10.—(1) Subject to paragraphs (2) and (3) below, no person shall send any processed animal protein to another member State.
(2) If the conditions specified in paragraph (3) below are met, the prohibitions in paragraph (1) above shall not apply to–
(a)processed animal protein not intended for the feeding of any farmed animal;
(b)fishmeal referred to in regulation 4(2)(a), transported and intermediately stored in accordance with Schedule 1, for feeding to farmed animals other than ruminants;
(c)gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feedingstuffs;
(d)dicalcium phosphate referred to in regulation 4(2)(c), produced in accordance with Schedule 2, for feeding to farmed animals;
(e)hydrolysed protein referred to in regulation 4(2)(d), produced in accordance with Schedule 3, for feeding to farmed animals;
(f)milk and milk products; or
(g)petfood referred to in chapter 4 of Annex I to Directive 92/118/EEC(1).
(3) The conditions referred to in paragraph (2) above are–
(a)the member State of destination–
(i)has authorised receipt of processed animal protein from the United Kingdom for the purposes of article 3(1)(a) of the Commission Decision; and
(ii)has authorised processed animal protein from the United Kingdom to be sent only to premises in the member State of destination other than premises producing feedingstuffs for farmed animals;
(b)the processed animal protein is accompanied by an official certificate as laid down in Annex V to the Commission Decision or, in the case of dicalcium phosphate or hydrolysed protein, an official certificate as laid down in Annex IV to the Commission Decision;
(c)the processed animal protein is–
(i)transported in sealed, covered containers or vehicles, in such a way as to prevent loss; and
(ii)conveyed directly to a petfood or feed plan in the member State of destination; and
(d)notice is given to a veterinary inspector by or on behalf of the person sending the processed animal protein in sufficient time and manner to enable the Scottish Ministers to inform the competent authority of the member State of destination, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC(2) as applied for the purposes of the Commission Decision, of the place of destination of the place of destination of each consignment sent.
(4) Where processed animal protein has been sent to another member State and the member State of destination, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC as applied for the purposes of the Commission Decision, has not informed the Scottish Ministers that the consignment has arrived, the Scottish Ministers shall immediately take the appropriate action which, in their opinion, is necessary or expedient for the purposes of article 3(1)(e) of the Commission Decision.
(5) Subject to paragraphs (6) and (7) below, no person shall import any processed animal protein from another member State.
(6) If the conditions specified in paragraph (7) below are met, the prohibitions in paragraph(5) above shall not apply–
(a)to processed animal protein not intended for the feeding of any farmed animal;
(b)to fishmeal referred to in regulation 4(2)(a) above, transported and intermediately stored in accordance with Schedule 1, for feeding to farmed animals other than ruminants;
(c)to gelatin derived from non-ruminant animals for coating additives within the meaning of Council Directive 70/524/EEC concerning additives in feeding stuffs;
(d)to dicalcium phosphate referred to in regulation 4(2)(c) above, produced in accordance with Schedule 2, for feeding to farmed animals;
(e)to hydrolysed protein referred to in regulation 4(2)(d) above, produced in accordance with Schedule 3, for feeding to farmed animals;
(f)to milk and milk products; or
(g)to petfood referred to in chapter 4 of Annex I to Directive 92/118/EEC.
(7) The conditions referred to in paragraph (6) above are–
(a)the Scottish Ministers–
(i)have authorised receipt of processed animal protein from the member State for the purposes of article 3(1)(a) of the Commission Decision; and
(ii)have authorised processed animal protein from the member State to be sent only to premises in Scotland other than premises producing feedingstuffs for farmed animals;
(b)before the processed animal protein is imported, the person who intends to import it has given notice of the proposed import to a veterinary inspector;
(c)the processed animal protein is accompanied by an official certificate as laid down in Annex V to the Commission Decision or, in the case of dicalcium phosphate or hydrolysed protein, an official certificate as laid down in Annex IV to the Commission Decision;
(d)the processed animal protein is–
(i)transported in sealed, covered containers or vehicles, in such a way as to prevent loss; and
(ii)conveyed directly to a petfood or feed plant in the member State of destination; and
(e)notice is given to a veterinary inspector by or on behalf of the person sending the processed animal protein in sufficient time and manner to enable the Scottish Ministers to inform the competent authority of the member State of origin, in accordance with the ANIMO procedure established under Commission Decision 91/398/EEC as applied for the purposes of the Commission Decision, of the arrival of each consignment sent.
O.J. No. L 62, 15.3.93, p.49, as amended by Commission Decision 94/466/EC (O.J. No. L 190 26.07.94 p.26), Commission Decision 94/723/EC (O.J. No. L 288 09.11.94 p.48), Commission Decision 95/338/EC (O.J. No. L 200 24.08.95 p.35), Commission Decision 95/339/EC (O.J. No. L 200 24.08.95 p.36), Commission Decision 96/103/EC (O.J. No. L 024 31.01.96 p.28), Commission Decision 96/340/EC (O.J. No. L 129 30.05.96 p.35), Commission Decision 96/405/EC (O.J. No. L 165 04.07.96 p.40), Council Directive 96/90/EC (O.J. No. L 013, 16.01.97 p.24), Council Directive 97/79/EC (O.J. No. L 024 30.01.98 p.31), and Commission Decision 1999/724/EC (O.J. No. L 290, 12.11.99, p.32).
O.J. No. L 221, 9.8.1991, p.30.