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The Trade in Animals and Related Products (Wales) Regulations 2011

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Regulation 26(2)

[F1SCHEDULE 5E+WApplication of, derogations from, and modifications to, Part 3 in relation to territories subject to special transitional import arrangements

Textual Amendments

PART 1E+WIntroductory

ApplicationE+W

1.  This Schedule applies to products and live animals that originate from—

(a)a territory subject to special transitional import arrangements; or

(b)a third country other than a territory subject to special transitional import arrangements where, before importation into Wales, the products or live animals concerned—

(i)have been presented to a member State border control post recognised by the Welsh Ministers;

(ii)are accompanied by a CHED which has been completed to the satisfaction of the relevant authority; and

(iii)have been pre-notified.

InterpretationE+W

2.  For the purposes of this Schedule—

“pre-notified” (“rhaghysbysu”) means notified using the appropriate computerised information management system;

“relevant goods” (“nwyddau perthnasol”) means products and live animals falling within paragraph 1;

“territory subject to special transitional import arrangements” (“tiriogaeth sy’n ddarostyngedig i drefniadau mewnforio trosiannol arbennig”) means—

(a)

an EU member State;

(b)

the Faroe Islands;

(c)

Greenland;

(d)

Iceland;

(e)

Liechtenstein;

(f)

Norway;

(g)

Switzerland;

“working day” (“diwrnod gwaith”) means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971.

Application of, derogations from, and modifications to, Part 3 of these RegulationsE+W

3.  The provisions of Part 3 of these Regulations apply to relevant goods with the derogations and modifications specified in Part 2 of this Schedule.

PART 2E+WDerogations from, and modifications to, Part 3 of these Regulations

Derogation from regulation 13: place of importationE+W

[F24.—(1) From 30th April 2024, regulation 13 applies in relation to Wales as if—

(a)the existing text were renumbered as paragraph (1); and

(b)in paragraph (1) (as renumbered) for “other than [F3through a border control post or a point of entry for which a border control post has been] designated for that animal or product” there were substituted—

“other than—

(a)in accordance with paragraphs (2) or (3); or

(b)as regards any product, following the designation of a border control post for the product in question, through that border control post.”;

(c)after paragraph (1) there were inserted—

“(2) Live animals coming from a relevant third country may continue to enter Wales through any point of entry.

(3) Relevant goods (other than live animals) coming from the Republic of Ireland, which—

(a)fall within the description in paragraph 1(a) of Schedule 5, or

(b)fall within the description in paragraph 1(b) of Schedule 5 and have been cleared for free circulation under Union customs legislation,

may enter Wales through any point of entry.”.]

Textual Amendments

Derogation from regulation 14: timing of notification of importationE+W

5.—[F4(1) From 30th April 2024, subject to the derogation specified in sub-paragraphs (3C) and (3D), regulation 14(1) to (4) applies to relevant goods, as if—

(a)in sub-paragraph (1), for the words from “notify through” to “border control post”, in the second place where it occurs, there were substituted “notify the competent authority in relation to Wales of the expected date of arrival of the consignment in Wales”;

(b)in sub-paragraph (3) after “made”, there were inserted “through the appropriate computerised information management system”;

(c)in sub-paragraph (4)—

(i)for the opening words, there were substituted—

“(4) In the case of a transhipment of products from a point of entry in Wales to another point of entry or border control post, the person responsible for the consignment must notify the competent authority of the destination of—”;

(ii)in paragraph (b), for “border control post at which” there were substituted “place at which, if required,”;]

F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3C) In relation to [F8relevant goods] entering Wales from the Republic of Ireland on or after 31st January 2024, the requirement that the goods be pre-notified before entry does not apply where the condition in sub-paragraph (3D) is met.

(3D) The condition is that the goods are qualifying Northern Ireland goods that, in the course of passing from Northern Ireland into Wales, have passed through the Republic of Ireland and have not passed through any other country or territory.]

(4) For the purposes of this paragraph—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11[F12(c)“qualifying Northern Ireland goods” has the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.]]

Textual Amendments

Derogation from regulation 15: procedure on importationE+W

6.—(1) Regulation 15 does not apply to relevant goods but—

[F13(a)from 30th April 2024—

(i)any identity and physical checks carried out on products may take place either at the point of entry into Wales or at the destination indicated in the importation document accompanying the consignment;

(ii)subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(aa)the checks referred to in paragraph (a) must be carried out on a risk or random basis and at the appropriate frequency rate;

(ab)the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day;

(ac)the competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment, may issue a CHED permitting entry;

(ad)where there are no legislative requirements relating to the consignment, the competent authority may issue a CHED where the importation of the consignment is authorised in accordance with the procedure specified in regulation 15(5) to (7);]

(b)from 1 January 2021, relevant goods consisting of—

(i)live animals or germinal products may not be imported into Wales unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Welsh Ministers or the Secretary of State;

F14(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(ba)from 31st January 2024—

(i)relevant goods consisting of products of animal origin may not be imported into Great Britain at any place in Wales unless they are accompanied by—

(aa)the appropriate health certificate for third country imports in the form published by the Welsh Ministers or the Secretary of State from time to time; or

(bb)where they meet the conditions in sub-paragraph (1A) or are listed in sub-paragraph (1B), relevant commercial documents which at least identify the premises of origin and destination and contain a description of the product and the quantity of the product; and

(ii)relevant goods consisting of animal by-products or derived products may not be imported into Great Britain at any place in Wales unless they are accompanied by—

(aa)in the case of goods listed in column 1 of the table in Schedule 6 which are stated in the health certificate to be intended for the use (or use of a kind) mentioned in relation to those goods in column 2 of that table, the appropriate health certificate for third country imports in the form published by the Welsh Ministers or the Secretary of State from time to time; or

(bb)in any other case, relevant commercial documents which at least identify the premises of origin and destination and contain a description of the product and the quantity of the product.]

