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The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 (revoked)

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Scottish Statutory Instruments

2007 No. 194

ANIMALS

ANIMAL HEALTH

The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007

Made

6th March 2007

Laid before the Scottish Parliament

8th March 2007

Coming into force

2nd April 2007

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and section 56(1) and (2) of the Finance Act 1973 M2 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Marginal Citations

M11972 c. 68. Section 2(2) is relevantly amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

M21973 c. 51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The requirement to obtain the consent of the Treasury was removed by section 55 of the 1998 Act.

PART ISINTRODUCTORY

Citation, commencement, interpretation and extentS

1.—(1) These Regulations may be cited as the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 and shall come into force on 2nd April 2007.

(2) In these Regulations–

“approved assembly centre” means an assembly centre approved by the Scottish Ministers in accordance with regulation 13;

“assembly centre” means any holding, collection centre or market at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra Community trade or which is used in the course of intra Community trade;

F1...

“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;

[F2“captive birds” means birds as defined in Article 3(a) of Commission Regulation (EC) No. 318/2007;]

F3...

[F4“Commission Decision 2004/211/EC” means Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species and amending Decisions 93/195/EEC and 94/63/EC;

“Commission Decision 2005/64/EC” means Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres;]

F5...

F6...

“Commission Regulation (EC) No. 282/2004” means Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community M3;

F7...

[F8“Commission Regulation (EC) No. 1739/2005” means Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States;

“Commission Regulation (EC) No. 318/2007” means Commission Regulation (EC) No. 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof;]

[F9“Commission Regulation (EC) No. 798/2008” means Commission Regulation (EC) No. 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements; ]

[F9“Commission Regulation (EC) No. 1251/2008” means Commission Regulation (EC) No. 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species;]

[F10“Commission Regulation (EU) No. 206/2010” means Commission Regulation (EU) No. 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements;]

[F10“Commission Regulation (EU) No. 388/2010” means Commission Regulation (EU) No. 388/2010 implementing Regulation (EC) No. 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement;]

F11...

[F9“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra Community trade in bovine animals and swine M4 F12...;]

“Council Directive 90/425/EEC” means Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra Community trade in certain live animals and products with a view to the completion of the single market M5 F13...;

[F14“Council Directive 90/426/EEC” means Council Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae;]

“Council Directive 90/427/EEC” means Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra Community trade in equidae M6 F15...;

F16...M7

F17...

[F18“Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals;]

“Council Directive 91/496/EEC” means Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries M8F19...;

“Council Directive 92/65/EEC” means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC M9F20...;

[F21“Council Directive 2006/88/EC” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;

[F22“Council Directive 2009/158/EC” means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs;]

“Council Regulation (EC) No. 1/2005” means Council Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97;]

“dealer” means–

(a)

in the case of cattle or pigs, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of those animals and who within 30 days of purchasing animals resells or relocates them to other premises not within his ownership; and

(b)

in the case of sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his ownership;

F23...

“herd” or “flock” means a group of animals kept as an epidemiological unit;

“import” means import into Scotland;

“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Scottish Ministers or a local authority, and when used in relation to a person so appointed by the Scottish Ministers includes a veterinary inspector;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M10;

“place of destination” means the address or addresses to which the consignment is consigned by the consignor;

[F24“quarantine centre” and “quarantine facility” in relation to captive birds means a centre or facility for which approval is required for the purposes of Article 11 of Commission Regulation (EC) No. 318/2007;]

[F25“quarantine manager” in relation to captive birds has the meaning given in regulation 20(10)(b)]

“Regulation (EC) No. 998/2003” means Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non commercial movement of pet animals and amending Council Directive 92/65/EEC M11F26... M12;

“Regulation (EC) No. 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption M13;

“re inspection” in relation to the Poultry Health Scheme means an additional inspection described in paragraph 9 of Part I, Schedule 4, and “re inspection fee” is the fee provided for in that paragraph;

“required consignment documentation” means any certificates or other documents that are required by these Regulations to accompany the consignment;

“veterinary inspector” means a person appointed as a veterinary inspector by the Scottish Ministers; and

“veterinary inspector rate” has the meaning given to it in regulation 33(2).

(3) Unless the context otherwise requires, any expressions used in these Regulations have the meaning they bear in Council Directive 90/425/EEC and Council Directive 91/496/EEC.

(4) A notice, approval or declaration under these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.

(5) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, within the meaning of the Electronic Communications Act 2000 M14.

(6) These Regulations extend to Scotland only.

[F27(7) Any reference to a Community instrument in these Regulations is a reference to that instrument as amended from time to time.]

Textual Amendments

Marginal Citations

M3O.J. L 49, 19.2.2004, p.11.

M4O.J. No. P 121, 29.7.64, p.1977.

M5O.J. No. L 224, 18.8.90, p.29.

M6O.J. No. L 224, 1.8.90, p.55.

M7O.J. No. L 303, 30.10.90, p.6.

M8O.J. No. L 268, 24.9.91, p.56.

M9O.J. No. L 268, 14.9.92, p.54.

M11O.J. No. L 146, 13.6.2003, p.1.

M12O.J. No. L 355, 01.12.2004, p.14.

M13O.J. No. L 139, 30.4.2004, p. 206, a corrigendum to which has been published in O.J. No. L 226, 25.06.2004, p. 83.

M142000 c. 7; the definition, in section 15(1), was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

ExceptionS

2.—(1) Subject to paragraph (2), these Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.

(2) Where any person is accompanying and has under his responsibility more than five pets travelling together that–

(a)are each of a species listed in Annex I to Regulation (EC) No. 998/2003; and

(b)come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003,

these Regulations shall apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction.

[F28(3) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No. 998/2003.]

Textual Amendments

EnforcementS

3.—(1) Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.

(2) The Scottish Ministers may direct, in relation to cases of a particular description, or a particular case, that they, and not the local authority, shall discharge any duty imposed on a local authority under paragraph (1).

(3) The Scottish Ministers may recover from the local authority concerned any expenses reasonably incurred by them under paragraph (2).

PART IISINTRA COMMUNITY TRADE

Application of Part IIS

4.  This Part shall apply to trade between member States in live animals and animal products which are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive [F292006/88/EC].

Textual Amendments

ExportsS

5.—(1) No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the instruments (“the listed instruments”) in Part I of Schedule 3 unless–

(a)it complies with the relevant provisions of the listed instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;

(b)when required by the listed instruments, it is accompanied by–

(i)an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or

(ii)any other document required by the listed instruments;

(c)when required by the listed instruments, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the listed instruments; and

(d)if the animal is acquired through or transits an assembly centre, that centre is an approved assembly centre.

(2) If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation the inspector may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.

(3) In the event of a notice served under paragraph (2) not being complied with, an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

(4) No person shall export to another member State any animal to which the provisions of Articles 6, 7, 9 or 10 of Council Directive 92/65/EEC apply unless the animal originates from–

(a)a holding that has been registered with the Scottish Ministers and the owner or person in charge of that holding has given to the Scottish Ministers undertakings in accordance with Article 4 of Council Directive 92/65/EEC; or

(b)a body, institute or centre that has been approved by the Scottish Ministers in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC.

(5) No person shall export to another member State any hatching eggs, day old chicks or poultry to which Article 6 of [F30Council Directive 2009/158/EC], applies unless they originate from an establishment which–

(a)is a member of the monitoring scheme, known as the Poultry Health Scheme, operated by the Scottish Ministers in accordance with Schedule 4 to these Regulations; and

(b)conforms with the requirements of Annex II to [F30Council Directive 2009/158/EC].

(6) An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(1)(a) of [F30Council Directive 2009/158/EC].

[F31(7) For the purposes of Commission Regulation (EC) No. 1739/2005 the Scottish Ministers are the competent authority, and may charge such fees as they consider appropriate to meet the expenses incurred by them in the registration of a circus or animal act under Article 4 of that Regulation.

(8) Such fees shall be paid by the applicant for registration and shall be due after submission of the application upon the written demand of the Scottish Ministers.

(9) A demand under paragraph (8) may be addressed to the applicant concerned at the applicant's last known address, whether or not it is the applicant's address for business.

(10) An operator must comply with Article 8(3) of Commission Regulation (EC) No. 1739/2005 (obliging operators of circuses, to which that Regulation applies, to retain for at least five years the information in their registers of animals and of venues).

(11) In paragraph (10), “operator” means a circus operator within the meaning of Commission Regulation (EC) No. 1739/2005, or the operator of an animal act in so far as that Regulation applies to that operator.]

