EU Legislation (Veterinary
Checks – Imports from Third Countries) (Jersey)
Regulations 2016
1 Interpretation
(1) In these Regulations,
unless the context otherwise requires –
“border control post” means a control post designated
for the performance of the official controls provided for in Article 47(1)
of the Official Controls Regulation or approved by the competent authority of
any of the jurisdictions in the British Islands to receive imports from third countries;
“CHED” means the Common Health Entry Document referred
to in Article 56 of the Official Controls Regulation;
“Community area” means the British Islands and the
territories referred to in Annex I to the Official Controls Regulation;
“consignment” means a group of animals of the same
species, covered by the same veterinary certificate or document, conveyed by
the same means of transport and coming from the same third country or same part
of such country;
“Directive” means the Council Directive of 15 July 1991
laying down the principles governing the organization of veterinary checks on
animals entering the Community from third countries and amending Directives
89/662/EEC, 90/425/EEC and 90/675/EEC (91/496/EEC, OJ L 268, 24.9.1991, p. 56[1]) as it applies under Article 149
of the Official Controls Regulation;
“documentary check” means verification of the veterinary
certificates or documents accompanying an animal;
“identity check” means verification, by visual
inspection only, for consistency between the documents or certificates and the
animals and for the presence and conformity of the marks which must appear on
the animals;
“holding” has the same meaning as in the Trade with
Member States Regulations;
“importer” means any person who presents animals which
originate in a third country for importation into Jersey;
“inspector” means a person appointed as such under
Article 6(1) of the Animal Health (Jersey) Law 2016 and includes the States
Veterinary Officer appointed under Article 5 of that Law;
“Official Controls Regulation” means Regulation (EU)
2017/625 of the European Parliament and of the Council of 15 March 2017 on
official controls and other official activities performed to ensure the
application of food and feed law, rules on animal health and welfare, plant
health and plant protection products (OJ L 95, 7.4.2017, p. 1);
“official veterinarian” means –
(a) the
States Veterinary Officer appointed under Article 5 of the Animal Health (Jersey) Law 2016; and
(b) any
inspector designated as a veterinary inspector under Article 6(2) of that
Law;
“third country” means a country or territory that is not
a member State or another place in the British Islands;
“Trade with Member States Regulations” means the EU Legislation (Veterinary and Zootechnical
Checks – Trade with Member States) (Jersey) Regulations 2016.[2]
(2) In these
Regulations –
(a) the
expressions “approved”, “holding”,
“Minister”, “physical check”, “premises”,
“relevant EU instrument” and “veterinary surgeon” have
the same meaning as in the Trade with Member States Regulations;
(b) a
reference to animals as being, or not being, subject to harmonized health rules
shall be construed in accordance with Regulation 2(3) and (4) of those
Regulations; and
(c) in
the case of animals subject to harmonized health rules, a reference to any
relevant EU instrument is a reference to any instrument listed in Schedule 1
to those Regulations and which applies to those animals.
(3) In these Regulations a
reference to an EU instrument is a reference to that instrument as amended from
time to time.
(4) Expressions which are
used in these Regulations and which are not defined in paragraphs (1) to
(3), but are used in the Official Controls Regulation, have the same meaning as
in that Regulation.[3]
2 Application
(1) These Regulations apply
to the importation of animals from third countries.
(2) These Regulations do
not apply to veterinary checks on family pets accompanying travellers for
non-commercial purposes, other than equidae.
3 Regulation
of imports from third countries[4]
No person shall import into Jersey animals which originate in a
third country unless –
(a) the checks required by Article 49(1)
of the Official Controls Regulation have been carried out on or in relation to
the animals at a border control post in another part of the British Islands or
another member State;
(b) the entry of the
animals into the Community area is not prohibited pursuant to the Official
Controls Regulation;
(c) the animals are
transported to Jersey from a place in the Community area without entering the
territory of a third country;
(d) the animals are
accompanied by the documentation required by the Official Controls Regulation
or equivalent documentation prescribed or specified by any law of the United
Kingdom to accompany the animals to a place of destination in the Community
area; and
(e) in the case of animals
that are not subject to harmonized health rules, the animals satisfy the
conditions of importation imposed by or under any enactment.
4 Notice
before arrival[5]
(1) An
importer or consignee of animals must notify the Minister, in writing, at least
one working day before the expected arrival of the consignment, of the nature
of the consignment, its anticipated date of arrival in Jersey and the place of
destination.
(2) The
Minister may reduce the period of time for the notification in
paragraph (1) to at least 4 hours before the expected time of arrival if
the importer or consignee provides evidence that it is not reasonably
practicable to provide notification one working day in advance.
