The Trade in Animals and Related Products (Wales) Regulations 2011

Welsh Statutory Instruments

2011 No. 2379 (W.252)

ANIMALS, WALES

The Trade in Animals and Related Products (Wales) Regulations 2011

Made

28 September 2011

Laid before the National Assembly for Wales

28 September 2011

Coming into force

19 October 2011

The Welsh Ministers are designated M1 for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in that section and it appears to the Welsh Ministers that it is expedient for the references to the European instruments in Schedule 1 to these Regulations to be construed as references to those instruments as amended from time to time.

In accordance with section 56(1) of the Finance Act 1973 M3 , the Treasury consent to the making of these Regulations.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Marginal Citations

M1 S.I. 2010/2690.

M2 1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

M3 1973 c. 51 The Welsh Ministers may exercise this power by virtue of section 59(5) of the Government of Wales Act 2006 (c. 32).

PART 1 E+W Introduction

Title, application and commencement E+W

1.  The title of these Regulations is the Trade in Animals and Related Products (Wales) Regulations 2011. They apply in relation to Wales and come into force on 19 October 2011.

Interpretation E+W

2.—(1) In these Regulations—

“animal” (“anifail”) means an animal of any kind, including a bird, fish or invertebrate;

“enforcement authority” (“awdurdod gorfodi”) has the meaning given in regulation 31;

[F1 “genetic material” (“deunydd genetig”) means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;]

[F2 “health certificate” (“tystysgrif iechyd”) in these Regulations includes the equivalent of a health certificate in electronic form;]

[F2 “importer” (“mewnforiwr”) means the natural or legal person who presents animals or products for importation from outside the United Kingdom;]

[F2 “intensified official controls” (“rheolaethau swyddogol dwysach”) means those controls carried out in accordance with Article 65(4) of the EU Regulation;]

“local authority” (“awdurdod lleol”) means in relation to an area, the county or county borough council for that area;

[F2 “official controls” (“rheolaethau swyddogol”) means activities performed in accordance with Article 2(1) of the EU Regulation;]

“port health authority” (“awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

[F2 “premises” (“mangre”) includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;]

[F3 “product” (“cynnyrch”) means—

(a)

any product of animal origin, germinal product, animal by-product, derived product or hay or straw subject to official controls at border control posts, and

(b)

any composite product listed in Commission Decision 2007/275 M4 concerning lists of animals and products to be subject to official controls at border inspection posts;]

(2) All references in Schedule 1 to European Union instruments are references to those instruments as amended from time to time.

[F4 (3) In these Regulations,—

(a) “the EU Regulation” (“Rheoliad yr UE”) is a reference to Regulation (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 M5 ;

(b) “Regulation (EU) No. 2016/1012” (“Rheoliad (EU) Rhif 2016/1012”) is a reference to Regulation (EU) No. 2016/1012 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 M6 ;

(c) any reference to a “border inspection post” (“arolygfa ffin”) is to be read as a reference to a “border control post” (“safle rheoli ar y ffin”) as defined in regulation 11; and

(d) any reference to a “CVED” (“DMMG”) is to be read as a reference to a “CHED” (“DMIG”) as defined in regulation 10.]

Textual Amendments

F1 Words in reg. 2(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(2)(a)(i)

F2 Words in reg. 2(1) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(2)(a)(iii)

F3 Words in reg. 2(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(2)(a)(ii)

F4 Reg. 2(3) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(2)(b)

Marginal Citations

M4 OJ No. L 76, 16.3.2007, p. 12.

M5 OJ No. L 95, 7.4.2017, p. 1, as amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.5.2019, p. 4).

M6 OJ No. L 171, 29.6.2016, p. 66.

[F5 Exception for pet animals E+W

3.— (1) These Regulations do not apply in relation to pet animals where—

(a) the movement is a non-commercial movement, and

(b) in the case of cats, dogs and ferrets—

(i) the pet animal is accompanying the owner or authorised person, or

(ii) where more than five pet animals are accompanying the owner or authorised person, the conditions set out in Article 5(2) of the Pets Regulation are fulfilled.

(2) In this regulation—

“accompanying” (“mynd gyda”) has the same meaning as in the Pets Regulation;

“authorised person” (“person awdurdodedig”), “non-commercial movement” (“symud anfasnachol”) and “owner” (“perchennog”) have the meanings given by Article 3 of the Pets Regulation;

“pet animal” (“anifail anwes”) has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases M7 ;

“the Pets Regulation” (“y Rheoliad Anifeiliaid Anwes”) means Regulation (EU) No. 576/2013 M8 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No. 998/2003.]

Textual Amendments

F5 Reg. 3 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(3)

Marginal Citations

M7 OJ No. L 84, 31.3.2016, p. 1.

M8 OJ No. L 17, 28.6.2013, p. 1.

International agreements E+W

4.  Trade with [F6 the Faroe Islands, Greenland,] Iceland, Liechtenstein, Norway and Switzerland under any agreement between those countries and the European Union is treated as trade between member States for the purposes of these Regulations.

Textual Amendments

F6 Words in reg. 4 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(4)

PART 2 E+W Movement between member States

[F7 Movement of animals or genetic material to or from member States] E+W

5.— [F8 (1) No animal or genetic material may be sent to or brought from a member State unless it is accompanied by an original health certificate.

(1A) No animal product may be sent to or brought from a member State unless it is accompanied by a relevant document.]

(2) The consignee of an incoming consignment must keep the certificate for at least three years.

Textual Amendments

F7 Reg. 5 heading substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(5)(a)

F8 Reg. 5(1)(1A) substituted for reg. 5(1) (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(5)(b)

Preparation of a health certificate E+W

6.—(1) In order to prepare a health certificate for the consignment of an animal [F9 , animal product or genetic material to a] member State, the person intending to despatch the consignment must apply to the Welsh Ministers for a uniquely numbered certificate.

(2) The certificate must then be completed by a person authorised to do so by the Welsh Ministers, in accordance with the instructions sent by the Welsh Ministers with the certificate.

(3) The person completing the certificate must ensure that the conditions specified in the certificate are fulfilled and that all necessary examinations have been carried out.

(4) If everything is in order the person must sign the certificate.