Textual Amendments

ImportsS

6.—(1) No person shall import from another member State either for entry into the UK or by way of transit to another Member State any animal or animal product subject to an instrument listed in Part I of Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that instrument and any additional requirements specified in Part I of Schedule 3.

(2) Where an animal subject to an instrument listed in Part 1 of Schedule 3 is imported from another Member State, either for entry into the UK or by way of transit to another Member State, the importer, and the person in charge of the animal, if different, shall comply with all the relevant provisions of that instrument until it arrives at its place of destination or leaves Scotland, as the case may be.

(3) If an animal is imported for slaughter, other than an animal taken to an assembly centre, the importer shall ensure that it is slaughtered without undue delay; and if it is not slaughtered without undue delay, an inspector may by notice served on the importer, their representative or the person in charge of the animal require the animal to be slaughtered as may be specified in the notice.

(4) Where cattle, pigs, sheep or goats are imported for slaughter and are taken to an assembly centre, the importer shall ensure that they are removed from the assembly centre directly to a slaughterhouse and slaughtered there–

(a)in the case of sheep and goats within 5 days of their arrival at the assembly centre; and

(b)in the case of cattle and pigs within 3 days of their arrival at the assembly centre.

(5) Where an animal to which paragraph (4) applies is not slaughtered within the specified period, an inspector may by notice served upon the importer, his representative, or person in charge of the animal require the animal to be slaughtered as may be specified in the notice.

(6) In the event of a notice served under paragraphs (3) or (5) not being complied with an inspector may seize or cause to be seized any animal to which the notice relates and arrange for the requirements of the notice to be complied with.

Transport of animals and animal productsS

7.—(1) No person shall transport any animal or animal product in intra Community trade unless it is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC.

(2) No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on that person by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to the inspector to be in charge of the animal or animal product requiring that person to transport it, at that person's expense, to the address specified in the required consignment documentation.

(3) In the event of a notice served under paragraph (2) not being complied with an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

(4) In the case of the transport of cattle, pigs, sheep or goats, the provisions of Part II of Schedule 3 shall have effect, and any failure to comply with those provisions may lead to a withdrawal of an authorisation under Articles 10, 11 and 13 of Council Regulation (EC) No. 1/2005.

DealersS

8.—(1) For the purposes of paragraph (2) below the Scottish Ministers shall keep a register of dealers engaging in intra Community trade who have applied for registration in accordance with that paragraph.

(2) If required to do so by a notice served on them by the Scottish Ministers, a dealer engaging in intra Community trade in animals shall register as such with the Scottish Ministers and shall give to them such undertakings as to compliance with these Regulations as shall be specified in the notice.

(3) Any person who has registered under paragraph (2) above shall keep a record of all deliveries of animals and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals, and shall keep such records for 12 months from the arrival of the consignment.

(4) In the case of dealers in cattle, pigs, sheep or goats the provisions of Part III of Schedule 3 shall have effect instead of paragraphs (1) to (3) above.

Approval of centres and teamsS

9.—(1) For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC, the Scottish Ministers shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.

(2) The Scottish Ministers shall suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.

(3) For the purposes of Article 11 of Council Directive 92/65/EEC, the Scottish Ministers shall approve any semen collection centre or embryo collection team which has applied to the Scottish Ministers for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.

Approval of laboratoriesS

10.  The Scottish Ministers shall approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma and Salmonella infections required under Chapter III of Annex II to [F32Council Directive 2009/158/EC].

Textual Amendments

Inspection and checking at destinationS

11.—(1) A veterinary inspector shall have power to inspect all animals and animal products imported into Scotland from another member State, at their place of destination, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the Directives or other measures listed in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.

(2) An inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if they have information leading them to suspect an infringement of the Directives or other measures in Part I of Schedule 3 or of any additional requirements specified in Part I of Schedule 3.

Duties on consigneesS

12.—(1) No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.

(2) A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.

(3) The authorised inspector referred to in paragraph (1) shall be the inspector authorised by the Scottish Ministers to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.

Assembly centres and slaughterhousesS

13.—(1) Any person operating an assembly centre for the purpose of intra Community trade in cattle, pigs, sheep or goats shall do so in accordance with this regulation.

(2) The assembly centre shall be approved by the Scottish Ministers and given a number, and approval shall only be given if the Scottish Ministers are satisfied that–

(a)in the case of an assembly centre used for cattle or pigs, the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC;

(b)in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Council Directive 91/68/EEC; and

(c)the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC.

(3) In the case of cattle, pigs, sheep or goats, the operator shall admit only animals that are identified and come from herds or flocks that are eligible for intra Community trade.

(4) Where animals are consigned to an assembly centre, the operator of the assembly centre shall–

(a)ensure that no animal is admitted unless it complies with Article 3.1 of Council Directive 90/425/EEC; and

(b)record on a register–

(i)in the case of cattle, pigs, sheep and goats, the name of the owner, the registration number, the transporter and the licence number of the lorry delivering or collecting animals from the centre;

(ii)in the case of cattle, the origin, date of entry and exit, number and identification number and the proposed destination as well as the information in sub paragraph (4)(b)(i) above;

(iii)in the case of pigs, the registration number of the holding of origin or of the herd of origin and the proposed destination as well as the information in sub paragraph (4)(b)(i) above; and

(iv)in the case of sheep and goats, the identification of the animals, or the registration number of the holding of origin of the animals, and, where applicable, the approval or registration number of any assembly centre through which the animals have passed prior to entering the centre as well as the information in sub paragraph (4)(b)(i) above,

and shall preserve the register for a minimum of 3 years.

(5) Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon qualified in accordance with Regulation (EC) No. 854/2004 to act in such a capacity and appointed as such by the Food Standards Agency (in this paragraph and paragraph (6) “the official veterinary surgeon”), the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC.

(6) If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, the official veterinary surgeon shall forthwith notify a veterinary inspector authorised by the Scottish Ministers to receive that notification, who shall examine the animals and shall either–

(a)certify that they are fit to be slaughtered and used for their intended purpose; or

(b)by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re exported, in each case at the expense of the importer.

(7) Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to them from another member State, or divides up batches of such animals for distribution or marketing–

(a)shall check, before any animal is marketed or any batch is divided up, that all the animals comply with the relevant provisions of an instrument in Part I of Schedule 3, with respect to identification marks and required consignment documentation;

(b)shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Scottish Ministers to receive such notification; and

(c)if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC, shall isolate the animals in question until a veterinary inspector authorised by the Scottish Ministers to do so has authorised their release in writing.

Illegal consignmentsS

14.—(1) If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 6 or of a zoonosis or any other disease or cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, they may by notice served upon the person appearing to them to be in charge of those animals or products, require that person–

(a)immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be specified in the notice for the purpose of preventing the introduction or spreading of disease into or within Scotland; or

(b)without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice.

(2) Subject to the provisions of paragraph (3), if an inspector knows or suspects that animals or animal products do not comply with the provisions of Article 3 of Council Directive 90/425/EEC, they may, if animal health and welfare considerations so permit, give the consignor or the consignor's representative or the person appearing to the inspector to be in charge of those animals or products by way of notice the choice of–

(a)where the cause of non compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 M15, maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring them to take whatever action is specified in that legislation;

(b)slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or

(c)returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.

(3) If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector shall not serve a notice under paragraph (2) unless–

(a)they have given the consignor, the consignor's representative or the person appearing to the inspector to be in charge of those animals or products a notice requiring them to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice; and

(b)the required consignment documentation has not been produced within that time.

(4) In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.

Marginal Citations

M15S.I. 1997/1729, as amended by S.I. 2001/3590, S.I 2004/147 and S.I.2006/755.

PART IIIS[F33THIRD COUNTRY IMPORTS ]

Textual Amendments

Application of Part IIIS

15.  This Part shall apply in respect of animals imported into Scotland–

(a)from anywhere except from another part of the United Kingdom or from another member State, and

(b)from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.

Official veterinariansS

16.  The Scottish Ministers shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part and may revoke such designation at any time.

ImportationS

17.—(1) No person shall import any animal–

(a)either for entry into the United Kingdom or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or

(b)for immediate re export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Scottish Ministers and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.

(2) No person shall import any animal except from a country or territory specified under the Instruments in Part I of Schedule 7.

(3) No person shall import any animal to which an instrument in Part II of Schedule 7 applies unless it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.

