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PART 1SIntroduction

Citation, commencement and extentS

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.

InterpretationS

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;

[F1“border control post” has the meaning given in regulation 9, except where the context otherwise requires;]

F2...

[F1“CHED” has the meaning given in regulation 8;]

F3...

“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 M1 F4...;

F5...

[F6“Commission Regulation (EU) 142/2011” means Commission Regulation (EU) 142/2011 on the requirements for the entry of consignments of animal by-products and derived products originating from, and returning to, the union following refusal of entry by a third country;]

“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine M2 F7...;

“Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals M3 F8...;

F9...

“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 M4 F10...;

F11...

[F12“Council Regulation (EC) 1/2005” means Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations;]

[F13“Commission Implementing Regulation (EU) 2018/659” means Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae, as last amended by Commission Implementing Regulation (EU) 2018/1301,]

“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 M5;

[F14“genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;]

[F15“health certificate” includes the equivalent of a health certificate in electronic form;

“importer” means the natural or legal person who presents animals or products for importation from outside the [F16British Islands];

“intensified official controls” are those controls carried out in accordance with Article 65(4) [F17of the Official Controls Regulation];]

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M6;

[F18“official controls” means activities performed in accordance with Article 2(1) of the [F19Official Controls Regulation];]

[F20“official fish inspector” means a suitably trained person appointed in accordance with regulation 10(2);]

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

[F21“premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;]

[F22“product” means—

(a)

any product of animal origin, germinal product, animal by-product, derived product and hay and straw subject to official controls at border control posts; and

(b)

any composite product listed in Commission Decision 2007/275 concerning lists of composite products to be subject to official controls at border control posts;]

[F23“Regulation (EU) 2017/625” means Regulation (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;]

F24...

“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) M7F25...[F26, and

“Regulation (EU) No 2016/1012” means Regulation (EU) No 2016/1012 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 and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding.]

[F27“the TARP (ALF) Regulations 2022” means the Trade in Animals and Related Products (Amendment and Legislative Functions) (EU Exit) Regulations 2022;]

[F1“third country” means any country or territory other than the British Islands.]

F28(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(3) In these Regulations, any reference to—

(a)“the [F30Official Controls Regulation]” is a reference to Regulation (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 where the context requires it includes a reference to measures in implementing and delegated regulations made under the [F30Official Controls Regulation];

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F33(4) The terms used in Schedule 6 have the same meaning as in Commission Regulation (EU) No 142/2011.]

Textual Amendments

Marginal Citations

M1OJ 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).

M2OJ L 121, 29.7.64, p.1977, as last amended by Commission Decision 2009/976/EU (OJ L 336, 18.12.2009, p.36).

M3OJ L 46, 19.2.1991, p.19, as last amended by Council Directive 2008/73/EC (OJ L 219, 14.8.2008, p.40).

M4OJ L 268, 14.9.1992, p.54, as last amended by Commission Decision 2010/684/EU (OJ L 293, 11.11.2010, p.62).

M61994 c.39, which has been amended for purposes not relevant to these Regulations.

M7OJ 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).

[F34Exception for pet animalsS

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;

[F35“pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health;]

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

Textual Amendments

International agreementsS

F364.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments