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PART 1 E+WIntroduction

Title, application and commencementE+W

1.  The title of these Regulations is the Trade in Animals and Related Products (Wales) Regulations 2011. They apply in relation to Wales and come into force on 19 October 2011.

InterpretationE+W

2.—(1) In these Regulations—

[F1“the TARP (ALF) (Wales) (EU Exit) Regulations 2022” (“Rheoliadau’r FAChP (DSD) (Cymru) (Ymadael â’r UE) 2022”) means the Trade in Animals and Related Products (Amendment and Legislative Functions) and Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022;]

“animal” (“anifail”) means an animal of any kind, including a bird, fish or invertebrate;

[F2“appropriate computerised information management system” (“system rheoli gwybodaeth gyfrifiadurol briodol”) means the computerised information management system for official controls referred to in Article 131 of the Official Controls Regulation;]

[F2“border control post” (“safle rheoli ar y ffin”) has the meaning given in regulation 11;]

[F2“CHED” (“DMIG”) has the meaning given in regulation 10;]

“enforcement authority” (“awdurdod gorfodi”) has the meaning given in regulation 31;

[F3“genetic material” (“deunydd genetig”) means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;]

[F4“health certificate” (“tystysgrif iechyd”) in these Regulations includes the equivalent of a health certificate in electronic form;]

[F4“importer” (“mewnforiwr”) means the natural or legal person who presents animals or products for importation from outside the [F5British Islands];]

[F4“intensified official controls” (“rheolaethau swyddogol dwysach”) means those controls carried out in accordance with Article 65(4) of the [F6Official Controls Regulation];]

“local authority” (“awdurdod lleol”) means in relation to an area, the county or county borough council for that area;

[F4“official controls” (“rheolaethau swyddogol”) means activities performed in accordance with Article 2(1) of the [F7Official Controls Regulation];]

“port health authority” (“awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

[F4“premises” (“mangre”) includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;]

[F8“product” (“cynnyrch”) means—

(a)

any product of animal origin, germinal product, animal by-product, derived product or hay or straw subject to official controls at border control posts, and

(b)

any composite product listed in Commission Decision 2007/275 concerning lists of animals and products to be subject to official controls at border [F9control] posts;]

[F2“third country” (“trydedd wlad”) means any country or territory other than the British Islands]

[F10“the transitional staging period” (“ycyfnod graddoli trosiannol”) has the meaning given in Annex 6 to the Official Controls Regulation.]

F11(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(3) In these Regulations,—

(a)[F13“ Official Controls Regulation ” (“Rheoliad Rheolaethau Swyddogol”)] is a reference to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;

(b)“Regulation (EU) No. 2016/1012” (“Rheoliad (EU) Rhif 2016/1012”) is a reference to Regulation (EU) No. 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof M1;

(c)any reference to a “border inspection post” (“arolygfa ffin”) is to be read as a reference to a “border control post” (“safle rheoli ar y ffin”) as defined in regulation 11; and

F14(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F15(4) The terms used in Schedule 6 have the same meaning as in Commission Regulation (EU) No 142/2011.]

Textual Amendments

Marginal Citations

M1OJ No. L 171, 29.6.2016, p. 66.

[F16[F17Pet animals]E+W

3.—(1) These Regulations do not apply in relation to pet animals where—

(a)the movement is a non-commercial movement, and

(b)in the case of cats, dogs and ferrets—

(i)the pet animal is accompanying the owner or authorised person, or

(ii)where more than five pet animals are accompanying the owner or authorised person, the conditions set out in Article 5(2) of the Pets Regulation are fulfilled.

[F18(1A) In addition to the requirements of these Regulations, dogs, cats and ferrets not exempted by paragraph (1) must not be moved into Wales from a third country unless they comply with the requirements set out in—

(a)points (a) to (d) of Article 10(1), subject to paragraph (1) of Article 12, of the Pets Regulation; and

(b)Commission Implementing Decision (EU) 2019/294 laying down the list of territories and third countries authorised for imports of dogs, cats and ferrets and the model animal health certificate for such imports.]

(2) In this regulation—

“accompanying” (“mynd gyda”) has the same meaning as in the Pets Regulation;

“authorised person” (“person awdurdodedig”), “non-commercial movement” (“symud anfasnachol”) and “owner” (“perchennog”) have the meanings given by Article 3 of the Pets Regulation;

“pet animal” (“anifail anwes”) has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases M2;

“the Pets Regulation” (“y Rheoliad Anifeiliaid Anwes”) means Regulation (EU) No. 576/2013 M3 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No. 998/2003.]

Textual Amendments

Marginal Citations

M2OJ No. L 84, 31.3.2016, p. 1.

M3OJ No. L 17, 28.6.2013, p. 1.

International agreementsE+W

F194.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 PART 2 E+WMovement between member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 3 E+WImportation from a third country

Scope of this PartE+W

9.  [F21Subject to regulation 26, this Part] applies in relation to the importation into Wales from a [F22third country] of any animal or product [F23subject to official controls at border control posts].

Textual Amendments

[F24Meaning and use of Common Health Entry Document “CHED”E+W

10.—(1) A “Common Health Entry Document” (“CHED”) (“Dogfen Mynediad Iechyd Gyffredin” (“DMIG”)) means a document, or an electronic equivalent, in the format specified in Commission Implementing Regulation (EU) (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components M4.

(2) Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant parts of the document prior to the physical arrival of the consignment.

(3) The cases where and conditions under which the use of a CHED is required are specified in Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination M5.

(4) Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the [F25Official Controls Regulation].

(5) An electronic equivalent refers to a CHED capable of being produced at any time by the person responsible for the consignment.]

Textual Amendments

Marginal Citations

M4OJ No. L 261, 14.10.2019, p. 37.

M5OJ No. L 250, 30.7.2019, p. 6.

[F26Border control postsE+W

11.—(1) A border control post is a place, together with the facilities contained at that place, that has been designated by the Welsh Ministers in accordance with Article 59 of the [F27Official Controls 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 [F28Official Controls 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 Welsh Ministers 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 relating to the performance requirements 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 Welsh Ministers must suspend the approval of the border control post and order its activities to cease for all, or specified, categories of animal or productF29....

(5) In paragraph (2), “the relevant authority” (“yr awdurdod perthnasol”) means—

(a)in relation to animals, the Welsh Ministers; or

(b)in relation to products, the local authority.]

Textual Amendments

Appointment of official veterinary surgeons and official fish inspectorsE+W

12.—(1) The Welsh Ministers must appoint suitably trained veterinary surgeons to be official veterinary surgeons for any border inspection post authorised to import animals.

(2) The local authority 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 Welsh Ministers rather than the local authority if the approval for the border inspection post only permits the importation of animal by-products.

[F30(4) If the approval for the border control post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live [F31echinoderms, live tunicates and live marine gastropods and composite products containing processed fishery products intended for human consumption, the enforcement authority] may appoint suitably trained environmental health officers or other persons who are appropriately trained to perform official controls or certain tasks related to other official activities, to be official fish inspectors for that post in relation to such products, and any such official fish inspector has all the powers of an official veterinary surgeon in relation to those products.]

Textual Amendments

Place of importationE+W

13.  No animal or product may be brought into Wales other than at a border inspection post designated for that animal or product.

Notification of importationE+W

14.—[F32(1) The person responsible for a consignment of animals or products must notify [F33, through the appropriate computerised information management system,] the border control post of destination of the expected date of its arrival at the border control post at least one working day before it is due to arrive; but where the person can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.]

F34(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The notification must be made by submitting the [F35CHED] with Part I completed.

[F36(4) In the case of a transhipment of products from one border control post to another, the person responsible for the consignment must notify the official veterinary surgeon at the border control post of destination of—

(a)the estimated time of arrival;

(b)the border control post at which the transhipment will be checked;

(c)the identification and location of the consignment; and

(d)the estimated time of departure.]

Textual Amendments

Procedure on importationE+W

[F3715.—(1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the [F38relevant export health certificate, in the form published by the Welsh Ministers or the Secretary of State, and other documentation specified for that consignment in [F39assimilated direct] legislation relating to importation], to be presented at the border control post inspection facilities to enable official controls in accordance with—

(a)Chapter 5 of the [F40Official Controls Regulation], together with relevant implementing and delegated acts; and

(b)the checks required by Article 37(1) of Regulation (EU) 2016/1012.

(2) Any operator responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

(3) The competent authority must carry out all necessary official controls specified in paragraph (1) and may only issue a CHED permitting entry if—

[F41(a)the consignment complies with the requirements of the following, so far as relevant and when read with any other provisions of the legislation referred to below which apply in relation to such requirements—

(i)the legislation listed in regulation 4(2) of the TARP (ALF) (Wales) (EU Exit) Regulations 2022, as modified by Part 5 of those Regulations or by the legislation referred to in paragraphs (ii) and (iii);

(ii)legislation made by the Welsh Ministers, as appropriate authority, under the functions listed in the Schedule to the TARP (ALF) (Wales) (EU Exit) Regulations 2022, where applicable;

(iii)legislation made by the Secretary of State, as appropriate authority in relation to Wales, under the functions listed in the Schedule to the Trade in Animals and Related Products (Amendment and Legislative Functions) Regulations 2022, where applicable;]

(b)the importation is not prohibited under paragraph (4); and

(c)the correct fee for the checks has been or will be paid.