(5) No person may sign a certificate unless authorised by the Welsh Ministers.

(6) No person may sign a certificate knowing it to be false, or not believing it to be true.

Textual Amendments

F9 Words in reg. 6(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(6)

[F10 Notification of movement of animals and genetic material to and from member States] E+W

7.—(1) No animal or genetic material may be consigned to [F11 a] member State unless the consignor has notified the competent authority of the member State of destination, at least [F12 one working day before the expected arrival of the consignment].

(2) No animal or genetic material (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC) may be brought into Wales from [F13 a] member State unless the person bringing in the consignment has notified the Welsh Ministers, at least 24 hours in advance of the intended arrival of consignment M9 .

Textual Amendments

F10 Reg. 7 heading substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(7)(a)

F11 Word in reg. 7(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(7)(b)(i)

F12 Words in reg. 7(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(7)(b)(ii)

F13 Word in reg. 7(2) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(7)(c)

Marginal Citations

M9 OJ No. L 224, 18.8.1990, p. 55 as last amended by Council Directive 2008/73/EC (OJ No. 219, 14.8.2008, p. 40).

Additional requirements in specific cases E+W

8.  Part 1 of Schedule 2 makes additional requirements for specific cases.

PART 3 E+W Importation from a third country

Scope of this Part E+W

9.  This Part applies in relation to the importation into Wales from a country outside the European Union of any animal or product [F14 subject to official controls at border control posts].

Textual Amendments

F14 Words in reg. 9 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(8)

[F15 Meaning and use of Common Health Entry Document “CHED” E+W

10.— (1) A “Common Health Entry Document” (“CHED”) (“Dogfen Mynediad Iechyd Gyffredin” (“DMIG”)) means a document, or an electronic equivalent, in the format specified in Commission Implementing Regulation (EU) (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components M10 .

(2) Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant parts of the document prior to the physical arrival of the consignment.

(3) The cases where and conditions under which the use of a CHED is required are specified in Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination M11 .

(4) Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the EU Regulation.

(5) An electronic equivalent refers to a CHED capable of being produced at any time by the person responsible for the consignment.]

Textual Amendments

F15 Reg. 10 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(9)

Marginal Citations

M10 OJ No. L 261, 14.10.2019, p. 37.

M11 OJ No. L 250, 30.7.2019, p. 6.

[F16 Border control posts E+W

11.— (1) A border control post is a place, together with the facilities contained at that place, that has been designated by the Welsh Ministers in accordance with Article 59 of the EU Regulation and listed by the European Commission in accordance with Article 60 of the EU Regulation for the performance of the official controls set out in Article 47(1) of the EU Regulation.

(2) If at any time the relevant authority is of the opinion that any part of the inspection facilities at the border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the EU Regulation, serve a notice on the operator—

(a) specifying the breach;

(b) providing a time limit within which the conditions must be complied with; and

(c) prohibiting the use of that part of the facilities until the conditions of the approval are complied with.

(3) If the notice is not complied with, the Welsh Ministers may suspend the approval in relation to that part of the inspection facilities.

(4) If the operator of a border control post is determined by the relevant authority to be in serious breach relating to the performance requirements of official controls for any of the categories of animal or product for which it has been designated, or the conditions of the approval, or if the operation of the border control post creates a risk to human or animal health or animal welfare, the Welsh Ministers must suspend the approval of the border control post and order its activities to cease for all, or specified, categories of animal or product, and must inform the Commission of the suspension and the reason.

(5) In paragraph (2), “the relevant authority” (“yr awdurdod perthnasol”) means—

(a) in relation to animals, the Welsh Ministers; or

(b) in relation to products, the local authority.]

Textual Amendments

F16 Reg. 11 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(10)

Appointment of official veterinary surgeons and official fish inspectors E+W

12.—(1) The Welsh Ministers must appoint suitably trained veterinary surgeons to be official veterinary surgeons for any border inspection post authorised to import animals.

(2) The local authority for an area with a border inspection post authorised to import products must appoint suitably trained veterinary surgeons to be official veterinary surgeons for that post.

(3) The appointment under paragraph (2) may be made by the Welsh Ministers rather than the local authority if the approval for the border inspection post only permits the importation of animal by-products.

[F17 (4) If the approval for the border control post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods intended for human consumption, the local authority may appoint suitably trained environmental health officers or other persons who are appropriately trained to perform official controls or certain tasks related to other official activities, to be official fish inspectors for that post in relation to such products, and any such official fish inspector has all the powers of an official veterinary surgeon in relation to those products.]

Textual Amendments

F17 Reg. 12(4) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(11)

Place of importation E+W

13.  No animal or product may be brought into Wales other than at a border inspection post designated for that animal or product.

Notification of importation E+W

14.— [F18 (1) The person responsible for a consignment of animals or products must notify the border control post of destination of the expected date of its arrival at the border control post at least one working day before it is due to arrive; but where the person can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.]

F19 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The notification must be made by submitting the CVED with Part I completed.

[F20 (4) In the case of a transhipment of products from one border control post to another, the person responsible for the consignment must notify the official veterinary surgeon at the border control post of destination of—

(a) the estimated time of arrival;

(b) the border control post at which the transhipment will be checked;

(c) the identification and location of the consignment; and

(d) the estimated time of departure.]

Textual Amendments

F18 Reg. 14(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(12)(a)

F19 Reg. 14(2) omitted (31.1.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(12)(b)

F20 Reg. 14(4) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(12)(c)

Procedure on importation E+W

[F21 15.— (1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the documentation specified for that consignment in the relevant legislation listed in Schedule 1, to be presented at the border control post inspection facilities to enable official controls in accordance with—

(a) Chapter 5 of the EU Regulation, together with relevant implementing and delegated acts; and

(b) the checks required by Article 37(1) of Regulation (EU) 2016/1012.

(2) Any operator responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

(3) The competent authority must carry out all necessary official controls specified in paragraph (1) and may only issue a CHED permitting entry if—

(a) the consignment complies with the requirements relating to it in the relevant instrument listed in Schedule 1;

(b) the importation is not prohibited under paragraph (4); and

(c) the correct fee for the checks has been or will be paid.

