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Scottish Statutory Instrument 2000 No. 216
The Animals and Animal Products (Import and Export)
(Scotland) Regulations 2000
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SCOTTISH STATUTORY INSTRUMENTS
2000 No. 216
ANIMALS
The Animals and Animal Products (Import and Export) (Scotland)
Regulations 2000
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Made |
23rd June 2000 |
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Laid before the Scottish Parliament |
27th June 2000 |
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Coming into force |
28th July 2000 |
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The Scottish Ministers, in exercise of the powers conferred on them
by section 2(2) of the European Communities Act 1972[1]
and of all other powers enabling them in that behalf, hereby make the following
Regulations:
Citation, commencement, interpretation and extent
1. - (1) These Regulations may be cited as the Animals and
Animal Products (Import and Export) (Scotland) Regulations 2000 and shall
come into force on 28th July 2000.
(2) In these Regulations, unless the context otherwise
requires, any expressions used have the meaning they bear in Council Directive
90/425/EEC (concerning veterinary and zootechnical checks applicable in
intra-Community trade in certain live animals and products with a view
to the completion of the single market)[2]
and Council Directive 91/496/EEC (laying down the principles governing
the organisation of veterinary checks on animals entering the Community
from third countries)[3],
both of which have been amended by the legislation listed in Schedule 1,
and, for cattle and pigs, Council Directive 64/432 EEC (on health problems
affecting intra-community trade in bovine animals and swine)[4];
"assembly centre" means holdings, collection centres and markets,
at which bovine animals, swine, sheep or goats originating from different
holdings are grouped together to form consignments of animals intended
for intra-Community trade and approved by the Scottish Ministers in accordance
with regulation 12;
"border inspection post" means, in relation to a species of animal,
a place specified in relation to that species in Schedule 2;
"dealer" means any person who buys and sells animals commercially
either directly or indirectly, who has a regular turnover of these animals
and who within 30 days of purchasing animals resells or relocates them
from the first premises to other premises not within his ownership;
"European international instruments" means the Act of Accession
to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom
of Norway and the United Kingdom of Great Britain and Northern Ireland[5],
the Decision on the conclusion of the Agreement on the European Economic
Area between the European Communities, their Member States and the Republic
of Austria, the Republic of Finland, the Republic of Iceland, the Principality
of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the
Swiss Confederation[6]
and the Act concerning the conditions of accession of the Kingdom of Norway,
the Republic of Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustments to the Treaties on which the European Union is founded[7];
"herd" means an animal or group of animals kept as an epidemiological
unit;
"import" means import into Scotland;
"inspector" means a person appointed to be an inspector for the
purposes of these Regulations by the Scottish Ministers or a local authority,
and when used in relation to a person so appointed by the Scottish Ministers
includes a veterinary inspector;
"local authority" means each council constituted under section 2
of the Local Government (Scotland) Act 1994[8];
"place of destination" means the address or addresses to which the
consignment is consigned by the consignor;
"required consignment documentation" means any certificates or other
documents which are required by these Regulations to accompany the consignment;
"veterinary inspector" means a person appointed as a veterinary
inspector by the Scottish Ministers.
(3) Any reference in these Regulations to a Schedule,
unless the context otherwise requires, is a reference to a Schedule to
these Regulations.
(4) Any reference in these Regulations to an instrument
of the European Community is to that instrument as amended at the time
these Regulations are made.
(5) A notice or approval under these Regulations
shall be in writing and may be made subject to conditions and may be amended,
suspended or revoked in writing at any time.
(6) These Regulations extend to Scotland only.
Exception
2. These Regulations shall not apply to veterinary checks on movements
of pets (other than equidae) accompanied by and under the responsibility
of a natural person, where such movements are not the subject of a commercial
transaction.
Enforcement
3. - (1) Except where otherwise expressly provided, these
Regulations shall be executed and enforced by the local authority.
(2) The Scottish Ministers may direct, in relation
to cases of a particular description or a particular case, that any duty
imposed on a local authority under paragraph (1) above shall be discharged
by the Scottish Ministers and not by the local authority.
PART II
INTRA-COMMUNITY TRADE
Application of Part II
4. This Part of these Regulations shall apply to trade between member
States in live animals and all animal products which are the subject of
the Directives and other measures referred to in Part I of Schedule 3,
except aquaculture products for human consumption controlled by Council
Directive 91/67/EEC (concerning the animal health conditions governing
the placing on the market of aquaculture animals and products)[9].
Exports
5. - (1) No person shall export or consign for export to another
member State any animal or animal product controlled under one or more
of the Directives or other measures referred to in Part I of Schedule 3
unless-
(a) it complies with the relevant provisions of those Directives
or measures (including any option permitted by those Directives or measures
which has been exercised by the member State of destination);
(b) when required by a Directive or other measure, it is accompanied
by an export health certificate signed by a veterinary inspector (or, where
specified in a Directive or other measure, signed by a veterinary surgeon
nominated by the exporter) or any other document required by a Directive
or other measure;
(c) when required by a Directive or other measure, 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 Directive
or other measure; and
(d) if the animal is acquired through an assembly centre, that centre
has been approved by the Scottish Ministers for the purposes of intra-Community
trade, and it complies with the provisions of Article 11 of Council Directive
64/432/EEC, and Part I of Schedule 3.
(2) If an inspector has reasonable cause to suspect
that a person in charge of animals or animal products intends to export
them in contravention of this regulation he may by notice served on the
consignor, his representative or person 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) above 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 7, 9 and 10 of 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 Annex A(1) to Council Directive 90/425/EEC)[10]
apply unless the animal originates from a holding which 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.
Imports
6. - (1) No person shall import from another member State
any animal or animal product subject to a Directive or other measure listed
in Part I of Schedule 3 and in free circulation in another member State
unless it complies with the relevant provisions of that Directive or measure
and any additional requirements specified in Part I of Schedule 3.
