The Bovine Semen (Scotland) Regulations 2007

Regulations 7 and 22

SCHEDULE 8SMovement of bovine animals for semen collection

This schedule has no associated Executive Note

PART 1SBovine animals that may move to [F1a licensed] or domestic collection centre or to unlicensed premises

[F21.(1)] The bovine animals have–

(a)completed 28 days' quarantine in–

(i)[F1a licensed] quarantine centre; or

(ii)a quarantine centre approved in accordance with paragraph 1(a) of Chapter 1 of Annex B to the Directive by the competent authority of [F3a] member State or part of the United Kingdom,

where only other cloven hoofed animals having at least the same health status were present; or

(b)undergone the tests referred to in Part 2 of Schedule 3 during the previous 12 months and have been kept in–

(i)[F4a] [F5licensed] collection centre; or

(ii)a semen collection centre authorised under the Directive in accordance with paragraph 5 of Chapter 1 of Annex B to the Directive, in the case of movement of a bovine animal kept in a semen collection centre authorised under the Directive in another member State or part of the United Kingdom.

[F6(2) For the purposes of sub-paragraph (1)—

(a)paragraph 1(a) of Chapter 1 of Annex B to the Directive is to be read as if—

(i)the reference to “competent authority” includes the authority of another part of the United Kingdom which approves accommodation for the purpose of that period of quarantine, in accordance with legislation in force in that part of the United Kingdom;

(ii)the reference to “Member State” includes the United Kingdom or part of the United Kingdom,

(b)paragraph 5 of Chapter 1 of Annex B to the Directive is to be read as if the reference to “Member States” includes the United Kingdom or part of the United Kingdom.]

PART 2SBovine animals that may move to a domestic collection centre or to unlicensed premises

1.[F7(1)] The bovine animals belonged to a herd–S

(a)officially tuberculosis free in accordance with [F8the text before paragraph 1, paragraph 1 and paragraph 2 of Annex A.1 to] Directive 64/432/EEC and the herd must not contain any bovine animals that have suffered a positive reaction, or given an inconclusive result, to a tuberculin skin test carried out in accordance with [F9Annex B to] Directive 64/432/EEC; and

(b)officially brucellosis free in accordance with [F10the text before paragraph 1, paragraph 1 and paragraph 2 of Annex A.2 to] Directive 64/432/EEC.

[F11(2) For the purposes of paragraph (1)—

(a)the text before paragraph 1, paragraph 1 and paragraph 2 of Annex A.1 to Directive 64/432/EEC are to be read as if—

(i)the references to “competent authority” and “competent authority of a Member State” include

(aa)in relation to Scotland, the Scottish Ministers,

( bb)in relation to another part of the United Kingdom, an equivalent authority under legislation in force in that part of the United Kingdom;

(ii)the reference to “on its own territory” includes territory in the United Kingdom,

(iii)the reference to “in a Member State” were omitted,

(iv)the references to “the Member State or part of the Member State” and “the Member State or a part thereof” include the United Kingdom or part of the United Kingdom,

(b)the text before paragraph 1, paragraph 1 and paragraph 2 of Annex A.2 to Directive 64/432/EEC are to be read as if—

(i)the references to “competent authority” and “competent authority of a Member State” include

(aa)in relation to Scotland, the Scottish Ministers,

( bb)in relation to another part of the United Kingdom, an equivalent authority under legislation in force in that part of the United Kingdom;

(ii)the reference to “the Member State or part of the Member state” includes the United Kingdom or part of the United Kingdom,

(iii)the references to “Member States, or regions of Member States” and “that Member State or region” include the United Kingdom or region of the United Kingdom,

(c)Annex B to Directive 64/432/EEC is to be read as if—

(i)the reference to “Officially tuberculosis-free herd status may be suspended” includes the herd no longer being considered to be free from tuberculosis under the [F12Tuberculosis (Scotland) Order 2023] (or legislation having equivalent effect in another part of the United Kingdom),

(ii)the references to “intra-Community trade” include trade between the United Kingdom and a member State,

(iii)the reference to “Community legislation” includes these Regulations and legislation having equivalent effect in another part of the United Kingdom,

