The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2001

Amendment to the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001

2.—(1) The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001(1) are amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(3) for “midnight on 31st January 2001”, there is substituted “midnight on 28th February 2002”.

(3) In regulation 2 (interpretation)–

(a) for the definition of “the Decision”, there is substituted–

““the Decision” means Commission Decision 2001/740/EC of 19th October 2001 (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/356/EC)(2) as amended by Commission Decision 2001/763/EC(3), Commission Decision 2001/789/EC(4), Commission Decision 2001/848/EC(5) and Commission Decision 2001/911/EC(6);”; and

(b) for the definition of “port of import”, there is substituted–

““port of import” means the ports of Cairnryan, Dover, Dundee, Prestwick International Airport and Stranraer;”.

(4) In regulation 4(2)(b)(7) (importation of live animals), for “Cairnryan, Dundee or Stranraer”, there is substituted “Cairnryan, Dundee, Prestwick International Airport or Stranraer”.

(5) At the end of regulation 5 (dispatch of live animals), there is inserted(

“(3) The prohibition in paragraph (1) shall not apply to the dispatch of live porcine animals, without prejudice to the requirements of Council Directive 64/432/EEC (on health problems affecting intra-community trade in bovine animals and swine) as amended(8), provided the conditions specified at paragraph (4) are met.

(4) The conditions referred to in paragraph (3) are(

(a) the animals must have been reared within the areas listed in the appropriate column in Schedule 1;

(b) the dispatch must be authorised in writing by the Scottish Ministers;

(c) there has been no outbreak of foot-and-mouth disease in the area listed in Schedule 1 in which the animal has been reared during the period of 90 days prior to the date of dispatch;

(d) during the period of 30 days prior to the date of loading for dispatch, the animals were subject to the supervision of the relevant veterinary authority on a single holding situated within one of the areas listed in Schedule 1 in the centre of a circle around the holding of at least 10 km radius where there has been no outbreak of foot-and-mouth disease during the said period of 30 days;

(e) no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d) during the period of 30 days prior to the date of loading, except in the case of pigs coming from a supplying holding, or holdings subject to a sole occupancy licence issued under the Foot-and-Mouth Disease Order 1983(9) which meets the requirements laid down in that sub-paragraph, in which case the period concerned shall be 7 days;

(f) during transport, the animals must not have come into contact with other animals which were not from the same holding of dispatch referred to in sub-paragraph (d), unless all the animals are consigned direct for slaughter, in which case animals from no more than three other such holdings may be collected with that consignment;

(g) the animals must have been transported under a specific movement licence under the Foot-and-Mouth Disease Order 1983 in means of transport which have been cleansed and disinfected(

(i) before the animals are loaded; and

(ii) before collecting animals for dispatch from holdings referred to in sub-paragraph (d) situated outside the areas listed in Schedule 1;

(h) animals for breeding and production must not be consigned to more than three holdings, and all of those holdings must be in the same member State.

(5) Animals dispatched under paragraph (3) above shall be accompanied by an official health certificate in accordance with Council Directive 64/432/EEC prepared on behalf of the Scottish Ministers which bears the following words:–

• “Animals conforming to Commission Decision 2001/740/EC of 19th October 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.”.

(6) In regulation 6 (dispatch of meat, minced meat and meat preparations)(

(a) for “supplying holding” in sub-paragraph (2)(d)(iii), there is substituted “supplying holding (or holdings subject to a sole occupancy licence issued under the Foot-and-Mouth Disease Order 1983)”;

(b) for “directly to an approved establishment” in sub-paragraph (2)(d)(iv), there is substituted “to an approved slaughterhouse”; and

(c) for sub-paragraph (2)(d)(vi), there is substituted–

“(vi) the means of transport must have been cleansed and disinfected before loading or before collecting animals for slaughter for dispatch of fresh meat outside the areas listed in Schedule 1;”.

(7) At the end of regulation 10(2)(c)(vi) (dispatch of semen, etc.), there is inserted(

“, except that this test is not required provided any semen collection centre where the donor bull or boar was kept is situated within one of the areas listed in Schedule 1”.

(8) For regulation 16(2) (export of equidae), there is substituted(

“(2) A veterinary inspector shall only issue a certificate referred to in paragraph (1) if satisfied that the animal has not come from a holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983.”.

(9) For Schedule 1 there is substituted the Schedule 1 set out in the Schedule to these Regulations.

(1)

S.S.I. 2001/429, as amended by S.S.I. 2001/455.

(2)

O.J. No. L 227, 20.10.01, p.30. Commission Decision 2001/356/EC (O.J. No. L 125, 5.5.01, p.46), was amended by Commission Decision 2001/372/EC (O.J. No. L 130, 12.5.01, p.47), Commission Decision 2001/415/EC (O.J. No. L 149, 2.6.01, p.38), Commission Decision 2001/430/EC (O.J. No. L 153, 8.6.01, p.33), Commission Decision 2001/437/EC (O.J. No. L 154, 9.6.01, p.66), Commission Decision 2001/518/EC (O.J. No. L 186, 7.7.01, p.58), Commission Decision 2001/547/EC (O.J. No. L 195, 19.7.01, p.61), and Commission Decision 2001/708/EC (O.J. No. L 261, 29.9.01, p.67).

(3)

O.J. No. L 287, 31.10.01, p. 36.

(4)

O.J. No. L 295, 13.11.01, p. 25.

(5)

O.J. No. L 315, 1.12.01, p. 64.

(6)

O.J. No. L 337, 20.12.01, p. 39.

(7)

Regulation 4(2)(b) was amended by S.S.I. 2001/455.

(8)

O.J. No. L 121, 29.7.64, p. 1977/64; Directive updated by Council Directive 97/12/EC (O.J. No. L 109, 25.4.97, p. 1), as amended by Council Directive 98/46/EC (O.J. No. L 198, 15.7.98, p. 22), Council Directive 98/99/EC (O.J. L 358, 31.12.98, p.107), Commission Decision 98/362/EC (O.J. No. L 163, 6.6.98, p. 107), Commission Decision 98/548/EC (O.J. No. l263, 26.9.98, p. 35), Commission Decision 98/621/EC (O.J. No. L 296, 5.11.98, p. 15), 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), Commission Decision 99/579/EC (O.J. No. L 219, 19.8.99, p. 32), Commission Decision 99/579/EC (O.J. No L 219, 19.8.99, p. 53), Commission Decision 2000/504/EC (O.J. No. L 201, 9.8.00, p. 6), Directive 2000/15/EC (O.J. No. L 105, 3.5.00, p. 34), Directive 2000/20/EC (O.J. No. L 163, 4.7.00, p. 35) and Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.01, p. 63).

(9)

S.I. 1983/1950 as amended by S.I. 1993/3119 and 1995/2922 and, as regards Scotland, by S.S.I. 2001/52, 55, 101 and 390, as applied and varied by the Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001 (S.S.I. 2001/111, as amended by S.S.I. 2001/131, 146, 150, 159, 170, 181, 187, 204, 246 and 481) for, amongst other things, the purpose of issuing movement licences.