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

Procedure on importation E+W

15.—(1) When the consignment has been unloaded, the person responsible for the consignment must without reasonable delay arrange for it, together with the documentation specified for that consignment in the relevant legislation in Schedule 1, to be presented at the border inspection post inspection facilities to enable—

(a) the checks required by Article 4 of Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries,

(b) the checks required by Article 4 of Council Directive 91/496/EEC laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries M1 , or

(c) the official controls referred to in Article 14(1) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M2 , to be carried out.

[F1 (d) the checks required by Article 37(1) of 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 and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding.]

(2) The official veterinary surgeon may serve on the person responsible for the consignment a notice specifying a reasonable time at which the consignment must be presented for inspection, and that person must comply with such a notice.

(3) The official veterinary surgeon must carry out all necessary checks and controls specified in paragraph (1) and must only issue a CVED permitting entry if—

(a) the consignment complies with the requirements relating to it in the relevant instrument 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 particular, in the case of live animals the official veterinary surgeon must not issue a CVED permitting entry if—

(a) 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) 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, or any other reason provided for in legislation of the European Union;

(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;

(e) the veterinary certificate or document accompanying 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 CVED unless importation has been authorised in writing under this paragraph by the Welsh Ministers. The Welsh Ministers may only grant an authorisation if satisfied that the consignment does not pose a risk to human or animal health, or to the animal health status of the United Kingdom.

(6) The official veterinary surgeon must keep the original certificate accompanying the consignment for three years (except that, if the consignment is refused the official veterinary surgeon must stamp it accordingly, return the original to the importer and keep a copy of it for three years).

Textual Amendments

F1 Reg. 15(1)(d) inserted (1.12.2018) by The Zootechnical Standards (Wales) Regulations 2018 (S.I. 2018/1152), regs. 1(3), 9(2)

Marginal Citations

M1 OJ No. L 268, 24.9.1991, p. 56 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).

M2 OJ No. L 165, 30.4.2004, p. 1 as last amended by Commission Regulation (EU) No 208/2011 (OJ No. L 58, 3.3.2011, p. 29).