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

Regulations 2, 5, 13,18 and 21

F1SCHEDULE 1SEuropean Union legislation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations 5, 13, 18 and 33

SCHEDULE 2SAdditional requirements in specific cases

F2PART 1SAdditional requirements for trade with member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2SAdditional provisions relating to imports from third countries

Arrival at premises of destinationS

7.—(1) This paragraph applies to elephants and to cattle, pigs, sheep, goats and all other animals of the taxa Artiodactyla, and their crossbreeds.

(2) Animals intended for immediate slaughter must be conveyed without delay from the [F3border control post] to the slaughterhouse of destination and slaughtered within five working days.

(3) In any other case the animals must be taken without delay from the [F3border control post] to the holding of destination and kept there for at least 30 days (unless consigned from the holding direct to a slaughterhouse).

Imported birdsS

8.—(1) The Scottish Ministers are the competent authority for [F4the import of certain birds and quarantine conditions for the purposes of] [F5Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof.]

(2) An importer must comply with Article 7 (transport of birds) of that Regulation.

(3) No person may release a bird from quarantine except in accordance with Article 16 (release of birds) of that Regulation.

HorsesS

9.  When a horse is imported from a third country under [F6Commission Implementing Regulation (EU) 2018/659], the official veterinarian must return the health certificate to the person accompanying the horse, and make a record of the certificate.

[F7Ship supplyS

10.—(1) A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination.

(2) Within 15 days upon completion of delivery of products by ship, the operator responsible for the delivery, or the representative of the master of the vessel must return the counter-signed official certificate (or send via electronic means and systems) to the competent authorities of the border control post of —

(a)entry; or

(b)the approved Customs warehouse.]

[F8Special import conditions: products of animal originS

10A.—(1) The Scottish Ministers may by regulations impose special import conditions in respect of imports from third countries of products of animal origin intended for human consumption, having regard to the animal health situation of the third country or countries concerned.

(2) Regulations under sub-paragraph (1) may—

(a)make different provision for different purposes;

(b)include such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate;

(c)amend, modify or revoke any [F9assimilated direct minor] legislation made under Article 8(4) of Council Directive 2002/99/EC.

(3) Regulations under sub-paragraph (1) are subject to negative procedure.

(4) In this paragraph “products of animal origin” means products obtained from animals and products obtained therefrom, for human consumption, including live animals where they are prepared for such use.]

Charges for veterinary checks from New ZealandS

F1011.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations 7 and 33

SCHEDULE 3SCases to which Part 3 does not apply

[F11Case 1: Personal imports and small consignmentsS

1.—(1) Products referred to in Articles 7 and 10 of [F12Commission Delegated Regulation (EU) 2019/2122.]]

Case 2: International means of transportS

2.  Any product that is on board a means of transport operating internationally that is intended for consumption by the crew and passengers and that is—

(a)not unloaded;

(b)transferred directly from one means of transport operating internationally to another at the same port and under customs supervision; or

(c)destroyed as soon as it is unloaded.

[F13Case 3: Research and diagnostic samplesS

3.—(1) F14... Research and diagnostic samples as defined in point (38) of Annex 1 to [F15Commission Regulation (EU) No 142/2011] are exempt from veterinary checks at the border control post provided that they have been authorised in advance by the Scottish Ministers and the consignment is sent directly from the point of entry to the authorised user.

F16(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F17Case 4: Consignments cleared in Great Britain S

4.  Consignments of animals and products that have been presented to a border control post in Great Britain and cleared for free circulation.]

Case 5: Composite productsS

5.—(1) Composite products and foodstuffs listed in F18...Commission Decision 2007/275/EC.

(2) Composite products not containing meat or meat products, where less than half of the product is processed product of animal origin, provided that such products are—

(a)shelf-stable at ambient temperature or have clearly undergone, in their manufacture, a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(b)clearly identified as intended for human consumption;

(c)securely packaged or sealed in clean containers; and

(d)accompanied by a commercial document and labelled in [F19English (whether or not it also appears in any other language)], so that that document and labelling together give information on the nature, quality and number of packages of the composite products, the country of origin, the manufacturer and the ingredient.

Case 6: Animals subject to rabies controlS

6.  Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M1 and imported in accordance with a licence under that Order.

[F20Case 7: [F21Relevant] animals intended for scientific purposesS

7.—(1) [F22Relevant] animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts (other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014provided that—

(a)they comply with all requisite animal health requirements;

(b)they have been authorised by the Scottish Ministers; and

(c)when the activities relating to the scientific purposes have been carried out, they and any products derived from them (with the exception of any portions used for the scientific purposes) are disposed of or re-dispatched to the third country of origin.

[F23(1A) In this paragraph, “relevant animals” means—

(a)animals listed in Schedule 2 to the Animals (Scientific Procedures) Act 1986; and

(b)invertebrate animals.]

[F24(2) Paragraph (1) does not apply to zebra fish, aquatic molluscs belonging to the phylum Mollusca or aquatic crustaceans belonging to the subphylum Crustacea.]

[F25(3) The reference to educational activities in sub-paragraph (1) does not apply in relation to—

(a)vertebrate animals; or

(b)honey bees (Apis mellifera) or bumble bees (Bombus spp).]]

