Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and re-enact with changes the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 253) as amended by the Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 312) and the Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 296).

They implement 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 internal market) (O.J. No. L224, 18.8.90, p. 29) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) (O.J. No. L268, 24.9.91, p. 56).

They continue to include the following provisions:

With respect to intra-Community trade, the Regulations make it an offence to export, import or transport for intra-Community trade any animal or animal product to which Directive 90/425/EEC applies except in accordance with that Directive (regulations 5, 6 and 7).

The Regulations also set out the procedure and requirements for the registration of dealers in animals and animal products (regulation 8).

The requirements and procedures for approval of centres and teams engaging in intra-Community trade in animals and animal products are set out (regulation 9).

They give to inspectors the powers of inspection and examination specified in Directive 90/425/EEC, together with the necessary powers of entry (regulations 10 and 22).

They place duties on consignees of animals and animal products (regulation 11).

The Regulations specify the preconditions for the approval of assembly centres (regulation 12).

They provide for procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal (regulation 13).

With respect to the importation of animals from third countries, the Regulations prohibit the importation of any animal unless the conditions of Council Directive 91/496/EEC are complied with (regulation 15).

At the place of destination, animals for breeding and production may not be released until authorised by an authorised officer of the Department (regulation 18).

The Regulations also give powers to the Department to take action in the event of an outbreak of disease in another state (regulation 20) and make provision for the notification of decisions, powers of entry and penalties.

Changes from the previous legislation

With respect to intra-Community trade, these Regulations include new provisions.

Requirements for animals travelling to their place of destination or transiting Northern Ireland (regulation 6(2)).

Requirements for animals imported for slaughter which are taken to an assembly centre (regulation 6(4)).

Requirement for animals imported for slaughter to be taken directly and without undue delay to a slaughterhouse (regulation 6(6)).

They also require dealers in sheep and goats to comply with the provisions in Part III of Schedule 2 (in accordance with Commission Decision 2003/483/EC) (O.J. No. L162, 1.7.2003, p. 72) (regulation 8(1)).

The record-keeping requirements at assembly centres now also apply in the case of sheep and goats (regulation 12(4)(b)(i) and (ii)).

Schedules 1 to 4 have been updated in order to implement a large number of Community instruments which have come into force since the Animals and Animal Products (Import and Export) (Northern Ireland) Regulations 2000 were last amended. The regulations also implement the amendments made to Community instruments by the Act concerning the conditions of accession from the 1st May 2004 of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the treaties on which the European Union is founded (O.J. No. L236, 23.9.03, p. 33).