(iv)the reference to “in a region, Member States” includes—

(aa)in Scotland, the Scottish Ministers,

( bb)in another part of the United Kingdom, an equivalent authority under legislation in force in that part of the United Kingdom;

(v)the reference to “The State institutes, national reference laboratories or official institutes designated in accordance with Article 6a” includes—

(aa)in relation to Scotland, a laboratory approved by the Scottish Ministers,

( bb)in relation to another part of the United Kingdom, a laboratory approved by an authority under legislation in force in that part of the United Kingdom,

for co-ordinating the standards and methods of diagnosis referred to;

(vi)the reference to “in their respective Member States” includes in respective parts of the United Kingdom.]

2.[F13(1)] The bovine animals have been subjected to the following tests within the 28 days preceding the date of admission to a domestic collection centre or to unlicensed premises, with negative results–S

(a)for bovine tuberculosis, an intradermal tuberculin test carried out in accordance with the procedure laid down in Annex B to Directive 64/432/EEC;

(b)for bovine brucellosis, a serological test carried out in accordance with the procedure described in Annex C to Directive 64/432/EEC; and

(c)for enzootic bovine leukosis, a serological test carried out in accordance with the procedure laid down in Annex D (Chapter II) to Directive 64/432/EEC.

[F14(2) For the purposes of sub-paragraph (1)(a), Annex B to Directive 64/432/EEC is to be read as if—

(a)the reference to “Officially tuberculosis-free herd status may be suspended” includes the herd no longer being considered to be free from tuberculosis under the [F15Tuberculosis (Scotland) Order 2023] (or legislation having equivalent effect in another part of the United Kingdom),

(b)the references to “intra-Community trade” include trade between the United Kingdom and a member State,

(c)the reference to “Community legislation” includes these Regulations and legislation having equivalent effect in another part of the United Kingdom,

(d)the reference to “in a region, Member States” includes—

(i)in Scotland, the Scottish Ministers,

(ii)in another part of the United Kingdom, an equivalent authority under legislation in force in that part of the United Kingdom;

(e)the reference to “The State institutes, national reference laboratories or official institutes designated in accordance with Article 6a” includes—

(i)in relation to Scotland, a laboratory approved by the Scottish Ministers,

(ii)in relation to another part of the United Kingdom, a laboratory approved by an authority under legislation in force in that part of the United Kingdom,

for co-ordinating the standards and methods of diagnosis referred to;

(f)the reference to “in their respective Member States” includes in respective parts of the United Kingdom.

(3) For the purposes of sub-paragraph (1)(b), Annex C to Directive 64/432/EEC is to be read as if—

(a)the references to “each Member State” and “the Member State” include the United Kingdom,

(b)the references to “certification” include a “certificate” as defined in these Regulations or an equivalent certificate published by an authority in another part of the United Kingdom under legislation in force there;

(c)the references to “intra-Community trade” include trade between the United Kingdom and a member State,

(d)the reference to “officially brucellosis-free or brucellosis-free bovine herds” includes bovine herds which do not include bovine animals subject to measures imposed by a veterinary inspector under the Brucellosis (Scotland) Order 2009 (or legislation having equivalent effect in another part of the United Kingdom),

(e)the reference to “National reference laboratories designated in accordance with Article 6a” includes—

(i)in relation to Scotland, a laboratory approved by the Scottish Ministers,

(ii)in relation to another part of the United Kingdom, a laboratory approved by an authority under legislation in force in that part of the United Kingdom,

for co-ordinating the standards and methods of diagnosis referred to.

(4) For the purposes of sub-paragraph (1)(c), Annex D (Chapter II) to Directive 64/432/EEC is to be read as if the references to “The State institutes, national reference laboratories or official institutes designated in accordance with Article 6a” include—

(a)in relation to Scotland, a laboratory approved by the Scottish Ministers,

(b)in relation to another part of the United Kingdom, a laboratory approved by an authority under legislation in force in that part of the United Kingdom,

for co-ordinating the standards and methods of diagnosis referred to.]

3.  As an alternative to paragraphs 1 and 2, the bovine animals have been kept at a domestic collection centre and have undergone the tests referred to in paragraph 2 during the previous 12 months with negative results.S