Scottish Statutory Instruments
2021 No. 432
Agriculture
Food
Exiting The European Union
The Animal Products (Transitional Import Conditions) (Miscellaneous Amendment) (Scotland) Regulations 2021
Made 23rd November 2021
Laid before the Scottish Parliament 25th November 2021
Coming into force 1st January 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018, paragraph 10A(1) of schedule 2 of the Trade in Animals and Related Products (Scotland) Regulations 2012 and all other powers enabling them to do so.
2018 c. 16; paragraph 21 of schedule 7 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1), section 41(4) and schedule 5, paragraph 53.
S.S.I. 2012/177. Paragraph 10A of schedule 2 was inserted by S.S.I. 2021/138.

Citation and commencement
1. These Regulations may be cited as the Animal Products (Transitional Import Conditions) (Miscellaneous Amendment) (Scotland) Regulations 2021 and come into force on 1 January 2022.

Amendment of Commission Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations from third countries
2. (1) Commission Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations from third countries is amended as follows.
EUDN 2000/572, relevantly amended by S.S.I. 2020/455 and 2021/161 and 288. Article 3 (import conditions) was inserted by Commission Decision 2008/592/EC, made under Article 8(4) of Council Directive 2002/99/EC.
(2) In paragraph 2 of Article 4za (transitional modification for imports from certain countries and territories), in the definition of “the transitional period”, for “31 December 2021” substitute “30 June 2022”.

Amendment of the Trade in Animals and Related Products (Scotland) Regulations 2012
3. (1) The Trade in Animals and Related Products (Scotland) Regulations 2012 are amended as follows.
S.S.I. 2012/177. Schedule 5 was inserted by S.S.I. 2020/458. Paragraph 5 was amended by S.I. 2021/429 and 809 and S.S.I. 2021/297 and 342.
(2) In paragraph 5 (derogation from regulation 13: procedure on importation) of schedule 5 (application of, derogations from, and modifications to, Part 3, on importation from a third country, in relation to certain territories subject to transitional import arrangements)—
(a) omit sub-paragraph (3), and
(b) in sub-paragraph (4) for “sub-paragraphs (2) and (3)” substitute “sub-paragraph (2)”.
GEORGE ADAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd November 2021

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend provisions in Commission Decision 2000/572/EC, which lays down animal and public health and veterinary certification conditions for imports of meat preparations from third countries, and in the Trade in Animals and Related Products (Scotland) Regulations 2012 (“the 2012 Regulations”). The amendments relate to transitional import conditions for animal products which originate from certain third countries.
Regulation 2 amends Article 4za of Commission Decision 2000/572/EC, which modifies the import conditions for imports of meat preparations from countries and territories subject to special transitional import arrangements (EEA states, the Faroe Islands, Greenland and Switzerland). It amends Article 4za to provide that the import condition that meat preparations have been deep frozen at the production plant or plants of origin does not apply until 1 July 2022, where the production plant or plants of origin are in one of those countries or territories.
Regulation 3 amends paragraph 5 of schedule 5 of the 2012 Regulations. Schedule 5 of the 2012 Regulations was made in exercise of powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the European Union. Paragraph 5 of schedule 5 makes provision regarding the conditions for importation of animals and related products from certain third countries during the transitional staging period provided for by Annex 6 to Regulation (EU) 2017/625 (EUR 2017/625). Regulation 3 removes the requirement that, from 1 January 2022, a health certificate accompany products of animal origin and animal by-products.
A Business and Regulatory Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.