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The Department of Agriculture and Rural Development being a Department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community in exercise of the powers conferred on it by the said section 2(2) and in exercise of the powers conferred on it by section 56(1), (2) and (5) of the Finance Act 1973[3] and with the consent of the Department of Finance and Personnel, makes the following Regulations— Citation and commencement 1. These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006; and shall come into operation on 1st November 2006. Interpretation 2. —(1) In these Regulations—
(b) in the case of sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his ownership;
(b) the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation[7]; and (c) the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded[8]; (d) the Act concerning the conditions of accession 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[9];
(2) The Interpretation Act (Northern Ireland) 1954[10] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
(4) For purposes of regulation 14(b), quarantine required under Commission Decision 2000/666/EC is a check provided for in Council Directive 91/496/EEC.
(b) Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries[26], as amended by and as read with the instruments listed in paragraph 2 of Schedule 1.
(6) Any notices, approvals or declarations under these Regulations—
(b) may be made subject to such conditions as are specified therein; and (c) may be amended, suspended or revoked by a further notice in writing served on the same person at any time.
(7) Any person on whom a notice is served under these Regulations shall comply with the requirements thereof.
(b) come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003,
these Regulations shall apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction. Application of Part II 4. This Part shall apply in relation to —
(b) all animal products which are subject to trade between Northern Ireland and any member State,
which are the subject of an instrument referred to in Part I of Schedule 2, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC.
(b) when required by such an instrument, it is accompanied by—
(ii) any other document required by the instrument;
(c) when required by such instrument, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the instrument; and
(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—
(b) require that person immediately to detain it at such place as may be specified in the notice and to take such further 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—
(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.
(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.
(6) A person shall not export to another member State any hatching eggs, day-old chicks or poultry to which Article 6 of Directive 90/539/EEC applies unless they originate from an establishment that—
(b) conforms with the requirements of Annex II to Directive 90/539/EEC.
(7) An establishment to which paragraph (6)(a) applies is to be considered an approved establishment for the purposes of Article 6(1)(a) of Council Directive 90/539/EEC.
(b) any animal product,
subject to an instrument listed in Part I of Schedule 2 unless it complies with the relevant provisions of that instrument(subject to any derogations specified in that part) and with any additional requirements specified in that Part.
(b) within 3 days of its arrival at the approved assembly centre, in the case of cattle and pigs.
(5) If any animal referred to in paragraph (4) is not slaughtered within the period required by that paragraph, an inspector may by notice served on the importer, his representative, or the person appearing to him to be in charge of the animal require it to be slaughtered within such time and at such place as may be specified in the notice.
(b) where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products comprising it.
and shall keep such records for 12 months from the date of delivery to him of the consignment.
(b) any additional requirements specified in Part I of Schedule 2; and (c) any additional animal health legislation applicable to the import of those animals and animal products into Northern Ireland,
have been complied with.
(b) in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Directive 91/68/EEC; and (c) the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which the Department has specified in an operational agreement as being the requirements the Department believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.
(3) The operator of an assembly centre shall admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.
(b) record on a register—
(ii) the registration number of the transporter and the licence number of the vehicle delivering or collecting animals from the centre; (iii) in the case of cattle, the identification of the animals or the registration number of the holding of origin as well as the information in paragraphs (i) and (ii); (iv) in the case of pigs, the registration number of the holding of origin or of the herd of origin as well as the information in paragraphs (i) and (ii); and (v) in the case of sheep or goats, the identification of the animals, or the registration number of the holding of origin of the animals, and, where applicable, the approval or registration number of any assembly centre through which the animals have passed prior to entering the centre as well as the information in paragraphs (i) and (ii),
(6) If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Department to receive that notification, who shall examine the animals and shall either—
(b) by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
(7) Where any person markets any animal consigned to him from a member State, or divides up batches of such animals for distribution or marketing, and paragraphs (4) and (5) do not apply in relation to such animals, that person—
(b) shall immediately notify any irregularity or anomaly in any such identification mark or required consignment documentation to the Department; and (c) if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC, shall isolate the animals in question until the Department has either—
(ii) served a notice under regulation 13(3) in relation to it.
Illegal consignments
(b) in the case of an animal, without delay, to slaughter it, or slaughter and destroy it, in accordance with such conditions as may be specified in the notice; or (c) in the case of an animal product, destroy it in accordance with such conditions as may be specified in the notice.
(3) Subject to the provisions of paragraph (4), if the Department knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC, it may, if animal health and welfare considerations so permit, by notice in writing give the consignor or his representative or the person appearing to it to have charge of that animal or product the choice of—
(b) slaughtering the animal or destroying the animal product in accordance with such conditions as may be specified in the notice; or (c) returning the animal or animal product to the member State of despatch, with the authorisation of the competent authority of that member State and with prior notification to any member State of transit.
(4) If the consignment fails to comply with the relevant provisions of Council Directive 90/425/EEC, any Directive listed in Schedule 2 or of any other legislation regulating imports of animals or animal products into Northern Ireland only by reason of absence of or an irregularity in required consignment documentation, the Department shall not cause the animals or animal products to be returned to the country of despatch without first giving the consignor, his representative or the person appearing to it to have charge of those animals or animal products a notice requiring him to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice. Application of Part III 14. This Part shall apply in relation to—
(b) any animals originating outside the European Communities and imported into Northern Ireland from any place inside those Communities.
Importation
(b) in the case of animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977, the conditions of that Order have been complied with.
(4) A person shall not import any animal which originated outside the European Communities from a member State, Great Britain, any of the Channel Islands or the Isle of Man for re-export outside the European Community either directly or indirectly unless such transit has been previously authorised in writing by the Department and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
(b) in accordance with the provisions of any additional animal health requirements of legislation regulating imports into Northern Ireland.
(6) In relation to imports of captive birds, this regulation as read with paragraph 3 of Part I and paragraph 6 of Part II of Schedule 6 shall not apply to permit the import of such birds until 1st January 2007.
(b) all the checks required under Council Directive 91/496/EEC have been carried out in relation to that captive bird at a border inspection post and it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the border inspection post under Article 7(1) of that Directive; and (c) it is accompanied by the original animal health certificate issued in accordance with Article 2(2) of Commission Decision 2000/666 EC.
(2) The importer or his agent shall at the expense of the importer ensure that—
(b) the captive bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Articles 3(3) and (5), 4, 5 and 6 of Commission Decision 2000/666/EC and regulation 17.
(3) Without prejudice to regulation 17(7), a person shall not remove a captive bird from a border inspection post or a quarantine centre unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of an inspector.
(b) to any place other than the place of destination specified in the common veterinary entry document, unless he has been required to remove it to another place by means of a notice served on him by an inspector.
(6) Where a check at a border inspection post involves the taking of a sample for testing and the test result is not immediately available, a veterinary inspector may, by notice served on the owner or the person appearing to him to be in charge of a captive bird, permit the owner or person so served to move the captive bird from the border inspection post, and require that owner or person to keep the captive bird in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the captive bird does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 13 shall apply.
(b) he meets at least one of the following criteria—
(ii) he has been authorised so to enter by the Department or by a veterinary inspector; or (iii) he otherwise does so in fulfilment of a statutory function relating to animal health, animal welfare or species conservation which he is appointed by the Department to perform.
(7) A person shall not remove a live captive bird from a quarantine centre or quarantine facility unless an inspector has authorised the removal.
(b) inspect and arrange for copies of any documents or records (including those in electronic form) which he reasonably considers relevant for checking compliance as described in sub-paragraph (a); and (c) take such samples and carry out such inspections of a quarantine centre or quarantine facility and its equipment, and such clinical veterinary examinations, as are required under Commission Decision 2000/666/EC.
(10) An inspector exercising powers under paragraph (9) shall produce, if required to do so, some duly authenticated document showing his authority to exercise those powers.
(b) by notice impose the other measures provided for in Article 4(4),
except that in relation to Newcastle disease, he may instead serve notice specifying the terms on which the derogation in Article 4(5) is to be exercised.
(b) extend the period of quarantine as required under Article 5 of Commission Decision 2000/666/EC.
(4) An inspector serving a notice under paragraphs (2) and (3) shall serve it upon the quarantine manager or other person appearing to be in charge of the centre or facility at the time of service; and shall as soon as he practically can send a copy by way of information to the importer of the birds concerned.
(b) require the animal to be slaughtered or slaughtered and destroyed; (c) require the animal to be re-despatched outside the territory of the European Communities, where animal health or welfare considerations so permit, within such period as may be specified in the notice; or (d) revoke the notice given under paragraph (1).
