The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005

Citation and commencement

1.  These Regulations may be cited as the Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 7th November 2005.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005

3.  The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005(2) shall be amended in accordance with these Regulations.

4.  In paragraph (1) of Regulation 2 (Interpretation)—

(a) After “2.—(1) In these Regulations—” there shall be inserted—

““approved assembly centre” means an assembly centre approved by the Department in accordance with regulation 12;”;

(b) After “dealer” there shall be inserted—

““the Department” means the Department of Agriculture and Rural Development;”.

5.  For paragraph 4 of Regulation 2 (Interpretation) there shall be substituted the following paragraphs—

“(4) References in these Regulations to the European Union legislation listed in this paragraph shall be construed as follows—

“Commission Regulation (EC) No. 282/2004” means Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(3)

“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(4), as amended by and as read with the instruments listed in paragraph 1 of Part I of Schedule 2;

“Council Directive 90/425/EEC” has the meaning given in paragraph 4(a);

“Council Directive 90/427/EEC” means Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae(5), as amended by and as read with the instruments listed in paragraph 17 of Part I of Schedule 2;

“Council Directive 90/539/EEC” means Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(6), as amended by and as read with, in relation to intra-Community trade with the instruments listed in paragraph 6 of Part I of Schedule 2 and in relation to imports from third countries, the instruments listed in paragraph 9 of Part II of Schedule 4;

“Council Directive 91/67/EEC” means Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products(7), as amended by and as read with the instruments listed in paragraph 8 of Part I of Schedule 2;

“Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals(8), as amended by and as read with the instruments listed in paragraph 11 of Part I of Schedule 2;

“Council Directive 91/496/EEC” has the meaning given in paragraph 4(b);

“Council Directive 92/65/EEC” means 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(1) to Council Directive 90/425/EEC(9), as amended by and as read with, in relation to intra-Community trade, the instruments listed in paragraph 12 of Part I of Schedule 2, and in relation to imports from third countries, the instruments listed in paragraph 10 of Part II of Schedule 4;

“Regulation (EC) No. 998/2003” means Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC(10), as amended by Commission Regulation (EC) No. 2054/2004(11);

(4A) Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears in the following instruments—

(a) Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market(12) as amended by and as read with the instruments listed in paragraph 1 of Schedule 1; and

(b) Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries(13), as amended by and as read with the instruments listed in paragraph 2 of Schedule 1.”.

6.  In Regulation 4 (Application of Part II) the words—

“(concerning the animal health conditions governing the placing on the market of aquaculture animals and aquaculture products.)” shall be omitted.

7.  In Regulation 5 (Exports)—

(a) for sub-paragraph 1(d) there shall be substituted the following—

“(d) if the animal is acquired through or transits an assembly centre, that centre is an approved assembly centre.”

(b) in paragraph (6) the words—

• “(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 (1) to Council Directives 90/425/EEC)” shall be omitted.

8.  In Regulation 6 (Imports) in sub-paragraphs (4)(a) and (b) and in paragraph (6) there shall be inserted the word “approved” before the words “assembly centre”.

9.  In paragraph (1) of Regulation 11 (Duties on consignees) the words “(on the zootechnical and genealogical conditions governing intra-Community trade in equidae)” shall be omitted.

10.  For sub-paragraph (2)(a) of Regulation 12 (Assembly centres and slaughterhouses) there shall be substituted—

“(a) in the case of an assembly centre used for cattle or pigs, the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC.”

11.  Schedule 2 shall be substituted by Schedule 2 as set out in Schedule 1 to these Regulations.

12.  Schedule 4 shall be substituted by Schedule 4 as set out in Schedule 2 to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 10th October 2005

L.S.

Liam McKibben

A senior officer of the the

Department of Agriculture and Rural Development