(4) In the case of live animals, the official veterinary surgeon must not issue a CHED permitting entry if—

(a)the animals are from a territory or part of a territory of a third country not included in [F42a list drawn up in accordance with [F43assimilated direct] legislation for the species concerned or from which imports are otherwise prohibited under that legislation of approved third countries, or if imports from that country or territory are otherwise prohibited];

(b)the animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;

(c)the exporting third country has not complied with the requirements provided for in [F44[F45assimilated direct] legislation relating to importation];

(d)the animals are not in a fit state to continue their journey; or

(e)the veterinary certificate or document accompanying the animals does not meet the requirements of [F46[F47assimilated direct] legislation] relating to importation.

(5) If there are no legislative requirements relating to the consignment, the official veterinary surgeon must not issue a CHED unless the importation has been authorised in writing under this paragraph by—

(a)the Food Standards Agency for any product for which only public health requirements apply; or

(b)the Welsh Ministers for any other product [F48or live animal].

(6) An authorisation under paragraph (5)(a) may only be granted if the Agency is satisfied that the consignment does not pose a risk to human health.

(7) An authorisation under paragraph (5)(b) may only be granted if the Welsh Ministers are satisfied that the consignment does not pose a risk to the animal health status of the United Kingdom.

(8) The official veterinary surgeon must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.]

Textual Amendments

[F49Removal from the border control postE+W

16.—(1) No person may remove a consignment from the border control post unless it is accompanied by a CHED issued by the official veterinary surgeon, or the official fish inspector (as appropriate) in the case of a consignment of fish, and the movement is in accordance with that document.

(2) The person transporting it from the border control post must ensure that the document accompanies the consignment and must transport it directly to the destination specified therein.

(3) These requirements do not apply if the consignment is removed from the border control post under the authority of the relevant official veterinary surgeon or fish inspector (as appropriate).

(4) In the case of live animals, the person responsible for the transport to the final destination must be in possession of the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations M6 inside the vehicle.

(5) In this regulation, requirements for a consignment to be “accompanied by a CHED”, in relation to a CHED in electronic form, refer to the CHED being capable of being produced at any time by the person responsible for the consignment.]

Textual Amendments

Marginal Citations

M6OJ No. L 3, 5.1.2005, p.1.

[F50Supervision and monitoring consignmentsE+W

17.  Where a consignment is required to be taken under supervision from a border control post to a specific destination in [F51Great Britain] —

(a)the movement must be under customs supervision if this is specified in the CHED; and

(b)on arrival, the occupier of the destination premises must immediately notify the [F52appropriate authority of its arrival, and for this purpose “appropriate authority” (“awdurdod priodol”) means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland)].]

Textual Amendments

Destination outside [F53Great Britain] E+W

18.—(1) This regulation relates to a consignment brought into Wales but intended for an ultimate destination outside [F53Great Britain].

(2) In the case of an [F54imported animal], the person notifying its arrival must provide documentary evidence that the country [F55or territory] of destination will accept the animal, and the official veterinary surgeon at the border inspection post may refuse to accept the animal if this is not provided.

[F56(3) [F57Imported products] which are subject to animal health check requirements [F58under regulation 15(3)(a)], may be taken directly from the border control post to the destination outside [F53Great Britain] without a CHED, so long as the products do not remain for more than three days at an airport border control post or 30 days at a sea port border control post.]

[F59(3A) Products that are not subject to import check requirements, and which arrive at a border control post for an ultimate destination outside [F53Great Britain], may be taken directly from the border control post to their destination without a CHED, so long as the products do not remain at the border control post for more than 90 days.]

(4) But if the consignment is intended to be sent to a destination in [F60the British Islands], and the importation of the product into [F61any of the territories of the British Islands] is not permitted, the official veterinary surgeon must reject the consignment.

Textual Amendments

Unchecked consignmentsE+W

19.  The enforcement authority must seize any consignment—

(a)brought into Wales other than through a border [F62control] post approved for that animal or product;

[F63(b)removed from a border control post without a CHED or [F64without] the authority of the official veterinary surgeon or official fish inspector (as the case may be) at the post; or

(c)transported from the border control post to a destination other than that specified in the entry document.]