(3) In the event of a notice under paragraphs (1) and (2) not being complied with, an inspector may seize the animal to which it relates or cause it to be seized and arrange for the requirements of the notice to be complied with.
(b) in the case of any animal there is doubt as to its identity,
he may carry out any veterinary checks on that animal which he deems appropriate. Application of Part IV 24. This Part shall apply in respect of animals imported into Northern Ireland and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State. Imports 25. A person shall not import an animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004. Import procedure 26. The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies. Outbreaks of disease in other states 27. —(1) This regulation shall apply where the Department learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC, or through any other means, the presence in any state outside the United Kingdom of a disease referred to in Schedule 5, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health. (2) In the circumstances described in paragraph (1), the Department may, for the purpose of preventing the introduction or spreading of disease into or within Northern Ireland, by declaration suspend, or impose conditions upon, the entry into Northern Ireland of any animal or animal product from the whole or any part of that state. (3) Such a declaration shall be published in such manner as the Department thinks fit. (4) Where a declaration is in force suspending the entry of any animal or animal product, a person shall not bring that animal or animal product into Northern Ireland if it is dispatched from, or originates from, the state or part thereof specified in the declaration. (5) A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported. (6) Upon a declaration being made under this regulation, the entry into Northern Ireland of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it complies with the conditions (if any) specified in the declaration. Notification of decisions 28. —(1) If the consignor or his representative, or the importer or his representative, so requests, notice of any decision in pursuance of these Regulations refusing entry or varying the conditions of entry for any animal or animal product shall be forwarded to him in writing by the person taking the decision. (2) A notice forwarded under paragraph (1) shall give the reasons for the decision to which it relates and the details of any right to challenge the decision, including the relevant time limits. Powers of inspectors 29. —(1) Subject to regulation 10, an inspector may, on producing, if required to do so, some duly authenticated document showing his authority, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations. (2) An inspector may carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC, and in particular may—
(b) carry out checks on whether staff are complying with the requirements of the instruments listed in Part I of Schedule 2 relating to animal products; (c) take samples (and, if necessary, send the samples for laboratory testing) from—
(ii) animal products held with a view to being stored or sold, put on the market or transported; (iii) animals or animal products being transported in the course of intra-Community trade; (iv) animals at a border inspection post in the case of third country imports; or (v) animals or animal products at the place of destination;
(d) examine documentary or data processing material relevant to the checks carried out under these Regulations; and
(3) In this regulation "premises" includes any place, installation, road, or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or (c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
(b) paragraph 6 of Part 1 of Schedule 3; and (c) paragraph 2 of Part 1 of Schedule 4.
(3) A person guilty of an offence under regulation 31(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.
Disapplication of provisions
1. Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29), has been amended by, and must be read with— Council Directive 90/539/EEC (O.J. No. L303, 31.10.90, p. 6); Council Directive 91/67/EEC (O.J. No. L46, 19.2.91, p. 1); Council Directive 91/68/EEC (O.J. No. L46, 19.2.91, p. 19); Council Directive 91/174/EEC (O.J. No. L85, 5.4.91, p. 37); Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56); Council Directive 91/628/EEC (O.J. No. L340, 11.12.91, p. 17); Council Directive 92/60/EEC (O.J. No. L268, 14.9.92, p. 75); Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54); Council Directive 92/118/EEC (O.J. No. L62, 15.3.93, p. 49); Commission Decision 93/444/EEC (O.J. No. L208, 19.8.93, p. 34); Commission Decision 94/338/EC (O.J. No. L151, 17.6.94, p. 36); Commission Decision 94/339/EC (O.J. No. L151, 17.6.94, p. 38); Council Directive 97/78/EC (O.J. No. L24, 30.1.98, p. 9); Council Directive 2002/33/EC (O.J. No. L315, 19.11.2002, p. 14); and the European International Instruments. 2. Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56), has been amended by, and must be read with— Council Directive 89/662/EEC (O.J. No. L395, 30.12.89, p. 13); Council Directive 90/424/EEC (O.J. No. L224, 18.08.90, p. 19); Council Directive 90/425/EEC (O.J. No. L224, 18.08.90, p. 29); Council Directive 91/628/EEC (O.J. No. L340, 11.12.91, p. 17); Council Decision 92/438/EEC (O.J. No. L243, 25.8.92, p. 27); Commission Decision 94/467/EC (O.J. No. L190, 26.7.94, p. 28); Council Directive 96/43/EC (O.J. No. L162, 1.7.96, p. 1); Council Directive 97/78/EC (O.J. No. L24, 30.1.98, p. 9); Commission Decision 97/794/EC (O.J. No. L323, 26.11.97, p. 31); Commission Regulation (EC) No. 282/2004 (O.J. No. L49, 19.2.2004, p. 11), as amended by Commission Regulation (EC) No. 585/2004 (O.J. No. L91, 30.3.2004, p. 17); and the European International Instruments. 1. Instrument: Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (O.J. No. L109, 25.4.97, p. 1), and as subsequently amended by— Council Directive 98/46/EC (O.J. No. L198, 15.7.98, p. 22); Council Directive 98/99/EC (O.J. No. L358, 31.12.98, p. 107); Commission Decision 98/621/EC (O.J. No. L296, 5.11.98, p. 15); Directive 2000/15/EC of the European Parliament and of the Council (O.J. No. L105, 3.5.2000, p. 34); Directive 2000/20/EC of the European Parliament and of the Council (O.J. No. L163, 4.7.2000, p. 35); Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63); Commission Regulation (EC) No. 535/2002 (O.J. No. L80, 23.3.2002, p. 22); Commission Regulation (EC) No. 1226/2002 (O.J. No. L179, 9.7.2002, p. 13); Council Regulation (EC) No. 21/2004 (O.J. No. L5, 9.1.2004, p. 8); Commission Decision 2004/226/EC (O.J. No. L68, 6.3.2004, p. 36); and the European International Instruments. Relevant provisions in that instrument: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports), and 12(3). Additional requirements:
(b) The official health certificate accompanying all cattle imported into Northern Ireland from Portugal must contain the statement: "Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro-pneumonia". (c) The official health certificate accompanying all swine imported into Northern Ireland from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those parts of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: "Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky's disease[31]". (d) Exports of cattle from Northern Ireland to the countries listed in Annexes I and II of Commission Decision 2004/558/EC (O.J. No. L249, 23.7.2004, p. 20)—
(ii) in relation to the certification accompanying such exports—
(bb) for bovine animals exported to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, "IBR" must be entered, and after the second indent "Article 3 of Commission Decision 2004/558/EC" must be entered.
(e) In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (O.J. No. L178, 17.7.2003, p. 28), the importation into Northern Ireland from the Italian region of Sardinia of animals of the suidae family is prohibited.
2. Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (O.J. No. L194, 22.7.88, p. 10), as amended by, and as read with— Council Directive 90/120/EEC (O.J. No. L71, 17.3.90, p. 37); Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29); Council Directive 93/60/EEC (O.J. No. L186, 28.7.93, p. 28); Council Directive 2003/43/EC (O.J. No. L143, 11.6.2003, p. 23); Commission Decision 2004/205/EC (O.J. No. L65, 3.3.2004, p.23); Commission Decision 2004/101/EC (O.J. No. L30, 4.2.2004, p. 15); and the European International Instruments. Relevant provisions in that instrument: Articles 3 and 6. 3. Instrument: Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (O.J. No. L302, 19.10.89, p. 1), as amended by, and as read with— Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29); Council Directive 93/52/EEC (O.J. No. L175, 19.7.93, p. 21); Commission Decision 94/113/EC (O.J. No. L53, 24.2.94, p. 23); Commission Decision 2004/205/EC (O.J. No. L65, 3.3.2004, p.23); and the European International Instruments. Relevant provisions in that instrument: Articles 3 and 6. 4. Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L224, 18.8.90, p. 42), as amended by, and as read with— Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29); Council Directive 90/427/EEC (O.J. No. L224, 18.8.90, p. 55); Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56); Council Directive 92/36/EEC (O.J. No. L157, 10.6.92, p. 28); Commission Decision 92/130/EEC (O.J. No. L47, 22.2.92, p. 26); Commission Decision 93/623/EEC (O.J. No. L298, 3.12.93, p. 45) as amended by Commission Decision 2000/68/EC (O.J. No. L23, 28.1.2000, p. 72); Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63); Commission Decision 2002/160/EC (O.J. No. L53, 23.2.2002, p. 37); and the European International Instruments. Relevant provisions in that instrument, subject to and as read with the following Notes: Articles 4, 5, 7(1) and 8. Notes:
(b) For the avoidance of doubt, the derogation permitted under Article 7(2) shall not apply in relation to equidae brought into Northern Ireland.
