The Official Controls (Miscellaneous Amendments) Regulations 2024

Consequential amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012

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

(2) In regulation 2(1), after the definition of “official controls” insert—

““official fish inspector” means a suitably trained person appointed in accordance with regulation 10(2);”.

(3) In Schedule 3(2), at the end insert—

“Case 8: low risk goods exempted under Article 48(h) of the Official Controls Regulation

8.   Low risk goods exempted from official controls in accordance with conditions specified by regulation 10 of the Official Controls (Miscellaneous Amendments) Regulations 2024.”.

(4) In Schedule 5(3)—

(a) for paragraph 3 substitute—

“3.— (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.”.

(b) in paragraph 4—

(i) for sub-paragraph (1) substitute—

“(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”,”;

(ii) omit sub-paragraph (2);

(iii) in sub-paragraph (3C), for the words from “the relevant” to “sub-paragraph (3)” substitute “relevant goods”; and

(iv) omit sub-paragraphs (4), (5) and (6)(a) to (e).

(c) in paragraph 5—

(i) after sub-paragraph (1), insert—

“(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).”;

(ii) in sub-paragraph (4), for “sub-paragraph (2)” substitute “sub-paragraph (2) or (2A), as the case may be”;

(iii) omit sub-paragraph (5);

(iv) in sub-paragraph (6), after the opening words, insert—

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

(d) for paragraph 6 substitute—

“6.   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.”.”;

(e) for paragraph 7 substitute—

“7.— (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”.”;”.

(f) for paragraph 8 substitute—

“8.   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,””.

(1)

S.S.I. 2012/177, amended by S.S.I. 2012/198, 2014/3158, 2015/401, 2018/391, 2019/5, 71 and 412, 2020/455, 458, 2021/138, 297, 342, 432, 453 and 493, and 2022/90, 138 and 1322.

(2)

Schedule 3 was amended by S.S.I. 2019/412, 2020/458 and S.I. 2021/453.

(3)

Schedule 5 was inserted by S.S.I. 2020/458 and amended by S.S.I. 2021/297, 342, 432 and 493 and 2024/20.