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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 335
ANIMALS
ANIMAL HEALTH
The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2006

	Made	7th June 2006
	Laid before the Scottish Parliament	8th June 2006
	Coming into force	17th July 2006

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1]and section 56(1) and (2) of the Finance Act 1973[2]and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2006 and shall come into force on 17th July 2006 .

Amendment to The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000
     2. The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000[3]are amended in accordance with regulation 3 below.

     3. —(1) In regulation 1(2) (citation, commencement, interpretation and extent)–

" "captive bird" means a bird whose import is subject to the requirements of Commission Decision 2000/666/EC;

"Commission Decision 2000/666/EC" means 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[

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" "quarantine centre", "quarantine facility" and "quarantine unit" in relation to captive birds have the meanings given in Commission Decision 2000/666/EC, and references in these Regulations to an "approved" quarantine centre and quarantine facility shall be construed as referring to such a centre or facility approved in accordance with regulation 18A and Schedule 5A so long as that approval is not revoked or suspended;

"quarantine manager" in relation to captive birds has the meaning given in regulation 18A(9);".

(2) For regulation 18 (Import Procedure) substitute–

Import procedure

18.

—(1) No person shall import any animal unless they have given one working day's notice in writing of their intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.

(2) On importation, the importer or their agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the Decisions listed in Schedule 5[

a

b

c

(4) Without prejudice to regulation 18A and paragraph 6 of Part I of Schedule 5A no person shall remove any animal from a border inspection post, quarantine centre or quarantine facility unless the common veterinary entry document has been completed in accordance with Article 3.1[d] of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.

(5) No person shall remove any animal from Customs temporary storage arrangements–

e

    (6) Subject to paragraphs (2) to (5), the person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3.4[f] of Commission Regulation (EC) No. 282/2004.

    (7) Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 shall apply as they apply at a border inspection post.

    (8) In the event of a notice served under paragraph (5) or (7) above not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.".

(3) After regulation 18 (Import Procedure) insert–

Quarantine for captive birds

18A.

—(1) The provisions of Part I of Schedule 5A shall have effect in relation to approvals for quarantine centres and quarantine facilities pursuant to Commission Decision 2000/666/EC.

(2) The quarantine manager shall ensure that the specific requirements described in Part II of Schedule 5A for the quarantine of captive birds are met.

(3) The importer of a captive bird shall meet the costs of sampling undertaken during the captive bird's quarantine and shall pay the charges for the testing required under Articles 4.1,4.3, 4.4c and 4.5[

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(5) No person may enter a quarantine centre or a quarantine facility unless–

    (6) No person shall remove a live captive bird from a quarantine centre or quarantine facility without the approval of a veterinary inspector.

    (7) No person shall remove or dispose of a carcase of a captive bird which dies in quarantine unless a veterinary inspector has authorised the removal or disposal.

    (8) An inspector shall have powers in relation to the quarantine of captive birds to–

(9) In this regulation "quarantine manager" means the person in charge of a quarantine centre or quarantine facility for which approval is required under Commission Decision 2000/666/EC.".

(4) For regulation 19 (Payment of Fees) substitute–

Payment of Fees

19.

The official veterinarian shall not authorise the release of animals from a quarantine centre, quarantine facility or border inspection post unless they are satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a., 9.2,[

h

i

(5) For regulation 20 (Consignments constituting a danger to health) substitute–

Consignments constituting a danger to health

20.

—(1) Subject to paragraph (2), where checks at a quarantine centre, quarantine facility or border inspection post or the test results referred to in regulation 18(7) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.

(2) Where the presence of Avian Influenza or Newcastle disease is found at a quarantine centre or quarantine facility in accordance with Article 4.4[

j

k

l

or

(b) serve notice specifying the terms on which the derogation in Article 4.5[m] of the Decision is to be exercised.

(3) Where during quarantine required under the Decision psittaciformes are suspected or found to be suffering Chlamydia psittaci, the veterinary inspector shall by notice–

(4)

(6) In regulation 21(1)(Illegal Consignments) after "quarantine centre" insert ",quarantine facility".

(7) For regulation 25 (Imports) substitute–

Imports

25.

No person shall import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7.1[

n

(8) For regulation 26 (Import procedure) substitute–

Import Procedure

26.

The provisions of regulations 7 to 13, 16(2) and (3), 18(3) and (6), 18A(3) to (8), 20(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.".

(9) For regulation 33 (Penalties) substitute–

" Penalties

33.

—(1) A person contravening any provision of these Regulations, except those listed in paragraph (2), or any notice served under any such provision shall be guilty of an offence.

(2) The provisions referred to in paragraph (1) are those contained in–

(3) A person guilty of an offence under regulation 31(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(4) A person guilty of any other offence under these Regulations shall be liable–

(10) For regulation 34 (Disapplication of provisions) substitute–

" Transitional arrangements and disapplication of provisions

34.

—(1) These Regulations shall apply to a captive bird which has been lawfully imported pursuant to the Importation of Birds, Poultry and Hatching Eggs Order 1979[

6

(11) In Part 1 of Schedule 3 (Legislation on Intra-Area Trade)–

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pursuant to the derogation in Article 7 of the wild birds Decision, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms:

" This consignment complies with the animal health conditions laid down in Commission Decision 2006/115/EC.""; and

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(12) In Schedule 5 (Community Legislation on Third Countries)–

" Commission Decision 96/81/EC (O.J. No. L 19, 25.1.96, p.53);

Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p. 321),"; and

Captive birds

8A.