5. Instrument: Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (O.J. No. L224, 18.8.90, p. 62) and Commission Decision 99/608/EC (O.J. No. L242, 14.9.99, p. 20); as amended by, and read with— Commission Decision 99/608/EC (O.J. No. L242, 14.9.1999, p. 20); Commission Decision 2000/39/EC (O.J. No. L13, 19.1.2000, p. 21); Commission Decision 2004/205/EC(O.J. No. L65, 3.3.2004, p.23); and the European International Instruments. Relevant provisions in that instrument: Articles 3, 4(1), 4(2) and 6(1). Additional requirements: The official health certification accompanying all porcine semen imported into Northern Ireland from any other member State must state that the semen was collected from boars "on a collection centre which only contains animals that have not been vaccinated against Aujeszky's disease and which have reacted negatively to the serum neutralisation test or to the ELISA test for Aujeszky's disease, in accordance with the provisions of Council Directive 90/429/EEC" and paragraph 13(b)(ii) of the model health certificate provided in Annex D of Council Directive 90/429/EEC must be deleted in all cases. 6. Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L303, 30.10.90, p. 6), as amended by, and as read with— Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29); Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56); Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54); Commission Decision 92/340/EEC (O.J. No. L188, 8.7.92, p. 34); Commission Decision 92/369/EEC (O.J. No. L195, 14.7.92, p. 25); Council Directive 93/120/EEC (O.J. No. L340, 31.12.93, p. 35); Council Directive 95/410/EC (O.J. No. L243, 11.10.95, p. 25) as amended by Council Decision 98/227/EC (O.J. No. L87, 21.3.98, p. 14); Commission Decision 97/278/EC (O.J. No. L110, 26.4.97, p. 77); Council Directive 99/90/EC (O.J. No. L300, 23.11.99, p. 19); Commission Decision 2000/505/EC (O.J. No. L201, 9.8.2000, p. 8); Commission Decision 2001/867/EC (O.J. No. L323, 7.12.2001, p. 29); Commission Decision 2003/644/EC (O.J. No. L228, 12.9.2003, p. 29); Commission Decision 2004/235/EC (O.J. No. L72, 11.3.2004, p. 86); and the European International Instruments. Relevant provisions in that instrument: Articles 6 to 11, 12(1), and 15 to 17. Additional requirements:
(b) The official health certification accompanying day-old chicks exported from Northern Ireland to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8 September 2003. (c) The official health certification accompanying laying hens exported from Northern Ireland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2004/235/EC of 11 March 2004. (d) The official health certification accompanying poultry for slaughter exported from Northern Ireland to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22 June 1995. (e) The official health certification accompanying poultry, hatching eggs and day-old chicks imported into Northern Ireland from Italy shall include the words "The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC"[33]. (f) In the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC which are—
(ii) imported from such a protection zone in another member State into Northern Ireland pursuant to the derogation in Article 7 of Commission Decision 2006/115/EC, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms:
7. Instrument: Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption (O.J. No. L273, 10.10.2002, p. 1); as amended by, and as read with— Commission Regulation No. 808/2003 (O.J. No. L117, 13. 5.2003, p. 1); Commission Regulation No. 811/2003 (O.J. No. L117, 13. 5. 2003, p. 14); Commission Regulation No. 813/2003 (O.J. No. L117, 13. 5. 2003, p. 22); Commission Decision 2003/320/EC (O.J. No. L117, 13. 5. 2003, p. 24); Commission Decision 2003/321/EC (O.J. No. L117, 13. 5. 2003, p. 30); Commission Decision 2003/326/EC (O.J. No. L117, 13. 5. 2003, p. 42); Commission Decision 2003/327/EC (O.J. No. L117, 13. 5. 2003, p. 44); Commission Decision 2003/328/EC (O.J. No. L117, 13. 5. 2003, p. 46); Commission Decision 2003/329/EC (O.J. No. L117, 13. 5. 2003, p. 51); Commission Regulation No. 780/2004 (O.J. No. L123, 27. 4. 2004, p. 64); Commission Regulation No. 93/2005 (O.J. No. L19, 21.1.soo5, p.34); and the European International Instruments. Relevant provision in that instrument: Article 8 as read with Annex II. Farmed fish 8. —(1) Instrument: Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (O.J. No. L46, 19.2.91, p. 1), as amended by, and as read with— Commission Decision 94/864/EC (O.J. No. L352, 31.12.94, p. 74); Commission Decision 97/804/EC (O.J. No. L329, 29.11.97, p. 70); Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 31); Commission Decision 98/24/EC (O.J. No. L8, 14.1.98, p. 26); Council Directive 98/45/EC (O.J. No. L189, 3.7.98, p. 12); Commission Decision 99/567/EC (O.J. No. L216, 14.8.99, p. 13); Commission Decision 2001/159/EC (O.J. No. L57, 27.2. 2001, p. 54); Commission Decision 2001/183/EC (O.J. No. L67 9.3.2001 p. 65); Commission Decision 2002/300/EC (O.J. No. L103, 19.4.2002, p. 24) (as amended by Commission Decision 2003/378/EC (O.J. No. L130, 27.5. 2003, p. 27)); Commission Decision 2002/308/EC (O.J. No. L106, 23.4.2002, p. 28) (as amended by Commission Decision 2004/850/EC (O.J. No. L368, 15.12.2004, p. 28); Commission Decision 2003/390/EC (O.J. No. L135, 3.6. 2003, p.19); Commission Decision 2003/466/EC (O.J. No. L156, 25.6.2003, p. 61); Commission Decision 2003/634/EC (O.J. No. L220, 3.9.2003, p. 8), (as amended by Commission Decision 2003/904/EC (O.J. No. L340, 24.12.2003, p. 69); and Commission Decision 2005/770/EC (O.J. L291, 5.11.2005, p. 24)); Commission Decision 2004/453/EC (O.J. No. L156, 30.4.2004, p. 5); and the European International Instruments. Relevant provisions in that instrument: The following provisions in so far as they apply to live fish, eggs and gametes: Articles 3, 4, 7 to 11, 14 and 16. Fish other than farmed fish (2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (O.J. No. L268, 24.9.91, p. 15), as amended by, and as read with— Council Directive 92/48/EEC (O.J. No. L187, 7.7.92, p. 41), laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1) (a)(I) of Council Directive 91/493/EEC; Council Directive 95/71/EC (O.J. No. L332, 30.12.95, p. 40); Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 310); and the European International Instruments. Relevant provisions in that instrument: Article 4. Live Bivalve molluscs (3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (O.J. No. L268, 24.9.91, p. 1), as amended by, and as read with— Council Directive 97/61/EC (O.J. No. L295, 29.10.97, p. 35); and the European International Instruments. Relevant provisions in that instrument: Articles 3(1)(a)-(i), 3(2), 4, 7, 8 and 9. 9. Instrument: Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (O.J. No. L46, 19.2.91, p. 19) as amended by, and as read with— Council Directive 90/425/EC (O.J. No. L224, 18.8.90, p. 29); Council Directive 92/102/EEC (O.J. No. L355, 5.12.92, p. 32) as amended by Council Regulation (EC) No. 21/2004 (O.J. No. L5. 9.1.2004, p. 8); Commission Decision 93/52/EEC (O.J. No. L13, 21.1.93, p. 14), as amended by Commission Decisions 2001/292/EC (O.J. No. L100, 11.4.2001, p. 28), 2002/482/EC (O.J. No. L166, 25.6.2002, p. 23), 2003/44/EC (O.J. No. L13, 18.1.2003, p. 23), 2003/237/EC (O.J. No. L 87, 4.4.2003, p. 13), 2003/732/EC (O.J. No. L264, 15.10.2003, p.30), 2004/199/EC (O.J. No. L64, 2.3.2004, p. 41) and 2004/320/EC (O.J. No. L102, 7.4.2004, p. 75); Commission Decision 94/164/EEC (O.J. No. L74, 17.3.94, p. 42); Commission Decision 94/953/EEC (O.J. No. L371, 31.12.94, p. 14); Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63); Directive 2001/10/EC of the European Parliament and of the Council (O.J. No. L147, 31.5.2001, p. 41); Council Directive 2003/50/EC (O.J. No. L169, 8.7.2003, p. 51); Commission Decision 2004/554/EC (O.J. No. L248, 9.7.2004, p. 1); Commission Decision 2005/932/EC (O.J. No. L340, 23.12.2005, p.68); and the European International Instruments. Relevant provisions in that instrument: Articles 3, 4, 4a, 4b, 4c, 5, 6 and 9. Additional requirements:
(b) The official health certification accompanying all sheep and goats for fattening and breeding imported into Northern Ireland must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.