(2) If an animal is imported for slaughter, the
importer shall ensure that it is slaughtered without undue delay; and if
it is not slaughtered without undue delay, an inspector may by notice served
on the importer, his representative or person in charge of the animals
require the animals to be slaughtered 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 to which it relates and arrange for the requirements of the
notice to be complied with.
Transport of animals and animal products
7. - (1) No person shall transport any animal or animal product
in intra-Community trade unless it is accompanied by the documents required
by Article 3.1.d of Council Directive 90/425/EEC.
(2) No person shall deliver any animal or animal
product imported from another member State other than to the address specified
in the required consignment documentation unless required to do so by means
of a notice served on him by an inspector; and, if an animal or animal
product is delivered to an address other than that specified in the required
consignment documentation and not in compliance with a notice served by
an inspector, an inspector may serve a notice on the person appearing to
him to be in charge of the animal or animal product requiring that person
to transport it, at that person's expense, to the address specified in
the required consignment documentation.
(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) In the case of the transport of cattle or
pigs, the provisions of Part II of Schedule 3 shall have effect, and any
failure to comply with those provisions may lead to a withdrawal of an
authorisation to transport those animals granted under article 12 of the
Welfare of Animals (Transport) Order 1997[11]
in accordance with Schedule 9 of that Order.
Dealers
8. - (1) For the purposes of paragraph (2) below the Scottish
Ministers shall keep a register of dealers engaging in intra-Community
trade who have applied for registration in accordance with that paragraph.
(2) If required to do so by a notice served on
him by the Scottish Ministers, a dealer engaging in intra-Community trade
in animals and animal products shall register as such with the Scottish
Ministers and shall give to him such undertakings as to compliance with
these Regulations as shall be specified in the notice.
(3) Any person who has registered under paragraph
(2) above shall keep a record of all deliveries of animals and, where a
consignment is divided up or subsequently marketed, of the subsequent destination
of the animals, and shall keep such records for 12 months from the arrival
of the consignment.
(4) In the case of dealers in cattle and pigs
the provisions of Part III of Schedule 3 shall have effect instead of paragraphs
(1) to (3) above.
Approval of centres and teams
9. - (1) For the purposes of Articles 5 and 13 of Council
Directive 92/65/EEC, the Scottish Ministers shall approve any body, institute
or centre which has applied for approval in accordance with Article 13
of that Directive and which conforms with the requirements of Annex C to
that Directive.
(2) The Scottish Ministers shall suspend, withdraw
or restore the approval referred to in paragraph (1) above in accordance
with point 3 of Annex C to that Directive.
(3) For the purposes of Article 11 of Council
Directive 92/65/EEC, the Scottish Ministers shall approve any semen collection
centre or embryo collection team which has applied to the Scottish Ministers
for approval in accordance with Article 11 of that Directive and which
meets the conditions applicable to it in respect of approval and the performance
of its duties as required by Article 11 and Annex D to that Directive.
Inspection and checking at destination
10. - (1) A veterinary inspector shall have power to inspect,
at their place of destination, all animals and animal products imported
into Scotland from another member State, so as to ensure that the requirements
(including requirements on documentation) of the relevant provisions of
the Directives or other measures listed in Part I of Schedule 3 and any
additional requirements specified in Part I of Schedule 3 have been complied
with.
(2) An inspector shall have power to inspect anywhere
and at any time all animals and animal products imported from another member
State, as well as all accompanying documents, if he has information leading
him to suspect an infringement of the Directives or other measures listed
in Part I of Schedule 3 and any additional requirements specified in Part
I of Schedule 3.
Duties on consignees
11. - (1) No person shall accept a consignment of animals
or animal products (other than registered horses accompanied by an identification
document provided for by Council Directive 90/427/EEC on the zootechnical
and genealogical conditions governing intra-Community trade in equidae)[12]
unless the importer or consignee has notified to an authorised inspector
in writing, at least 24 hours in advance, the nature of the consignment,
its anticipated date of arrival and the place of destination.
(2) A consignee shall retain all certificates
sent in accordance with these Regulations for 12 months from the date of
arrival.
(3) The authorised inspector in regulation 11(1)
shall be the inspector authorised by the Scottish Ministers to receive
information about the anticipated date of arrival of imported animals or
animal products for the area in which the place of destination is situated.
Assembly centres and slaughterhouses
12. - (1) Any person operating an assembly centre for the
purposes of intra-Community trade in cattle, pigs, sheep or goats shall
do so in accordance with this regulation.
(2) The assembly centre shall be approved by the
Scottish Ministers and given a number, and approval shall only be given
if the Scottish Ministers are satisfied that the centre complies with the
requirements of paragraphs (a) to (d) of Article 11.1 of Council Directive
64/432/EEC.
(3) In the case of cattle or pigs, the operator
shall admit only animals that are identified and come from herds that are
eligible for intra-Community trade.
(4) Where animals are consigned to an approved
assembly centre, the operator of the assembly centre shall-
(a) ensure that no animal is admitted unless it complies with Article
3.1 of Council Directive 90/425/EEC; and
(b) record on a register-
(i) in the case of cattle and pigs, the name of the owner, the registration
number of the transporter and the licence number of the lorry delivering
or collecting animals from the centre;
(ii) in the case of cattle, the origin, date of entry and exit, number
and identification number and the proposed destination as well as the information
in paragraph 4(b)(i) above; and
(iii) in the case of pigs, the registration number of the holding
of origin or of the herd of origin and the proposed destination as well
as the information in paragraph 4(b)(i) above,
and shall preserve the register for a minimum of three years.
(5) Where animals are consigned to a slaughterhouse
under the supervision of an official veterinary surgeon appointed under
the provisions of regulation 8 of the Fresh Meat (Hygiene and Inspection)
Regulations 1995[13]
or regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat
(Hygiene and Inspection) Regulations 1995[14],
the official veterinary surgeon shall ensure that no animal is slaughtered
unless it complies with Article 3.1 of Council Directive 90/425/EEC.
