The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018

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

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

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

(a) omit the definition of “Commission Decision 92/260/EEC”,

(b) after the definition of “Council Directive 97/78/EC” insert—

““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(2), as last amended by Commission Implementing Regulation (EU) 2018/1301(3),”,

(c) in the definition of “Commission Decision 2007/275/EC”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2016/1196(4)”,

(d) in the definition of “Council Directive 64/432/EEC”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2015/819(5)”,

(e) in the definition of “Council Directive 91/68/EEC”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2016/2002”,

(f) in the definition of “Council Directive 92/65/EEC”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2017/2174”,

(g) in the definition of “Regulation (EC) No 1069/2009”, at the end insert “, as last amended by Council regulation (EU) No 1385/2013”, and

(h) omit the definition of “Regulation (EC) No 450/2008”.

(3) In regulation 5(4) (movement of animals and genetic material between member states), from “Council Directive” to the end substitute—

“Commission Delegated Regulation (EU) 2017/1940 supplementing Regulation (EU) 2016/1012 of the European Parliament and of the Council as regards the content and format of zootechnical certificates issued for purebred breeding animals of the equine species contained in a single lifetime identification document for equidae(6).”.

(4) In regulation 21(5) (action following non-compliance – animals), for “Commission Decision 92/260/EEC” substitute “Commission Implementing Regulation (EU) 2018/659”.

(5) For regulation 24 (admission of products into warehouses) substitute—

“Admission of products into warehouses

24.   No person may bring a consignment of products that does not comply with the import requirements of these Regulations into a warehouse in a free zone or a customs warehouse (which have the same meaning as in Title VII, Chapter 3, Section 2 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code(7)).”.

(6) In regulation 27(3) (enforcement), from “Articles” to the end substitute—

“Articles 134 and 135 of Regulation (EU) 952/2013 of the European Parliament and of the Council laying down the Union Customs Code.”.

(7) In regulation 30(2)(a) (consignments from another member state constituting a risk to health), for “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997” substitute “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015(8)”.

(8) In schedule 2 (additional requirements in specific cases)—

(a) in paragraph 3 (poultry health scheme), after “eggs” insert “, as last relevantly amended by Commission Implementing Decision 2011/879/EU(9)”,

(b) in paragraph 8(1) (imported birds), from “Commission” to the end substitute “Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof(10).”, and

(c) in paragraph 9 (horses), for “Commission Decision 92/260/EEC” substitute “Commission Implementing Regulation (EU) 2018/659”.

(9) In schedule 3 (cases to which Part 3 does not apply), in paragraph 1 (case 1: personal imports and small consignments), at the end insert “, as last amended by Commission Regulation (EU) No 519/2013(11)”.

(1)

S.S.I. 2012/177, to which there are amendments not relevant to these Regulations.

(2)

OJ L 110, 30.4.2018, p.1.

(3)

OJ L 244, 28.9.2018, p.10.

(4)

OJ L 197, 22.7.2016, p.10.

(5)

OJ L 129, 27.5.2015, p.28.

(6)

OJ L 275, 25.10.2017, p.1.

(7)

OJ L 269, 10.10.2013, p.1, to which there are amendments not relevant to these Regulations.

(8)

S.I. 2015/787.

(9)

OJ L 343, 23.12.2011, p.105.

(10)

OJ L 47, 20.2.2013, p.1.

(11)

OJ L 158, 10.6.2013, p.74, to which there are amendments not relevant to these Regulations.