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

Made: 29th May 2012

Laid before the Scottish Parliament: 31st May 2012

Coming into force: 1st July 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 , section 56(1) and (2) of the Finance Act 1973 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for a reference in these Regulations to an EU instrument listed in Schedule 1 to be construed as a reference to that instrument as amended from time to time.

PART 1 — Introduction

Citation, commencement and extent

1

These Regulations—

• (a) may be cited as the Trade in Animals and Related Products (Scotland) Regulations 2012;

• (b) come into force on 1st July 2012; and

• (c) extend to Scotland only.

Interpretation

2

• (1) In these Regulations—

• “animal” means an animal of any kind, including a bird, fish or invertebrate;

• “authorised officer” means a person who is authorised by an enforcement authority, either generally or specifically, to act in matters arising under these Regulations, whether or not that person is an officer of an enforcement authority;

• “border control post” has the meaning given in regulation 9, except where the context otherwise requires;

• ...

• “CHED” has the meaning given in regulation 8;

• ...

• “Commission Decision 2007/275/EC” means Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC ...;

• ...

• “Commission Regulation (EU) 142/2011” means Commission Regulation (EU) 142/2011 on the requirements for the entry of consignments of animal by-products and derived products originating from, and returning to, the union following refusal of entry by a third country;

• “Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine ...;

• “Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals ...;

• ...

• “Council Directive 92/65/EEC” means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC ...;

• ...

• “Council Regulation (EC) 1/2005” means Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations;

• “Commission Implementing Regulation (EU) 2018/659” means Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae, as last amended by Commission Implementing Regulation (EU) 2018/1301,

• “enforcement authority” means a person that enforces these Regulations under regulation 27;

• “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009 ;

• “genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;

• “health certificate” includes the equivalent of a health certificate in electronic or digital form;

• “importer” means the natural or legal person who presents animals or products for importation from outside the British Islands;

• “intensified official controls” are those controls carried out in accordance with Article 65(4) of the Official Controls Regulation;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

• “official controls” means activities performed in accordance with Article 2(1) of the Official Controls Regulation;

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

• “official veterinarian” means a veterinary surgeon appointed by an enforcement authority under regulation 10(1);

• “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;

• “product” means—any product of animal origin, germinal product, animal by-product, derived product and hay and straw subject to official controls at border control posts; andany composite product listed in Commission Decision 2007/275 concerning lists of composite products to be subject to official controls at border control posts;

• “Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products and the Implementing Regulations and Delegated Regulations made under it;

• ...

• “Regulation (EC) No 1069/2009” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) ..., and

• “Regulation (EU) No 2016/1012” means Regulation (EU) No 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding.

• “the TARP (ALF) Regulations 2022” means the Trade in Animals and Related Products (Amendment and Legislative Functions) (EU Exit) Regulations 2022;

• “third country” means any country or territory other than the British Islands.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In these Regulations, any reference to—

• (a) “the Official Controls Regulation” is a reference to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products, and where the context requires it includes a reference to measures in implementing and delegated regulations made under the Official Controls Regulation;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The terms used in Schedule 6 have the same meaning as in Commission Regulation (EU) No 142/2011.

Exceptions for movement of pet animals

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• (1) These Regulations do not apply in relation to pet animals where—

• (a) the movement is a non-commercial movement, and

• (b) in the case of cats, dogs and ferrets—

• (i) the pet animal is accompanying the owner or authorised person, or

• (ii) where more than five pet animals are accompanying the owner or authorised person, the conditions set out in Article 5(2) of the Pets Regulation are fulfilled.

• (2) In this regulation—

• “authorised person”, “non-commercial movement” and “owner” have the meanings given by Article 3 of the Pets Regulation;

• “the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;

• “pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health;

• “accompanying” has the same meaning as in the Pets Regulation.

International agreements

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PART 2 — Movement between member States

Movement of animals and genetic material between member States

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Preparation of a health certificate

6

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PART 3 — Importation from a third country

Scope of this Part

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This Part—

• (a) applies in relation to the importation into Scotland from a third country of any animal or product subject to official controls at border control posts; ...

