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

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 trade

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 countries

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 provisions

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 Regulations

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.