The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000

Regulations 4, 5(1), 6, 10, 12(4)(a), 29(2)(b) and 34

SCHEDULE 3

PART 1 LEGISLATION ON INTRA-AREA 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).

• Council Directive 97/12/EC and Council Directive 64/432/EEC have been amended by:

• Commission Decision 90/208/EEC (O.J. No. L 108, 28.4.90, p.102);

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

• Commission Decision 91/52/EEC (O.J. No. L 34, 6.2.91, p.12);

• Commission Decision 95/108/EC (O.J. No. L 79, 7.4.95, p.29);

• Commission Decision 95/109/EC (O.J. No. L 79, 7.4.95, p.32);

• 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 98/362/EC (O.J. No. L 163, 6.6.98, p.48);

• Commission Decision 98/548/EC (O.J. No. L 263, 26.9.98, p.35);

• Commission Decision 98/621/EC (O.J. No. L 296, 5.11.98. p15);

• Commission Decision 99/384/EC (O.J. No. L 146, 11.6.99, p. 52);

• Commission Decision 99/399/EC (O.J. No. L 150, 17.6.99, p.32); and

• Commission Decision 99/579/EC (O.J. No. L 219, 19.8.99, p.53),

• Relevant provisions: 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.

  (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, Denmark, Finland and Sweden and those regions of France and Germany specified in Commission Decisions amending Decision 93/24/EEC(1) must contain the statement: “Pigs in accordance with Commission Decision 93/24/EEC of 11 December 1992 concerning Aujeszky’s disease. In the case of pigs for breeding, the test used was the whole virus ELISA/ELISA for g1 antibodies (delete where applicable)”.

  (d)

  In the event of the prohibition on the export of cattle from Scotland imposed by Commission Decision 98/256/EC on emergency measures to protect against Bovine Spongiform Encephalopathy (O.J. No. L 113, 15.4.98, p.32) being revoked so as to allow the despatch of cattle from Great Britain to another member State or a third country, the official health certificate accompanying all cattle exported from Scotland to Denmark or Finland must contain the statement: “Bovines in accordance with Commission Decision 93/42/EEC of 21st December 1992 concerning IBR for bovines being sent to Member States or Regions listed in the Annex to the said Decision”.

  (e)

  In the event of the prohibition on the export of cattle from Great Britain imposed by Commission Decision 98/256/EC on emergency measures to protect against Bovine Spongiform Encephalopathy (O.J. No. L 113, 15.4.98, p.32) being revoked so as to allow the despatch of cattle from England or Wales to another member State or a third country, the official health certificate accompanying all cattle exported from Scotland to Austria and Sweden must contain the statement: “Bovines in accordance with Commission Decision 95/109/EC”.

  (f)

  In accordance with Commission Decision 95/108/EC the importation into Scotland from the Italian region of Sardinia of animals of the suidae family is prohibited.

Bovine semen

2.  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:

• Council Directive 90/120/EEC (O.J. No. L71, 17.3.90, p.37);

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

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

• and as read with the European international instruments.

• Relevant provisions: Articles 3, 4.1 and 6.

Bovine embryos

3.  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. L302, 19.10.1989, p. 1), as amended by, and as read with:

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

• Commission Decision 92/290/EEC (O.J. No. L 152, 4.6.92, p.37);

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

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

• and as read with the European international instruments.

• Relevant provisions: Articles 3 and 6.

Equidae

4.  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 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); and

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

• and as read with the European international instruments.

• Relevant provisions: Articles 4, 5, 7.1, 7.2 and 8.

  (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 accompanied by an identification document provided for in Council Directive 90/427/EEC (O.J. No. L 224, 18.8.90, p.55).

  (b)

  The derogation permitted under Article 7.2 shall not apply in relation to equidae brought into Scotland.

Porcine semen

5.  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 read with the European international instruments.

Relevant provisions: Articles 3, 4.1, 4.2 and 6.1.