(3) In
this Regulation “working day” means any day, other
than –
(a) a
Saturday or Sunday;
(b) Christmas
Day or Good Friday; or
(c) a day
that is a public holiday under the Public
Holidays and Bank Holidays (Jersey) Act 2010.
5 Application
to animals subject to harmonized health rules
(1) This Regulation applies
to animals which originate outside the Community area and which are subject to
harmonized health rules.
(2) Once the animals have
passed through a border control post, as described in Regulation 3(a),
trade in the animals shall be conducted in accordance with the rules for
veterinary checks in the Trade with Member States Regulations.[6]
6 Quarantine
(1) Where by virtue
of –
(a) in
the case of animals subject to harmonized health rules, any relevant EU
instrument; or
(b) in
the case of animals not subject to harmonized health rules, any enactment,
an animal imported from a third country is required to be placed in
quarantine, the quarantine may take place at the holding of destination or an
approved quarantine centre.[7]
(2) Where animals imported
from a third country are to be quarantined at the holding of destination or at
an approved quarantine centre, the consignor and the recipient of the
consignment shall comply with the requirements for transportation from the border
control post to the holding or centre laid down under the Official Controls
Regulation.[8]
(3) Where it is a condition
of the importation of animals that they be placed in quarantine at the holding
of destination or an approved quarantine centre, the consignor shall comply
with the condition and with the conditions for transportation from the border
control post to the holding or centre in Jersey.[9]
7 Approved
quarantine centres
(1) The conditions for
approval of a quarantine centre as an approved quarantine centre are set out in
the Schedule.
(2) Schedule 3 to the Trade
with Member States Regulations shall apply –
(a) for
the purposes of the approval of quarantine centres; and
(b) to
confer regulatory powers in respect of approved quarantine centres.
(3) For the purposes of
paragraph (2), compliance with the conditions set out in the Schedule to
these Regulations shall be the relevant requirement for the purposes of
paragraph 1(3) and (8) of the said Schedule 3.
8 Post-import
controls
(1) An inspector may, at
all reasonable times, and on production of his or her authority, conduct a
check on a consignment of animals imported from a third country, either during
transport of the consignment or at the consignment’s place of
destination.
(2) Where an inspector
knows or suspects that conditions of importation applicable to the animals
(including requirements for the quarantine or transportation of imported
animals) have not been complied with or there is doubt as to the identity of an
animal, the inspector may, at any time, and on production of his or her
authority carry out any documentary check, identity check or physical check on
that animal as he or she deems appropriate.
(3) If checks carried out
under paragraph (1) or (2) indicate that a consignment of animals is likely
to constitute a danger to animal or human health, an official veterinarian
shall –
(a) seize
the animals; and
(b) arrange
for their slaughter and destruction of the carcases.
(4) If checks carried out
under paragraph (1) or (2) confirm that conditions of importation
applicable to the animals have not been complied with, the following provisions
shall apply.
(5) An inspector shall, by
notice served on the person appearing to the inspector to be in charge of the
animals, require that person to –
(a) shelter,
feed and water and, if necessary, treat the animals;
(b) place
the animals in quarantine or isolate the consignment in such place as may be
specified in the notice, and to take such other action in relation to the
animals as may be necessary for the purpose of preventing the introduction or
spreading of disease into or within Jersey; or
(c) re-despatch
them outside the Community area, where animal health or welfare considerations
so permit, within such period as may be specified in the notice.
(6) An inspector shall,
before exercising any of the powers in paragraph (5), consult the importer
or the importer’s representative.
(7) If the animals are
re-despatched in accordance with paragraph (5)(c), an official
veterinarian shall cancel the veterinary certificate accompanying the rejected
consignment and complete the details of re-consignment in the CHED as soon as
the relevant information is known.[10]
(8) If, in the opinion of
an official veterinarian, re-despatch is not possible, in particular for
reasons of the welfare of animals, the official veterinarian shall, in
accordance with paragraph (9), serve a notice on the person appearing to
the official veterinarian to be in charge of the animals.
(9) A notice served under
paragraph (8) may authorize slaughter of the animals for human consumption
if the animals comply with all of the legislative requirements which must be
complied with before slaughter for human consumption is permitted but, if this
is not possible, shall either –
(a) order
the slaughter of the animals for purposes other than human consumption; or
(b) order
the slaughter of the animals and destruction of the carcases,
specifying, in each case, the conditions regarding control of the
use of the products obtained.
(10) In the event of a notice served
under paragraph (5) or (8) not being complied with, an inspector
may –
(a) seize
any animal to which the notice relates; and
(b) arrange
for the requirements of the notice to be complied with.
(11) The consignor, or the
consignor’s representative, or the person responsible for the animals,
shall be liable for the costs incurred by an official veterinarian or other
inspector in taking measures under this Regulation but, if the animals are
slaughtered pursuant to a notice served under paragraph (8), shall be
entitled, after deduction of costs, to any proceeds of sale.
