The Trade in Animals and Related Products (Scotland) Regulations 2012

[F1 PART 2 S Derogations from, and modifications to, Part 3 of these Regulations

Textual Amendments

F1 Sch. 5 inserted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(30)

Derogation from regulation 11: place of importation S

3.— (1) Regulation 11 does not apply to relevant goods.

(2) Relevant goods are not required to enter Scotland through a border control post and may enter Scotland through any point of entry.

Derogation from regulation 12: notification of importation S

4.— (1) Regulation 12 does not apply to relevant goods.

(2) From 1st January 2021, relevant goods of the following descriptions must be pre-notified at least one working day before the expected time of arrival at a point of entry into Scotland—

(a) relevant goods which originate from a relevant third country other than a territory subject to special transitional import arrangements;

(b) animal by-products comprising—

(i) Category 1 material;

(ii) Category 2 material;

(iii) processed animal protein derived from Category 3 material.

(3) From [F2 31st July] 2021 relevant goods consisting of products of animal origin must be pre-notified at least one working day before the expected time of arrival at a point of entry into Scotland.

(4) Where the importer can provide evidence of a logistical constraint preventing the notification under sub-paragraphs (2) or (3), that requirement may be satisfied by notification of the consignment’s expected time of arrival at least 4 hours in advance.

(5) This paragraph applies in addition to other requirements for prior notification of the entry into Scotland of relevant goods from a third country during the transitional staging period (see Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation).

(6) In this paragraph—

(a) “pre-notified” means notification that has been given through the appropriate computerised information management system to the authority responsible for performing official controls on the particular category of relevant goods at the place of destination;

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

(c) “a territory subject to special transitional import arrangements” has the same meaning as in paragraph 2 of Annex 6 to the Official Controls Regulation;

(d) “Category 1 material”, “Category 2 material” and “Category 3 material” have the meanings given in Articles 8 to 10 of Regulation (EC) No 1069/2009;

(e) “processed animal protein” has the meaning given in point 5 of Annex I to Commission Regulation (EU) No 142/2011.

Textual Amendments

F2 Words in sch. 5 para. 4(3) substituted (31.3.2021) by The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021 (S.I. 2021/429), regs. 1(2), 3(2)(a)

Derogation from regulation 13: procedure on importation S

5.— (1) Regulation 13 does not apply to relevant goods.

(2) From 1st January 2021, relevant goods consisting of—

(a) live animals or germinal products may not be imported into Scotland unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Scottish Ministers or the Secretary of State from time to time;

(b) products of animal origin and animal by-products must be accompanied by relevant commercial documents which at least identify the premises of origin and destination, and contain a description of the product and the quantity of the product.

(3) From [F3 31st July] 2021, relevant goods consisting of products of animal origin may not be imported into Scotland unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Scottish Ministers or the Secretary of State from time to time.

(4) The documents described in sub-paragraphs (2) and (3) must accompany the consignment of the relevant goods concerned to its place of destination.

(5) Official controls must take place at the place of destination indicated in the relevant accompanying importation documentation on a random or risk basis, and in accordance with regulation 25 and 30.

Textual Amendments

F3 Words in sch. 5 para. 5(3) substituted (31.3.2021) by The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021 (S.I. 2021/429), regs. 1(2), 3(2)(b)

Derogation from regulation 17(a): unchecked consignments S

6.   Regulation 17(a) does not apply to relevant goods which have entered Scotland through a point of entry other than a border control post in accordance with this schedule, or in accordance with Annex 6 to the Official Controls Regulation.

Modification of regulation 18: action following non-compliance: products S

7.   Regulation 18 applies as if—

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

“(1) This regulation applies in relation to any consignment of relevant goods if the consignment does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation.”;

(b) in paragraph (3)(b)—

(i) “from the same border control post” were omitted;

(ii) for “at the border control post” there were substituted “into Scotland”.

Modification of regulation 21: action following non-compliance: animals S

8.   Regulation 21 applies as if in paragraph (1) for “If the checks” to “that animal” there were substituted “If checks show that an animal does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation”.]