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

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 INTRA-COMMUNITY TRADE: LEGISLATION AND ADDITIONAL REQUIREMENTS

PART I Legislation in Relation to Intra-Community Trade

Bovine animals and swine

1.  Council Directive 64/432/EEC on health problems affecting intra Community trade in bovine animals and swine as replaced by the Annex to Council Directive 97/12/EC (O.J. No. L 109, 25.4.97, p.1), and as subsequently amended by–

• Council Directive 98/46/EC (O.J. No. L 198, 15.7.98, p.22);

• Council Directive 98/99/EC (O.J. No. L 358, 31.12.98, p.107);

• Commission Decision 98/621/EC (O.J. No. L 296, 5.11.98, p.15);

• Directive 2000/15/EC of the European Parliament and of the Council (O.J. No. L 105, 3.5.2000, p.34);

• Directive 2000/20/EC of the European Parliament and of the Council (O.J. No. L 163, 4.7.2000, p.35);

• Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

• Commission Regulation (EC) No 535/2002 (O.J. No. L 80, 23.3.2002, p.22);

• Commission Regulation (EC) No 1226/2002 (O.J. L 179, 9.7.2002, p.13);

• Council Regulation (EC) No. 21/2004 (O.J. No. L 5, 9.1.2004, p.8);

• Commission Decision 2004/226/EC (O.J. No. L 68, 6.3.2004, p.36); and

• the European International Instruments.

• Relevant provisions in that instrument: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports) and 12(3).

• Additional requirements:

  (a)

  The official health certificate accompanying all cattle imported into Scotland from Spain must contain the statement: “Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro pneumonia”.

  (b)

  The official health certificate accompanying all cattle imported into Scotland from Portugal must contain the statement “Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro pneumonia”.

  (c)

  The official health certificate accompanying all swine imported into Scotland from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those parts of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: “Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky’s disease”.

  (d)

  Exports of cattle from Scotland to the countries listed in Annexes I and II of Commission Decision 2004/558/EC (O.J. No. L 249, 23.7.2004, p.20)–

  (i)

  must meet the additional guarantees laid down in Article 2(1), Article 2(2)(b)(i) or Article 2(2)(c) (for exports to Germany), and (for exports to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy) in Article 3(1) of that Decision; and

  (ii)

  in relation to the certification accompanying such exports–

  (aa)

  for bovine animals exported to Germany, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent the additional guarantees of Article 2 which are met by the cattle must be specified as follows: “Article 2(1), [or] Article 2(2)(b)(i) [or] Article 2(2)(c) [as the case may be] of Commission Decision 2004/558/EC”; and

  (bb)

  for bovine animals exported to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, “IBR” must be entered, and after the second indent “Article 3 of Commission Decision 2004/558/EC” must be entered.

  (e)

  In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (O.J. No. L 178, 17.7.2003, p.28), the importation into Scotland from the Italian region of Sardinia of animals of the suidae family is prohibited.

  (f)

  The official health certificate accompanying swine imported into Scotland from Italy must contain the statement “Animals in accordance with Commission Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy”.

Bovine semen

2.  Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra Community trade in and imports of semen of domestic animals of the bovine species (O.J. No. L 194, 22.7.88, p.10), as amended by, and as read with–

• Council Directive 90/120/EEC (O.J. No. L 71, 17.3.90, p.37);

• Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

• Council Directive 93/60/EEC (O.J. No. L 186, 28.7.93, p.28);

• Council Directive 2003/43/EC (O.J. No. L 143, 11.6.2003, p.23);

• Commission Decision 2004/101/EC (O.J. No. L 30, 4.2.2004, p.15);

• Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 3 and 6.

Bovine embryos

3.  Instrument: Council Directive 89/556/EEC on animal health conditions concerning intra Community trade in and importation from third countries of embryos of domestic animals of the bovine species (O.J. No. L 302, 19.10.89, p.1), as amended by, and as read with–

• Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

• Council Directive 93/52/EEC (O.J. No. L 175, 19.7.93, p. 21);

• Commission Decision 94/113/EC (O.J. No. L 53, 24.2.94, p.23);

• Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 3 and 6.