(4) In the case of live animals, the official veterinary surgeon must not issue a CHED permitting entry if—

(a) the animals are from a territory or part of a territory of a third country not included in the lists drawn up in accordance with legislation of the European Union for the species concerned, or from which imports are prohibited under that legislation;

(b) the animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;

(c) the exporting third country has not complied with the requirements provided for in legislation of the European Union;

(d) the animals are not in a fit state to continue their journey; or

(e) the veterinary certificate or document accompanying the animals does not meet the requirements of legislation of the European Union relating to importation.

(5) If there are no legislative requirements relating to the consignment, the official veterinary surgeon must not issue a CHED unless the importation has been authorised in writing under this paragraph by—

(a) the Food Standards Agency for any product for which only public health requirements apply; or

(b) the Welsh Ministers for any other product.

(6) An authorisation under paragraph (5)(a) may only be granted if the Agency is satisfied that the consignment does not pose a risk to human health.

(7) An authorisation under paragraph (5)(b) may only be granted if the Welsh Ministers are satisfied that the consignment does not pose a risk to the animal health status of the United Kingdom.

(8) The official veterinary surgeon must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.]

Textual Amendments

F21 Reg. 15 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(13)

[F22 Removal from the border control post E+W

16.— (1) No person may remove a consignment from the border control post unless it is accompanied by a CHED issued by the official veterinary surgeon, or the official fish inspector (as appropriate) in the case of a consignment of fish, and the movement is in accordance with that document.

(2) The person transporting it from the border control post must ensure that the document accompanies the consignment and must transport it directly to the destination specified therein.

(3) These requirements do not apply if the consignment is removed from the border control post under the authority of the relevant official veterinary surgeon or fish inspector (as appropriate).

(4) In the case of live animals, the person responsible for the transport to the final destination must be in possession of the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations M12 inside the vehicle.

(5) In this regulation, requirements for a consignment to be “accompanied by a CHED”, in relation to a CHED in electronic form, refer to the CHED being capable of being produced at any time by the person responsible for the consignment.]

Textual Amendments

F22 Reg. 16 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(14)

Marginal Citations

M12 OJ No. L 3, 5.1.2005, p.1.

[F23 Supervision and monitoring consignments E+W

17.   Where a consignment is required to be taken under supervision from a border control post to a specific destination in the United Kingdom or a member State —

(a) the movement must be under customs supervision if this is specified in the CHED; and

(b) on arrival, the occupier of the destination premises must immediately notify the Welsh Ministers of its arrival.]

Textual Amendments

F23 Reg. 17 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(15)

Destination outside the United Kingdom E+W

18.—(1) This regulation relates to a consignment brought into Wales but intended for an ultimate destination outside the United Kingdom.

(2) In the case of an animal consigned to a destination outside the European Union, the person notifying its arrival must provide documentary evidence that the country of destination will accept the animal, and the official veterinary surgeon at the border inspection post may refuse to accept the animal if this is not provided.

[F24 (3) Products that arrive at a border control post for an ultimate destination outside the United Kingdom, and which are subject to animal health check requirements in the relevant legislation listed in Schedule 1, may be taken directly from the border control post to the destination outside the United Kingdom without a CHED, so long as the products do not remain for more than three days at an airport border control post or 30 days at a sea port border control post.]

[F25 (3A) Products that are not subject to import check requirements, and which arrive at a border control post for an ultimate destination outside the United Kingdom, may be taken directly from the border control post to their destination without a CHED, so long as the products do not remain at the border control post for more than 90 days.]

(4) But if the consignment is intended to be sent to a destination in the European Union, and the importation of the product into the European Union is not permitted, the official veterinary surgeon must reject the consignment.

Textual Amendments

F24 Reg. 18(3) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(16)(a)

F25 Reg. 18(3A) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(16)(b)

Unchecked consignments E+W

19.  The enforcement authority must seize any consignment—

(a) brought into Wales other than through a border inspection post approved for that animal or product;

[F26 (b) removed from a border control post without a CHED or the authority of the official veterinary surgeon or official fish inspector (as the case may be) at the post; or

(c) transported from the border control post to a destination other than that specified in the entry document.]

Textual Amendments

F26 Reg. 19(b)(c) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(17)

Action following failure of checks or seizure — products E+W

[F27 20.— (1) This regulation applies in relation to any consignment of a product if the checks at a border control post show that the consignment does not comply with the rules referred to in Article 1(2) of the EU Regulation.

(2) The official veterinary surgeon or the official fish inspector (as appropriate) must, after consultation with the importer or the importer’s representative, place the consignment under detention and refuse its entry to the United Kingdom.

(3) The official veterinary surgeon or the official fish inspector (as appropriate) may order the person responsible for the consignment—

(a) subject the consignment to special treatment in accordance with Article 71(1) and (2) of the EU Regulation or to any other measure necessary to ensure compliance with the rules referred to in Article 1(2) of the EU Regulation, and, where appropriate and provided there is no risk to human or animal health, allocate the consignment for purposes other than those for which it was originally intended;

(b) where health conditions permit, to require the person in charge of the consignment to re-dispatch the product in accordance with Article 72 of the EU Regulation from the same border control post to a destination outside the European Union agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days from arrival at the border control post; or

(c) if the person responsible for the consignment gives immediate agreement, re-dispatch is impossible or the 60-day time limit has elapsed, to destroy the products.

(4) The official veterinary surgeon or official fish inspector (as appropriate) may exceptionally authorise destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment to be taken in respect of a part of the consignment only, provided that the action taken—

(a) is such as to ensure compliance;

(b) does not pose a risk to human or animal health; and

(c) does not disrupt official control operations.

(5) Pending re-dispatch or confirmation of the reasons for rejection, the person responsible for the consignment must, at that person’s own expense, store the consignment under the supervision of the enforcement authority.

(6) If a consignment of products is seized outside a border control post under regulation 19, the enforcement authority must order that such consignment be retained or recalled, and placed under official detention without delay, and paragraphs (2) and (3) of this regulation apply.

(7) The importer or the importer’s representative is liable for the costs incurred in any measures taken under paragraphs (2) to (6) but is entitled to payment of a sum equal to the value of the product after deduction of these costs.

