7OJ No. L49, 19.2.2004, p. 11.

M8OJ No. P 121, 29.7.64, p. 1977: but see OJ No. L109, 25.4.97, p. 1 in which is published Council Directive 97/12/EC amending and updating Directive 64/432/EEC which substantially substituted new text.

M9OJ No. L224, 1.8.90, p. 55.

M10OJ No. L303, 30.10.90, p. 6.

M11OJ No. L46, 19.2.91, p. 1.

M12OJ No. L46, 19.2.91, p. 19.

M13OJ No. L268, 14.9.92, p. 54.

M14OJ No. L146, 13.6.2003, p. 1.

M15OJ No. L355, 01.12.2004, p. 14.

M16OJ No. L194, 26.7.2005, p. 4.

M17OJ No. L139, 30.4.2004, p. 206, a corrigendum to which has been published in OJ No. L226, 25.06.2004, p. 83.

ExceptionE+W

2.—(1) Subject to paragraph (2), these Regulations do not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.

(2) Where any person is accompanying and has under his or her responsibility more than five pets travelling together that—

(a)are each of a species listed in Annex I to Regulation (EC) No. 998/2003; and

(b)come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003,

these Regulations apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction.

[F13(3) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No. 998/2003.]

Textual Amendments

EnforcementE+W

3.—(1) Except where otherwise expressly provided, these Regulations must be enforced by the local authority.

(2) The National Assembly may direct, in relation to cases of a particular description, or a particular case, that it, and not the local authority, is to discharge any duty imposed on a local authority under paragraph(1).

PART 2 E+WIntra-Community Trade

Application of Part 2E+W

4.  This Part applies to trade between member States in live animals and animal products that are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC.

ExportsE+W

5.—(1) A person must not export or consign for export to another member State any animal or animal product controlled under one or more of the instruments (“listed instruments”) in Part I of Schedule 3 unless—

(a)it complies with the relevant provisions of the listed instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;

(b)when required by a listed instrument, it is accompanied by—

(i)an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or

(ii)any other document required by the instrument;

(c)when required by a listed instrument, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the instrument; and

(d)if the animal is acquired through or transits an assembly centre, that centre is an approved assembly centre.

(2) If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation the inspector may by notice served on the consignor, the consignor's representative or the person appearing to the inspector to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.

(3) In the event of a notice served under paragraph (2) not being complied with, an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

(4) A person must not export to another member State any animal to which the provisions of Article 6, 7, 9 or 10 of Council Directive 92/65/EEC apply unless the animal originates from—

(a)a holding that has been registered with the National Assembly and the owner or person in charge of that holding has given to the National Assembly undertakings in accordance with Article 4 of Council Directive 92/65/EEC; or

(b)a body, institute or centre that has been approved by the National Assembly in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC.

(5) A person must not export to another member State any hatching eggs, day-old chicks or poultry to which Article 6 of Council Directive 90/539/EEC, applies unless they originate from an establishment that—

(a)is a member of the monitoring scheme, known as the Poultry Health Scheme, operated by the National Assembly in accordance with Schedule 4 to these Regulations; and

(b)conforms with the requirements of Annex II to Council Directive 90/539/EEC.

(6) An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(1)(a) of Council Directive 90/539/EEC.

[F14(7) For the purposes of Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States the Welsh Ministers are the competent authority, and may charge such fee as they consider will enable them to meet the expenses incurred by them when registering a circus or animal act under Article 4 of that Regulation.

(8) Such fee must be paid by the applicant for registration and will be due after submission of the application upon the written demand of the Welsh Ministers.

(9) A demand under paragraph (8) may be addressed to the applicant concerned at his or her last known address, whether or not it is his or her address for business.

(10) No operator may contravene Article 8(3) of Commission Regulation (EC) No. 1739/2005 (obliging operators of circuses, and animal acts to which the Regulation applies, to retain for at least five years the information in their registers of animals and of venues).

(11) In paragraph (10), “operator” means a circus operator within the meaning of Commission Regulation (EC) No. 1739/2005, or the operator of an animal act in so far as that Regulation applies to him or her.]