Textual Amendments

Action following failure of checks or seizure — productsE+W

[F6520.—(1) This regulation applies in relation to any consignment of a product if the checks at a border control post show that the consignment does not comply with the rules referred to in [F66Chapter 5 of Title 2] of the [F67Official Controls Regulation].

(2) The official veterinary surgeon or the official fish inspector (as appropriate) must, after consultation with the importer or the importer’s representative, [F68and in accordance with Article 68(1)(b) of the Official Controls Regulation,] place the consignment under detention and refuse its entry to [F69Wales].

(3) The official veterinary surgeon or the official fish inspector (as appropriate) [F70must] order the person responsible for the consignment—

(a)subject the consignment to special treatment in accordance with Article 71(1) and (2) of the [F67Official Controls Regulation] or to any other measure necessary to ensure compliance with the rules referred to in [F71Chapter 5 of Title 2] of the [F67Official Controls Regulation], and, where appropriate and provided there is no risk to human or animal health, allocate the consignment for purposes other than those for which it was originally intended;

(b)where health conditions permit, to require the person in charge of the consignment to re-dispatch the product in accordance with Article 72 of the [F67Official Controls Regulation] from the same border control post to a destination outside [F72Great Britain] agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days [F73of the date of the official notification of the decision of the enforcement authority after arrival of the consignment] at the border control post; or

(c)if the person responsible for the consignment gives immediate agreement, re-dispatch is impossible or the 60-day time limit has elapsed, to destroy the products.

(4) The official veterinary surgeon or official fish inspector (as appropriate) may exceptionally authorise destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment to be taken in respect of a part of the consignment only, provided that the action taken—

(a)is such as to ensure compliance;

(b)does not pose a risk to human or animal health; and

(c)does not disrupt official control operations.

(5) Pending re-dispatch or confirmation of the reasons for rejection, the person responsible for the consignment must, at that person’s own expense, store the consignment under the supervision of the enforcement authority.

(6) If a consignment of products is seized outside a border control post under regulation 19, the enforcement authority must order that such consignment be retained or recalled, and placed under official detention without delay, and paragraphs (2) and (3) of this regulation apply.

(7) The importer or the importer’s representative is liable for the costs incurred in any measures taken under paragraphs (2) to (6) F74... .

F75(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Consignments of products likely to constitute a risk to animal or human healthE+W

[F7621.  If the official controls at the border control post indicate that the consignment is likely to constitute a danger to animal or human health, the official veterinary surgeon or the official fish inspector (as the case may be) must immediately place the consignment under official detention and order that the person responsible for the consignment destroy it or arrange special treatment in accordance with Article 71 of the [F77Official Controls Regulation] at that person’s expense.]

Textual Amendments

Serious or repeated infringements and breach of maximum residue limitsE+W

[F7822.—(1) If the official veterinary surgeon or official fish inspector (as appropriate) suspects that products entering [F79Great Britain] from a particular third country, part of a third country or establishment in a third country have been the subject of serious contraventions of any import requirement, or contraventions that form part of a series, or where those checks reveal that maximum residue levels have been exceeded, [F80the enforcement authority may require extra physical checks and take samples for testing or analysis from subsequent consignments from the source concerned and take appropriate measures in accordance with Section 3 of Chapter 5 of Title 2 of the Official Controls Regulation].

(2) If the official veterinary surgeon or official fish inspector (as appropriate) has reason to suspect fraudulent or deceptive practices by an operator responsible for a consignment, the Welsh Ministers may apply intensified official controls.

(3) The official veterinary surgeon or official fish inspector (as appropriate) must carry out a physical check on the suspected non-compliant consignment and take appropriate measures in accordance with Section 3 of Chapter 5 of Title 2 [F81of the Official Controls Regulation].

(4) [F82Where the person responsible for consignments is informed that extra checks will be required in accordance with paragraph (1), that person must, before the arrival of future consignments at any border control post, lodge with the relevant enforcement authority a deposit or guarantee sufficient to cover all costs incurred by that enforcement authority, including the costs of taking samples and carrying out tests or analysis.]]

Textual Amendments

Action following failure of checks or seizure — animalsE+W

[F8323.—(1) If the checks at a border control post show that an animal does not comply with the rules referred to in [F84Chapter 5 of Title 2] of the [F85Official Controls Regulation] relating to that animal, or where such checks reveal an irregularity, the official veterinary surgeon must initially place the animal under detention, isolation or quarantine, as appropriate, where it must be kept, cared for or treated under appropriate conditions pending further official decision on the fate of the animal.