(6) If, in carrying out inspections under the
preceding paragraph, the official veterinary surgeon establishes that animals
imported from another member State are accompanied by incorrect certification
or cannot readily be identified, he shall forthwith notify a veterinary
inspector authorised by the Scottish Ministers to receive such notification,
who shall examine the animals and shall either-
(a) certify that they are fit to be slaughtered and used for their
intended purpose; or
(b) by notice in writing served on the official veterinary surgeon
require the animals to be slaughtered and destroyed or re-exported, in
each case at the expense of the importer.
(7) Where paragraphs (4) and (5) above do not apply,
any person who markets any animal consigned to him from another member
State, or divides up batches of such animals for distribution or marketing-
(a) shall check, before the batch is divided up or marketed, that
all the animals comply with the relevant provisions of the Directives or
other measures listed in Part I of Schedule 3, with respect to identification
marks and required consignment documentation;
(b) shall immediately notify any irregularity or anomaly to a veterinary
inspector authorised by the Scottish Ministers to receive such notification;
and
(c) if there is a breach of Article 3.1.d of Council Directive 90/425/EEC[15],
shall isolate the animals in question until a veterinary inspector authorised
by the Scottish Ministers to do so has authorised their release in writing.
Illegal consignments
13. - (1) If a veterinary inspector knows of or suspects the
presence of agents responsible for a disease referred to in Schedule 4
or of a zoonosis, any other disease or any cause likely to constitute a
serious hazard to animals or humans in animals or animal products imported
from another member State, or that those animals or animal products have
come from a region contaminated by an epizootic disease, he may by notice
served on the person appearing to him to have charge of those animals or
products, require that person-
(a) immediately to detain the imported animal product, imported
animal or any animal which has been in contact with such imported animal
(and, in the case of detained animals, whether imported or animals which
have been in contact with imported animals, keep them isolated from other
animals), at such place as may be specified in the notice, and to take
such further action in relation to them as may be so specified for the
purpose of preventing the introduction or spreading of disease into or
within Scotland; or
(b) without delay, to slaughter them, or slaughter and destroy them,
or cause them to be slaughtered and destroyed, or, in the case of products,
destroy them or cause them to be destroyed, in accordance with such conditions
as may be specified in the notice.
(2) Subject to the provisions of paragraph (3) below,
if an inspector knows or suspects that an animal or animal product does
not comply with the provisions of Article 3 of Council Directive 90/425/EEC,
he may, if animal health and welfare considerations so permit, give the
consignor or his representative or the person appearing to him to have
charge of those animals or products by way of notice the choice of-
(a) where the cause of non-compliance is the presence in animals
of residues in excess of that permitted under regulation 9 of and Schedule
1 to the Animals and Animal Products (Examination for Residues and Maximum
Residue Limits) Regulations 1997[16],
maintaining the animals under supervision until the residue levels fall
to the levels permitted by the legislation and, in the event of the residue
levels not falling to the permitted levels, requiring him to take whatever
action is specified in that legislation;
(b) slaughtering the animals or destroying the products in accordance
with such conditions as may be specified in the notice; or
(c) returning the animals or products to the member State of despatch,
with the authorisation of the competent authority of the member State of
despatch and with prior notification to any member State of transit.
(3) If the consignment fails to comply with legislation
only by reason of irregularity in documentation, an inspector shall not
cause the animals or animal products to be returned to the country of despatch
without first giving the consignor, his representative or the person appearing
to him to have charge of those animals or products a notice requiring him
to produce the required consignment documentation within 7 days and to
detain the animal or animal product in accordance with such conditions
as may be specified in the notice.
(4) In the event of any notice served under this
Regulation 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.
PART III
THIRD COUNTRIES
Application of Part III
14. This Part of these Regulations shall apply in respect of animals
imported into Scotland-
(a) from anywhere except from another part of the United Kingdom
or from another member State; and
(b) from another member State if the animals originated in a country
which is not a member State and all the checks provided for in Council
Directive 91/496/EEC[17]
have not been carried out.
Official veterinarians
15. The Scottish Ministers shall from time to time designate such
veterinary inspectors to act as official veterinarians as shall be necessary
for the purposes of this Part of these Regulations and may revoke such
designation at any time.
Importation
16. - (1) No person shall import any animal-
(a) either for entry into Scotland or for export to another member
State unless the conditions in Article 5 of Council Directive 91/496/EEC
are complied with; or
(b) for immediate re-export, either directly or indirectly, outside
the European Community unless such transit has been previously authorised
in writing by the Scottish Ministers and the conditions in Article 9 of
Council Directive 91/496/EEC have been complied with.
(2) No person shall import any animal except from
a country or territory specified under the Decisions in Part I of Schedule
5.
(3) No person shall import any animal to which
a Directive or Decision listed in Part II of Schedule 5 applies unless
it complies with the relevant provisions of that Directive or Decision
and any additional requirements specified in that Part.
(4) If an animal is imported for slaughter, the
importer shall ensure that it is slaughtered without delay; and if it is
not slaughtered without undue delay, an inspector may by notice served
on the importer, his representative or person in charge of the animals
require the animals to be slaughtered as may be specified in the notice.
(5) In the event of a notice served under paragraph
(4) not being complied with an 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.
Places of import
17. - (1) No person shall import any animal except at a border
inspection post specified in Schedule 2 for that species of animal, except
that animals specified in Schedule 1 to the Rabies (Importation of Dogs,
Cats and Other Mammals) Order 1974[18]
may also be imported at places permitted under that Order.
(2) If animals are imported at any place other
than a place permitted under paragraph (1) above, an inspector may, by
notice in writing, require the person appearing to him to be in charge
of the consignment to detain and isolate the animals in accordance with
the notice and the following provisions of this regulation shall have effect.
(3) Following examination of the animals by a
veterinary inspector, the veterinary inspector may serve a further notice
on the person appearing to him to be in charge of the consignment either
releasing the animals from restriction or requiring the animals to be slaughtered
or slaughtered and destroyed or re-exported outside the European Community.
(4) In the event of a notice served under paragraphs
(2) or (3) above not being complied with, an inspector may seize the animal
or cause it to be seized and arrange for the requirements of the notice
to be complied with.
