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

Regulation 7

[F1 SCHEDULE 5 S Application of, derogations from, and modifications to, Part 3 in relation to certain territories subject to transitional import arrangements

Textual Amendments

F1 Sch. 5 inserted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(30)

PART 1 S Introductory

Application S

1.— (1) This schedule applies during the transitional staging period to animals and products falling within Article 47(1)(a) and (b) of the Official Controls Regulation which originate from a relevant third country.

(2) In sub-paragraph (1) “the transitional staging period” and “relevant third country” have the same meaning as in paragraph 2 of Annex 6 to the Official Controls Regulation.

(3) Animals and products falling within sub-paragraph (1) are referred to in this schedule as “relevant goods”.

Application of, derogations from, and modifications to, Part 3 of these Regulations S

2.   The provisions of Part 3 of these Regulations apply to relevant goods with the derogations and modifications specified in Part 2 of this schedule.

PART 2 S Derogations from, and modifications to, Part 3 of these Regulations

Derogation from regulation 11: place of importation S

3.— (1) Regulation 11 does not apply to relevant goods.

(2) Relevant goods are not required to enter Scotland through a border control post and may enter Scotland through any point of entry.

Derogation from regulation 12: notification of importation S

4.— (1) Regulation 12 does not apply to relevant goods.

(2) From 1st January 2021, relevant goods of the following descriptions must be pre-notified at least one working day before the expected time of arrival at a point of entry into Scotland—

(a) relevant goods which originate from a relevant third country other than a territory subject to special transitional import arrangements;

(b) animal by-products comprising—

(i) Category 1 material;

(ii) Category 2 material;

(iii) processed animal protein derived from Category 3 material.

(3) From [F2 1st January 2022] relevant goods consisting of products of animal origin [F3 or animal by-products not covered by sub-paragraph (2)(b)] must be pre-notified at least one working day before the expected time of arrival at a point of entry into Scotland.

[F4 (3A) Sub-paragraph (3) does not apply to relevant goods which are imported into Scotland from the Republic of Ireland when the condition in sub-paragraph (3B) is met.

(3B) The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland [F5 or the Republic of Ireland] if they are processed there.]

(4) Where the importer can provide evidence of a logistical constraint preventing the notification under sub-paragraphs (2) or (3), that requirement may be satisfied by notification of the consignment’s expected time of arrival at least 4 hours in advance.

(5) This paragraph applies in addition to other requirements for prior notification of the entry into Scotland of relevant goods from a third country during the transitional staging period (see Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation).

(6) In this paragraph—

(a) “pre-notified” means notification that has been given through the appropriate computerised information management system to the authority responsible for performing official controls on the particular category of relevant goods at the [F6 place where the controls are to be carried out];

(b) “working day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;

(c) “a territory subject to special transitional import arrangements” has the same meaning as in paragraph 2 of Annex 6 to the Official Controls Regulation;

(d) “Category 1 material”, “Category 2 material” and “Category 3 material” have the meanings given in Articles 8 to 10 of Regulation (EC) No 1069/2009;

(e) “processed animal protein” has the meaning given in point 5 of Annex I to Commission Regulation (EU) No 142/2011.

Textual Amendments

F2 Words in sch. 5 para. 4(3) substituted (1.10.2021) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/342), regs. 1, 3(2)(a)

F3 Words in sch. 5 para. 4(3) inserted (1.1.2022) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) (No. 3) Regulations 2021 (S.S.I. 2021/493), regs. 1, 3(2)

F4 Sch. 5 para. 4(3A)(3B) inserted (12.5.2022) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/90), regs. 1, 2

F5 Words in sch. 5 para. 4(3B) inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 10

F6 Words in sch. 5 para. 4(6)(a) substituted (1.10.2021) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/297), regs. 1, 3(2)(a)

Derogation from regulation 13: procedure on importation S

5.— (1) Regulation 13 does not apply to relevant goods.

(2) From 1st January 2021, relevant goods consisting of—

(a) live animals or germinal products may not be imported into Scotland unless they are accompanied by 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;

(b) products of animal origin and animal by-products must be accompanied by 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.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The documents described in [F8 sub-paragraph (2)] must accompany the consignment of the relevant goods concerned to its place of destination.

(5) Official controls must take place at the [F9 place where the controls are to be carried out] on a random or risk basis, and in accordance with regulation 25 and 30.

Textual Amendments

F7 Sch. 5 para. 5(3) omitted (1.1.2022) by virtue of The Animal Products (Transitional Import Conditions) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/432), regs. 1, 3(2)(a)

F8 Words in sch. 5 para. 5(4) substituted (1.1.2022) by The Animal Products (Transitional Import Conditions) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/432), regs. 1, 3(2)(b)

F9 Words in sch. 5 para. 5(5) substituted (1.10.2021) by The Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/297), regs. 1, 3(2)(b)

Derogation from regulation 17(a): unchecked consignments S

6.   Regulation 17(a) does not apply to relevant goods which have entered Scotland through a point of entry other than a border control post in accordance with this schedule, or in accordance with Annex 6 to the Official Controls Regulation.

Modification of regulation 18: action following non-compliance: products S

7.   Regulation 18 applies as if—

(a) for paragraph (1) there were substituted—

“(1) This regulation applies in relation to any consignment of relevant goods if the consignment does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation.”;

(b) in paragraph (3)(b)—

(i) “from the same border control post” were omitted;

(ii) for “at the border control post” there were substituted “into Scotland”.

Modification of regulation 21: action following non-compliance: animals S

8.   Regulation 21 applies as if in paragraph (1) for “If the checks” to “that animal” there were substituted “If checks show that an animal does not comply with the provisions of schedule 5 of these Regulations or Article 56A of the Official Controls Regulation as inserted by paragraph 13 of Annex 6 to that Regulation”.

PART 3 S Additional rules in relation to relevant goods consisting of live animals

Live animals S

9.— (1) This paragraph applies in relation to relevant goods consisting of live animals.

(2) The live animals must not be moved from the place of destination indicated in the accompanying health certificate before the completed and signed health certificate has been uploaded to the appropriate computerised information management system.

(3) The person responsible for the transportation of the live animals to the place of destination must be in possession of the appropriate authorisation in accordance with Council Regulation (EC) No 1/2005.]