10. Instrument: 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 Council Directive 90/425/EEC (O.J. No. L268, 14.9.92, p. 54), as amended by, and as read with— Commission Decision 95/176/EC (O.J. No. L117, 24.5.95, p. 23); Commission Decision 95/294/EC (O.J. No. L182, 2.8.95, p. 27); Commission Decision 95/307/EC (O.J. No. L185, 4.8.95, p. 58); Commission Decision 95/388/EC (O.J. No. L234, 3.10.95, p. 30), as amended by Commission Decision 2005/43/EC (O.J. No. L20, 22.1.2005, p. 34) ; Commission Decision 95/483/EC (O.J. No. L275, 18.11.95, p. 30); Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63); Commission Regulation (EC) No. 1282/2002 (O.J. No. L187, 16.7.2002, p. 3); Council Regulation (EC) No. 1802/2002 (O.J. No. L274, 11.10.2002, p. 21); Regulation (EC) No. 998/2003 (O.J. No. L146, 13.6.2003, p. 1), as amended by Council Decision 2004/650/EC (O.J. No. L298, 23.9.2004, p. 22); Council Regulation (EC) No. 1398/2003 (O.J. No. L198, 6.8.2003, p. 3); Commission Regulation (EC) No. 592/2004 (O.J. No. L94, 31.3.2004, p. 7); Council Directive 2004/68/EC (O.J. No. L139, 30.4.2004, p. 321[34]); Commission Decision 2004/205/EC (O.J. No. L65, 3.3.2004, p. 23); and the European International Instruments. Relevant provisions in that instrument: Articles 3 to 9, 10(1) to 10(3) and 11 to 13. Note: By way of derogation from the requirements of Article 5(1), the Department may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual. Additional requirements:
(b) Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions.
11. Instrument: Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (O.J. No. L62, 15.3.93, p. 49) as amended by, and as read with— Council Directive 2002/33/EC (O.J. No. L315, 19.11.2002, p. 14); Commission Decision 2003/721/EC (O.J. No. L260, 11.10.2003, p. 21); Commission Regulation (EC) No. 445/2004 (O.J. No. L72, 11.3.2004, p. 60); and the European International Instruments. Relevant provisions in that instrument: Articles 6 and 7(1). 12. Instrument: Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (O.J. No. L206, 12.8.1977, p. 8), as amended by, and as read with— The Act concerning the conditions of accession of the Hellenic Republic to the European Communities (O.J. No. L291, 19.11.79, p. 17); Council Directive 79/268/EEC (O.J. No. L62, 13.3.79, p. 5); Council Regulation 3768/85/EEC (O.J. No. L362, 31.12.85, p. 8); Council Directive 85/586/EEC (O.J. No. L372, 31.12.85, p. 44); Commission Decision 86/404/EEC (O.J. No. L233, 20.8.86, p. 19); Commission Decision 88/124/EEC (O.J. No. L62, 8.3.88, p. 32); Council Directive 91/174/EEC (O.J. No. L85, 5.4.91, p. 37); Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66); Commission Decision 96/80/EC (O.J. No. L19, 25.1.96, p. 50); Commission Decision 96/510/EC (O.J. No. L210, 20.8.96, p. 53) (as amended by Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27); Commission Decision 2002/8/EC (O.J. No. L3, 5.1.2002, p. 53); and the European International Instruments. Relevant provisions in that instrument: Articles 5 and 7. 13. Instrument: Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (O.J. No. L382, 31.12.88, p. 36), as amended by, and as read with— Commission Decision 89/503/EEC (O.J. No. L247, 23.8.89, p. 22); Commission Decision 89/506/EEC (O.J. No. L247, 23.8.89, p. 34); Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66); Commission Decision 96/510/EC (O.J. No. L210, 20.08.96, p. 53) (as amended by Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27)); and the European International Instruments. Relevant provisions in that instrument: Articles 2(2), 5, 7(2) and 9. 14. Instrument: Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats (O.J. No. L153, 6.6.89, p. 30), as amended by, and as read with— Commission Decision 90/258/EEC (O.J. No. L145, 8.6.90, p. 39); Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66); Commission Decision 96/510/EC (O.J. No. L210, 20.08.96, p. 53); Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27); and the European International Instruments. Relevant provisions in that instrument: Articles 3(2) and 6. 15. Instrument: Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (O.J. No. L224, 18.8.90, p. 55), as amended by, and as read with— Council Directive 90/426/EEC (O.J. No. L224, 18.8.90, p. 42); Commission Decision 92/353/EEC (O.J. No. L192, 11.7.92, p. 63); Commission Decision 92/354/EEC (O.J. No. L192, 11.7.92, p. 66); Commission Decision 93/623/EEC (O.J. No. L298, 3.12.93, p. 45) (as amended by Decision 2000/68/EC (O.J. No. L23, 28.1.2000, p. 72)); Council Directive 94/28/EC (O.J. No. L178, 12.7.94, p. 66); Commission Decision 96/78/EC (O.J. No. L19, 25.1.96, p. 39); Commission Decision 96/510/EC (O.J. No. L210, 20.08.96, p. 53); Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27); and the European International Instruments. Relevant provisions in that instrument: Articles 6 and 8. 1. Any person transporting cattle, pigs, sheep or goats in intra-Community trade shall do so in accordance with this Part. 2. He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall preserve that information in the register for at least three years—
(b) places and dates of delivery, and the name or business name and address of the consignee; (c) species and number of animals carried; (d) date and place of disinfection; and (e) the unique identifying number of accompanying health certificates.
3.
He shall ensure that the means of transport is constructed in such a way that the animal faeces, litter or feed cannot leak or fall out of the vehicle.
(ii) in the case of sheep or goats, Council Directive 91/68/EEC[37], and in particular the provisions laid down in Article 8c of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and
(b) the transport of animals shall be entrusted to staff who possess the necessary ability, professional competence and knowledge.
1. Every dealer in cattle, pigs, sheep or goats engaging in intra-Community trade shall comply with the provisions of this Part. 2. —(1) The dealer shall:
(b) be registered with, and have a registration number issued, by the Department.
(2) The Department shall only issue an approval under this paragraph if satisfied that the dealer will comply with the provisions of this Part and, in the case of a dealer in sheep or goats, that the dealer has agreed to comply with the requirements for the operation of his premises which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the premises are capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.
(b) the origin of the animals; (c) the date of purchase; (d) the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats; (e) the registration number of the holding of origin or the herd of origin of pigs; (f) the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable); (g) the registration number of the transporter or the licence number of the lorry delivering and collecting animals; (h) the name and address of the buyer and the destination of the animals; and (i) copies of route plans and numbers of health certificates.
5.
In the case of a dealer who keeps cattle, pigs, sheep or goats on his premises he shall ensure that—
(b) all necessary steps are taken to prevent the spread of disease.
6.
—(1) The dealer shall only use premises approved for the purpose by the Department under this paragraph and which, in the case of a dealer in sheep and goats, are specified in an operational agreement created pursuant to paragraph 2(2). For the purposes of this Schedule "audit inspection" is a supplementary check to verify application of hygiene measures and the operation of the establishment in accordance with the conditions laid down in Chapter II of Directive 1990/539. 1. Any reference to "the Directive" in this Part of this Schedule is a reference to Council Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries, of poultry and hatching eggs)[38]. 2. An application for an establishment to become a member of the Northern Ireland Poultry Health Assurance Scheme must be accompanied by the registration fee as set out in Part 2 of this Schedule. 3. The Department shall only grant membership of the Northern Ireland Poultry Health Assurance Scheme to an establishment if—
(ii) the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and
(b) the operator of the establishment, having been notified that the Department is satisfied that the requirements in sub-paragraph (a) are met and has paid the registration fee, which includes the first year membership fee, as set out in Part II and Part III of this Schedule.
4.
The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to an establishment as being requirements that he believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment.
(b) become due upon the receipt by the operator concerned of an invoice for that fee.
9.
The Department—
(b) may suspend or revoke membership if—
(ii) the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive; (iii) if ownership or control of an establishment changes; or (iv) if the operator has not paid the registration fee, the annual membership fee or if a re-inspection fee remains unpaid 30 days after becoming due.
