The Trade in Animals and Related Products (Scotland) Regulations 2012
| Year | 2012 |
2012 No. 177
Animals
Agriculture
The Trade in Animals and Related Products (Scotland) Regulations 2012
Made 29th May 2012
Laid before the Scottish Parliament 31th 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 19721, section 56(1) and (2) of the Finance Act 19732and 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 inspection post” means a port or airport approved as such by the European Commission3;
“Commission Decision 92/260/EEC” means Commission Decision 92/260/EECon animal health conditions and veterinary certification for temporary admission of registered horses4;
“Commission Decision 2007/275/EC” means Commission Decision 2007/275/ECconcerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EECand 97/78/EC5;
“Council Directive 64/432/EEC” means Council Directive 64/432/EECon animal health problems affecting intra-Community trade in bovine animals and swine6;
“Council Directive 91/68/EEC” means Council Directive 91/68/EECon animal health conditions governing intra-Community trade in ovine and caprine animals7;
“Council Directive 91/496/EEC” means Council Directive 91/496/EEClaying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EECand 90/675/EEC8;
“Council Directive 92/65/EEC” means Council Directive 92/65/EEClaying 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/EEC9;
“Council Directive 97/78/EC” means Council Directive 97/78/EClaying down the principles governing the organisation of veterinary checks on products entering the Community from third countries10;
“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 200911;
“genetic material” means hatching eggs and animal semen, ova or embryos;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 199412;
“official veterinarian” means a veterinary surgeon appointed by an enforcement authority under regulation 10(1);
“product” means a product listed in Annex I to Commission Decision 2007/275/ECand, in addition, hay and straw;
“Regulation (EC) No 882/2004” means Regulation (EC) No 882/2004of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules13;
“Regulation (EC) No 450/2008” means Regulation (EC) No 450/2008of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code)14; and
“Regulation (EC) No 1069/2009” means Regulation (EC) No 1069/2009of 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)15.
(2) A reference in these Regulations to an EU instrument listed in Schedule 1 is a reference to that instrument as amended from time to time.
Exceptions for movement of pet animals
3.—(1) These Regulations do not apply in relation to the movement of pets accompanied by and under the responsibility of a natural person, where—
(a)
(a) the movement is not the subject of a commercial transaction; and
(b)
(b) in the case of cats, dogs and ferrets, not more than five animals are travelling with the person.
(2) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No 998/2003on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC16.
International agreements
4. For the purposes of these Regulations, the movement of animals, genetic material or products to or from Iceland, Liechtenstein, Norway or Switzerland under any agreement between any of those countries and the European Union is treated as movement between member States.
PART 2
Movement between member States
Movement of animals and genetic material between member States
5.—(1) Subject to paragraphs (4) and (5), no animal or genetic material may be consigned to another member State, or brought into Scotland from another member State, unless—
(a)
(a) paragraph (3) has been complied with;
(b)
(b) it is accompanied by the completed, signed health certificate required for that animal or genetic material by the relevant instrument in Schedule 1; and
(c)
(c) it complies with any additional requirements specified in Part 1 of Schedule 2.
(2) The consignee of an incoming consignment must keep the certificate mentioned in paragraph (1)(b) for at least three years.
(3) This paragraph is complied with where—
(a)
(a) in the case of consignment to another member State, the consignor has arranged for the competent authority of the member State of destination to be notified at least 24 hours in advance of the intended arrival of consignment, using the Traces system established under Commission Decision 2004/292/ECon the introduction of the Traces system and amending Decision 92/486/EEC17;
(b)
(b) in the case of a consignment brought into Scotland, the importer or consignee has notified the Scottish Ministers, at least 24 hours in advance of the intended arrival of the consignment.
(4) Paragraph (1)(a) does not apply to registered horses bearing an identification document provided for by Council Directive 90/427/EECon the zootechnical and genealogical conditions governing intra-Community trade in equidae18.
(5) Paragraph (1)(b) does not apply to registered equidae or equidae for breeding and production covered by a bi-lateral agreement made under Article 6 of Council Directive 2009/156/ECon animal health conditions governing the movement and importation from third countries of equidae19.
Preparation of a health certificate
6.—(1) In order to prepare a health certificate for the consignment of an animal or genetic material to another member State, the person intending to dispatch the consignment must apply to the Scottish Ministers for a uniquely numbered certificate.
(2) The certificate must then be completed by a person authorised to do so by the Scottish Ministers, in accordance with the instructions sent by the Scottish Ministers with the certificate.
(3) The person completing the certificate must ensure that the conditions specified in the certificate are fulfilled and that all necessary examinations have been carried out.
(4) If everything is in order the person must sign the certificate.
(5) No person may sign a certificate unless authorised by the Scottish Ministers.
(6) No person may sign a certificate knowing it to be false, or not believing it to be true.
PART 3
Importation from a third country
Scope of this Part
7. This Part—
(a) applies in relation to the importation into Scotland from a country outside the European Union of any animal or product and includes situations where the ultimate destination is outside Scotland; and
(b) does not apply in the cases specified in Schedule 3.
Meaning of “CVED”
8. In this Part, “CVED” means the Common Veterinary Entry Document specified in—
(a) Commission Regulation (EC) No 136/2004laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries20; and
(b) Commission Regulation (EC) No 282/2004introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community21.
Border inspection post
9.—(1) If at any time the Scottish Ministers are of the opinion that a border inspection post no longer complies with the requirements for approval for a border inspection post set out in Annex II to Council Directive 97/78/EClaying down the principles governing the organisation of veterinary checks on products entering the Community from third countries22or the conditions of the approval, they may serve a notice on the operator—
(a)
(a) specifying the breach;
(b)
(b) providing a time limit within which the requirements for approval or the conditions of approval must be complied with; and
(c)
(c) prohibiting the use of the facilities (or any part of the facilities) until...
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