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

PART 1 S Introduction

Citation, commencement and extent S

1.  These Regulations—

(a) may be cited as the Trade in Animals and Related Products (Scotland) Regulations 2012;

(b) come into force on 1st July 2012; and

(c) extend to Scotland only.

Interpretation S

2.—(1) In these Regulations—

“animal” means an animal of any kind, including a bird, fish or invertebrate;

“authorised officer” means a person who is authorised by an enforcement authority, either generally or specifically, to act in matters arising under these Regulations, whether or not that person is an officer of an enforcement authority;

“border inspection post” means a port or airport approved as such by the European Commission M1 ;

“Commission Decision 92/260/EEC” means Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses M2 ;

“Commission Decision 2007/275/EC” means Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC M3 ;

“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine M4 ;

“Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals M5 ;

“Council Directive 91/496/EEC” means Council Directive 91/496/EEC 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 M6 ;

“Council Directive 92/65/EEC” means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC M7 ;

“Council Directive 97/78/EC” means Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries M8 ;

“enforcement authority” means a person that enforces these Regulations under regulation 27;

“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009 M9 ;

“genetic material” means hatching eggs and animal semen, ova or embryos;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M10 ;

“official veterinarian” means a veterinary surgeon appointed by an enforcement authority under regulation 10(1);

“product” means a product listed in Annex I to Commission Decision 2007/275/EC and, in addition, hay and straw;

“Regulation (EC) No 882/2004” means Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M11 ;

“Regulation (EC) No 450/2008” means Regulation (EC) No 450/2008 of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code) M12 ; and

“Regulation (EC) No 1069/2009” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) M13 .

(2) A reference in these Regulations to an EU instrument listed in Schedule 1 is a reference to that instrument as amended from time to time.

Marginal Citations

M1 The Commission periodically publishes lists of border inspection posts. The list of approved border inspection posts is laid down in Commission Decision 2009/821/EC (OJ L 296, 12.11.2009, p.1) as last amended by Commission Implementing Decision 2011/707/EU (OJ L 281, 28.10.2011, p.29) and is periodically reviewed and amendments made.

M2 OJ L 130, 15.5.1992, p.67 as last amended by Commission Decision 2010/463/EU (OJ L 220, 21.8.2010, p.74).

M3 OJ L 116, 4.5.2007, p.9 as last amended by Commission Regulation (EU) No 28/2012 (OJ L 12, 14.01.2012, p.1).

M4 OJ L 121, 29.7.64, p.1977, as last amended by Commission Decision 2009/976/EU (OJ L 336, 18.12.2009, p.36).

M5 OJ L 46, 19.2.1991, p.19, as last amended by Council Directive 2008/73/EC (OJ L 219, 14.8.2008, p.40).

M6 OJ L 268, 24.9.1991, p.56, as last amended by Council Directive 2008/73/EC.

M7 OJ L 268, 14.9.1992, p.54, as last amended by Commission Decision 2010/684/EU (OJ L 293, 11.11.2010, p.62).

M8 OJ L 24, 30.1.1998, p.9, as last amended by Council Directive 2006/104/EC.

M9 2009 c.11.

M10 1994 c.39, which has been amended for purposes not relevant to these Regulations.

M11 OJ L 165, 30.4.2004, p.1, as last amended by Commission Regulation (EU) No 208/2011 (OJ L 58, 3.3.2011, p.29).

M12 OJ L 145, 4.6.2008, p.1.

M13 OJ L 300, 14.11.2009, p.1, as amended by Directive 2010/63/EU of the European Parliament and of the Council (OJ L 276, 20.10.2010, p.33).

[F1 Exception for pet animals S

3.— (1) These Regulations do not apply in relation to pet animals where—

(a) the movement is a non-commercial movement, and

(b) in the case of cats, dogs and ferrets—

(i) the pet animal is accompanying the owner or authorised person, or

(ii) where more than five pet animals are accompanying the owner or authorised person, the conditions set out in Article 5(2) of the Pets Regulation are fulfilled.

(2) In this regulation—

“authorised person”, “non-commercial movement” and “owner” have the meanings given by Article 3 of the Pets Regulation;

“the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;

“pet animal” means an animal of a species listed in Annex I to the Pets Regulation;

“accompanying” has the same meaning as in the Pets Regulation.]

Textual Amendments

F1 Reg. 3 substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), art. 1(3), Sch. para. 17

International agreements S

4.  For the purposes of these Regulations, the movement of animals, genetic material or products to or from Iceland, Liechtenstein, Norway or Switzerland under any agreement between any of those countries and the European Union is treated as movement between member States.