[F34(4) No person may import a captive bird unless it is from an approved breeding establishment as defined in Article 3(b) of Commission Regulation (EC) No. 318/2007.]

(5) Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.

(6) In the event of a notice served under paragraph (4) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.

(7) The person in charge of an animal that has been imported for immediate re export, either directly or indirectly, outside the European Community shall comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004.

Textual Amendments

Places of importS

18.—(1) No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M16 may also be imported at places permitted under that Order.

(2) If animals are imported at any place other than a place permitted under paragraph (1), an inspector may by notice require the person appearing to the inspector to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.

(3) Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to the veterinary inspector to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re exported outside the European Community.

(4) In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.

Marginal Citations

M16S.I. 1974/2211, as amended by S.I. 1977/361, 1984/1182, 1986/2062, 1994/17916 and 2003/229.

Import procedureS

19.—(1) No person shall import any animal unless he has given notice of his intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004.

(2) On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the examination area of the border inspection post or, where the instruments in Schedule 7 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub paragraph of Article 10(1) of Council Directive 91/496/EEC.

[F35(3) In relation to a captive bird, the importer or the importer's agent shall at the expense of the importer ensure that–

(a)the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine centre or approved quarantine facility in accordance with Article 7 of Commission Regulation (EC) No. 318/2007 (which provides for the direct transport of birds to approved quarantine facilities or centres); and

(b)the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Article 11(1) of Commission Regulation (EC) No. 318/2007 (which requires that birds are quarantined for at least 30 days).]

(4) Without prejudice to regulation 20, and paragraph 6 of Part I of Schedule 8, no person shall remove any animal from a border inspection post or a quarantine centre unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.

(5) No person shall remove any animal from Customs temporary storage arrangements–

(a)unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Revenue and Customs and the removal has been authorised by that officer;

(b)to any place other than the place of destination specified in the common veterinary entry document, unless they have been required to remove it to another place by means of a notice served on them by an inspector.

(6) Subject to paragraphs (2) to (5), the person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004.

(7) Where a check at a border inspection post involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may, by notice served on the owner or the person appearing to the official veterinarian to be in charge of an animal, permit the owner or person so served to move the animal from the border inspection post, and require that owner or person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 23 shall apply as they apply at a border inspection post.

(8) In the event of a notice served under paragraph (5)(b) or (7) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

Textual Amendments

Quarantine for captive birdsS

[F3620.—(1) No person may operate a quarantine centre or quarantine facility for the quarantine of captive birds pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007 unless the quarantine centre or quarantine facility has been approved by the Scottish Ministers.

(2) Schedule 8 (quarantine of captive birds) has effect.

(3) A quarantine manager shall–

(a)ensure that the quarantine centre or quarantine facility is maintained and operated in accordance with–

(i)the minimum conditions in Chapter 1 of Annex IV to Commission Regulation (EC) No. 318/2007 (requirements as to construction and equipment);

(ii)paragraph (1)(a) and (c) of Chapter 2 of that Annex (management requirements); and

(iii)any other conditions attached to an approval granted under this regulation;

(b)provide such information to the Scottish Ministers as they may request to enable them to comply with Article 17(2) of Commission Regulation (EC) No. 318/2007 (requiring annual reports from member States to the European Commission as to the number of imported birds, mortality rates and confirmed cases of disease); and

(c)provide such assistance to any veterinary inspector carrying out the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 as that veterinary inspector may reasonably require.

(4) In relation to any consignment of captive birds placed in quarantine pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007, the quarantine manager shall–

(a)ensure compliance with the following Articles of that Commission Regulation–

(i)10(1)(b) (requiring notification of the arrival of a consignment at the quarantine centre or quarantine facility);

(ii)11(1);

(iii)12(2) and (3) (imposing requirements in relation to the use of sentinel birds); and

(iv)15 (requiring action where Chlamydophyla psittaci is suspected);

(b)ensure there is surveillance of the captive birds during their quarantine which is adequate for the purposes of Commission Regulation (EC) No. 318/2007, and consult with and seek the supervision of a veterinary inspector in respect of any analyses or treatments required under Commission Regulation (EC) No. 318/2007;

(c)ensure compliance with the management requirements in paragraphs (2) to (10), and (12) to (15) of Chapter 2 of Annex IV to the Commission Regulation (EC) No. 318/2007; and

(d)where any captive bird or sentinel bird dies during quarantine, make its carcase available to the veterinary inspector for examination in the official laboratory.

(5) No person may–

(a)contravene any requirement in paragraphs (4) to (6) of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007;

(b)in relation to a captive bird or a sentinel bird which dies during quarantine, remove or dispose of its carcase during the quarantine of captive birds, unless that person is authorised to do so by a veterinary inspector;

(c)release captive birds in breach of Article 16 of Commission Regulation (EC) No. 318/2007 (requiring written authorisation by the official veterinarian for the release of birds from quarantine).

(6) The following persons are authorised to enter a quarantine centre or quarantine facility–

(a)the quarantine manager;

(b)a member of staff who enters with the authority of the quarantine manager;

(c)a person authorised to enter by the Scottish Ministers or by a veterinary inspector; or

(d)a person who otherwise enters in fulfilment of a statutory function in relation to animal health, animal welfare or species conservation which that person is appointed by the Scottish Ministers or by the local authority to perform.

(7) In so far as not provided for under regulation 32, a veterinary inspector may, in relation to the quarantine of captive birds–

(a)enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation, or to assess whether it is appropriate to grant such an approval;

(b)inspect and arrange for copies to be taken of any documents or records (in whatever form they are held) which the veterinary inspector reasonably considers relevant for checking compliance with this regulation and Schedule 8; and

(c)take samples and carry out official veterinary supervision.

(8) A veterinary inspector exercising powers under this regulation shall produce, if required to do so, some duly authenticated document showing the veterinary inspector's authority to exercise those powers.

(9) For the purposes of sampling and testing required under or in connection with Commission Regulation (EC) No. 318/2007, the Veterinary Laboratories Agency is designated the official laboratory.

(10) In this regulation and Schedule 8–

(a)“official veterinary supervision” means the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 in relation to a consignment of captive birds to which Article 11(1) of that Commission Regulation applies;

(b)“quarantine manager” means the person in charge of a quarantine centre or quarantine facility for which approval is required pursuant to Article 11 of Commission Regulation (EC) No. 318/2007; and

(c)references to sampling and the taking of samples are to the taking of samples required under Commission Regulation (EC) No. 318/2007, or which are taken for purposes of reaching a suspected or confirmed diagnosis of Chlamydophyla psittaci.]

Textual Amendments

Payment of feesS

21.  The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless they are satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.

Consignments constituting a danger to healthS

22.—(1) Subject to paragraph (2), where checks at a quarantine centre, quarantine facility or border inspection post or the test results referred to in regulation 19(7) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or their representative.

[F37(2) A veterinary inspector–

(a)shall take or require to be taken, the action required under Article 13(1) and (2) of Commission Regulation (EC) No. 318/2007 in relation to avian influenza or Newcastle disease suspected at a quarantine centre or quarantine facility where captive birds are quarantined, imposing such restrictions as are required by that Article;

(b)shall, where the Scottish Ministers grant a derogation provided for in Article 14 of Commission Regulation (EC) No. 318/2007 (relating to findings of low pathogenic avian influenza or Newcastle disease), take or require to be taken such further measures and impose such restrictions as are required by that Article;

(c)who requires action to be taken by, or imposes restrictions upon, a quarantine manager or other person under this paragraph, shall do so by serving notice specifying the action or restrictions to be taken or observed.

(3) In the event of non-compliance by a quarantine manager with Article 15 of Commission Regulation (EC) No. 318/2007 (requiring treatment of birds suspected of infection with Chlamydophyla psittaci), a veterinary inspector may treat the captive birds concerned, or cause them to be treated, as required by that Article, and shall serve notice extending the period of quarantine required under Commission Regulation (EC) No. 318/2007.]

(4) A notice served under paragraphs (2) and (3) shall be served upon the quarantine manager or other person appearing to the veterinary inspector to be in charge of the centre or facility at the time of service.

(5) A copy of that notice shall be sent to the importer of the birds concerned.

Textual Amendments

Illegal consignmentsS

23.—(1) Where checks at the quarantine centre, quarantine facility or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or [F38Council Regulation (EC) No. 1/2005], in particular the requirements listed in Article 21.1 of that Regulation, a veterinary inspector shall, by notice served on the person appearing to the veterinary inspector to be in charge of those animals, require that person to–

(a)shelter, feed and water and, if necessary, treat the animals;

(b)place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Scotland; or

(c)re despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.

