The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019

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

29.—(1) The Trade in Animals and Related Products (Scotland) Regulations 2012(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “border inspection post”, for “European Commission” substitute “Scottish Ministers”,

(b) after the definition of “Regulation (EC) No 1069/2009”, insert—

“third country” means any country other than the British Islands or a member State”.

(3) In regulation 4 (international agreements), for “movement between member States” substitute “trade with member States in accordance with such agreements”.

(4) In Part 2 (movement between member States), for the heading substitute “Imports from member States”.

(5) In regulation 5 (movement of animals and genetic material between member States)—

(a) for the heading substitute “Import of animals and genetic material from member States”,

(b) in paragraph (1), in the text before sub-paragraph (a)—

(i) for “paragraphs (4) and (5)” substitute “paragraph (4)”,

(ii) omit “consigned to another member State or”,

(iii) for “another” in the second place it occurs substitute “a”,

(c) in paragraph (1)(b) omit “by the relevant instrument in Schedule 1”,

(d) omit paragraph (3)(a),

(e) in paragraph (3)(b) after “the Scottish Ministers” insert “via the system for the notification of imports that in the United Kingdom replaces the EU Traces system,”,

(f) omit paragraph (5).

(6) Omit regulation 6 (preparation of a health certificate).

(7) In regulation 9 (border inspection post)—

(a) in paragraph (1) omit the words from “set out” to “third countries”,

(b) omit paragraph (4).

(8) In regulation 11(2) (place of importation), for “the European Commission” substitute “the Scottish Ministers”.

(9) In regulation 12 (notification of importation)—

(a) in paragraph (1), after “post” insert “via the system for the notification of imports that in the United Kingdom replaces the EU Traces system”,

(b) in paragraph (2), after “post” insert “via the system for the notification of imports that in the United Kingdom replaces the EU Traces system”,

(c) in paragraph (4), for “another” substitute “a”.

(10) In regulation 13 (procedure on importation)—

(a) after paragraph (2) insert—

“(2A) For the purposes of paragraph (1)(a), Article 4 of Council Directive 97/78/EC(2) is to be read as if—

(a) in paragraph 1—

(i) the reference to a “border inspection post referred to in Article 3(2)” was a reference to a border inspection post within the meaning of these Regulations,

(ii) for “the competent authority” there were substituted “the Scottish Ministers”,

(b) in paragraph 2—

(i) in the first subparagraph, for the words from “the database” to the end there were substituted “the system for the notification of imports that in the United Kingdom replaces the EU Traces system,”,

(ii) the second subparagraph were omitted,

(c) in paragraph 4—

(i) in point (a)(i)—

(aa) for “the competent authority” there were substituted “the Scottish Ministers”,

(bb) for “Community legislation” there were substituted “retained EU law”,

(ii) in point (b)(i) for “Community legislation” there were substituted “retained EU law”.

(2B) For the purposes of paragraph (1)(b), Article 4 of Council Directive 91/496/EEC(3) is to be read as if—

(a) in paragraph 1—

(i) for “Member States” there were substituted “The Scottish Ministers”,

(ii) “third country” has the meaning given in these Regulations,

(iii) the reference to “border inspection posts situated in one of the territories referred to in Annex I to Directive 90/675/EEC and approved for that purpose” was a reference to a border inspection post within the meaning of these Regulations,

(iv) in the second indent, the words from “particularly in” to the end of the indent were omitted,

(v) in the third indent—

(aa) for “Community rules” there were substituted “retained EU law”,

(bb) the words from “or, in” to the end of the indent were omitted,

(vi) in the last indent, the words from “through” to the end of the indent were omitted,

(b) in paragraph 2—

(i) in the text before point (a), the reference to “border inspection post” was a reference to a border inspection post within the meaning of these Regulations,

(ii) the words from “In accordance” to “animals;” after point (a) were omitted,

(iii) in point (b), for “Community rules” there were substituted “retained EU law”,

(iv) in the text after point (d)—

(aa) the words from “For the purposes of” to “his direction.” were omitted,

(bb) for the words from “data bases” to “Decision 92/438/EEC” there were substituted “the system for the notification of imports that in the United Kingdom replaces the EU Traces system,”

(c) paragraph 3 were omitted,

(d) in paragraph 4, for “the Member State” there were substituted “the Scottish Ministers”,

(e) paragraph 5 were omitted.”,

(b) in paragraph (4)(a), for the words from “the lists” to the end substitute “a list of approved third countries, or where imports from that territory are otherwise prohibited”,

(c) in paragraph (4)(c), (e) and (f) and paragraph (5), for the words “EU legislation” in each place they occur substitute “retained EU law”.

