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

[F1 Derogation from regulation 12: notification of importation S

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 [F2 1st January 2022] relevant goods consisting of products of animal origin [F3 or animal by-products not covered by sub-paragraph (2)(b)] must be pre-notified at least one working day before the expected time of arrival at a point of entry into Scotland.

[F4 (3A) Sub-paragraph (3) does not apply to relevant goods which are imported into Scotland from the Republic of Ireland when the condition in sub-paragraph (3B) is met.

(3B) The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland [F5 or the Republic of Ireland] if they are processed there.]

(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 [F6 place where the controls are to be carried out];

(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

F1 Sch. 5 inserted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(30)

F2 Words in sch. 5 para. 4(3) substituted (1.10.2021) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/342), regs. 1, 3(2)(a)

F3 Words in sch. 5 para. 4(3) inserted (1.1.2022) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) (No. 3) Regulations 2021 (S.S.I. 2021/493), regs. 1, 3(2)

F4 Sch. 5 para. 4(3A)(3B) inserted (12.5.2022) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/90), regs. 1, 2

F5 Words in sch. 5 para. 4(3B) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 10

F6 Words in sch. 5 para. 4(6)(a) substituted (1.10.2021) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/297), regs. 1, 3(2)(a)