(This note is not part of the Regulations)
These Regulations amend the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 (S.S.I. 2007/194) (“the principal Regulations”).
They apply and enforce Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States (O.J. No. L 279, 22.10.2005, p.47). Regulation 5 of the principal Regulations (Exports) is amended to make provision for the Scottish Ministers' designation as competent authority for the purpose of Commission Regulation (EC) No. 1739/2005, and for fees to be charged for expenses incurred in registering circuses and animal acts as required under that Commission Regulation (regulation 4). Commission Regulation (EC) No. 1739/2005 is also added to the list of instruments imposing conditions on the movement of animals within the Community in Part I of Schedule 3 (Intra Community Trade: Legislation and Additional Requirements) to the principal Regulations (regulation 12).
These Regulations also apply and enforce Commission Regulation (EC) No. 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (O.J. No. L 84, 24.3.2007, p.7). Regulation 17(4) of the principal Regulations (Importation) is amended to prohibit the import of captive birds unless they are from an approved breeding establishment within the meaning of Commission Regulation (EC) No. 318/2007 (regulation 5). Regulation 20 of the principal Regulations (Quarantine of captive birds) is substituted to reflect the new requirements for quarantine (regulation 7). Measures to deal with the presence or the suspicion of avian influenza, Newcastle disease, and Chlamydophyla psittaci are provided for by amendment to regulation 22 of the principal Regulations (Consignments constituting a danger to health) (regulation 8). The import conditions in relation to captive birds set out in Commission Regulation (EC) No. 318/2007 are applied by introduction of additional paragraphs in Parts I and II of Schedule 7 (Community Legislation in relation to Third Countries) (regulation 14). Schedule 8 (Quarantine of Captive Birds) is replaced with new provisions relating to approvals of quarantine centres and facilities, and fees, including new fees for such approvals (regulation 15).
Regulation 9 of these Regulations makes provision for entry warrants to be sought by inspectors.
A Regulatory Impact Assessment has not been prepared for these Regulations.