Statutory Instruments of the Scottish Parliament

"approved assembly centre" means an assembly centre approved by the Scottish Ministers in accordance with regulation 13;

"assembly centre" means any holding, collection centre or market at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra Community trade or which is used in the course of intra Community trade;

"border inspection post" means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;

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

(a) it complies with the relevant provisions of the listed instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;

(b) when required by the listed instruments, it is accompanied by–


(i) an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or

(ii) any other document required by the listed instruments;



(c) when required by the listed instruments, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the listed instruments; and

(d) if the animal is acquired through or transits an assembly centre, that centre is an approved assembly centre.

    (2) If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation the inspector may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.

    (3) In the event of a notice served under paragraph (2) not being complied with, an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.

    (4) No person shall export to another member State any animal to which the provisions of Articles 6, 7, 9 or 10 of Council Directive 92/65/EEC apply unless the animal originates from–

(a) a holding that has been registered with the Scottish Ministers and the owner or person in charge of that holding has given to the Scottish Ministers undertakings in accordance with Article 4 of Council Directive 92/65/EEC; or

(b) a body, institute or centre that has been approved by the Scottish Ministers in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC.

    (5) No person shall export to another member State any hatching eggs, day old chicks or poultry to which Article 6 of Council Directive 90/539/EEC, applies unless they originate from an establishment which–

(a) is a member of the monitoring scheme, known as the Poultry Health Scheme, operated by the Scottish Ministers in accordance with Schedule 4 to these Regulations; and

(b) conforms with the requirements of Annex II to Council Directive 90/539/EEC.

(a) from anywhere except from another part of the United Kingdom or from another member State, and

(b) from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.

(a) carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

(b) carry out checks on whether staff are complying with the requirements of the Directives or other measures listed in Part I of Schedule 3 relating to animal products;

(c) take samples (and, if necessary, send the samples for laboratory testing) from–


(i) animals held with a view to being sold, put on the market or transported;

(ii) products held with a view to being stored or sold, put on the market or transported;

(iii) animals or animal products being transported in the course of intra Community trade;

(iv) animals at a border inspection post in the case of third country imports; or

(v) animals or animal products at the place of destination in the case of an import from another member State;



(d) examine documentary or data processing material relevant to the checks carried out under these Regulations; and

(e) take with them a representative of the European Commission acting for the purposes of Council Directive 90/425/EEC or 91/496/EEC.

Council Directive 90/539/EEC (O.J. No. L 303, 31.10.90, p.6);

Council Directive 91/67/EEC (O.J. No. L 46, 19.2.91, p.1);

Council Directive 91/68/EEC (O.J. No. L 46, 19.2.91, p.19);

Council Directive 91/174/EEC (O.J. No. L 85, 5.4.91, p.37);

Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

Council Directive 91/628/EEC (O.J. No. L 340, 11.12.91, p.17);

Council Directive 92/60/EEC (O.J. No. L 268, 14.9.92, p.75);

Council Directive 92/65/EEC (O.J. No. L 268, 14.9.92, p.54);

Council Directive 92/118/EEC (O.J. No. L 62, 15.3.93, p.49);

Commission Decision 93/444/EEC (O.J. No. L 208, 19.8.93, p.34);

Commission Decision 94/338/EC (O.J. No. L 151, 17.6.94, p.36);

Commission Decision 94/339/EC (O.J. No. L 151, 17.6.94, p.38);

Council Directive 97/78/EC (O.J. No. L 24, 30.1.98, p.9);

Council Directive 2002/33/EC (O.J. No. L 315, 19.11.2002, p.14); and

the European international instruments.

     2. Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56) amended by, and as read with–

Council Directive 89/662/EEC (O.J. No. L 395, 30.12.89, p.13);

Council Directive 90/424/EEC (O.J. No. L 224, 18.08.90, p.19);

Council Directive 90/425/EEC (O.J. No. L 224, 18.08.90, p.29);

Council Directive 91/628/EEC (O.J. No. L 340, 11.12.91, p.17);

Council Decision 92/438/EEC (O.J. No. L 243, 25.8.92, p.27);

Commission Decision 94/467/EC (O.J. No. L 190, 26.7.94, p.28);

Council Directive 96/43/EC (O.J. No. L 162, 1.7.96, p.1);

Council Directive 97/78/EC (O.J. No. L 24, 30.1.98, p.9);

Commission Decision 97/794/EC (O.J. No. L 323, 26.11.97, p.31);

Commission Regulation (EC) No. 282/2004 (O.J. No. L 49, 19.2.2004, p.11), as amended by Commission Regulation (EC) No. 585/2004 (O.J. No. L 91, 30.3.2004, p.17); and

the European international instruments.

Council Directive 98/46/EC (O.J. No. L 198, 15.7.98, p.22);

Council Directive 98/99/EC (O.J. No. L 358, 31.12.98, p.107);

Commission Decision 98/621/EC (O.J. No. L 296, 5.11.98, p.15);

Directive 2000/15/EC of the European Parliament and of the Council (O.J. No. L 105, 3.5.2000, p.34);

Directive 2000/20/EC of the European Parliament and of the Council (O.J. No. L 163, 4.7.2000, p.35);

Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

Commission Regulation (EC) No 535/2002 (O.J. No. L 80, 23.3.2002, p.22);

Commission Regulation (EC) No 1226/2002 (O.J. L 179, 9.7.2002, p.13);

Council Regulation (EC) No. 21/2004 (O.J. No. L 5, 9.1.2004, p.8);

Commission Decision 2004/226/EC (O.J. No. L 68, 6.3.2004, p.36); and

the European International Instruments.

Relevant provisions in that instrument: Articles 3(2), 4(1), 5(1), 5(2), 5(5), 6(1), 6(2), 6(3), 7 (in the case of imports) and 12(3).

Additional requirements:

(a) The official health certificate accompanying all cattle imported into Scotland from Spain must contain the statement: "Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuro pneumonia".

(b) The official health certificate accompanying all cattle imported into Scotland from Portugal must contain the statement "Live cattle in accordance with Commission Decision 91/52/EEC on contagious bovine pleuro pneumonia".

(c) The official health certificate accompanying all swine imported into Scotland from any other member State except Austria, the Republic of Cyprus, the Czech Republic, Denmark, Finland, Germany, Luxembourg, Sweden and those parts of France specified in Commission Decisions amending Decision 2001/618/EC must contain the statement: "Pigs in accordance with Commission Decision 2001/618/EC concerning Aujeszky's disease".

(d) Exports of cattle from Scotland to the countries listed in Annexes I and II of Commission Decision 2004/558/EC (O.J. No. L 249, 23.7.2004, p.20)–


(i) must meet the additional guarantees laid down in Article 2(1), Article 2(2)(b)(i) or Article 2(2)(c) (for exports to Germany), and (for exports to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy) in Article 3(1) of that Decision; and

(ii) in relation to the certification accompanying such exports–


(aa) for bovine animals exported to Germany, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, "IBR" must be entered, and after the second indent the additional guarantees of Article 2 which are met by the cattle must be specified as follows: "Article 2(1), [or] Article 2(2)(b)(i) [or] Article 2(2)(c) [as the case may be] of Commission Decision 2004/558/EC"; and

(bb) for bovine animals exported to Denmark, Austria, Finland, Sweden and the province of Bolzano in Italy, in point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC, after the first indent, "IBR" must be entered, and after the second indent "Article 3 of Commission Decision 2004/558/EC" must be entered.



(e) In accordance with Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy (O.J. No. L 178, 17.7.2003, p.28), the importation into Scotland from the Italian region of Sardinia of animals of the suidae family is prohibited.

