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The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 5) Regulations 2001

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Scottish Statutory Instruments

2001 No. 415

ANIMALS

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 5) Regulations 2001

Made

7th November 2001

Laid before the Scottish Parliament

9th November 2001

Coming into force at 2.00 p.m. on

7th November 2001

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and cessation

1.—(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 5) Regulations 2001 and shall come into force at 2.00 p.m. on 7th November 2001.

(2) These Regulations shall remain in force until midnight on 31st December 2001.

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

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

(2) In regulation 2 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)(3) as amended by Commission Decision 2001/763/EC(4);.

(3) In regulation 4(2)–

(a)in sub-paragraphs (b)(i) and (c)(i)(5)–

(i)for “on the day of processing destined for dispatch”, there is substituted “at the time of processing meat destined for dispatch under these Regulations”; and

(ii)for “the Schedule to these Regulations (“the Schedule”)”, there is substituted “Schedule 2 to these Regulations (“Schedule 2”)”;

(b)for sub-paragraph (b)(ii), there is substituted–

(ii)all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin) as amended(6) or, in the case of meat from farmed game of species susceptible to foot-and-mouth disease, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat) as amended(7) or in the case of wild game of species susceptible to foot-and-mouth disease, in accordance with the provisions of Annex I of Chapter VII of Council Directive 92/45/EC as amended(8);;

(c)in sub-paragraph (d)(9) each time “the Schedule” appears, it is substituted by “Schedule 2”;

(d)in sub-paragraph (d) for “porcine animals reared within one or more of the areas listed in the Schedule”, there is substituted “bovine, ovine, caprine or porcine animals or farmed game of species susceptible to foot-and-mouth disease”;

(e)in sub-paragraph (d)(i) for “within an area in the same group of areas as those”, there is substituted “in the same area”;

(f)in sub-paragraph (d)(iii) after “30 days prior to the date of loading,”, there is inserted “or in the case of farmed game prior to on-farm slaughtering,”;

(g)in sub-paragraph (d)(iv) after the word “animals”, there is inserted “, or in the case of farmed game slaughtered on the farm, the carcases,”;

(h)at the end of sub-paragraph (d)(xii), there is inserted “or in the case of farmed game the health mark provided for in Chapter III of Annex I of Council Directive 91/495/EEC”;

(i)in sub-paragraph (d)(xiv)(C) for “veterinary inspector”, there is substituted “official veterinary surgeon”;

(j)after sub-paragraph (d)(xvi), there is inserted–

(xvii)the meat must be obtained from animals reared within the areas specified for the respective category of meat in the appropriate column in Schedule 2;

(e)fresh meat obtained from wild game of species susceptible to foot-and-mouth disease and conforming to the following conditions:–

(i)the meat must be obtained from wild game killed within the areas specified for the respective category of meat in the appropriate column in Schedule 2;

(ii)there has been no outbreak of foot-and-mouth disease in the same area listed in Schedule 2 during the period of 90 days prior to the date of dispatch;

(iii)the meat originates from animals killed at least 20 kilometres from any area not included in Schedule 2;

(iv)the carcases were transported in a means of transport which had been cleansed and disinfected before loading directly to a wild game collection centre or to an approved processing house for chilling;

(v)the wild game collection centre or the approved processing house must be located in an area listed in Schedule 2;

(vi)during post-mortem inspection by the official veterinary surgeon the carcases were found free of lesions of foot-and-mouth disease;

(vii)the meat derived from the animals remained in the establishment for at least 24 hours after the post-mortem inspection;

(viii)at all stages of production the meat must have been handled in accordance with the requirements of Council Directive 92/45/EEC;

(ix)the meat must bear the health mark in accordance with Chapter VII of Annex I to Council Directive 92/45/EEC;

(x)the establishment must be operated under strict veterinary control;

(xi)in the case where foot-and-mouth disease has been diagnosed in the slaughterhouse, any further preparation of meat for dispatch shall only be authorized–

(A)after the slaughter of all animals present;

(B)after removal of all meat and dead animals; and

(C)at least 24 hours after the completion of the effective cleansing and disinfection of the establishment under the control of an official veterinary surgeon;

(xii)the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch..