(2) Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or their representative.

(3) If the animals are re despatched in accordance with sub paragraph (1)(c), the official veterinarian shall cancel the veterinary certificate accompanying the rejected consignment and complete the box “details of re consignment” in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.

(4) If in the opinion of the veterinary inspector re despatch is not possible, in particular for reasons of the welfare of animals, they shall serve a notice on the person appearing to them to be in charge of the animals in accordance with the following paragraph.

(5) A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, shall either–

(a)order the slaughter of the animals for purposes other than human consumption, or

(b)order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.

(6) In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

(7) The importer or their representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.

Textual Amendments

Arrival at the place of destinationS

24.—(1) On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, shall be detained at the premises by the person having control of those premises for at least 30 days and that person shall not release them until authorised in writing by an authorised officer of the Scottish Ministers.

(2) Paragraph (1) does not apply in the case of animals being dispatched directly to a slaughterhouse.

(3) Animals of species to which paragraph (1) does not apply that are for breeding or production shall be detained at the place of destination by the person having control of those premises, and that person shall not release them unless authorised in writing by an authorised officer of the Scottish Ministers.

Post-import controlsS

25.—(1) Where a veterinary inspector knows or suspects that import conditions (including requirements for the quarantine of imported animals) have not been complied with or there is doubt as to the identity of an animal, they may carry out any veterinary checks on that animal that they deem appropriate.

(2) If the checks confirm that import conditions were not complied with, then the provisions of regulation 22 shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.

PART IVSPRE-CHECKED THIRD COUNTRY IMPORTS

Application of Part IVS

26.  This Part shall apply in respect of animals imported into Scotland and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another part of the United Kingdom or another member State.

ImportsS

27.  No person shall import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Commission Regulation (EC) No. 282/2004.

Import procedureS

28.  The provisions of regulations 7 to 9, 11 to 13, 17(2) and (3), 19(3) and (6), 20(3) to (8), 22(2) and (3), 24 and 25 of these Regulations shall apply in relation to animals to which this Part applies.

[F39PART IVASTHIRD COUNTRY EXPORTS

Textual Amendments

Application of Part IVAS

28A.  This Part shall apply in respect of any animal, semen, ovum or embryo exported other than to a member State.

Exports to third countriesS

28B.—(1) A person must not export any animal, semen, ovum or embryo to a third country unless it complies with the relevant provisions of the instrument listed in Schedule 8A.

(2) If an inspector has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation they may by notice served on that person, their representative or the person appearing to them to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such place as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal, semen, ovum or embryo to which it relates and arrange for the requirements of the notice to be complied with.]

PART VSGENERAL

Outbreaks of disease in other statesS

29.—(1) This regulation shall apply where the Scottish Ministers learn of or have reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC, or through any other means, the presence in any other state of a disease referred to in Schedule 6 (list of diseases), a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.

(2) In the circumstances described in paragraph (1) above, the Scottish Ministers may, for the purpose of preventing the introduction or spreading of disease into or within Scotland, by a declaration to be published in such manner as they think fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.

(3) Upon such declaration being made, the entry into Scotland of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it satisfies such conditions as may be specified in the declaration.

(4) A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.

Notification of decisionsS

30.  If the consignor or their representative, or the importer or their representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to them in writing by the person taking the decision, giving the reasons for the decision and the details of the right of appeal against the decision, including the relevant time limits.

Appointment of inspectorsS

31.  The Scottish Ministers or, as the case may be, the local authority shall appoint inspectors for the purposes of the enforcement of these Regulations.

Powers of inspectorsS

32.—(1) Subject to regulation 11, an inspector shall, on producing, if required to do so, some duly authenticated document showing the inspector's authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations.

(2) An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directives 90/425/EEC and 91/496/EEC, and in particular may–

(a)carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

(b)carry out checks on whether staff are complying with the requirements of the Directives or other measures listed in Part I of Schedule 3 relating to animal products;

(c)take samples (and, if necessary, send the samples for laboratory testing) from–

(i)animals held with a view to being sold, put on the market or transported;

(ii)products held with a view to being stored or sold, put on the market or transported;

(iii)animals or animal products being transported in the course of intra Community trade;

(iv)animals at a border inspection post in the case of third country imports; or

(v)animals or animal products at the place of destination in the case of an import from another member State;

(d)examine documentary or data processing material relevant to the checks carried out under these Regulations; and

(e)take with them a representative of the European Commission acting for the purposes of Council Directive 90/425/EEC or 91/496/EEC.

(3) In this regulation, “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.

[F40Entry warrantsS

32A.—(1) If a sheriff or justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any land or premises by an inspector under regulations 20(7) and 32 for any of the purposes specified in those regulations and either–

(a)that entry has been refused, or a refusal is reasonably expected, and the inspector has given notice of their intention to apply for an entry warrant to the occupier; or

(b)a request for entry, or the giving of such a notice, would defeat the object of entry, or entry is urgently required, or the land or premises are unoccupied, or the occupier is temporarily absent, and it would defeat the object of entry to await the occupier's return,

the sheriff or justice may by signed warrant, valid for one month, authorise the inspector to enter the land or premises, if need be by reasonable force.

(2) An inspector leaving any unoccupied premises which that person has entered by virtue of a warrant must leave them as effectively secured against unauthorised entry as they were found.]

Textual Amendments

Recovery of expensesS

33.—(1) The consignor, their representative and the person in charge of any animal or animal product shall be jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector under these Regulations relating to those animals or animal products.

(2) In relation to any activity undertaken by a veterinary inspector for which a charge may be made under these Regulations at the veterinary inspector rate (“a chargeable activity”)–

(a)the Scottish Ministers shall determine the veterinary inspector rate for that activity as representing the reasonable costs and expenses incurred in employing a veterinary inspector to undertake that chargeable activity during any given unit of time;

(b)the Scottish Ministers shall publish the current veterinary inspector rate on the website of the Scottish Executive M17; and

(c)time charged at the veterinary inspector rate shall be charged in units of half an hour or part thereof.

Marginal Citations

M17www.scotland.gov.uk.

ObstructionS

34.—(1) No person shall–

(a)intentionally obstruct any person acting in the execution of these Regulations;

(b)without reasonable cause, fail to give to any person acting in the execution of these Regulations and for the purposes of functions under these Regulations any assistance or information which the person acting in the execution of these Regulations may reasonably require of them; or

(c)furnish to any person acting in the execution of these Regulations any information which they know to be false or misleading.

(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate them.

Offences by bodies corporateS

35.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

(a)any director, manager, secretary or other similar officer of the body corporate; or

(b)any person who was purporting to act in any such capacity,

that person as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership shall be deemed to be guilty of that offence and be liable to be proceeded against and punished accordingly.

Offences and penaltiesS

36.—(1) A person contravening any provision of these Regulations, except those listed in paragraph (2), or any notice served under any such provision shall be guilty of an offence.

[F41(2) The provisions referred to in paragraph (1) are those contained in–

(a)regulation 5(8);

(b)paragraph 6 of Part I of Schedule 4;

(c)paragraphs 2 and 6 of Part I of Schedule 5; and

(d)paragraphs 3(7), 4(5) and 5(3) of Part II of Schedule 8.]

(3) A person guilty of an offence under regulation 34(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(4) A person guilty of any other offence under these Regulations shall be liable–

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(5) No contravention of, or failure to comply with, a provision of these Regulations by the Scottish Ministers, a local authority, a veterinary inspector or an inspector shall constitute an offence.

Textual Amendments

Disapplication of provisionsS

[F4237.  To the extent specified in column 3 of the table in Schedule 9 the provisions of the legislation listed in Schedule 9 shall not apply to–

(a)imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies; or

(b)imports of an animal to which an instrument in Schedule 7 applies from a country subject to that instrument.]

Textual Amendments

RevocationsS

38.  The Regulations set out in column 1 of Schedule 10 are revoked to the extent specified in column 3 of that Schedule.

ROSS FINNIE

A member of the Scottish Executive

St Andrew's House,

Edinburgh

Regulation 1(2)

F43SCHEDULE 1SAMENDMENTS TO COUNCIL DIRECTIVES 90/425/EEC AND 91/496/EEC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulations 1(2) and 18(1)

SCHEDULE 2SBORDER INSPECTION POSTS

1

Ungulates include registered equidae as defined in Council Directive 90/426/EEC (O.J. No. L 224, 18.8.90, p.42).