(f) The official health certificate accompanying swine imported into Scotland from Italy must contain the statement "Animals in accordance with Commission Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy".

Bovine semen
     2. Instrument: Council Directive 88/407/EEC laying down the animal health requirements applicable to intra Community trade in and imports of semen of domestic animals of the bovine species (O.J. No. L 194, 22.7.88, p.10), as amended by, and as read with–

Council Directive 90/120/EEC (O.J. No. L 71, 17.3.90, p.37);

Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

Council Directive 93/60/EEC (O.J. No. L 186, 28.7.93, p.28);

Council Directive 2003/43/EC (O.J. No. L 143, 11.6.2003, p.23);

Commission Decision 2004/101/EC (O.J. No. L 30, 4.2.2004, p.15);

Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

the European international instruments.

Relevant provisions in that instrument: Articles 3 and 6.

Bovine embryos
     3. Instrument: Council Directive 89/556/EEC on animal health conditions concerning intra Community trade in and importation from third countries of embryos of domestic animals of the bovine species (O.J. No. L 302, 19.10.89, p.1), as amended by, and as read with–

Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

Council Directive 93/52/EEC (O.J. No. L 175, 19.7.93, p. 21);

Commission Decision 94/113/EC (O.J. No. L 53, 24.2.94, p.23);

Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

the European international instruments.

Relevant provisions in that instrument: Articles 3 and 6.

Equidae
     4. Instrument: Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries (O.J. No. L 224, 18.8.90, p.42), as amended by, and as read with–

Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

Council Directive 90/427/EEC (O.J. No. L 224, 18.08.90, p.55);

Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

Council Directive 92/36/EEC (O.J. No. L 157, 10.6.92, p.28);

Commission Decision 92/130/EEC (O.J. No. L 47, 22.2.92, p.26);

Commission Decision 93/623/EEC (O.J. No. L 298, 3.12.93, p.45) as amended by Commission Decision 2000/68/EC (O.J. No. L 23, 28.1.2000, p.72);

Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

Commission Decision 2002/160/EC (O.J. No. L 053, 23.2.2002, p.37); and

the European international instruments.

Relevant provisions in that instrument, subject to and as read with the following Notes: Articles 4, 5, 7(1), and 8.

Notes:

(a) The requirements of Articles 4(1), 4(2) and 8 shall not apply in respect of the export to or the import from the Republic of Ireland of any equidae, or the export to or the import from France of registered horses or equidae for breeding and production accompanied by an identification document provided for in Council Directive 90/427/EEC.

(b) For the avoidance of doubt, the derogation permitted under Article 7(2) shall not apply in relation to equidae brought into Scotland.

Porcine Semen
     5. Instrument: Council Directive 90/429/EEC laying down the animal health requirements applicable to intra Community trade in and imports of semen of domestic animals of the porcine species (O.J. No. L 224, 18.8.90, p.62) and Commission Decision 99/608/EC (O.J. No. L 242, 14.9.99, p.20), as amended by, and as read with–

Commission Decision 99/608/EC (O.J. No. L 242, 14.9.1999, p.20);

Commission Decision 2000/39/EC (O.J. No. L 13, 19.1.2000, p.21);

Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

the European international instruments.

Relevant provisions in that instrument: Articles 3, 4(1), 4(2) and 6(1).

Additional requirements:

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

Poultry and hatching eggs
     6. Instrument: Council Directive 90/539/EEC on animal health conditions governing intra Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L 303, 31.10.90, p.6), as amended by, and as read with–

Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

Council Directive 92/65/EEC (O.J. No. L 268, 14.9.92, p.54);

Commission Decision 92/340/EEC (O.J. No. L 188, 8.7.92, p.34);

Commission Decision 92/369/EEC (O.J. No. L 195, 14.7.92, p.25);

Council Directive 93/120/EEC (O.J. No. L 340, 31.12.93, p.35);

Council Decision 95/410/EC (O.J. No. L 243, 11.10.95, p.25) as amended by Council Decision 98/227/EC (O.J. No. L 87, 21.3.98, p.14);

Commission Decision 97/278/EC (O.J. No. L 110, 26.4.97, p.77);

Council Directive 99/90/EC (O.J. No. L 300, 23.11.1999, p.19);

Commission Decision 2000/505/EC (O.J. No. L 201, 9.8.2000, p.8);

Commission Decision 2001/867/EC (O.J. No. L 323, 7.12.2001, p.29);

Commission Decision 2003/644/EC (O.J. No. L 228, 12.9.2003, p.29);

Commission Decision 2004/235/EC (O.J. No. L 72, 11.3.2004, p.86); and

the European International instruments.

Relevant provisions in that instrument: Articles 6 to 11, 12(1), and 15 to 17.

Additional requirements:

(a) The official health certification accompanying breeding poultry exported from Scotland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8th September 2003.

(b) The official health certification accompanying day old chicks exported from Scotland to Finland or Sweden must contain the statement that they come from flocks which have been tested for salmonella with negative results in accordance with Commission Decision 2003/644/EC of 8th September 2003.

(c) The official health certification accompanying laying hens exported from Scotland to Finland or Sweden must contain the statement that they have been tested for salmonella with negative results in accordance with Commission Decision 2004/235/EC of 11th March 2004.

(d) The official health certification accompanying poultry for slaughter exported from Scotland to Finland or Sweden must contain the statement that they have undergone microbiological testing with negative results in accordance with Council Decision 95/410/EC of 22nd June 1995.

(e) The official health certification accompanying poultry, hatching eggs and day old chicks imported into Scotland from Italy shall include the words "The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC".

(f) In the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC which are–


(i) exported from such a protection zone in Scotland to another member State, or

(ii) imported from such a protection zone in another member State into Scotland



pursuant to the derogation in Article 7 of Commission Decision 2006/115/EC, 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.".

Animal waste
     7. Instrument: Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by products not intended for human consumption (O.J. No. L 273, 10.10.2002, p.1), as amended by, and as read with–

Commission Regulation No. 808/2003 (O.J. No. L 117, 13.5.03, p.1);

Commission Regulation No. 811/2003 (O.J. No. L 117, 13.5.03, p.14);

Commission Regulation No. 813/2003 (O.J. No. L 117, 13.5.03, p.22);

Commission Decision 2003/320/EC (O.J. No. L 117, 13.5.03, p.24);

Commission Decision 2003/321/EC (O.J. No. L 117, 13.5.03, p.30);

Commission Decision 2003/326/EC (O.J. No. L 117, 13.5.03, p.42);

Commission Decision 2003/327/EC (O.J. No. L 117, 13.5.03, p.44);

Commission Decision 2003/328/EC (O.J. No. L 117, 13.5.2003, p.46);

Commission Decision 2003/329/EC (O.J. No. L 117, 13.5.2003, p.51);

Commission Regulation No. 780/2004 (O.J. No. L 123, 27.4.2004, p.64);

Commission Regulation No. 93/2005 (O.J. No. L 19, 21.1.2005, p.34)

Commission Regulation No, 2007/2006 (O.J. No. L 379, 28.12.2006, p.98); and

the European international instruments.

Relevant provision in that instrument: Article 8 as read with Annex II.

Farmed fish
     8. —(1) Instrument: Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (O.J. No. L 46, 19.2.91, p.1), as amended by, and as read with–

Commission Decision 94/864/EC (O.J. No. L 352, 31.12.94, p.74);

Commission Decision 97/804/EC (O.J. No. L 329, 29.11.97, p.70));

Council Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.31);

Commission Decision 98/24/EC (O.J. No. L 8, 14.1.98, p.26);

Council Directive 98/45/EC (O.J. No. L 189, 3.7.98, p.12);

Commission Decision 99/567/EC (O.J. No. L 216, 14.8.99, p.13);

Commission Decision 2001/159/EC (O.J. No. L 57, 27.2.2001, p.54);

Commission Decision 2001/183/EC (O.J. L 67 9.3.2001 p.65);

Commission Decision 2002/300/EC (O.J. No. L 103, 19.4.2002, p.24), as amended by Commission Decision 2003/378/EC (O.J. No. L 130, 27.5.2003, p.27);

Commission Decision 2002/308/EC (O.J. No. L 106, 23.4.2002, p.28), as amended by Commission Decision 2004/850/EC (O.J. No. L 368, 15.12.2004, p.28);

Commission Decision 2003/390/EC (O.J. No. L 135, 3.6.2003, p.19);

Commission Decision 2003/466/EC (O.J. No. L 156, 25.6.2003, p.61);

Commission Decision 2003/634/EC (O.J. No. L 220, 3.9.2003, p.8), as amended by Commission Decision 2003/904/EC (O.J. No. L 340, 24.12.2003, p.69) and Commission Decision 2005/770/EC (O.J. No. L 291, 5.11.2005);

Commission Decision 2004/453/EC (O.J. No. L 156, 30.4.2004, p.5); and

the European international instruments.

Relevant provisions in that instrument: in so far as they apply to live fish, eggs and gametes, Articles 3, 4, 7 to 11, and 14 and 16.

Fish other than farmed fish


    (2) Instrument: Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (O.J. No. L 268, 24.9.91, p.15), as amended by, and as read with–

     Council Directive 92/48/EEC (O.J. No. L 187, 7.7.92, p.41), laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(I) of Council Directive 91/493/EEC;

     Council Directive 95/71/EC (O.J. No. L 332, 30.12.95, p.40);

     Council Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.310); and

     the European international instruments.

     Relevant provision in that instrument: Article 4.

Live Bivalve molluscs


    (3) Instrument: Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live shellfish (O.J. No. L 268, 24.9.91, p.1), as amended by, and as read with–

     Council Directive 97/61/EC (O.J. No. L 295, 29.10.97, p.35); and

     the European international instruments.

     Relevant provisions in that instrument: Articles 3(1)(a) (i), 3(2), 4, 7, 8, and 9.

Ovine and caprine animals
     9. Instrument: Council Directive 91/68/EEC on animal health conditions governing intra Community trade in ovine and caprine animals (O.J. No. L 46, 19.2.91, p.19) as amended by, and as read with–

Council Directive 90/425/EC (O.J. No. L 224, 18.8.90, p.29);

Council Directive 92/102/EEC (O.J. No. L 355, 5.12.92, p.32); as amended by Council Regulation (EC) No. 21/2004 (O.J. No. L 5. 9.1.2004, p.8);

Commission Decision 93/52/EEC (O.J. No. L 13, 21.1.93, p.14), as amended by Commission Decisions 2001/292/EC (O.J. No. L 100, 11.4.2001, p.28), 2002/482/EC (O.J. No. L 166, 25.6.2002, p.23), 2003/44/EC (O.J. No. L 013, 18.1.2003, p.23), 2003/237/EC (O.J. No. L 87, 4.4.2003, p.13), 2003/732/EC (O.J. No. L 264, 15.10.2003, p.30), 2004/199/EC (O.J. No. L 64, 2.3.2004, p.41) and 2004/320/EC (O.J. No. L 102, 7.4.2004, p.75);

Commission Decision 94/164/EEC (O.J. No. L 74, 17.3.94, p.42);

Commission Decision 94/953/EEC (O.J. No. L 371, 31.12.94, p.14);

Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

Directive 2001/10/EC of the European Parliament and of the Council (O.J. No. L 147, 31.5.2001, p.41);

Council Directive 2003/50/EC (O.J. No. L 169, 8.7.2003, p.51);

Commission Decision 2004/554/EC (O.J. No. L 248, 9.7.2004, p.1);

Commission Decision 2005/932/EC (O.J. No. L 340, 23.12.2005, p.68); and

the European international instruments.

Relevant provisions in that instrument: Articles 3, 4, 4a, 4b, 4c, 5, 6 and 9.

Additional requirements:

(a) Only uncastrated rams for breeding which have been tested for contagious epididimytis (Brucella ovis) in accordance with Article 6(c) of Council Directive 91/68/EEC may be imported into Scotland.

(b) The official health certification accompanying all sheep and goats for fattening and breeding imported into Scotland must confirm that the animals are eligible for entry into an officially brucellosis free ovine or caprine holding in accordance with Annex A, Chapter 1, point D of Council Directive 91/68/EEC.

Other animals, semen, ova and embryos
     10. Instrument: Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC (O.J. No. L 268, 14.9.92, p.54), as amended by, and as read with–

Commission Decision 95/176/EC (O.J. No. L 117, 24.5.95, p.23);

Commission Decision 95/294/EC (O.J. No. L 182, 2.8.95, p.27);

Commission Decision 95/307/EC (O.J. No. L 185, 4.8.95, p.58);

Commission Decision 95/388/EC (O.J. No. L 234, 3.10.95, p.30), as amended by Commission Decision 2005/43/EC (O.J. No. L 20, 22.1.05, p.34);

Commission Decision 95/483/EC (O.J. No. L 275, 18.11.95, p.30);

Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

Commission Regulation (EC) No. 1282/2002 (O.J. No. L 187, 16.7.2002, p.3);

Council Regulation (EC) No. 1802/2002 (O.J. No. L 274, 11.10.2002, p.21);

Regulation (EC) No. 998/2003 (O.J. No. L 146, 13.6.2003, p.1), as amended by Council Decision 2004/650/EC (O.J. No. L 298, 23.9.2004, p.22);

Council Regulation (EC) No. 1398/2003 (O.J. No. L 198, 06.08.2003, p.3);

Commission Regulation (EC) No. 592/2004 (O.J. No. L 94, 31.3.2004, p.7);

Council Directive 2004/68/EC (O.J. No. L 139, 30.4.2004, p.321[36]);

Commission Decision 2004/205/EC (O.J. No. L 65, 3.3.2004, p.23); and

the European international instruments;

Relevant provisions in that instrument: subject to the Note to this paragraph, Articles 3 to 9, 10(1) to 10(3), and 11 to 13.

Note

By way of derogation from the requirements of Article 5(1), the Scottish Ministers may authorise in writing the purchase by a body, institute or centre approved under regulation 9 of these Regulations of apes belonging to an individual.

Additional requirements:

(a) The importation into Scotland of lagomorphs which cannot be shown to have been born on the holding of origin and kept in captivity since birth is prohibited except in accordance with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. Lagomorphs born on the holding of origin and kept in captivity since birth must be accompanied on importation by an official health certificate confirming that status and that the holding of origin has been free from rabies for at least one month.

(b) Animals (other than carnivores, primates, bats and lagomorphs) born on the holding of origin and kept in captivity since birth must be accompanied on importation by a certificate completed by the exporter confirming that status and that the animals do not show any obvious signs of disease at the time of export, and that the premises of origin are not subject to any animal health restrictions.

Pathogens
     11. Instrument: Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (O.J. No. L 62, 15.3.93, p.49) as amended by, and as read with–

Council Directive 2002/33/EC (O.J. No. L 315, 19.11.2002, p.14);

Commission Decision 2003/721/EC (O.J. No. L 260, 11.10.2003, p.21);

Commission Regulation (EC) No. 445/2004 (O.J. No. L 72, 11.3.2004, p.60); and

the European international instruments.

Relevant provisions in that instrument: Articles 6 and 7(1).

Pure-bred animals of the bovine species
     12. Instrument: Council Directive 77/504/EEC on pure bred breeding animals of the bovine species (O.J. No. L 206, 12.8.1977, p.8), as amended by, and as read with–

The Act concerning the conditions of accession of the Hellenic Republic to the European Communities (O.J. No. L 291, 19.11.79, p.17);

Council Directive 79/268/EEC (O.J. No. L 62, 13.3.79, p.5);

Council Regulation 3768/85/EEC (O.J. No. L 362, 31.12.85, p.8);

Council Directive 85/586/EEC (O.J. No. L 372, 31.12.85, p.44);

Commission Decision 86/404/EEC (O.J. No. L 233, 20.8.86, p.19);

Commission Decision 88/124/EEC (O.J. No. L 62, 8.3.88, p.32);

Council Directive 91/174/EEC (O.J. No. L 85, 5.4.91, p.37);

Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

Commission Decision 96/80/EC (O.J. No. L 19, 25.1.96, p.50);

Commission Decision 96/510/EC (O.J. No. L 210, 20.8.96, p.53) (as amended by Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27);

Commission Decision 2002/8/EC (O.J. No. L 003, 5.1.2002, p.53); and

the European international instruments.

Relevant provisions in that instrument: Articles 5 and 7.

Breeding animals of the porcine species
     13. Instrument: Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species (O.J. No. L 382, 31.12.1988, p.36), as amended by, and as read with–

Commission Decision 89/503/EEC (O.J. No. L 247, 23.8.89, p.22);

Commission Decision 89/506/EEC (O.J. No. L 247, 23.8.89, p.34);

Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

Commission Decision 96/510/EC (O.J. No. L 210, 20.08.96, p.53) (as amended by Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27); and

the European international instruments.

Relevant provisions in that instrument: Articles 2(2), 5, 7(2) and 9.

Pure-bred breeding sheep and goats
     14. Instrument: Council Directive 89/361/EEC concerning pure bred breeding sheep and goats (O.J. No. L 153, 6.6.1989, p.30), as amended by, and as read with–

Commission Decision 90/258/EEC (O.J. No. L 145, 8.6.90, p.39);

Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

Commission Decision 96/510/EC (O.J. No. L 210, 20.08.96, p.53);

Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27); and

the European international instruments.

Relevant provisions in that instrument: Articles 3(2) and 6.

Equidae
     15. Instrument: Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra Community trade in equidae (O.J. No. L 224, 18.8.90, p.55), as amended by, and as read with–

Council Directive 90/426/EEC (O.J. No. L 224. 18.8.90, p.42);

Commission Decision 92/353/EEC (O.J. No. L 192, 11.7.92, p.63);

Commission Decision 92/354/EEC (O.J. No. L 192, 11.7.92, p.66);

Commission Decision 93/623/EEC (O.J. No. L 298, 3.12.93, p.45) as amended by Decision 2000/68/EC (O.J. No. L 023, 28.1.2000, p.72);

Council Directive 94/28/EC (O.J. No. L 178, 12.7.94, p.66);

Commission Decision 96/78/EC (O.J. No. L 19, 25.1.96, p.39);

Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53);

Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27); and

the European international instruments.

Relevant provisions in that instrument: Articles 6 and 8.

Animals of species susceptible to foot-and-mouth disease
     16. Commission Decision 2001/327/EC concerning restrictions to the movement of animals of susceptible species with regard to foot-and-mouth disease and repealing Decision 2001/263/EC (O.J. No. L 115, 25.4.01, p.12), as amended by and as read with:

Commission Decision 2001/349/EC (O.J. No. L 123, 4.5.01, p.26);

Commission Decision 2001/378/EC (O.J. No. L 132, 15.5.01, p.31);

Commission Decision 2001/394/EC (O.J. No. L 138, 22.5.01, p.36);

Commission Decision 2001/416/EC (O.J. No. L 149, 2.6.01, p.40);

Commission Decision 2001/488/EC (O.J. No. L 176, 29.6.01, p.75);

Commission Decision 2001/709/EC (O.J. No. L 261, 29.9.01, p.69);

Commission Decision 2001/904/EC (O.J. No. L 335, 19.12.01, p.21);

Commission Decision 2002/153/EC (O.J. No. L 50, 21.2.02, p.98); and

Commission Decision 2002/242/EC (O.J. No. L 82, 26.3.02, p.18).

Relevant provisions: Article 2a.

(a) places and dates of pick up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b) places and dates of delivery, and the name or business name and address of the consignee;

(c) species and number of animals carried;

(d) date and place of disinfection; and

(e) the unique identifying number of accompanying health certificates.

     3. They shall ensure that the means of transport is constructed in such a way that the animal faeces, litter or feed cannot leak or fall out of the vehicle.

     4. They shall have cleansing and disinfection facilities for the vehicles which are approved for the purpose by the Scottish Ministers under this paragraph (and which must include facilities for storing litter and faeces) or they shall provide documentary evidence to the Scottish Ministers that the cleansing and disinfection operations are carried out by a third party approved by the Scottish Ministers.

     5. They shall give a written undertaking to the Scottish Ministers stating that–

(a) all measures have been taken to ensure compliance with–


(i) in the case of cattle or pigs, Council Directive 64/432/EEC, and in particular the provisions laid down in Article 12 of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and

(ii) in the case of sheep or goats, Council Directive 91/68/EEC, and in particular the provisions laid down in Article 8(c) of that Directive and the provisions of that Directive relating to the appropriate documentation that must accompany the animals; and



(b) the transport of animals will be entrusted to staff who possess the necessary ability, professional competence and knowledge.

(a) be approved by the Scottish Ministers under this paragraph; and

(b) be registered with, and have a registration number issued by the Scottish Ministers,

and the Scottish Ministers shall only issue an approval if they are satisfied that the dealer will comply with the provisions of this Part.

     3. The dealer shall ensure that the dealer only imports or exports animals that are identified and meet the requirements of Community law for intra Community trade and, in the case of cattle, come from herds that are officially free of tuberculosis, brucellosis and leukosis, or are slaughter animals meeting the requirements of Article 6.3 or, if slaughter animals under a disease control programme, Article 13.1(a), of Council Directive 64/432/EEC.

     4. The dealer shall keep a record for all cattle, pigs, sheep and goats which the dealer imports or exports, either on the basis of identification numbers or marks on the animals, and keep the record for 3 years, of–

(a) the name and address of the seller;

(b) the origin of the animals;

(c) the date of purchase;

(d) the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats;

(e) the registration number of the holding of origin or the herd of origin of pigs;

(f) the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable);

(g) the registration number of the transporter or the licence number of the lorry delivering and collecting animals;

(h) the name and address of the buyer and the destination of the animals; and

(i) copies of route plans and numbers of health certificates.

     5. In the case of a dealer who keeps animals on their premises, they shall ensure that–

(a) specific training in the care and welfare of animals is given to the staff in charge of the animals; and

(b) all necessary steps are taken to prevent the spread of disease.

     6. —(1) The dealer shall only use premises approved for the purpose by the Scottish Ministers under this paragraph.

    (2) The Scottish Ministers shall issue an approval number for premises approved under this paragraph.

    (3) The Scottish Ministers shall only issue an approval under this paragraph if they are satisfied that the premises comply with, in the case of a dealer in cattle or pigs, Article 13.2 of Council Directive 64/432/EEC or, in the case of a dealer in sheep and goats, Article 8b(2), of Council Directive 91/68/EEC.

(a) they are satisfied, following an inspection by a veterinary inspector who is a member of the State Veterinary Service, that–


(i) the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and

(ii) the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and



(b) the operator of the establishment, having been notified that the Scottish Ministers are satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.