(11) In regulation 15 (channelling), in the text before paragraph (a)—

(a) omit “box 30, 31, 33 or 34 of”,

(b) for “the European Union” substitute “Scotland”.

(12) In regulation 16 (destination outside the United Kingdom)—

(a) in paragraph (2), for “European Union” substitute “United Kingdom”,

(b) omit paragraph (4).

(13) In regulation 18(1)(b) (action following non-compliance – products), for “outside the European Union” substitute “to a third country”.

(14) For regulation 20(1) (serious or repeated infringements and breach of maximum residue limits) substitute—

“(1) If veterinary checks reveal that products from a third country, part of a third country or establishment in a third country are implicated in serious or repeated infringements of any import requirement, or where those checks reveal that maximum residue levels have been exceeded, this regulation may apply to subsequent similar consignments brought into Scotland from that third country, part of a third country or particular establishment until the Scottish Ministers are satisfied that further infringements are no longer recurring.”.

(15) In regulation 21(1)(c) and (3)(b) (action following non-compliance – animals) for “outside the European Union” substitute “to a third country”.

(16) In regulation 23 (re-importation of products)—

(a) in paragraph (1), in the text before sub-paragraph (a), for “European Union” substitute “United Kingdom”,

(b) in paragraph (3)(a) omit “in the member State”.

(17) In regulation 28(3) (powers of entry) omit “, including any representative of the European Commission”.

(18) In regulation 30 (consignments from another member State constituting a risk to health)—

(a) in the heading, and in paragraph (1), in the text before sub-paragraph (a), for “another” substitute “a”,

(b) after paragraph (2) insert—

“(2A) For the purposes of paragraph (2), Article 3 of Council Directive 90/425/EEC(4) is to be read as if—

(a) in paragraph 1—

(i) in points (a) and (d), for “the Member State of destination” there were substituted “Scotland”,

(ii) points (e)(iii) and (iv) were omitted,

(b) in paragraph 2, in the first and second indents, for “the territory of another Member State” there were substituted “Scotland”,

(c) paragraph 4 were omitted.”.

(19) In regulation 33 (offences)—

(a) omit paragraph (d),

(b) in the table, in column 1 omit “regulation 6(5)” and the corresponding entry in column 2.

(20) Schedule 2 (additional requirements in specific cases) is amended in accordance with paragraph (21).

(21) In Part 1 (additional requirements for trade between member States)—

(a) in the heading, for “trade between” substitute “imports from”,

(b) in paragraph 1 (assembly centres and dealers in cattle, pigs, sheep or goats)—

(i) in sub-paragraph (1) omit the words from “in accordance” to the end,

(ii) omit sub-paragraph (3),

(iii) insert at the end—

“(4) In this paragraph “assembly centre or dealer’s premises” means premises at which bovine, ovine or caprine animals or swine originating from different holdings are grouped together to form consignments of animals intended for trade.”,

(c) in paragraph 2 (transport of cattle, pigs, sheep or goats)—

(i) in sub-paragraph (1), for “to another” substitute “from a”,

(ii) in sub-paragraph (3)(a) for “holding or assembly centre” substitute “premises”,

(iii) for sub-paragraph (6) substitute—

“(6) The transporter must entrust the transport of animals to staff who possess the necessary ability, professional competence and knowledge.”,

(d) in paragraph 3 (poultry health scheme)—

(i) in the text before sub-paragraph (a) omit “relating to trade between member States”,

(ii) paragraph 3 becomes paragraph 3(1),

(iii) at the end, insert—

“(2) For the purposes of sub-paragraph (1)—

(a) Article 2 of Council Directive 2009/158(5) is to be read as if—

(i) the references to “official veterinarian” include a veterinary surgeon appointed by the Scottish Ministers,

(ii) in the definition of “approved laboratory”—

(aa) the reference to “a Member State” includes Scotland,

(bb) the reference to the “competent veterinary authority” includes the Scottish Ministers,

(b) Article 6 of Council Directive 2009/158 is to be read as if—

(i) in point (a)(i), the reference to “competent authority” includes the Scottish Ministers,

(ii) in point (a)(iii), the reference to “Community legislation” includes retained EU law,

