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Version Superseded: 01/10/2021
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There are currently no known outstanding effects for the The Trade in Animals and Related Products (Scotland) Regulations 2012, SCHEDULE5.
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Regulation 7
Textual Amendments
1.—(1) This schedule applies during the transitional staging period to animals and products falling within Article 47(1)(a) and (b) of the Official Controls Regulation which originate from a relevant third country.
(2) In sub-paragraph (1) “the transitional staging period” and “relevant third country” have the same meaning as in paragraph 2 of Annex 6 to the Official Controls Regulation.
(3) Animals and products falling within sub-paragraph (1) are referred to in this schedule as “relevant goods”.
2. The provisions of Part 3 of these Regulations apply to relevant goods with the derogations and modifications specified in Part 2 of this schedule.
3.—(1) Regulation 11 does not apply to relevant goods.
(2) Relevant goods are not required to enter Scotland through a border control post and may enter Scotland through any point of entry.
4.—(1) Regulation 12 does not apply to relevant goods.
(2) From 1st January 2021, relevant goods of the following descriptions must be pre-notified at least one working day before the expected time of arrival at a point of entry into Scotland—
(a)relevant goods which originate from a relevant third country other than a territory subject to special transitional import arrangements;
(b)animal by-products comprising—
(i)Category 1 material;
(ii)Category 2 material;
(iii)processed animal protein derived from Category 3 material.
(3) From [F21st October] 2021 relevant goods consisting of products of animal origin must be pre-notified at least one working day before the expected time of arrival at a point of entry into Scotland.
(4) Where the importer can provide evidence of a logistical constraint preventing the notification under sub-paragraphs (2) or (3), that requirement may be satisfied by notification of the consignment’s expected time of arrival at least 4 hours in advance.
(5) This paragraph applies in addition to other requirements for prior notification of the entry into Scotland of relevant goods from a third country during the transitional staging period (see Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation).
(6) In this paragraph—
(a)“pre-notified” means notification that has been given through the appropriate computerised information management system to the authority responsible for performing official controls on the particular category of relevant goods at the place of destination;
(b)“working day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;
(c)“a territory subject to special transitional import arrangements” has the same meaning as in paragraph 2 of Annex 6 to the Official Controls Regulation;
(d)“Category 1 material”, “Category 2 material” and “Category 3 material” have the meanings given in Articles 8 to 10 of Regulation (EC) No 1069/2009;
(e)“processed animal protein” has the meaning given in point 5 of Annex I to Commission Regulation (EU) No 142/2011.
Textual Amendments
F2Words in sch. 5 para. 4(3) substituted (30.7.2021) by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 6(2)(a)
5.—(1) Regulation 13 does not apply to relevant goods.
(2) From 1st January 2021, relevant goods consisting of—
(a)live animals or germinal products may not be imported into Scotland unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Scottish Ministers or the Secretary of State from time to time;
(b)products of animal origin and animal by-products must be accompanied by relevant commercial documents which at least identify the premises of origin and destination, and contain a description of the product and the quantity of the product.
(3) From [F31st October] 2021, relevant goods consisting of products of animal origin [F4or animal by-products] may not be imported into Scotland unless they are accompanied by the appropriate health certificate for third country imports, in the form published by the Scottish Ministers or the Secretary of State from time to time.
(4) The documents described in sub-paragraphs (2) and (3) must accompany the consignment of the relevant goods concerned to its place of destination.
(5) Official controls must take place at the place of destination indicated in the relevant accompanying importation documentation on a random or risk basis, and in accordance with regulation 25 and 30.
Textual Amendments
F3Words in sch. 5 para. 5(3) substituted (30.7.2021) by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 6(2)(b)(i)
F4Words in sch. 5 para. 5(3) inserted (30.7.2021) by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 6(2)(b)(ii)
6. Regulation 17(a) does not apply to relevant goods which have entered Scotland through a point of entry other than a border control post in accordance with this schedule, or in accordance with Annex 6 to the Official Controls Regulation.
7. Regulation 18 applies as if—
(a)for paragraph (1) there were substituted—
“(1) This regulation applies in relation to any consignment of relevant goods if the consignment does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation.”;
(b)in paragraph (3)(b)—
(i)“from the same border control post” were omitted;
(ii)for “at the border control post” there were substituted “into Scotland”.
8. Regulation 21 applies as if in paragraph (1) for “If the checks” to “that animal” there were substituted “If checks show that an animal does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation”.
9.—(1) This paragraph applies in relation to relevant goods consisting of live animals.
(2) The live animals must not be moved from the place of destination indicated in the accompanying health certificate before the completed and signed health certificate has been uploaded to the appropriate computerised information management system.
(3) The person responsible for the transportation of the live animals to the place of destination must be in possession of the appropriate authorisation in accordance with Council Regulation (EC) No 1/2005.]
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