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The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2002

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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 28th February 2002”, there is substituted “midnight on 31st March 2002”.

(3) In regulation 2 (interpretation), for the definition of “the Decision” there is substituted–

“the Decision” means Commission Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing 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), Commission Decision 2001/911/EC(6), Commission Decision 2001/938/EC(7), Commission Decision 2002/37/EC(8) and Commission Decision 2002/48/EC(9);.

(4) In regulation 4 (importation of live animals)–

(a)for paragraph (2), there is substituted–

(2) Paragraph (1) shall not apply provided that the conditions specified in paragraph (3) are met.; and

(b)in sub-paragraph 4(3)(f) the words after ‘single holding’ are omitted.

(5) For regulation 5(3) and (4) (dispatch of live animals), there is substituted–

(3) 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(10), Council Decision 98/256/EC (concerning emergency measures to protect against bovine spongiform encephalopathy(11)) and the restriction on movement imposed under the Foot-and-Mouth Disease Order 1983(12)), the prohibition in paragraph (1) shall not apply to the dispatch of live bovine and porcine animals..

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

(a)for paragraph (2) there is substituted–

(2) The prohibition in paragraph (1) shall not apply in relation to meat–

(a)marked with 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(13)) or, in the case of meat from other biungulates, 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(14));

(b)which is clearly identified;

(c)which has been transported and stored since the date of production separately from meat not eligible for dispatch under these Regulations;

(d)which was–

(i)obtained before 1st February 2001;

(ii)derived from animals slaughtered or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed in Great Britain after 19th October 2001; or

(iii)derived from animals reared and slaughtered or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed outside Great Britain.; and

(b)in paragraph (3), the words “, minced meat or meat preparations” are omitted.

(7) In regulation 7 (dispatch of meat products)–

(a)for paragraph (2) there is substituted–

(2) The prohibition in paragraph (1) shall not apply to meat products meeting the public health requirements of Council Directive 77/99/EEC and which–

(a)are made from meat specified in regulation 6(2); or

(b)have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products(15)), or have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.;

(b)paragraph (3) is omitted; and

(c)there is inserted after paragraph (6), as follows:–

(7) The prohibition in this regulation shall not apply in relation to–

(a)products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or

(b)products which are–

(i)produced in an establishment in the restricted area approved by the Scottish Ministers for pre-processed products originating outside that area which, since introduction into the United Kingdom, have been transported, stored and processed separately from products not destined for dispatch; and

(ii)accompanied by a commercial document or official certificate as required by these Regulations..

(8) Regulations 8 (dispatch of milk) and 9 (dispatch of milk products) are omitted.

(9) In regulation 10 (dispatch of semen, etc.)–

(a)at the end of paragraph (2)(b), “or” is omitted;

(b)paragraph (2)(c)(ii) and (vi) are omitted; and

(c)after paragraph (2)(c) there is inserted–

  • ; or

    (d)

    fresh and frozen bovine semen and porcine semen produced in accordance with Directives 88/407/EEC and 90/429/EEC respectively after 15th January 2002 in Great Britain.

(10) Regulations 11 (dispatch of hides and skins), 12 (dispatch of animal products), 13 (exemptions), 16 (export of equidae), 27, 28 and 29 (consequential amendments) and Schedule 1 (permitted areas) are omitted.

(11) In column 3 of Schedule 3 (revocations), for “4(1) and (3), 5, 6(1), (2) and (4),” there is substituted “6(1) and (2)”.

(1)

S.S.I. 2001/429, as amended by S.S.I. 2001/455 and 483 and 2002/21.

(2)

O.J. No. L 277, 20.10.01, p.30.

(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)

O.J. No. L 345, 29.12.01, p.100.

(8)

O.J. No. L 15, 17.1.02, p.34.

(9)

O.J. No. L 21, 24.12.02, p.28.

(10)

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. L 1263, 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).

(11)

O.J. No. L 113, 15.4.1998, p.38.

(12)

S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and further amended, as regards Scotland, by S.S.I. 2001/52/55, 101 and 390.

(13)

O.J. No. L 121, 27.9.1964, p.2012/64; Directive updated by Directive 91/497/EEC (O.J. No L268, 24.9.91, p.69) as last amended by Directive 95/23/EC (O.J. No. L243, 11.10.95, p.7).

(14)

O.J. No. L 268, 24.09.1991 p. 41 as last amended by Council Directive 1994/65/EC (O.J. No. L 368, 31.12.94 p.10).

(15)

O.J. No. L 47, 21.2.1980, p.4.

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