(8) The importer or the importer’s representative may immediately, and within one working day after notification of the non-compliance, make written representations to the Welsh Ministers regarding any decision taken under this regulation, and any such representations must be considered and a written response must be given by the Welsh Ministers within one working day of receiving such representations.]

Textual Amendments

F27 Reg. 20 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(18)

Consignments of products likely to constitute a risk to animal or human health E+W

[F28 21.   If the official controls at the border control post indicate that the consignment is likely to constitute a danger to animal or human health, the official veterinary surgeon or the official fish inspector (as the case may be) must immediately place the consignment under official detention and order that the person responsible for the consignment destroy it or arrange special treatment in accordance with Article 71 of the EU Regulation at that person’s expense.]

Textual Amendments

F28 Reg. 21 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(19)

Serious or repeated infringements and breach of maximum residue limits E+W

[F29 22.— (1) If the official veterinary surgeon or official fish inspector (as appropriate) suspects that products entering the United Kingdom from a particular third country, part of a third country or establishment in a third country have been the subject of serious contraventions of any import requirement, or contraventions that form part of a series, or where those checks reveal that maximum residue levels have been exceeded, this regulation applies to the next ten consignments, or a net weight of 300 tonnes, whichever is the lowest, imported from that third country, or as the case may be a particular part of a third country or establishment to which the suspicion relates.

(2) If the official veterinary surgeon or official fish inspector (as appropriate) has reason to suspect fraudulent or deceptive practices by an operator responsible for a consignment, the Welsh Ministers may apply intensified official controls.

(3) The official veterinary surgeon or official fish inspector (as appropriate) must carry out a physical check on the suspected non-compliant consignment and take appropriate measures in accordance with Section 3 of Chapter 5 of Title 2.

(4) The person responsible for the consignment must lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges, including the taking of samples, and tests or analysis.]

Textual Amendments

F29 Reg. 22 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(20)

Action following failure of checks or seizure — animals E+W

[F30 23.— (1) If the checks at a border control post show that an animal does not comply with the rules referred to in Article 1(2) of the EU Regulation relating to that animal, or where such checks reveal an irregularity, the official veterinary surgeon must initially place the animal under detention, isolation or quarantine, as appropriate, where it must be kept, cared for or treated under appropriate conditions pending further official decision on the fate of the animal.

(2) Unless immediate action is necessary in order to respond to a risk to human or animal health or animal welfare or to the environment, the official veterinary surgeon may, after consultation with the importer or the importer’s representative, order the person responsible for the consignment—

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

(b) if necessary, to place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; or

(c) to re-dispatch the animal in accordance with Article 72 of the EU Regulation without delay.

(3) If re-dispatch is impossible, in particular for welfare reasons, the official veterinary surgeon may order the importer or the importer’s representative to arrange for the slaughter of the animal to spare any avoidable pain, distress or suffering.

(4) If an animal is seized under regulation 19 at a place other than a border control post, the enforcement authority must order the consignment to be retained or recalled, and placed under official detention without delay, and paragraphs (1) and (2) apply.

(5) The official veterinary surgeon may exceptionally authorise partial destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment of animals to be taken in respect of a part of any such consignment, provided that such action—

(a) is such as to ensure compliance with the import check requirements the EU Regulation and any relevant Implementing Regulations and Delegated Regulations made under it;

(b) does not pose a risk to human or animal health; and

(c) does not disrupt official control operations.

(6) The importer or the importer’s representative is liable for the costs incurred in these measures but is entitled to payment of a sum equal to the slaughter value of the animal after deduction of these costs.]

Textual Amendments

F30 Reg. 23 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(21)

Appeals E+W

24.  Any person who is aggrieved by a decision referred to in regulation 20 or 23 may appeal within one month of the decision to a Magistrates' court by way of complaint for an order and the Magistrates' Courts Act 1980 M13 applies to the proceedings.

Marginal Citations

M13 1980 c. 43.

Additional requirements in specific cases E+W

25.  Part 2 of Schedule 2 makes additional requirements for specific cases.

Exclusions E+W

26.  The provisions of this Part do not apply in the cases specified in Schedule 3.

Re-importation of [F31 animals and] products E+W

27.— [F32 (1) An official veterinary surgeon at a border control post must authorise the re-importation of consignments of the categories of animals and products referred to in points (a) and (b) of Article 47(1) of the EU Regulation originating from, and returning to, the Union following a refusal of entry by a third country, provided that—

(a) animals and germinal products that have been authorised in advance by the competent authority comply with the relevant animal health and animal welfare requirements;

(b) products of animal origin and composite products comply with animal and public health requirements relating to consignments of products for human consumption originating in and returning to the Union following a refusal of entry by a third country; and

(c) animal by-products comply with the animal health requirements laid down in Annex XIV to Commission Regulation (EU) 142/2011 on the requirements for the entry of consignments of animal by-products and derived products originating from, and returning to, the Union following refusal of entry by a third country M14 .]

[F33 (1A) In paragraph (1), “Commission Regulation (EU) 142/2011” means Commission Regulation (EU) 142/2011 implementing 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 implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.]

(2) The official veterinary surgeon must carry out a documentary and identity check and if necessary a physical check.

(3) The importer must either—

(a) transport the consignment directly to the establishment of origin in the member State where the certificate was issued, in leak-proof means of transport, identified and sealed by the official veterinary surgeon at the border inspection post so that the seals will be broken whenever the container is opened, or

(b) destroy the consignment as animal by-products.

Textual Amendments

F31 Words in reg. 27 heading inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(22)(a)

F32 Reg. 27(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(22)(b)

F33 Reg. 27(1A) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(22)(c)

Marginal Citations

M14 OJ No. L 54, 26.2.2011, p. 1, last amended by OJ L. 185, 11.7.2019, p. 26.

Admission of products into warehouses E+W

[F34 28.   No person may bring a consignment of products that does not comply with the import requirements of these Regulations into a warehouse in contravention of Section 2 (customs warehousing) or Section 3 (free zones) of Chapter 3 of Title 7 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code.]