Regulation 37

SCHEDULE 4SConsequential amendments

Bluetongue (Scotland) Order 2008S

1.  In the Bluetongue (Scotland) Order 2008 M2—

F26(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(b)..............................

Importation of Animal Products and Poultry Products Order 1980S

2.  After article 1 of the Importation of Animal Products and Poultry Products Order 1980 M3 insert—

“Scope

1A.  This Order does not apply in relation to any importation in relation to which the Trade in Animals and Related Products (Scotland) Regulations 2012 M4 apply.”.

Official Feed and Food Controls (Scotland) Regulations 2009S

3.  In Schedule 3 (definition of relevant food law) to the Official Feed and Food Controls (Scotland) Regulations 2009 M5, for sub-head (vii) of paragraph (a) substitute—

“(vii)the regulation of the import of and trade in products of animal origin under the Trade in Animals and Related Products (Scotland) Regulations 2012, with the exception of the execution and enforcement under regulation 27 of those Regulations by the Agency;”.

Fishery Products (Official Controls Charges) (Scotland) Regulations 2007S

4.  In regulation 2 (interpretation) of the Fishery Products (Official Controls Charges) (Scotland) Regulations 2007 M6, for the definition of “third country import” substitute—

The Swine Vesicular Disease (Scotland) Order 2009S

5.  For article 3(1)(b) (application) of the Swine Vesicular Disease (Scotland) Order 2009 M7 substitute—

“(b)any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Scotland) Regulations 2012.”.

The Aquatic Animal Health (Scotland) Regulations 2009S

6.  In regulation 19(5) (disease prevention requirements in respect of transport) of the Aquatic Animal Health (Scotland) Regulations 2009 M8, for paragraph (a) substitute—

“(a)“border inspection post” means a border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Scotland) Regulations 2012;”.

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974S

7.  In article 4(11)(a)(ii) (prohibition on landing of animals in Great Britain) of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M9 for “Animals and Animal Products (Import and Export) (Scotland) Regulations 2007” substitute “ Trade in Animals and Related Products (Scotland) Regulations 2012 ”.

Regulation 7

[F28SCHEDULE 5SApplication of, derogations from, and modifications to, Part 3 in relation to certain territories subject to transitional import arrangements

PART 1SIntroductory

ApplicationS

1.—(1) This schedule applies during the transitional staging period to animals and products falling within Article 47(1)(a) and (b) of the Official Controls Regulation which originate from a relevant third country.

(2) In sub-paragraph (1) “the transitional staging period” and “relevant third country” have the same meaning as in paragraph 2 of Annex 6 to the Official Controls Regulation.

(3) Animals and products falling within sub-paragraph (1) are referred to in this schedule as “relevant goods”.

Application of, derogations from, and modifications to, Part 3 of these RegulationsS

2.  The provisions of Part 3 of these Regulations apply to relevant goods with the derogations and modifications specified in Part 2 of this schedule.

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

Derogation from regulation 11: place of importationS

3.—(1) Regulation 11 does not apply to relevant goods.

(2) Relevant goods are not required to enter Scotland through a border control post and may enter Scotland through any point of entry.

Derogation from regulation 12: notification of importationS

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 [F291st January 2022] relevant goods consisting of products of animal origin [F30or 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.

F31(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33(3C) In relation to the relevant goods referred to in sub-paragraph (3) 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.]

(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 [F34place 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.

[F35(f)“qualifying Northern Ireland goods” has the meaning given by regulation 3 of the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020.]

Derogation from regulation 13: procedure on importationS

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

(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;

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(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.]

F38(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(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 [F39sub-paragraph (2)] must accompany the consignment of the relevant goods concerned to its place of destination.

(5) Official controls must take place at the [F40place where the controls are to be carried out] on a random or risk basis, and in accordance with regulation 25 and 30.

[F41(6) in this paragraph)—

(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.]

Derogation from regulation 17(a): unchecked consignmentsS

6.  Regulation 17(a) does not apply to relevant goods which have entered Scotland through a point of entry other than a border control post in accordance with this schedule, or in accordance with Annex 6 to the Official Controls Regulation.

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

7.  Regulation 18 applies as if—

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

“(1) This regulation applies in relation to any consignment of relevant goods if the consignment does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation.”;

(b)in paragraph (3)(b)—

(i)“from the same border control post” were omitted;

(ii)for “at the border control post” there were substituted “into Scotland”.

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

8.  Regulation 21 applies as if in paragraph (1) for “If the checks” to “that animal” there were substituted “If checks show that an animal does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation”.

PART 3SAdditional rules in relation to relevant goods consisting of live animals

Live animalsS

9.—(1) This paragraph applies in relation to relevant goods consisting of live animals.

(2) The live animals must not be moved from the place of destination indicated in the accompanying health certificate before the completed and signed health certificate has been uploaded to the appropriate computerised information management system.

(3) The person responsible for the transportation of the live animals to the place of destination must be in possession of the appropriate authorisation in accordance with Council Regulation (EC) No 1/2005.]

paragraph 5(2A)(b)(i) of Schedule 5

[F42SCHEDULE 6 STransitional import arrangements: animal by-products and derived products requiring a health certificate on importation