The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 (revoked) No. 194

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

SCHEDULE 3 S INTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL REQUIREMENTS

[F1 PART I S Legislation in relation to intra-Community trade

Textual Amendments

F1 Sch. 3 Pt. I substituted (26.6.2009) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/227), regs. 1(1), 2(7), sch. 1

Bovine animals and swine S

1.   Council Directive 64/432/EEC.

Bovine semen S

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

Bovine embryos S

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.

Equidae S

4.— (1) Council Directive 90/426/EEC.

(2) Council Directive 90/427/EEC.

Porcine Semen S

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 eggs S

6.   Council Directive 90/539/EEC.

Animal waste S

7.   Commission Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption.

Fish S

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.

Ovine and caprine animals S

9.   Council Directive 91/68/EEC.

Other animals, semen, ova and embryos S

10.   Council Directive 92/65/EEC.

Circuses and animal acts S

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

Pathogens S

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 species S

13.   Council Directive 77/504/EEC on pure bred breeding animals of the bovine species.

Breeding animals of the porcine species S

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

Pure-bred breeding sheep and goats S

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

Bluetongue susceptible animals S

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.]

PART II S Additional 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 III S Additional 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.