The Bluetongue (Scotland) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order continues to implement Council Directive 2000/75/EC (“the Directive”) laying down specific provisions for the control and eradication of bluetongue. It revokes and remakes the Bluetongue (Scotland) Order 2003 in order also to enforce Commission Regulation (EC) No. 1266/2007.

The Order provides that references to the Commission Regulation are references to it as amended from time to time.

The principal difference from the 2003 Order is that movement licences in zones controlled or restricted for the purposes of bluetongue control must be in accordance with the Commission Regulation rather than Commission Decision 2005/393/EC (O.J. L 130, 24.5.2005, p.22 as last amended by Decision 2007/357/EC (O.J. L 133, 25.5.2007, p.44)), which it replaces.

Part 2 of the Order provides for notification of and other procedural requirements on suspicion of bluetongue. Part 3 provides for the establishment of various zones on confirmation of bluetongue. Unlike in the previous Order, these zones can now be of a size appropriate for the control of bluetongue. It controls the movement of animals from those zones. It also provides for the separation of a restricted zone into a protection zone and a surveillance zone, and controls movement between these zones. In that regard, while article 13 of the Order provides that no animal movements may take place in a control zone, Article 6(2) of the Directive does allow for provisions applicable to such movements being adopted in accordance with the comitology procedure set out in Article 20 of the Directive. It may therefore be possible in such circumstances for a licence authorising movement to be issued. In relation to movements from a place where bluetongue control measures are operating to a bluetongue free area there is a requirement (article 19) that Scottish Ministers be immediately informed of such movements.

Part 4 of the Order covers a range of matters. It provides for surveillance for bluetongue (article 22) and prohibits vaccination against bluetongue without authorisation by the Scottish Ministers (article 23). It also makes provision for enforcement, which is the responsibility of the local authority, or the Scottish Ministers where they direct to that effect.

Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

A Regulatory Impact Assessment has not been prepared for this Order.