Textual Amendments

ImportsE+W

6.—(1) A person must not import from another member State (either for entry into the UK or by way of transit to another member State) any animal or animal product subject to an instrument in Part I of Schedule 3 unless it complies with the relevant provisions of that instrument (subject to any derogations specified in that Part) and with any additional requirements specified in that Part.

(2) Where an animal subject to an instrument in Part I of Schedule 3 is imported from another member State (either for entry into the UK or by way of transit to another member State), the importer, and the person in charge of the animal, if different, must comply with all the relevant provisions of that instrument until it arrives at its place of destination or leaves Wales, as the case may be.

(3) Where cattle, pigs, sheep or goats are imported from another member State for slaughter in Wales and are taken to an approved assembly centre (“the centre”), the importer must ensure that they are removed from the centre directly to a slaughterhouse and slaughtered there, in the case of sheep and goats within 5 days of their arrival at the centre, and in the case of cattle and pigs within 3 days of their arrival at the centre.

(4) Where an animal to which paragraph (3) relates is not slaughtered within the specified period, an inspector may, by notice served on the person appearing to the inspector to be in charge of the animal, require the animal to be slaughtered as may be specified in the notice.

(5) Where an animal is imported from another member State for slaughter, other than an animal taken to an approved assembly centre, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may, by notice served on the person appearing to the inspector to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.

(6) If a notice served under either paragraph (4) or (5) is not complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.

Transport of animals and animal productsE+W

7.—(1) A person must not transport any animal or animal product in intra-Community trade unless it is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC.

(2) A person must not deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on that person by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to the inspector to be in charge of the animal or animal product requiring that person to transport it, at that person's expense, to the address specified in the required consignment documentation.

(3) In the event of a notice served under paragraph (2) not being complied with an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

(4) In the case of the transport of cattle, pigs, sheep or goats, the provisions of Part II of Schedule 3 have effect, and any failure to comply with those provisions may lead to the amendment, suspension or revocation of an authorisation to transport those animals granted under article 12 of the Welfare of Animals (Transport) Order 1997 M18 in accordance with Schedule 9 to that Order.

Marginal Citations

M18S.I. 1997/1480, to which there are amendments not relevant to these Regulations.

DealersE+W

8.—(1) Dealers in cattle, pigs, sheep or goats, engaging in intra-Community trade must comply with Part III of Schedule 3.

(2) Dealers in other animals engaging in intra-Community trade, if required to do so by a notice served by the National Assembly, must register as such with the National Assembly and must give such undertakings as to compliance with these Regulations as specified in the notice.

(3) The National Assembly is to keep a register of dealers registered under paragraph (2).

(4) Any person who has registered under paragraph (2) must keep a record of—

(a)all deliveries of animals; and

(b)where a consignment is divided up or subsequently marketed, the subsequent destination of the animals,

and must keep such records for 12 months from the arrival of the consignment.

Approval of centres and teams for the purposes of Council Directive 92/65/EEC and of laboratories for the purposes of Council Directive 90/539/EECE+W

9.—(1) For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC, the National Assembly must approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.

(2) The National Assembly will suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.

(3) For the purposes of Article 11 of Council Directive 92/65/EEC, the National Assembly must approve any semen collection centre or embryo collection team which has applied to the National Assembly for approval in accordance with Article 11 of that Directive and which 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.

(4) The National Assembly will approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma [F15and Salmonella] infections required under Chapter III of Annex II to Council Directive 90/539/EEC.

F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Inspection and checking at destinationE+W

10.—(1) A veterinary inspector has the power to inspect, at their place of destination, all animals and animal products imported into Wales from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the instruments in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.

(2) An inspector has the power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if the inspector has information leading him or her to suspect an infringement of the instruments in Part I of Schedule 3 or of any additional requirements specified in Part I of Schedule 3.

Duties on consigneesE+W

11.—(1) A person must not accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.

(2) A consignee must retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.

(3) The authorised inspector referred to in paragraph (1) is the inspector authorised by the National Assembly to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.