Border inspection postAnimals which may be imported
Prestwick AirportUngulates 1

Regulations 1(2), 4, 5(1), 6(1) and (2), 7(4), 8(4), 11, 13(7), 32(2)(b) and 37(3)

SCHEDULE 3SINTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL REQUIREMENTS

[F44PART 1SLegislation in relation to intra-Community trade

Textual Amendments

Bovine animals and swineS

1.  Council Directive 64/432/EEC.

Bovine semenS

2.  Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species.

Bovine embryosS

3.  Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species.

EquidaeS

4.—(1) Council Directive 90/426/EEC.

(2) Council Directive 90/427/EEC.

(3) Commission Decision 2010/346/EU on protective measures with regard to equine infectious anaemia in Romania.

Porcine SemenS

5.  Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species.

Poultry and hatching eggsS

6.  Council Directive 2009/158/EC.

[F45Animal by-productsS

7.—(1) Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation).

(2) Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.]

Textual Amendments

FishS

8.—(1) Council Directive 2006/88/EC.

(2) Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC.

(3) Commission Regulation (EC) No. 1251/2008.

Ovine and caprine animalsS

9.  Council Directive 91/68/EEC.

Other animals, semen, ova and embryosS

10.—(1) Council Directive 92/65/EEC.

(2) Commission Decision 2010/346/EU on protective measures with regard to equine infectious anaemia in Romania.

Circuses and animal actsS

11.  Commission Regulation (EC) No. 1739/2005.

PathogensS

12.  Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC.

Pure-bred animals of the bovine speciesS

13.  Council Directive 2009/157/EC on pure-bred breeding animals of the bovine species.

Breeding animals of the porcine speciesS

14.  Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species.

Pure-bred breeding sheep and goatsS

15.  Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats.

Bluetongue susceptible animalsS

16.  Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue.

Transmissible spongiform encephalopathiesS

17.  Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies.

18.  Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk.]

PART IISAdditional Requirements for the Transport of Cattle, Pigs, Sheep and Goats

1.  Any person transporting cattle, pigs, sheep or goats in intra Community trade shall do so in accordance with this Part.S

2.  That person shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall keep the register for 3 years–S

(a)places and dates of pick up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b)places and dates of delivery, and the name or business name and address of the consignee;

(c)species and number of animals carried;

(d)date and place of disinfection; and

(e)the unique identifying number of accompanying health certificates.

3.  They shall ensure that the means of transport is constructed in such a way that the animal faeces, litter or feed cannot leak or fall out of the vehicle.S

4.  They shall have cleansing and disinfection facilities for the vehicles which are approved for the purpose by the Scottish Ministers under this paragraph (and which must include facilities for storing litter and faeces) or they shall provide documentary evidence to the Scottish Ministers that the cleansing and disinfection operations are carried out by a third party approved by the Scottish Ministers.S

5.  They shall give a written undertaking to the Scottish Ministers stating that–S

(a)all measures have been taken to ensure compliance with–

(i)in the case of cattle or pigs, Council Directive 64/432/EEC, and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(ii)in the case of sheep or goats, Council Directive 91/68/EEC, and in particular the provisions laid down in Article 8(c) of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(b)the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

PART IIISAdditional Requirements for Dealers in Cattle, Pigs, Sheep and Goats

1.  Every dealer in cattle, pigs, sheep or goats engaging in intra Community trade shall comply with the provisions of this Part.S

2.  The dealer shall–S

(a)be approved by the Scottish Ministers under this paragraph; and

(b)be registered with, and have a registration number issued by the Scottish Ministers,

and the Scottish Ministers shall only issue an approval if they are satisfied that the dealer will comply with the provisions of this Part.

3.  The dealer shall ensure that the dealer only imports or exports animals that are identified and meet the requirements of Community law for intra Community trade and, in the case of cattle, come from herds that are officially free of tuberculosis, brucellosis and leukosis, or are slaughter animals meeting the requirements of Article 6.3 or, if slaughter animals under a disease control programme, Article 13.1(a), of Council Directive 64/432/EEC.S

4.  The dealer shall keep a record for all cattle, pigs, sheep and goats which the dealer imports or exports, either on the basis of identification numbers or marks on the animals, and keep the record for 3 years, of–S

(a)the name and address of the seller;

(b)the origin of the animals;

(c)the date of purchase;

(d)the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats;

(e)the registration number of the holding of origin or the herd of origin of pigs;

(f)the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable);

(g)the registration number of the transporter or the licence number of the lorry delivering and collecting animals;

(h)the name and address of the buyer and the destination of the animals; and

(i)copies of route plans and numbers of health certificates.

5.  In the case of a dealer who keeps animals on their premises, they shall ensure that–S

(a)specific training in the care and welfare of animals is given to the staff in charge of the animals; and

(b)all necessary steps are taken to prevent the spread of disease.

6.—(1) The dealer shall only use premises approved for the purpose by the Scottish Ministers under this paragraph.S

(2) The Scottish Ministers shall issue an approval number for premises approved under this paragraph.

(3) The Scottish Ministers shall only issue an approval under this paragraph if they are satisfied that the premises comply with, in the case of a dealer in cattle or pigs, Article 13.2 of Council Directive 64/432/EEC or, in the case of a dealer in sheep and goats, Article 8b(2), of Council Directive 91/68/EEC.

Regulation 5(5)

SCHEDULE 4STHE POULTRY HEALTH SCHEME

PART ISMembership

1.  Any reference to “the Directive” in this Part of this Schedule is a reference to [F46Council Directive 2009/158/EC].S

Textual Amendments

2.  An application for an establishment to become a member of the Poultry Health Scheme (“the scheme” in this Schedule) must be accompanied by the registration fee, the details of which are set out in Part II of this Schedule.S

3.  The Scottish Ministers shall grant membership of the scheme to an establishment if–S

(a)they are satisfied, following an inspection by a veterinary inspector who is a member of the State Veterinary Service, that–

(i)the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and

(ii)the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and

(b)the operator of the establishment, having been notified that the Scottish Ministers are satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.

4.  The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to the operator of an establishment as being requirements that the inspector considers are necessary to avoid the spreading of contagious disease through intra Community trade, taking into account the particular circumstances at that establishment.S

5.  On receipt of the first annual membership fee, the Scottish Ministers shall issue the establishment's membership certificate, which shall include the establishment's membership number.S

6.  The operator of an establishment which is a member of the scheme shall pay the annual membership fee each year, and shall pay any re inspection fee, the details of which are set out in Part IV of this Schedule, when it becomes due.S

7.  In order to ensure that establishments and operators of those establishments continue to meet the requirements of the scheme, and generally to ensure compliance with the Directive–S

(a)a veterinary inspector shall carry out an annual inspection of the establishment; and

(b)a veterinary inspector shall carry out any additional inspections (insofar as not provided for under paragraph 9) which the Scottish Ministers consider necessary.

8.  The operator of an establishment shall notify the Scottish Ministers if ownership or control of the establishment changes.S

9.—(1) Without prejudice to any action which may be taken under paragraph 10, where at the annual inspection of an establishment, the establishment or the operator of that establishment do not appear to the Scottish Ministers to meet the requirements for membership of the scheme or of the Directive a veterinary inspector who is a member of the State Veterinary Service shall carry out such additional inspections (“re inspections”) as the Scottish Ministers consider necessary to ensure compliance with those requirements.S

(2) If a re inspection is carried out–

(a)a fee shall be charged for each re inspection; and

(b)such a fee shall become due upon receipt of an invoice for that fee by the operator of that establishment.

10.  The Scottish Ministers–S

(a)shall suspend, revoke or restore membership of the scheme in accordance with Chapter IV of Annex II to the Directive (references to “withdrawal” in that Chapter shall be read as references to “revocation” for the purposes of this paragraph); and

(b)may suspend or revoke membership of the scheme if–

(i)an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;

(ii)the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;

(iii)ownership or control of an establishment changes; or

(iv)the operator has not paid the annual membership fee or if a re inspection fee remains unpaid for 30 days or more after becoming due.

PART IISRegistration Fee

11.  The Scottish Ministers shall–S

(a)determine the registration fee on the basis of available information as to the cost attributable to each application of the items listed in paragraph 13; and

(b)publish the current registration fee on the website of the Scottish Executive M18.

Marginal Citations

M18www.scotland.gov.uk.