Import procedure
18. - (1) No person shall import any animal unless he has
given one working day's notice in writing of his 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 his 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 or the animal health conditions applicable to imports
so require, to a quarantine centre as provided for in the second indent
of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC.
(3) No person shall remove any animal from a quarantine
centre or border inspection post unless there has been provided by the
official veterinarian a certificate in the form required under Council
Directive 91/496/EEC that all necessary veterinary checks have been carried
out in accordance with Articles 4.1, 4.2.a, 4.2.b, 4.2.d, 8 and 9 of that
Directive to his satisfaction.
(4) No person shall remove any animal from Customs
temporary storage arrangements-
(a) unless the certificate provided under paragraph (3) above has
been provided by that person to an officer of Her Majesty's Customs and
Excise and the removal has been authorised by that officer; or
(b) to any place other than the address specified in the required
consignment documentation unless he has been required to remove it to another
place by means of a notice served on him by an inspector.
(5) 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 below shall apply as they apply at a border inspection post.
(6) In the event of a notice served under paragraph
(4) or (5) 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.
Payment of fees
19. The official veterinarian shall not authorise the release of
animals from a quarantine centre or border inspection post unless he is
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, the second and third indents of Article 10.1,
Article 10.6 and Article 12.2 of Council Directive 91/496/EEC has been
lodged.
Consignments constituting a danger to health
20. Where checks at the quarantine centre or border inspection post
or the test results referred to in regulation 18(5) above 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.
Illegal consignments
21. - (1) Where checks at the quarantine centre or border
inspection post reveal that the animals do not comply with Article 5 of
Council Directive 91/496/EEC[19]
or Articles 3, 4 or 5 of Council Directive 91/628/EEC[20],
a veterinary inspector shall, by notice served on the person appearing
to him to have charge of those animals, require that person to-
(a) shelter, feed and water and, if necessary, treat the animals;
(b) place them in quarantine or isolate the consignment at such place
as may be specified in the notice, and to take such other action in relation
to the animals as may be necessary for the purpose of preventing the introduction
or spreading of disease into or within Scotland; or
(c) re-dispatch them outside the territory of the European Community,
where animal health or welfare considerations so permit, within such period
as may be specified in the notice.
(2) Before exercising any of the powers in paragraph
(1) above the veterinary inspector shall consult the importer or his representative.
(3) If the animals are re-dispatched in accordance
with paragraph (1)(c) above, the official veterinarian shall cancel the
veterinary certificate or document accompanying the rejected consignment.
(4) If in the opinion of the veterinary inspector
re-dispatch is not possible, in particular for reasons of the welfare of
animals, he shall serve a notice on the person appearing to him to have
charge of the animals in accordance with the following paragraph.
(5) A notice served under the preceding paragraph
may authorise slaughter of the animals for human consumption if the animals
comply with all legislative requirements which must be complied with before
slaughter for human consumption is permitted but, if this is not possible,
shall either-
(a) order the slaughter of the animals for purposes other than human
consumption; or
(b) order the slaughter of the animals or the destruction of the
carcases,
specifying in each case the conditions regarding control of the use
of the products obtained.
(6) In the event of a notice served under paragraph
(1) or (4) 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.
(7) The importer or his representative shall be
liable for the costs incurred in measures under this regulation, but shall
be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22. On their arrival at the place of destination, animals for breeding
and production shall be detained at the premises by the person having control
of those premises, and that person shall not release them from those premises
unless authorised in writing by an authorised officer of the Scottish Ministers.
Post-import controls
23. - (1) Where a veterinary inspector knows or suspects that
import conditions have not been complied with or there is doubt as to the
identity of an animal, he may carry out any veterinary checks on that animal
that he deems appropriate.
(2) If the checks confirm that import conditions
were not complied with, then the provisions of regulation 21 above shall
apply as they apply at a border inspection post and, in the case of the
exercise of a power to place the animals in quarantine or isolate them,
a veterinary inspector may additionally require the placing in quarantine
or isolation of other animals which have been in contact with the imported
animals.
PART IV
IMPORTS WHERE CHECKS HAVE BEEN CARRIED OUT IN ANOTHER MEMBER STATE
Application of Part IV
24. This Part of these Regulations shall apply in respect of animals
imported into Scotland and which originated outside the European Community
but in respect of which all the checks required under Council Directive
91/496/EEC have been carried out in another member State.
Imports
25. No person shall import any animal to which this Part applies
unless it is accompanied by the certificate of examination and the authenticated
copy of the original health certificate issued at the point of importation
into the European Community under Article 7.1 of Council Directive 91/496/EEC.
Import procedure
26. The provisions of regulations 7 to 13, 16(2) and (3), 22 and
23 of these Regulations shall apply in relation to animals to which this
Part applies.
PART V
GENERAL
Outbreaks of disease in other states
27. - (1) This regulation shall apply where the Scottish Ministers
learn of or have reasonable grounds to suspect, either under the procedures
set out in Article 10 of Council Directive 90/425/EEC[21]
or Article 18 of Council Directive 91/496/EEC, or through any other means,
the presence in any other state of a disease referred to in Schedule 4,
a zoonosis or any other disease or phenomenon liable to present a serious
threat to public or animal health.
(2) In the circumstances described in paragraph
(1) above, the Scottish Ministers may, for the purpose of preventing the
introduction or spreading of disease into or within Scotland, by a declaration
to be published in such manner as they think fit, give notice of the existence
in another state of any disease or zoonosis or other cause likely to constitute
a serious hazard, the area subject to the outbreak, and the types of animal
or animal product affected.
(3) Upon such declaration being made, the entry
into Scotland of any animal or animal product which is the subject of the
declaration shall be in breach of the conditions of import in these Regulations
unless it satisfies such conditions as may be specified in the declaration.
(4) A declaration made under this regulation may
specify conditions under which the animal or animal product which is the
subject of the declaration may be imported.
