The Animals and Animal Products (Import and Export) (Wales) Regulations 2006

Illegal consignments

22.—(1) Where checks at the quarantine centre, quarantine facility or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(1), as amended by Council Directive 95/29/EC(2), a veterinary inspector must, by notice served on the person appearing to the veterinary inspector to be in charge of those animals, require that person to—

(a) shelter, feed and water and, if necessary, treat the animals;

(b) place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Wales; or

(c) re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.

(2) Before exercising any of the powers in paragraph 22 the veterinary inspector must consult the importer or the importer’s representative.

(3) If the animals are re-despatched in accordance with sub-paragraph (1)(c), the official veterinarian must cancel the veterinary certificate accompanying the rejected consignment and complete the box 'details of re-consignment' in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.

(4) If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, the veterinary inspector must serve a notice on the person appearing to him or her to be in charge of the animals in accordance with the following paragraph.

(5) A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, must either—

(a) order the slaughter of the animals for purposes other than human consumption, or

(b) order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.

(6) In the event of a notice served under paragraph (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

(7) The importer or the importer’s representative are liable for the costs incurred in measures under this regulation, but are entitled, after deduction of costs, to the proceeds of any sale.

(1)

OJ No. L340, 11.2.91, p.17.

(2)

OJ No. L148, 30.6.95, p. 52.