12.  The registration fee shall be payable to the Scottish Ministers in respect of each establishment for which an application is made and shall be non refundable.S

13.  The items referred to in paragraph 11(a) are–S

(a)the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of–

(i)any person involved directly in processing applications for membership of the scheme;

(ii)any person engaged in managing the processing of such applications; and

(iii)any veterinary inspector who is a member of the State Veterinary Service who carries out an inspection at an applicant establishment;

(b)recruiting and training the staff referred to in sub paragraph (a);

(c)travel and related incidental expenses incurred in processing applications for membership of the scheme (including inspecting establishments), except where incurred by a person attending his normal place of work;

(d)office accommodation, equipment and services for the staff referred to in sub paragraph (a), including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e)provision of protective clothing and equipment used in inspecting establishments, and laundering, cleansing or disinfecting that protective clothing;

(f)provision of payroll and personnel services in connection with the employment of the staff referred to in sub paragraph (a); and

(g)any other incidental expenses incurred in connection with the processing of applications for membership of the scheme.

PART IIISAnnual Membership Fee

14.  There shall be two rates for the annual membership fee; a higher rate which includes the cost of an annual inspection by a veterinary inspector who is a member of the State Veterinary Service, and a lower rate which does not include the cost of such an inspection.S

15.  The lower rate shall be payable–S

(a)the first time the annual membership fee is paid (the cost of the first annual inspection having been included in the registration fee); and

(b)in subsequent years where the operator of the establishment has elected for the inspection to be carried out by a veterinary inspector who is not a member of the State Veterinary Service (in which case the cost of the inspection is payable directly to the veterinary inspector by the operator).

16.  The Scottish Ministers shall–S

(a)determine the two rates of the annual membership fee on the basis of available information as to the cost attributable to each establishment of the items listed in paragraph 18; and

(b)publish the current rates of the annual membership fee on the website of the Scottish Executive.

17.  The annual membership fee shall be payable to the Scottish Ministers in respect of each establishment and shall be non refundable.S

18.  The items referred to in paragraph 16(a) are–S

(a)salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of–

(i)any person directly involved in the administration of the scheme (including corresponding with and responding to queries from members, producing guidance, and arranging inspections of establishments);

(ii)any person engaged in managing the administration of the scheme; and

(iii)any veterinary inspector who is a member of the State Veterinary Service who carries out the annual inspection of an establishment or additional inspections;

(b)recruiting and training the staff referred to in sub paragraph (a);

(c)travel and related incidental expenses incurred in the administration of the scheme (including inspections of establishments), except where incurred by a person attending his normal place of work;

(d)office accommodation, equipment and services for staff referred to in sub paragraph (a), including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e)provision of protective clothing and equipment, where applicable, used in carrying out inspections of establishments, and laundering, cleansing or disinfecting such protective clothing;

(f)provision of payroll and personnel services in connection with the employment of staff referred to in sub paragraph (a); and

(g)any other incidental expenses incurred in connection with the administration of the scheme.

19.  The items listed in paragraph 18 shall not include any expense which relates to the administration of, travel to and from, and attendance at the inspections insofar as that expense is recoverable under paragraph 9 of Part I of this Schedule.S

PART IVSRe-Inspection Fee

20.  The re inspection fee provided for under paragraph 9 of Part I of this Schedule shall be composed of–S

(a)a charge for the veterinary inspector's time spent at the establishment carrying out the re inspection, the rate for which charge shall be £45 per hour or part thereof; and

(b)a charge for mileage, that is for each mile travelled by the veterinary inspector between his ordinary place of work and the establishment in order to carry out the re inspection, the rate of which charge shall be 33 pence per mile.

21.  The Scottish Ministers may, using such criteria as they consider appropriate in all these circumstances, reduce the charge for mileage under paragraph 20(b) in respect of any particular re inspection in order to avoid an over recovery of mileage costs incurred for a journey in the course of which other official activity is undertaken in addition to that re inspection.S

Regulation 10

SCHEDULE 5SAPPROVAL OF LABORATORIES UNDER THE POULTRY HEALTH SCHEME

PART ISApproval

1.  The Scottish Ministers may approve any laboratory that they consider to be suitable for the purpose of carrying out Mycoplasma and Salmonella testing under the Poultry Health Scheme and may charge a fee for the provision of samples for quality assurance testing for the purposes of assessing an application for such an approval.S

2.  The operator of a laboratory approved under paragraph 1 shall, by such date specified by the Scottish Ministers, pay the annual approval fee determined under Part II of this Schedule.S

3.  For the purpose of deciding whether to grant, revoke or suspend an approval under paragraph 1, the Scottish Ministers may require the laboratory to undergo such inspections and quality assurance testing as they consider necessary.S

4.  In so far as such costs have not been taken into account in determining the annual approval fee, the Scottish Ministers may make a charge, at the veterinary inspector rate, for carrying out inspections at laboratories.S

5.  The Scottish Ministers may, by notice in writing to the operator, revoke or suspend an approval under paragraph 1, where–S

(a)the annual approval fee remains unpaid for 30 days or more after becoming due;

(b)it appears to them that inspection or testing of the laboratory for the purpose of this Schedule has been obstructed by the operator or any staff of the operator of the laboratory; or

(c)following any inspection or testing, the Scottish Ministers consider that the laboratory is no longer suitable for the purpose of carrying out the purpose specified.

[F476.  A fee charged under paragraphs 1, 2 or 4 shall be paid by the operator of the laboratory and is due upon written demand.]S

Textual Amendments

PART IISAnnual Approval Fee

1.  The Scottish Ministers–S

(a)shall determine the annual approval fee on the basis of available information as to the cost attributable to each laboratory of the items listed in paragraph 3 of this Part;

(b)may determine different annual approval fees depending on whether the approval relates to–

(i)bacteriological testing for Mycoplasma only;

(ii)serological testing for Mycoplasma only;

(iii)bacteriological testing for salmonella only;

(iv)serological testing for salmonella only; or

(v)a combination of (i) to (iv); and

(c)shall publish the current annual approval fee on the website of the Scottish Executive.

2.  The annual approval fee shall be payable to the Scottish Ministers in respect of each approved laboratory and shall be non refundable.S

3.  The items referred to in paragraph 1(a) of this Part are–S

(a)the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of–

(i)any person directly involved in the administration of the approval of laboratories;

(ii)any person engaged in the management or administration of this work; and

(iii)any person who carries out inspections of laboratories;

(b)recruiting and training the staff referred to in sub-paragraph (a);

(c)travel and related incidental expenses incurred in the administration of the approval of laboratories (including carrying out inspections), except where incurred by a person attending his normal place of work;

(d)office accommodation, equipment and services for staff involved in the administration of approval of laboratories, including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e)provision of protective clothing and equipment used in carrying out inspections of laboratories, and laundering, cleansing or disinfecting such protective clothing;

(f)provision of quality assurance testing samples, assessment of the results and provision of advice about the results;

(g)provision of payroll and personnel services in connection with the employment of staff involved in the administration of approval of laboratories; and

(h)any other incidental expenses incurred in connection with the administration of the approval of laboratories.

Regulation 14(1) and 29(1)

SCHEDULE 6SLIST OF DISEASES

Foot-and-mouth disease

Classical swine fever

African swine fever

Swine vesicular disease

Newcastle disease

Rinderpest

Peste des petits ruminants

Vesicular stomatitis

Bluetongue

African horse sickness

Equine encephalomyelitis (of all types, including Venezuelan equine encephalomyelitis)

Teschen disease

Avian influenza

Sheep and goat pox

Lumpy skin disease

Rift valley fever

Contagious bovine pleuropneumonia

Bovine spongiform encephalopathy

Infectious haematopoietic necrosis

Viral haemorrhagic septicaemia

Dourine

Equine infectious anaemia

Glanders

Infectious Salmon anaemia

Small hive beetle (Aethina tumida)

Tropilaelaps mite

Regulations 1(2), 17(2) and (3),19(2) and 37(b)

[F48SCHEDULE 7SCOMMUNITY LEGISLATION IN RELATION TO IMPORTS FROM THIRD COUNTRIES

Textual Amendments

PART ISInstruments specifying third countries and territories in third countries from which Member States may authorise certain imports

Cloven-hoofed animals, elephants and zoo ungulatesS

1.  Commission Regulation (EU) No. 206/2010.

PoultryS

2.  Commission Regulation (EC) No. 798/2008.

Captive birdsS

3.  Commission Regulation (EC) No. 318/2007.

Finfish and shellfishS

4.—(1) Commission Regulation (EC) No. 1251/2008.

(2) Commission Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted.

