The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 (revoked)

PART III S [F1 THIRD COUNTRY IMPORTS ]

Textual Amendments

F1 Pt. III heading substituted (9.5.2008) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/155), regs. 1, 2(4)

Application of Part III S

15.  This Part shall apply in respect of animals imported into Scotland–

(a) from anywhere except from another part of the United Kingdom or from another member State, and

(b) from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.

Official veterinarians S

16.  The Scottish Ministers shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part and may revoke such designation at any time.

Importation S

17.—(1) No person shall import any animal–

(a) either for entry into the United Kingdom or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or

(b) for immediate re export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Scottish Ministers and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.

(2) No person shall import any animal except from a country or territory specified under the Instruments in Part I of Schedule 7.

(3) No person shall import any animal to which an instrument in Part II of Schedule 7 applies unless it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.

[F2 (4) No person may import a captive bird unless it is from an approved breeding establishment as defined in Article 3(b) of Commission Regulation (EC) No. 318/2007.]

(5) Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.

(6) In the event of a notice served under paragraph (4) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.

(7) The person in charge of an animal that has been imported for immediate re export, either directly or indirectly, outside the European Community shall comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004.

Textual Amendments

F2 Reg. 17(4) substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 5

Places of import S

18.—(1) No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M1 may also be imported at places permitted under that Order.

(2) If animals are imported at any place other than a place permitted under paragraph (1), an inspector may by notice require the person appearing to the inspector to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.

(3) Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to the veterinary inspector to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re exported outside the European Community.

(4) In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.

Marginal Citations

M1 S.I. 1974/2211, as amended by S.I. 1977/361, 1984/1182, 1986/2062, 1994/17916 and 2003/229.

Import procedure S

19.—(1) No person shall import any animal unless he has given notice of his intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004.

(2) On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the examination area of the border inspection post or, where the instruments in Schedule 7 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub paragraph of Article 10(1) of Council Directive 91/496/EEC.

[F3 (3) In relation to a captive bird, the importer or the importer's agent shall at the expense of the importer ensure that–

(a) the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine centre or approved quarantine facility in accordance with Article 7 of Commission Regulation (EC) No. 318/2007 (which provides for the direct transport of birds to approved quarantine facilities or centres); and

(b) the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Article 11(1) of Commission Regulation (EC) No. 318/2007 (which requires that birds are quarantined for at least 30 days).]

(4) Without prejudice to regulation 20, and paragraph 6 of Part I of Schedule 8, no person shall remove any animal 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 the official veterinarian.

(5) No person shall remove any animal from Customs temporary storage arrangements–

(a) unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Revenue and Customs and the removal has been authorised by that officer;

(b) to any place other than the place of destination specified in the common veterinary entry document, unless they have been required to remove it to another place by means of a notice served on them by an inspector.

(6) Subject to paragraphs (2) to (5), the person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004.

(7) Where a check at a border inspection post involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may, by notice served on the owner or the person appearing to the official veterinarian to be in charge of an animal, permit the owner or person so served to move the animal from the border inspection post, and require that owner or person to keep the animal 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 animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 23 shall apply as they apply at a border inspection post.

(8) In the event of a notice served under paragraph (5)(b) or (7) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

Textual Amendments

F3 Reg. 19(3) substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 6

Quarantine for captive birds S

[F4 20.— (1) No person may operate a quarantine centre or quarantine facility for the quarantine of captive birds pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007 unless the quarantine centre or quarantine facility has been approved by the Scottish Ministers.

(2) Schedule 8 (quarantine of captive birds) has effect.

(3) A quarantine manager shall–

(a) ensure that the quarantine centre or quarantine facility is maintained and operated in accordance with–

(i) the minimum conditions in Chapter 1 of Annex IV to Commission Regulation (EC) No. 318/2007 (requirements as to construction and equipment);

(ii) paragraph (1)(a) and (c) of Chapter 2 of that Annex (management requirements); and

(iii) any other conditions attached to an approval granted under this regulation;

(b) provide such information to the Scottish Ministers as they may request to enable them to comply with Article 17(2) of Commission Regulation (EC) No. 318/2007 (requiring annual reports from member States to the European Commission as to the number of imported birds, mortality rates and confirmed cases of disease); and

(c) provide such assistance to any veterinary inspector carrying out the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 as that veterinary inspector may reasonably require.

(4) In relation to any consignment of captive birds placed in quarantine pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007, the quarantine manager shall–

(a) ensure compliance with the following Articles of that Commission Regulation–

(i) 10(1)(b) (requiring notification of the arrival of a consignment at the quarantine centre or quarantine facility);

(ii) 11(1);

(iii) 12(2) and (3) (imposing requirements in relation to the use of sentinel birds); and

(iv) 15 (requiring action where Chlamydophyla psittaci is suspected);

(b) ensure there is surveillance of the captive birds during their quarantine which is adequate for the purposes of Commission Regulation (EC) No. 318/2007, and consult with and seek the supervision of a veterinary inspector in respect of any analyses or treatments required under Commission Regulation (EC) No. 318/2007;

(c) ensure compliance with the management requirements in paragraphs (2) to (10), and (12) to (15) of Chapter 2 of Annex IV to the Commission Regulation (EC) No. 318/2007; and

(d) where any captive bird or sentinel bird dies during quarantine, make its carcase available to the veterinary inspector for examination in the official laboratory.

(5) No person may–

(a) contravene any requirement in paragraphs (4) to (6) of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007;

(b) in relation to a captive bird or a sentinel bird which dies during quarantine, remove or dispose of its carcase during the quarantine of captive birds, unless that person is authorised to do so by a veterinary inspector;

(c) release captive birds in breach of Article 16 of Commission Regulation (EC) No. 318/2007 (requiring written authorisation by the official veterinarian for the release of birds from quarantine).

