Scottish Statutory Instruments
AGRICULTURE
Made
16th March 2006
Laid before the Scottish Parliament
16th March 2006
Coming into force
17th March 2006
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:
1. These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2006 and shall come into force on 17th March 2006.
2.—(1) The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002(2) are amended in accordance with this regulation.
(2) In Part VIII of Schedule 2 (import conditions for products)–
(a)for paragraph 4 of cross heading A (General) substitute(3)–
“4. Commission Decision 2005/760/EC concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (O.J. No. L 285, 28.10.05, p.60), as last amended by Commission Decision 2006/79/EC (O.J. No. L 36, 8.2.06, p.48).”;
(b)after paragraph 4 of cross heading A (General) insert–
“5. Commission Decision 2006/7/EC concerning certain protection measures in relation to the import of feathers from certain third countries (O.J. No. L 5, 10.1.06, p.17) as amended by Commission Decision 2006/183/EC (O.J. No. L 65, 7.03.06, p.49)”; and
(c)for paragraph 1 of cross heading E (Animal By Products) substitute–
“1. Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (O.J. No. L 273, 10.10.02, p.1) as last amended by Commission Regulation (EC) No. 208/2006 (O.J. No. L 36, 8.2.06, p.25), and as read with Commission Decision 2005/760/EC (O.J. No. L 285, 28.10.05, p.60), as last amended by Commission Decision 2006/79/EC (O.J. No. L 36, 8.2.06, p.48).”.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
16th March 2006
(This note is not part of the Regulations)
These Regulations amend the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 (S.S.I. 2002/445) (“the principal Regulations”).
These Regulations implement Council Directive 97/78/EC, which lays down the principles governing the organisation of veterinary checks on products entering the Community from third countries (O.J. No. L 24, 30.1.98, p.9). They also give effect to the restriction on the importation of feathers from certain third countries contained in Commission Decision 2006/7/EC (O.J. No. L 5, 10.1.06, p.17) as amended by Commission Decision 2006/183/EC (O.J. No. L 65, 7.03.06, p.49).
Schedule 2 to the principal Regulations lists the import conditions with which products must comply, by reference to the relevant Community legislation. These Regulations amend Part VIII of Schedule 2 to the principal Regulations to refer to Commission Decision 2006/7/EC, as amended (regulation 2(2)(b)).
Amendments are also made to Schedule 2 to the principal Regulations to refer to Commission Decision 2006/79/EC which further amends Commission Decision 2005/760/EC (concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds) (O.J. No. L 285, 28.10.05, p.60) (regulation 2(2)(a)) and to update the reference to Commission Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by products not intended for human consumption (O.J. No. L 273, 10.10.02, p.1) (regulation 2(2)(c)).
A Regulatory Impact Assessment has not been prepared for these Regulations.
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 European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
S.S.I. 2002/445 as amended by S.S.I. 2002/565, 2003/165, 2003/225, 2003/333, 2003/411, 2005/323 and 2005/645.
Paragraph 4 was inserted by S.S.I. 2005/645