(12) The powers conferred by
paragraphs (1) and (2) do not confer any right of entry of premises used
solely as a private dwelling without a warrant issued under Regulation 13.
9 Animals
subject to harmonized health rules
(1) This Regulation applies
to animals subject to harmonized health rules which have been imported from a
third country and completed the observation period required by Article 8A(5)
of the Directive.
(2) This Regulation shall
not apply to animals for slaughter or registered equidae.
(3) The operator of the
holding or other place of destination shall, in respect of the animals, comply
with Regulation 10(3), (4), (5)(b), (6), (9) and (10) of the Trade
with Member States Regulations.
10 Rights
to be informed of reasons and rights of appeal
(1) The
Minister or an official veterinarian or inspector shall give reasons for a
decision made in respect of a consignment of animals to the consignor or the
consignor’s representative.
(2) A
consignor or consignor’s representative may request that he or she is
provided with –
(a) a
written record of the decision and the reasons for it; and
(b) written
details of the rights of appeal available to him or her and of the procedure
and time limits applicable.
(3) The
person who made the decision shall comply with a request under paragraph (2).
11 Outbreaks
of disease in third country
(1) This
Regulation applies where the Minister learns, or has reasonable grounds to
suspect, under the procedures set out in Article 67 of the Official
Controls Regulation, or through any other means, the presence, in a third
country of –
(a) a
disease listed in Annex 1 to the Council Directive of
21 December 1982 on the notification of animal diseases within the
Community (82/894/EEC, OJ L 378,31.12.1982, p. 58[11]); or
(b) any
other zoonoses, diseases or other cause likely to constitute a serious hazard
to animals or to human health.[12]
(2) The
Minister may, for the purpose of preventing the introduction into or spreading of
disease within Jersey, by declaration suspend or impose conditions upon the
importation of animals from the third country in question.
(3) The
Minister shall publish a declaration in such manner as he or she thinks fit.
(4) While
a declaration is in force suspending the entry of an animal from a third
country, a person shall not bring the animal into Jersey if it is dispatched
from or originates in that third country.
(5) While
a declaration is in force imposing conditions on the entry of an animal from a
third country, a person shall not bring the animal into Jersey from that third
country if the animal does not comply with those conditions.
12 Entry
of premises – general
Subject to
Regulation 14, an inspector may, on producing his or her authority, enter
premises for the purpose of exercising the powers conferred by these
Regulations (apart from Regulation 13).
13 Entry
of premises where offence suspected
(1) Subject
to Regulation 14, an inspector may, on producing the person’s
authority, enter at all reasonable times any premises on which, or in connection
with which, the person has reasonable grounds for suspecting that an offence
against these Regulations is being or has been committed.
(2) The
inspector may –
(a) inspect
the premises and any equipment and animals on them;
(b) carry
out such tests or other investigations, whether on the premises, equipment on
the premises or animals on the premises, or on samples taken from the premises,
equipment or animals, as the person thinks fit in order to ascertain whether
any offence against these Regulations is being or has been committed; and
(c) for
the purposes of any such test or investigation, require the occupier of the
premises, and any person in the employment of such occupier, to furnish such information
as is in that person’s power to give.
(3) An
inspector may not exercise the power of entry conferred by this Regulation so
as to enter premises used solely as a private dwelling without a warrant issued
under Regulation 14.
14 Warrant
for entry of dwellings
(1) Nothing
in these Regulations authorizes an inspector to enter, as of right, premises
used solely as a private dwelling without a warrant issued under paragraph (2).
(2) The
Bailiff or a Jurat may, on an application by an inspector, issue a warrant
authorizing an inspector to enter premises used solely as a private dwelling
for the purposes mentioned in Regulation 12 or 13.
(3) The
Bailiff or Jurat may only issue a warrant under paragraph (2) if satisfied
that –
(a) there
are reasonable grounds for entry into the premises; and
(b) either –
(i) admission to the
premises has been refused, or refusal is anticipated, and that the occupier has
been notified of the intention to apply for a warrant, or
(ii) an
application for admission or the giving of such notice would defeat the object
of the entry, or the case is one of urgency, or that the premises are
unoccupied or the occupier temporarily absent.
15 Exercise
of powers of entry
(1) A
person exercising any power of entry conferred by these Regulations may be
accompanied by any inspector or veterinarian who is an officer or a
representative of the Commission, for the purpose of enabling that person to
discharge functions under the Official Controls Regulation.[13]
(2) A
person who enters unoccupied premises in exercise of a power conferred by or
under these Regulations must leave them as effectively secured against
unauthorized entry as they were prior to entry.
