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

PART 1 S Additional requirements for trade between member States

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.—(1) Any person transporting cattle, pigs, sheep or goats to another member State must comply with this paragraph.

(2) The transporter must be approved for the purpose by the Scottish Ministers.

(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.

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 F1 ... which establishes a poultry health scheme relating to trade between 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

F1 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)

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 between 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.

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 ([F2 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

F2 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 another member State, or brought into Scotland from another member State, in accordance with that Article.