BeesS

5.  Commission Regulation (EU) No. 206/2010.

EquidaeS

6.—(1) Commission Decision 2004/211/EC.

(2) Commission Decision 2010/57/EU laying down health guarantees for the transit of equidae being transported through the territories listed in Annex 1 to Council Directive 97/78/EC.

Cats, dogs and ferretsS

7.—(1) Commission Decision 2005/64/EC.

(2) Commission Regulation (EU) No. 388/2010.

PART IISDetailed provisions

Cloven-hoofed animals and elephantsS

1.  Commission Regulation (EU) No. 206/2010.

Zoo ungulatesS

2.  Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 74/462/EEC.

General provisions for equidaeS

3.—(1) Council Directive 90/426/EEC.

(2) Commission Decision 2004/211/EC.

(3) Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae.

Temporary admission of registered horsesS

4.  Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses.

Registered horses for racing, etc, upon re-entryS

5.  Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export.

Equidae for slaughterS

6.  Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter.

Registered equidae and equidae for breeding and productionS

7.  Commission Decision 93/197/EEC on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production.

PoultryS

8.—(1) Council Directive 2009/158/EC.

(2) Commission Regulation (EC) No. 798/2008.

Other specified animals, semen, ova and embryosS

9.  Council Directive 92/65/EEC.

Captive birdsS

10.  Commission Regulation (EC) No. 318/2007.

Cats, dogs and ferretsS

11.—(1) Commission Decision 2005/64/EC.

(2) Commission Regulation (EU) No. 388/2010.

Live animals from New ZealandS

12.  Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand.

Zootechnical conditionsS

13.  Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species.

Finfish and shellfish from third countriesS

14.  Commission Regulation (EC) No. 1251/2008.

BeesS

15.  Commission Regulation (EU) No. 206/2010.

Transmissible spongiform encephalopathiesS

16.  Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies.

17.  Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk.]

Regulation 20

[F49SCHEDULE 8SQuarantine of Captive Birds

Textual Amendments

PART ISApprovals

1.  The Scottish Ministers may, if they are satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of a quarantine centre or a quarantine facility for which the quarantine manager has charge and which at least meets the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007.S

2.  The Scottish Ministers shall give reasons in writing–S

(a)for refusing to grant an approval provided for in this Schedule; and

(b)for attaching conditions to an approval.

3.  Notice of a revocation or suspension of an approval shall–S

(a)state–

(i)the reasons for the revocation or suspension; and

(ii)the time and date when it is to take effect;

(b)be served upon the quarantine manager–

(i)in person;

(ii)by leaving it at the quarantine centre or quarantine facility concerned; or

(iii)by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned; and

(c)be copied to the importer and if the importer is not the owner of the birds concerned, so far as is practicable, to the owner [F50of the] birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

Textual Amendments

4.  Where an approval is revoked or is to be revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would in the opinion of a veterinary inspector cause a significant public or animal health risk, the veterinary inspector may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served and copied to any importer and owner concerned as if it were a notice to which paragraph [F513(b) and (c) ] applied.S

Textual Amendments

PART IISCharges in relation to approvals of avian quarantine centres and facilities, official supervision, sampling and laboratory testing

General charging provisionsS

1.  Using such criteria they consider appropriate in all the circumstances to avoid an over-recovery of costs for which a charge is made under this Schedule, the Scottish Ministers may make a reduced charge, if during a veterinary inspector's attendance at a quarantine centre or quarantine facility the veterinary inspector undertakes official activity for which a charge may be made to another party under this Schedule.

2.  A demand for payment of charges made under this Schedule may be addressed to the importer or quarantine manager concerned, as appropriate, at the importer or quarantine managers' last known address, whether or not it is the address for business.S

Charges relating to approvalsS

3.—(1) The Scottish Ministers may make a charge in connection with the granting, suspension, amendment or revocation of an approval under regulation 20 and this Schedule in accordance with this paragraph.

(2) A fee (“the approval administration fee”) may be charged in relation to the receipt and processing of an application for–

(a)an approval;

(b)the lifting of the suspension of an approval; or

(c)the lifting of or amendment of conditions attached to an approval.

(3) The Scottish Ministers shall from time to time determine the fee for each type of application described in sub-paragraph (2) and shall publish the current fee on the website of the Scottish Executive .

(4) The approval administration fee for any type of application shall represent costs and expenses which the Scottish Ministers reasonably consider attributable to the receipt and processing of an application of that type.

(5) The veterinary inspector rate may be charged for time spent by a veterinary inspector inspecting premises to assess compliance with the minimum approval conditions.

(6) The Scottish Ministers may make a charge at no more than the veterinary inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises for purposes of inspecting them to assess compliance with the minimum approval conditions.

(7) Charges and fees under this paragraph shall be paid by the quarantine manager and shall be due upon written demand.

(8) In this paragraph–

(a)“approval” means an approval as provided for in regulation 20 and this Schedule; and

(b)“minimum approval conditions” means the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007.

Charges for official veterinary supervision and samplingS

4.—(1) The Scottish Ministers shall make a charge at the veterinary inspector rate for time spent by a veterinary inspector at a quarantine centre or quarantine facility in relation to any consignment of captive birds placed in quarantine pursuant to regulation 20–

(a)carrying out official veterinary supervision; or

(b)taking samples.

(2) The Scottish Ministers may make a charge at no more than the [F52veterinary] inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises to carry out official veterinary supervision or take samples.

(3) The Scottish Ministers may make a charge for the administrative costs of official supervision and the taking of samples (“the consignment administration fee”).

(4) The Scottish Ministers shall–

(a)from time to time determine the consignment administration fee in relation to consignments of different types and sizes as representing the costs and expenses which the Scottish Ministers reasonably consider attributable to the administration of official supervision and the taking of samples in relation to a type or size of consignment, including the recovery of costs provided for under this Part; and

(b)publish the current fee on the website of the Scottish Executive.

(5) Charges under this paragraph shall be paid by the importer and shall be due upon written demand.

Textual Amendments

Charges for testing of samples by the official laboratoryS

5.—(1) The Scottish Ministers may make a charge for the testing of samples.

(2) The Scottish Ministers shall–

(a)from time to time determine the fee for each type of test as representing the costs and expenses which the Scottish Ministers reasonably consider attributable to the undertaking by the official laboratory of a test of that type; and

(b)publish the current fee on the website of the Scottish Executive.

(3) Charges under this paragraph shall be paid by the importer and shall be due upon written demand.

(4) In this paragraph “testing of samples” means testing and analysis of samples carried out by the official laboratory pursuant to Articles 12 to 15 of and Annex VI to Commission Regulation (EC) No. 318/2007, and includes the removal of tissue post mortem.]

[F53SCHEDULE 8ASCOMMUNITY LEGISLATION IN RELATION TO EXPORTS TO THIRD COUNTRIES

Textual Amendments

Bluetongue susceptible animalsS

1.  Instrument: Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (O.J. No. L 283, 27.10.2007, p.37 and O.J. No. L 327, 22.12.2000, p.74 respectively), as amended by, and as read with–S

Commission Regulation (EC) No. 289/2008 (O.J. No. L 89, 1.4.2008, p.3).

Relevant provisions in that instrument: Articles 7(1), 7(2), 7(4), 8(1), 8(3), 8(4)(a) and (b), 8(6) and 9, and Annex III.]

Regulation 37(3)

SCHEDULE 9SLEGISLATION WHICH DOES NOT APPLY

TitleReferenceExtent
The Diseases of Fish Act 19371937 c. 33Section 1
The Hares (Control of Importation) Order 1965S.I. 1965/2040The whole Order.
The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 as amended by the Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994S.I. 1974/2211 as amended by S.I. 1994/1716The Order shall continue to apply to all carnivores, primates and bats. It shall continue to apply to the importation of all other animals unless such animals are imported by way of trade and can be shown to have been born on the holding of origin and kept in captivity since birth.
The Importation of Animals Order 1977S.I. 1977/944Articles 3, 4(7), 4(8), 5(1) to (3), 7(1), 8 to 14, 16, 17, 18(1)(b), 18(3), 19 to 21, 23, 24 and 25(2) except that article 3 shall continue to apply to ruminating animals and swine other than animals which are the subject of Council Directives 64/432/EEC.
The Importation of Birds, Poultry and Hatching Eggs Order 1979S I. 1979/1702

[F54Articles 4 to 7, 9(3) to (6), 10 to 12 except that article 4 shall continue to apply to all birds (including domestic fowl) and their hatching eggs other than–

(a)

those subject to the provisions of [F55Council Directive 2009/158/EC] (excluding domestic fowl),

(b)

those birds and their hatching eggs traded within the Community which are subject to the provisions of Council Directive 92/65, and

(c)

captive birds whose import is provided for in Article 4 of Commission Regulation (EC) No. 318/2007.]