Assembly centres and slaughterhousesE+W

12.—(1) Any person operating an assembly centre must do so in accordance with this regulation.

(2) The assembly centre is to be approved by the National Assembly and given a number, and approval may only be given if the National Assembly is satisfied that—

(a)in the case of an assembly centre used for cattle or pigs, the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC;

(b)in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Council Directive 91/68/EEC; and

(c)the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.

(3) The operator of an assembly centre may admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.

(4) Where animals are consigned to an assembly centre, the operator of the assembly centre must—

(a)ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC; and

(b)record on a register—

(i)the name of the owner, the origin, date of entry and exit, number of the animals, and their proposed destination;

(ii)the registration number of the transporter and the licence number of the vehicle delivering or collecting animals from the centre;

(iii)in the case of cattle, the identification of the animals or the registration number of the holding of origin as well as the information in paragraphs (i) and (ii);

(iv)in the case of pigs, the registration number of the holding of origin or of the herd of origin as well as the information in paragraphs (i) and (ii); and

(v)in the case of sheep or goats, the identification of the animals, or the registration number of the holding of origin of the animals, and, where applicable, the approval or registration number of any assembly centre through which the animals have passed prior to entering the centre as well as the information in paragraphs (i) and (ii),

and must preserve each such record in the register for a minimum of three years.

(5) Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon qualified in accordance with Regulation (EC) No. 854/2004 to act in such a capacity and appointed as such by the Food Standards Agency (in this paragraph and paragraph (6) “the official veterinary surgeon”), the official veterinary surgeon must ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC.

(6) If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he or she must forthwith notify a veterinary inspector authorised by the National Assembly to receive that notification, who must examine the animals and must either—

(a)certify that they are fit to be slaughtered and used for their intended purpose; or

(b)by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.

(7) Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to that person from another member State, or divides up batches of such animals for distribution or marketing—

(a)must check, before any animal is marketed or any batch is divided up, that all the animals comply with the relevant provisions of an instrument in Part I of Schedule 3, with respect to identification marks and required consignment documentation;

(b)must immediately notify any irregularity or anomaly to a veterinary inspector authorised by the National Assembly to receive such notification; and

(c)if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC, must isolate the animals in question until a veterinary inspector authorised by the National Assembly to do so has authorised their release in writing.

Illegal consignmentsE+W

13.—(1) If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 6 or of a zoonosis or any other disease or cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, the veterinary inspector may serve a notice in accordance with paragraph (2) on the person appearing to the veterinary inspector to be in charge of those animals or products.

(2) The notice must require that person—

(a)immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be specified in the notice for the purpose of preventing the introduction or spreading of disease into or within Wales; or

(b)without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice.

(3) Subject to the provisions of paragraph (4) if an inspector knows or suspects that animals or animal products do not comply with the provisions of Article 3 of Council Directive 90/425/EEC, the inspector may, if animal health and welfare considerations so permit, give the consignor or the consignor's representative or the person appearing to the inspector to be in charge of those animals or products by way of notice the choice of—

(a)where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 M19, maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring him or her to take whatever action is specified in that legislation;

(b)slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or

(c)returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.

(4) If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector must not serve a notice under paragraph (3) unless—

(a)the inspector has given the consignor, the consignor's representative or the person appearing to the inspector to be in charge of those animals or products a notice requiring him or her to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice; and

(b)the required consignment documentation has not been produced within that time.

(5) In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.

Marginal Citations

PART 3 E+W[F17Third Country Imports]

Textual Amendments

Application of Part 3E+W

14.  This Part applies in respect of animals imported into Wales—

(a)from anywhere other than a member State, and

(b)from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.

Official veterinariansE+W

15.  The National Assembly may from time to time designate such veterinary inspectors to act as official veterinarians as are necessary for the purposes of this Part and may revoke such designation at any time.

ImportationE+W

16.—(1) A person must not import any animal—

(a)either for entry into the UK or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or

(b)for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the National Assembly and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.

