In regulation 4, after “with” insert “ the Faroe Islands, Greenland, ”.

No animal product may be sent to or brought from a member State unless it is accompanied by a relevant document.

In regulation 6(1), for “or genetic material to another” substitute “ , animal product or genetic material to a ”.

In regulation 9, for the words “specified” to the end, substitute “ subject to official controls at border control posts ”.

For regulation 10, and the heading to that regulation, substitute—Meaning and use of Common Health Entry Document “CHED”10.(1)

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

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.

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 .

Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the EU Regulation.

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

For regulation 11, and the heading to that regulation, substitute—Border control posts11.(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 EU Regulation and listed by the European Commission in accordance with Article 60 of the EU Regulation for the performance of the official controls set out in Article 47(1) of the EU Regulation.

If the notice is not complied with, the Welsh Ministers may suspend the approval in relation to that part of the inspection facilities.

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 product, and must inform the Commission of the suspension and the reason.

In regulation 12, for paragraph (4) substitute—(4)

If the approval for the border control post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods intended for human consumption, the local 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.

For regulation 15 substitute—15.(1)

When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the documentation specified for that consignment in the relevant legislation listed in Schedule 1, to be presented at the border control post inspection facilities to enable official controls in accordance with—

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.

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.

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.

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.

For regulation 16, and the heading to that regulation, substitute—Removal from the border control post16.(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.

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.

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).

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 inside the vehicle.

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.

For regulation 17, and the heading to that regulation, substitute—Supervision and monitoring consignments17.

Where a consignment is required to be taken under supervision from a border control post to a specific destination in the United Kingdom or a member State —

In regulation 19, for paragraphs (b) and (c) substitute—(b)

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

For regulation 20 substitute—20.(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 Article 1(2) of the EU Regulation.

The official veterinary surgeon or the official fish inspector (as appropriate) must, after consultation with the importer or the importer's representative, place the consignment under detention and refuse its entry to the United Kingdom.

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.

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.

The importer or the importer's representative is liable for the costs incurred in any measures taken under paragraphs (2) to (6) but is entitled to payment of a sum equal to the value of the product after deduction of these costs.

The importer or the importer's representative may immediately, and within one working day after notification of the non-compliance, make written representations to the Welsh Ministers regarding any decision taken under this regulation, and any such representations must be considered and a written response must be given by the Welsh Ministers within one working day of receiving such representations.

For regulation 21 substitute—21.

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 EU Regulation at that person's expense.

For regulation 22 substitute—22.(1)

If the official veterinary surgeon or official fish inspector (as appropriate) suspects that products entering the United Kingdom 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, this regulation applies to the next ten consignments, or a net weight of 300 tonnes, whichever is the lowest, imported from that third country, or as the case may be a particular part of a third country or establishment to which the suspicion relates.

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.

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.

The person responsible for the consignment must lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges, including the taking of samples, and tests or analysis.

For regulation 23 substitute—23.(1)

If the checks at a border control post show that an animal does not comply with the rules referred to in Article 1(2) of the EU 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.

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.

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.

The importer or the importer's representative is liable for the costs incurred in these measures but is entitled to payment of a sum equal to the slaughter value of the animal after deduction of these costs.

For regulation 29 substitute—29.(1)

Where the Welsh Ministers or the Food Standards Agency—

For regulation 33 substitute—33.(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.

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

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

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.

In regulation 34, after paragraph (g) insert—(h)

require the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the EU 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;

For regulation 35, and the heading to that regulation, substitute—Importation of animals or products constituting a risk to animal or public health35.(1)

If imported animals or products are suspected by 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 the Welsh Ministers may require—

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

All expenditure incurred as a result of actions taken by or on behalf of the Welsh Ministers under this regulation is to be borne by the responsible operator.

After regulation 35 insert—Review of decisions by an appointed person35A.(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”).

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

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.

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.

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.

In regulation 36, after the words “these Regulations”, in each place where they occur, insert “ or the EU Regulation ”.

For regulation 38 substitute—38.

The Welsh Ministers 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 EU Regulation, and such fee is payable by the operator responsible for the consignment or its representative.

For regulation 42 substitute—42.

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

After regulation 5 insert—Export certification services and pre-export services: fees5A.(1)

The fees specified in the table in Schedule 4A are payable in respect of the services described in column 1 of the table by a person who applies to the Welsh Ministers for a certificate or a pre-export service.

The fees specified in columns 2 and 3 of the table in Schedule 4A in respect of an inspection of a consignment or an audit of a grain inspection are payable for each 15 minutes (or part thereof) spent in carrying out the inspection or audit and any associated activities, subject to the minimum fees specified in those entries.

In regulation 6(1), for “inspector” substitute “ official plant health inspector ”.

Omit regulation 7.

After Schedule 4 insert—SCHEDULE 4A

Regulation 5A

In regulation 3, after paragraph (5) insert—(5A)

The fee payable in connection with an application to the Welsh Ministers for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.

The fee payable in connection with an application to the Welsh Ministers for a WPM authorisation is the fee specified in Schedule 4B.

After Schedule 4 insert—SCHEDULE 4A

Regulation 3(5A)