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

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland the continuation of restrictions on imports and exports of certain animals and animal products in accordance with Commission Decision 2001/372/EC amending Decision 2001/356/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (O.J. No. L 125, 5.5.2001, p.46).

They consolidate, with a minor amendment the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001 (S.S.I 2001/95) and the subsequent Regulations amending those Regulations to date, as set out in the Schedule.

They prohibit the import and export of specified live animals (regulation 3) and restrict the export of fresh meat, meat products, milk, milk products, semen and embryos from biungulate animals, hides and skins, and animal products. The restrictions differ from the previous Regulations in that they specify an alternative health mark that must be used in respect of certain biungulates (regulations 4 to 10).

The veterinary certificate required for the export of these products can in some circumstances be replaced by a commercial certificate, suitably endorsed in accordance with regulation 12.

The Regulations also permit the import and export of certain products in transit, and products made from pre-processed products originating outside the United Kingdom (regulation 11).

The Regulations require a certification for exports to third countries as well as to other member States (regulation 13). They also place restrictions on the export of horses (regulation 14).

They give inspectors appointed by the Scottish Ministers powers to enter premises and carry out examinations (regulation 15) and empower the Scottish Ministers to stop and detain vehicles and vessels pending examination by an inspector (regulation 16). They provide for a notice procedure whereby an inspector can prohibit export of a consignment if the inspector is not satisfied that products comply with these Regulations (regulation 17).

Obstruction of a person carrying out duties under the Regulations is prohibited (regulation 18).

Breach of the Regulations is, under regulation 19, punishable–

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale or the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Provision is made for offences by bodies corporate (regulation 20), reciprocal recognition of certificates etc (regulation 21), and enforcement (regulation 22).