The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007

Exports

5.—(1) No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the instruments (“the listed instruments”) in Part I of Schedule 3 unless–

(a) it complies with the relevant provisions of the listed instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;

(b) when required by the listed instruments, it is accompanied by–

(i) an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or

(ii) any other document required by the listed instruments;

(c) when required by the listed instruments, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the listed instruments; and

(d) if the animal is acquired through or transits an assembly centre, that centre is an approved assembly centre.

(2) If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation the inspector may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.

(3) In the event of a notice served under paragraph (2) not being complied with, an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

(4) No person shall export to another member State any animal to which the provisions of Articles 6, 7, 9 or 10 of Council Directive 92/65/EEC apply unless the animal originates from–

(a) a holding that has been registered with the Scottish Ministers and the owner or person in charge of that holding has given to the Scottish Ministers undertakings in accordance with Article 4 of Council Directive 92/65/EEC; or

(b) a body, institute or centre that has been approved by the Scottish Ministers in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC.

(5) No person shall export to another member State any hatching eggs, day old chicks or poultry to which Article 6 of Council Directive 90/539/EEC, applies unless they originate from an establishment which–

(a) is a member of the monitoring scheme, known as the Poultry Health Scheme, operated by the Scottish Ministers in accordance with Schedule 4 to these Regulations; and

(b) conforms with the requirements of Annex II to Council Directive 90/539/EEC.

(6) An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(1)(a) of Council Directive 90/539/EEC.