The Trade in Animals and Related Products Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/1197 |
| Year | 2011 |
2011 No. 1197
Animals, England
Agriculture, England
The Trade in Animals and Related Products Regulations 2011
Made 27th April 2011
Laid before Parliament 4th May 2011
Coming into force 25th May 2011
The Secretary of State is a Minister designated1for the purposes of making Regulations under section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Union.
These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to the European instruments in Schedule 1 to these Regulations to be construed as references to those instruments as amended from time to time.
In accordance with section 56(1) of the Finance Act 19733, the Treasury consent to the making of these Regulations.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and section 56(1) of the Finance Act 1973.
PART 1
Introduction
Title, application and commencement
1. These Regulations may be cited as the Trade in Animals and Related Products Regulations 2011; they apply in England and come into force on 25th May 2011.
Interpretation
2.—(1) In these Regulations—
“animal” means an animal of any kind, including a bird, fish or invertebrate;
“enforcement authority” has the meaning given in regulation 31;
“genetic material” means hatching eggs and animal semen, ova or embryos;
“product” means a product listed in Annex I to Commission Decision 2007/275/EC(concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EECand 97/78/EC4) and, in addition, hay and straw.
(2) All references in Schedule 1 to European Union instruments are references to those instruments as amended from time to time.
Exceptions for pet animals
3.—(1) These Regulations do not apply in relation to pets accompanied by and under the responsibility of a natural person, where—
(a)
(a) the movement is not the subject of a commercial transaction; and
(b)
(b) (in the case of cats, dogs and ferrets) not more than five animals are travelling with the person.
(2) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No. 998/2003(on the animal health requirements applicable to the non-commercial movement of pet animals5).
International agreements
4. Trade with Iceland, Liechtenstein, Norway and Switzerland under any agreement between those countries and the European Union is treated as trade between member States for the purposes of these Regulations.
PART 2
Movement between member States
Movement of animals and genetic material between member States
5.—(1) No animal or genetic material may be consigned to another member State, or brought into England from another member State, unless it is accompanied by the completed, signed health certificate required for that animal or genetic material in the relevant instrument in Schedule 1.
(2) The consignee of an incoming consignment must keep the certificate for at least three years.
Preparation of a health certificate
6.—(1) In order to prepare a health certificate for the consignment of an animal or genetic material to another member State, the person intending to despatch the consignment must apply to the Secretary of State for a uniquely numbered certificate.
(2) The certificate must then be completed by a person authorised to do so by the Secretary of State, in accordance with the instructions sent by the Secretary of State with the certificate.
(3) The person completing the certificate must ensure that the conditions specified in the certificate are fulfilled and that all necessary examinations have been carried out.
(4) If everything is in order the person must sign the certificate.
(5) No person may sign a certificate unless authorised by the Secretary of State.
(6) No person may sign a certificate knowing it to be false, or not believing it to be true.
Notification of movement of animals and genetic material between member States
7.—(1) No animal or genetic material may be consigned to another member State unless the consignor has notified the competent authority of the member State of destination, at least 24 hours in advance of the intended arrival of the consignment and using the Traces system established under Commission Decision 2004/292/EC(on the introduction of the Traces system6).
(2) No animal or genetic material may be brought into England from another member State unless the person bringing in the consignment has notified the Secretary of State, at least 24 hours in advance of the intended arrival of consignment.
Additional requirements in specific cases
8. Part 1 of Schedule 2 makes additional requirements for specific cases.
PART 3
Importation from a third country
Scope of this Part
9. This Part applies in relation to the importation into England from a country outside the European Union of any animal or product specified in Commission Decision 2007/275/EC, including a situation where the ultimate destination is outside England.
Meaning of “CVED”
10. “CVED” means the Common Veterinary Entry Document specified in—
(a) Commission Regulation (EC) No. 136/2004laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries7; and
(b) Commission Regulation (EC) No. 282/2004introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community8.
Border inspection post
11.—(1) A border inspection post is a port or airport approved as such by the European Commission9.
(2) If at any time the Secretary of State or the district council where the border inspection post is situated is of the opinion that any part of the inspection facilities at the border inspection post no longer complies with the requirements for approval, the Secretary of State or the council may serve a notice on the operator—
(a)
(a) specifying the breach;
(b)
(b) providing a time limit within which the conditions must be complied with; and
(c)
(c) prohibiting the use of that part of the facilities until the conditions of the approval are complied with.
(3) If the notice is not complied with the Secretary of State may suspend the approval in relation to that part of the inspection facilities.
(4) If the operator of a border inspection post is in serious breach of the requirements for a border inspection post set out in Annex II to Council Directive 97/78/EC(laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries10) or the conditions of the approval, and in particular if the operation of the border inspection post creates a risk to human or animal health, the Secretary of State must suspend its approval and must inform the Commission and the other member States of the suspension and the reason.
Appointment of official veterinary surgeons and official fish inspectors
12.—(1) The Secretary of State must appoint suitably trained veterinary surgeons to be official veterinary surgeons for any border inspection post authorised to import animals.
(2) The district council for an area with a border inspection post authorised to import products must appoint suitably trained veterinary surgeons to be official veterinary surgeons for that post.
(3) The appointment under paragraph (2) may be made by the Secretary of State rather than the district council if the approval for the border inspection post only permits the importation of animal by-products.
(4) If the approval for the border inspection post permits the importation of any product (other than snails) for human consumption listed in Chapter 3 of Annex I to Commission Decision 2007/275/ECthe district council may appoint suitably trained environmental health officers to be official fish inspectors for that post in relation to fish and fishery products, and that inspector has all the powers of an official veterinary surgeon in relation to those products.
Place of importation
13. No animal or product may be brought into England other than at a border inspection post designated for that animal or product.
Notification of importation
14.—(1) In the case of animals the person responsible for a consignment must notify its arrival to the border inspection post at least one working day before it is due to arrive.
(2) In the case of products the person responsible for a consignment must notify its arrival to the border inspection post before the consignment is unloaded from the means of transport that brought it to England.
(3) The notification must be made by submitting the CVED with Part I completed.
(4) In the case of transhipment of products to another member State the person responsible for the consignment must notify the official veterinary surgeon at the border inspection post of arrival at the time of arrival, of—
(a)
(a) the estimated time of unloading of the consignment;
(b)
(b) the border inspection post at which it will be checked;
(c)
(c) the location of the consignment; and
(d)
(d) the estimated time of departure.
Procedure on importation
15.—(1) When the consignment has been unloaded, the person responsible for...
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