The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024

Amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012

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

(2) In regulation 2 (interpretation), at the end insert—

“(4) The terms used in Schedule 6 have the same meaning as in Commission Regulation (EU) No 142/2011.”.

(3) In Schedule 5—

(a) in paragraph 4—

(i) omit sub-paragraphs (3A) and (3B);

(ii) after sub-paragraph (3), insert—

“(3C) In relation to the relevant goods referred to in sub-paragraph (3) entering Scotland from the Republic of Ireland on or after 31st January 2024, the requirement that the goods be pre-notified before entry does not apply where the condition in sub-paragraph (3D) is met.

(3D) The condition is that the goods are qualifying Northern Ireland goods that, in the course of passing from Northern Ireland into Scotland, have passed through the Republic of Ireland and have not passed through any other country or territory.”;

(iii) after sub-paragraph (6)(e), insert—

“(f) “qualifying Northern Ireland goods” has the meaning given by regulation 3 of the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020(2).”;

(b) in paragraph 5—

(i) omit sub-paragraph (2)(b);

(ii) after sub-paragraph (2), insert—

“(2A) From 31st January 2024—

(a) relevant goods consisting of products of animal origin may not be imported into Great Britain at any place in Scotland unless they are accompanied by—

(i) the appropriate health certificate for third country imports in the form published by the Scottish Ministers or the Secretary of State from time to time; or

(ii) where they meet the conditions in sub-paragraph (3A) or are listed in sub-paragraph (3B), relevant commercial documents which at least identify the premises of origin and destination and contain a description of the product and the quantity of the product; and

(b) relevant goods consisting of animal by-products or derived products may not be imported into Great Britain at any place in Scotland unless they are accompanied by—

(i) in the case of goods listed in column 1 of the table in Schedule 6 which are stated in the health certificate to be intended for the use (or use of a kind) mentioned in relation to those goods in column 2 of that table, the appropriate health certificate for third country imports in the form published by the Scottish Ministers or the Secretary of State from time to time; or

(ii) in any other case, relevant commercial documents which at least identify the premises of origin and destination and contain a description of the product and the quantity of the product.

(3A) The conditions referred to in sub-paragraph (2A)(a)(ii) are that they—

(a) are shelf-stable at ambient temperature;

(b) are securely packaged or sealed in clean containers; and

(c) are not one of the following categories of goods—

(i) infant formula;

(ii) follow-on formula;

(iii) baby food;

(iv) food for special medical purposes;

(v) beeswax;

(vi) pollen;

(vii) propolis;

(viii) royal jelly; or

(ix) products derived from live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods.

(3B) The products referred to in sub-paragraph (2A)(a)(ii) are—

(a) composite products listed in a document published by the Secretary of State under Article 3(1)(a) of Commission Decision 2007/275 or referred to in Article 4 of that Decision, except for products listed in sub-paragraph (3A)(c)(i) to (iv) and (ix);

(b) dairy products or colostrum-based products that have been subject to a heat treatment referred to in point 2(1) of Chapter 2, Section 9 of Annex 3 to Regulation 853/2004, except for fresh milk and the products listed in sub-paragraph (3A)(c)(i) to (iv);

(c) fresh fishery products or prepared fishery products that are—

(i) from wild freshwater or seawater animals of species other than of the Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae,or Scombresosidae families, and

(ii) either not live or non-viable;

(d) gelatine;

(e) collagen;

(f) highly refined products of animal origin;

(g) honey;

(h) rendered animal fat;

(i) greaves.”.

(c) after sub-paragraph (5), insert—

“(6) in this paragraph)—

(a) “colostrum-based product” has the meaning given in point 2 of Section 9 of Annex 3 to Regulation 853/2004;

(b) “collagen”, “dairy product”, “fishery product”, “fresh fishery products”, “gelatine”, “greaves”, “prepared fishery products” and “rendered animal fat” have the meanings given in Annex 1 to Regulation (EC) 853/2004;

(c) “highly refined products of animal origin” means the products listed in point 1 of Section 16 of Annex 3 to Regulation 853/2004;

(d) “infant formula”, “follow-on formula”, “baby food” and “food for special medical purposes” have the meanings given in Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control(3);

(e) “non-viable” means they would no longer be able to survive as living animals if returned to the environment from which they were obtained;

(f) Regulation 853/2004 means Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(4);

(g) “shelf-stable at ambient temperature” means they do not need to be transported or stored under controlled temperatures.”.

(4) After Schedule 5, insert Schedule 6 contained in Schedule 4 to these Regulations.

(1)

S.S.I. 2012/177. Schedule 5 was inserted by S.S.I. 2020/458 and amended by S.S.I. 2021/297, 342, 432, 493, 2022/90 and 138, and by S.I. 2021/429 and 809.

(2)

S.I. 2020/1454.

(3)

EUR 2013/609, as amended by S.I. 2019/651.

(4)

EUR 2004/853, to which there are amendments not relevant to these Regulations.