2023 No. 391

Animals
Poultry

The Importation of Animals and Related Products (Miscellaneous Amendment and Revocation) (Scotland) Order 2023

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1, 10(1) and (2), 29, 87(2) and 88(2) of the Animal Health Act 19811 and all other powers enabling them to do so.

Citation, Commencement and Extent1

1

This Order may be cited as the Importation of Animals and Related Products (Miscellaneous Amendment and Revocation) (Scotland) Order 2023 and comes into force on 1 January 2024.

2

This Order extends to Scotland only.

Amendment of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 19742

1

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 19742 is amended as follows.

2

In article 4(2) (prohibition on landing of animals in Great Britain) after sub-paragraph (d) insert—

e

a dog, cat or ferret which is subject to the Trade in Animals and Related Products (Scotland) Regulations 20123 and complies with the trade requirements.

Amendment of the Importation of Animals Order 19773

1

The Importation of Animals Order 19774 is amended as follows.

2

In article 3 (prohibition on landing of imported animals in Great Britain otherwise than under licence) after paragraph (1) insert—

1A

Paragraph (1) does not apply to the landing of imported animals to which Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements5 applies.

Amendment of the Importation of Birds, Poultry and Hatching Eggs Order 19794

1

The Importation of Birds, Poultry and Hatching Eggs Order 19796 is amended as follows.

2

In article 4 (prohibition of landing of poultry and eggs) after paragraph (1) insert—

1A

Paragraph (1) does not apply to the landing of any poultry or eggs to which either of the following instruments apply—

a

Commission Regulation (EC) No 798/2008 of 8 August 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 requirements7, or

b

Commission Implementing Regulation (EU) No 139/2013 of 7 January 2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof8.

Amendment of the Importation of Embryos, Ova and Semen Order 19805

1

The Importation of Embryos, Ova and Semen Order 19809 is amended as follows.

2

In article 4 (prohibition of landing of embryos, ova or semen)—

a

in paragraph (1) for “paragraph” substitute “paragraphs (1A) or”, and

b

after paragraph (1) insert—

1A

Paragraph (1) does not apply to the landing of any embryos, ova or semen to which any of the following instruments apply—

a

Commission Decision of 4 January 2006 establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos10,

b

Commission Decision of 22 July 2008 establishing the list of third countries from which Member States authorise imports of ova and embryos of the porcine species11,

c

Commission Decision of 26 August 2010 on imports of semen, ova and embryos of animals of the ovine and caprine species into the Union12,

d

Commission Implementing Decision of 20 September 2011 on imports into the Union of semen of domestic animals of the bovine species13,

e

Commission Implementing Decision of 1 March 2012 on imports into the Union of semen of domestic animals of the porcine species14, or

f

Commission Implementing Regulation (EU) 2018/659 of 12 April 2018 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae15.

Amendment of the Importation of Animal Products and Poultry Products Order 19806

1

The Importation of Animal Products and Poultry Products Order 198016 is amended as follows.

2

At the end of article 1A (scope) insert “or to any importation from Northern Ireland”.

Revocations7

The following orders are revoked—

a

the Hares (Control of Importation) Order 196517,

b

the Importation of Processed Animal Protein Order 198118,

c

the Importation of Processed Animal Protein (Amendment) Order 198219,

d

the Importation of Salmonid Viscera Order 198620,

e

in schedule 2 of the Channel Tunnel (Amendment of Agriculture, Fisheries and Food Import Legislation) Order 199021, the entries for the Hares (Control of Importation) Order 1965 and the Importation of Processed Animal Protein Order 1981.

GILLIAN MARTINAuthorised to sign by the Scottish MinistersSt Andrew’s HouseEdinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends or revokes several orders made or having effect under the Animal Health Act 1981 which prohibit the importation of animals and related products, except under the authority of a licence.

Article 2 amends the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974, which regulates the importation into Great Britain of certain orders of mammals. It amends that order to provide that the prohibition on landing does not apply to dogs, cats and ferrets which meet requirements for importation provided for in retained EU law.

Article 3 amends the Importation of Animals Order 1977, which regulates the importation into Great Britain of ruminating animals, swine and elephants. It amends that order to provide that the prohibition on landing such animals, otherwise than under a licence, does not apply where the authorisation for importation of such animals is provided for in retained direct EU legislation.

Article 4 amends the Importation of Birds, Poultry and Hatching Eggs Order 1979, which regulates the importation into Great Britain of poultry, hatching eggs and captive birds. It amends that order to provide that the prohibition on landing poultry, hatching eggs and captive birds, otherwise than under a licence, does not apply where the authorisation for importation is provided for in retained direct EU legislation.

Article 5 amends the Importation of Embryos, Ova and Semen Order 1980, which regulates the importation into Great Britain of the embryos, ova and semen of any mammal (except humans) and the semen of poultry. It amends that order to provide that the prohibition on landing embryos, ova and semen, otherwise than under a licence, does not apply where the authorisation for importation is provided for in retained direct EU legislation.

Article 6 amends the Importation of Animal Products and Poultry Products Order 1980 which prohibits the importation into Great Britain of animal and poultry products otherwise than under a licence. It amends that Order to provide that the prohibition does not apply to animal and poultry products imported from Northern Ireland.

Article 7 revokes the Hares (Control of Importation) Order 1965, the Importation of Processed Animal Protein Order 1981, provisions amending those instruments and the Importation of Salmonid Viscera Order 1986, which are unnecessary because of other applicable legislation.