PART 2Movement between member States
Movement of animals and genetic material between member States
5.—(1) Subject to paragraphs (4) and (5), no animal or genetic material may be consigned to another member State, or brought into Scotland from another member State, unless—
(a)paragraph (3) has been complied with;
(b)it is accompanied by the completed, signed health certificate required for that animal or genetic material by the relevant instrument in Schedule 1; and
(c)it complies with any additional requirements specified in Part 1 of Schedule 2.
(2) The consignee of an incoming consignment must keep the certificate mentioned in paragraph (1)(b) for at least three years.
(3) This paragraph is complied with where—
(a)in the case of consignment to another member State, the consignor has arranged for the competent authority of the member State of destination to be notified at least 24 hours in advance of the intended arrival of consignment, using the Traces system established under Commission Decision 2004/292/EC on the introduction of the Traces system and amending Decision 92/486/EEC(1);
(b)in the case of a consignment brought into Scotland, the importer or consignee has notified the Scottish Ministers, at least 24 hours in advance of the intended arrival of the consignment.
(4) Paragraph (1)(a) does not apply to registered horses bearing an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae(2).
(5) Paragraph (1)(b) does not apply to registered equidae or equidae for breeding and production covered by a bi-lateral agreement made under Article 6 of Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae(3).
Preparation of a health certificate
6.—(1) In order to prepare a health certificate for the consignment of an animal or genetic material to another member State, the person intending to dispatch the consignment must apply to the Scottish Ministers for a uniquely numbered certificate.
(2) The certificate must then be completed by a person authorised to do so by the Scottish Ministers, in accordance with the instructions sent by the Scottish Ministers with the certificate.
(3) The person completing the certificate must ensure that the conditions specified in the certificate are fulfilled and that all necessary examinations have been carried out.
(4) If everything is in order the person must sign the certificate.
(5) No person may sign a certificate unless authorised by the Scottish Ministers.
(6) No person may sign a certificate knowing it to be false, or not believing it to be true.
OJ L 94, 31.3.2004, p.63, as last amended by Commission Decision 2005/515/EC (OJ L 187, 19.7.2005, p.29).
OJ L 224, 18.8.1990, p.55, as last amended by Council Directive 2008/73/EC (OJ L 219, 14.8.2008, p.40).
OJ L 192, 23.7.2010, p.1.