1. The Department shall—
(b) publish the current registration fee on the website of the Department of Agriculture and Rural Development[39].
2.
The registration fee shall be payable to the Department in respect of each establishment for which an application is made and shall be non-refundable. 1. For first time applicants the registration fee will include the first year membership fee. 2. For subsequent annual inspections members inspections will be carried out by an AVI. 3. For inspections carried out by an AVI not directly employed by the Department of Agriculture and Rural Development—
(b) the Department shall determine the administration fee and the supplementary audit inspection fee associated with an inspection by an AVI; and (c) publish the current administration fee and the supplementary audit inspection fee associated with an inspection by an authorised veterinary inspector on the website of the Department.
4.
The administration fee and the supplementary audit inspection fee (referred to in para.3(b)) shall be payable to the Department in respect of each establishment and shall be non-refundable. The Department shall—
(b) publish the current re-inspection fee on the website of the Department of Agriculture and Rural Development.
1. In order to meet the requirement of Chapter I of Annex II to the Directive supplementary audit inspections will be carried out by a veterinary inspector directly employed by the Department. 2. The Department shall—
(b) include the cost of a supplementary audit inspection with the annual membership fee; and (c) publish the current supplementary audit inspection fee on the website of the Department of Agriculture and Rural Development.
1. The Department may approve any laboratory that it considers to be suitable for the purposes of carrying out Mycoplasma testing under the Northern Ireland Poultry Health Assurance Scheme. 2. The operator of a laboratory approved under paragraph 1 shall pay the annual approval fee each year as set out in Part II of this Schedule. 3. In order to ensure that approved laboratories remain suitable for approval, an inspector shall carry out inspections and quality assurance testing as the Department considers necessary. 4. The Department may suspend or revoke an approval granted to a laboratory under regulation 9(5) and paragraph 1 of this Part where it considers that the laboratory cannot meet the conditions on which the approval was granted, or if in its opinion the laboratory otherwise appears no longer suitable for the purposes of carrying out Mycoplasma testing under the Northern Ireland Poultry Health Assurance Scheme. 5. The Department may end a suspension of an approval imposed under regulation 9(5) and paragraph 4 of this Part if it is satisfied that the laboratory concerned has taken adequate measures to enable it to fulfill the conditions of approval and is suitable for the purposes of carrying out Mycoplasma testing under the Northern Ireland Poultry Health Assurance Scheme. 1. The Department shall—
(b) publish the current annual approval fee on the website of the Department of Agriculture and Rural Development.
2.
The annual approval fee shall be payable to the Department in respect of each approved laboratory and shall be non-refundable. African horse sickness African swine fever Avian influenza Bluetongue Bovine spongiform encephalopathy Classical swine fever Contagious bovine pleuropneumonia Dourine Equine encephalomyelitis of all types, (including Venezuelan equine encephalomyelitis) Foot and mouth disease Glanders Infectious equine anaemia Infectious haematopoietic necrosis Infectious Salmon anaemia Lumpy skin disease Newcastle disease Peste des petits ruminants Rift valley fever Rinderpest Sheep and goat pox Small hive beetle (Aethina tumida) Swine vesicular disease Teschen disease Tropilaelaps mite Vesicular stomatitis Viral haemorrhagic septicaemia 1. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (O.J. No. L146, 14.6.79, p. 15), as amended by, and as read with— Commission Decision 2004/212/EC (O.J. No. L73, 11.3.2004, p. 11); Commission Decision 2004/410/EC (O.J. No. L151, 30.4.2004, p. 31); Commission Decision 2004/620/EC (O.J. No. L279, 28.8.2004, p. 30); and Commission Decision 2006/9/EC (O.J. No. L7, 12.1.2006 p. 23). 2. Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs (O.J. No. L156, 7.7.95, p. 76), as amended by, and as read with— Commission Decision 96/628/EC (O.J. No. L282, 1.11.96, p. 73); Commission Decision 96/659/EC (O.J. No. L302, 26.11.96, p. 27); Commission Decision 97/183/EC (O.J. No. L76, 18.3.97, p. 32); Commission Decision 2001/732/EC (O.J. No. L 275, 18.10.2001, p. 14); Commission Decision 2001/751/EC (O.J. No. L 281, 25.10.2001, p. 24); Commission Decision 2002/183/EC (O.J. No. L 61, 2.3.2002, p. 56); and Commission Decision 2004/118/EC (O.J. No. L36, 7.2.2004, p. 34). 3. Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (O.J. No. L278, 31.10.2000, p. 26) as read with Council Directive 92/65/EEC. 4. Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (O.J. No. L302, 21.11.2003, p. 22), as amended by, and as read with— Commission Decision 2004/623/EC (O.J. No. L280, 31.8.2004, p. 26); and Commission Decision 2005/409/EC (O.J. No. L139, 2.6.2005, p. 16). 5. Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (O.J. L324, 11.12.2003, p. 37), as amended by, and as read with— Commission Decision 2004/454/EC (O.J. No. L156, 30.4.2004, p. 29);and Commission Decision 2005/742/EC (O.J. No. L279, 22.10.2005, p.71). 6. Commission Decision 2003/881/EC concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC (O.J. No. L328, 17.12.2003, p. 26), as amended by Commission Decision 2005/60/EC (O.J. No. L25, 28.1.2005, p. 64), and as read with Council Decision 79/542/EEC (as that Council Decision is defined under paragraph 1 of this Part) in respect of which the derogation in Article 1(2) permitting the imports of bees from the state of Hawaii in the United States of America may be relied on. 7. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of living equidae and semen, ova and embryos of the equine species (O.J. No. L73, 11.3.2004, p. 1). 8. Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres (O.J. No. L27, 29.1.2005, p. 48), as read with— (1) Council Directive 92/65/EEC; and (2) Regulation (EC) No. 998/2003. 1. Instrument: Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (O.J. No. L146, 14.6.79, p. 15), as amended by, and as read with— Commission Decision 2004/212/EC (O.J. No. L73, 11.3.2004, p. 11); Commission Decision 2004/410/EC (O.J. No. L151, 30.4.2004, p. 31); Commission Decision 2004/554/EC (O.J. No. L248, 9.7.2004, p. 1); Commission Decision 2004/620/EC (O.J. No. L279. 28.8.2004, p. 30); and Commission Decision 2006/9/EC (O.J. No. L7, 12.1.2006 p. 23). Relevant provisions in that instrument: Articles 3, 4, 5, 6 and 7. 