(2) Unless immediate action is necessary in order to respond to a risk to human or animal health or animal welfare or to the environment, the official veterinary surgeon may, after consultation with the importer or the importer’s representative, order the person responsible for the consignment—

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

(b)if necessary, to place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; or

(c)to re-dispatch the animal in accordance with Article 72 of the [F85Official Controls Regulation] without delay.

(3) If re-dispatch is impossible, in particular for welfare reasons, the official veterinary surgeon may order the importer or the importer’s representative to arrange for the slaughter of the animal to spare any avoidable pain, distress or suffering.

(4) If an animal is seized under regulation 19 at a place other than a border control post, the enforcement authority must order the consignment to be retained or recalled, and placed under official detention without delay, and paragraphs (1) and (2) apply.

(5) The official veterinary surgeon may exceptionally authorise partial destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment of animals to be taken in respect of a part of any such consignment, provided that such action—

(a)is such as to ensure compliance with the import check requirements the [F85Official Controls Regulation] and any relevant Implementing Regulations and Delegated Regulations made under it;

(b)does not pose a risk to human or animal health; and

(c)does not disrupt official control operations.

(6) The importer or the importer’s representative is liable for the costs incurred in these measures F86... .]

Textual Amendments

AppealsE+W

24.  Any person who is aggrieved by a decision referred to in regulation 20 or 23 may appeal within one month of the decision to a Magistrates' court by way of complaint for an order and the Magistrates' Courts Act 1980 M7 applies to the proceedings.

Marginal Citations

Additional requirements in specific casesE+W

25.  Part 2 of Schedule 2 makes additional requirements for specific cases.

Exclusions [F87, derogations and modifications] E+W

26.—[F88(1)]  The provisions of this Part do not apply in the cases specified in Schedule 3.

[F89(2) The provisions of this Part apply subject to the derogations and modifications set out in Schedule 5.

(3) Paragraph (2) (and Schedule 5) have effect and remain in force from immediately after implementation period completion day until the end of the [F90transitional staging period].]

Textual Amendments

Re-importation of [F91animals and] productsE+W

27.—[F92(1) An official veterinary surgeon at a border control post must authorise the re-importation of consignments of the categories of animals and products referred to in points (a) and (b) of Article 47(1) of the EU Regulation originating from, and returning to, [F93Great Britain] following a refusal of entry by a third country, provided that—

(a)animals and germinal products that have been authorised in advance by the competent authority comply with the relevant animal health and animal welfare requirements;

(b)products of animal origin and composite products comply with animal and public health requirements relating to consignments of products for human consumption originating in and returning to [F93Great Britain] following a refusal of entry by a third country; and

(c)animal by-products comply with the animal health requirements laid down in Annex XIV to Commission Regulation (EU) 142/2011 on the requirements for the entry of consignments of animal by-products and derived products originating from, and returning to, [F93Great Britain] following refusal of entry by a third country. ]

F94(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The official veterinary surgeon must carry out a documentary and identity check and if necessary a physical check.

(3) The importer must either—

(a)transport the consignment directly to the establishment of origin F95..., in leak-proof means of transport, identified and sealed by the official veterinary surgeon at the border [F96control] post so that the seals will be broken whenever the container is opened, or

(b)destroy the consignment as animal by-products.

Textual Amendments

[F97Admission of products into warehouses in compliance with Customs procedures and storage proceduresE+W

28.  No person may bring into Great Britain a consignment of products that does not comply with the import requirements of these Regulations and the Customs procedures and storage procedures on imports in the Taxation (Cross-border Trade) Act 2018.]

Textual Amendments

PART 4 E+WSafeguard measures

Safeguard measuresE+W

[F9829.—(1) Where the Welsh Ministers or the Food Standards Agency—

(a)has reasonable grounds for suspecting the existence of a disease, zoonosis, phenomenon or circumstance in a country [F99or territory] outside [F100Great Britain] such that animals or products originating from the whole or part of the country [F99or territory] concerned are liable to pose risk to human or animal health, or

(b)is of the opinion that there is serious non-compliance with official control rules under the [F101Official Controls Regulation in relation to imports],

the Welsh Ministers or the Agency may publish a written declaration of the special measures necessary in order to contain the risk to human or animal health or the risk of non-compliant animals or products entering into [F100Great Britain].

