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

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 M1	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 M2	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 M3	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 M4	Porcine semen
Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals M5	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 M6	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 M7	Miscellaneous products
Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC M8	Residues
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 M9	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 M10	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 M11	Certain live ungulate animals including bovine, ovine, caprine, porcine
Commission Regulation (EC) No. 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries M12	Hay and straw
Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M13	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 M14	Animal products for human consumption
Regulation (EC) No. 854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption M15	Animal products for human consumption
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 M16	Official controls on feed, food, animal health and animal welfare
Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene M17	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 M18	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 M19	Aquatic animals
Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae M20	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 M21	Poultry and hatching eggs
Regulation (EC) No. 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed M22	Animal feed
Council Regulation (EC) No. 1069/2009 laying down the health rules as regards animal by-products and derived products not intended for human consumption M23	Animal by-products
[F1 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	Purebred breeding animals, hybrid breeding pigs and the germinal products thereof]

Textual Amendments

F1 Words in Sch. 1 inserted (1.12.2018) by The Zootechnical Standards (Wales) Regulations 2018 (S.I. 2018/1152), regs. 1(3), 9(3)

Marginal Citations

M1 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).

M2 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).

M3 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).

M4 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).

M5 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).

M6 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).

M7 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).

M8 OJ No. L 125, 23.5.1996, p. 10 as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (OJ No. 188, 18.7.2009, p. 14).

M9 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).

M10 OJ No. L 18, 23.1.2003, p. 11.

M11 OJ No. L 139, 30.4.2004, p. 321.

M12 OJ No. L 21, 28.1.2004, p. 11 as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council.

M13 OJ No. L 139, 30.4.2004, 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).

M14 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).

M15 OJ No. L 139, 30.4.2004, p. 206 as last amended by Commission Regulation (EU) No 151/2011 (OJ No. L 46, 19.2.2011, p. 17).

M16 OJ No. L 165, 30.4.2004, p. 1 as last amended by Commission Regulation (EU) No 208/2011 (OJ No L 583.3.2011 p.29).

M17 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).

M18 OJ No. L 116, 4.5.2007, p. 9.

M19 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).

M20 OJ No. L 192, 23.7.2010, p. 1.

M21 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).

M22 OJ No. L 229, 1.9.2009, p. 1 as last amended by Commission Regulation (EU) No 939/2010 (OJ No. L 277, 21.10.2010, p. 4).

M23 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).

Regulations 8 and 25

SCHEDULE 2 E+W Specific requirements for individual cases

PART 1 E+W Additional requirements for trade between member States

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.—(1) Any person transporting cattle, pigs, sheep or goats between member States must comply with this paragraph.

(2) The transporter must be approved for the purpose by the Welsh Ministers.

(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.

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 between member states without a health attestation or a health certificate.

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 between 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.

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 between 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.

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 M24 .

(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

M24 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 another member State, or brought into Wales from another member State, in accordance with that Article.

[F2 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

F2 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 [F3 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

F3 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

[F4 10.   When a horse is imported temporarily from a third country, the provisions of Section 7 of Commission Implementing Regulation (EU) 2018/659 apply.]

Textual Amendments

F4 Sch. 2 para. 10 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(12)(b)

Ships stores E+W

11.  A product that does not comply with import requirements and is sent from a border inspection post to a ship must be accompanied by the certificate referred to in the instrument in Schedule 1 relating to that product, and the master of the vessel must confirm delivery of the product by signing the certificate specified in Commission Decision 2000/571/EC (laying down the methods of veterinary checks for products from third countries destined for introduction into free zones, free warehouses, customs warehouses or operators supplying cross border means of sea transpor M25 )) and returning it as soon as is reasonably practicable to the official veterinary surgeon at the border inspection post.

Marginal Citations

M25 OJ No. L 240, 23.9.2000, p. 14.

Charges for veterinary checks from New Zealand E+W

12.  The charge for veterinary checks carried out on a consignment from New Zealand is 1.5 euro for each tonne of the consignment, subject to a minimum of 30 euro and a maximum of 350 euro, save that where the actual cost of the veterinary checks carried out on a consignment exceeds 350 euro, the amount of the charge is the actual cost.

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

2.  The products of animal origin specified in Article 2 of Commission Regulation (EC) No 206/2009 on the introduction into the Community of personal consignments of products of animal origin M26 .

Marginal Citations

M26 OJ No. L 77, 24.3.2009, p. 1.

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.

Case 3: Trade samples and samples for particular study or analysis E+W

4.—(1) Products sent as trade samples or intended for exhibitions provided that they are not intended to be marketed and have been authorised in advance for that purpose by the Welsh Ministers.

(2) Products intended for particular studies or analyses provided that such products are not intended for human consumption and have been authorised in advance for that purpose by the Welsh Ministers.

(3) When the exhibition is finished or when the particular studies or analyses have been carried out, these products, with the exception of the quantities used for the analyses, must be destroyed or redispatched as specified in the import authorisation.

(4) This case does not apply in relation to any product controlled under 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 repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (the rules for those products are laid down in that Regulation).

Case 4: Consignments cleared in another member State E+W

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

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 M27 and imported in accordance with a licence under that Order.

Marginal Citations

M27 S.I. 1974/2211 to which there are amendments not relevant to these Regulations.

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 M28 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

M28 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 M29 , 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

M29 S.I. 1980/14 to which there are amendments not relevant to these Regulations.