2. Instrument: Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals (O.J. No. L139, 30.4.2004, p. 321[40]), as read with— Council Decision 79/542/EEC (O.J. No L146, 14.6.79, p. 15) as described in paragraph 1 of this Part; Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29); Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56); Council Directive 91/628/EEC (O.J. No. L340, 11.12.91, p. 17); Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54); and the European international instruments. Relevant provisions in that instrument: Articles 3, 7 and 11 General 3. —(1) Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L224, 18.8.90, p. 42), as amended by, and as read with— Council Directive 90/425/EEC (O.J. No. L224, 18.8.90, p. 29); Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56); Council Directive 92/36/EEC (O.J. No. L157, 10.6.92, p. 28); Commission Decision 92/130/EEC (O.J. No. L47, 22.2.92, p. 26); Commission Decision 95/329/EC (O.J. No. L191, 12.8.95, p. 36); Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53); Commission Decision 2002/160/EC (O.J. No. L53, 23.3.2002, p. 37); Council Directive 2004/68/EC (O.J. No. L139, 30.4.2004, p. 321); and the European International Instruments. Relevant provisions in that instrument: Articles 11, 12(1), 13 to 16 and 18. (2) Instrument: Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species (O.J. No. L73, 11.3.2004, p. 1). Relevant provision in that instrument: Article 6. Temporary admission of registered horses (3) Instrument: Commission Decision 92/260/EEC (O.J. No. L130, 15.5.92, p. 67) as amended by, and read with— Commission Decision 93/344/EEC (O.J. No. L138, 9.6.93, p. 11); Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p. 11); Commission Decision 94/561/EC (O.J. No. L214, 19.8.94, p. 17); Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9); Commission Decision 95/323/EC (O.J. No. L190, 11.8.95, p. 11); Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53); Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1); Commission Decision 97/10/EC (O.J. No. L3, 7.1.97, p. 9) as amended by Decision 2001/622/EC (O.J. No. L216, 10.8.2001, p. 26); Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44); Commission Decision 98/594/EC (O.J. No. L286, 23.10.98, p. 53); Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77); Commission Decision 99/613/EC (O.J. No. L24, 15.9.99, p. 12); Commission Decision 2000/209/EC (O.J. No. L64, 11.3.2000, p. 22); Commission Decision 2001/117/EC (O.J. No. L43, 14.2.2001, p. 38); Commission Decision 2001/611/EC (O.J. No. L214, 8.8.2001, p. 49); Commission Decision 2001/619/EC (O.J. No. L215, 9.8.2001, p. 55); Commission Decision 2001/828/EC (O.J. No. L308, 27.11.2001, p. 41); Commission Decision 2002/635/EC (O.J. No. L206, 3.8.2002, p. 20); Commission Decision 2002/636/EC (O.J. No. L206, 3.8.2002, p. 27); Commission Decision 2003/13/EC (O.J. No. L7, 11.1.2003, p. 86); Commission Decision 2003/541/EC (O.J. No. L185, 24. 7.2003, p. 41); Commission Decision 2004/117/EC(O.J. No. L36, 7.2.2004, p.20); Commission Decision 2004/177/EC (O.J. No. L55, 24.2.2004, p. 64); Commission Decision 2004/241/EC (O.J. No. L74, 12.03.2004, p. 19); and the European International Instruments. Relevant provision in that instrument: Article 1. Registered horses for racing, etc, upon re-entry (4) Instrument: Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (O.J. No. L86, 6.4.93, p. 1), as amended by, and as read with— Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p. 11); Commission Decision 94/561/EC (O.J. No. L214, 19.8.94, p. 17); Commission Decision 95/99/EC (O.J. No. L76, 5.4.95, p. 16); Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9); Commission Decision 95/323/EC (O.J. No. L190, 11.8.95, p. 11); Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1); Commission Decision 97/684/EC (O.J. No. L287, 21.10.97, p. 49); Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44); Commission Decision 98/567/EC (O.J. No. L276, 13.10.98, p. 11); Commission Decision 98/594/EC (O.J. No. L286, 23.10.98, p. 53); Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77); Commission Decision 99/558/EC (O.J. No. L211, 11.8.99, p. 53); Commission Decision 2000/209/EC (O.J. No. L64, 11.3.2000, p. 64); Commission Decision 2000/754/EC (O.J. No. L303, 12.12.2000, p. 34); Commission Decision 2001/117/EC (O.J. No. L43, 14.2.2001, p. 38); Commission Decision 2001/144/EC (O.J. No. L53, 23.2.2001, p. 23); Commission Decision 2001/610/EC (O.J. No. L43, 8.8.2001, p. 45); Commission Decision 2001/611/EC (O.J. No. L214, 8.8.2001, p. 49); Commission Decision 2004/211/EC (O.J. No. L73, 11.3.2004, p. 1); Commission Decision 2005/605/EC (O.J. No. L206, 9.8.2005, p.16); Commission Decision 2005/771/EC (O.J. No. L291, 5.11.2005, p. 38); Commission Decision 2005/943/EC (O.J. No. L342, 24.12.2005, p. 94); and the European International Instruments. Relevant provision in that instrument: Article 1. Equidae for slaughter (5) Instrument: Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter (O.J. No. L86, 6.4.93, p. 7), as amended by, and as read with— Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p.11); Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9); Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53); Commission Decision 96/82/EC (O.J. No. L19, 25.1.96, p. 56); Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1); Commission Decision 97/36/EC (O.J. No. L14, 17.1.97, p. 57); Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44); Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77); Commission Decision 2001/117/EC (O.J. No. L43, 14.2.01, p. 38); Commission Decision 2001/611/EC (O.J. No. L214, 8.8.01, p. 49); and the European International Instruments. Relevant provision in that instrument: Article 1. Registered equidae for breeding and production (6) Instrument: Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production (O.J. No. L86, 6.4.93, p. 16), as amended by, and as read with— Commission Decision 93/510/EEC (O.J. No. L238, 23.9.93, p. 45); Commission Decision 93/682/EEC (O.J. No. L317, 18.12.93, p. 82); Commission Decision 94/453/EC (O.J. No. L187, 22.7.94, p. 11); Commission Decision 94/561/EC (O.J. No. L214, 19.8.94, p. 17); Commission Decision 95/322/EC (O.J. No. L190, 11.8.95, p. 9); Commission Decision 95/323/EC (O.J. No. L190, 11.8.95, p. 11); Commission Decision 95/536/EC (O.J. No. L304, 16.12.95, p. 49); Commission Decision 96/81/EC (O.J. No. L19, 25.1.96, p. 53); Commission Decision 96/82/EC (O.J. No. L19, 25.1.96, p. 56); Commission Decision 96/279/EC (O.J. No. L107, 30.4.96, p. 1); Commission Decision 97/10/EC (O.J. No. L3, 7.1.97, p. 9), as amended by Commission Decision 2004/117/EC (O.J. No. L036, 7.2.2004, p. 20); Commission Decision 97/36/EC (O.J. No. L14, 17.1.97, p. 57); Commission Decision 98/360/EC (O.J. No. L163, 6.6.98, p. 44); Commission Decision 98/594/EC (O.J. No. L286, 23.10.98, p. 53); Commission Decision 99/228/EC (O.J. No. L83, 27.3.99, p. 77); Commission Decision 99/236/EC (O.J. No. L87, 31.3.99, p. 13); Commission Decision 99/252/EC (O.J. No. L96, 10.4.99, p. 31); Commission Decision 99/613/EC (O.J. No. L243, 15.9.99, p. 12); Commission Decision 2000/209/EC (O.J. No. L64, 11.3.2000, p. 64); Commission Decision 2001/117/EC (O.J. No. L43, 14.2.2001, p. 38); Commission Decision 2001/611/EC (O.J. No. L214, 8.8.2001, p. 49); Commission Decision 2001/619/EC (O.J. No. L215, 9.8.2001, p. 55); Commission Decision 2001/754/EC (O.J. No. L282, 26.10.2001, p. 34); Commission Decision 2001/766/EC (O.J. No. L288, 1.11.2001, p. 50); Commission Decision 2001/828/EC (O.J. No. L308, 27.11.2001, p. 41); Commission Decision 2002/635/EC (O.J. No. L206, 3.8.2002, p. 20); Commission Decision 2002/841/EC (O.J. No. L206, 25.10.2002, p. 42); Commission Decision 2003/541/EC (O.J. No. L185, 24.07.2003, p. 41); Commission Decision 2004/177/EC (O.J. No. L55, 24.2.2004, p. 64); Commission Decision 2004/241/EC (O.J. No. L74, 12.3.2004, p. 19); and the European International Instruments. Relevant provision in that instrument: Article 1. Additional requirements:
(b) The test results must be attached to the health certificate accompanying the imported equidae.
