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

Regulations 5 and 15

SCHEDULE 1E+WEuropean Union legislation

 F1. . .

[F2Regulation 25]

SCHEDULE 2E+WSpecific requirements for individual cases

F3 PART 1 E+WAdditional requirements for trade with member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 E+WAdditional provisions relating to imports from third countries

Arrival at premises of destinationE+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 birdsE+W

9.—(1) The Welsh Ministers are the competent authority for [F4the import of certain birds and quarantine conditions for the purposes] [F5of] [F6Commission 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.

HorsesE+W

F710.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8Ship supplyE+W

11.—(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.]

[F9Special Import ConditionsE+W

11A.—(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 [F10assimilated direct minor 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 ZealandE+W

F1112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12Regulation 26(1)]

SCHEDULE 3E+WCases to which Part 3 does not apply

Disapplication of Part 3E+W

1.  Part 3 of these Regulations does not apply in the cases set out in this Schedule.

Case 1: Personal imports and small consignmentsE+W

[F132.  Products referred to in Article 7 and Article 10 of [F14Commission Delegated Regulation (EU) 2019/2122].]

Case 2: International means of transportE+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.

[F15Case 3: Research and diagnostic samplesE+W

4.—(1) Research and diagnostic samples as defined in point (38) of Annex 1 to [F16Commission 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.

F17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F18Case 4: Consignments cleared in Great BritainE+W

5.  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 productsE+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 [F19English (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 controlE+W

7.  Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M1 and imported in accordance with a licence under that Order.

[F20Case 7: [F21Relevant] animals intended for scientific purposesE+W

8.—(1) [F22Relevant] 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 1143/2014 M2, 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.

[F23(1A) In this paragraph, “relevant animals” means—

(a)animals listed in Schedule 2 to the Animals (Scientific Procedures) Act 1986; and

(b)invertebrate animals.]

[F24(2) Sub-paragraph (1) does not apply to zebra fish, aquatic molluscs belonging to the phylum Mollusca or aquatic crustaceans belonging to the subphylum Crustacea.]

[F25(3) The reference to educational activities in sub-paragraph (1) does not apply in relation to—

(a)vertebrate animals; or

(b)honey bees (Apis mellifera) or bumble bees (Bombus spp).]]

Regulation 43

SCHEDULE 4E+WConsequential amendments

Amendment to the Bluetongue (Wales) Regulations 2008E+W

1.  After regulation 19 of the Bluetongue (Wales) Regulations 2008 M3 insert—

“ PART 3A E+WExports

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 1980E+W

2.  The Importation of Animal Products and Poultry Products Order 1980 M4, 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.”.

Regulation 26(2)

[F26SCHEDULE 5E+WApplication of, derogations from, and modifications to, Part 3 in relation to territories subject to special transitional import arrangements

PART 1E+WIntroductory

ApplicationE+W

1.  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.

InterpretationE+W

2.  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—

“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 RegulationsE+W

3.  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 2E+WDerogations from, and modifications to, Part 3 of these Regulations

Derogation from regulation 13: place of importationE+W

4.—(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 importationE+W

5.—(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) [F27Subject to sub-paragraph (3A), from 1 January 2022], relevant goods consisting of products of animal origin [F28or animal by-products not already covered by sub-paragraph (2)(c)] 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.

[F29(3A) Sub-paragraph (3) does not apply to relevant goods which—

(a)are within the scope of Article 7 or Article 10 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market; or

(b)are imported into Great Britain from the Republic of Ireland where the condition in paragraph (3B) is met.

(3B) The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland or the Republic of Ireland if they are processed there.]

(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 importationE+W

6.—(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

F30(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The documents described in sub-paragraph (1)(b) F31... must accompany the consignment of the relevant goods concerned to its place of destination.

Derogation from regulation 19(a): unchecked consignmentsE+W

7.  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 - productsE+W

8.  Regulation 20 applies as if—

[F32(a)in paragraph (1)—

(i)for “the checks at a border control post” there were substituted “checks”;

(ii)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”.

[F33Modification of regulation 23: action following failure of checks or seizure - animalsE+W

9.  Regulation 23 applies as if, in paragraph (1)—

(a)for “the checks at a border control post” there were substituted “checks”;

(b)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 productsE+W

10.—(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 3E+WAdditional rules in relation to relevant goods consisting of live animals

Live animalsE+W

11.—(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.]