Textual Amendments

F34 Reg. 28 substituted (29.4.2019) by The Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/799), regs. 1(2), 4

PART 4 E+W Safeguard measures

Safeguard measures E+W

[F35 29.— (1) Where the Welsh Ministers or the Food Standards Agency—

(a) has reasonable grounds for suspecting the existence of a disease, zoonosis, phenomenon or circumstance in a country outside the United Kingdom such that animals or products originating from the whole or part of the country concerned are liable to pose risk to human or animal health, or

(b) is of the opinion that there is serious non-compliance with official control rules under the EU Regulation in relation to imports from the European Union, or equivalent official control rules in countries other than a member State,

the Welsh Ministers or the Agency may publish a written declaration of the special measures necessary in order to contain the risk to human or animal health or the risk of non-compliant animals or products entering into the United Kingdom.

(2) The special measures that the Welsh Ministers or the Food Standards Agency may require include—

(a) suspension of entry of any animal or product originating in or dispatched from the whole or part of the country concerned;

(b) imposition of conditions requiring that any animals or products—

(i) prior to dispatch, or on arrival, are made the subject of specific treatment or controls;

(ii) be accompanied by an official certificate, an official attestation, or any other evidence (in any format that may be specified) that any import from the European Union complies with established official control rules under the EU Regulation and any relevant Implementing Regulations and Delegated Regulations made under it or equivalent rules in other countries;

(c) such other measures as the Welsh Ministers or the Agency considers necessary to contain the risk.

(3) The declaration must be published in such manner as the Welsh Ministers or the Food Standards Agency (as the case may be) thinks fit and may be amended or revoked by further declaration at any time.

(4) No person may import into the United Kingdom anything in breach of any measures mentioned in any declaration.]

Textual Amendments

F35 Reg. 29 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(23)

PART 5 E+W Administration

Notifications and authorisations E+W

30.  Any notification or authorisation must be in writing, may be subject to conditions and may be amended, suspended or revoked by further notice in writing at any time.

Enforcement authorities E+W

31.  In these Regulations the enforcement authorities are local authorities and port health authorities.

Enforcement E+W

32.—(1) At a border inspection post these Regulations are enforced—

(a) in relation to animals by the Welsh Ministers; and

(b) in relation to products by the local authority.

(2) Outside a border [F36 control post, in relation to animals (other than in relation to aquatic animals)] they are enforced by the local authority.

[F37 (2A) Outside a border control post, official controls in relation to aquatic animals are enforced by the Welsh Ministers.]

(3) Outside a border inspection post, in relation to products they are enforced by—

(a) the local authority; or

(b) by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Wales) Regulations 2006 M15 .

(4) In addition, in relation to products they are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under [F38 [F39 Article 134] of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code].

(5) The Welsh Ministers may direct, in relation to cases of a particular description or a particular case, that the Welsh Ministers may discharge any duty imposed on a local authority under this regulation.

[F40 (6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.]

Textual Amendments

F36 Words in reg. 32(2) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(24)(a)

F37 Reg. 32(2A) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(24)(b)

F38 Words in reg. 32(4) substituted (28.3.2019) by The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 12(10)

F39 Words in reg. 32(4) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(24)(c)

F40 Reg. 32(6) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(24)(d)

Marginal Citations

M15 S.I. 2006/31 (W.5).

Powers of entry E+W

[F41 33.— (1) An authorised officer of the Welsh Ministers or an enforcement agency may at any reasonable hour during normal working hours without prior notice enter any premises (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.

(2) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.

(3) A justice of the peace may sign a warrant to permit an enforcement officer to enter any premises, including a dwelling-house, if the justice on sworn information in writing is satisfied—

(a) that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

(b) that one or more of the conditions in paragraph (4) are met.

(4) The conditions are—

(a) that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) that entry is required urgently;

(d) that the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for 30 days from the date of signature by the justice of the peace.

(6) An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(7) An authorised officer may—

(a) be accompanied by such other persons (up to a maximum of three) as the officer considers necessary;

(b) bring onto the premises such equipment as the officer considers necessary.]

Textual Amendments

F41 Reg. 33 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(25)

Powers of authorised officers E+W

34.  An authorised officer of the Welsh Ministers or an enforcement authority may—

(a) inspect and examine any animal;

(b) inspect any product, or genetic material, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with it;

(c) have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;

(d) have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records; and may require any computer records to be produced in a form in which they may be taken away;

(e) seize and retain anything required as evidence in proceedings under these Regulations;

(f) open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it and inspect the contents;

(g) take samples of any animal or product for laboratory tests, for checking against any relevant document relating to the animal or product or otherwise for checking compliance with these Regulations or any condition of import enforced by these Regulations;

[F42 (h) require the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the EU Regulation and any Implementing Regulations and Delegated Regulations made under it, or suspected by the Welsh Ministers of posing a risk to animal or human health;

(i) require the quarantine of any imported animal that is suspected by the Welsh Ministers of posing a risk to animal or human health.]

Textual Amendments

F42 Reg. 34(h)(i) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(26)

[F43 Importation of animals or products constituting a risk to animal or public health E+W

35.— (1) If imported animals or products are suspected by the Welsh Ministers of constituting a serious risk to human or animal health or animal welfare, or, in a case of suspected non-compliance, the animals or products come from a region contaminated by an epizootic disease, an authorised officer of the Welsh Ministers may require—

(a) an investigation in order to confirm or eliminate that suspicion;

(b) an investigation into the extent of any suspected non-compliance and to establish the import operator’s responsibilities;

(c) intensified official controls on consignments of animals or products from a particular region until such imports are no longer regarded by the officer of constituting such health risk;

(d) the official detention of any of the animals or products;

(e) appropriate measures to ensure that the person responsible for the animals or products remedies the non-compliance and prevents further occurrences of such non-compliance.

(2) In a case within paragraph (1)(a), the importer must assist the officer with establishing the region of origin.