(2) A person must not import any animal to which an instrument in Part I of Schedule 7 applies unless, subject to paragraph (4) in relation to the import of captive birds, that animal is imported from a country or territory which is specified under an instrument in Part I of Schedule 7.

(3) A person must not import any animal to which an instrument in Part II of Schedule 7 applies unless, subject to paragraph (4) in relation to the import of captive birds, it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.

[F18(4) No person may import a captive bird unless it is from an approved breeding establishment as defined in Article 3(b) of Commission Regulation (EC) No. 318/2007.]

(5) Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to the inspector to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.

(6) In the event of a notice served under paragraph (5) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.

(7) The person in charge of an animal that has been imported for immediate re-export, either directly or indirectly, outside the European Community must comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004.

Textual Amendments

Places of importE+W

17.—(1) A person must not import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M20 may also be imported at places permitted under that Order.

(2) If animals are imported at any place other than a place permitted under paragraph 17, an inspector may by notice require the person appearing to the inspector to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation will have effect.

(3) Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to the veterinary inspector to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.

(4) In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.

Marginal Citations

M20S.I. 1974/2211; relevant amending instruments are S.I. 1977/361, 1984/1182, 1986/2062, 1999/3443 and 2004/2364.

Import procedureE+W

18.—(1) A person must not import any animal unless he or she has given notice of his or her intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004.

(2) On importation, the importer or the importer's agent must convey the animal, under the supervision of the enforcement authority, directly to the examination area of the border inspection post or, where the instruments in Schedule 7 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10(1) of Council Directive 91/496/EEC.

[F19(3) In relation to a captive bird, the importer or his or her agent must at the expense of the importer ensure that—

(a)the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine centre or approved quarantine facility in accordance with Article 7 of Commission Regulation (EC) No. 318/2007 (which provides for the direct transport of birds to approved quarantine facilities or centres); and

(b)the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Article 11(1) of Commission Regulation (EC) No. 318/2007 (which requires birds to be quarantined for at least 30 days).]

(4) Without prejudice to regulation 19(7), a person must not remove any animal from a border inspection post or a quarantine centre unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.

(5) A person must not remove any animal from Customs temporary storage arrangements—

(a)unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Her Majesty's Customs and Excise and the removal has been authorised by that officer;

(b)to any place other than the place of destination specified in the common veterinary entry document, unless he or she has been required to remove it to another place by means of a notice served on him or her by an inspector.

(6) Subject to paragraphs (2) to (5), the person in charge of an animal imported from a third country must ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004.

(7) Where a check at a border inspection post involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may, by notice served on the owner or the person appearing to the official veterinarian to be in charge of an animal, permit the owner or person so served to move the animal from the border inspection post, and require that owner or person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 22 apply as they apply at a border inspection post.

(8) In the event of a notice served under paragraph (5)(b) or (7) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

Textual Amendments

[F20Quarantine for captive birdsE+W

19.—(1) No person may operate a quarantine centre or quarantine facility for the quarantine of captive birds pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007 unless the quarantine centre or quarantine facility has been approved by the Welsh Ministers.

(2) Schedule 8 (quarantine of captive birds) has effect.

(3) A quarantine manager must—

(a)ensure that the quarantine centre or quarantine facility is maintained and operated in accordance with—

(i)the minimum conditions in Chapter 1 of Annex IV to Commission Regulation (EC) No. 318/2007 (requirements as to construction and equipment);

(ii)paragraph (1)(a) and (c) of Chapter 2 of that Annex (management requirements); and

(iii)any other conditions attached to an approval granted under this regulation;

(b)provide such information to the Welsh Ministers as they may request to enable them to comply with Article 17(2) of Commission Regulation (EC) No. 318/2007 (requiring annual reports from member States to the European Commission as to the number of imported birds, mortality rates and confirmed cases of disease);

(c)provide such assistance to any veterinary inspector carrying out the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 as that veterinary inspector may reasonably require.