Equidae

4.  Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L 224, 18.8.90, p.42), as amended by, and as read with–

• Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

• Council Directive 90/427/EEC (O.J. No. L 224, 18.08.90, p.55);

• Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

• Council Directive 92/36/EEC (O.J. No. L 157, 10.6.92, p.28);

• Commission Decision 92/130/EEC (O.J. No. L 47, 22.2.92, p.26);

• Commission Decision 93/623/EEC (O.J. No. L 298, 3.12.93, p.45) as amended by Commission Decision 2000/68/EC (O.J. No. L 23, 28.1.2000, p.72);

• Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

• Commission Decision 2002/160/EC (O.J. No. L 053, 23.2.2002, p.37); and

• the European international instruments.

• Relevant provisions in that instrument, subject to and as read with the following Notes: Articles 4, 5, 7(1), and 8.

• Notes:

  (a)

  The requirements of Articles 4(1), 4(2) and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of registered horses or equidae for breeding and production accompanied by an identification document provided for in Council Directive 90/427/EEC.

  (b)

  For the avoidance of doubt, the derogation permitted under Article 7(2) shall not apply in relation to equidae brought into Scotland.

Porcine Semen

5.  Instrument: 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 (O.J. No. L 224, 18.8.90, p.62) and Commission Decision 99/608/EC (O.J. No. L 242, 14.9.99, p.20), as amended by, and as read with–

• Commission Decision 99/608/EC (O.J. No. L 242, 14.9.1999, p.20);

• Commission Decision 2000/39/EC (O.J. No. L 13, 19.1.2000, p.21);

• Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 3, 4(1), 4(2) and 6(1).

• Additional requirements:

• The official health certification accompanying all porcine semen imported into Scotland from any other member State must state that the semen was collected from boars “on a collection centre which only contains animals that have not been vaccinated against Aujeszky’s disease and which have reacted negatively to the serum neutralisation test or to the ELISA test for Aujeszky’s disease, in accordance with the provisions of Council Directive 90/429/EEC” and paragraph 13(b)(ii) of the model health certificate provided in Annex D of Council Directive 90/429/EEC must be deleted in all cases.

Poultry and hatching eggs

6.  Instrument: Council Directive 90/539/EEC on animal health conditions governing intra Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L 303, 31.10.90, p.6), as amended by, and as read with–

• Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

• Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

• Council Directive 92/65/EEC (O.J. No. L 268, 14.9.92, p.54);

• Commission Decision 92/340/EEC (O.J. No. L 188, 8.7.92, p.34);

• Commission Decision 92/369/EEC (O.J. No. L 195, 14.7.92, p.25);

• Council Directive 93/120/EEC (O.J. No. L 340, 31.12.93, p.35);

• Council Decision 95/410/EC (O.J. No. L 243, 11.10.95, p.25) as amended by Council Decision 98/227/EC (O.J. No. L 87, 21.3.98, p.14);

• Commission Decision 97/278/EC (O.J. No. L 110, 26.4.97, p.77);

• Council Directive 99/90/EC (O.J. No. L 300, 23.11.1999, p.19);

• Commission Decision 2000/505/EC (O.J. No. L 201, 9.8.2000, p.8);

• Commission Decision 2001/867/EC (O.J. No. L 323, 7.12.2001, p.29);

• Commission Decision 2003/644/EC (O.J. No. L 228, 12.9.2003, p.29);

• Commission Decision 2004/235/EC (O.J. No. L 72, 11.3.2004, p.86); and

• the European International instruments.

• Relevant provisions in that instrument: Articles 6 to 11, 12(1), and 15 to 17.

• Additional requirements:

  (a)

  The official health certification accompanying breeding poultry exported from Scotland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8th September 2003.

  (b)

  The official health certification accompanying day old chicks exported from Scotland to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8th September 2003.

  (c)

  The official health certification accompanying laying hens exported from Scotland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2004/235/EC of 11th March 2004.

  (d)

  The official health certification accompanying poultry for slaughter exported from Scotland to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22nd June 1995.

  (e)

  The official health certification accompanying poultry, hatching eggs and day old chicks imported into Scotland from Italy shall include the words “The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC”.

  (f)

  In the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC which are–

  (i)

  exported from such a protection zone in Scotland to another member State, or

  (ii)

  imported from such a protection zone in another member State into Scotland

  pursuant to the derogation in Article 7 of Commission Decision 2006/115/EC, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms:

  • “This consignment complies with the animal health conditions laid down in Commission Decision 2006/115/EC.”.