4. Instrument: Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L303, 30.10.90, p. 6) as amended by, and as read with— Council Directive 91/494/EEC (O.J. No. L268, 24.9.91, p. 35); Council Directive 91/496/EEC (O.J. No. L268, 24.9.91, p. 56); Council Directive 92/65/EEC (O.J. No. L268, 14.9.92, p. 54); Commission Decision 92/369/EEC (O.J. No. L195, 14.7.92, p. 25); Council Directive 93/120/EEC (O.J. No. L340, 31.12.93, p. 35); Commission Decision 96/482/EC (O.J. No. L196, 7.8.96, p. 13); Commission Decision 96/628/EC (O.J. No. L282, 1.11.93, p. 73); Council Directive 99/89/EC (O.J. No. L300, 23.11.99 p. 17); Council Directive 99/90/EC (O.J. No. L300, 23.11.99, p. 19); Commission Decision 2000/505/EC (O.J. No. L201, 9.8.2000, p. 8); Commission Decision 2002/183/EC (O.J. No. L61, 2.3.2002, p. 56); Commission Decision 2002/542/EC (O.J. No. L176, 5.7.2002, p. 43); Commission Decision 2004/118/EC (O.J. No. L36, 7.2.2004, p. 34); and the European International Instruments. Relevant provisions in that instrument: Articles 20, 21(1), 22(1), 23, 24, 27(2) and 28. 5. Instrument: 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 Council Directive 90/425/EEC (O.J. No. L268, 14.9.92, p. 54), as amended by, and as read with— Commission Decision 95/176/EC (O.J. No. L117, 24.5.95, p. 23); Commission Decision 2001/298/EC (O.J. No. L102, 12.4.2001, p. 63); Commission Regulation (EC) No 1282/2002 (O.J. No. L187, 16.7.2002, p. 3); Council Regulation (EC) No. 1802/2002 (O.J. No. L274, 11.10.2002, p. 21); Council Regulation (EC) No 998/2003 (O.J. No. L146, 13.6.2003, p. 1); Council Regulation (EC) No. 1398/2003 (O.J. No. L198, 6.8.2003, p. 3); Council Directive 2004/68/EC (O.J. No. L226, 25.6.2004, p. 128); Commission Decision 2004/595/EC (O.J. No. L266, 13.8.2004, p. 11); and the European International Instruments and Joint Committee Decision 69/96 of 17 July 1998 amending Annex 1 (Veterinary and Phytosanitary matters) to the Agreement on the European Economic Area (O.J. No. L158, 24.6.99, p. 1). Relevant provisions in that instrument: Articles 16, 17(1), 17(2) and 18. 6. Instrument: Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (O.J. No. L278, 31.10.2000, p. 26) as read with or amended by— Council Directive 92/65/EC; Commission Decision 2001/383/EC (O.J. No. L137, 19.5.01, p. 28); Commission Decision 2002/279/EC (O.J. No. L99, 16.04.02, p.17); and the European International Instruments. Relevant provisions in that instrument: Articles 1, 2, 3, 8 (insofar as not already provided for under regulations 16, 17 and 30), and 9. 7. Instrument: Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres (O.J. No. L27, 29.1.2005, p. 48), as read with— Council Directive 92/65/EEC; and Regulation (EC) No. 998/2003. Relevant provisions in that instrument: Article 1 8. Instrument: Commission Decision 2003/56/EC on health certificates relating to live animals, their semen, ova and embryos imported from New Zealand (O.J. No. L22, 25.1.03, p. 38) as amended by— Commission Decision 2004/784/EC (O.J. No. L346, 23.11.2004, p. 11) Relevant provisions in that instrument: Articles 1, 2 and 3. 9. Instrument: Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (O.J. No. L178, 12.7.94, p. 66), as read with— Commission Decision 96/509/EC (O.J. No. L210, 20.8.96, p. 47); and Commission Decision 96/510/EC (O.J. No. L210, 20.8.96, p. 53) as amended by Commission Decision 2004/186/EC (O.J. No. L57, 25.2.2004, p. 27). Relevant provisions in that instrument: Article 4. 10. —(1) Instrument: Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (O.J. No. L302, 21.11.2003, p.22), as amended by, and as read with— Commission Decision 2004/623/EC (O.J. No. L280, 31.8.2004, p. 26); Commission Decision 2005/409/EC (O.J. No. L139, 2.6.2005, p. 16). Relevant provision in that instrument: Articles 3, 4, 5, 6, 7 and 8. (2) Instrument: Commission Decision 2003/858/EC laying down the specific animal health conditions and certification requirements for imports of live fish, their eggs, and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (O.J. L324, 11.12.2003, p.37.) as amended by, and as read with— Commission Decision 2004/914/EC(O.J. No. L385, 29.12.2004, p. 60); and Commission Decision 2005/742/EC (O.J. No. L279, 22.10.2005, p. 71) (3) Relevant provisions in that instrument: Articles 3, 4, 5, 6, 7, 8 and 9. 11. Instrument: Commission Decision 2003/881/EC concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC (O.J. No. L328, 17.12.2003, p. 26); as amended by Commission Decision 2005/60/EC (O.J. No. L25, 28.1.2005, p.64), and as read with Council Directive 92/65/EEC and the European International Instruments. Relevant provisions in that instrument: Articles 1(1), (2), (3) and (4), and Article 2 (pursuant to which the derogations from Articles 1(1), second and third indent, and Articles 1(2) and (3) may be relied on). 1. The Department may, if it is satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of—
(b) a quarantine facility for which it has charge and which at least meets the minimum conditions set out in Annex B of the Decision in relation to quarantine facilities.
2.
Subject to the provisions of paragraph 4 of this Part, an approval shall expire at the end of 12 months from the date of its being granted unless—
(b) an earlier expiry date is provided for at the grant of an approval under paragraph 1; or (c) it is revoked under regulation 2(6)(c).
3.
The Department shall give reasons in writing—
(b) for attaching conditions to an approval granted under this Schedule; (c) for providing that such an approval shall expire earlier than 12 months from the date of its being granted.
4.
Notice of a revocation or suspension of an approval granted under this Schedule shall—
(b) state—
(ii) the time and date when it is to take effect;
(c) be served upon the quarantine manager—
(ii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned, in which case it shall be deemed to be served at 12 noon on the second day after posting it; and
(d) be copied to the importer, and so far as is practicable, if the importer is not the owner of the birds concerned, to the owner of the birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.
5.
Where an approval is revoked or is to be revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would in the opinion of a veterinary inspector cause a significant public or animal health risk, he may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served and copied to any importer and owner concerned as if it were a notice to which paragraph 4(c) and (d) applied. 6. The Department shall determine the approval fee on the basis of the cost of inspection by a Departmental veterinary inspector and associated administrative costs. 7. The approval fee shall be payable to the Department in respect of each quarantine centre or quarantine facility for which an application is made and shall be non-refundable. 8. In this Part "unit" in relation to a quarantine centre has the same meaning as it has in the Decision. 9. Birds shall be quarantined for a period ("the quarantine period") of at least 30 days at the quarantine centre or quarantine facility to which they have been conveyed from the border inspection post and in the case of a quarantine facility at which consignments arriving at different dates are quarantined, the quarantine period shall be extended to expire no sooner than 30 days after the last consignment arrived at the quarantine facility. 10. A bird may not share a unit with any other bird at a quarantine centre unless that other bird arrived in the same consignment as the first bird, and in the event that one bird shares a unit with another, the quarantine period for any bird in the unit shall be extended to expire no sooner than 30 days after the last bird was placed in the unit. 11. Psittaciformes shall be identified individually in accordance with the requirements of Part B of Chapter 2 of Annex B to the Decision. 12. The use of sentinel chickens shall conform with Article 4(2) of the Decision. 13. Suitable arrangements shall be made for the taking of samples by a veterinary inspector in accordance with Articles 4(1), (3), (4)(c) and (d), and (5) of the Decision. 14. The presence or suspected presence of disease in a bird at a quarantine centre or quarantine facility, and the death of any bird during the quarantine period described in paragraphs 2 or 3 as the case may be shall be reported to the veterinary inspector supervising the quarantine centre or quarantine facility as soon as reasonably practical. 15. A person shall not enter a quarantine centre or quarantine facility unless the quarantine manager in charge of the centre or facility is reasonably satisfied that person satisfies the condition in regulation 17(6)(a) and one of the criteria in regulation 17(6)(b). 16. The destruction, cleansing and disinfection and post-infection sampling from sentinel chickens or other birds in other units (in the case of quarantine centres), and the restrictions on movements onto or off the quarantine centre or quarantine facility shall conform with Article 4(4) of the Decision, unless notice is served under regulation 19(2)(b). 17. Cages and crates used for the transport of birds to the quarantine centre or quarantine facility shall be destroyed by the quarantine manager in such a way as to avoid the spread of disease, unless the cages or crates are made of a material which allows effective cleaning and disinfection, in which case they may be cleansed, disinfected and re-used. 18. Litter and waste material from the quarantine centre or quarantine facility shall be collected, stored and treated as approved or required in writing by the official veterinarian in accordance with paragraph 9 of Part A of Chapter 2 of Annex B to the Decision and in any event so as to avoid spread of disease. 19. A record shall be maintained and retained for at least one year—
(b) of individual identification numbers of psittaciformes held at the quarantine centre or quarantine facility; (c) of any significant observations as to the condition of captive birds during quarantine; (d) of illness and number of deaths, recorded on a daily basis; (e) of dates and results of veterinary tests carried out in respect of captive birds during quarantine; (f) of dates and type of veterinary or other treatment administered to captive birds during quarantine; and (g) of names of persons entering the quarantine centre or quarantine facility, including the authority by which entry was gained.
20.
A copy of the health certificate and the common veterinary entry document referred to in Article 3 of Commission Regulation (EC) No. 282/2004 which accompanies a captive bird upon import shall be kept for at least one year after the arrival of that captive bird at the quarantine centre or quarantine facility.
