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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).
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.
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