Animal waste

7.  Instrument: 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 (O.J. No. L 273, 10.10.2002, p.1), as amended by, and as read with–

• Commission Regulation No. 808/2003 (O.J. No. L 117, 13.5.03, p.1);

• Commission Regulation No. 811/2003 (O.J. No. L 117, 13.5.03, p.14);

• Commission Regulation No. 813/2003 (O.J. No. L 117, 13.5.03, p.22);

• Commission Decision 2003/320/EC (O.J. No. L 117, 13.5.03, p.24);

• Commission Decision 2003/321/EC (O.J. No. L 117, 13.5.03, p.30);

• Commission Decision 2003/326/EC (O.J. No. L 117, 13.5.03, p.42);

• Commission Decision 2003/327/EC (O.J. No. L 117, 13.5.03, p.44);

• Commission Decision 2003/328/EC (O.J. No. L 117, 13.5.2003, p.46);

• Commission Decision 2003/329/EC (O.J. No. L 117, 13.5.2003, p.51);

• Commission Regulation No. 780/2004 (O.J. No. L 123, 27.4.2004, p.64);

• Commission Regulation No. 93/2005 (O.J. No. L 19, 21.1.2005, p.34)

• Commission Regulation No, 2007/2006 (O.J. No. L 379, 28.12.2006, p.98); and

• the European international instruments.

• Relevant provision in that instrument: Article 8 as read with Annex II.

Farmed fish

8.—(1) Instrument: Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (O.J. No. L 46, 19.2.91, p.1), as amended by, and as read with–

• Commission Decision 94/864/EC (O.J. No. L 352, 31.12.94, p.74);

• Commission Decision 97/804/EC (O.J. No. L 329, 29.11.97, p.70));

• Council Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.31);

• Commission Decision 98/24/EC (O.J. No. L 8, 14.1.98, p.26);

• Council Directive 98/45/EC (O.J. No. L 189, 3.7.98, p.12);

• Commission Decision 99/567/EC (O.J. No. L 216, 14.8.99, p.13);

• Commission Decision 2001/159/EC (O.J. No. L 57, 27.2.2001, p.54);

• Commission Decision 2001/183/EC (O.J. L 67 9.3.2001 p.65);

• Commission Decision 2002/300/EC (O.J. No. L 103, 19.4.2002, p.24), as amended by Commission Decision 2003/378/EC (O.J. No. L 130, 27.5.2003, p.27);

• Commission Decision 2002/308/EC (O.J. No. L 106, 23.4.2002, p.28), as amended by Commission Decision 2004/850/EC (O.J. No. L 368, 15.12.2004, p.28);

• Commission Decision 2003/390/EC (O.J. No. L 135, 3.6.2003, p.19);

• Commission Decision 2003/466/EC (O.J. No. L 156, 25.6.2003, p.61);

• Commission Decision 2003/634/EC (O.J. No. L 220, 3.9.2003, p.8), as amended by Commission Decision 2003/904/EC (O.J. No. L 340, 24.12.2003, p.69) and Commission Decision 2005/770/EC (O.J. No. L 291, 5.11.2005);

• Commission Decision 2004/453/EC (O.J. No. L 156, 30.4.2004, p.5); and

• the European international instruments.

• Relevant provisions in that instrument: in so far as they apply to live fish, eggs and gametes, Articles 3, 4, 7 to 11, and 14 and 16.

Fish other than farmed fish

(2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (O.J. No. L 268, 24.9.91, p.15), as amended by, and as read with–

• Council Directive 92/48/EEC (O.J. No. L 187, 7.7.92, p.41), laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(I) of Council Directive 91/493/EEC;

• Council Directive 95/71/EC (O.J. No. L 332, 30.12.95, p.40);

• Council Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.310); and

• the European international instruments.

• Relevant provision in that instrument: Article 4.

Live Bivalve molluscs

(3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (O.J. No. L 268, 24.9.91, p.1), as amended by, and as read with–

• Council Directive 97/61/EC (O.J. No. L 295, 29.10.97, p.35); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 3(1)(a) (i), 3(2), 4, 7, 8, and 9.