• 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.  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, 30.10.90, 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 91/494/EEC (O.J. No. L 268, 24.9.91, p.35);

• 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);

• The Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (O.J. No. C241, 29.8.94, p.21);

• Commission Decision 95/160/EC (O.J. No. L 105, 9.5.95, p.40);

• Commission Decision 95/161/EC (O.J. No. L 05, 9.5.95, p.44);

• Council Decision 95/410/EC (O.J. No. L 243, 11.10.95, p.25);

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

• Council Directive 99/90/EC (O.J. No. L 300, 23.11.1999, p.19). effective date 1.7.2000,

• as read with the European international instruments.

• Relevant provisions: Articles 6 to 11, 12.1 and 15 to 17.

  (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 95/160/EC of 21 April 1995.

  (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 95/160/EC of 21 April 1995.

  (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 95/161/EC of 21 April 1995.

  (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 22 June 1995.

Animal waste

7.  Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feeding stuffs of animal or fish origins (O.J. No. L 363, 27.12.90, p.51) as amended by, and as read with:

• Council Directive 92/118/EEC (O.J. No. L 62, 15.3.93, p.49) 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, as amended by Decision 95/339/EC, 94/466/EC, 96/103/EC, 95/338/EC, 94/723, 96/340/EC, 96/405/EC and 96/90/EC (O.J. No. L 62, 15.3.93, p.49);

• Commission Decision 92/562/EEC (O.J. No. L 359, 9.12.92, p.23);

• Commission Decision 97/735/EC (O.J. No. L 294, 28.10.97, p.7); and

• Commission Decision 99/534/EC (O.J. No. L 204, 4.8.99, p.37),

• and as read with the European international instruments.

Relevant provisions: Articles 3, 5 and 15.

FISH

Farmed fish

8.—(1) 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 92/528/EEC (O.J. No. L 332, 18.11. 92, p.25);

• Commission Decision 92/538/EEC (O.J. No. L 347, 28.11.92, p.67) (as amended by

• Commission Decision 94/817/EC (O.J. No. L 337, 24.12.94, p.88));

• Commission Decision 93/22/EEC (O.J. No. L 16, 25.1.93, p.8);

• Commission Decision 93/39/EEC (O.J. No. L 16, 25.1.93, p.46);

• Commission Decision 93/40/EEC (O.J. No. L 16, 25.1.93, p.47);

• Commission Decision 93/44/EEC (O.J. No. L 16, 25.1.93, p.53) (as amended by Commission Decision 94/865/EC (O.J. No. L 352, 31.12.94, p.75));

• Council Directive 93/54/EEC (O.J. No. L 175, 19.7.93, p.34) insofar as it applies to exports;

• Commission Decision 93/55/EEC (O.J. No. L 14, 22.1.93, p.24) (as amended by Commission Decision 93/169/EC (O.J. No. L 71, 24.3.93, p.16));

• Commission Decision 93/56/EEC (O.J. No. L 14, 22.1.93, p.25);

• Commission Decision 93/57/EEC (O.J. No. L 14, 22.1.93, p.26);

• Commission Decision 93/58/EEC (O.J. No. L 14, 22.1.93, p.27);

• Commission Decision 93/59/EEC (O.J. No. L 14, 22.1.93, p.28);

• Commission Decision 93/73/EEC (O.J. No. L 27, 4.2.93, p.34) (as amended by Commission Decision 97/804/EC (O.J. No. L 329, 29.11.97, p.70));

• Commission Decision 93/74/EEC (O.J. No. L 27, 4.2.93, p.35) (as amended by Commission Decision 94/450/EC (O.J. No. L 187, 22.7.94, p.8), Commission Decision 96/218/EC (O.J. No. L 74, 22.3.96, p.42) and Commission Decision 99/489/EC (O.J. No. L 190, 23.7.99, p.41));

• Commission Decision 94/862/EC (O.J. No. L 352, 31.12.94, p.72);

• Commission Decision 94/863/EC (O.J. No. L 352, 31.12.94, p.73);

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

• Commission Decision 95/336/EC (O.J. No. L 195, 18.8.95, p.26);

• Commission Decision 95/352/EC (O.J. No. L 204, 30.8.95, p.13);