(3) Where the Welsh Ministers are satisfied that imported animals or products constitute a risk to animal or public health, an authorised officer of the Welsh Ministers may, following written notice, take any reasonable action to ensure compliance with any rules laid down in accordance with Article 1(2) of the EU Regulation, including—

(a) taking samples for testing and ordering or performing veterinary treatments on animals;

(b) ordering the unloading of animals and their transfer via another means of transport to a specified holding for a specified quarantine period (whether or not involving the postponement of the slaughter of animals);

(c) the slaughter or killing of animals, provided that this is the most appropriate measure to safeguard human health as well as animal health and welfare;

(d) restricting or prohibiting the placing on the market, the movement or the export of the animal or product, or requiring its return to the country of dispatch;

(e) ordering the importer to increase the frequency and thoroughness of systematic checks and controls before importing further animals or goods from the same region;

(f) ordering the isolation or closure, for an appropriate period of time, of all or part of a business operation (including any related internet and on-line sales of products that may constitute a risk to animal or human health) affected by the importation of an animal or product that constitutes a risk to animal or human health;

(g) the recall, withdrawal, removal or destruction of products;

(h) the treatment of products for human consumption, the alteration of labels or corrective information to be provided to consumers;

(i) the temporary suspension or withdrawal of the registration or approval of an affected establishment, plant, holding or means of transport concerned, or of an authorisation of a transporter;

(j) the use of the products for purposes other than those for which they were originally intended.

(4) An authorised officer of the Welsh Ministers must provide an affected business operator, or its representative, with—

(a) written notification of the decision concerning the action or measure to be taken in accordance with this regulation, together with the reasons for that decision; and

(b) information on any right of review against such decision in accordance with regulation 35A.

(5) All expenditure incurred as a result of actions taken by or on behalf of the Welsh Ministers under this regulation is to be borne by the responsible operator.

(6) In the case of the issue of false or misleading official certificates in Wales, or where there is evidence of abuse of official certificates, an authorised officer of the Welsh Ministers may take appropriate measures, including—

(a) the temporary suspension of the certifying officer from certifying any certificates related to any relevant trade;

(b) the withdrawal of the authorisation of a person to sign official certificates;

(c) any other measure believed by the officer to be necessary to prevent a reoccurrence of any non-compliance or abuse.]

Textual Amendments

F43 Reg. 35 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(27)

[F44 Review of decisions by an appointed person E+W

35A.— (1) Any person aggrieved by a decision made under these Regulations, other than any decision referred to in regulation 20 or 23, may request a review of that decision by a person appointed by the Welsh Ministers (“the appointed person”).

(2) Within 21 days of the appointment of the appointed person written representations may be made by the aggrieved person to the appointed person.

(3) The appointed person must consider any written representations made when reviewing the disputed decision and must report in writing to the Welsh Ministers 21 days from the expiry of the period in paragraph (2) with a recommended course of action resulting from the review.

(4) The Welsh Ministers must consider the report of the appointed person and promptly notify the owner of the outcome of the review and provide a copy of the report of the appointed person.

(5) A review, or right of review, does not affect the obligation on the designated authority to take prompt action to eliminate or contain the risks to human or animal health.]

Textual Amendments

F44 Reg. 35A inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(28)

Obstruction E+W

36.  No person may—

(a) intentionally obstruct any person acting in the execution of these Regulations [F45 or the EU Regulation];

(b) without reasonable cause, fail to give any person acting in execution of these Regulations [F45 or the EU Regulation] any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations [F45 or the EU Regulation]; or

(c) furnish to any person acting in the execution of these Regulations [F45 or the EU Regulation] any information knowing it to be false or misleading.

Textual Amendments

F45 Words in reg. 36 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(29)

Exchange of information E+W

37.—(1) The Commissioners of Her Majesty's Revenue and Customs, a general customs official and any enforcement authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in England, Scotland and Northern Ireland for the purposes of this Part or the equivalent legislation in those jurisdictions.

(2) Paragraph (1) is without prejudice to any other power of the Commissioners, any general customs official or any enforcement authority to disclose information.

(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners or a general customs official under paragraph (1) if—

(a) the information relates to a person whose identity—

(i) is specified in the disclosure; or

(ii) can be deduced from the disclosure;

(b) the disclosure is for a purpose other than the purposes specified in paragraph (1); and

(c) the Commissioners have not given their prior consent to the disclosure.

Fees E+W

[F46 38.   The Welsh Ministers must charge a reasonable fee in relation to any official control activity in accordance with the charging provisions contained in Chapter 6, Title 2 of the EU Regulation, and such fee is payable by the operator responsible for the consignment or its representative.]

Textual Amendments

F46 Reg. 38 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(30)

Offences E+W

39.  Breach of the following provisions is an offence—

Provision	Description of the offence
[F47 regulation 5(1) and (1A)]	[F48 Movements without correct accompanying document]
regulation 5(2)	Failing to keep a certificate for at least three years
regulation 6(5)	Signing a certificate without being authorised by the Welsh Ministers
regulation 6(6)	Signing a certificate knowing it to be false, or not believing it to be true
regulation 7	Notification
regulation 13	Importation other than at a border inspection post
regulation 14	Notification
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	Movement other than under Customs supervision and failure to notify the Welsh Ministers
regulation 28	Bringing a non-compliant product into a warehouse etc.
regulation 29(2)	Bringing in an animal or product in breach of a declaration
regulation 36	Obstruction
regulation 37(3)	Disclosure of information
Schedule 2:
paragraph 5(1)	Trading in apes
paragraph 6(2)	Keeping records
paragraph 6(3)	Notification of movement
paragraph 7	Movement of animal by-products
paragraph 8(2)	Slaughter of animals
paragraph 8(3)	Keeping animals at their place of destination
paragraph 9(2)	Transport of birds to approved quarantine facilities or centres
paragraph 9(3)	Release of birds from quarantine
paragraph 11	Use of a certificate relating to ships' stores
Schedule 3 paragraph 4(3)	Destruction or redispatch in accordance with the authorisation

Textual Amendments

F47 Words in reg. 39 table substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(31)(a)

F48 Words in reg. 39 table substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(31)(b)

Offences by bodies corporate E+W

40.—(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,

that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

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

Offences by partnerships and unincorporated associations E+W

41.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a) rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;

(b) section 33 of the Criminal Justice Act 1925 M16 and Schedule 3 to the Magistrates' Courts Act 1980 M17 apply in relation to the partnership or association as they apply in relation to a body corporate.

(3) A fine imposed on a partnership or association on its conviction for an offence under these Regulations is to be paid out of the funds of the partnership or association.

(4) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

For these purposes, “partner” (“partner”) includes a person purporting to act as a partner.

