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

PART 1 E+W Additional requirements for trade [F1 with] member States

Textual Amendments

F1 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.—F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (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 M1 .]

(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

F2 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)

F3 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

M1 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 [F4 to or from] member states without a health attestation or a health certificate [F5 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

F4 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)

F5 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 [F6 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

F6 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 [F7 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

F7 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 M2 .

(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

M2 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 [F8 a member State, or brought into Wales from a] member State, in accordance with that Article.

Textual Amendments

F8 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)

[F9 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

F9 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)