Notification of decisions
28. If the consignor or his representative, or the importer or his
representative, so requests, any decision taken refusing entry or varying
the conditions of entry shall be forwarded to him in writing by the person
taking the decision, giving the reasons for the decision and the details
of his right of appeal against the decision, including the relevant time
limits.
Powers of inspectors
29. - (1) Subject to regulation 10 above, an inspector shall,
on producing, if required to do so, some duly authenticated document showing
his authority, have the right at all reasonable hours to enter any land
or premises for the purposes of ascertaining whether there is or has been
on the premises any contravention of these Regulations; and in this regulation
"premises" includes any place, installation, vehicle, ship, vessel, boat,
craft, hovercraft or aircraft.
(2) An inspector shall have powers to carry out
all checks and examinations necessary for the enforcement of Council Directive
90/425/EEC and Council Directive 91/496/EEC, and in particular may-
(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 him a representative of the European Commission acting
for the purposes of Council Directives 90/425/EEC or 91/496/EEC.
Recovery of expenses
30. The consignor, his representative and the person in charge of
any animals or animal product shall be jointly and severally liable for
any reasonable expenses arising out of or in connection with the exercise
of any power conferred on an inspector by these Regulations relating to
those animals or animal products.
Obstruction
31. - (1) No person shall-
(a) intentionally obstruct any person acting in the execution of
these Regulations;
(b) without reasonable cause, fail to give to any person acting in
the execution of these Regulations any assistance or information which
that person may reasonably require of him for the purposes of his functions
under these Regulations; or
(c) furnish to any person acting in the execution of these Regulations
any information which he knows to be false or misleading.
(2) Nothing in paragraph (1)(b) above shall be construed
as requiring any person to answer any question or give any information
if to do so might incriminate him.
Offences by bodies corporate
32. - (1) Where a body corporate is guilty of an offence under
these Regulations, and that offence is proved to have been committed with
the consent or connivance of, or to have been attributable to any neglect
on the part of-
(a) any director, manager, secretary or other similar officer of
the body corporate; or
(b) any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and
be liable to be proceeded against and punished accordingly.
(2) For the purposes of paragraph (1) above, "director"
in relation to a body corporate whose affairs are managed by its members,
means a member of the body corporate.
(3) Where an offence under these Regulations is
committed by a Scottish partnership and is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect
on the part of, a partner, he as well as the partnership shall be deemed
to be guilty of that offence and be liable to be proceeded against and
punished accordingly.
Penalties
33. - (1) A person contravening any provision of these Regulations
or any notice served under them shall be guilty of an offence.
(2) 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.
(3) A person guilty of any other offence under
these Regulations shall be liable-
(a) on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment not exceeding three months or to both; or
(b) on conviction on indictment, to a fine or to imprisonment for
a term not exceeding two years or to both.
Disapplication of provisions
34. The provisions of the legislation listed in Schedule 6 shall
not apply to imports from another member State of animals and animal products
to which a Directive or other measure referred to in Part I of Schedule
3 applies, or to imports of an animal to which a Directive or other measure
referred to in Schedule 5 applies from the country subject to that Directive
or other measure, to the extent specified in column 3 of Schedule 6.
Revocations
35. The Animals and Animal Products (Import and Export) Regulations
1998[22]
are revoked.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
23rd June 2000
SCHEDULE 1
Regulation 1(2)
AMENDMENTS TO COUNCIL DIRECTIVES 90/425/EEC AND 91/496/EEC
1. Council Directive 90/425/EEC (O.J. L
224, 18.8.90, p.29) as amended by, and as read with:
Council Directive 90/539/EEC (O.J. No. L 303, 31.10.90, p.6);
Council Directive 90/667/EEC (O.J. No. L 363, 27.12.90, p.51);
Council Directive 90/675/EEC (O.J. No. L 373, 31.12.90, p.1);
Council Directive 91/67/EEC (O.J. No. L 46, 19.2.91, p1);
Council Directive 91/68/EEC (O.J. No. L 46, 19.2.91, p19);
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); and
Council Directive 97/78/EC (O.J. No. L 24, 30.1.98, p.9),
and as read with the European international instruments.
2. Council Directive 91/496/EEC (O.J. L 268,
24.9.91, p.56) as amended by, and as read with:
Council Directive 89/662/EEC (O.J. No. L 395, 30.12.1989, p.13);
Council Directive 90/424/EEC (O.J. No. L 224, 18.08.1990, p.19);
Council Directive 90/425/EEC (O.J. No. L 224, 18.08.1990, p.29);
Council Directive 91/628/EEC (O.J. No. L 340, 11.12.91, p.17);
Commission Decision 92/424/EEC (O.J. No. L 232, 14.8.92, p.34);
Commission Decision 92/432/EEC (O.J. No. L 237, 20.8.92, p.29);
Council Decision 92/438/EEC (O.J. No. L 243, 25.8.92, p.27);
Commission Decision 92/527/EEC (O.J. No. L 332, 18.11.92, p.22);
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); and
Commission Decision 97/794/EC (O.J. No. L 323, 26.11.97, p.31-36),
and as read with the European international instruments.
SCHEDULE 2
Regulations 1(2) and 17(1)
BORDER INSPECTION POSTS[23]
Border inspection post |
Animals which may be imported |
|
|
Glasgow Airport |
All animals other than ungulates (i) |
(i) Ungulates include registered equidae as defined in Council Directive
90/426/EEC (O.J. No. L 224, 18.8.90, p.42) (as amended).
SCHEDULE 3
Regulations 4, 5(1), 6, 10, 12(4)(a), 29(2)(b) and 34
PART 1
LEGISLATION ON INTRA-AREA TRADE
1. Council Directive 64/432/EEC on health
problems affecting intra-Community trade in bovine animals and swine as
replaced by the Annex to Council Directive 97/12/EC (O.J. No. L 109, 25.4.97,
p.1).