(c) Annex II to Council Directive 2009/158 is to be read as if—

(i) in Chapter I, in paragraph 1—

(aa) the reference to “competent authority” includes the Scottish Ministers,

(bb) the words “for the purposes of intra-Community trade” were omitted,

(ii) in Chapter I, in paragraph 2, the reference to “competent authority” includes the Scottish Ministers,

(iii) in Chapter II, point B, paragraph 2—

(aa) in point (b), in the first indent, the word “Community” were omitted,

(bb) in point (e), in the first indent, the words “within the Union or export to a third country” were omitted,

(cc) in point (g), the reference to the “competent veterinary authority” includes the Scottish Ministers.”.

(e) in paragraph 4 (approvals for the Balai Directive)—

(i) for sub-paragraph (1) substitute—

“(1) No person may import an ape (simia and prosimian) unless it is destined for a centre approved by the Scottish Ministers and comes from a centre approved by the competent authority of a member State in accordance with Article 5 Council Directive 92/65/EEC(6). But the Scottish Ministers may authorise in writing an approved body to acquire an ape from an individual.”,

(ii) in sub-paragraph (3), for “point” substitute “paragraph”,

(iii) in sub-paragraph (4), for the words from “between member” to the end substitute “in ova and embryos of the ovine, caprine and equine species and semen of the ovine, caprine and equine species and of swine”,

(iv) omit sub-paragraph (5),

(v) insert at the end—

“(6) For the purposes of this paragraph, in relation to exercise of functions by the Scottish Ministers references to Council Directive 92/65/EEC are to be read as if—

(a) in Article 5—

(i) in paragraph 1—

(aa) for the words “Member States” in the first place they occur there were substituted “The Scottish Ministers”,

(bb) after the words “approved by” there were inserted “as the case may be them or”,

(ii) in paragraph 2, for the words “competent authority of a Member State” there were substituted “Scottish Ministers”.

(b) in Article 13—

(i) in paragraph 1 for “the Member State of destination” there were substituted “Scotland”,

(ii) in paragraph 2—

(aa) in point (a), for the words “competent authority of the Member State” there were substituted “Scottish Ministers”,

(bb) in point (b), for the words “competent authority” there were substituted “Scottish Ministers”,

(cc) in point (c), for the words “competent authority” there were substituted “Scottish Ministers”,

(dd) points (d) and (e) were omitted.

(c) in paragraph 6 of Annex C—

(i) in point (a), for the words “competent authority” there were substituted “Scottish Ministers”,

(ii) in point (b)—

(aa) for the words “competent authority” in each place they occur there were substituted “Scottish Ministers”,

(bb) for the words “Community legislation” there were substituted “retained EU law”,

(iii) point (d) were omitted.”,

(f) for paragraph 5(3) (circuses) substitute—

“(3) No person may contravene Article 10(1) of that Commission Regulation (notification of movement).”

(g) for paragraph 6 (animal by-products) substitute—

“6.   No person may import into Scotland an animal by-product to which Article 48 of Regulation (EC) No 1069/2009 applies unless it is imported in accordance with that  Article.”.

(22) In schedule 3 (cases to which Part 3 does not apply), paragraph 4 (case 4: consignments cleared in another member State)—

(a) in the heading, for “member State” substitute “part of the United Kingdom”,

(b) after “products”, insert “from a third country”,

(c) omit “another member State or”.

(1)

S.S.I. 2012/177, relevant amending instruments are S.S.I. 2012/198, S.S.I. 2018/391 and S.S.I. 2019/5. The amendments made by S.S.I. 2018/391 come into force on 28 February 2019 and the amendments made by S.S.I. 2019/5 come into force on 7 March 2019.

(2)

OJ L 024, 30.1.1998, p.9, as last amended by Council Directive 2013/20/EU (OJ L 158, 10.6.2013, p.234).

(3)

OJ L 268, 24.9.1991, p.56, as last amended by Council Directive 2009/156/EC (OJ L 192, 23.7.2010, p.1).

(4)

OJ L 224 18.8.1990, p.29, as last amended by EU Regulation 2016/1012 of the European Parliament and of the Council (OJ L 171, 29.6.2016, p.66).

(5)

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).

(6)

OJ L 268, 14.9.1992, p.54, as last amended by Commission Implementing Decision (EU) 2017/2174 (OJ L 306, 22.11.2017, p.28.).