(2) The special measures that the Welsh Ministers or the Food Standards Agency may require include—

(a)suspension of entry of any animal or product originating in or dispatched from the whole or part of the country [F102or territory] concerned;

(b)imposition of conditions requiring that any animals or products—

(i)prior to dispatch, or on arrival, are made the subject of specific treatment or controls;

(ii)be accompanied by an official certificate, an official attestation, or any other evidence (in any format that may be specified) that any import F103... complies with established official control rules under the [F104Official Controls Regulation] and any relevant Implementing Regulations and Delegated Regulations made under it or equivalent rules in [F105third countries];

(c)such other measures as the Welsh Ministers or the Agency considers necessary to contain the risk.

(3) The declaration must be published in such manner as the Welsh Ministers or the Food Standards Agency (as the case may be) thinks fit and may be amended or revoked by further declaration at any time.

(4) No person may import into the United Kingdom anything in breach of any measures mentioned in any declaration.]

Textual Amendments

PART 5 E+WAdministration

Notifications and authorisationsE+W

30.  Any notification or authorisation must be in writing, may be subject to conditions and may be amended, suspended or revoked by further notice in writing at any time.

Enforcement authoritiesE+W

31.  In these Regulations the enforcement authorities are local authorities and port health authorities.

EnforcementE+W

32.—(1) At a border inspection post these Regulations are enforced—

(a)in relation to animals by the Welsh Ministers; and

(b)in relation to products by the local authority.

(2) Outside a border [F106control post, in relation to animals (other than in relation to aquatic animals)] they are enforced by the local authority.

[F107(2A) Outside a border control post, official controls in relation to aquatic animals are enforced by the Welsh Ministers.]

(3) Outside a border inspection post, in relation to products they are enforced by—

(a)the local authority; or

(b)by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Wales) Regulations 2006 M8.

(4) In addition, in relation to products they are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under [F108the Taxation (Cross-border Trade) Act 2018].

(5) The Welsh Ministers may direct, in relation to cases of a particular description or a particular case, that the Welsh Ministers may discharge any duty imposed on a local authority under this regulation.

[F109(6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.]

Textual Amendments

Marginal Citations

Powers of entryE+W

[F11033.—(1) An authorised officer of the Welsh Ministers or an enforcement agency may at any reasonable hour during normal working hours without prior notice enter any premises (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.

(2) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.

(3) A justice of the peace may sign a warrant to permit an enforcement officer to enter any premises, including a dwelling-house, if the justice on sworn information in writing is satisfied—

(a)that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

(b)that one or more of the conditions in paragraph (4) are met.

(4) The conditions are—

(a)that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b)that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c)that entry is required urgently;

(d)that the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for 30 days from the date of signature by the justice of the peace.

(6) An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(7) An authorised officer may—

(a)be accompanied by such other persons (up to a maximum of three) as the officer considers necessary;

(b)bring onto the premises such equipment as the officer considers necessary.]

Textual Amendments

Powers of authorised officersE+W

34.  An authorised officer of the Welsh Ministers or an enforcement authority may—

(a)inspect and examine any animal;

(b)inspect any product, or genetic material, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with it;

(c)have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;

(d)have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records; and may require any computer records to be produced in a form in which they may be taken away;

(e)seize and retain anything required as evidence in proceedings under these Regulations;

(f)open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it and inspect the contents;

(g)take samples of any animal or product for laboratory tests, for checking against any relevant document relating to the animal or product or otherwise for checking compliance with these Regulations or any condition of import enforced by these Regulations;

[F111(h)require the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the [F112Official Controls Regulation] and any Implementing Regulations and Delegated Regulations made under it, or suspected by the Welsh Ministers of posing a risk to animal or human health;

(i)require the quarantine of any imported animal that is suspected by the Welsh Ministers of posing a risk to animal or human health.]

Textual Amendments

[F113Importation of animals or products constituting a risk to animal or public healthE+W

35.—(1) If imported animals or products are suspected by [F114the appropriate enforcement authority] [F115or the Welsh Ministers] of constituting a serious risk to human or animal health or animal welfare, or, in a case of suspected non-compliance, the animals or products come from a region contaminated by an epizootic disease, an authorised officer of [F116that enforcement authority] [F117or the Welsh Ministers] may require—

(a)an investigation in order to confirm or eliminate that suspicion;

(b)an investigation into the extent of any suspected non-compliance and to establish the import operator’s responsibilities;

(c)intensified official controls on consignments of animals or products from a particular region until such imports are no longer regarded by the officer of constituting such health risk;

(d)the official detention of any of the animals or products;

(e)appropriate measures to ensure that the person responsible for the animals or products remedies the non-compliance and prevents further occurrences of such non-compliance.

