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

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland the continuation of restrictions on imports and exports of certain animals and animal products in accordance with Commission Decision 2001/789/EC amending for the second time Commission Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (O.J. No. L295, 13.11.01, p.25).

They consolidate, with amendments, the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 2) (Scotland) Regulations 2001 and the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (Recovery of Costs) Regulations 2001.

They prohibit the import and export of specified live animals (regulations 4 and 5) and restrict the export of fresh meat, meat products, milk, milk products, semen, ova and embryos from biungulate animals, hides and skins, and animal products (regulations 6 to 12). The restrictions differ from the previous Regulations in that they permit the dispatch from Scotland of beef from those areas of Scotland from which such exports were prohibited, and permit the dispatch of sheepmeat and goatmeat, and farmed and wild game of species susceptible to foot-and-mouth disease, from certain areas of Scotland (regulation 6).

The areas referred to in regulation 6 are the Council areas listed in Schedule 1. The Administrative Unit is used by the European Commission to designate areas of the United Kingdom for the purpose of allowing exports.

The Regulations also permit the import and export of certain products in transit, and products made from pre-processed products originating outside the United Kingdom (regulation 13).

The veterinary certificate required for the export of these products can in some circumstances be replaced by a commercial certificate, suitably endorsed in accordance with regulation 14.

The Regulations require a certification for exports to third countries as well as to other member States (regulation 15). They also place restrictions on the export of horses (regulation 16).

The Regulations prohibit offering or accepting orders to dispatch or export restricted products (regulation 17).

They give inspectors appointed by the Scottish Ministers powers to enter premises and carry out examinations (regulation 18) and empower the Scottish Ministers to stop and detain vehicles and vessels pending examination by an inspector (regulation 19). They provide for a notice procedure whereby an inspector can prohibit export of a consignment if the inspector is not satisfied that products comply with these Regulations (regulation 20).

They also permit the Scottish Ministers to recover reasonable costs for supervision or inspections (regulation 21).

Obstruction of a person carrying out duties under the Regulations is prohibited (regulation 22).

Breach of the Regulations is, under regulation 23, punishable–

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale or the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Provision is made for offences by bodies corporate (regulation 24), reciprocal recognition of certificates etc (regulation 25), and enforcement (regulation 26).

Consequential amendments are made to the Meat Products (Hygiene) Regulations 1994, the Fresh Meat (Hygiene and Inspection) Regulations 1995 and the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (regulation 27, 28 and 29).

The consolidated enactments are revoked (regulation 30 and Schedule 3).