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

Regulation 1(2)

F1 SCHEDULE 1 S AMENDMENTS TO COUNCIL DIRECTIVES 90/425/EEC AND 91/496/EEC

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

Textual Amendments

F1 Sch. 1 omitted (26.6.2009) by virtue of The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/227), regs. 1(1), 2(6)

Regulations 1(2) and 18(1)

SCHEDULE 2 S BORDER 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 post	Animals which may be imported
Prestwick Airport	Ungulates 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 3 S INTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL REQUIREMENTS

[F2 PART 1 S Legislation in relation to intra-Community trade

Textual Amendments

F2 Sch. 3 Pt. I substituted (4.11.2010) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/343), regs. 1, 2(4), 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 requirements 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.

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

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 2009/158/EC.

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.

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

Ovine and caprine animals S

9.   Council Directive 91/68/EEC.

Other animals, semen, ova and embryos S

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 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 2009/157/EC 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.

Transmissible spongiform encephalopathies S

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 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.

Regulation 5(5)

SCHEDULE 4 S THE POULTRY HEALTH SCHEME

PART I S Membership

1.  Any reference to “the Directive” in this Part of this Schedule is a reference to [F3 Council Directive 2009/158/EC]. S

Textual Amendments

F3 Words in Sch. 4 para. 1 substituted (4.11.2010) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/343), regs. 1, 2(3)(c)

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 II S Registration 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 M1 .

Marginal Citations

M1 www.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 III S Annual 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 IV S Re-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 5 S APPROVAL OF LABORATORIES UNDER THE POULTRY HEALTH SCHEME

PART I S Approval

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.

[F4 6.   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

F4 Sch. 5 para. 6 added (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 13

PART II S Annual 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 6 S LIST 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)

[F5 SCHEDULE 7 S COMMUNITY LEGISLATION IN RELATION TO IMPORTS FROM THIRD COUNTRIES

Textual Amendments

F5 Sch. 7 substituted (4.11.2010) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/343), regs. 1, 2(5), Sch. 2

PART I S Instruments specifying third countries and territories in third countries from which Member States may authorise certain imports

Cloven-hoofed animals, elephants and zoo ungulates S

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

Poultry S

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

Captive birds S

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

Finfish and shellfish S

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.

Bees S

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

Equidae S

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 ferrets S

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

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

PART II S Detailed provisions

Cloven-hoofed animals and elephants S

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

Zoo ungulates S

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 equidae S

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 horses S

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-entry S

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 slaughter S

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 production S

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

Poultry S

8.— (1) Council Directive 2009/158/EC.

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

Other specified animals, semen, ova and embryos S

9.   Council Directive 92/65/EEC.

Captive birds S

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

Cats, dogs and ferrets S

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

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

Live animals from New Zealand S

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

Zootechnical conditions S

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 countries S

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

Bees S

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

Transmissible spongiform encephalopathies S

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

[F6 SCHEDULE 8 S Quarantine of Captive Birds

Textual Amendments

F6 Sch. 8 substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 15, sch.

PART I S Approvals

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 [F7 of the] birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

Textual Amendments

F7 Words in Sch. 8 para. 3(c) inserted (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(9)

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 [F8 3(b) and (c) ] applied. S

Textual Amendments

F8 Words in Sch. 8 Pt. 1 para. 4 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(10)

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

General charging provisions S

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 approvals S

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 sampling S

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 [F9 veterinary] 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

F9 Words in Sch. 8 Pt. 2 para. 4 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(11)

Charges for testing of samples by the official laboratory S

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.]

[F10 SCHEDULE 8A S COMMUNITY LEGISLATION IN RELATION TO EXPORTS TO THIRD COUNTRIES

Textual Amendments

F10 Sch. 8A 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(8)

Bluetongue susceptible animals S

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 9 S LEGISLATION WHICH DOES NOT APPLY

Title	Reference	Extent
The Diseases of Fish Act 1937	1937 c. 33	Section 1
The Hares (Control of Importation) Order 1965	S.I. 1965/2040	The 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 1994	S.I. 1974/2211 as amended by S.I. 1994/1716	The 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 1977	S.I. 1977/944	Articles 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 1979	S I. 1979/1702	[F11 Articles 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 [F12 Council 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 1984	S.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 1984	S.I. 1984/455	Regulations 2 and 5.
The Importation of Bovine Semen Regulations 1984	S.I. 1984/1325	The whole instrument.
The Shellfish and Specified Fish (Third Country Imports) Order 1992	S.I. 1992/3301	The 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

F11 Words in Sch. 9 substituted (28.9.2007) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/375), regs. 1, 16

F12 Words in Sch. 9 substituted (4.11.2010) by The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/343), regs. 1, 2(3)(d)

Regulation 38

SCHEDULE 10 S REVOCATIONS

Regulations revoked	Reference	Extent
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; and	S.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.