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

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/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1) or the conditions of the approval, they may serve a notice on the operator—

(a) specifying the breach;

(b) providing a time limit within which the requirements for approval or the conditions of approval must be complied with; and

(c) prohibiting the use of the facilities (or any part of the facilities) until the notice is complied with.

(2) If the notice is not complied with the Scottish Ministers may suspend the approval of the border inspection post.

(3) If the Scottish Ministers consider that the operation of a border inspection post creates a risk to human or animal health they must suspend the approval of the border inspection post.

(4) Where the Scottish Ministers suspend the approval of a border inspection post under paragraph (2) or (3), they must inform the Commission and the other member States of the suspension and the reason for it.

(1)

OJ L 24, 30.1.1998, p.9, as last amended by Council Directive 2006/104/EC (OJ L 363, 20.12.2006, p.352).