The Trade in Animals and Related Products Regulations (Northern Ireland) 2011

Procedure on importationN.I.

[F115.—(1)  When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the [F2relevant health certificate published by the Department of Agriculture, Environment and Rural Affairs], 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 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.

(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 CHED permitting entry if—

(a)the consignment complies with the [F3conditions of trade relevant to it in any retained EU law or European Union] instrument listed in Schedule 2;

(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 Department 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 Department is 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.]