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

Regulations 5, 13, 18 and 33

SCHEDULE 2 S Additional requirements in specific cases

PART 1 S Additional requirements for trade [F1 with] member States

Textual Amendments

F1 Word in sch. 2 Pt. 1 heading substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(a)

Assembly centres and dealers in cattle, pigs, sheep or goats S

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 goats S

2.—F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (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.

Textual Amendments

F2 Sch. 2 para. 2(1) omitted (14.12.2019) by virtue of The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(b)(i)

F3 Sch. 2 para. 2(2) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(b)(ii)

Poultry Health Scheme S

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 M1 F4 ... which establishes a poultry health scheme relating to trade [F5 with] 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

F4 Words in sch. 2 para. 3 omitted (28.3.2019) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(a), 12(5)

F5 Word in sch. 2 para. 3 substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(c)

Marginal Citations

M1 OJ 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 Directive S

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 M2 .

(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 [F6 with] 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

F6 Word in sch. 2 para. 4(4) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(c)

Marginal Citations

M2 OJ L 268, 14.9.1992, p.54, as last amended by Commission Regulation (EU) No 176/2010.

Circuses S

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 M3 .

(2) No person may contravene Article 8 of that Commission Regulation ([F7 obligations 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

F7 Words in sch. 2 para. 5(2) substituted (1.7.2012) by The Trade in Animals and Related Products (Scotland) Amendment Order 2012 (S.S.I. 2012/198), arts. 1(b), 2(4)

Marginal Citations

M3 OJ L 279, 22.10.2005, p.47.

Animal by-products S

6.  Animal by-products to which Article 48 of Regulation (EC) No 1069/2009 applies may only be consigned to [F8 a member State, or brought into Scotland from a] member State, in accordance with that Article.

Textual Amendments

F8 Words in sch. 2 para. 6 substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(d)

PART 2 S Additional provisions relating to imports from third countries

Arrival at premises of destination S

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 birds S

8.—(1) The Scottish Ministers are the competent authority for [F9 the import of certain birds and quarantine conditions for the purposes of] [F10 Commission 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.

Textual Amendments

F9 Words in sch. 2 para. 8(1) inserted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(e)

F10 Words in sch. 2 para. 8(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 35(8)(b)

Horses S

9.  When a horse is imported from a third country under [F11 Commission 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.

Textual Amendments

F11 Words in sch. 2 para. 9 substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 35(8)(c)

[F12 Ship supply S

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.]

Textual Amendments

F12 Sch. 2 para. 10 substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(f)

Charges for veterinary checks from New Zealand S

F13 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 2 para. 11 omitted (14.12.2019) by virtue of The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(31)(g)