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

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;

[F1 “appropriate computerised information management system” (“system rheoli gwybodaeth gyfrifiadurol briodol”) means the computerised information management system for official controls referred to in Article 131 of the Official Controls Regulation;]

[F1 “border control post” (“safle rheoli ar y ffin”) has the meaning given in regulation 11;]

[F1 “CHED” (“DMIG”) has the meaning given in regulation 10;]

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

[F2 “genetic material” (“deunydd genetig”) means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;]

[F3 “health certificate” (“tystysgrif iechyd”) in these Regulations includes the equivalent of a health certificate in electronic form;]

[F3 “importer” (“mewnforiwr”) means the natural or legal person who presents animals or products for importation from outside the [F4 British Islands];]

[F3 “intensified official controls” (“rheolaethau swyddogol dwysach”) means those controls carried out in accordance with Article 65(4) of the [F5 Official Controls Regulation];]

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

[F3 “official controls” (“rheolaethau swyddogol”) means activities performed in accordance with Article 2(1) of the [F6 Official Controls 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;

[F3 “premises” (“mangre”) includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;]

[F7 “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 concerning lists of animals and products to be subject to official controls at border [F8 control] posts;]

[F1 “third country” (“trydedd wlad”) means any country or territory other than the British Islands]

[F9 “the transitional staging period” (“ycyfnod graddoli trosiannol”) has the meaning given in Annex 6 to the Official Controls Regulation.]

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (3) In these Regulations,—

(a) [F12 “ Official Controls Regulation ” (“Rheoliad Rheolaethau Swyddogol”)] 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;

(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 M1 ;

(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

F13 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(a)(i)

F2 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)

F3 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)

F4 Words in reg. 2(1) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(a)(ii)

F5 Words in reg. 2(1) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(a)(iii)

F6 Words in reg. 2(1) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(a)(iv)

F7 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)

F8 Word in reg. 2(1) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(a)(v)

F9 Words in reg. 2(1) inserted (30.7.2021) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2021 (S.I. 2021/847), regs. 1(2), 2(2)

F10 Reg. 2(2) omitted (31.12.2020) by virtue of The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(b)

F11 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)

F12 Words in reg. 2(3)(a) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(c)(i)

F13 Reg. 2(3)(d) omitted (31.12.2020) by virtue of The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 3(c)(ii)

Marginal Citations

M1 OJ No. L 171, 29.6.2016, p. 66.

[F14 [F15 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.

[F16 (1A) In addition to the requirements of these Regulations, dogs, cats and ferrets not exempted by paragraph (1) must not be moved into Wales from a third country unless they comply with the requirements set out in—

(a) points (a) to (d) of Article 10(1), subject to paragraph (1) of Article 12, of the Pets Regulation; and

(b) Commission Implementing Decision (EU) 2019/294 laying down the list of territories and third countries authorised for imports of dogs, cats and ferrets and the model animal health certificate for such imports.]

(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 M2 ;

“the Pets Regulation” (“y Rheoliad Anifeiliaid Anwes”) means Regulation (EU) No. 576/2013 M3 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

F14 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)

F15 Reg. 3 heading substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 4(a)

F16 Reg. 3(1A) inserted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 4(b)

Marginal Citations

M2 OJ No. L 84, 31.3.2016, p. 1.

M3 OJ No. L 17, 28.6.2013, p. 1.

International agreements E+W

F17 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Reg. 4 omitted (31.12.2020) by virtue of The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 5