Ovine and caprine animals

9.  Instrument: Council Directive 91/68/EEC on animal health conditions governing intra Community trade in ovine and caprine animals (O.J. No. L 46, 19.2.91, p.19) as amended by, and as read with–

• Council Directive 90/425/EC (O.J. No. L 224, 18.8.90, p.29);

• Council Directive 92/102/EEC (O.J. No. L 355, 5.12.92, p.32); as amended by Council Regulation (EC) No. 21/2004 (O.J. No. L 5. 9.1.2004, p.8);

• Commission Decision 93/52/EEC (O.J. No. L 13, 21.1.93, p.14), as amended by Commission Decisions 2001/292/EC (O.J. No. L 100, 11.4.2001, p.28), 2002/482/EC (O.J. No. L 166, 25.6.2002, p.23), 2003/44/EC (O.J. No. L 013, 18.1.2003, p.23), 2003/237/EC (O.J. No. L 87, 4.4.2003, p.13), 2003/732/EC (O.J. No. L 264, 15.10.2003, p.30), 2004/199/EC (O.J. No. L 64, 2.3.2004, p.41) and 2004/320/EC (O.J. No. L 102, 7.4.2004, p.75);

• Commission Decision 94/164/EEC (O.J. No. L 74, 17.3.94, p.42);

• Commission Decision 94/953/EEC (O.J. No. L 371, 31.12.94, p.14);

• Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

• Directive 2001/10/EC of the European Parliament and of the Council (O.J. No. L 147, 31.5.2001, p.41);

• Council Directive 2003/50/EC (O.J. No. L 169, 8.7.2003, p.51);

• Commission Decision 2004/554/EC (O.J. No. L 248, 9.7.2004, p.1);

• Commission Decision 2005/932/EC (O.J. No. L 340, 23.12.2005, p.68); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 3, 4, 4a, 4b, 4c, 5, 6 and 9.

• Additional requirements:

  (a)

  Only uncastrated rams for breeding which have been tested for contagious epididimytis (Brucella ovis) in accordance with Article 6(c) of Council Directive 91/68/EEC may be imported into Scotland.

  (b)

  The official health certification accompanying all sheep and goats for fattening and breeding imported into Scotland must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.

Other animals, semen, ova and embryos

10.  Instrument: 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 Council Directive 90/425/EEC (O.J. No. L 268, 14.9.92, p.54), as amended by, and as read with–

• Commission Decision 95/176/EC (O.J. No. L 117, 24.5.95, p.23);

• Commission Decision 95/294/EC (O.J. No. L 182, 2.8.95, p.27);

• Commission Decision 95/307/EC (O.J. No. L 185, 4.8.95, p.58);

• Commission Decision 95/388/EC (O.J. No. L 234, 3.10.95, p.30), as amended by Commission Decision 2005/43/EC (O.J. No. L 20, 22.1.05, p.34);

• Commission Decision 95/483/EC (O.J. No. L 275, 18.11.95, p.30);

• Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

• Commission Regulation (EC) No. 1282/2002 (O.J. No. L 187, 16.7.2002, p.3);

• Council Regulation (EC) No. 1802/2002 (O.J. No. L 274, 11.10.2002, p.21);

• Regulation (EC) No. 998/2003 (O.J. No. L 146, 13.6.2003, p.1), as amended by Council Decision 2004/650/EC (O.J. No. L 298, 23.9.2004, p.22);

• Council Regulation (EC) No. 1398/2003 (O.J. No. L 198, 06.08.2003, p.3);

• Commission Regulation (EC) No. 592/2004 (O.J. No. L 94, 31.3.2004, p.7);

• Council Directive 2004/68/EC (O.J. No. L 139, 30.4.2004, p.321[36]);

• Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

• the European international instruments;

• Relevant provisions in that instrument: subject to the Note to this paragraph, Articles 3 to 9, 10(1) to 10(3), and 11 to 13.

• Note

• By way of derogation from the requirements of Article 5(1), the Scottish Ministers may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual.

• Additional requirements:

  (a)

  The importation into Scotland of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least one month.

  (b)

  Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions.

Pathogens

11.  Instrument: Council Directive 92/118/EEC laying down animal 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 (O.J. No. L 62, 15.3.93, p.49) as amended by, and as read with–

• Council Directive 2002/33/EC (O.J. No. L 315, 19.11.2002, p.14);

• Commission Decision 2003/721/EC (O.J. No. L 260, 11.10.2003, p.21);

• Commission Regulation (EC) No. 445/2004 (O.J. No. L 72, 11.3.2004, p.60); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 6 and 7(1).