(4) In relation to any consignment of captive birds placed in quarantine pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007, the quarantine manager must—

(a)ensure compliance with the following Articles of that Commission Regulation—

(i)10(1)(b) (requiring notification of the arrival of a consignment at the quarantine centre or quarantine facility);

(ii)11(1);

(iii)12(2) and (3) (imposing requirements in relation to the use of sentinel birds); and

(iv)15 (requiring action where Chlamydophyla psittaci is suspected);

(b)ensure there is surveillance of the captive birds during their quarantine which is adequate for the purposes of the Regulation, and consult with and seek the supervision of a veterinary inspector in respect of any analyses or treatments required under the Regulation;

(c)ensure compliance with the management requirements in paragraphs 2 to 10, and 12 to 15 of Chapter 2 of Annex IV to the Regulation;

(d)where any captive bird or sentinel bird dies during quarantine, make its carcase available to the veterinary inspector for examination in the official laboratory.

(5) No person may—

(a)contravene any requirement in paragraphs 4 to 6 of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007;

(b)in relation to a captive bird or a sentinel bird which dies during quarantine, remove or dispose of its carcase during the quarantine of captive birds, unless he or she is authorised to do so by a veterinary inspector;

(c)release captive birds in breach of Article 16 of Commission Regulation (EC) No. 318/2007 (requiring written authorisation by the official veterinarian for the release of birds from quarantine).

(6) A person is unauthorised for the purpose of paragraph 4 of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007 (which prohibits unauthorised persons from entering quarantine centres and quarantine facilities), unless, in relation to a quarantine centre or quarantine facility—

(a)he or she is the quarantine manager;

(b)he or she is a member of staff who enters with the authority of the quarantine manager;

(c)he or she has been authorised to enter by the Welsh Ministers or by a veterinary inspector; or

(d)he or she otherwise enters in fulfilment of a statutory function in relation to animal health, animal welfare or species conservation which he or she is appointed by the Welsh Ministers or by the local authority to perform.

(7) In so far as not provided for under regulation 30, a veterinary inspector may, in relation to the quarantine of captive birds,—

(a)enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation, or to assess whether it is appropriate to grant such an approval;

(b)inspect and arrange for copies to be taken of any documents or records (including those in electronic form) which he or she reasonably considers relevant for checking compliance as described in sub-paragraph (a); and

(c)take samples and carry out official veterinary supervision.

(8) A veterinary inspector exercising powers under this regulation must produce, if required to do so, some duly authenticated document showing his or her authority to exercise those powers.

(9) For the purposes of sampling and testing required under or in connection with Commission Regulation (EC) No. 318/2007, the Veterinary Laboratories Agency (an executive agency of Defra) is the official laboratory.

(10) In this regulation and Schedule 8—

(a)“official veterinary supervision” means the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 in relation to a consignment of captive birds to which Article 11(1) of that Commission Regulation applies;

(b)“quarantine manager” means the person in charge of a quarantine centre or quarantine facility for which approval is required pursuant to Article 11 of Commission Regulation (EC) No. 318/2007;

(c)references to sampling and the taking of samples are to the taking of samples required under that Commission Regulation, or which are taken for purposes of reaching a suspected or confirmed diagnosis of Chlamydophyla psittaci.]

Textual Amendments

Payment of feesE+W

20.  The official veterinarian must not authorise the release of animals from a quarantine centre or border inspection post unless he or she is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.

Consignments constituting a danger to healthE+W

21.—(1) Subject to paragraph (2), where checks at a quarantine centre, quarantine facility or border inspection post or the test results referred to in regulation 18(7) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian must immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action are payable by the importer or the importer's representative.

[F21(2) A veterinary inspector —

(a)must take or require to be taken, the action required under Article 13(1) and (2) of Commission Regulation (EC) No. 318/2007 in relation to avian influenza or Newcastle disease suspected at a quarantine centre or quarantine facility where captive birds are quarantined, imposing such restrictions as are required by that Article;

(b)must, where the Welsh Ministers grant a derogation provided for in Article 14 of that Commission Regulation (relating to findings of low pathogenic avian influenza or Newcastle disease), take or require to be taken such further measures and impose such restrictions as are required under Article 14;

(c)who requires action to be taken by, or imposes restrictions upon, a quarantine manager or other person under this paragraph, must do so by serving notice specifying the action or restrictions to be taken or observed.