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(1A) The conditions referred to in sub-paragraph (1)(ba)(i)(bb) are that they—

(a)are shelf-stable at ambient temperature;

(b)are securely packaged or sealed in clean containers; and

(c)are not one of the following categories of goods—

(i)infant formula;

(ii)follow-on formula;

(iii)baby food;

(iv)food for special medical purposes;

(v)beeswax;

(vi)pollen;

(vii)propolis;

(viii)royal jelly; or

(ix)products derived from live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods.

(1B) The products referred to in sub-paragraph (1)(ba)(i)(bb) are—

(a)composite products listed in a document published by the Secretary of State under Article 3(1)(a) of Commission Decision 2007/275 or referred to in Article 4 of that Decision, except for products listed in sub-paragraph (1A)(c)(i) to (iv) and (ix);

(b)dairy products or colostrum-based products that have been subject to a heat treatment referred to in point 2(1) of Chapter 2, Section 9 of Annex 3 to Regulation 853/2004, except for fresh milk and the products listed in sub-paragraph (1A)(c)(i) to (iv);

(c)fresh fishery products or prepared fishery products that are—

(i)from wild freshwater or seawater animals of species other than of the Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae, or Scombresosidae families, and

(ii)either not live or non-viable;

(d)gelatine;

(e)collagen;

(f)highly refined products of animal origin;

(g)honey;

(h)rendered animal fat;

(i)greaves.]

(2) The documents described in sub-paragraph (1)(b) [F18and (ba)] F19... must accompany the consignment of the relevant goods concerned to its place of destination.

[F20(3) in this paragraph—

[F21(za)“appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;]

(a)“colostrum-based product” has the meaning given in point 2 of Section 9 of Annex 3 to Regulation 853/2004;

(b)“collagen”, “dairy product”, “fishery product”, “fresh fishery products”, “gelatine” “greaves”, “prepared fishery products” and “rendered animal fat” have the meanings given in Annex 1 to Regulation (EC) 853/2004;

(c)“highly refined products of animal origin” means the products listed in point 1 of Section 16 of Annex 3 to Regulation 853/2004;

(d)“infant formula”, “follow-on formula”, “baby food” and “food for special medical purposes” have the meanings given in Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control;

(e)“non-viable” means they would no longer be able to survive as living animals if returned to the environment from which they were obtained;

(f)Regulation 853/2004 means Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;

(g)“shelf-stable at ambient temperature” means they are not required to be transported or stored at controlled temperatures.]

Textual Amendments

Derogation from regulation 19(a): unchecked consignmentsE+W

7.—[F22(1)] Regulation 19(a) does not apply to relevant goods [F23coming from a relevant third country] which have entered Wales through a point of entry other than a border control post in accordance with this Schedule.

[F24(2) An enforcement authority may seize any consignment which is removed from a point of entry in Wales without a CHED or without authorisation by the competent authority.

(3) An enforcement authority may seize any consignment which is transported from a point of entry in Wales to a destination other than that specified in the CHED.]

Textual Amendments

F22 Sch. 5 para. 7 renumbered as Sch. 5 para. 7(1) (30.4.2024) by The Official Controls (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/541), regs. 1, 14(4)(d)(i) (with reg. 5)

Modification of regulation 20: action following failure of checks or seizure - productsE+W

[F258.—(1) Regulation 20 applies as if—

(a)for paragraph (1) there were substituted—

“(1) This regulation applies, subject to paragraph (1A), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a)the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b)the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A) This paragraph applies where—

(a)there is non-compliance with the rules referred to in paragraph (1); and

(b)the official veterinary surgeon or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B) Where paragraph (1A) applies, paragraphs (2) and (3) apply as if for “must” there were substituted “may”.”;]

Textual Amendments

[F26Modification of regulation 23: action following failure of checks or seizure - animalsE+W

9.  Regulation 23 applies as if, in paragraph (1)—

(a)for “the checks at a border control post” there were substituted “checks”;

(b)after “Official Controls Regulation” there were inserted “or, in the case of relevant goods, does not comply with the provisions of Schedule 5,]

Textual Amendments

Derogation from regulation 27: re-importation of animals and productsE+W

10.—(1) Regulation 27 does not apply in the circumstances described in sub-paragraph (2).

(2) Products and live animals that originate from Wales and which have been rejected from entering the European Union at a European Union border control post are not required to re-enter Wales through a Welsh border control post if—

(a)in the case of products and live animals that are not high risk, notification of the re-entry has been given to the Welsh Ministers or the Food Standards Agency;

(b)in the case of products and live animals that are high risk, the re-entry has been authorised in writing by the Welsh Ministers or the Food Standards Agency before the re-entry is to take place.

(3) In this paragraph, “high risk” means the products or live animals are suspected of constituting a serious risk to human or animal health or animal welfare.

PART 3E+WAdditional rules in relation to relevant goods consisting of live animals

Live animalsE+W

11.—(1) This paragraph applies in relation to relevant goods consisting of live animals.

(2) The live animals must remain under restricted movement at the place of destination indicated in the health certificate until the completed and signed health certificate has been uploaded to the appropriate computerised information management system.

(3) The person responsible for the transportation of the live animals to the place of destination must be in possession of the appropriate authorisation in accordance with Council Regulation (EC) No 1/2005.]

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