The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2006

Explanatory Note

This note is not part of the Regulations

These Regulations amend the Animals and Animal Products (Import and Export) (Scotland) Regulations (“the principal Regulations).

The Regulations implement the following Community measures–

(a) Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (O.J. No. L 278, 31.10.00, p.26) (“the Decision”); and

(b) Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals (O.J. No. L 139, 30.4.04, p.321 (“the Directive”)).

In relation to the Decision, the principal Regulations are amended to provide for the arrangements for quarantine of captive birds imported from third countries. Specific requirements are imposed upon quarantine managers as to the running of quarantine centres and facilities. General prohibitions are applied to any persons in respect of entry into a quarantine facility or centre and removal of birds and carcases from quarantine without the authorisation of a veterinary inspector. In addition, inspectors have been given powers of entry, inspection and sampling in relation to the quarantine of captive birds. The Veterinary Laboratories Agency is designated as the official laboratory for the purposes of the Decision and there is provision for charges for laboratory testing carried out in connection with it (regulation 3(3), (13) and the Schedule)).

Amendments are also made to the principal Regulations as a consequence of the implementation in these Regulations of the Decision (regulation 3(1) and (2), (4) to (6), (8), (9) and (12)(a)).

There are also provisions prescribing the measures which must be taken when avian influenza, Newcastle disease or Chlamydia psittaci is found in an imported captive bird at a quarantine centre or facility (regulation 3(5)).

Transitional arrangements are provided for in respect of quarantine approvals currently held by avian quarantine centres or facilities and captive bird imports generally (regulation 2(10), (13) and the Schedule) and the disapplication provisions in the principal regulations have been revised to disapply the Importation of Birds, Poultry and Hatching Eggs Order 1979 (S.I. 1979/1702) in relation to imports of captive birds from third countries (regulation 3(10) and (14)).

In relation to the Directive, the relevant Schedules of the principal Regulations (Schedules 3 and 5) have been amended to include reference to it (regulation 3(11)(b) and (12)(b)(i)). Schedule 3 to the principal Regulations is also amended to update the list of instruments specifying additional requirements which must be complied with in relation to intra-community trade in poultry and hatching eggs (regulation 3(11)(a)).

Amendments have also been made to the principal Regulations to include reference to the Common Veterinary Entry Document pursuant to Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (O.J. L 49, 19.2.04, p.11) (regulation 3(1)(a),(2) and (7)).

A regulatory impact assessment has not been prepared for these Regulations.