(3) In the event of non-compliance by a quarantine manager with Article 15 of Commission Regulation (EC) No. 318/2007 (requiring treatment of birds suspected of infection with Chlamydophyla psittaci), a veterinary inspector may treat the captive birds concerned, or cause them to be treated, as required by Article 15, and must serve notice extending the period of quarantine required under Commission Regulation (EC) No. 318/2007.]

(4) A veterinary inspector serving a notice under paragraphs (2) and (3) must serve it upon the quarantine manager or other person appearing to be in charge of the centre or facility at the time of service; and must as soon as practically possible send a copy by way of information to the importer of the birds concerned.

Textual Amendments

Illegal consignmentsE+W

22.—(1) Where checks at the quarantine centre, quarantine facility or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC M21, as amended by Council Directive 95/29/EC M22, a veterinary inspector must, by notice served on the person appearing to the veterinary inspector to be in charge of those animals, require that person to—

(a)shelter, feed and water and, if necessary, treat the animals;

(b)place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Wales; or

(c)re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.

(2) Before exercising any of the powers in paragraph 22 the veterinary inspector must consult the importer or the importer's representative.

(3) If the animals are re-despatched in accordance with sub-paragraph (1)(c), the official veterinarian must cancel the veterinary certificate accompanying the rejected consignment and complete the box 'details of re-consignment' in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.

(4) If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, the veterinary inspector must serve a notice on the person appearing to him or her to be in charge of the animals in accordance with the following paragraph.

(5) A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, must either—

(a)order the slaughter of the animals for purposes other than human consumption, or

(b)order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.

(6) In the event of a notice served under paragraph (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

(7) The importer or the importer's representative are liable for the costs incurred in measures under this regulation, but are entitled, after deduction of costs, to the proceeds of any sale.

Marginal Citations

M21OJ No. L340, 11.2.91, p.17.

M22OJ No. L148, 30.6.95, p. 52.

Arrival at the place of destinationE+W

23.—(1) On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, must be detained at the premises by the person having control of those premises for at least 30 days and that person must not release them until authorised in writing by an authorised officer of the National Assembly.

(2) Paragraph (1) does not apply in the case of animals being dispatched directly to a slaughterhouse.

(3) Animals of species to which paragraph (1) does not apply that are for breeding or production must be detained at the place of destination by the person having control of those premises, and that person must not release them unless authorised in writing by an authorised officer of the National Assembly.

Post-import controlsE+W

24.—(1) Where a veterinary inspector knows or suspects that import conditions (including requirements for the quarantine of imported animals) have not been complied with or there is doubt as to the identity of an animal, the veterinary inspector may carry out any veterinary checks on that animal that he or she deems appropriate.

(2) If the checks confirm that import conditions were not complied with, then the provisions of regulation 22 apply as the provisions apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.

PART 4 E+WImports Where Checks Have Been Carried Out in Another Member State

Application of Part 4E+W

25.  This Part applies in respect of animals imported into Wales and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.

ImportsE+W

26.  A person must not import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004.

Import procedureE+W

27.  The provisions of regulations 7 to 13, 16(2) and (3), 23 and 24 of these Regulations apply in relation to animals to which this Part applies.

[F22PART 4AE+WThird Country Exports

Textual Amendments

Application of Part 4AE+W

27A.  This Part applies in respect of any animal, semen, ovum or embryo exported other than to a member State.

Exports to third countriesE+W

27B.—(1) A person must not export any animal, semen, ovum or embryo to a third country unless it complies with the relevant provisions of the instrument listed in Schedule 8A.

(2) If an inspector has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation he or she may by notice served on that person, his or her representative or the person appearing to him or her 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, semen, ovum or embryo to which it relates and arrange for the requirements of the notice to be complied with.]

PART 5 E+WGeneral

Outbreaks of disease in other statesE+W

28.—(1) This regulation applies where the National Assembly learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC, or through any other means, the presence in any other state of a disease referred to in Schedule 6, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.