(2) In a case within paragraph (1)(a), the importer must assist the officer with establishing the region of origin.

(3) Where [F118the appropriate enforcement authority] [F119or the Welsh Ministers]are satisfied that imported animals or products constitute a risk to animal or public health, an authorised officer of [F120that enforcement authority] [F121or the Welsh Ministers, as appropriate] may, following written notice, take any reasonable action to ensure compliance with any rules laid down in accordance with [F122Chapter 5 of Title 2 of the Official Controls Regulation], including—

(a)taking samples for testing and ordering or performing veterinary treatments on animals;

(b)ordering the unloading of animals and their transfer via another means of transport to a specified holding for a specified quarantine period (whether or not involving the postponement of the slaughter of animals);

(c)the slaughter or killing of animals, provided that this is the most appropriate measure to safeguard human health as well as animal health and welfare;

(d)restricting or prohibiting the placing on the market, the movement or the export of the animal or product, or requiring its return to the country of dispatch;

(e)ordering the importer to increase the frequency and thoroughness of systematic checks and controls before importing further animals or goods from the same region;

(f)ordering the isolation or closure, for an appropriate period of time, of all or part of a business operation (including any related internet and on-line sales of products that may constitute a risk to animal or human health) affected by the importation of an animal or product that constitutes a risk to animal or human health;

(g)the recall, withdrawal, removal or destruction of products;

(h)the treatment of products for human consumption, the alteration of labels or corrective information to be provided to consumers;

(i)the temporary suspension or withdrawal of the registration or approval of an affected establishment, plant, holding or means of transport concerned, or of an authorisation of a transporter;

(j)the use of the products for purposes other than those for which they were originally intended.

(4) An authorised officer of the [F123enforcement authority] [F124or the Welsh Ministers] must provide an affected business operator, or its representative, with—

(a)written notification of the decision concerning the action or measure to be taken in accordance with this regulation, together with the reasons for that decision; and

(b)information on any right of review against such decision in accordance with regulation 35A.

(5) All expenditure incurred as a result of actions taken by or on behalf of the [F123enforcement authority] [F125or the Welsh Ministers] under this regulation is to be borne by the responsible operator.

(6) In the case of the issue of false or misleading official certificates in Wales, or where there is evidence of abuse of official certificates, an authorised officer of the [F123enforcement authority] [F126or the Welsh Ministers] may take appropriate measures, including—

(a)the temporary suspension of the certifying officer from certifying any certificates related to any relevant trade;

(b)the withdrawal of the authorisation of a person to sign official certificates;

(c)any other measure believed by the officer to be necessary to prevent a reoccurrence of any non-compliance or abuse.]

Textual Amendments

[F127Review of decisions by an appointed personE+W

35A.—(1) Any person aggrieved by a decision made under these Regulations, other than any decision referred to in regulation 20 or 23, may request a review of that decision by a person appointed by the Welsh Ministers (“the appointed person”).

(2) Within 21 days of the appointment of the appointed person written representations may be made by the aggrieved person to the appointed person.

(3) The appointed person must consider any written representations made when reviewing the disputed decision and must report in writing to the Welsh Ministers 21 days from the expiry of the period in paragraph (2) with a recommended course of action resulting from the review.

(4) The Welsh Ministers must consider the report of the appointed person and promptly notify the owner of the outcome of the review and provide a copy of the report of the appointed person.

(5) A review, or right of review, does not affect the obligation on the designated authority to take prompt action to eliminate or contain the risks to human or animal health.]

Textual Amendments

ObstructionE+W

36.  No person may—

(a)intentionally obstruct any person acting in the execution of these Regulations [F128or the [F129Official Controls Regulation]];

(b)without reasonable cause, fail to give any person acting in execution of these Regulations [F128or the [F129Official Controls Regulation]] any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations [F128or the [F129Official Controls Regulation]]; or

(c)furnish to any person acting in the execution of these Regulations [F128or the [F129Official Controls Regulation]] any information knowing it to be false or misleading.

Textual Amendments

Exchange of informationE+W

37.—(1) The Commissioners of Her Majesty's Revenue and Customs, a general customs official and any enforcement authority may exchange information for the purposes of these Regulations, and may divulge information to [F130an enforcement authority in any of the territories of the British Islands] for the purposes of this Part or the equivalent legislation in those jurisdictions.

