The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009 and come into force on 26th June 2009.

(2) In these Regulations “the 2007 Regulations” means the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007.

Amendment to the 2007 Regulations

2.—(1) The 2007 Regulations are amended as follows.

(2) In regulation 1 (citation, commencement, interpretation and extent), in paragraph (2)–

(a) omit the definition of “bluetongue susceptible animal”;

(b) omit the definition of “Commission Decision 2006/115/EC”;

(c) after the definition of “captive birds” insert–

““Commission Decision 2003/881/EC” means Commission Decision 2003/881/EC concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC(1);

“Commission Decision 2004/211/EC” means Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species and amending Decisions 93/195/EEC and 94/63/EC(2);

“Commission Decision 2005/64/EC” means Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres(3);”;

(d) omit the definition of “Commission Regulation (EC) No. 1/2005”;

(e) after the definition of “Commission Regulation (EC) No. 318/2007” insert–

““Commission Regulation (EC) No. 798/2008” means Commission Regulation (EC) No. 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements(4);

“Commission Regulation (EC) No. 1251/2008” means Commission Regulation (EC) No. 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(5);

“Council Decision 79/542/EEC” means Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(6);”;

(f) in the definition of “Council Directive 64/432/EEC” omit from “as amended by” to the end of that definition;

(g) in the definition of “Council Directive 90/425/EEC” omit from “as amended by” to the end of that definition;

(h) after the definition of “Council Directive 90/425” insert–

““Council Directive 90/426/EEC” means Council Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae(7);”;

(i) in the definition of “Council Directive 90/427/EEC” omit from “), as amended by” to the end of that definition;

(j) in the definition of “Council Directive 90/539/EEC” omit from “, as amended by” to the end of that definition;

(k) omit the definition of “Council Directive 91/67/EEC”;

(l) for the definition of “Council Directive 91/68” substitute–

““Council Directive 91/68/EEC” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals(8);”;

(m) in the definition of “Council Directive 91/496/EEC” omit from “, as amended by” to the end of that definition;

(n) in the definition of “Council Directive 92/65/EEC” omit from “, as amended by” to the end of that definition;

(o) after the definition of “Council Directive 92/65/EEC” insert–

““Council Directive 2006/88/EC” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(9);

“Council Regulation (EC) No. 1/2005” means Council Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97(10);”;

(p) omit the definition of “European international instruments”; and

(q) in the definition of “Regulation (EC) No. 998/2003” omit from “, as amended by” to the end of that definition.

(3) In regulation 1, after paragraph (6) insert–

“(7) Any reference to a Community instrument in these Regulations is a reference to that instrument as amended from time to time.”.

(4) In regulation 4 (application of Part II) for “91/67/EEC” substitute “2006/88/EC”.

(5) In regulation 23 (illegal consignments), in paragraph (1) for “Commission Regulation (EC) No. 1/2005” substitute “Council Regulation (EC) No. 1/2005”.

(6) Omit Schedule 1 (amendments to Council Directives 90/425/EEC and 91/496/EEC).

(7) For Part I (legislation in relation to intra-community trade) of Schedule 3 (intra-community trade: legislation and additional requirements) substitute the Part in Schedule 1 to these Regulations.

(8) For Schedule 7 (community legislation in relation to imports from third countries) substitute the Schedule in Schedule 2 to these Regulations.

(9) In paragraph 3(c) of Part I (approvals) of Schedule 8 (quarantine of captive birds), after “owner” in the second place where that word occurs insert “of the”.

(10) In paragraph 4 of Part I of Schedule 8, for “3(c) and (d)” substitute “3(b) and (c)”.

(11) In paragraph 4(2) of Part II (charges in relation to approvals of avian quarantine centres and facilities, official supervision, sampling and laboratory testing) of Schedule 8, before “inspector rate” insert “veterinary”.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

3rd June 2009