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

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PART 3 E+WImportation from a third country

Scope of this PartE+W

9.  This Part applies in relation to the importation into Wales from a country outside the European Union of any animal or product [F1subject to official controls at border control posts].

Textual Amendments

[F2Meaning 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 M1.

(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 M2.

(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

Marginal Citations

M1OJ No. L 261, 14.10.2019, p. 37.

M2OJ No. L 250, 30.7.2019, p. 6.

[F3Border control postsE+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

Appointment of official veterinary surgeons and official fish inspectorsE+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.

[F4(4) If the approval for the border control post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live [F5echinoderms, live tunicates and live marine gastropods and composite products containing processed fishery products intended for human consumption, the enforcement 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

Place of importationE+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 importationE+W

14.—[F6(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.]

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F8(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

Procedure on importationE+W

[F915.—(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

[F10Removal from the border control postE+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 M3 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

Marginal Citations

M3OJ No. L 3, 5.1.2005, p.1.

[F11Supervision and monitoring consignmentsE+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

Destination outside the United KingdomE+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.

[F12(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.]

[F13(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

Unchecked consignmentsE+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;

[F14(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

Action following failure of checks or seizure — productsE+W

[F1520.—(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) F16... .

F17(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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

[F1821.  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

Serious or repeated infringements and breach of maximum residue limitsE+W

[F1922.—(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

Action following failure of checks or seizure — animalsE+W

[F2023.—(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 F21... .]

Textual Amendments

AppealsE+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 M4 applies to the proceedings.

Marginal Citations

Additional requirements in specific casesE+W

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

ExclusionsE+W

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

Re-importation of [F22animals and] productsE+W

27.—[F23(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 M5.]

[F24(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

Marginal Citations

M5OJ No. L 54, 26.2.2011, p. 1, last amended by OJ L. 185, 11.7.2019, p. 26.

Admission of products into warehousesE+W

[F2528.  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

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