Commission Decision 2000/666/EC as read with or amended by–

Council Directive 92/65/EC;

Commission Decision 2001/383/EC (OJ No. L137, 19.5.01, p. 28);

Commission Decision 2002/279/EC (OJ No. L99, 16.04.02, p.17) and the European international instruments.

Relevant provisions in that instrument: Articles 1, 2, 3, 8 , and 9.".

(13) After Schedule 5 insert the Schedule set out in the Schedule to these Regulations.

(14) In Schedule 6 (legislation which does not apply), for the provisions in the Importation of Birds, Poultry and Hatching Eggs Order 1979 listed in column 3 (Extent), substitute–

" Articles 4 to 7, 9.3 to 9.6, 10 to 12[

o

ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
7th June 2006

SCHEDULE

Regulation 3(13)

Schedule to be inserted into the Animal and Animal Products (Import and Export)(Scotland) Regulations 2000

" SCHEDULE 5A

Regulation 18A(2)

Approval of quarantine centres and quarantine facilities and specific requirements for the quarantine of captive birds

PART I

Approvals
1. Any reference to "the Decision" in this Schedule is a reference to Commission Decision 2000/666/EC.

2. The Scottish Ministers may, if they are satisfied in all the circumstances that it is appropriate to do so, grant an approval in respect of–

3. Subject to the provisions of paragraph 4 of this Part, an approval shall expire at the end of 12 months from the date it was granted unless–

4. The Scottish Ministers shall give reasons in writing–

5. Notice of a revocation or suspension of an approval granted under this Schedule shall–

(b) be served upon the quarantine manager–

(c) be copied to the importer and if the importer is not the owner of the birds concerned, so far as is practicable, to the owner of birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

6. Where an approval is revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would, in the opinion of a veterinary inspector, cause a significant public or animal health risk, the veterinary inspector may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served upon the quarantine manager and copied to any importer and owner concerned as if it were a notice to which paragraph 5(b) and (c) applied.

PART II

Specific requirements
     1. In this Part of this Schedule "the quarantine period" has the meaning given in paragraphs 2 and 3 below.

     2. Birds shall be quarantined for a period ("the quarantine period") of at least 30 days at the quarantine centre or quarantine facility to which they have been conveyed from the border inspection post and in the case of a quarantine facility at which consignments arriving at different dates are quarantined, the quarantine period shall be extended to expire no sooner than 30 days after the last consignment arrived at the quarantine facility.

     3. No bird at a quarantine centre may share a quarantine unit with any other bird unless that other bird arrived in the same consignment as the first bird, and in the event that one bird shares a quarantine unit with another bird, the quarantine period for any bird in the quarantine unit shall be extended to expire no sooner than 30 days after the last bird was placed in the quarantine unit.

     4. Psittaciformes shall be identified individually in accordance with the requirements of Chapter 2B of Annex B to the Decision.

     5. The use of sentinel chickens shall conform with Article 4.2[

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8.

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10.

11.

12. A copy of the health certificate and the common veterinary entry document referred to in Article 3 of Commission Regulation (EC) No. 282/2004 which accompanies the captive birds upon import shall be kept for at least one year after the arrival of a captive bird at the quarantine centre or quarantine facility.

PART III

CHARGES FOR TESTING OF SAMPLES (INCLUDING POST MORTEM TISSUE REMOVAL) IN RELATION TO CAPTIVE BIRDS IN QUARANTINE
1. Charges for post mortem tissue removal for purposes of testing:

2. Charges for single virus culture (that is, avian virus isolation in Specific Pathogen Free eggs via allantoic cavity for avian influenza virus, Newcastle Disease virus and avian paramyxovirus) in one pool of up to five birds:

3. Charges for serology of sentinel birds (Newcastle Disease (PMV–1), Influenza (H5) and Influenza (H7)):

per set of 3 tests for each sentinel bird: £15.00.

4. Charges for testing for Chlamydophila Polymerase Chain Reaction:

per sample tested: £30.00.

PART IV

Transitional arrangements for existing approvals
1. A quarantine centre or quarantine facility which on 17th July 2006 held an approval for the purposes of Commission Decision 2000/666/EC shall, subject to the provisions of this Part, be an approved quarantine centre or an approved quarantine facility as if approved under regulation 18A and Part I of this Schedule, and shall be subject to the requirements of these Regulations accordingly.

2. An approval referred to in paragraph 1 shall, unless revoked, expire on the date it was due to expire when first granted.".

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–

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.

Notes:

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

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[2] 1973 c.51.back

[3] S.S.I. 2000/216, as amended by S.S.I. 2000/300 and S.S.I. 2005/502.back

[4] O.J. No. L 278, 31.10.00, p.26.back

[5] O.J. L 49, 19.2.04, p.11.back

[6] S.I. 1979/1702, as amended by S.I. 1990/2371.back

[7] O.J. No. L 337, 22.12.05, p.60.back

[8] O.J. No. L 48, 18.2.06, p.48.back

[9] A corrigendum has been published in O.J. No. L 226, 25.06.04, p.128.back

[a] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 18(2), line three: "where the decisions listed in Schedule 5" should read, "where the Decisions listed in Schedule 5";