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

[F1 Border Control Posts N.I.

11.— (1) A border control post is a place, together with the facilities contained at that place, that has been designated by the Department in accordance with Article 59 and listed by the European Commission in accordance with Article 60 for the performance of the official controls set out in Article 47(1) of the EU Regulation.

(2) If at any time the relevant authority is of the opinion that any part of the inspection facilities at the border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the EU Regulation, serve a notice on the operator—

(a) specifying the breach;

(b) providing a time limit within which the conditions must be complied with; and

(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 Department may suspend the approval in relation to that part of the inspection facilities.

(4) If the operator of a border control post is determined by the relevant authority to be in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which it has been designated, or the conditions of the approval, or if the operation of the border control post creates a risk to human or animal health or animal welfare, the Department must suspend the approval of the border control post and order its activities to cease for all, or specified categories of animal or product, and must inform the Commission of the suspension and the reason.

(5) In this regulation, “the relevant authority” means—

(a) in relation to animals and genetic material, the Department; or

(b) in relation to products, the Department or the district council as the case may be.]

Textual Amendments

F1 Reg. 11 and heading substituted (14.12.2019) by The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 20(11)

Modifications etc. (not altering text)

C1 Reg. 11 excluded (18.11.2013) by The African Horse Sickness Regulations (Northern Ireland) 2013 (S.R. 2013/244), regs. 1, 4(b) (with reg. 4)