(2) In the circumstances described in paragraph 1, the National Assembly may, for the purpose of preventing the introduction or spreading of disease into or within Wales, by declaration suspend, or impose conditions upon, the entry into Wales of any animal or animal product from the whole or any part of that state.

(3) Such a declaration is to be published in such manner as the National Assembly thinks fit.

(4) Where a declaration is in force suspending the entry of any animal or animal product, a person must not bring that animal or animal product into Wales if it is dispatched from, or originates from, the state or part thereof specified in the declaration.

(5) Where a declaration is in force imposing conditions on the entry into Wales of any animal or animal product, a person must not bring that animal or animal product into Wales if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration.

Notification of decisionsE+W

29.  If the consignor or the consignor's representative, or the importer or the importer's representative, so requests, any decision taken refusing entry or varying the conditions of entry must be forwarded to him or her in writing by the person taking the decision, giving the reasons for the decision and the details of his or her right of appeal against the decision, including the relevant time limits.

Powers of inspectorsE+W

30.—(1) Subject to regulation 10, an inspector, on producing, if required to do so, some duly authenticated document showing the inspector's authority, has the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, road or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.

(2) An inspector has the powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC, and in particular may—

(a)carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

(b)carry out checks on whether staff are complying with the requirements of the instruments in Part I of Schedule 3 relating to animal products;

(c)take samples (and, if necessary, send the samples for laboratory testing) from—

(i)animals held with a view to being sold, put on the market or transported;

(ii)products held with a view to being stored or sold, put on the market or transported;

(iii)animals or animal products being transported in the course of intra-Community trade;

(iv)animals at a border inspection post in the case of third country imports; or

(v)animals or animal products at the place of destination in the case of an import from another member State;

(d)examine documentary or data processing material relevant to the checks carried out under these Regulations; and

(e)take with him or her a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC.

[F23Recovery of expenses and determination of chargesE+W

31.—(1) The consignor, his or her representative and the person in charge of any animal or animal product are jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to that animal or animal product.

(2) In relation to any activity undertaken by an inspector for which a charge may be made at the inspector rate—

(a)the Welsh Ministers will determine a rate which represents the reasonable costs and expenses incurred in employing an inspector to undertake that activity during any given unit of time;

(b)the Welsh Ministers will publish the current inspector rate on the Welsh Assembly Government website;

(c)time charged at the inspector rate must be charged in units of no more than half an hour.]

Textual Amendments

ObstructionE+W

32.  A person must not—

(a)intentionally obstruct any person acting in the execution of these Regulations;

(b)without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him or her for the purposes of his or her functions under these Regulations; or

(c)furnish to any person acting in the execution of these Regulations any information which he or she knows to be false or misleading.

Offences by bodies corporateE+W

33.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)any director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he or she, as well as the body corporate, is guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph 33, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

PenaltiesE+W

34.—(1) A person contravening any provision of these Regulations, other than those listed in paragraph (2), or any notice served under them is guilty of an offence.

[F24(2) The provisions referred to in paragraph (1) are those contained in—

(a)regulation 5(8);

(b)paragraph 6 of Part I of Schedule 4;

(c)paragraphs 2 and 7 of Part I of Schedule 5;

(d)paragraphs 7(7), 8(5) and 9(3) of Part II of Schedule 8.]

(3) A person guilty of an offence under regulation 32(a) or (b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(4) A person guilty of any other offence under these Regulations is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Textual Amendments

[F25Disapplication of provisionsE+W

35.  To the extent specified in column 3 of the table in Schedule 9, F26... the provisions of the legislation listed in Schedule 9 does not apply to—

(a)imports from another member State of animals and animal products to which an instrument in Part 1 of Schedule 3 applies; or

(b)imports of an animal to which an instrument in Schedule 7 applies from a country subject to that instrument.]

Textual Amendments

RevocationE+W

36.  The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 M23 are revoked.

Marginal Citations

M24Signed on behalf of the National Assembly under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations