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

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Regulations 2, 5, 13,18 and 21

SCHEDULE 1SEuropean Union legislation

EU legislationSubject
Council Directive 64/432/EECBovine animals and swine
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 M1Bovine semen
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 M2Fresh bovine embryos
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 M3Porcine semen
Council Directive 91/68/EECSheep and goats
Council Directive 92/65/EECOther animals and products specified in the Directive
Council Directive 92/118/EEC laying down animal health 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 M4Miscellaneous products
F1. . .F1. . .
Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M5Animal products for human consumption
Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption M6Animal products for human consumption
Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC M7Certain live ungulate animals including bovine, ovine, caprine, porcine
F2. . .F2. . .
Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M8Animal products for human consumption
Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M9Animal products for human consumption
F3. . .F3. . .
F4. . .F4. . .
Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene M10Animal feed
Commission Decision 2007/275/ECComposite products
Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals M11Aquatic animals
Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae M12Equidae
Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M13Poultry and hatching eggs
F5. . .F5. . .
Regulation (EC) No 1069/2009Animal by-products
[F6Regulation (EU) No 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof. Purebred breeding animals, hybrid breeding pigs and the germinal products thereof.]
[F7Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products and the Implementing Regulations and Delegated Regulations made under it] [F8Official controls and other official activities]

Textual Amendments

Marginal Citations

M1OJ L 194, 22.7.1988, p.10, as last amended by Commission Implementing Decision 2011/629/EU (OJ L 247, 24.9.2011, p.22).

M2OJ L 302, 19.10.1989, p.1, as last amended by Council Directive 2008/73/EC (OJ L 219, 14.8.2008, p.40).

M3OJ L 224, 18.8.1990, p.62, as last amended by Council Directive 2008/73/EC.

M4OJ L 62, 15.3.1993, p.49, as last amended by Commission Regulation (EC) No 445/2004 (OJ L 72, 11.3.2004, p.60).

M5OJ L 31, 1.2.2002, p.1, as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council.

M6OJ L 18, 23.1.2003, p.11.

M7OJ L 139, 30.4.2004, p.321.

M8OJ L 139, 30.4.2004, p.1, as last amended by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ L 87, 31.3.2009, p.109).

M9OJ L 139, 30.4.2004, p.55, as last amended by Commission Regulation (EU) No 1276/2011 (OJ L 327, 9.12.2011, p.39).

M10OJ L 35, 8.2.2005, p.1, as last amended by Regulation (EC) No 219/2009 of the European Parliament and of the Council.

M11OJ L 328, 24.11.2006, p.14, as last amended by Commission Directive 2008/53/EC (OJ L 117, 1.5.2008, p.27).

M12OJ L 192, 23.7.2010, p.1.

M13OJ L 343, 22.12.2009, p.74, as amended by Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).

Regulations 5, 13, 18 and 33

SCHEDULE 2SAdditional requirements in specific cases

PART 1SAdditional requirements for trade [F9with] member States

Textual Amendments

Assembly centres and dealers in cattle, pigs, sheep or goatsS

1.—(1) The Scottish Ministers may authorise premises to operate as an assembly centre or dealer's premises in accordance with Council Directive 64/432/EEC (in the case of cattle and pigs) or Council Directive 91/68/EEC (in the case of sheep and goats).

(2) The authorisation must specify the dealer or operator authorised to operate the premises.

(3) The Scottish Ministers must be satisfied that the dealer or operator will operate the premises in accordance with Council Directive 64/432/EEC or Council Directive 91/68/EEC.

Transport of cattle, pigs, sheep or goatsS

2.F10(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(2) No person may transport cattle, pigs, sheep or goats to a member State unless authorised by the Scottish Ministers in accordance with Article 11 of Council Regulation 1/2005.]

(3) The transporter must, for each vehicle used for the transport of those animals, keep a register containing the following information—

(a)places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(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.

(4) The register must be kept for at least three years.

(5) The transporter must ensure that the means of transport is constructed in such a way that animal faeces, litter and feed cannot leak or fall out of the vehicle.

(6) The transporter must give a written undertaking to the Scottish Ministers stating that—

(a)in the case of cattle or pigs, Council Directive 64/432/EEC, and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals, will be complied with;

(b)in the case of sheep or goats, Council Directive 91/68/EEC, 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, will be complied with; and

(c)the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

Poultry Health SchemeS

3.  For the purposes of Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M14F12... which establishes a poultry health scheme relating to trade [F13with] member States—

(a)the approval of establishments and laboratories is granted by the Scottish Ministers; and

(b)an annual inspection of an approved establishment must be carried out by a veterinary surgeon appointed for that purpose by the Scottish Ministers for the establishment to remain on the register.

Textual Amendments

Marginal Citations

M14OJ L 343, 22.12.2009, p.74, as last amended by Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).

Approvals for the Balai DirectiveS

4.—(1) No person may trade in apes (simiae and prosimiae) other than between a centre approved by the Scottish Ministers and a centre approved by the competent authority for the other member State in accordance with Article 5 of Council Directive 92/65/EEC M15.

(2) A body seeking approval to use the different health provisions set out in Article 13 of the Council Directive 92/65/EEC must be approved by the Scottish Ministers.

(3) The Scottish Ministers must suspend, withdraw or restore approvals in sub-paragraph (1) or (2) in the circumstances set out in point 6 of Annex C to Council Directive 92/65/EEC.

(4) The Scottish Ministers must approve a body authorised to engage in trade [F14with] member States in semen, ova and embryos in accordance with Article 11 of Council Directive 92/65/EEC if the body meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.

(5) By way of derogation from sub-paragraph (1), the Scottish Ministers may authorise in writing a body approved under this paragraph to acquire an ape (simiae and prosimiae) belonging to an individual.

Textual Amendments

Marginal Citations

M15OJ L 268, 14.9.1992, p.54, as last amended by Commission Regulation (EU) No 176/2010.

CircusesS

5.—(1) The Scottish Ministers are the competent authority for the purposes of Commission Regulation (EC) No 1739/2005 laying down animal health requirements for the movement of circus animals between Member States M16.

(2) No person may contravene Article 8 of that Commission Regulation ([F15obligations on circus operators]).

(3) Notwithstanding regulation 5(1)(a) of these Regulations, no person may contravene Article 10(1) of that Commission Regulation (notification of movement).

Textual Amendments

Marginal Citations

M16OJ L 279, 22.10.2005, p.47.

Animal by-productsS

6.  Animal by-products to which Article 48 of Regulation (EC) No 1069/2009 applies may only be consigned to [F16a member State, or brought into Scotland from a] member State, in accordance with that Article.

Textual Amendments

PART 2SAdditional provisions relating to imports from third countries

Arrival at premises of destinationS

7.—(1) This paragraph applies to elephants and to cattle, pigs, sheep, goats and all other animals of the taxa Artiodactyla, and their crossbreeds.

(2) Animals intended for immediate slaughter must be conveyed without delay from the border inspection post to the slaughterhouse of destination and slaughtered within five working days.

(3) In any other case the animals must be taken without delay from the border inspection post to the holding of destination and kept there for at least 30 days (unless consigned from the holding direct to a slaughterhouse).

Imported birdsS

8.—(1) The Scottish Ministers are the competent authority for [F17the import of certain birds and quarantine conditions for the purposes of] [F18Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof.]

(2) An importer must comply with Article 7 (transport of birds) of that Regulation.

(3) No person may release a bird from quarantine except in accordance with Article 16 (release of birds) of that Regulation.

HorsesS

9.  When a horse is imported from a third country under [F19Commission Implementing Regulation (EU) 2018/659], the official veterinarian must return the health certificate to the person accompanying the horse, and make a record of the certificate.

[F20Ship supplyS

10.(1) A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination.

(2) Within 15 days upon completion of delivery of products by ship, the operator responsible for the delivery, or the representative of the master of the vessel must return the counter-signed official certificate (or send via electronic means and systems) to the competent authorities of the border control post of —

(a)entry; or

(b)the approved Customs warehouse.]

Charges for veterinary checks from New ZealandS

F2111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations 7 and 33

SCHEDULE 3SCases to which Part 3 does not apply

[F22Case 1: Personal imports and small consignmentsS

1.(1) Products referred to in Articles 7 and 10 of Commission Delegated Regulation made in accordance with Article 48(d) and (e) of the EU Regulation.]

Case 2: International means of transportS

2.  Any product that is on board a means of transport operating internationally that is intended for consumption by the crew and passengers and that is—

(a)not unloaded;

(b)transferred directly from one means of transport operating internationally to another at the same port and under customs supervision; or

(c)destroyed as soon as it is unloaded.

[F23Case 3: Research and diagnostic samplesS

3.(1) Subject to sub-paragraph (2), research and diagnostic samples as defined in point (38) of Annex 1 to Regulation (EU) No 142/2011 are exempt from veterinary checks at the border control post provided that they have been authorised in advance by the Scottish Ministers and the consignment is sent directly from the point of entry to the authorised user.

(2) Where research and diagnostic samples are in transit to a member State—

(a)the importer (or a representative) must present the samples at a border control post of entry; and

(b)the competent authority of the post must inform the competent authority of the member State of destination of the arrival of the samples, through the Integrated Management System for Official Controls.]

Case 4: Consignments cleared in [F24a member State] S

4.  Consignments of animals and products that have been presented to a border inspection post in [F25a member State] or another part of the United Kingdom and have been cleared for free circulation.

Case 5: Composite productsS

5.—(1) Composite products and foodstuffs listed in F26...Commission Decision 2007/275/EC.

(2) Composite products not containing meat or meat products, where less than half of the product is processed product of animal origin, provided that such products are—

(a)shelf-stable at ambient temperature or have clearly undergone, in their manufacture, a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(b)clearly identified as intended for human consumption;

(c)securely packaged or sealed in clean containers; and

(d)accompanied by a commercial document and labelled in an official language of a member State, so that that document and labelling together give information on the nature, quality and number of packages of the composite products, the country of origin, the manufacturer and the ingredient.

Case 6: Animals subject to rabies controlS

6.  Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M17 and imported in accordance with a licence under that Order.

Marginal Citations

M17S.I. 1974/2211 to which there are amendments not relevant to these Regulations.

[F27Case 7: Invertebrate animals intended for scientific purposesS

7.(1) Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts (other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014provided that—

(a)they comply with all requisite animal health requirements;

(b)they have been authorised by the Scottish Ministers; and

(c)when the activities relating to the scientific purposes have been carried out, they and any products derived from them (with the exception of any portions used for the scientific purposes) are disposed of or re-dispatched to the third country of origin.

(2) Paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus species), molluscs belonging to the phylum Mollusc or crustaceans belonging to the subphylum Crustacea.]

Regulation 37

SCHEDULE 4SConsequential amendments

Bluetongue (Scotland) Order 2008S

1.  In the Bluetongue (Scotland) Order 2008 M18

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(b)..............................

Textual Amendments

Marginal Citations

M18S.S.I. 2008/11, to which there are amendments not relevant to these Regulations.

Importation of Animal Products and Poultry Products Order 1980S

2.  After article 1 of the Importation of Animal Products and Poultry Products Order 1980 M19 insert—

Scope

1A.  This Order does not apply in relation to any importation in relation to which the Trade in Animals and Related Products (Scotland) Regulations 2012 M20 apply..

Marginal Citations

M19S.I. 1980/14 to which there are amendments not relevant to these Regulations.

Official Feed and Food Controls (Scotland) Regulations 2009S

3.  In Schedule 3 (definition of relevant food law) to the Official Feed and Food Controls (Scotland) Regulations 2009 M21, for sub-head (vii) of paragraph (a) substitute—

(vii)the regulation of the import of and trade in products of animal origin under the Trade in Animals and Related Products (Scotland) Regulations 2012, with the exception of the execution and enforcement under regulation 27 of those Regulations by the Agency;.

Marginal Citations

M21S.S.I. 2009/446 to which there are amendments not relevant to these Regulations.

Fishery Products (Official Controls Charges) (Scotland) Regulations 2007S

4.  In regulation 2 (interpretation) of the Fishery Products (Official Controls Charges) (Scotland) Regulations 2007 M22, for the definition of “third country import” substitute—

third country import” means an import in respect of which a charge is payable under Regulation 882/2004..

Marginal Citations

M22S.S.I. 2007/537, as relevantly amended by S.S.I. 2008/98.

The Swine Vesicular Disease (Scotland) Order 2009S

5.  For article 3(1)(b) (application) of the Swine Vesicular Disease (Scotland) Order 2009 M23 substitute—

(b)any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Scotland) Regulations 2012..

Marginal Citations

The Aquatic Animal Health (Scotland) Regulations 2009S

6.  In regulation 19(5) (disease prevention requirements in respect of transport) of the Aquatic Animal Health (Scotland) Regulations 2009 M24, for paragraph (a) substitute—

(a)border inspection post” means a border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Scotland) Regulations 2012;.

Marginal Citations

M24S.S.I. 2009/85, to which there are amendments not relevant to these Regulations.

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974S

7.  In article 4(11)(a)(ii) (prohibition on landing of animals in Great Britain) of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M25 for “Animals and Animal Products (Import and Export) (Scotland) Regulations 2007” substitute “ Trade in Animals and Related Products (Scotland) Regulations 2012 ”.

Marginal Citations

M25S.I. 1974/2211, article 4(11) was inserted by paragraph 3(h) of the Schedule 2 to the Non-Commercial Movement of Pet Animals Order 2011 (S.I 2011/2883).

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