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- Point in Time (26/06/2009)
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Version Superseded: 01/07/2012
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Scottish Statutory Instruments
AGRICULTURE
Made
3rd June 2009
Laid before the Scottish Parliament
4th June 2009
Coming into force
26th June 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1 and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the said Act and it appears to the Scottish Ministers that it is expedient for the references to Community instruments set out in Schedule 1 to the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 M2 to be construed as references to those instruments as amended from time to time.
Marginal Citations
M11972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8, paragraph 15(3), and the Legislative and Regulatory Reform Act 2006 (c. 51) (“the 2006 Act”), section 27(1). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act. The functions conferred upon a Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
M2S.S.I. 2007/1 as amended by S.S.I. 2007/304.
1.—(1) These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009 and come into force on 26th June 2009.
(2) In these Regulations “the 2007 Regulations” means the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2007.
2.—(1) The 2007 Regulations are amended as follows.
(2) In regulation 4 (exemption for authorised products and personal imports) for paragraphs (7) and (8) substitute–
“(7) Part 3, with the exception of regulation 25, and Parts 4 to 9 do not apply to products of animal origin specified in Article 2 of Commission Regulation (EC) No. 206/2009 on the introduction into the Community of personal consignments of products of animal origin and amending Regulation (EC) No. 136/2004 M3.”.
(3) For Schedule 1 (import conditions) substitute the Schedule set out in the Schedule to these Regulations.
Marginal Citations
M3O.J. No. L 77, 24.3.2009, p.1.
3. The Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2006 M4 are revoked.
Marginal Citations
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew's House,
Edinburgh
3rd June 2009
Regulation 2(3)
Regulations 2(1), 4(7), 21(10), 36(2) and 37(1) and (6)
1. Council Regulation (EEC) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin M5.
2. Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC M6.
3. Commission Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC M7.
4. Commission Decision 2005/34/EC laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries M8.
5. Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs M9.
6. Council Regulation (EC) No. 733/2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station M10.
7. Commission Regulation (EC) No. 1609/2000 establishing a list of products excluded from the application of Council Regulation (EEC) No. 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station M11.
8. 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 M12.
9. Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk M13.
10. Commission Decision 2007/240/EC laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC and 2006/168/EC M14.
11. Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand M15.
12. Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption M16.
13. Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M17.
14. Council Regulation (EC) No. 183/2005 laying down requirements for feed hygiene M18.
15. Regulation (EC) No. 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC M19.
16. Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M20.
17. Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption M21.
18. Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M22.
19. Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs M23.
20. Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M24.
21. Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat M25.
22. Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M26.
1. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat M27.
2. Commission Decision 81/91/EEC on the list of establishments in the Argentine Republic approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community M28.
3. Commission Decision 83/384/EEC on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community M29.
4. Commission Decision 83/243/EEC on the list of establishments in the Republic of Botswana approved for the purposes of importing fresh meat into the Community M30.
5. Commission Decision 81/713/EEC on the list of establishments in the Federative Republic of Brazil approved for the purpose of importing fresh beef and veal and meat of domestic solipeds into the Community M31.
6. Commission Decision 87/124/EEC on the list of establishments in Chile approved for the purpose of importing fresh meat into the Community M32.
7. Commission Decision 93/26/EEC on the list of establishments in the Republic of Croatia approved for the purpose of importing fresh meat into the Community M33.
8. Commission Decision 2002/987/EC on the list of establishments in the Falkland Islands approved for the purpose of importing fresh meat into the Community M34.
9. Commission Decision 85/539/EEC on the list of establishments in Greenland approved for the purpose of importing fresh meat into the Community M35.
10. Commission Decision 84/24/EEC on the list of establishments in Iceland approved for the purposes of importing fresh meat into the Community M36.
11. Commission Decision 95/45/EC on the list of establishments in the former Yugoslav Republic of Macedonia approved for the purpose of importing fresh meat into the Community M37.
12. Commission Decision 90/165/EEC on the list of establishments in Madagascar approved for the purpose of importing fresh meat into the Community M38.