(This note is not part of the Regulations) These Regulations revoke and re-make with changes the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 78) ("the 2005 Regulations"). 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— Intra-Community trade 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 the provisions of regulations 5, 6 and 7 which give effect to the veterinary check and transport requirements for such trade under Directive 90/425/EEC. Part I of Schedule 2 lists individual instruments governing trade of specific types, identifying relevant provisions and specifying any additional requirements which must be complied with pursuant to regulations 5 and 6. These Regulations provide a statutory basis for the Northern Ireland Poultry Health Assurance Scheme, which is a means of approving and monitoring poultry establishments engaging in intra-Community trade of poultry and hatching eggs. The approval and monitoring of such establishments is a requirement of Council Directive 90/539/EEC. Regulation 5(5) prohibits exports unless the commodities originate from an establishment which is a member of the Northern Ireland Poultry Health Assurance Scheme and conforms to the requirements of Directive 90/539/EEC. Schedule 3 sets out how the fees for membership and registration are calculated and provides for re-inspection fees. It also provides for powers for suspension or revocation of membership under specified circumstances. The Regulations set out the procedures and requirements for the registration of dealers in animals and animal products (regulation 8), and the approval of centres and teams engaging in intra-Community trade in animals and animal products (regulation 9). Regulation 9, with Schedule 4, provides for approval of laboratories to carry out specified poultry health tests. Powers in regulation 10 provide for checks on intra-community trade at the place of destination as required under Directive 90/425. The Regulations also place duties on consignees of animals and animal products (regulation 11), and provide for the approval of assembly centres (regulation 12). They specify the procedure to be followed in the case of illegal consignments (regulation 13). Imports from third countries These Regulations prohibit the importation of any animal from a third country unless the conditions of Council Directive 91/496/EEC are complied with and the relevant provisions of numerous EU instruments, and any additional requirements, identified in Part II of Schedule 6 are complied with (regulation 15). Regulation 15, with Part I of Schedule 6 prescribes the third countries from which animals may be imported. The procedure for importation of a captive bird is provided for in regulation 16, and the payment of fees in that connection at regulation 18. Procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal are set out in regulations 19 and 20. Regulation 22 requires that, at the place of destination, certain animals (elephants and other Artiodactyla) may not be released until authorised by an authorised officer of the Secretary of State. Post-import controls are provided for in regulation 23. Part IV makes provision for imports from third countries which undergo the requisite veterinary border checks on arrival at another member State. General provisions The Regulations also give powers to the Department to take action in the event of an outbreak of disease in another state (regulation 27) and make provision for the notification of decisions (regulation 28), inspectors' powers of entry (regulation 29) and the recovery of expenses (regulation 30). Obstruction of any person acting in the execution of the Regulations is made an offence (regulation 31), and it is an offence under regulation 32 to contravene the Regulations (excepting certain fees provisions). Penalties are provided for (regulation 32). Disapplication of other legislation relating to the import of animals continues to be provided for (regulation 33, with Schedule 8). The revocation of the 2005 Regulations is provided for at regulation 34. Principal changes made by these Regulations New provisions are included to implement (for the first time in these Regulations), Commission Decision 2000/666/EC (O.J. No. L 278, 31.10.2000, p. 26), in relation to imports of captive birds. Schedule 6 has revised and updated in order to bring the implementation of Community instruments up-to-date at the time of making. Imports of captive birds from third countries A new regulation 17 has been inserted to provide for the arrangements for quarantine of captive birds imported from third countries, as required under Commission Decision 2000/666/EC. Specific requirements are imposed on quarantine managers as to the running of quarantine centres and facilities under regulation 17(2) and Part III of Schedule 7, and there are general prohibitions applying to any persons in respect of entry to a quarantine centre or facility, and removal of birds and carcases from quarantine without the authorisation of a veterinary inspector. Regulation 17 also gives inspectors supplementary powers of entry, and powers of inspection and sampling, and provides for the Agri-food and Biosciences Institute to act as the official laboratory and make charges for laboratory testing carried out in connection with Commission Decision 2000/666/EC. Regulations 15, 16 and 19 have been amended to reflect the implementation in these Regulations of Commission Decision 2000/666/EC, in particular, the provisions now in regulation 19(2) to (4) prescribing the measures which must be taken when avian influenza, Newcastle disease or Chlamydia psittaci is found in an imported captive bird at a quarantine centre or facility. The disapplication provisions in regulation 33 have been revised to reflect disapplication of the Diseases of Animals (Importation of Poultry) Order (Northern Ireland) 1965 S.R. &O 175 in relation to imports of captive birds from third countries. Changes to lists of instruments and "additional requirements" in Schedules 2 and 6 The changes made to Part I of Schedule 2 are in paragraphs 1, 6, 7, 8(1), 9 and 10. The "additional requirement" (d) in paragraph 1, now specifically identifies special conditions on exports of cattle to Germany, Denmark, Italy, Austria, Finland and Sweden. New paragraphs have been added to Part I of Schedule 6 in relation to the countries from which imports are permitted of bees, captive birds, and cats, dogs and ferrets going to approved bodies, institutes or centres. The list in that Part for cloven hoofed animals, elephants and zoo ungulates has also been described more completely and it and the list for finfish have both been updated. In Part II of Schedule 6, paragraphs 1, 2, 3(4) (previously paragraph 6), 5 (previously paragraph 10), 8 (previously paragraph 11), and 10 (previously paragraph 13) have also been revised and updated. New paragraphs list instruments covering trade in bees, captive birds and cats, dogs and ferrets going to approved bodies, institutes or centres. The repeal of Council Directive 72/462/EEC has necessitated removal of paragraph 1 from Part II of Schedule 6 of the revoked 2005 Regulations. A new paragraph (now paragraph 2) further implements Council Directive 2004/68/EC, in relation to zoo ungulates (aspects of the Directive having been implemented in the 2005 Regulations). Notes: [1] S.I. 2000/2812back [4] S.I. 2004 No. 3327 (N.I.23)back [5] O.J. No.L278, 31.10.2000, p.26back [6] O.J. No. L73, Special Edition, 27.3.1972back [7] O.J. No. L1, 3.1.94, p. 1back [8] O.J. No. C241, 29.8.94, p. 21as amended by O.J. No. L 12, 1.1.95, p. 1back [9] O.J. No. L236, 23.9.03, p. 33back [11] O.J. No. L278, 31.10.2000, p. 26back [12] O.J. No. L48, 18.2.2006, p. 48back [13] O.J. No. L103, 12.4.2006, p. 29back [14] O.J. No. L49, 19.2.2004, p.11back [15] O.J. No. P 121, 29.7.64, p.1977: but see O.J. No. L109, 25.4.97, p.1 in which is published Council Directive 97/12/EC amending and updating Directive 64/432/EEC which substantially substituted new textback [16] O.J. No. L224, 18.8.90, p.55back [17] O.J. No. L303, 30.10.90, p.6back [18] O.J. No. L46, 19.2.91, p.1back [19] O.J. No. L46, 19.2.91, p.19back [20] O.J. No. L224, 18.8.90, p.29back [21] O.J. No. L146, 13.6.2003, p.1back [22] O.J. No. L355, 1.12.2004, p.14back [23] O.J. No. L194, 26. 7. 2005, p.4back [24] O.J. No. L139, 30.4.2004, p. 206, a corrigendum to which has been published in O.J. No. L226, 25.06.2004, p. 83back [25] O.J. No. L224, 18.8.90, p.29back [26] O.J. No. L268, 24.9.91, p.56back [27] S.R. 1997 No. 346 as amended by S.R. 1999 No. 326 and S.R. 1999 No. 380back [28] S.R. 1994 No. 118, as amended by S.R. 2000 No. 110back [30] S.R.1977 No. 113 as amended by S.R. 1977 No. 256, S.R. 1994 No. 402, S.R .2000 No. 10 and S.R. 2006 No. 275back [31] O.J. No. L16, 25.1.93, p. 18back [32] O.J. No. L293, 9.11.2005, p. 28back [33] O.J. No. L337, 22.12.2005, p. 60back [34] A corrigendum has been published in O.J. No. L226, 25.6.2004, p. 128back [35] S.R. 1977 No. 113 a amended by S.R.1977 No. 256, S.R. 1994 No. 402, S.R. 2000 No. 10, S.R. 2005 No. 275 and as disapplied in column 3 of the table given in Schedule 8 of these Regulationsback [36] O.J. No. L109, 25.4.97, p.1, as amended by and as read with the provisions listed in paragraph 1 of Part I of Schedule 2back [37] O.J. No. L46, 19.2.91, p.19, as amended by and as read with the provisions listed in paragraph 9 of Part I of Schedule 2back [38] O.J. No. L303, 30.10.90, P.6 as amended by and as read with the provisions listed in para. 6 of Part I of Schedule 2back [40] A corrigendum has been published, the reference for which is O.J. No. L226, 25.6.2004, p. 128back
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