Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000

Interpretation

2.—(1) In these Regulations—

“assembly centre” means holdings, collection centres and markets, at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade and approved by the Department in accordance with regulation 12;

“border inspection post” means a border inspection post as defined in Commission Decision 97/778/EC drawing up a list of border inspection posts agreed for veterinary checks on products and animals from third countries, laying down detailed rules concerning the checks to be carried out by the experts of the Commission and repealing Decision 96/742/EC(1);

“dealer” means any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of these animals and who within 30 days of purchasing animals resells or relocates them from the first premises to other premises not within his ownership;

“Department” means the Department of Agriculture and Rural Development for Northern Ireland;

“equidae” means wild or domesticated animals of the equine (including zebras) or asinine species or the offspring or crossings of those species;

“European international instruments” means the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland(2), 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(3) and the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(4);

“export” means sent out of Northern Ireland by any means whatsoever;

“import” means brought into Northern Ireland by any means whatsoever;

“importer” in relation to any imported animal or animal product means any person who, whether as owner, consignor, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of that animal or product;

“inspector” means the person appointed to be an inspector for the purposes of these Regulations by the Department and includes a veterinary inspector;

“member State” means any member State of the European Union other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands;

“official veterinary surgeon” means a veterinary inspector designated to act as such by the Department;

“place of destination” in relation to any animals or animal products means the address or addresses to which the animals or products are consigned by the consignor;

“required consignment documentation” means any certificates or other documents which are required by these Regulations to accompany the consignment; and

“veterinary inspector” means any person appointed as a veterinary inspector by the Department.

(2) Any other expressions used in these Regulations have the meaning they bear in 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(5)) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries(6)) both of which have been amended by the legislation listed in Schedule 1; and, for cattle and pigs, Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine(7).

(3) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(4) Any reference in these Regulations to an instrument of the European Community is to that instrument as amended by the instruments listed in Schedules 1,2 or 4 as amending it.

(5) All notices served on any person under these Regulations—

(a) shall be in writing;

(b) may be made subject to such conditions as are specified therein; and

(c) may be amended, suspended or revoked by a further notice in writing served on the same person at any time.

(6) Any person on whom a notice is served under these Regulations shall comply with the requirements thereof.

(1)

O.J. No. L315, 19.11.97, p. 15

(2)

O.J. No. L73, Special Edition, 27.3.72

(3)

O.J. No. L1, 3.1.94, p. 1

(4)

O.J. No. C241, 29.8.94, p. 21, as amended by O.J. No. L1, 1.1.95, p. 1

(5)

O.J. No. L224, 18.8.90, p. 29 as read with the provisions listed in Schedule 1

(6)

O.J. No. L268, 24.9.91, p. 56 as read with the provisions listed in Schedule 1

(7)

See Council Decision 97/12/EC (O.J. No. L109, 25.4.97, p. 1) as read with the provisions listed in Schedule 1

(8)

1954 c. 33 (N.I.)