13. Commission Decision 87/424/EEC on the list of establishments in the United Mexican States approved for the purpose of importing fresh meat into the Community M39.
14. Commission Decision 86/65/EEC on the list of establishments in Morocco approved for the purpose of importing fresh meat into the Community M40.
15. Commission Decision 90/432/EEC on the list of establishments in Namibia approved for the purpose of importing fresh meat into the Community M41.
16. Commission Decision 2004/628/EC on the list of establishments in New Caledonia from which Member States may authorise importation of fresh meat into the Community M42.
17. Commission Decision 83/402/EEC on the list of establishments in New Zealand approved for the purposes of importing fresh meat into the Community M43.
18. Commission Decision 83/423/EEC on the list of establishments in the Republic of Paraguay approved for the purpose of importing fresh meat into the Community M44.
19. Commission Decision 82/913/EEC establishing the list of establishments in the Republic of South Africa approved for the purpose of importing fresh meat into the Community M45.
20. Commission Decision 82/814/EEC on the list of establishments in the Kingdom of Swaziland approved for the purpose of importing fresh meat into the Community M46.
21. Commission Decision 82/734/EEC on the list of establishments in the Swiss Confederation approved for the purposes of exporting fresh meat to the Community M47.
22. Commission Decision 87/257/EEC on the list of establishments in the United States of America approved for the purpose of importing fresh meat into the Community M48.
23. Commission Decision 81/92/EEC on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community M49.
24. Commission Decision 98/8/EC on the list of establishments in the Federal Republic of Yugoslavia approved for the purpose of importing fresh meat into the Community M50.
25. Commission Decision 85/473/EEC supplementing, by the addition of Zimbabwe, the list of third countries from which Member States authorise imports of bovine animals, swine and fresh meat M51.
26. Commission Decision 2005/290/EC on simplified certificates for the importation of bovine semen and fresh pig meat from Canada and amending Decision 2004/639/EC M52.
1. Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC M53.
2. Commission Decision 86/414/EEC on the list of establishments in Argentina approved for the purpose of importing meat products into the Community M54.
3. Commission Decision 94/465/EC on the list of establishments in Botswana approved for the purpose of importing meat products into the Community M55.
4. Commission Decision 87/119/EC on the list of establishments in Brazil approved for the purpose of importing meat products into the Community M56.
5. Commission Decision 95/427/EC on the list of establishments in the Republic of Namibia approved for the purpose of importing meat products into the Community M57.
6. Commission Decision 86/473/EEC on the list of establishments in Uruguay approved for the purpose of importing meat products into the Community M58.
7. Commission Decision 94/40/EC on the list of establishments in Zimbabwe approved for the purpose of importing meat products into the Community M59.
8. Commission Decision 97/365/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of products prepared from meat of bovine animals, swine, equidae and sheep and goats M60.
9. Commission Decision 97/569/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of meat products M61.
1. Commission Decision 2004/438/EC laying down animal and public health and veterinary certifications conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption M62.
2. Commission Decision 97/252/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of milk and milk products for human consumption M63.
1. Commission Regulation (EC) No. 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements M64.
2. Commission Decision 97/4/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of fresh poultrymeat M65.
1. Commission Decision 2000/585/EC drawing up a list of third countries from which Member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports M66.
2. Commission Decision 97/468/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of wild game meat M67.
1. Commission Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries M68.
2. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification for importation into the Community of certain live animals and their fresh meat M69.
3. Commission Decision 1999/710/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of minced meat and meat preparations M70.
1. 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 (1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC M71.
2. Commission Regulation (EC) No. 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements M72.
3. Commission Decision 2003/812/EC drawing up lists of third countries from which Member States are to authorise imports of certain products for human consumption subject to Council Directive 92/118/EEC M73.
4. Commission Decision 97/467/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of rabbit meat and farmed game meat M74.
5. Commission Decision 99/120/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of animal casings, stomachs and bladders M75.