Pure-bred animals of the bovine species

12.  Instrument: Council Directive 77/504/EEC on pure bred breeding animals of the bovine species (O.J. No. L 206, 12.8.1977, p.8), as amended by, and as read with–

• The Act concerning the conditions of accession of the Hellenic Republic to the European Communities (O.J. No. L 291, 19.11.79, p.17);

• Council Directive 79/268/EEC (O.J. No. L 62, 13.3.79, p.5);

• Council Regulation 3768/85/EEC (O.J. No. L 362, 31.12.85, p.8);

• Council Directive 85/586/EEC (O.J. No. L 372, 31.12.85, p.44);

• Commission Decision 86/404/EEC (O.J. No. L 233, 20.8.86, p.19);

• Commission Decision 88/124/EEC (O.J. No. L 62, 8.3.88, p.32);

• Council Directive 91/174/EEC (O.J. No. L 85, 5.4.91, p.37);

• Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

• Commission Decision 96/80/EC (O.J. No. L 19, 25.1.96, p.50);

• Commission Decision 96/510/EC (O.J. No. L 210, 20.8.96, p.53) (as amended by Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27);

• Commission Decision 2002/8/EC (O.J. No. L 003, 5.1.2002, p.53); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 5 and 7.

Breeding animals of the porcine species

13.  Instrument: Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (O.J. No. L 382, 31.12.1988, p.36), as amended by, and as read with–

• Commission Decision 89/503/EEC (O.J. No. L 247, 23.8.89, p.22);

• Commission Decision 89/506/EEC (O.J. No. L 247, 23.8.89, p.34);

• Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

• Commission Decision 96/510/EC (O.J. No. L 210, 20.08.96, p.53) (as amended by Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 2(2), 5, 7(2) and 9.

Pure-bred breeding sheep and goats

14.  Instrument: Council Directive 89/361/EEC concerning pure bred breeding sheep and goats (O.J. No. L 153, 6.6.1989, p.30), as amended by, and as read with–

• Commission Decision 90/258/EEC (O.J. No. L 145, 8.6.90, p.39);

• Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

• Commission Decision 96/510/EC (O.J. No. L 210, 20.08.96, p.53);

• Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 3(2) and 6.

Equidae

15.  Instrument: Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra Community trade in equidae (O.J. No. L 224, 18.8.90, p.55), as amended by, and as read with–

• Council Directive 90/426/EEC (O.J. No. L 224. 18.8.90, p.42);

• Commission Decision 92/353/EEC (O.J. No. L 192, 11.7.92, p.63);

• Commission Decision 92/354/EEC (O.J. No. L 192, 11.7.92, p.66);

• Commission Decision 93/623/EEC (O.J. No. L 298, 3.12.93, p.45) as amended by Decision 2000/68/EC (O.J. No. L 023, 28.1.2000, p.72);

• Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

• Commission Decision 96/78/EC (O.J. No. L 19, 25.1.96, p.39);

• Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53);

• Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27); and

• the European international instruments.

• Relevant provisions in that instrument: Articles 6 and 8.

Animals of species susceptible to foot-and-mouth disease

16.  Commission Decision 2001/327/EC concerning restrictions to the movement of animals of susceptible species with regard to foot-and-mouth disease and repealing Decision 2001/263/EC (O.J. No. L 115, 25.4.01, p.12), as amended by and as read with:

• Commission Decision 2001/349/EC (O.J. No. L 123, 4.5.01, p.26);

• Commission Decision 2001/378/EC (O.J. No. L 132, 15.5.01, p.31);

• Commission Decision 2001/394/EC (O.J. No. L 138, 22.5.01, p.36);

• Commission Decision 2001/416/EC (O.J. No. L 149, 2.6.01, p.40);

• Commission Decision 2001/488/EC (O.J. No. L 176, 29.6.01, p.75);

• Commission Decision 2001/709/EC (O.J. No. L 261, 29.9.01, p.69);

• Commission Decision 2001/904/EC (O.J. No. L 335, 19.12.01, p.21);

• Commission Decision 2002/153/EC (O.J. No. L 50, 21.2.02, p.98); and

• Commission Decision 2002/242/EC (O.J. No. L 82, 26.3.02, p.18).

• Relevant provisions: Article 2a.

PART II 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.

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–

(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.

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.

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

(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 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.

2.  The dealer shall–

(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.

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–

(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–

(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.

(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.