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

[F1 Procedure on importation S

13.— (1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the documentation specified for that consignment in the relevant legislation listed in schedule 1, to be presented at the border control post inspection facilities to enable official controls in accordance with—

(a) Chapter 5 of the EU Regulation, together with relevant implementing and delegated acts; and

(b) Article 37(1) of Regulation (EU) No 2016/1012.

(2) Operators responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

(3) The competent authority must carry out all necessary official controls specified in paragraph (1) and must only issue a CHED permitting entry if—

(a) the consignment complies with the requirements relating to it in the relevant instrument listed in schedule 1;

(b) the importation is not prohibited under paragraph (4); and

(c) the correct fee for the checks has been or will be paid.

(4) In the case of live animals, the official veterinarian must not issue a CHED permitting entry if—

(a) the animals are from a territory or part of a territory of a third country not included in the lists drawn up in accordance with legislation of the European Union for the species concerned or from which imports are prohibited under that legislation;

(b) the animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;

(c) the exporting third country has not complied with the requirements provided for in legislation of the European Union;

(d) the animals are not in a fit state to continue their journey; or

(e) the veterinary certificate or document accompanying the animals does not meet the requirements of legislation of the European Union relating to importation.

(5) If there are no requirements in legislation of the European Union relating to the consignment, the official veterinarian must not issue a CHED unless the importation has been authorised in writing under this paragraph by—

(a) Food Standards Scotland in respect of any product for which only public health requirements apply; or

(b) the Scottish Ministers for any other product.

(6) An authorisation under paragraph 5(a) may only be granted if Food Standards Scotland is satisfied that the consignment does not pose a risk to human health.

(7) An authorisation under paragraph 5(b) may only be granted if the Scottish Ministers are satisfied that the consignment does not pose a risk to human or animal health, or to the animal health status of the United Kingdom.

(8) The official veterinarian must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.]

Textual Amendments

F1 Reg. 13 substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(12)