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

Scottish Statutory Instruments

2001 No. 483

ANIMALS

ANIMAL HEALTH

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

Made

24th December 2001

Laid before the Scottish Parliament

7th January 2002

Coming into force at 2.00 p.m. on

24th December 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. 3) Amendment (No. 2) Regulations 2001 and shall come into force at 2.00 p.m. on 24th December 2001.

(2) These Regulations shall remain in force until midnight on 28th February 2002.

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(2) 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)(3) as amended by Commission Decision 2001/763/EC(4), Commission Decision 2001/789/EC(5), Commission Decision 2001/848/EC(6) and Commission Decision 2001/911/EC(7);”; 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)(8) (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(9), 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(10) 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.

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

3.—(1) The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment Regulations 2001(11) are amended in accordance with the following paragraphs of this regulation.

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

(3) Regulation 2(2), (3) and (8) is revoked.

J R WILDGOOSE

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

24th December 2001

Regulation 2(9)

SCHEDULE SCHEDULE 1 AS INSERTED BY THESE REGULATIONS

Regulations 4, 5, 6 and 10

“SCHEDULE 1 PERMITTED AREAS

Areas in Scotland

Administrative Unit	Local Authority Areas in Scotland	B	S/G	P	FG	WG	LP
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 Unit		B	S/G	P	FG	WG	LP
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	+	+	+	+	+	−
	Warrington	+	+	+	+	+	−
Cornwall County consisting of		+	+	+	+	+	−
	Cornwall County
Derbyshire consisting of
	City of Derby	+	+	+	+	+	+
	Derbyshire County	+	+	+	+	+	−
Devon consisting of
	Torbay	+	+	+	+	+	+
	City of Plymouth	+	+	+	+	+	+
	Devon 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 County	+	+	+	+	+	−
	County of Herefordshire	+	+	+	+	+	−
Hertfordshire consisting of		+	+	+	+	+	+
	Hertfordshire
Kent consisting of		+	+	+	+	+	−
	Medway Kent County
Lancashire consisting of
	Blackburn with Darwen	+	+	+	+	+	+
	Blackpool	+	+	+	+	+	+
	Lancashire County	+	+	+	+	−	−
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		+	+	+	+	+	−
	Greater London Authority
South East London consisting of		+	+	+	+	+	−
	Greater London Authority
Norfolk consisting of		+	+	+	+	+	+
	Norfolk County
Northamptonshire consisting of		+	+	+	+	+	−
	Northamptonshire County
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	+	+	+	+	+	+
Shropshire consisting of		+	+	+	+	+	−
	Telford and Wreckin Shropshire County
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 Unit		B	S/G	P	FG	WG	LP
Powys consisting of		+	+	+	+	+	−
	North Powys South Powys
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 Caerdydd-Cardiff
Mid Glamorgan consisting of
	Caerffili-Caerphilly	+	+	+	+	+	−
	Merthyr Tudful-Merthyr Tydfil	+	+	+	+	+	+
	Pen-y-Bont Ar Ogwr-Bridgend	+	+	+	+	+	+
	Rhondda/Cyin/Taf-Rhondda/Cyon/Taf	+	+	+	+	+	−
West Glamorgan consisting of
	Abertawe-Swansea	+	+	+	+	+	+
	Castell-Nedd Port Talbot-Neath Port Talbot	+	+	+	+	+	−
Gwent consisting of
	Blaenaun - Gwent	+	+	+	+	+	+
	Casnowyeld-Newport	+	+	+	+	+	−
	Sir Fynwy - Monmouthshire	+	+	+	+	+	−
	Tor-Faen - Torfaen	+	+	+	+	+	+

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;

LP = live pigs;

+ means that the area is one where the animals in the column may be produced (and in the case of live pigs, dispatched), and where 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; and

# 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 Commission Decision 2001/911/EC amending Commission Decision 2001/740/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom) for the fourth 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. 3) Regulations 2001 (“the principal Regulations”) to continue the effect of those restrictions, with amendments, until midnight on 28th February 2002.

The principal Regulations are amended to permit the dispatch from Scotland of live pigs reared in certain areas of Scotland, as set out in the Schedule to these Regulations, subject to certain restrictions. They permit the multiple pick-up of animals destined for slaughter from holdings in certain areas, and where a sole occupancy licence applies. The Regulations also add Prestwick International Airport to list of ports of import, remove the test requirements for donor bulls and boars at semen collection centres in those areas, and amend the certification requirements for horses dispatched from Great Britain.

The areas referred to in regulation 6 of the principal Regulations are the Council areas listed in Schedule 1 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. 2001/429, as amended by S.S.I. 2001/455.

(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)

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

(6)

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

(7)

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

(8)

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

(9)

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).

(10)

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.

(11)

S.S.I. 2001/455.