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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Import and Export Restrictions (Foot-and-Mouth Disease) (No. 2) Regulations (Northern Ireland) 2001 No. 204 URL: http://www.bailii.org/nie/legis/num_reg/2001/20010204.html |
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Made | 11th May 2001 | ||
Coming into operation | 11th May 2001 |
(2) Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
(3) The Interpretation Act (Northern Ireland) 1954[7] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Import and export of live animals
3.
- (1) A person shall not export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
(2) By way of derogation from the paragraph (1), the Department may by licence in writing authorise the export of biungulate animals originating outside the United Kingdom if the animals travelled through the United Kingdom in direct and uninterrupted transit on main roads or by rail or sea.
(3) A person shall not import any live animal of species susceptible to foot-and-mouth disease into Northern Ireland from a member State.
Export of fresh meat
4.
- (1) A person shall not export any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate.
(2) In paragraph (1), the reference to "fresh meat" includes minced meat and meat preparations to which Council Directive 94/65/EC[8] applies.
(3) The prohibition in paragraph (1) shall not apply in relation to -
(c) minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations (Northern Ireland) 1997[10] under the following conditions -
(4) Meat, minced meat or meat preparations consigned to a member State under paragraph (2) shall be accompanied by an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words -
Export of meat products
5.
- (1) A person shall not export meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the United Kingdom.
(2) The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products (2)), or to meat products[11]) as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
(3) The prohibition in paragraph (1) shall not apply to -
(4) Meat products consigned to a member State under paragraph (a) or (b) shall be accompanied by an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words -
(5) Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
(6) Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of milk
6.
- (1) A person shall not export milk.
(2) The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least -
(3) The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments under the following conditions -
(4) Milk consigned to a member State under paragraph (2) or (3) shall be accompanied by an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words -
(5) Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
(6) Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of milk products
7.
- (1) A person shall not export milk products.
(2) The prohibition in paragraph (1) shall not apply in relation to -
(3) The prohibitions described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions -
(4) Milk products consigned to a member State under paragraph (2) or (3) shall be accompanied by an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words -
(5) Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
(6) Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of semen, etc.
8.
- (1) A person shall not export semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
(2) The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos produced before 1st February 2001.
(3) The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species[13]) accompanying frozen bovine semen consigned to a member State under paragraph (2) shall bear the following words -
(4) The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species[14]) accompanying bovine embryos consigned to a member State under paragraph (2) shall bear the following words -
Export of hides and skins
9.
- (1) A person shall not export hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
(2) The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
(3) Hides and skins consigned to a member State under paragraph (2) must be accompanied by an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate stating -
(4) Paragraph (3) shall not apply to hides and skins which conform to the requirements of either -
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 12.
Export of animal products
10.
- (1) A person shall not export animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
(2) A person shall not export dung or manure.
(3) The prohibition in paragraph (1) shall not apply in relation to -
(b) blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to -
(c) lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of Chapter 9 of Annex I to Council Directive 92/118/EEC;
(d) animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
(e) sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
(f) semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC;
(g) composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
(h) game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC; or
(i) packed products intended for use as in-vitro diagnostic or laboratory reagents.
(4) Animal products consigned under paragraph (3) must be accompanied by an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate stating -
(5) Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998[15] endorsed in accordance with regulation 12 of these Regulations.
(6) Paragraph (4) shall not apply to products specified in sub-paragraph (e) of paragraph (3) which are accompanied by a commercial document stating either -
(7) Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 12.
(8) Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled "for in-vitro diagnostic use only" or "for laboratory use only".
Exemptions
11.
The prohibitions in Regulations 5, 6, 7 and 10 shall not apply in relation to -
Endorsement of commercial documents
12.
- (1) Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
(2) The certificate referred to in paragraph (1) shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
Third country certificates
13.
A person shall not export anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Department and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of horses
14.
- (1) Any person exporting equidae to a member State shall ensure that they are accompanied by an Animal Health Certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae[16].
(2) An inspector shall only issue a certificate referred to in paragraph (1) if he is satisfied that the animal has not been in an infected area (other than in transit through an infected area by road without being unloaded) to which (in Great Britain) Part III of the Foot-and-Mouth Disease Order 1983[17] or (in Northern Ireland) Part II of the Foot-and-Mouth Disease Order (Northern Ireland) 1962[18] applies at any time in the 15 days prior to certification.