• Commission Decision 95/124/EC (O.J. No. L 84, 14.4.95, p.6) (as amended by Commission Decision 96/265/EC (O.J. No. L 91, 12.4.96, p.72), Commission Decision 97/228/EC (O.J. No. L 91, 5.4.97, p.35), Commission Decision 99/521/EC (O.J. No. L 199, 30.7.99, p.73), Commission Decision 2000/173/EC (O.J. No. L 55, 29.2.2000, p.74) and Commission Decision 2000/312/EC (O.J. No. L 209, 29.4.2000, p.80));

• Commission Decision 95/125/EC (O.J. No. L 84, 14.4.95, p.8) (as amended by Commission Decision 95/481/EC (O.J. No. L 275, 18.11.95, p.26) and Commission Decision 99/550/EC (O.J. No. L 209, 7.8.99, p.39));

• Commission Decision 95/470/EC (O.J. No. L 269, 11.11.95, p.28);

• Commission Decision 95/473/EC (O.J. No. L 269, 11.11.95, p.31) (as amended by Commission Decision 96/289/EC (O.J. No. L 109, 3.5.96, p.23), Commission Decision 97/227/EC (O.J. No. L 91, 5.4.97, p.33), Commission Decision 99/556/EC (O.J. No. L 211, 11.8.99, p.50) and Commission Decision 2000/172/EC (O.J. No. L 55, 29.2.2000, p.71));

• Commission Decision 95/479/EC (O.J. No. L 275, 18.11.95, p.23);

• Commission Decision 96/94/EC (O.J. No. L 21, 21.1.96, p.73);

• Commission Decision 96/233/EC (O.J. No. L 77, 27.3.96, p.33) (as amended by Commission Decision 97/234/EC (O.J. No. L 94, 9.4.97, p.15) and Commission Decision 99/512 (O.J. No. L 195, 28.7.99, p.37));

• Commission Decision 96/490/EC (O.J. No. L 202, 10.8.96, p.21);

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

• Commission Decision 97/185/EC (O.J. No. L 77, 19.3.97, p.31);

• Commission Decision 98/357/EC (O.J. No. L 162, 5.6.98, p.42);

• Commission Decision 98/359/EC (O.J. No. L 163, 6.6.98, p.43);

• Commission Decision 98/361/EC (O.J. No. L 163, 6.6.98, p.46) (as amended by Commission Decision 99/513/EC (O.J. No. L 195, 28.7.99, p.39), Commission Decision 2000/187/EC (O.J. No. L 59, 4.3.2000, p.14) and Commission Decision 2000/311/EC (O.J. No. L 104, 29.4.2000, p.77));

• Commission Decision 98/395/EC (O.J. No. L 176, 20.6.98, p.30);

• Commission 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 2000/171/EC (O.J. No. L 55, 29.2.2000, p.70);

• Commission Decision 2000/173/EC (O.J. No. L 55, 29.2.2000, p.74);

• Commission Decision 2000/174/EC (O.J. No. L 55, 29.2.2000, p.77);

• Commission Decision 2000/188/EC (O.J. No. L 59, 4.3.2000, p.17);

• Commission Decision 2000/310/EC (O.J. No. L 104, 29.4.2000, p.76); and

• Commission Decision 2000/312/EC (O.J. No. L 104 29.4.2000, p.80),

• and as read with the European international instruments.

Relevant provisions: The following provisions in so far as they apply to live fish and gametes: Articles 3, 4, 7 to 11, 14 and 16.

(a) Aquaculture animals and products from Iceland and Norway to which Directive 91/67/EEC applies must be imported at a border inspection post.

(b) In accordance with the derogation in paragraph 8 of Annex 1 of the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation the provisions of Directive 91/67/EEC shall not apply to imports of live fish and crustaceans as well as eggs and gametes of fish and crustaceans for farming or restocking which come from Iceland or Norway. Great Britain shall retain existing national measures in respect of imports of these animals and animal products.

Fish other than farmed fish.

(2) Council Directive 91/493/EEC laying down the health conditions for the production and the 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 95/71/EC (O.J. No. L 332, 30.12.95, p.40); and

• Council Directive 92/48/EEC (O.J. No. L 187, 7.7.92, p.41), laying down 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.

