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

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 Commission(1);

“Commission Decision 92/260/EEC” means Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses(2);

“Commission Decision 2007/275/EC” means Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC(3);

“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(4);

“Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals(5);

“Council Directive 91/496/EEC” means Council Directive 91/496/EEC laying 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/EEC and 90/675/EEC(6);

“Council Directive 92/65/EEC” means Council Directive 92/65/EEC laying 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/EEC(7);

“Council Directive 97/78/EC” means Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(8);

“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 2009(9);

“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 1994(10);

“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/EC and, in addition, hay and straw;

“Regulation (EC) No 882/2004” means Regulation (EC) No 882/2004 of 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 rules(11);

“Regulation (EC) No 450/2008” means Regulation (EC) No 450/2008 of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code)(12); and

“Regulation (EC) No 1069/2009” means Regulation (EC) No 1069/2009 of 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)(13).

(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) the movement is not the subject of a commercial transaction; and

(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 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC(14).

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.

(1)

The Commission periodically publishes lists of border inspection posts. The list of approved border inspection posts is laid down in Commission Decision 2009/821/EC (OJ L 296, 12.11.2009, p.1) as last amended by Commission Implementing Decision 2011/707/EU (OJ L 281, 28.10.2011, p.29) and is periodically reviewed and amendments made.

(2)

OJ L 130, 15.5.1992, p.67 as last amended by Commission Decision 2010/463/EU (OJ L 220, 21.8.2010, p.74).

(3)

OJ L 116, 4.5.2007, p.9 as last amended by Commission Regulation (EU) No 28/2012 (OJ L 12, 14.01.2012, p.1).

(4)

OJ L 121, 29.7.64, p.1977, as last amended by Commission Decision 2009/976/EU (OJ L 336, 18.12.2009, p.36).

(5)

OJ L 46, 19.2.1991, p.19, as last amended by Council Directive 2008/73/EC (OJ L 219, 14.8.2008, p.40).

(6)

OJ L 268, 24.9.1991, p.56, as last amended by Council Directive 2008/73/EC.

(7)

OJ L 268, 14.9.1992, p.54, as last amended by Commission Decision 2010/684/EU (OJ L 293, 11.11.2010, p.62).

(8)

OJ L 24, 30.1.1998, p.9, as last amended by Council Directive 2006/104/EC.

(9)

2009 c.11.

(10)

1994 c.39, which has been amended for purposes not relevant to these Regulations.

(11)

OJ L 165, 30.4.2004, p.1, as last amended by Commission Regulation (EU) No 208/2011 (OJ L 58, 3.3.2011, p.29).

(12)

OJ L 145, 4.6.2008, p.1.

(13)

OJ L 300, 14.11.2009, p.1, as amended by Directive 2010/63/EU of the European Parliament and of the Council (OJ L 276, 20.10.2010, p.33).

(14)

OJ L 146, 13.6.2003, p.1, as last amended by Commission Regulation (EU) No 52/2012 (OJ L 18, 21.1.2012, p.1).