The Importation of Embryos, Ova and Semen Order 1980 as amended by the Importation of Embryos, Ova and Semen (Amendment) Order 1984S.I. 1980/12 as amended by S.I. 1984/1326

The whole Order except that article 4 shall continue to apply to embryos, ova and semen (as defined in that Order) other than–

(a)

bovine semen which is the subject of Council Directive 88/407/EEC,

(b)

bovine embryos which are the subject of Council Directive 89/556/EEC,

(c)

porcine semen which is the subject of Council Directive 90/429/EEC,

(d)

equine ova and embryos which are the subject of Commission Decision 95/294/EC,

(e)

equine semen which is the subject of Commission Decision 95/307/EC,

(f)

ovine and caprine semen, ova and embryos which are the subject of Commission Decision 95/388/EC, and

(g)

porcine ova and embryos which are the subject of Commission Decision 95/483/EC.

The Diseases of Fish Regulations 1984S.I. 1984/455Regulations 2 and 5.
The Importation of Bovine Semen Regulations 1984S.I. 1984/1325The whole instrument.
The Shellfish and Specified Fish (Third Country Imports) Order 1992S.I. 1992/3301The Order shall continue to apply to third country imports of shellfish or specified fish other than Crassostrea gigas for relaying in Community waters which are the subject of Commission Decision 95/352/EC.

Textual Amendments

Regulation 38

SCHEDULE 10SREVOCATIONS

Regulations revokedReferenceExtent
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000;S.S.I. 2000/216.The Whole Order.
The Export of Pigs, Porcine Material and Bovine Animals (Scotland) Regulations 2000;S.S.I. 2000/300.Regulation 3.
The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2002;S.S.I. 2002/125.The Whole Order.
The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2002;S.S.I. 2002/196.The Whole Order.
The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2005;S.S.I. 2005/278.The Whole Order.
The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2005; andS.S.I. 2005/502.The Whole Order.
The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2006.S.S.I. 2006/335.The Whole Order.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with changes the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 (S.S.I. 2000/216 as amended by S.S.I. 2000/300, 2002/125, 2002/196, 2005/278, 2005/502 and 2006/335) (“the 2000 Regulations”).

They implement Council Directive 90/425/EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market) (O.J. No. L224, 18.8.90, p.29) and Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) (O.J. No. L268, 24.9.91, p.56).

They continue to include the following provisions–

Intra-Community tradeS

The Regulations make it an offence to export, import or transport for intra-Community trade any animal or animal product to which Directive 90/425/EEC applies except in accordance with regulations 5, 6 and 7. Part I of Schedule 3 lists individual instruments governing trade of specific types, identifying relevant provisions and specifying any additional requirements which must be complied with pursuant to regulations 5 and 6. Specific provision is made in relation to the transport of cattle, pigs, sheep and goats (regulation 7 and Part II of Schedule 3).

A statutory basis is provided for the Poultry Health Scheme, which is a means of approving and monitoring poultry establishments engaging in intra-Community trade of poultry and hatching eggs (regulation 5(5) and Schedule 4). The approval and monitoring of such establishments is a requirement of Council Directive 90/539/EEC. Regulation 5(5) prohibits exports unless the relevant commodities originate from an establishment which is a member of the Poultry Health Scheme and conform to the requirements of Directive 90/539/EEC. Schedule 4 makes provision for the operation of the Poultry Scheme including setting out how the fees for membership and registration are calculated and providing for re-inspection fees. It also provides for powers for suspension or revocation of membership under specified circumstances.

Provision is also made for arrangements for the approval of laboratories to undertake Mycoplasma and Salmonella testing under the Poultry Health Scheme including provision for the annual approval fee (regulation 10 and Schedule 5).

The Regulations set out the procedures and requirements for the registration of dealers in animals and animal products (regulation 8) and the approval of centres and teams engaging in intra-Community trade in animals and animal products (regulation 9). The Regulations also place duties on consignees of animals and animal products (regulation 12), and provide for the approval of assembly centres (regulation 13). They specify the procedure to be followed in the case of illegal consignments (regulation 14).

Imports from third countriesS

These Regulations prohibit the importation of any animal from a third country unless the conditions of Council Directive 91/496/EEC and the relevant provisions of the EU Instruments, together with any additional requirements, listed in Part II of Schedule 7 are complied with (regulation 17). Regulation 17, with Part I of Schedule 7 prescribe the third countries from which animals may be imported. Regulation 18, with Schedule 2, specify the places at which animals may be imported through Border Inspection Posts. The procedure for importation is provided for in regulation 19, and the payment of fees in connection with that importation in regulation 21. Procedures to be followed where a consignment constitutes a danger to health or is otherwise illegal are set out in regulations 22 and 23. Regulation 24 requires that, at the place of destination, certain animals (elephants and other Artiodactyla) may not be released until authorised by an authorised officer of the Scottish Ministers. Post-import controls are provided for in regulation 25.

Provision is made for the arrangements for quarantine of captive birds imported from third countries as required by Commission Decision 2000/666/EC (O.J. No. L 278, 31.10.00, p.26) (regulation 20 and Schedule 8). Specific requirements are imposed upon quarantine managers as to the running of quarantine centres and facilities. General prohibitions are applied to any persons in respect of entry into a quarantine facility or centre and removal of birds and carcases from quarantine without the authorisation of a veterinary inspector. In addition, inspectors have been given powers of entry, inspection and sampling in relation to the quarantine of captive birds. The Veterinary Laboratories Agency is designated as the official laboratory for the purposes of the Decision and there is provision for charges for laboratory testing carried out in connection with it (regulation 20 and Schedule 8). Pursuant to EU obligations such imports are currently not permitted (regulation 16(4).

Part 4 makes provision for imports from third countries which undergo the requisite veterinary border checks on arrival at another member State.

General provisionsS

The Regulations also give powers to the Scottish Ministers to take action in the event of an outbreak of disease in another state (regulation 29) and make provision for the notification of decisions (regulation 30), the appointment of inspectors (regulation 31) and their powers (regulation 32). There is also provision for the recovery of expenses (regulation 33). Obstruction of any person acting in the execution of the Regulations is made an offence (regulation 34), and it is an offence under regulation 36 to contravene the Regulations (excepting certain fees provisions). Penalties are provided for (regulation 36). Disapplication of other legislation relating to the import of animals continues to be provided for (regulation 37, with Schedule 9). Regulation 37 contains transitional provisions (with Part IV of Schedule 8). The revocation of the 2000 Regulations, and relevant amending Regulations, is provided for at regulation 38.

Principal changes made by these RegulationsS

Schedule 1 has been revised and updated to make reference to Community instruments which amend Council Directive 90/425/EEC and Council Directive 91/496/EEC and have recently come into force.

Schedules 3 and 7 (Schedule 5 to the 2000 Regulations) have also been revised and updated to implement recent obligations. Changes have been made to paragraphs 1 to 15 of Part I of Schedule 3 and paragraph 16 has been removed. The “additional requirement” (d) in paragraph 1, now specifically identifies special conditions on exports of cattle to Germany, Denmark, Italy, Austria, Finland and Sweden.

New paragraphs have been added to Part I of Schedule 7 in relation to the countries from which imports are permitted of bees, captive birds, and cats, dogs and ferrets going to approved bodies, institutes or centres. The list in that Part for cloven hoofed animals, elephants and zoo ungulates has also been described more completely and it and the list for finfish have both been updated.

In Part II of Schedule 7, new paragraphs list instruments covering trade in bees, captive birds and cats, dogs and ferrets going to approved bodies, institutes or centres. Reference to Council Directive 72/462/EEC has been removed, as it has been repealed, and paragraph 2 further implements Council Directive 2004/68/EC, in relation to zoo ungulates.

Provision is now made for laboratories to be approved for testing of Salmonella in addition to Mycoplasma under the Poultry Health Scheme and fees may be charged for quality assurance testing for such an approval and for carrying out inspections of laboratories (Schedule 5).

Provision is also made for fees to be charged in respect of approvals of quarantine centres or facilities for the quarantine of captive birds (regulation 20 and Schedule 8).

No regulatory impact assessment has been produced for these Regulations.

Yn ôl i’r brig

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