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Regulations 2(4), 4, 5(1), 6(1), 7(5), 8(4), 10, 12(7)(a), 13(3), 22(2)(b) and 26

SCHEDULE 2Legislation on Intra-Community Trade

Part IBovine animals and swine

1.  Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (O.J. No. L109, 25.4.97, p. 1), as amended by, and as read with:

Relevant provisions: Articles 3.2, 4.1, 5.1, 5.2, 5.5, 6.1, 6.2, 6.3, 7 (in the case of imports), and 12.3.

(a)The official health certificate accompanying all cattle imported into Northern Ireland from Spain must contain the statement: “Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro-pneumonia”.

(b)The official health certificate accompanying all cattle imported into Northern Ireland from Portugal must contain the statement: “Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia”.

(c)In the event of the prohibition on the export of cattle from Northern Ireland imposed by Commission Decision 98/256/EC on emergency measures to protect against Bovine Spongiform Encephalopathy (O.J. No. L113, 15.4.98, p.32) as amended by Commission Decision 98/564/EC (O.J. No. L273, 9.10. 98, p. 37) being revoked so as to allow the despatch of cattle from Northern Ireland to another member State or a third country, the official health certificate accompanying all cattle exported from Northern Ireland to Denmark or Finland must contain the statement: “Bovines in accordance with Commission Decision 93/42/EEC of 21st December 1992 concerning IBR for bovines being sent to Member States or Regions listed in the Annex to the said Decision”.

(d)In the event of the prohibition on the export of cattle from Northern Ireland imposed by Commission Decision 98/256/EC on emergency measures to protect against Bovine Spongiform Encephalopathy (O.J. No. L113, 15.4.98, p. 32) as amended by Commission Decision 98/564/EC (O.J. No. L273, 9.10. 98, p. 37) being revoked so as to allow the despatch of cattle from Northern Ireland to another Member State or a third country, the official health certificate accompanying all cattle exported from Northern Ireland to Austria and Sweden must contain the statement: “Bovines in accordance with Commission Decision 95/109/EC”.

(e)In accordance with Commission Decision 95/108/EC the importation into Northern Ireland from the Italian region of Sardinia of animals of the suidae family is prohibited.

Bovine semen

2.  Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (O.J. No. L194, 22.7.88, p. 10), as amended by, and as read with:

Relevant provisions: Articles 3, 4.1 and 6.

Bovine embryos

3.  Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (O.J. No. L302, 19.10. 89, p. 1), as amended by, and as read with:

Relevant provisions: Articles 3 and 6.

Equidae

4.  Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L224, 18.8.90, p. 42), as amended by, and as read with:

Relevant provisions: Articles 4, 5, 7.1 and 8.

(a)The requirements of Articles 4.1, 4.2 and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of registered horses accompanied by an identification document provided for in Council Directive 90/427/EEC (O.J. No. L224, 18.8.90, p. 55).

(b)The derogation permitted under Article 7.2 shall not apply in relation to equidae brought into Northern Ireland.

Porcine semen

5.  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 (O.J. No. L224, 18.8.90, p. 62), as amended by, and as read with:

Relevant provisions: Articles 3, 4.1, 4.2 and 6.1.

Poultry and hatching eggs

6.  Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs (O.J. No. L303, 30.10.90, p. 6), as amended by, and as read with:

Relevant provisions: Articles 6 to 11, 12.1 and 15 to 17.

(a)The official health certification accompanying breeding poultry exported from Northern Ireland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 95/160/EC of 21 April 1995.

(b)The official health certification accompanying day-old chicks exported from Northern Ireland to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 95/160/EC of 21 April 1995.

(c)The official health certification accompanying laying hens exported from Northern Ireland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 95/161/EC of 21 April 1995.

(d)The official health certification accompanying poultry for slaughter exported from Northern Ireland to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22 June 1995.

Animal waste

7.  Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feeding stuffs of animal or fish origin (O.J. No. L363, 27.12.90, p. 51), as amended by, and as read with:

Relevant provisions: Articles 3, 5 and 15.

Aquaculture animals and products

8.—(1) Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (O.J. No. L46, 19.2.91, p. 1), as amended by, and as read with:

Relevant provisions: Articles 3, 4, 7 to 11, 14 and 16.

(a)Aquaculture animals and products from Iceland and Norway to which Directive 91/67/EEC applies must be imported at a border inspection post.

(b)In accordance with the derogation in paragraph 8 of Annex 1 of the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation the provisions of Directive 91/67/EEC shall not apply to imports of live fish and crustaceans as well as eggs and gametes of fish and crustaceans for farming or restocking which come from Iceland or Norway, Northern Ireland shall retain existing national measures in respect of imports of these animals and animal products.

Fish other than farmed fish

(2) Council Directive 91/439/EEC laying down the health conditions for the production and placing on the market of fishery products (O.J. No. L268, 24.9.91, p. 15), as amended by, and as read with:

Relevant provisions: Article 4 of Council Directive 91/493/EEC.