• Relevant provisions: Article 4 of Council Directive 91/493/EEC.

Live bivalve molluscs.

(3) 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, 24.9.9.91, p.1), as amended by, and as read with Council Directive 97/61/EC (O.J. No. L 295, 29.10.97, p.35).

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

Ovine and caprine animals

9.  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 read with:

• Council Directive 90/425/EEC (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);

• Commission Decision 93/52/EEC (O.J. No. L 13, 21.1.93, p.14);

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

• Commission Decision 94/877/EC (O.J. No. L 352, 31.12.94, p.102);

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

• Commission Decision 94/965/EEC (O.J. No. L 371, 31.12.94, p.31);

• Commission Decision 94/972/EEC (O.J. No. L 371, 31.12.94, p.48); and

• Commission Decision 97/315/EC (O.J. No. L 137, 28.5.97, p.20),

• as read with the European international instruments.

Relevant provisions: Articles 4, 5, 6 and 9.

(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.  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); and

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

• as read with the European international instruments and Joint Committee Decision 69/96 of 17th July 1998 amending Annex 1 (Veterinary and Phytosanitary Matters) to the Agreement on the European Economic Area (O.J. No. L 158, 24.6.99).

Relevant provisions: Articles 3 to 9, 10.1, 10.2 (only insofar as it concerns exports) and 11 to 13.

(a) 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.

(b) 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.

(c) 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.  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 224, 18.8.90, p.29.

• Relevant provisions: Articles 6 and 7.1.

Pure-bred animals of the bovine species

12.  Council Directive 77/504/EEC on pure-bred breeding animals of the bovine species (O.J. No. L 06, 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 91, 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); and

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

• and as read with the European international instruments.

• Relevant provisions: Articles 5 and 7.

Breeding animals of the porcine species

13.  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); and

• Commission Decision 96/510/EC (O.J. No. 210, 20.8.96, p.53),

• and as read with the European international instruments.

Relevant provisions: Articles 2.2, 5, 7.2 and 9.

Pure-bred breeding sheep and goats

14.  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); and

• Commission Decision 96/510/EC (O.J. No. L 210, 20.8.96, p.53),

• and as read with the European international instruments.

Relevant provisions: Articles 3.2 and 6.

Equidae

15.  Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (O.J. No. L 224, 18.8.1990, p.55), as amended by, and as read with:

• 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);

• 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 96/79/EC (O.J.. No. L 19, 25.1.96, p.41); and

• Commission Decision 96/510/EC (O.J.. No. L 210, 20.8.96, p.53),

• and as read with the European international instruments.

Relevant provisions: Articles 6 and 8.

Regulation 7(4)

PART II ADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF CATTLE AND PIGS

1.  Any person transporting cattle or pigs in intra-Community trade shall do so in accordance with this Part.

2.  He shall, for each vehicle used for the transport of those animals, keep a register containing the following information, and shall keep the register for three 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.  He 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.  He 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 he 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.  He shall give a written undertaking to the Scottish Ministers stating that–

(a) all measures have been taken to ensure compliance with Council Directive 64/432/EEC as amended, and in particular the provisions laid down in Article 12 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.

Regulation 8(4)

PART III ADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE AND PIGS

1.  Every dealer in cattle or pigs engaging in intra-Community trade in cattle or pigs 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 he only imports or exports animals that are identified and 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 of Article 13.1(a), of Council Directive 64/432/EEC.

4.  The dealer shall keep a record for all cattle and pigs which he imports or exports, either on the basis of identification numbers or marks on the animals, and keep the record for three 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 of bovine animals;

(e) the registration number of the holding of origin or the herd of origin of pigs;

(f) the registration number of the transporter or the licence number of the lorry delivering and collecting animals;

(g) the name and address of the buyer and the destination of the animals; and

(h) copies of route plans and numbers of health certificates.

5.  In the case of a dealer who keeps animals on his premises, he 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 Article 13.2 of Council Directive 64/432/EEC.

(1)

O.J. No. L 16, 25.1.93, p.16