(5) Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(6) For these purposes, “officer” (“swyddog”) means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.

Marginal Citations

M16 1925 c. 86. Subsections (1) and (2) of section 33 were repealed by the Magistrates' Courts Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, part II, paragraph 19; subsection (4) was amended by the Courts Act 2003 (c. 39), section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10, and by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 5; subsection (5) was repealed by the Magistrates' Court Act 1952, section 132, Schedule 6.

M17 1980 c. 43. Sub-paragraph 2(a) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13, and was repealed by the Criminal Justice Act 2003 (c. 44), sections 41 and 332, Schedule 3, part 2, paragraph 51, sub-paragraphs (1), (13)(a), and Schedule 37, part 4 (with effect from a date to be appointed); paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13; paragraph 6 was amended by the Criminal Justice Act 2003, section 41, Schedule 3, part 2, paragraph 51, sub-paragraphs (1) and (13)(b) (with effect from a date to be appointed).

Penalties E+W

[F49 42.   A person guilty of any offence under these Regulations is liable on summary conviction to a fine.]

Textual Amendments

F49 Reg. 42 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(32)

Revocations E+W

43.—(1) The following are revoked—

(a) the Products of Animal Origin (Import and Export) Regulations 1996 insofar as they relate to Wales M18 ;

(b) the Fresh Meat (Import Conditions) Regulations 1996 insofar as they relate to Wales M19 ;

(c) the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 insofar as they relate to Wales M20 ;

(d) the Animals and Animal Products (Import and Export) (Wales) Regulations 2006 M21 ;

(e) the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 M22 .

(2) Schedule 4 makes amendments consequential to these Regulations.

Marginal Citations

M18 S. I. 1996/3124.

M19 S. I. 1996/3125.

M20 S. I. 1997/3023.

M21 S. I. 2006/1536 (W. 153).

M22 S. I. 2007/376 (W. 36).

John Griffiths

Minister for Environment and Sustainable Developement, one of the Welsh Ministers

Regulations 5 and 15

SCHEDULE 1 E+W European Union legislation

 

EU legislation	Subject
Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine M23	Bovine animals and swine
Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep frozen semen of domestic animals of the bovine species M24	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 M25	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 M26	Porcine semen
Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals M27	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) to Directive 90/ 425/EEC M28	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 M29	Miscellaneous products
F50 . . .	F50 . . .
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 M30	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 M31	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 M32	Certain live ungulate animals including bovine, ovine, caprine, porcine
F50 . . .	F50 . . .
Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs	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 M33	Animal products for human consumption
F50 . . .	F50 . . .
F50 . . .	F50 . . .
Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene M34	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 M35	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 M36	Aquatic animals
Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae M37	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 M38	Poultry and hatching eggs
F50 . . .	F50 . . .
Council Regulation (EC) No. 1069/2009 laying down the health rules as regards animal by-products and derived products not intended for human consumption M39	Animal by-products
[F51 Regulation (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 ]	[F52 Purebred breeding animals, hybrid breeding pigs and the germinal products thereof]
[F51 Regulation (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 M40 and the Implementing Regulations and Delegated Regulations made under it ]	[F53 Official controls and other official activities]

Textual Amendments

F50 Words in Sch. 1 omitted (31.1.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(33)(a)

F51 Words in Sch. 1 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(33)(b)

F52 Words in Sch. 1 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(33)(c)

F53 Words in Sch. 1 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(33)(d)

Marginal Citations

M23 OJ No. L 121, 29.7.64, p. 1977 as last amended by Commission Decision 2009/976/EU (OJ No. L 336, 18.12.2009, p. 36).

M24 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).

M25 OJ No. L 302, 19.10.1989, p. 1 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M26 OJ No. L 224, 18.8.1990, p. 62 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M27 OJ No. L 46, 19.2.1991, p. 19 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M28 OJ No. L 268, 14.9.1992, p. 54 as last amended by Commission Regulation (EU) No 684/2010 (OJ No. L 293, 11.11.2010, p. 62).

M29 OJ No. L 62, 15.3.1993, p. 49 as last amended by Directive 2004/41/EC of the European Parliament and the Council (OJ No L 195, 2.6.2004 p.12).

M30 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 (OJ No L 188, 18.7.2009, p.14).

M31 OJ No. L 18, 23.1.2003, p. 11.

M32 OJ No. L 139, 30.4.2004, p. 321.

M33 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).

M34 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 (OJ No L 87, 31.3.2009, p. 109).

M35 OJ No. L 116, 4.5.2007, p. 9.

M36 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).

M37 OJ No. L 192, 23.7.2010, p. 1.

M38 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).

M39 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).

M40 OJ No. L 95, 7.04.2017, p. 1, as amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.5.2019, p. 4).

Regulations 8 and 25

SCHEDULE 2 E+W Specific requirements for individual cases

PART 1 E+W Additional requirements for trade [F54 with] member States

Textual Amendments

F54 Word in Sch. 2 Pt. 1 heading substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(a)

Dealers in cattle, sheep, pigs or goats E+W

1.—(1) The Welsh Ministers 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 Welsh Ministers 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 goats E+W

2.—F55 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56 (2) No person may transport cattle, pigs, sheep or goats to a member State unless authorised by the Welsh Ministers in accordance with Article 11 of the Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations M41 .]

(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 Welsh Ministers 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

F55 Sch. 2 para. 2(1) omitted (31.1.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(b)(i)

F56 Sch. 2 para. 2(2) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(b)(ii)

Marginal Citations

M41 OJ No. L 3, 5.1.2005, p. 1.

Horses E+W

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 may move [F57 to or from] member states without a health attestation or a health certificate [F58 and are exempt from the requirement in regulation 7(2) to provide one working day’s notice to the Welsh Ministers in advance of the intended arrival of the consignment].

Textual Amendments

F57 Words in Sch. 2 para. 3 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(c)(i)

F58 Words in Sch. 2 para. 3 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(c)(ii)

Poultry Health Scheme E+W

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 [F59 with] member States)—

(a) the approval of establishments and laboratories is granted by the Welsh Ministers;

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

Textual Amendments

F59 Word in Sch. 2 para. 4 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(d)

Approvals for the Balai Directive E+W

5.—(1) No person may trade in apes (simiae and prosimiae) other than between a centre approved by the Welsh Ministers 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 Welsh Ministers.