     4. The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to the operator of an establishment as being requirements that the inspector considers are necessary to avoid the spreading of contagious disease through intra Community trade, taking into account the particular circumstances at that establishment.

     5. On receipt of the first annual membership fee, the Scottish Ministers shall issue the establishment's membership certificate, which shall include the establishment's membership number.

     6. The operator of an establishment which is a member of the scheme shall pay the annual membership fee each year, and shall pay any re inspection fee, the details of which are set out in Part IV of this Schedule, when it becomes due.

     7. In order to ensure that establishments and operators of those establishments continue to meet the requirements of the scheme, and generally to ensure compliance with the Directive–

(a) a veterinary inspector shall carry out an annual inspection of the establishment; and

(b) a veterinary inspector shall carry out any additional inspections (insofar as not provided for under paragraph 9) which the Scottish Ministers consider necessary.

     8. The operator of an establishment shall notify the Scottish Ministers if ownership or control of the establishment changes.

     9. —(1) Without prejudice to any action which may be taken under paragraph 10, where at the annual inspection of an establishment, the establishment or the operator of that establishment do not appear to the Scottish Ministers to meet the requirements for membership of the scheme or of the Directive a veterinary inspector who is a member of the State Veterinary Service shall carry out such additional inspections ("re inspections") as the Scottish Ministers consider necessary to ensure compliance with those requirements.

    (2) If a re inspection is carried out–

(a) a fee shall be charged for each re inspection; and

(b) such a fee shall become due upon receipt of an invoice for that fee by the operator of that establishment.

     10. The Scottish Ministers–

(a) shall suspend, revoke or restore membership of the scheme in accordance with Chapter IV of Annex II to the Directive (references to "withdrawal" in that Chapter shall be read as references to "revocation" for the purposes of this paragraph); and

(b) may suspend or revoke membership of the scheme if–


(i) an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;

(ii) the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;

(iii) ownership or control of an establishment changes; or

(iv) the operator has not paid the annual membership fee or if a re inspection fee remains unpaid for 30 days or more after becoming due.

(a) the first time the annual membership fee is paid (the cost of the first annual inspection having been included in the registration fee); and

(b) in subsequent years where the operator of the establishment has elected for the inspection to be carried out by a veterinary inspector who is not a member of the State Veterinary Service (in which case the cost of the inspection is payable directly to the veterinary inspector by the operator).

     16. The Scottish Ministers shall–

(a) determine the two rates of the annual membership fee on the basis of available information as to the cost attributable to each establishment of the items listed in paragraph 18; and

(b) publish the current rates of the annual membership fee on the website of the Scottish Executive.

     17. The annual membership fee shall be payable to the Scottish Ministers in respect of each establishment and shall be non refundable.

     18. The items referred to in paragraph 16(a) are–

(a) salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of–


(i) any person directly involved in the administration of the scheme (including corresponding with and responding to queries from members, producing guidance, and arranging inspections of establishments);

(ii) any person engaged in managing the administration of the scheme; and

(iii) any veterinary inspector who is a member of the State Veterinary Service who carries out the annual inspection of an establishment or additional inspections;



(b) recruiting and training the staff referred to in sub paragraph (a);

(c) travel and related incidental expenses incurred in the administration of the scheme (including inspections of establishments), except where incurred by a person attending his normal place of work;

(d) office accommodation, equipment and services for staff referred to in sub paragraph (a), including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e) provision of protective clothing and equipment, where applicable, used in carrying out inspections of establishments, and laundering, cleansing or disinfecting such protective clothing;

(f) provision of payroll and personnel services in connection with the employment of staff referred to in sub paragraph (a); and

(g) any other incidental expenses incurred in connection with the administration of the scheme.

     19. The items listed in paragraph 18 shall not include any expense which relates to the administration of, travel to and from, and attendance at the inspections insofar as that expense is recoverable under paragraph 9 of Part I of this Schedule.

(a) a charge for the veterinary inspector's time spent at the establishment carrying out the re inspection, the rate for which charge shall be £45 per hour or part thereof; and

(b) a charge for mileage, that is for each mile travelled by the veterinary inspector between his ordinary place of work and the establishment in order to carry out the re inspection, the rate of which charge shall be 33 pence per mile.

     21. The Scottish Ministers may, using such criteria as they consider appropriate in all these circumstances, reduce the charge for mileage under paragraph 20(b) in respect of any particular re inspection in order to avoid an over recovery of mileage costs incurred for a journey in the course of which other official activity is undertaken in addition to that re inspection.

(a) the annual approval fee remains unpaid for 30 days or more after becoming due;

(b) it appears to them that inspection or testing of the laboratory for the purpose of this Schedule has been obstructed by the operator or any staff of the operator of the laboratory; or

(c) following any inspection or testing, the Scottish Ministers consider that the laboratory is no longer suitable for the purpose of carrying out the purpose specified.

(a) shall determine the annual approval fee on the basis of available information as to the cost attributable to each laboratory of the items listed in paragraph 3 of this Part;

(b) may determine different annual approval fees depending on whether the approval relates to–


(i) bacteriological testing for Mycoplasma only;

(ii) serological testing for Mycoplasma only;

(iii) bacteriological testing for salmonella only;

(iv) serological testing for salmonella only; or

(v) a combination of (i) to (iv); and



(c) shall publish the current annual approval fee on the website of the Scottish Executive.

     2. The annual approval fee shall be payable to the Scottish Ministers in respect of each approved laboratory and shall be non refundable.

     3. The items referred to in paragraph 1(a) of this Part are–

(a) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of–


(i) any person directly involved in the administration of the approval of laboratories;

(ii) any person engaged in the management or administration of this work; and

(iii) any person who carries out inspections of laboratories;



(b) recruiting and training the staff referred to in sub-paragraph (a);

(c) travel and related incidental expenses incurred in the administration of the approval of laboratories (including carrying out inspections), except where incurred by a person attending his normal place of work;

(d) office accommodation, equipment and services for staff involved in the administration of approval of laboratories, including depreciation of office furniture and equipment and the cost of information technology and stationery;

(e) provision of protective clothing and equipment used in carrying out inspections of laboratories, and laundering, cleansing or disinfecting such protective clothing;

(f) provision of quality assurance testing samples, assessment of the results and provision of advice about the results;

(g) provision of payroll and personnel services in connection with the employment of staff involved in the administration of approval of laboratories; and

(h) any other incidental expenses incurred in connection with the administration of the approval of laboratories.

Commission Decision 2004/212/EC (O.J. No. L 73, 11.3.2004, p.11);

Commission Decision 2004/410/EC (O.J. No. L 151, 30.4.2004, p.31);

Commission Decision 2004/620/EC (O.J. No. L 279, 28.08.2004 p.30); and

Commission Decision 2006/9/EC (O.J. No. L 7, 12.1.2006 p.23).

Poultry
     2. Commission Decision 95/233/EC drawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs (O.J. No. L 156, 7.7.95, p.76), as amended by, and as read with–

Commission Decision 96/628/EC (O.J. No. L 282, 1.11.96, p.73);

Commission Decision 96/659/EC (O.J. No. L 302, 26.11.96, p.27);

Commission Decision 97/183/EC (O.J. No. L 76, 18.3.97, p.32);

Commission Decision 2001/732/EC (O.J. No. L 275, 18.10.2001, p.14);

Commission Decision 2001/751/EC (O.J. No. L 281, 25.10.2001, p.24);

Commission Decision 2002/183/EC (O.J. No. L 61, 2.3.2002, p.56); and

Commission Decision 2004/118/EC (O.J. No. L 36, 7.2.2004, p.34).

Captive birds
     3. 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 (O.J. No. L 278, 31.10.2000, p.26) as read with Council Directive 92/65/EEC.