(4) In regulation 5(3)(b) after “establishments”, there is inserted “which at the time of processing of meat eligible for dispatch complies with”.

(5) In regulation 8(2), for sub-paragraph (c)(vii), there is substituted–

(vii)prior to dispatch the frozen semen was stored for a period of at least 30 days immediately following collection and during the first 30 days of that storage period no animal in the semen collection centre where the donor boar or bull was kept showed any sign of foot-and-mouth disease;.

(6) For the Schedule inserted by the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001(10) there is substituted the Schedule set out in the Schedule to these Regulations.

Consequential Amendment

3.  Regulation 2(3)(b) of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001 is revoked.

DAVID R DICKSON

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

7th November 2001

Regulation 2(6)

SCHEDULESCHEDULE AS INSERTED BY THESE REGULATIONS

Regulation 4(2)

SCHEDULE 2PERMITTED AREAS

Areas in Scotland

Administrative UnitBS/GPFGWG
Council Areas in Scotland
Orkney Islands consisting of++
Orkney Islands
Western Islands consisting of++
Eilean Siar
Shetland Islands consisting of++
Shetland Islands
Wick consisting of++
Part of Highland*
Elgin consisting of++

Moray

Part of Highland*

Inverness consisting of++
Part of Highland*
Aberdeenshire consisting of++

Aberdeen City

Aberdeenshire

Forfar consisting of++

Angus

Dundee City

Perth consisting of++

Clackmannanshire

Perth & Kinross

Cupar consisting of++
Fife
Edinburgh consisting of++

Falkirk

Midlothian

West Lothian

City of Edinburgh

East Lothian

Galashiels consisting of+
Scottish Borders
Stirling consisting of++
Stirling
Oban consisting of++
Argyll and Bute
Hamilton consisting of++

East Dunbartonshire

East Renfrewshire

City of Glasgow

Inverclyde

North Lanarkshire

Renfrewshire

South Lanarkshire

West Dunbartonshire

Ayr consisting of++

East Ayrshire

North Ayrshire

South Ayrshire

Stranraer consisting of+
Part of Dumfries & Galloway#
Dumfries consisting of+
Part of Dumfries & Galloway#

Areas in England

Administrative UnitBS/GPFGWG
Bedfordshire consisting of++

Bedford

Luton District

Berkshire consisting of++

Bracknell Forest

Reading

West Berkshire

Windsor & Maidenhead

Wokingham

Slough

Buckinghamshire consisting of++

Buckinghamshire County

Milton Keynes

Cambridgeshire consisting of++

Cambridgeshire County

City of Peterborough

Cheshire consisting of+

Halton

Cheshire County

Cornwall County consisting of+
Cornwall County
Derbyshire consisting of+

City of Derby

Derbyshire County

Dorset consisting of++

Dorset County

Bournemouth

Poole

Essex consisting of+

Southend-on-Sea

Essex County

Thurrock

Gloucestershire consisting of+

South Gloucestershire

Gloucestershire County

Hampshire consisting of++

Hampshire County

City of Portsmouth

City of Southampton

Isle of Wight consisting of++
Isle of Wight
Hereford & Worcester consisting of+
Worcestershire
Hertfordshire consisting of++
Hertfordshire
Kent consisting of+

Medway

Kent County

Lancashire consisting of+
Blackpool
Leicestershire consisting of+

City of Leicester

Rutland

Leicester County

Lincolnshire consisting of++
Lincolnshire
Merseyside consisting of++

Knowsley District

Liverpool District

Sefton District

St Helens District

East London consisting of+
East London
South East London consisting of+
South East London
Norfolk consisting of++
Norfolk
Northamptonshire consisting of+
Northamptonshire
Nottinghamshire consisting of++

City of Nottingham

Nottinghamshire County

Oxfordshire consisting of+
Oxfordshire
Avon consisting of+

Bath & North East Somerset

City of Bristol

South Gloucestershire

North Somerset

Somerset consisting of+
Somerset
Staffordshire consisting of+

City of Stoke-on-Trent

Staffordshire County

Suffolk consisting of++
Suffolk
Isles of Scilly consisting of++
Isles of Scilly
Surrey consisting of++
Surrey
East Sussex consisting of++

Brighton & Hove

East Sussex County

West Sussex consisting of++
West Sussex
Warwickshire consisting of+
Warwickshire
Greater Manchester consisting of++

Tameside District

Oldham District

Rochdale District

Bury District

Bolton District

Salford District

Trafford District

Manchester District

Stockport District

Wigan District

+
Wiltshire consisting of+

Swindon

Wiltshire County

West Midlands consisting of++

Birmingham District

Dudley District

Sandwell District

Solihull District

Walshall District

Wolverhampton District

Coventry District

South Yorkshire consisting of++

Barnsley District

Doncaster District

Rotherham District

Sheffield District

West Yorkshire consisting of++

Wakefield District

Kirklees District

Calderdale District

Beverley-North Yorkshire consisting of

York

Selby District

++
Humberside consisting of++

East Riding of Yorkshire

City of Kingston upon Hull

North East Lincolnshire

North Lincolnshire

Areas in Wales

Administrative UnitBS/GPFGWG
Gwynedd consisting of++

Conwy

Gwynedd

Isle of Anglesey+
Dyfed consisting of++

Sir Gaerfyrddin-Carmarthen

Sir Ceredigion-Ceredigion

Sir Benfro-Pembrokeshire

Clwyd consisting of++

Sir Ddinbych-Denbigshir

Sir Y Fflint-Flintshire

Wrecsam-Wrexham

South Glamorgan consisting of+
Bro Morganng-The Vale of Glamorgan
Mid Glamorgan consisting of+
Pen-y-Bont Ar Ogwr-Bridgend
West Glamorgan consisting of

Abertawe-Swansea

++

Castell-Nedd Port Talbot-Neath Port Talbot

+

In this Schedule–

B = bovine meat;

S/G = sheep and goat meat;

P = pig meat;

FG = farmed game of species susceptible to food-and-mouth disease;

WG = wild game of species susceptible to food-and-mouth disease;

+ means that the area is one where the animals in the column may be produced and the meat in question may be produced and dispatched;

* the three areas listed which consist of Parts of the Highland Council area together comprise the whole of the Highland Council area;

# the two areas listed which consist of Parts of the Dumfries and Galloway Council area together comprise the whole of the Dumfries and Galloway Council area.

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland the Commission Decision 2001/763/EC amending Commission Decision 2001/740/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom) for the first time. They amend the restrictions on imports and exports of certain animals and animal products contained in the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2001 (“the principal Regulations”) to permit the dispatch from Scotland of pig meat from those areas of Scotland from which such exports were prohibited, and to permit the dispatch of beef from certain areas of Scotland.

The areas referred to in regulation 4 of the principal Regulations are the Council areas listed in Schedule 2 to the principal Regulations as inserted hereby. The Administrative Unit is used by the European Commission to designate areas of the United Kingdom for the purpose of allowing exports.

A Regulatory Impact Assessment has not been prepared for these Regulations.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

S.S.I. 2001/186, as amended by S.S.I. 2001/243, 271, 367 and 394.

(3)

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).

(4)

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

(5)

Sub-paragraphs (b)(i) and (c)(i) were substituted by S.S.I. 2001/394

(6)

O.J. No. 121, 27.9.64, p.2012/64; Directive updated by Directive 91/497/EEC (O.J. No. L 268, 24.9.91, p.69) as amended by Council Directive 92/5/EEC (O.J. No. L 57, 2.3.92, p.1) and Directive 95/23/EC (O.J. No. L 243, 11.10.95, p.7).

(7)

O.J. No. L 268, 24.9.91, p.41 as amended by Council Directive 92/65/EEC (O.J. No. L 268, 14.9.92, p.54), Council Directive 92/116 EEC (O.J. No. L 62, 15.3.93, p.1) and Council Directive 1994/65/EC (O.J. No. L 368, 31.12.94, p.10).

(8)

O.J. No. L 268, 14.9.92, p.33, as amended by Council Directive 92/116/EC (O.J. No. L 62, 15.3.93, p.1) and Council Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.31).

(9)

Sub-paragraph (d) was inserted by S.S.I 2001/394.

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