Council Directive 97/12/EC and Council Directive 64/432/EEC have
been amended by:
Commission Decision 90/208/EEC (O.J. No. L 108, 28.4.90, p.102);
Commission Decision 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);
Commission Decision 91/52/EEC (O.J. No. L 34, 6.2.91, p.12);
Commission Decision 95/108/EC (O.J. No. L 79, 7.4.95, p.29);
Commission Decision 95/109/EC (O.J. No. L 79, 7.4.95, p.32);
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 98/362/EC (O.J. No. L 163, 6.6.98, p.48);
Commission Decision 98/548/EC (O.J. No. L 263, 26.9.98, p.35);
Commission Decision 98/621/EC (O.J. No. L 296, 5.11.98. p15);
Commission Decision 99/384/EC (O.J. No. L 146, 11.6.99, p. 52);
Commission Decision 99/399/EC (O.J. No. L 150, 17.6.99, p.32); and
Commission Decision 99/579/EC (O.J. No. L 219, 19.8.99, p.53),
Relevant provisions: 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.
(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, Denmark, Finland
and Sweden and those regions of France and Germany specified in Commission
Decisions amending Decision 93/24/EEC[24]
must contain the statement: "Pigs in accordance with Commission Decision
93/24/EEC of 11 December 1992 concerning Aujeszky's disease. In the case
of pigs for breeding, the test used was the whole virus ELISA/ELISA for
g1 antibodies (delete where applicable)".
(d) In the event of the prohibition on the export of cattle from
Scotland imposed by Commission Decision 98/256/EC on emergency measures
to protect against Bovine Spongiform Encephalopathy (O.J. No. L 113, 15.4.98,
p.32) being revoked so as to allow the despatch of cattle from Great Britain
to another member State or a third country, the official health certificate
accompanying all cattle exported from Scotland to Denmark or Finland must
contain the statement: "Bovines in accordance with Commission Decision
93/42/EEC of 21st December 1992 concerning IBR for bovines being sent to
Member States or Regions listed in the Annex to the said Decision".
(e) In the event of the prohibition on the export of cattle from
Great Britain imposed by Commission Decision 98/256/EC on emergency measures
to protect against Bovine Spongiform Encephalopathy (O.J. No. L 113, 15.4.98,
p.32) being revoked so as to allow the despatch of cattle from England
or Wales to another member State or a third country, the official health
certificate accompanying all cattle exported from Scotland to Austria and
Sweden must contain the statement: "Bovines in accordance with Commission
Decision 95/109/EC".
(f) In accordance with Commission Decision 95/108/EC the importation
into Scotland from the Italian region of Sardinia of animals of the suidae
family is prohibited.
Bovine semen
2. 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:
Council Directive 90/120/EEC (O.J. No. L71, 17.3.90, p.37);
Council Directive 90/425/EEC ((O.J. No. L 224, 18.8.90, p.29); and
Council Directive 93/60/EEC (O.J. No. L 186, 28.7.93, p.28),
and as read with the European international instruments.
Relevant provisions: Articles 3, 4.1 and 6.
Bovine embryos
3. 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. L302, 19.10.1989, p. 1), as amended by, and as read with:
Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);
Commission Decision 92/290/EEC (O.J. No. L 152, 4.6.92, p.37);
Council Directive 93/52/EEC (O.J. No. L 175, 19.7.93, p.21); and
Commission Decision 94/113/EC (O.J. No. L 53, 24.2.94, p.23),
and as read with the European international instruments.
Relevant provisions: Articles 3 and 6.
Equidae
4. 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 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); and
Commission Decision 92/130/EEC (O.J. No. L 47, 22.2.92, p.26),
and as read with the European international instruments.
Relevant provisions: Articles 4, 5, 7.1, 7.2 and 8.
(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 accompanied by an identification document provided for in Council
Directive 90/427/EEC (O.J. No. L 224, 18.8.90, p.55).
(b) The derogation permitted under Article 7.2 shall not apply in
relation to equidae brought into Scotland.
Porcine semen
5. 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 read with the European international instruments.
Relevant provisions: Articles 3, 4.1, 4.2 and 6.1.
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. 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 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);
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 92/340/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);
The Act concerning the conditions of accession of the Kingdom of
Norway, the Republic of Austria, the Republic of Finland and the Kingdom
of Sweden and the adjustments to the Treaties on which the European Union
is founded (O.J. No. C241, 29.8.94, p.21);
Commission Decision 95/160/EC (O.J. No. L 105, 9.5.95, p.40);
Commission Decision 95/161/EC (O.J. No. L 05, 9.5.95, p.44);
Council Decision 95/410/EC (O.J. No. L 243, 11.10.95, p.25);
Commission Decision 97/278/EC (O.J. No. L 110, 26.4.97, p.77); and
Council Directive 99/90/EC (O.J. No. L 300, 23.11.1999, p.19). effective
date 1.7.2000,
as read with the European international instruments.
Relevant provisions: Articles 6 to 11, 12.1 and 15 to 17.
(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 95/160/EC of 21 April 1995.
(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 95/160/EC of 21 April 1995.
(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 95/161/EC of 21 April 1995.
(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 22 June 1995.
Animal waste
7. Council Directive 90/667/EEC laying
down the veterinary rules for the disposal and processing of animal waste,
for its placing on the market and for the prevention of pathogens in feeding
stuffs of animal or fish origins (O.J. No. L 363, 27.12.90, p.51) as amended
by, and as read with:
Council Directive 92/118/EEC (O.J. No. L 62, 15.3.93, p.49) 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, as amended
by Decision 95/339/EC, 94/466/EC, 96/103/EC, 95/338/EC, 94/723, 96/340/EC,
96/405/EC and 96/90/EC (O.J. No. L 62, 15.3.93, p.49);
Commission Decision 92/562/EEC (O.J. No. L 359, 9.12.92, p.23);
Commission Decision 97/735/EC (O.J. No. L 294, 28.10.97, p.7); and
Commission Decision 99/534/EC (O.J. No. L 204, 4.8.99, p.37),
and as read with the European international instruments.
Relevant provisions: Articles 3, 5 and 15.
