5.—(1) A person shall not export, or consign for export, to another member State any animal or animal product which is the subject of one or more of the instruments referred to in Part I of Schedule 2 unless –
(a)it complies with the relevant provisions of those instruments (including any option which has been exercised by the member State of destination);
(b)when required by such an instrument, it is accompanied by –
(i)an export health certificate signed by a veterinary inspector (or, where specified in such an instrument, signed by a veterinary surgeon nominated by the exporter); or
(ii)any other document required by the instrument.
(2) If the Department has reasonable cause to suspect that a person in charge of an animal or animal product intends to export that animal or animal product in contravention of this regulation it may by notice served on the consignor, his representative or person appearing to be in charge of the animal or animal product –
(a)prohibit that exportation of that animal or animal product; and
(b)require that person immediately to detain it at such place as may be specified in the notice and to take such other action in relation to it as may be so specified.
(3) If an animal or animal product has been exported to a member State in contravention of this regulation and returned to Northern Ireland (whether with the authorisation of the Department or not), the Department may by notice served on the person appearing to it to be in charge of the animal or animal product, the consignor or his representative –
(a)prohibit the re-export of that animal or animal product, whether to the same or another member State; and
(b)require that person immediately to detain it at such place as may be specified in the notice and take such further action in relation to it as may be so specified.
(4) In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
(5) This regulation shall apply without prejudice to the requirements of the Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999(1).
(6) A person shall not export to a member State any animal to which the provisions of Articles 6, 7, 9 and 10 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directives 90/425/EEC)(2) apply unless the animal originates from –
(a)a holding which has been registered with the Department and the owner or person in charge of that holding has given to the Department undertakings in accordance with Article 4 of Council Directive 92/65/EEC; or
(b)a body, institute or centre which has been approved by the Department in accordance with regulation 9(1) and which conforms with the requirements of Annex C to Council Directive 92/65/EEC.
S.R. 1999 No. 308 as amended by S.R. 2001 No. 210 and S.R. 2002 No. 278
O.J. No. L268, 14.9.92, p.54, as amended by and as read with the provision listed in paragraph 10 of Part I of Schedule 2