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

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[F1PART 2SDerogations from, and modifications to, Part 3 of these Regulations

Textual Amendments

Derogation from regulation 11: place of importationS

[F23.—(1) From 30th April 2024, and subject to sub-paragraph (2), no product may be brought into Scotland from a relevant third country otherwise than through a point of entry for which a border control post is designated in relation to that category of product.

(2) Live animals may continue to enter Scotland through any point of entry.]

Textual Amendments

Derogation from regulation 12: notification of importationS

4.—[F3(1) From 30th April 2024, subject to the derogation specified in sub-paragraphs (3C) and (3D), regulation 12 applies to relevant goods, as if—

(a)in sub-paragraph (1), for the words from “notify” to “border control post”, in the second place where it occurs, there were substituted “notify the competent authority in relation to Scotland of the expected date of arrival of the consignment in Scotland”;

(b)in sub-paragraph (3), after “made” there were inserted “through the appropriate computerised information management system”,]

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) From [F51st January 2022] relevant goods consisting of products of animal origin [F6or 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.

F7(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(3C) In relation to [F10relevant goods] entering Scotland from the Republic of Ireland on or after 31st January 2024, the requirement that the goods be pre-notified before entry does not apply where the condition in sub-paragraph (3D) is met.

(3D) The condition is that the goods are qualifying Northern Ireland goods that, in the course of passing from Northern Ireland into Scotland, have passed through the Republic of Ireland and have not passed through any other country or territory.]

F11(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this paragraph—

F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(f)“qualifying Northern Ireland goods” has the meaning given by regulation 3 of the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020.]

Textual Amendments

Derogation from regulation 13: procedure on importationS

5.—(1) Regulation 13 does not apply to relevant goods.

[F15(1A) From 30th April 2024—

(a)any identity and physical checks carried out on products must take place at a border control post; and

(b)the operator responsible for a consignment of products must ensure that the consignment is presented for official controls at a reasonable time during the working day.

(1B) Subject to the requirements of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, official controls in relation to live animals may take place at the destination indicated in the importation document accompanying the animals;

(1C) The checks referred to in paragraph (1A) and (1B) must be carried out on a risk or random basis and at the appropriate frequency rate.

(1D) The competent authority, having carried out a documentary check and any necessary identity and physical checks on the consignment—

(a)may issue a CHED permitting entry; or

(b)where there are no legislative requirements relating to the consignment, may issue a CHED where importation is authorised in accordance with the procedure specified in regulation 13(5) to (7).]

(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;

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(2A) From 31st January 2024—

(a)relevant goods consisting of products of animal origin may not be imported into Great Britain at any place in Scotland unless they are accompanied by—

(i)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; or

(ii)where they meet the conditions in sub-paragraph (3A) or are listed in sub-paragraph (3B), 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; and

(b)relevant goods consisting of animal by-products or derived products may not be imported into Great Britain at any place in Scotland unless they are accompanied by—

(i)in the case of goods listed in column 1 of the table in Schedule 6 which are stated in the health certificate to be intended for the use (or use of a kind) mentioned in relation to those goods in column 2 of that table, 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; or

(ii)in any other case, 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.]

F18(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(3A) The conditions referred to in sub-paragraph (2A)(a)(ii) are that they—

(a)are shelf-stable at ambient temperature;

(b)are securely packaged or sealed in clean containers; and

(c)are not one of the following categories of goods—

(i)infant formula;

(ii)follow-on formula;

(iii)baby food;

(iv)food for special medical purposes;

(v)beeswax;

(vi)pollen;

(vii)propolis;

(viii)royal jelly; or

(ix)products derived from live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods.

(3B) The products referred to in sub-paragraph (2A)(a)(ii) are—

(a)composite products listed in a document published by the Secretary of State under Article 3(1)(a) of Commission Decision 2007/275 or referred to in Article 4 of that Decision, except for products listed in sub-paragraph (3A)(c)(i) to (iv) and (ix);

(b)dairy products or colostrum-based products that have been subject to a heat treatment referred to in point 2(1) of Chapter 2, Section 9 of Annex 3 to Regulation 853/2004, except for fresh milk and the products listed in sub-paragraph (3A)(c)(i) to (iv);

(c)fresh fishery products or prepared fishery products that are—

(i)from wild freshwater or seawater animals of species other than of the Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae,or Scombresosidae families, and

(ii)either not live or non-viable;

(d)gelatine;

(e)collagen;

(f)highly refined products of animal origin;

(g)honey;

(h)rendered animal fat;

(i)greaves.]

(4) The documents described in [F19sub-paragraph (2) or (2A), as the case may be] must accompany the consignment of the relevant goods concerned to its place of destination.

F20(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(6) in this paragraph)—

[F22(za)“appropriate frequency rate” has the meaning given by paragraph 2 of Annex 6 to the Official Controls Regulation;]

(a)“colostrum-based product” has the meaning given in point 2 of Section 9 of Annex 3 to Regulation 853/2004;

(b)“collagen”, “dairy product”, “fishery product”, “fresh fishery products”, “gelatine”, “greaves”, “prepared fishery products” and “rendered animal fat” have the meanings given in Annex 1 to Regulation (EC) 853/2004;

(c)“highly refined products of animal origin” means the products listed in point 1 of Section 16 of Annex 3 to Regulation 853/2004;

(d)“infant formula”, “follow-on formula”, “baby food” and “food for special medical purposes” have the meanings given in Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control;

(e)“non-viable” means they would no longer be able to survive as living animals if returned to the environment from which they were obtained;

(f)Regulation 853/2004 means Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;

(g)“shelf-stable at ambient temperature” means they do not need to be transported or stored under controlled temperatures.]

Textual Amendments

Derogation from regulation 17(a): unchecked consignmentsS

[F236.  Regulation 17 applies as if for that regulation there were substituted—

“17.—(1) Subject to sub-paragraph (4), an enforcement authority may seize any consignment of relevant goods brought into Scotland from a relevant third country otherwise than through a point of entry with a border control post designated for the category of goods included in the consignment.

(2) An enforcement authority may seize any consignment which is removed from a point of entry in Scotland without a CHED or without authorisation by the competent authority.

(3) An enforcement authority may seize any consignment which is transported from a point of entry to a destination other than that specified in the CHED.

(4) Paragraph (1) does not apply in relation to consignments of live animals.”.]

Textual Amendments

Modification of regulation 18: action following non-compliance: productsS

[F247.—(1) Regulation 18 applies as if—

(a)for paragraph (1) there were substituted—

“(1) This regulation applies, subject to paragraph (1A), in relation to any consignment of a product if any checks carried out show that the consignment does not comply with—

(a)the requirements of these Regulations, as they have effect subject to the transitional modifications specified in Schedule 5; or

(b)the rules referred to in Article 1(2) of the Official Controls Regulation.

(1A) This paragraph applies where—

(a)there is non-compliance with the rules referred to in paragraph (1); and

(b)the official veterinarian or the official fish inspector (as appropriate) considers that the non-compliance is minor and technical and does not pose a risk to human, animal or plant health, or to the environment.

(1B) Where paragraph (1A) applies, paragraph (2) applies as if for “must” there were substituted “may”.”;]

Textual Amendments

Modification of regulation 21: action following non-compliance: animalsS

[F258.  Regulation 21 applies as if, in paragraph (1)—

(a)for “checks at a border control post” there were substituted “checks”; and

(b)after “Official Controls Regulation” there were inserted “or in the case of relevant goods, does not comply with the provisions of Schedule 5,”]]

Textual Amendments

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