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

(4) The Welsh Ministers must approve a body authorised to engage in trade [F60 with] member States in semen, ova 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 Welsh Ministers may authorise in writing a body approved under this paragraph to acquire an ape (simiae and prosimiae) belonging to an individual.

Textual Amendments

F60 Word in Sch. 2 para. 5(4) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(d)

Circuses E+W

6.—(1) The Welsh Ministers are 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 M42 .

(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).

Marginal Citations

M42 OJ No. L 279, 22.10.2005, p. 47

Animal by-products E+W

7.  Animal by-products to which Article 48 of Regulation (EC) No. 1069/2009 apply may only be consigned to [F61 a member State, or brought into Wales from a] member State, in accordance with that Article.

Textual Amendments

F61 Words in Sch. 2 para. 7 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(e)

[F62 Interpretation E+W

8.   In this part—

“Council Directive 64/432/EEC” (“Cyfarwyddeb y Cyngor 64/432/EEC”) means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine, as last amended by Commission Implementing Decision (EU) 2015/819;

“Council Directive 91/68/EEC” (“Cyfarwyddeb y Cyngor 91/68/EEC”) means Council Directive 91/68/EEC on animal health conditions governing intra-community trade in ovine and caprine animals, as last amended by Commission Implementing Decision (EU) 2016/2002.]

Textual Amendments

F62 Sch. 2 Pt. 1 para. 8 inserted (28.3.2019) by The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 12(12)(a)

PART 2 E+W Additional provisions relating to imports from third countries

Arrival at premises of destination E+W

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 birds E+W

9.—(1) The Welsh Ministers are the competent authority for [F63 the import of certain birds and quarantine conditions for the purposes] [F64 Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof].

(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

F63 Words in Sch. 2 para. 9(1) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(f)

F64 Words in Sch. 2 para. 9(1) substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 37

Horses E+W

[F65 10.   When a horse is imported from a third country under Commission 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 M43 the official veterinary surgeon must return the health certificate to the person accompanying the horse, and make a record of the certificate.]

Textual Amendments

F65 Sch. 2 para. 10 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(g)

Marginal Citations

M43 OJ No. L.110, 30.4.2018, p. 1.

[F66 Ship supply E+W

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

F66 Sch. 2 para. 11 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(h)

Charges for veterinary checks from New Zealand E+W

F67 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 2 para. 12 omitted (31.1.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(34)(i)

Regulation 26

SCHEDULE 3 E+W Cases to which Part 3 does not apply

Disapplication of Part 3 E+W

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

Case 1: Personal imports and small consignments E+W

[F68 2.   Products referred to in Article 7 and Article 10 of the Commission Delegated Regulation adopted in accordance with Article 48(d) and (e) of the EU Regulation M44 .]

Textual Amendments

F68 Sch. 3 para. 2 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(a)

Marginal Citations

M44 The Commission Delegated Regulation was adopted in Brussels on 10.10.2019 under reference C(2019) 7007 final, but the instrument was not published in the Official Journal.

Case 2: International means of transport E+W

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.

[F69 Case 3: Research and diagnostic samples E+W

4.— (1) Research and diagnostic samples as defined in point (38) of Annex 1 to Regulation (EU) No 142/2011 M45 are exempt from veterinary checks at the border control post, provided that they have been authorised in advance by the Welsh Ministers 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

F69 Sch. 3 para. 4 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(b)

Marginal Citations

M45 OJ No. L 54, 26.2.2011, p. 1, as last amended by OJ L. 185, 11.7.2019, p. 26.

Case 4: Consignments cleared in [F70 a] member State E+W

5.  Consignments of animals and products that have been presented to a border inspection post in [F71 a] member State or another part of the United Kingdom and have been cleared for free circulation.

Textual Amendments

F70 Word in Sch. 3 para. 5 heading substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(c)

F71 Word in Sch. 3 para. 5 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(d)

Case 5: Composite products E+W

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 E+W

7.  Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M46 and imported in accordance with a licence under that Order.

Marginal Citations

M46 S.I. 1974/2211 to which there are amendments not relevant to these Regulations.

[F72 Case 7: Invertebrate animals intended for scientific purposes E+W

8.— (1) Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts, other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 M47 , provided that—

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

(b) they have been authorized by the Welsh Ministers ;

(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) Sub-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

F72 Sch. 3 para. 8 inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(35)(e)

Marginal Citations

M47 OJ No. L. 317, 4.11.2014, p. 35.

Regulation 43

SCHEDULE 4 E+W Consequential amendments

Amendment to the Bluetongue (Wales) Regulations 2008 E+W

1.  After regulation 19 of the Bluetongue (Wales) Regulations 2008 M48 insert—

“ PART 3A E+W 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.”.

Marginal Citations

M48 S.I. 2008/1090 (W.116).

Amendment to the Importation of Animal Products and Poultry Products Order 1980 E+W

2.  The Importation of Animal Products and Poultry Products Order 1980 M49 , insofar as it relates to Wales, 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 (Wales) Regulations 2011 apply.”.

Marginal Citations

M49 S.I. 1980/14 to which there are amendments not relevant to these Regulations.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the eight sets of Regulations specified in regulation 43.

They establish a system for trade between member States in live animals and genetic material (Part 2) and for the importation of live animals, genetic material and products of animal origin from outside the European Union (Part 3).

The European Union legislation required to be complied with before animals or goods can be released from control at the port of importation (the “border inspection post”) is listed in Schedule 1.

As before, the Welsh Ministers are empowered (in Part 4) to prohibit importation into Wales of any animal or product in the event of a disease outbreak outside the United Kingdom.

The Regulations are enforced by the Welsh Ministers, port health authorities, local authorities and the United Kingdom Border Agency in the circumstances set out in regulation 32.

The Regulations establish various offences, punishable on summary conviction by a fine up to the statutory maximum or on conviction on indictment by an unlimited fine (or in the case of disclosure relating to customs information imprisonment for up to three months).

A regulatory impact assessment has not been produced for this instrument as no new impact on the private, voluntary or public sectors is foreseen.