(6) The following persons are authorised to enter a quarantine centre or quarantine facility–

(a) the quarantine manager;

(b) a member of staff who enters with the authority of the quarantine manager;

(c) a person authorised to enter by the Scottish Ministers or by a veterinary inspector; or

(d) a person who otherwise enters in fulfilment of a statutory function in relation to animal health, animal welfare or species conservation which that person is appointed by the Scottish Ministers or by the local authority to perform.

(7) In so far as not provided for under regulation 32, a veterinary inspector may, in relation to the quarantine of captive birds–

(a) enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation, or to assess whether it is appropriate to grant such an approval;

(b) inspect and arrange for copies to be taken of any documents or records (in whatever form they are held) which the veterinary inspector reasonably considers relevant for checking compliance with this regulation and Schedule 8; and

(c) take samples and carry out official veterinary supervision.

(8) A veterinary inspector exercising powers under this regulation shall produce, if required to do so, some duly authenticated document showing the veterinary inspector's authority to exercise those powers.

(9) For the purposes of sampling and testing required under or in connection with Commission Regulation (EC) No. 318/2007, the Veterinary Laboratories Agency is designated the official laboratory.

(10) In this regulation and Schedule 8–

(a) “official veterinary supervision” means the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 in relation to a consignment of captive birds to which Article 11(1) of that Commission Regulation applies;

(b) “quarantine manager” means the person in charge of a quarantine centre or quarantine facility for which approval is required pursuant to Article 11 of Commission Regulation (EC) No. 318/2007; and

(c) references to sampling and the taking of samples are to the taking of samples required under Commission Regulation (EC) No. 318/2007, or which are taken for purposes of reaching a suspected or confirmed diagnosis of Chlamydophyla psittaci.]

Textual Amendments

F4 Reg. 20 substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 7

Payment of fees S

21.  The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless they are satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.

Consignments constituting a danger to health S

22.—(1) Subject to paragraph (2), where checks at a quarantine centre, quarantine facility or border inspection post or the test results referred to in regulation 19(7) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or their representative.

[F5 (2) A veterinary inspector–

(a) shall take or require to be taken, the action required under Article 13(1) and (2) of Commission Regulation (EC) No. 318/2007 in relation to avian influenza or Newcastle disease suspected at a quarantine centre or quarantine facility where captive birds are quarantined, imposing such restrictions as are required by that Article;

(b) shall, where the Scottish Ministers grant a derogation provided for in Article 14 of Commission Regulation (EC) No. 318/2007 (relating to findings of low pathogenic avian influenza or Newcastle disease), take or require to be taken such further measures and impose such restrictions as are required by that Article;

(c) who requires action to be taken by, or imposes restrictions upon, a quarantine manager or other person under this paragraph, shall do so by serving notice specifying the action or restrictions to be taken or observed.

(3) In the event of non-compliance by a quarantine manager with Article 15 of Commission Regulation (EC) No. 318/2007 (requiring treatment of birds suspected of infection with Chlamydophyla psittaci), a veterinary inspector may treat the captive birds concerned, or cause them to be treated, as required by that Article, and shall serve notice extending the period of quarantine required under Commission Regulation (EC) No. 318/2007.]

(4) A notice served under paragraphs (2) and (3) shall be served upon the quarantine manager or other person appearing to the veterinary inspector to be in charge of the centre or facility at the time of service.

(5) A copy of that notice shall be sent to the importer of the birds concerned.

Textual Amendments

F5 Reg. 22(2)(3) substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 8

Illegal consignments S

23.—(1) Where checks at the quarantine centre, quarantine facility or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Commission Regulation (EC) No. 1/2005, in particular the requirements listed in Article 21.1 of that Regulation, a veterinary inspector shall, by notice served on the person appearing to the veterinary inspector to be in charge of those animals, require that person to–

(a) shelter, feed and water and, if necessary, treat the animals;

(b) place them in quarantine or isolate the consignment at 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 Scotland; or

(c) re despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.

(2) Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or their representative.

(3) If the animals are re despatched in accordance with sub paragraph (1)(c), the official veterinarian shall cancel the veterinary certificate accompanying the rejected consignment and complete the box “details of re consignment” in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.

(4) If in the opinion of the veterinary inspector re despatch is not possible, in particular for reasons of the welfare of animals, they shall serve a notice on the person appearing to them to be in charge of the animals in accordance with the following paragraph.

(5) A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all 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 carcasses, specifying in each case the conditions regarding control of the use of the products obtained.

(6) In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

(7) The importer or their representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.

Arrival at the place of destination S

24.—(1) On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, shall be detained at the premises by the person having control of those premises for at least 30 days and that person shall not release them until authorised in writing by an authorised officer of the Scottish Ministers.

(2) Paragraph (1) does not apply in the case of animals being dispatched directly to a slaughterhouse.

(3) Animals of species to which paragraph (1) does not apply that are for breeding or production shall be detained at the place of destination by the person having control of those premises, and that person shall not release them unless authorised in writing by an authorised officer of the Scottish Ministers.

Post-import controls S

25.—(1) Where a veterinary inspector knows or suspects that import conditions (including requirements for the quarantine of imported animals) have not been complied with or there is doubt as to the identity of an animal, they may carry out any veterinary checks on that animal that they deem appropriate.

(2) If the checks confirm that import conditions were not complied with, then the provisions of regulation 22 shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.