6. Commission Decision 2001/396/EC amending Decision 97/467/EC drawing up provisional lists of third country establishments from which Member States authorise imports of rabbit meat and farmed game meat, with respect to imports of ratite meat M76.
7. Commission Decision 2001/556/EC drawing up provisional lists of third country establishments from which Member States authorise imports of gelatine intended for human consumption M77.
8. Commission Regulation (EC) No. 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements M78.
9. Commission Decision 2000/585/EC drawing up a list of third countries from which Member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports M79.
10. Commission Decision 2003/779/EC laying down animal health requirements and the veterinary certification for the import of animal casings from third countries M80.
11. Commission Decision 2003/863/EC on health certificates for the importation of animal products from the United States of America M81.
12. Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M82.
13. Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption M83.
14. Commission Regulation (EC) No. 878/2004 laying down transitional measures for certain animal by-products classified as Category 1 and 2 materials, in accordance with Regulation (EC) No. 1774/2002 of the European Parliament and of the Council M84.
15. Commission Decision 2004/407/EC on transitional sanitary and certification rules under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine M85.
16. Commission Regulation (EC) No. 2007/2006 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain intermediate products derived from Category 3 material intended for technical uses in medical devices, in vitro diagnostics and laboratory reagents and amending that Regulation M86.
17. Regulation (EC) No. 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur M87.
18. Commission Regulation (EC) No. 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries M88.
19. Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC M89.
1. 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 M90.
2. 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 M91.
3. Commission Decision 2008/155/EC establishing a list of embryo collection and production teams in third countries approved for imports of bovine embryos into the Community M92.
4. Commission Decision 2004/639/EC laying down the importation conditions of semen of domestic animals of the bovine species M93.
5. Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos and repealing Decision 2005/217/EC M94.
6. 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 M95.
7. Commission Decision 2002/613/EC laying down the importation conditions of semen of domestic animals of the porcine species M96.
8. Commission Decision 2008/636/EC establishing the list of third countries from which Member States authorise imports of ova and embryos of the porcine species M97.
9. 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 Annex A (I) to Directive 90/425/EEC M98.
10. Commission Decision 2008/635/EC on imports of semen, ova and embryos of the ovine and caprine species into the Community as regards lists of third countries and of semen collection centres and embryo collection teams, and certification requirements M99.
11. 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 Annex A (I) to Directive 90/425/EEC.
12. Commission Decision 96/539/EC on animal health requirements and veterinary certification for imports into the Community of semen of the equine species M100.
13. Commission Decision 96/540/EC on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species M101.
14. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC M102.
15. Commission Decision 2004/616/EC establishing the list of approved semen collection centres for imports of equine semen from third countries M103.
16. Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals M104.
1. Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals.
2. Commission Regulation (EC) No. 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species M105.
3. Commission Decision 2004/453/EC implementing Council Directive 91/67/EC as regards measures against certain diseases in aquaculture animals M106.
4. Commission Regulation (EC) No. 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.
5. Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M107.
6. Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M108.
7. 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 M109.
8. Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America M110.
1. All references to Community instruments in this Schedule are references to those instruments as amended from time to time.”.
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(This note is not part of the Regulations)
These Regulations replace Schedule 1 to the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 (S.S.I. 2007/1) (“the Principal Regulations”).
They also revoke the Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/419).
New Schedule 1 (import conditions) to the Principal Regulations as inserted by these Regulations is a rolling consolidation of that Schedule, listing both the Community instruments in that Schedule when the Principal Regulations were made and relevant Community instruments adopted since then. The new Schedule provides updated references to the Community instruments that set out the requirements to be enforced under the Principal Regulations when the products of animal origin in question are imported or exported from or to third (non-EU) countries.
The references to Community instruments contained within the new Schedule are to be construed as references to the text of those instruments as amended from time to time. ‘As amended’ versions of the Community instruments can be found at any time on the Eur Lex website (http://eur-lex.europa.eu/en/index.htm).
No regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.
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