SCHEDULE 1European 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/EECM6 | 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/EECM7 | Miscellaneous products |
F8. . . | F8. . . |
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 M8 | 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 M9 | 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 M10 | Certain live ungulate animals including bovine, ovine, caprine, porcine |
F8. . . | F8. . . |
Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs | 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 M11 | Animal products for human consumption |
F8. . . | F8. . . |
F8. . . | F8. . . |
Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene M12 | 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/ECM13 | 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 M14 | Aquatic animals |
Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae M15 | 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 M16 | Poultry and hatching eggs |
F8. . . | F8. . . |
Council Regulation (EC) No. 1069/2009 laying down the health rules as regards animal by-products and derived products not intended for human consumption M17 | Animal by-products |
F9Regulation (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 | F11Purebred breeding animals, hybrid breeding pigs and the germinal products thereof |
F9Regulation (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 M18 and the Implementing Regulations and Delegated Regulations made under it | F10Official controls and other official activities |
SCHEDULE 2Specific requirements for individual cases
F13 PART 1 Additional requirements for trade with member States
Sch. 2 Pt. 1 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), 30(b)
Dealers in cattle, sheep, pigs or goatsF131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transport of cattle, pigs, sheep or goatsF132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HorsesF133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Poultry Health SchemeF134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approvals for the Balai DirectiveF135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CircusesF136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Animal by-productsF137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
InterpretationF138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 2 Additional provisions relating to imports from third countries
Arrival at premises of destination8
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 birds9
1
The Welsh Ministers are the competent authority for F2the import of certain birds and quarantine conditions for the purposesF12ofF1Commission 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.
HorsesF2010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Ship supply11
1
A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination.
2
Within 15 days of completion of delivery of products on board the vessel, the operator responsible for the delivery, or the representative of the master of the vessel, must send the official certificate signed by the master of the vessel (or send by electronic means and systems) to the competent authorities of the border control post of entry or the approved customs warehouse.
F14Special Import Conditions11A
1
The Welsh Ministers may by regulations impose special import conditions in respect of imports from third countries of products of animal origin intended for human consumption, having regard to the animal health situation of the third country or countries concerned and may for that purpose amend, modify or revoke any retained direct minor EU legislation made under Article 8(4) of Council Directive 2002/99/EC.
2
The power to make regulations under this paragraph—
a
is exercisable by statutory instrument;
b
includes power to make different provision for different purposes; and
c
includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Welsh Ministers consider appropriate.
3
A statutory instrument containing regulations made under this paragraph is subject to annulment in pursuance of a resolution of Senedd Cymru.
Charges for veterinary checks from New ZealandF412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3Cases to which Part 3 does not apply
Words in Sch. 3 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), 31(a)
Disapplication of Part 31
Part 3 of these Regulations does not apply in the cases set out in this Schedule.
Case 1: Personal imports and small consignmentsF52
Products referred to in Article 7 and Article 10 of F21Commission Delegated Regulation (EU) 2019/2122.
Case 2: International means of transport3
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.
F6Case 3: Research and diagnostic samples4
1
Research and diagnostic samples as defined in point (38) of Annex 1 to F18Commission Regulation (EU) No 142/2011 are exempt from veterinary checks at the border control post, provided that they have been authorised in advance by the Welsh Ministers and the consignment is sent directly from the point of entry to the authorised user.
F192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22Case 4: Consignments cleared in Great Britain5
Consignments of animals and products from third countries that have been presented to any border control post in Great Britain and cleared for free circulation.
Case 5: Composite products6
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 F23English (whether or not it also appears in any other language), 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 control7
Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M19 and imported in accordance with a licence under that Order.
F7Case 7: Invertebrate animals intended for scientific purposes8
1
Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts, other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014M22, provided that—
a
they comply with all requisite animal health requirements;
b
they have been authorized by the Welsh Ministers ;
c
when the activities relating to the scientific purposes have been carried out, they and any products derived from them, with the exception of any portions used for the scientific purposes, must be disposed of or re-dispatched to the third country of origin.
2
Sub-paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus spp), molluscs belonging to the phylum Mollusca or crustaceans belonging to the subphylum Crustacea.
SCHEDULE 4Consequential amendments
Amendment to the Bluetongue (Wales) Regulations 20081
After regulation 19 of the Bluetongue (Wales) Regulations 2008 M20 insert—
PART 3A 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.
Amendment to the Importation of Animal Products and Poultry Products Order 19802
The Importation of Animal Products and Poultry Products Order 1980 M21, insofar as it relates to Wales, is amended by inserting after article 1—
Scope1A
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.