FISH
Farmed fish
8. - (1) 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 92/528/EEC (O.J. No. L 332, 18.11. 92, p.25);
Commission Decision 92/538/EEC (O.J. No. L 347, 28.11.92, p.67)
(as amended by
Commission Decision 94/817/EC (O.J. No. L 337, 24.12.94, p.88));
Commission Decision 93/22/EEC (O.J. No. L 16, 25.1.93, p.8);
Commission Decision 93/39/EEC (O.J. No. L 16, 25.1.93, p.46);
Commission Decision 93/40/EEC (O.J. No. L 16, 25.1.93, p.47);
Commission Decision 93/44/EEC (O.J. No. L 16, 25.1.93, p.53) (as
amended by Commission Decision 94/865/EC (O.J. No. L 352, 31.12.94, p.75));
Council Directive 93/54/EEC (O.J. No. L 175, 19.7.93, p.34) insofar
as it applies to exports;
Commission Decision 93/55/EEC (O.J. No. L 14, 22.1.93, p.24) (as
amended by Commission Decision 93/169/EC (O.J. No. L 71, 24.3.93, p.16));
Commission Decision 93/56/EEC (O.J. No. L 14, 22.1.93, p.25);
Commission Decision 93/57/EEC (O.J. No. L 14, 22.1.93, p.26);
Commission Decision 93/58/EEC (O.J. No. L 14, 22.1.93, p.27);
Commission Decision 93/59/EEC (O.J. No. L 14, 22.1.93, p.28);
Commission Decision 93/73/EEC (O.J. No. L 27, 4.2.93, p.34) (as
amended by Commission Decision 97/804/EC (O.J. No. L 329, 29.11.97, p.70));
Commission Decision 93/74/EEC (O.J. No. L 27, 4.2.93, p.35) (as
amended by Commission Decision 94/450/EC (O.J. No. L 187, 22.7.94, p.8),
Commission Decision 96/218/EC (O.J. No. L 74, 22.3.96, p.42) and Commission
Decision 99/489/EC (O.J. No. L 190, 23.7.99, p.41));
Commission Decision 94/862/EC (O.J. No. L 352, 31.12.94, p.72);
Commission Decision 94/863/EC (O.J. No. L 352, 31.12.94, p.73);
Commission Decision 94/864/EC (O.J. No. L 352, 31.12.94, p.74);
Commission Decision 95/336/EC (O.J. No. L 195, 18.8.95, p.26);
Commission Decision 95/352/EC (O.J. No. L 204, 30.8.95, p.13);
Commission Decision 95/124/EC (O.J. No. L 84, 14.4.95, p.6) (as
amended by Commission Decision 96/265/EC (O.J. No. L 91, 12.4.96, p.72),
Commission Decision 97/228/EC (O.J. No. L 91, 5.4.97, p.35), Commission
Decision 99/521/EC (O.J. No. L 199, 30.7.99, p.73), Commission Decision
2000/173/EC (O.J. No. L 55, 29.2.2000, p.74) and Commission Decision 2000/312/EC
(O.J. No. L 209, 29.4.2000, p.80));
Commission Decision 95/125/EC (O.J. No. L 84, 14.4.95, p.8) (as
amended by Commission Decision 95/481/EC (O.J. No. L 275, 18.11.95, p.26)
and Commission Decision 99/550/EC (O.J. No. L 209, 7.8.99, p.39));
Commission Decision 95/470/EC (O.J. No. L 269, 11.11.95, p.28);
Commission Decision 95/473/EC (O.J. No. L 269, 11.11.95, p.31) (as
amended by Commission Decision 96/289/EC (O.J. No. L 109, 3.5.96, p.23),
Commission Decision 97/227/EC (O.J. No. L 91, 5.4.97, p.33), Commission
Decision 99/556/EC (O.J. No. L 211, 11.8.99, p.50) and Commission Decision
2000/172/EC (O.J. No. L 55, 29.2.2000, p.71));
Commission Decision 95/479/EC (O.J. No. L 275, 18.11.95, p.23);
Commission Decision 96/94/EC (O.J. No. L 21, 21.1.96, p.73);
Commission Decision 96/233/EC (O.J. No. L 77, 27.3.96, p.33) (as
amended by Commission Decision 97/234/EC (O.J. No. L 94, 9.4.97, p.15)
and Commission Decision 99/512 (O.J. No. L 195, 28.7.99, p.37));
Commission Decision 96/490/EC (O.J. No. L 202, 10.8.96, p.21);
Commission Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.31);
Commission Decision 97/185/EC (O.J. No. L 77, 19.3.97, p.31);
Commission Decision 98/357/EC (O.J. No. L 162, 5.6.98, p.42);
Commission Decision 98/359/EC (O.J. No. L 163, 6.6.98, p.43);
Commission Decision 98/361/EC (O.J. No. L 163, 6.6.98, p.46) (as
amended by Commission Decision 99/513/EC (O.J. No. L 195, 28.7.99, p.39),
Commission Decision 2000/187/EC (O.J. No. L 59, 4.3.2000, p.14) and Commission
Decision 2000/311/EC (O.J. No. L 104, 29.4.2000, p.77));
Commission Decision 98/395/EC (O.J. No. L 176, 20.6.98, p.30);
Commission 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 2000/171/EC (O.J. No. L 55, 29.2.2000, p.70);
Commission Decision 2000/173/EC (O.J. No. L 55, 29.2.2000, p.74);
Commission Decision 2000/174/EC (O.J. No. L 55, 29.2.2000, p.77);
Commission Decision 2000/188/EC (O.J. No. L 59, 4.3.2000, p.17);
Commission Decision 2000/310/EC (O.J. No. L 104, 29.4.2000, p.76);
and
Commission Decision 2000/312/EC (O.J. No. L 104 29.4.2000, p.80),
and as read with the European international instruments.
Relevant provisions: The following provisions in so far as they
apply to live fish and gametes: Articles 3, 4, 7 to 11, 14 and 16.
(a) Aquaculture animals and products from Iceland and Norway to
which Directive 91/67/EEC applies must be imported at a border inspection
post.