• (aa) applies subject to the derogations and modifications set out in schedule 5; and

• (b) does not apply in the cases specified in Schedule 3.

Meaning of “CVED”

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• (1) A Common Health Entry Document (“CHED”) means a document or an electronic or digital equivalent in the format specified in Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation).

• (2) Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant part of the document for the complete identification of the consignment and the place of destination.

• (3) The cases where and conditions under which the use of a CHED is required are specified in—

• (a) Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union; and

• (b) Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination.

• (4) Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the Official Controls Regulation.

Border inspection post

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• (1) A border control post is a place (together with the facilities at that place) designated by the Scottish Ministers in accordance with Article 59 of the Official Controls Regulation for the purpose of the performance of official controls as specified in Article 47(1) of that Regulation.

• (2) If at any time the Scottish Ministers are of the opinion that any part of the inspection facilities at a border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the Official Controls Regulation, serve a notice on the operator—

• (a) specifying the nature of the non-compliance;

• (b) providing a time limit within which the requirements must be complied with; and

• (c) prohibiting the use of that part of the facilities until the requirements are complied with.

• (3) If the notice is not complied with, the Scottish Ministers may suspend the approval in relation to that part of the inspection facilities.

• (4) The Scottish Ministers must suspend the approval of a border control post, and order its activities to cease for all, or specified categories of, animals or products where the Scottish Ministers consider that—

• (a) the operator of a border control post is in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which the border control post has been designated;

• (b) the operator of a border control post is in serious breach of the requirements for approval; or

• (c) the operation of the border control post creates a risk to human or animal health or animal welfare.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of official veterinarians and official fish inspectors

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• (1) The enforcement authority must appoint suitably trained veterinary surgeons for the purpose of carrying out regulatory functions under these Regulations at border control posts.

• (2) If the approval for a border control post permits the importation of fishery products, aquatic invertebrates, live bivalve molluscs, live enchinoderms, live tunicates and live marine gastropods intended for human consumption, the local authority may appoint suitably trained officers to be official fish inspectors for that post in relation to fish and fishery products, and that inspector has all the powers of an official veterinarian in relation to those products.

Place of importation

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• (1) No animal or product may be brought into Scotland other than through a border control post or a point of entry for which a border control post has been designated for that animal or product.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of importation

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• (1) The person responsible for a consignment of animals or products must notify the border control post of the expected date of its arrival at the border control post at least one working day before it is due to arrive.

• (1A) Where the person responsible for a consignment of animals or products can provide evidence of a logistical constraint preventing the notification under paragraph (1), that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The notification must be made by submitting the CHED with Part I completed.

• (4) In the case of a transhipment of products from one border control post to another, the person responsible for the consignment must notify the official veterinarian at the border control post of destination of —

• (a) the estimated time of arrival;

• (b) the border control post at which the transhipment will be checked;

• (c) the identification and location of the consignment;

• (d) the estimated time of departure.

Procedure on importation

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• (1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the relevant export health certificate, as published by the Scottish Ministers or the Secretary of State from time to time, and other documentation specified for that consignment in assimilated direct legislation relating to importation, to be presented at the border control post inspection facilities to enable official controls in accordance with—

• (a) Chapter 5 of the Official Controls Regulation, together with relevant implementing and delegated acts; and

• (b) Article 37(1) of Regulation (EU) No 2016/1012.

• (2) Operators responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

• (3) The competent authority must carry out all necessary official controls specified in paragraph (1) and must only issue a CHED permitting entry if—

• (a) the consignment complies with the requirements of the following, so far as relevant and when read with any other provisions of the legislation referred to below which apply in relation to such requirements—

• (i) the legislation listed in regulation 7(2) of the TARP (ALF) Regulations 2022, as modified by Part 5 of those Regulations or by the legislation referred to in paragraph (ii);

• (ii) any legislation made by the appropriate authority under the functions listed in the Schedule to the TARP (ALF) Regulations 2022, where applicable.

• (b) the importation is not prohibited under paragraph (4); and

• (c) the correct fee for the checks has been or will be paid.