Live bivalve molluscs

(3) Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (O.J. No. L268, 24.9.91, p. 1), as amended by, and as read with Council Directive 97/61/EC (O.J. No. L295, 29.10.97, p. 35).

Relevant provisions: Articles 3(1)a-i, 3(2), 4, 7, 8 and 9.

Ovine and caprine animals

9.  Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (O.J. No. L46, 19.2.91, p. 19), as read with:

Relevant provisions: Articles 4, 5, 6 and 9.

(a)Only uncastrated rams for breeding which have been tested for contagious epididimytis (Brucella ovis) in accordance with Article 6.c of Council Directive 91/68/EEC may be imported into Northern Ireland.

(b)The official health certification accompanying all sheep and goats for fattening and breeding imported into Northern Ireland must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.

(c)In accordance with the derogation provided for in Article 12 of Council Directive 91/68/EEC, the requirements of Articles 4(1)(b) and 9 of Directive 91/68 in relation to inspection and health certification shall not apply in respect of the export to or the import from the Republic of Ireland of any ovine or caprine animals.

Other animals, semen, ova and embryos

10.  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 Council Directive 90/425/EEC (O.J. No. L268, 14.9.92, p. 54), as amended by, and as read with:

Relevant provisions: Articles 3 to 9, 10.1, 10.2 (only insofar as it concerns exports) and 11 to 13.

(a)By way of derogation from the requirements of article 5.1, the Department may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual.

(b)The importation into Northern Ireland of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977. Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least one month.

(c)Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions.

Pathogens

11.  Council Directive 92/118/EEC laying down animal 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 (O.J. No. L62, 15.3.93, p. 49).

Relevant provisions: Articles 6 and 7.1.

Pure-bred animals of the bovine species

12.  Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (O.J. No. L206, 12.8. 77, p. 8), as amended by, and as read with:

Relevant provisions: Articles 5 and 7.

Breeding animals of the porcine species

13.  Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (O.J. No. L382, 31.12. 88, p. 36), as amended by, and as read with:

Relevant provisions: Articles 2.2, 5, 7.2 and 9.

Pure-bred breeding sheep and goats

14.  Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (O.J. No. L153, 6.6. 89, p. 30), as amended by, and as read with:

Relevant provisions: Articles 3.2 and 6.

Registered Equidae

15.  Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (O.J. No. L224, 18.8.90, p. 55), as amended by, and as read with:

Relevant provisions: Articles 6 and 8.

Part IIAdditional requirements for the transport of cattle and pigs

1.  Any person transporting cattle or pigs in intra-Community trade shall do so in accordance with this Part.

2.  He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall keep the register for three years—

(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;

(e)the unique identifying number of accompanying health certificates.

3.  He shall ensure that the means of transport is constructed in such a way that the animal faeces, litter or feed cannot leak or fall out of the vehicle.

4.  He shall ensure that all cleansing and disinfection of the vehicle is either—

(a)carried out at facilities approved for the purpose by the Department under this paragraph (which must include facilities for storing litter and faeces) or

(b)carried out by a third party, in which case he shall provide to the Department on request documentary evidence that this has been done.

5.  He shall give a written undertaking to the Department stating that—

(a)all measures have been taken to ensure compliance with Council Directive 64/432/EEC as amended, and in particular the provisions laid down in Article 12 of that Directive relating to the appropriate documentation that must accompany the animals; and

(b)the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

Part IIIAdditional requirements for dealers in cattle and pigs

1.  If a person is a dealer in cattle or pigs, he shall not engage in intra-Community trade in cattle or pigs unless he complies with the provisions of this Part.

2.  The dealer shall be registered with the Department, approved by the Department in accordance with this Part, and have a registration number issued by the Department.

3.  The Department shall only issue an approval if it is satisfied that the dealer will comply with the provisions of this Part.

4.  The dealer shall ensure that he only imports or exports animals that are identified and come from herds that are officially free from tuberculosis, brucellosis and leukosis, or are slaughter animals meeting the requirements of Article 6.3 of Council Directive 64/432/EEC.

5.  The dealer shall keep a record for all cattle and pigs which he imports or exports, either on the basis of identification numbers or marks on the animals, and keep the record for three years, of—

(a)the name and address of the seller;

(b)the origin of the animals;

(c)the date of purchase;

(d)the categories, number and identification of bovine animals;

(e)the registration number of the holding of origin or the herd of origin of pigs;

(f)the registration number of the transporter or the licence number of the lorry delivering and collecting animals;

(g)the name and address of the buyer and the destination of the animals;

(h)copies of route plans and numbers of health certificates.

6.  In the case of a dealer who keeps animals on his premises, the dealer shall ensure that—

(a)specific training in the care and welfare of animals is given to the staff in charge of the animals;

(b)all necessary steps are taken to prevent the spread of disease.

7.—(1) The dealer shall only use premises approved for the purpose by the Department under this paragraph.

(2) The Department shall issue an approval number for premises approved under this paragraph if it is satisfied that the premises comply with Article 13.2 of Council Directive 64/432/EEC.