Shellfish
     4. Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (O.J. No. L 302, 21.11.2003, p.22), as amended by, and as read with–

Commission Decision 2004/623/EC (O.J. No. L 280, 31.8.2004, p.26);

Commission Decision 2005/409/EC (O.J. No. L 139, 2.6.2005, p.16); and

Commission Decision 2006/767/EC (O.J. No. L320, 18.11.206 p.58).

Finfish
     5. Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (O.J. L 324, 11.12.2003, p.37.) as amended by, and as read with–

Commission Decision 2004/454/EC (O.J. No. 156, 30.4.2004, p.29);

Commission Decision 2006/680 (O.J. No. L 279, 11.10.2006, p.24); and

Commission Decision 2006/767/EC (O.J. No. L320, 18.11.2006 p.53.

Bees
     6. 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 (O.J. No. L 328, 17.12.2003, p.26), as amended by Commission Decision 2005/60/EC (O.J. No. L 25, 28.1.2005), and as read with Council Decision 79/542/EEC (as that Council Decision is defined under paragraph 1 of this Part) in respect of which the derogation in Article 1(2) permitting imports of bees from the state of Hawaii in the United States of America may be relied on.

Equidae
     7. 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 (O.J. No. L 73, 11.3.2004, p.1).

Cats, Dogs & Ferrets
     8. 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 (O.J. No. L 27, 29.1.2005, p.48), as read with–

Council Directive 92/65/EEC; and

Regulation (EC) No. 998/2003.

Commission Decision 2004/212/EC (O.J. No. L 73, 11.3.2004, p.11);

Commission Decision 2004/410/EC (O.J. No. L 151, 30.4.2004, p.31);

Commission Decision 2004/554/EC (O.J. No. L 248, 9.7.2004, p.1);

Commission Decision 2004/620/EC (O.J. No. L 279, 28.8.2004, p.30); and

Commission Decision 2006/9/EC (O.J. No. L 7, 12.1.2006 p.23).

Relevant provisions in that instrument: Articles 3, 4, 5, 6 and 7.

Zoo Ungulates
     2. Instrument: Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals (O.J. No. L 139, 30.4.2004, p.321), as read with–

Council Decision 79/542/EEC (O.J. No. L 146, 14.6.79, p.15) as described in paragraph 1 of this Part;

Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

Council Directive 91/628/EEC (O.J. No. L 340, 11.12.91, p.17);

Council Directive 92/65/EEC (O.J. No. L 268, 14.9.92, p.54); and

the European international instruments.

Relevant provisions in that instrument: Articles 3, 7 and 11

Equidae


General
     3. —(1) Instrument: Council Directive 90/426/EEC on heath conditions governing the movement of equidae and their import from third countries (O.J. No. L 224, 18.8.90, p.42), as amended by, and as read with–

     Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);

     Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

     Council Directive 92/36/EEC (O.J. No. L 157, 10.6.92, p.28);

     Commission Decision 92/130/EEC (O.J. No. L 47, 22.2.92, p.26);

     Commission Decision 95/329/EC (O.J. No. L 191, 12.8.95, p.36);

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

     Commission Decision 2002/160/EC (O.J. No. L 053, 23.3.2002, p.37);

     Council Directive 2004/68/EC (O.J. No. L 139, 30.4.2004, p.321); and

     the European international instruments.

     Relevant provisions in that instrument: Articles 11, 12(1), 13 to 16 and 18.

    (2) Instrument: 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 (O.J. No. L 73, 11.3.2004, p.1).

Relevant provision in that instrument: Article 6.

Temporary admission of registered horses


    (3) Instrument: Commission Decision 92/260/EEC (O.J. No. L 130, 15.5.92, p.67), as amended by, and as read with–

     Commission Decision 93/344/EEC (O.J. No. L 138, 9.6.93, p.11);

     Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11);

     Commission Decision 94/561/EC (O.J. No. L 214, 19.8.94, p.17);

     Commission Decision 95/322/EC (O.J. No. L 190, 11.8.95, p.9);

     Commission Decision 95/323/EC (O.J. No. L 190, 11.8.95, p.11);

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

     Commission Decision 96/279/EC (O.J. No. L 107, 30.4.96, p.1);

     Commission Decision 97/10/EC (O.J. No. L 3, 7.1.97, p.9) as amended by Decision 2001/622/EC (O.J. No. L 216, 10.8.2001, p.26);

     Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44);

     Commission Decision 98/594/EC (O.J. No. L 286, 23.10.98, p.53);

     Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77);

     Commission Decision 99/613/EC (O.J. No. L 24, 15.9.99, p.12);

     Commission Decision 2000/209/EC (O.J. No. L 064, 11.3.2000, p.22);

     Commission Decision 2001/117/EC (O.J. No. L 043, 14.2.2001, p.38);

     Commission Decision 2001/611/EC (O.J. No. L 214, 8.8.2001, p.49);

     Commission Decision 2001/619/EC (O.J. No. L 215, 9.8.2001, p.55);

     Commission Decision 2001/828/EC (O.J. No. L 308, 27.11.2001, p.41);

     Commission Decision 2002/635/EC (O.J. No. L 206, 3.8.2002, p.20);

     Commission Decision 2002/636/EC (O.J. No. L 206, 3.8.2002, p.27);

     Commission Decision 2003/13/EC (O.J. No. L 007, 11.1.2003, p.86);

     Commission Decision 2003/541/EC (O.J. No. L 185, 24.07.2003, p.41);

     Commission Decision 2004/117/EC (O.J. No. L 36, 7.2.2004, p.20);

     Commission Decision 2004/177/EC (O.J. No. L 55, 24.2.2004, p.64);

     Commission Decision 2004/241/EC (O.J. No. L 74,12.03.04, p.19); and

     the European international instruments.

     Relevant provision in that instrument: Article 1.

Registered horses for racing, etc, upon re-entry


    (4) Instrument: Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re entry of registered horses for racing, competition and cultural events after temporary export (O.J. No. L 86, 6.4.93, p.1), as amended by, and as read with–

     Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11);

     Commission Decision 94/561/EC (O.J. No. L 214, 19.8.94, p.17);

     Commission Decision 95/99/EC (O.J. No. L 76, 5.4.95, p.16);

     Commission Decision 95/322/EC (O.J. No. L 190, 11.8.95, p.9);

     Commission Decision 95/323/EC (O.J. No. L 190, 11.8.95, p.11);

     Commission Decision 96/279/EC (O.J. No. L 107, 30.4.96, p.1);

     Commission Decision 97/684/EC (O.J. No. L 287, 21.10.97, p.49);

     Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44);

     Commission Decision 98/567/EC (O.J. No. L 276, 13.10.98, p.11);

     Commission Decision 98/594/EC (O.J. No. L 286, 23.10.98, p.53);

     Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77);

     Commission Decision 99/558/EC (O.J. No. L 211, 11.8.99, p.53);

     Commission Decision 2000/209/EC (O.J. No. L 64, 11.3.00, p.64);

     Commission Decision 2000/754/EC (O.J. No. L 303, 12.12.00, p.34);

     Commission Decision 2001/117/EC (O.J. No. L 43, 14.2.01, p.38);

     Commission Decision 2001/144/EC (O.J. No. L 53, 23.2.01, p.23);

     Commission Decision 2001/610/EC (O.J. No. L 43, 8.8.01, p.45);

     Commission Decision 2001/611/EC (O.J. No. L 214, 8.8.01, p.49);

     Commission Decision 2004/211/EC (O.J. No. L 73, 11.3.2004, p.1);

     Commission Decision 2005/605/EC (O.J. No. L 206, 9.8.2005, p.16);

     Commission Decision 2005/771/EC (O.J. No. L 291, 5.11.2005, p.38);

     Commission Decision 2005/943/EC (O.J. No. L 342, 24.12.2005, p.94); and

     the European international instruments.