16 Offences
(1) A
person who contravenes any provision of these Regulations is guilty of an
offence and liable to a fine of level 3 on the standard scale.[14]
(2) A
person who –
(a) hinders
or obstructs an official veterinarian or inspector in the exercise of that
person’s powers under these Regulations; or
(b) refuses
or neglects to furnish, in the time and manner specified, any return or
information when required to do so under these Regulations,
is guilty of an offence and
liable to imprisonment for a term of 6 months and a fine of level 3
on the standard scale.[15]
(3) A
person who knowingly or recklessly contravenes any condition subject to which
an approval is given under these Regulations is guilty of an offence and liable
to a fine of level 3 on the standard scale.[16]
(4) The
holder of an approval given under these Regulations is guilty of an offence and
liable to a fine of level 3 on the standard scale if any condition subject
to which the approval was given is contravened and the holder of the approval
did not take all reasonable precautions and exercise due diligence to avoid the
contravention.[17]
(5) A
person who –
(a) in an
application for approval under these Regulations, makes any statement knowing
that, or reckless as to whether, the statement is false in a material
particular;
(b) furnishes
any return or information when required to do so under these Regulations,
knowing that, or reckless as to whether, the return or information is false in
a material particular; or
(c) fraudulently
alters or uses or permits to be fraudulently used any approval given under
these Regulations or any certificate or other document issued and required as
evidence that a requirement of these Regulations is satisfied,
is guilty of an offence and
liable to imprisonment for a term of 6 months and a fine of level 3
on the standard scale.[18]
17 Offences –
general
(1) Where
an offence against these Regulations committed by a limited liability
partnership or a separate limited partnership or by an incorporated limited
partnership or other body corporate is proved to have been committed with the
consent or connivance of –
(a) in
the case of a limited liability partnership, a person who is a partner of the
partnership;
(b) in
the case of a separate limited partnership or an incorporated limited
partnership –
(i) a general
partner, or
(ii) a
limited partner who is participating in the management of the partnership;
(c) in
the case of a body corporate other than an incorporated limited partnership, a
director, manager, secretary or other similar officer of the body corporate; or
(d) any
person purporting to act in any capacity described in sub-paragraphs (a)
to (c),
the person shall also be
guilty of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(2) If
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if the member were a director of the body
corporate.
18 Animal
Health (Jersey) Law 2016[19]
(1) These
Regulations are not to be construed as permitting the importation of live
cattle, which is prohibited by Article 14 of the Animal
Health (Jersey) Law 2016.
(2) These
Regulations do not derogate from any prohibition, imposed by Order made under
Article 7 of the Animal
Health (Jersey) Law 2016 on the importation of Antilocapridae, Camelidae, Caprinae,
Cervidae, Giraffidae, Suidae and Tragulidae without a licence granted by the
Minister.
19 Fees
(1) The Minister may, by
Order, prescribe fees for the issue of certificates under these Regulations.
(2) Where a fee is
prescribed under paragraph (1), the certificate shall not be issued until
the fee has been paid.
(3) The Minister may, by
Order, prescribe fees for any application for, or the giving of, any approval
to be given, or given, under these Regulations.
(4) Where a fee is
prescribed under paragraph (3) the Minister shall not consider the
application for the approval until the fee has been paid.
(5) The Minister may, by
Order, prescribe fees for any inspection, test or official examination carried
out by or on behalf of an official veterinarian in the discharge of functions
under these Regulations.
(6) Fees prescribed by the
Minister under this Regulation may be determined by reference to rates which
represent the reasonable costs and expenses incurred in employing or
contracting for an official veterinarian to undertake an inspection, test or
official examination, during any given unit of time, whether for the purpose of
the issue of a certificate or the grant of an approval or otherwise in the
discharge of functions under these Regulations.
(7) Fees prescribed by
reference to a rate for an official veterinarian shall be charged in units of
no more than half an hour.
20 Expenses
(1) The consignor, the
consignor’s representative and the person in charge of any animal shall
be jointly and severally liable for any reasonable expenses arising out of or
in connection with the exercise of any power conferred on an official
veterinarian or inspector by these Regulations relating to that animal.
(2) In relation to any
activity undertaken by an official veterinarian or inspector for which a charge
may be made at the rate applicable to that officer –
(a) the
Minister shall by Order determine a rate which represents the reasonable costs
and expenses incurred in employing or contracting for the services of an
official veterinarian or inspector to undertake the activity during any given
unit of time;
(b) time
charged for an activity undertaken by an official veterinarian or inspector
shall be charged in units of no more than half an hour.
21 Orders
amending these Regulations
The Minister may by Order amend the Schedule.
22 Citation
These Regulations may be cited as the EU Legislation (Veterinary
Checks – Imports from Third Countries) (Jersey)
Regulations 2016.