(2) Paragraph (1) is without prejudice to any other power of the Commissioners, any general customs official or any enforcement authority to disclose information.

(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners or a general customs official under paragraph (1) if—

(a)the information relates to a person whose identity—

(i)is specified in the disclosure; or

(ii)can be deduced from the disclosure;

(b)the disclosure is for a purpose other than the purposes specified in paragraph (1); and

(c)the Commissioners have not given their prior consent to the disclosure.

Textual Amendments

FeesE+W

[F13138.  The [F132Welsh Ministers or the enforcement authority] must charge a reasonable fee in relation to any official control activity in accordance with the charging provisions contained in Chapter 6, Title 2 of the [F133Official Controls Regulation], and such fee is payable by the operator responsible for the consignment or its representative.]

Textual Amendments

OffencesE+W

39.  Breach of the following provisions is an offence—

ProvisionDescription of the offence
F134. . .F134. . .
F134. . .F134. . .
F134...F134. . .
F134. . .F134. . .
F134. . .F134. . .
regulation 13Importation other than at a border inspection post
regulation 14Notification
regulation 15(1)Failing to present a consignment for inspection
regulation 15(2)Failing to comply with a notice
regulation 16(1)Removal from a border inspection post without a [F135CHED]
regulation 16(2)Failing to transport a consignment to the place specified in the [F135CHED]
regulation 17Movement other than under Customs supervision and failure to notify the Welsh Ministers
regulation 28 [F136Importing a product that does not comply with the import requirements of these Regulations and the Customs procedures and storage procedures on imports in the Taxation (Cross-border Trade) Act 2018]
regulation 29(2)Bringing in an animal or product in breach of a declaration
regulation 36Obstruction
regulation 37(3)Disclosure of information
Schedule 2:
F137. . .F137. . .
F137. . .F137. . .
F137. . .F137. . .
F137. . .F137. . .
paragraph 8(2)Slaughter of animals
paragraph 8(3)Keeping animals at their place of destination
paragraph 9(2)Transport of birds to approved quarantine facilities or centres
paragraph 9(3)Release of birds from quarantine
paragraph 11Use of a certificate relating to ships' stores
F138. . .F138. . .

Textual Amendments

Offences by bodies corporateE+W

40.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)any director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) For the purposes of this regulation “director” (“cyfarwyddwr”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Offences by partnerships and unincorporated associationsE+W

41.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a)rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;

(b)section 33 of the Criminal Justice Act 1925 M9 and Schedule 3 to the Magistrates' Courts Act 1980 M10 apply in relation to the partnership or association as they apply in relation to a body corporate.

(3) A fine imposed on a partnership or association on its conviction for an offence under these Regulations is to be paid out of the funds of the partnership or association.

(4) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

For these purposes, “partner” (“partner”) includes a person purporting to act as a partner.

(5) Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(6) For these purposes, “officer” (“swyddog”) means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.

Marginal Citations

M91925 c. 86. Subsections (1) and (2) of section 33 were repealed by the Magistrates' Courts Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, part II, paragraph 19; subsection (4) was amended by the Courts Act 2003 (c. 39), section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10, and by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 5; subsection (5) was repealed by the Magistrates' Court Act 1952, section 132, Schedule 6.

M101980 c. 43. Sub-paragraph 2(a) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13, and was repealed by the Criminal Justice Act 2003 (c. 44), sections 41 and 332, Schedule 3, part 2, paragraph 51, sub-paragraphs (1), (13)(a), and Schedule 37, part 4 (with effect from a date to be appointed); paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13; paragraph 6 was amended by the Criminal Justice Act 2003, section 41, Schedule 3, part 2, paragraph 51, sub-paragraphs (1) and (13)(b) (with effect from a date to be appointed).

PenaltiesE+W

[F13942.  A person guilty of any offence under these Regulations is liable on summary conviction to a fine.]

Textual Amendments

RevocationsE+W

43.—(1) The following are revoked—

(a)the Products of Animal Origin (Import and Export) Regulations 1996 insofar as they relate to Wales M11;

(b)the Fresh Meat (Import Conditions) Regulations 1996 insofar as they relate to Wales M12;

(c)the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 insofar as they relate to Wales M13;

(d)the Animals and Animal Products (Import and Export) (Wales) Regulations 2006 M14;

(e)the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 M15.

(2) Schedule 4 makes amendments consequential to these Regulations.

Marginal Citations

John Griffiths

Minister for Environment and Sustainable Developement, one of the Welsh Ministers

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