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      SCOTTISH STATUTORY INSTRUMENTS


      2000 No. 300

      ANIMALS

      ANIMAL HEALTH

      The Export of Pigs, Porcine Material and Bovine Animals (Scotland)Regulations 2000

        Made 25th August 2000 
        Laid before the Scottish Parliament 30th August 2000 
        Coming into force 26th August 2000 

      The Scottish Ministers, in exercise of the powers conferred on them bysection 2(2) of the European Communities Act 1972[1] and of allother powers enabling them in that behalf, hereby make the followingRegulations:

      Citation, commencement and extent
           1.  - (1) These Regulations may be cited as the Export of Pigs, Porcine Materialand Bovine Animals (Scotland) Regulations 2000 and shall come into force on26th August 2000.

          (2) These Regulations extend to Scotland only.

      Amendment of the Pigs (Records, Identification and Movement ) Order 1995
          
      2.  - (1) The Pigs (Records, Identification and Movement) Order 1995

      is amended in accordance with the following paragraphs of thisregulation.    (2) In paragraph (1) of article 8 (restriction on movement of pigs within20 days of a previous movement) the words "and to the provisions ofarticle 8A" shall be inserted after the word 'article'.

          (3) Article 8(2)(c) shall be omitted.

          (4) The following article shall be inserted after article 8-

        " Restrictions on movement of pigs for export
            
        8A  - (1) Whenever any pig has been moved to any premises (other than acollection centre), it shall not be lawful to move any pig from thosepremises for direct export or to move any pig to a collecting centre forexport from there before the expiry of a period of 30 days from the day onwhich the first pig referred to was delivered to those premises.".

      Amendment of the Animals and Animal Products (Import and Export)(Scotland) Regulations 2000
          
      3.  - (1) The Animals and Animal Products (Import and Export) (Scotland)Regulations 2000[2] are amended in accordance with thefollowing paragraphs of this Regulation.

          (2) In paragraph 1 of Part I of Schedule 3-

        (a) after the entry relating to Council Directive 98/99/EC there shall beadded the following entry-

               " Directive 2000/20/EC of the European Parliament and of the Council(O.J. L 163, 4.7.00, p.35);"

        (b) after the entry relating to Commission Decision 99/579/EC there shallbe added the following entry-

               " Commission Decision 2000/528/EC (O.J. L 214, 25.8.00, p.42), and asread with the European international instruments,"; and

        (c) there shall be inserted after sub-paragraph (f)-

          " (g) The official health certificate accompanying all pigs exported toScotland to other member states must contain the statement: "Animals inaccordance with Commission Decision 2000/528/EC of 24 August 2000concerning certain protection measures relating to Classical Swine Fever inthe United Kingdom and repealing Decision 2000/515/EC.".

          (3) For paragraph 5 of Part I of Schedule 3 there shall be substituted thefollowing:-

             " 5. Council Directive 90/429/EEC laying down the animal health requirementsapplicable to intra-Community trade in and imports of semen of domesticanimals of the porcine species (O.J. No. L 224, 18.8.90, p.62), CommissionDecision 99/608/EC (O.J. No. L 242, 14.9.99, p.20) and Commission Decision2000/528/EC (O.J. L 214, 25.8.00, p.42), as read with the Europeaninternational instruments.

          Relevant provisions: Articles 3, 4.1, 4.2 and 6.1.

          (a) The official health certification accompanying all porcine semenimported into Scotland from any other member State must state that thesemen was collected from boars "on a collection centre which onlycontains animals that have not been vaccinated against Aujeszky's diseaseand which have reacted negatively to the serium neutralisation test or tothe ELISA test for Aujeszky's disease, in accordance with the provisions ofCouncil Directive 90/429/EEC" and paragraph 13(b)(ii) of the modelhealth certificate provided in Annex D of Council Directive 90/429/EEC mustbe deleted in all cases.

          (b) The official health certificate accompanying all porcine semen exportedfrom Scotland to other member states must contain the statement: "Semenin accordance with Commission Decision 2000/528/EC of 24 August 2000concerning certain protection measures relating to Classical Swine Fever inthe United Kingdom and repealing Decision 2000/515/EC.".

          (4) In paragraph 10 of Part I of Schedule 3

        (a) after the entry relating to Commission Decision 95/483/EC there shallbe added the following entry-

               " Commission Decision 2000/528/EC (O.J. L 214, 25.8.00, p.42),"

        (b) there shall be inserted after sub-paragraph (c)-

          " (d) Embryos/ovas (*) in accordance with Commission Decision 2000/528/EC of24 August 2000 concerning protection measures relating to Classical SwineFever in the United Kingdom and repealing Decision 2000/515/EC.

               >* Delete as appropriate.".


      DONALD C DEWAR
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      25th August 2000

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations, which extend to Scotland only, implement CommissionDecision 2000/528/EC concerning certain protection measures relating toClassical Swine Fever in the United Kingdom and repealing Decision2000/515/EC (O.J. L 214, 25.8.00, p.42) ("the Commission Decision").

      The Regulations amend the Pigs (Records, Identification and Movement)Order 1995 (S.I. 1995/11) by introducing a restriction on movement of pigsfrom any premises for export if any pigs have been moved to those premisesduring the previous period of 30 days (regulation 2).

      The Regulations also make consequential amendments to the Animals andAnimal Products (Imports and Export) (Scotland) Regulations 2000 (S.S.I.2000/216) ("the principal Regulations") in relation to therequirements for health certificates accompanying pigs or porcine semen,ova or embryos which are exported directly from Scotland to other MemberStates.

      The Regulations also insert a reference to Directive 2000/20/EC of theEuropean Parliament and of the Council (O.J. L 163, 4.7.00, p.35) intoparagraph 1 of Part I of Schedule 3 to the principal Regulations as it hasbeen published since the principal Regulations were made. Directive2000/20/EC introduces transitional provisions in relation to testingrequirements for bovine animals under Council Directive 64/432/EEC onhealth problems affecting intra-Community trade in bovine animals and swineas replaced by the Annex to Council Directive 97/12/EC (O.J. L 109,25.4.97, p.1).

      [1] 1972 c.68. Section 2(2) was amended by the Scotland Act1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred on aMinister of the Crown under section 2(2) of the European Communities Act1972, insofar as within devolved competence, were transferred to theScottish Ministers by virtue of section 53 of the Scotland Act 1998.back

      [2] S.S.I. 2000/216.back


      ISBN 0110594517


 



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