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

Citation, commencement, interpretation and extent S

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 “bluetongue susceptible animal” means any ruminating animal]

“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 ...

“Commission Decision 2006/115/EC” means Commission Decision 2006/115/EC concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC, 2006/90/EC, 2006/91/EC, 2006/94/EC, 2006/104/EC and 2006/105/EC M1 as amended by Commission Decision 2006/277/EC M2 ;

“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 ;

“Commission Regulation (EC) No. 1/2005” means Commission 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 M4 ;

[F4 “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;]

“Council Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra Community trade in bovine animals and swine M5 as amended by and as read with the instruments listed in paragraph 1 of Part I of Schedule 3;

“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 M6 as amended by and as read with the instruments listed in paragraph 1 of Schedule 1;

“Council Directive 90/427/EEC” means Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra Community trade in equidae M7 ), as amended by and as read with the instruments listed in paragraph 15 of Part I of Schedule 3;

“Council Directive 90/539/EEC” means Council Directive 90/539/EEC on animal health conditions governing intra Community trade in, and imports from third countries of, poultry and hatching eggs M8 , as amended by and as read with, in relation to intra Community trade the instruments listed in paragraph 6 of Part I of Schedule 3 and in relation to imports from third countries, the instruments listed in paragraph 4 of Part II of Schedule 7;

“Council Directive 91/67/EEC” means Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products M9 , as amended by and as read with the instruments listed in paragraph 8(1) of Part I of Schedule 3;

“Council Directive 91/68” means Council Directive 91/68/EEC on animal health conditions governing intra Community trade in ovine and caprine animals M10 as amended by and as read with the instruments listed in paragraph 9 of Part I of Schedule 3;

“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 M11 , as amended by and as read with the instruments listed in paragraph 2 of Schedule 1;

“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 M12 , as amended by and as read with, in relation to intra Community trade, the instruments listed in paragraph 10 of Part I of Schedule 3, and in relation to imports from third countries, the instruments listed in paragraph 5 of Part II of Schedule 7;

“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;

“European international instruments” means–

(a)

the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland M13 ;

(b)

the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation M14 ;

(c)

the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded M15 ; and

(d)

the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded M16 ;

“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 M17 ;

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

[F5 “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;]

[F6 “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 M18 , as amended by Commission Regulation (EC) No. 2054/2004 M19 ;

“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 M20 ;

“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 M21 .

(6) These Regulations extend to Scotland only.

Textual Amendments

F1 Words in reg. 1(2) inserted (9.5.2008) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/155), regs. 1, 2(2)

F2 Words in reg. 1(2) substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 3(a)

F3 Words in reg. 1(2) omitted (28.9.2007) by virtue of The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 3(b)

F4 Words in reg. 1(2) inserted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 3(c)

F5 Words in reg. 1(2) substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 3(d)

F6 Words in reg. 1(2) substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 3(e)

Marginal Citations

M1 O.J. No. L 48, 18.2.2006, p. 48.

M2 O.J. No. L 103, 12.4.2006, p. 29.

M3 O.J. L 49, 19.2.2004, p.11.

M4 O.J. L 3, 5.1.2005, p. 1.

M5 O.J. No. P 121, 29.7.64, p.1977.

M6 O.J. No. L 224, 18.8.90, p.29.

M7 O.J. No. L 224, 1.8.90, p.55.

M8 O.J. No. L 303, 30.10.90, p.6.

M9 O.J. No. L 46, 19.2.91, p.1.

M10 O.J. No. L 46, 19.2.91, p.19.

M11 O.J. No. L 268, 24.9.91, p.56.

M12 O.J. No. L 268, 14.9.92, p.54.

M13 O.J. No. L 73, Special Edition, 27.3.72.

M14 O.J. No. L 1, 3.1.94, p.1.

M15 O.J. No. C241, 29.8.94, p.21, as amended by O.J. No. L 12, 1.1.95, p.1.

M16 O.J. No. L 236, 23.9.03, p.33.

M17 1994 c. 39.

M18 O.J. No. L 146, 13.6.2003, p.1.

M19 O.J. No. L 355, 01.12.2004, p.14.

M20 O.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.

M21 2000 c. 7; the definition, in section 15(1), was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).