     Relevant provision in that instrument: Article 1.

Equidae for slaughter


    (5) Instrument: Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter (O.J. No. L 86, 6.4.93, p.7), as amended by, and as read with–

     Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11);

     Commission Decision 95/322/EC (O.J. No. L 190, 11.8.95, p.9);

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

     Commission Decision 96/82/EC (O.J. No. L 19, 25.1.96, p.56);

     Commission Decision 96/279/EC (O.J. No. L 107, 30.4.96, p.1);

     Commission Decision 97/36/EC (O.J. No. L 14, 17.1.97, p.57);

     Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44);

     Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77);

     Commission Decision 2001/117/EC (O.J. No. L 43, 14.2.01, p.38);

     Commission Decision 2001/611/EC (O.J. No. L 214, 8.8.01, p.49); and

     the European international instruments.

     Relevant provision in that instrument: Article 1.

Registered equidae and equidae for breeding and production


    (6) Instrument: Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production (O.J. No. L 86, 6.4.93, p.16), as amended by, and as read with–

     Commission Decision 93/510/EEC (O.J. No. L 238, 23.9.93, p.45);

     Commission Decision 93/682/EEC (O.J. No. L 317, 18.12.93, p.82);

     Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11);

     Commission Decision 94/561/EC (O.J. No. L 214, 19.8.94, p.17);

     Commission Decision 95/322/EC (O.J. No. L 190, 11.8.95, p.9);

     Commission Decision 95/323/EC (O.J. No. L 190, 11.8.95, p.11);

     Commission Decision 95/536/EC (O.J. No. L 304, 16.12.95, p.49);

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

     Commission Decision 96/82/EC (O.J. No. L 19, 25.1.96, p.56);

     Commission Decision 96/279/EC (O.J. No. L 107, 30.4.96, p.1);

     Commission Decision 97/10/EC (O.J. No. L 3, 7.1.97, p.9), as amended by Commission Decision 2004/117/EC (O.J. L 036, 7.2.04, p.20);

     Commission Decision 97/36/EC (O.J. No. L 14, 17.1.97, p.57);

     Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44);

     Commission Decision 98/594/EC (O.J. No. L 286, 23.10.98, p.53);

     Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77);

     Commission Decision 99/236/EC (O.J. No. L 87, 31.3.99, p.13);

     Commission Decision 99/252/EC (O.J. No. L 96, 10.4.99, p.31);

     Commission Decision 99/613/EC (O.J. No. L 243, 15.9.99, p.12);

     Commission Decision 2000/209/EC (O.J. No. L 64, 11.3.00, p.64);

     Commission Decision 2001/117/EC (O.J. No. L 43, 14.2.01, p.38);

     Commission Decision 2001/611/EC (O.J. No. L 214, 8.8.01, p.49);

     Commission Decision 2001/619/EC (O.J. No. L 215, 9.8.01, p.55);

     Commission Decision 2001/754/EC (O.J. No. L 282, 26.10.01, p.34);

     Commission Decision 2001/766/EC (O.J. No. L 288, 1.11.01, p.50);

     Commission Decision 2001/828/EC (O.J. No. L 308, 27.11.01, p.41);

     Commission Decision 2002/635/EC (O.J. No. L 206, 3.8.02, p.20);

     Commission Decision 2002/841/EC (O.J. No. L 206, 25.10.02, p.42);

     Commission Decision 2003/541/EC (O.J. No. L 185, 24.07.2003, p.41);

     Commission Decision 2004/177/EC (O.J. No. L 55, 24.2.2004, p.64);

     Commission Decision 2004/241/EC (O.J. No. L 74, 12.3.04, p.19); and

     the European international instruments.

     Relevant provision in that instrument: Article 1.

     Additional requirements:

(a) All pre export tests of registered horses from Kyrgyzstan and registered equidae and equidae for breeding and production imported from Belarus, Bulgaria, Croatia, ex Yugoslavia Republic of Macedonia, Romania, Russian Federation and the Ukraine must be carried out as follows: for vesicular stomatitis at the Institute of Animal Health, Pirbright, the National Veterinary Institute, Czech Republic or at the Central Veterinary Laboratory, Budapest, Hungary; the mandatory tests for infectious anaemia, dourine and glanders and, if necessary, the test for equine viral arteritis at the Veterinary Laboratories Agency, Weybridge, the National Veterinary Institute, Czech Republic or at the Central Veterinary Laboratory, Budapest, Hungary.

(b) The test results must be attached to the health certificate accompanying the imported equidae.

Poultry
     4. Instrument: Council Directive 90/539/EEC on animal health conditions governing intra Community trade in, and imports from third countries of poultry and hatching eggs (O.J. No. L 303, 30.10.90, p.6) as amended by, and as read with–

Council Directive 91/494/EEC (O.J. No. L 268, 24.9.91, p.35);

Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);

Council Directive 92/65/EEC (O.J. No. L 268, 14.9.92, p.54);

Commission Decision 92/369/EEC (O.J. No. L 195, 14.7.92, p.25);

Council Directive 93/120/EEC (O.J. No. L 340, 31.12.93, p.35);

Commission Decision 96/482/EC (O.J. No. L 196, 7.8.96, p.13);

Commission Decision 96/628/EC (O.J. No. L 282, 1.11.96, p.73);

Council Directive 99/89/EC (O.J. L 300, 23.11.99 p.17);

Council Directive 99/90/EC (O.J. No. L 300. 23.11.1999, p.19);

Commission Decision 2000/505/EC (O.J. No. L 201, 9.8.2000, p.8);

Commission Decision 2002/183/EC (O.J. No. L 61, 2.3.2002, p.56);

Commission Decision 2002/542/EC (O.J. No. L 176, 5.7.2002, p.43);

Commission Decision 2004/118/EC (O.J. No. L 36, 7.2.2004, p.34); and

the European international instruments.

Relevant provisions in that instrument: Articles 20, 21(1), 22(1), 23, 24, 27(2) and 28.

Other specified animals, semen, ova and embryos
     5. Instrument: Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC (O.J. No. L 268, 14.9.92, p.54), as amended by, and as read with–

Commission Decision 95/176/EC (O.J. No. L 117, 24.5.95, p.23);

Commission Decision 2001/298/EC (O.J. No. L 102, 12.4.2001, p.63);

Commission Regulation (EC) No 1282/2002 (O.J. No. L 187, 16.7.2002, p.3);

Council Regulation (EC) No. 1802/2002 (O.J. No. L 274, 11.10.2002, p.21);

Council Regulation (EC) No 998/2003 (O.J. No. L 146, 13.6.2003, p.1); as amended by Council Decision 2004/650/EC (O.J. No. L 298, 23.9.2004, p.22) and Commission Regulation (EC) No 1193/2005 (O.J. No. L 194, 26.7.2005, p.4);

Council Regulation (EC) No. 1398/2003 (O.J. No. L 198, 6.8.2003, p.3);

Council Directive 2004/68/EC (O.J. No. L 139, 30.4.2004, p.321);

Commission Decision 2004/595/EC (O.J. No. L 266, 13.8.2004, p.11); and

the European international instruments and Joint Committee Decision 69/96 of 17th July 1998 amending Annex 1 (Veterinary and Phytosanitary matters) to the Agreement on the European Economic Area (O.J. No. L 158, 24.6.99, p.1).

Relevant provisions in that instrument: Articles 16, 17(1), 17(2) and 18.

Captive birds
     6. Instrument: 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 (O.J. No. L 278, 31.10.2000, p.26) as read with or amended by–

Council Directive 92/65/EC;

Commission Decision 2001/383/EC (O.J. No. L 137, 19.5.01, p.28);

Commission Decision 2002/279/EC (O.J. No. L 99, 16.04.02, p.17); and

the European international instruments.

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

Cats, Dogs & Ferrets

     7. Instrument: 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 (O.J. No. L 27, 29.1.2005, p.48), as read with–

Council Directive 92/65/EEC; and

Regulation (EC) No. 998/2003.

Relevant provisions in that instrument: Article 1

Live animals from New Zealand
     8. Instrument: Commission Decision 2003/56/EC on health certificates relating to live animals, their semen, ova and embryos imported from New Zealand (O.J. No. L 22, 25.1.03, p.38) as amended by–

Commission Decision 2004/784/EC (O.J. No. L 346, 23.11.04, p.11).

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

Zootechnical conditions
     9. Instrument: Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure bred breeding animals of the bovine species (O.J. No. L 178, 12.7.94, p.66), as read with–

Commission Decision 96/509/EC (O.J. No. L 210, 20.8.96, p.47); and

Commission Decision 96/510/EC (O.J. No. L 210, 20.8.96, p.53), as amended by Commission Decision 2004/186/EC (O.J. No. L 57, 25.2.2004, p.27).

Relevant provision in that instrument: Article 4.

Finfish and Shellfish from third countries
     10. —(1) Instrument: Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (O.J. No. L 302, 21.11.2003, p.22), as amended by, and as read with–

     Commission Decision 2004/623/EC (O.J. No. L 280, 31.8.2004, p.26);

     Commission Decision 2005/409/EC (O.J. No. L 139, 2.6.2005, p.16); and

     Commission Decision 2006/767/EC (O.J. No. L320, 18.11.206 p.58).

     Relevant provisions in that instrument: Articles 3, 4, 5, 6, 7 and 8.

    (2) Instrument: Commission Decision 2003/858/EC laying down the specific animal health conditions and certification requirements for imports of live fish, their eggs, and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (O.J. L 324, 11.12.2003, p.37.) as amended by, and as read with–

     Commission Decision 2004/914/EC (O.J. No. L 385, 29.12.2004, p.60);

     Commission Decision 2006/680 (O.J. No. L 279, 11.10.2006, p.24); and

     Commission Decision 2006/767/EC (O.J. No. L320, 18.11.2006 p.53)

     Relevant provisions in that instrument: Articles 3, 4, 5, 6, 7, 8 and 9.

Bees
     11. Instrument: 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 (O.J. No. L 328, 17.12.2003, p.26); as amended by Commission Decision 2005/60/EC (O.J. No. L 25, 28.1.2005, p.64), and as read with Council Directive 92/65/EEC and

the European international instruments.

Relevant provisions in that instrument: Articles 1(1), (2), (3) and (4), and Article 2 (pursuant to which the derogations from Articles 1(1), second and third indent, and Articles 1(2) and (3) may be relied on).

(a) a quarantine centre which at least meets the minimum conditions set out in Annex B of the Decision in relation to quarantine centres and quarantine units; and

(b) a quarantine facility which at least meets the minimum conditions set out in Annex B of the Decision in relation to quarantine facilities.

     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–

(a) the transitional arrangements of Part IV apply;

(b) an earlier expiry date is provided for; or

(c) it is revoked under regulation 1(5).

     4. The Scottish Ministers shall give reasons in writing–

(a) for refusing to grant an approval provided for in this Schedule;

(b) for providing that such an approval shall expire earlier than 12 months from the date on which it was granted.

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

(a) state–


(i) the reasons for the revocation, and

(ii) the time and date when it is to take effect;



(b) be served upon the quarantine manager–



(i) in person, or

(ii) by leaving it at the quarantine centre or quarantine facility concerned; or

(iii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned; and



(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.

     7. —(1) The Scottish Ministers may charge fees in accordance with this paragraph.

    (2) The approval administration fee may be charged in relation to the receipt and processing of an application for–

(a) an approval;

(b) the renewal of an approval;

(c) the lifting of the suspension of an approval; and

(d) the lifting of or amendment of conditions attached to an approval.

    (3) The Scottish Ministers shall from time to time determine the approval administration fee for each type of application described in sub paragraph (2)(a) to (d) and shall publish the current fee on the Scottish Executive website.

    (4) The approval administration fee for any type of application shall represent costs and expenses which the Scottish Ministers reasonably consider attributable to the receipt and processing of an application of that type.

    (5) The veterinary inspector's rate may be charged for time spent by a veterinary inspector inspecting premises to assess compliance with the minimum approval conditions.

    (6) The Scottish Ministers may make a charge at no more than the veterinary inspector rate for the purposes of this Part for time spent by a veterinary inspector travelling to or from premises for purposes of inspecting them to assess compliance with minimum approval conditions.

    (7) In this Part –

(a) "approval" means an approval as provided for in regulation 20 and this Schedule;

(b) "approval administration fee" has the meaning given in sub paragraphs (3) and (4); and

(c) "minimum approval conditions" means the minimum conditions referred to in sub paragraphs 2 (a) and (b) of this Part of this Schedule.

(a) in respect of each consignment of the date, number and species of captive birds entering and leaving the quarantine centre or facility;

(b) of individual identification numbers of psittaciformes held at the quarantine centre or quarantine facility;

(c) of any significant observations as to the condition of captive birds during quarantine;

(d) of illness and number of deaths, recorded on a daily basis;

(e) of dates and results of veterinary tests carried out in respect of captive birds during quarantine; and

(f) of names of persons entering the quarantine centre or quarantine facility, including the authority by which entry was gained.

     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.

(a) carrying out official veterinary supervision; and

(b) taking samples required under Article 4 of the Decision or in connection with reaching a suspected or confirmed diagnosis of Chlamydia psittaci as referred to in Article 5 of the Decision.

    (2) Official veterinary supervision means the functions of the official veterinarian described in the Decision, including–

(a) checking that the conditions under which the consignment is placed and in which it remains in quarantine are in accordance with the Decision and the specific requirements in Part II of this Schedule;

(b) inspection of records (whether or not they relate to the consignment concerned);

(c) clinical examination of any captive bird within the quarantine facility or within the quarantine unit at the quarantine centre at which the consignment concerned is placed or remains in quarantine;

(d) any investigation into avian mortality or morbidity in the consignment concerned which the veterinary inspector reasonably considers appropriate in all the circumstances, including such further checks, inspections and clinical examinations in relation to other consignments at the quarantine centre or quarantine facility as the veterinary inspector considers may assist in his investigation.

    (3) The Scottish Ministers may make a charge at no more than the veterinary inspector rate determined for purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises for purposes of official veterinary supervision and taking samples.

Charges for testing and analysis of samples (including post mortem tissue removal)
     2. —(1) The official laboratory shall make the charges set out in sub paragraphs (2) to (5).

    (2) Charges for post mortem tissue removal for purposes of testing–

(a) per batch of four or five birds: £47.30;

(b) per batch of three birds: £44.40;

(c) per batch of two birds: £29.60;

(d) per single bird: £14.80.

    (3) Charges for single virus culture (that is, avian virus isolation in SPF eggs via allantoic cavity for avian influenza virus, Newcastle Disease virus and avian paramyxovirus) in one pool of up to five birds–

(a) of cloacal swab or faeces sample: £53.60;

(b) of tissue samples from post mortem examination: £107.20.

    (4) 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.

    (5) Charges for testing for Chlamydophila Polymerase Chain Reaction–

     per sample tested: £30.00.