F15SCHEDULE 5Application of, derogations from, and modifications to, Part 3 in relation to territories subject to special transitional import arrangements
Sch. 5 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), 32
PART 1Introductory
Application1
This Schedule applies to products and live animals that originate from—
a
a territory subject to special transitional import arrangements; or
b
a third country other than a territory subject to special transitional import arrangements where, before importation into Wales, the products or live animals concerned—
i
have been presented to a member State border control post recognised by the Welsh Ministers;
ii
are accompanied by a CHED which has been completed to the satisfaction of the relevant authority; and
iii
have been pre-notified.
Interpretation2
For the purposes of this Schedule—
“pre-notified” (“rhaghysbysu”) means notified using the appropriate computerised information management system;
“relevant goods” (“nwyddau perthnasol”) means products and live animals falling within paragraph 1;
“territory subject to special transitional import arrangements” (“tiriogaeth sy’n ddarostyngedig i drefniadau mewnforio trosiannol arbennig”) means—
- a
an EU member State;
- b
the Faroe Islands;
- c
Greenland;
- d
Iceland;
- e
Liechtenstein;
- f
Norway;
- g
Switzerland;
- a
“working day” (“diwrnod gwaith”) means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971.
Application of, derogations from, and modifications to, Part 3 of these Regulations3
The provisions of Part 3 of these Regulations apply to relevant goods with the derogations and modifications specified in Part 2 of this Schedule.
PART 2Derogations from, and modifications to, Part 3 of these Regulations
Derogation from regulation 13: place of importation4
1
Regulation 13 does not apply to relevant goods.
2
Relevant goods are not required to enter Wales through a border control post and may enter Wales through any point of entry.
Derogation from regulation 14: timing of notification of importation5
1
Regulation 14 does not apply to relevant goods.
2
From 1 January 2021, relevant goods of the following descriptions must be pre-notified at least one working day before the expected time of arrival at a point of entry into Wales—
a
live animals;
b
germinal products;
c
animal by-products comprising—
i
Category 1 material;
ii
Category 2 material;
iii
processed animal protein derived from Category 3 material,
iv
but where the importer 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.
3
From F261 January 2022, relevant goods consisting of products of animal origin must be pre-notified at least one working day before the expected time of arrival at a point of entry into Wales; but where the importer 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.
4
For the purposes of this paragraph—
a
“Category 1 material”, “Category 2 material” and “Category 3 material” have the meanings given in Articles 8 to 10 of Regulation (EC) No 1069/2009;
b
“processed animal protein” has the meaning given in point 5 of Annex 1 to Commission Regulation (EU) No 142/2011.
Derogation from regulation 15: procedure on importation6
1
Regulation 15 does not apply to relevant goods but—
a
official controls must take place at the place of destination indicated in the relevant accompanying importation documentation on a random or risk basis, and in accordance with regulation 29 and 35;
b
from 1 January 2021, relevant goods consisting of—
i
live animals or germinal products may not be imported into Wales unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Welsh Ministers or the Secretary of State;
ii
products of animal origin and animal by-products must be accompanied by relevant commercial documents which at least identify the premises of origin and destination, and contain a description of the product and the quantity of the product; and
F24c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The documents described in sub-paragraph (1)(b) F25... must accompany the consignment of the relevant goods concerned to its place of destination.
Derogation from regulation 19(a): unchecked consignments7
Regulation 19(a) does not apply to relevant goods which have entered Wales through a point of entry other than a border control post in accordance with this Schedule.
Modification of regulation 20: action following failure of checks or seizure - products8
Regulation 20 applies as if—
a
in paragraph (1), after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5”;
b
in paragraph (3)(b)—
i
“from the same border control post” were omitted;
ii
for “at the border control post” there were substituted “into Wales”.
Modification of regulation 23: action following failure of checks or seizure - animals9
Regulation 23 applies as if, in paragraph (1), after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5”.
Derogation from regulation 27: re-importation of animals and products10
1
Regulation 27 does not apply in the circumstances described in sub-paragraph (2).
2
Products and live animals that originate from Wales and which have been rejected from entering the European Union at a European Union border control post are not required to re-enter Wales through a Welsh border control post if—
a
in the case of products and live animals that are not high risk, notification of the re-entry has been given to the Welsh Ministers or the Food Standards Agency;
b
in the case of products and live animals that are high risk, the re-entry has been authorised in writing by the Welsh Ministers or the Food Standards Agency before the re-entry is to take place.
3
In this paragraph, “high risk” means the products or live animals are suspected of constituting a serious risk to human or animal health or animal welfare.
PART 3Additional rules in relation to relevant goods consisting of live animals
Live animals11
1
This paragraph applies in relation to relevant goods consisting of live animals.
2
The live animals must remain under restricted movement at the place of destination indicated in the health certificate until the completed and signed health certificate has been uploaded to the appropriate computerised information management system.
3
The person responsible for the transportation of the live animals to the place of destination must be in possession of the appropriate authorisation in accordance with Council Regulation (EC) No 1/2005.
Words in Sch. 2 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), 30(a)