Enforcement
15.
These Regulations shall be enforced by the Department and, in its area, by each district council.
District councils
16.
- (1) Each district council shall, whenever the Department so directs, make to the Department a report on the exercise of its functions under these Regulations in such form and containing such particulars as the Department may direct.
(2) The Department may recover from any district council any expenses reasonably incurred by it in making good any default by that district council under these Regulations.
Powers to give directions
17.
- (1) The Department shall have the power to give directions in writing to a district council concerning the execution and enforcement by it of any provisions of these Regulations for which that council is responsible.
(2) In the exercise of the functions conferred on it by these Regulations a district council shall comply with all relevant provisions of a direction given to it under paragraph (1).
(3) Any directions given under paragraph (1) shall, on application of the Department, be enforceable by mandamus.
Powers of inspectors
18
- (1) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation "premises" includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
(2) An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may -
Powers of customs officers
19.
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
20.
- (1) Where an inspector knows or suspects that animals or animal products are intended for export and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the export of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
(2) A person shall not export anything subject to a notice served under this regulation unless it has been revoked.
(3) A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
(4) Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000[19].
Obstruction
21.
- (1) A person shall not -
(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.
Penalties
22.
- (1) Subject to paragraph (2) a person contravening any provision of these Regulations shall be guilty of an offence.
(2) Nothing in paragraph (1) shall make any failure by a district council to comply with any obligation imposed upon it by virtue of Regulations 15 to 17 an offence.
(3) A person guilty of an offence under regulation 21(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 three months or to both.
(4) A person guilty of any other offence under these Regulations shall be liable -
Certificates, etc. issued in England, Wales or Scotland
23.
Where these Regulations require any certificate, licence or approval to be issued or granted by the Department for any purpose, an equivalent certificate, licence or approval issued in England, Wales or Scotland by the relevant competent authority is valid for the same purpose.
Revocation
24.
The Import and Export Restrictions (Foot-and-Mouth Disease) Regulations (Northern Ireland) 2001[20] are hereby revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
11th May 2001.
L.S.
R. S Johnston
A Senior Officer of the Department of Agriculture and Rural Development
[3] O.J. No. L125, 5.5.2001, p. 46back
[4] O.J. No. L62, 2.3.2001, p. 22 as amended by Commission Decisions 2001/190/EC (O.J. No. L67, 9.3.2001, p. 88), 2001/209/EC (O.J. No. L76, 16.3.2001, p. 35), 2001/239/EC (O.J. No. L86, 27.3.2001, p. 33), 2001/268/EC (O.J. No. 194, 3.4.2001, p. 27), 2001/316/EC (O.J. No. L109, 19.4.2001, p. 72) and 2001/318/EC (O.J. No. L109, 19.4.2001, p. 75)back
[5] O.J. No. L26, 31.1.1997, p. 85 as last amended by Council Directive 92/45/EEC (O.J. No. L268,14.9.1992, p. 35)back
[6] O.J. No. L268, 14.9.92, p. 1 as last amended by Council Directive 94/71/EC (O.J. No. 368, 31.12.94, p. 33)back
[8] O.J. No. L368, 31.12.94, p. 10back
[9] O.J. No. 121, 27.9.1964, p. 2012/64; Directive updated by Directive 91/497/EEC (O.J. No. L268, 24.9.1991, p. 69) as last amended by Directive 95/23/EC (O.J. No. L243, 11.10.1995, p. 7)back
[10] S.R. 1997 No. 495 as amended by S.R. 2000 No.78 and 2000 No. 191back
[11] O.J. No. L47, 21.2.1980, p. 4back
[12] O.J. No. L62, 15.3.1993, p. 49back
[13] O.J. L194, 22.7.1988, p. 10back
[14] O.J. L302, 19.10.1989, p. 11back
[15] S.R. 1998 No. 45 as amended by S.R. 1998 No. 163, S.R. 2000 No. 78 and S.R. 2000 No. 191back
[16] O.J. No. L224, 18.8.1990, p. 42back
[17] S.I. 1983/1950 as amendedback
[18] S.R. & O. 1962 as amended by S.R. 2001 No. 82 and S.R. 2001 No. 93back