(b) In accordance with the derogation in paragraph 8 of Annex 1 of
the Decision on the conclusion of the Agreement on the European Economic
Area between the European Communities, their Member States and the Republic
of Austria, the Republic of Finland, the Republic of Iceland, the Principality
of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the
Swiss Confederation the provisions of Directive 91/67/EEC shall not apply
to imports of live fish and crustaceans as well as eggs and gametes of
fish and crustaceans for farming or restocking which come from Iceland
or Norway. Great Britain shall retain existing national measures in respect
of imports of these animals and animal products.
(2) Fish other than farmed fish.
Council Directive 91/493/EEC laying down the health conditions for
the production and the 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 95/71/EC (O.J. No. L 332, 30.12.95, p.40); and
Council Directive 92/48/EEC (O.J. No. L 187, 7.7.92, p.41), laying
down 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.
Relevant provisions: Article 4 of Council Directive 91/493/EEC.
(3) Live bivalve molluscs.
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, 24.9.9.91, p.1), as amended by, and as read with Council Directive
97/61/EC (O.J. No. L 295, 29.10.97, p.35).
Relevant provisions: Articles 3(1) a-i, 3(2), 4, 7, 8 and 9.
Ovine and caprine animals
9. 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 read with:
Council Directive 90/425/EEC (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);
Commission Decision 93/52/EEC (O.J. No. L 13, 21.1.93, p.14);
Commission Decision 94/164/EEC (O.J. No. L 74, 17.3.94, p.42);
Commission Decision 94/877/EC (O.J. No. L 352, 31.12.94, p.102);
Commission Decision 94/953/EEC (O.J. No. L 371, 31.12.94, p.14);
Commission Decision 94/965/EEC (O.J. No. L 371, 31.12.94, p.31);
Commission Decision 94/972/EEC (O.J. No. L 371, 31.12.94, p.48);
and
Commission Decision 97/315/EC (O.J. No. L 137, 28.5.97, p.20),
as read with the European international instruments.
Relevant provisions: Articles 4, 5, 6 and 9.
(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. 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); and
Commission Decision 95/483/EC (O.J. No. L 275, 18.11.95, p.30),
as read with 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).
Relevant provisions: Articles 3 to 9, 10.1, 10.2 (only insofar as
it concerns exports) and 11 to 13.
(a) 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.
(b) 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.
(c) 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. 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 224, 18.8.90, p.29.
Relevant provisions: Articles 6 and 7.1.
Pure-bred animals of the bovine species
12. Council Directive 77/504/EEC on pure-bred
breeding animals of the bovine species (O.J. No. L 06, 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 91, 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); and
Commission Decision 96/510/EC (O.J. No. L 210, 20.08.96, p.53),
and as read with the European international instruments.
Relevant provisions: Articles 5 and 7.
Breeding animals of the porcine species
13. 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); and
Commission Decision 96/510/EC (O.J. No. 210, 20.8.96, p.53),
and as read with the European international instruments.
Relevant provisions: Articles 2.2, 5, 7.2 and 9.
Pure-bred breeding sheep and goats
14. 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); and
Commission Decision 96/510/EC (O.J. No. L 210, 20.8.96, p.53),
and as read with the European international instruments.
Relevant provisions: Articles 3.2 and 6.
Equidae
15. Council Directive 90/427/EEC on the
zootechnical and genealogical conditions governing intra-Community trade
in equidae (O.J. No. L 224, 18.8.1990, p.55), as amended by, and as read
with:
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);
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 96/79/EC (O.J.. No. L 19, 25.1.96, p.41); and
Commission Decision 96/510/EC (O.J.. No. L 210, 20.8.96, p.53),
and as read with the European international instruments.
Relevant provisions: Articles 6 and 8.
PART II
Regulation 7(4)
ADDITIONAL REQUIREMENTS FOR THE TRANSPORT OF CATTLE AND PIGS
1. Any person transporting cattle or pigs
in intra-Community trade shall do so in accordance with this Part.
2. He shall, for each vehicle used for the
transport of those animals, keep a register containing the following information,
and shall keep the register for three years-
(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. He 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. He 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 he 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. He shall give a written undertaking to
the Scottish Ministers stating that-
(a) all measures have been taken to ensure compliance with Council
Directive 64/432/EEC as amended, and in particular the provisions laid
down in Article 12 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.
PART III
Regulation 8(4)
ADDITIONAL REQUIREMENTS FOR DEALERS IN CATTLE AND PIGS
1. Every dealer in cattle or pigs engaging
in intra-Community trade in cattle or pigs shall comply with the provisions
of this Part.
2. The dealer shall-
(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 he only
imports or exports animals that are identified and 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 of Article 13.1(a), of Council Directive
64/432/EEC.
4. The dealer shall keep a record for all
cattle and pigs which he imports or exports, either on the basis of identification
numbers or marks on the animals, and keep the record for three 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 of bovine animals;
(e) the registration number of the holding of origin or the herd
of origin of pigs;
(f) the registration number of the transporter or the licence number
of the lorry delivering and collecting animals;
(g) the name and address of the buyer and the destination of the
animals; and
(h) copies of route plans and numbers of health certificates.
5. In the case of a dealer who keeps animals
on his premises, he shall ensure that-
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 Article 13.2 of Council Directive 64/432/EEC.
SCHEDULE 4
Regulations 13(1) and 27(1)
LIST OF DISEASES
Peste des petits ruminants
Viral equine encephalomyelitis
Contagious bovine pleuropneumonia
Bovine spongiform encephalopathy
Infectious haematopoietic necrosis
SCHEDULE 5
Regulations 16(2) and (3), 18(2) and 34
COMMUNITY LEGISLATION ON THIRD COUNTRIES
PART I
Third countries from which member States may authorise certain imports
1. - (1) Council Decision 79/542/EEC
drawing up a list of third countries from which the member States authorise
imports of bovine animals, swine, equidae, sheep and goats, fresh meat
and meat products (O.J. No. L 146, 14.6.79, p.15), as amended by and as
read with:
Commission Decision 92/160/EEC (O.J. No. L 71, 18.3.92, p.27);
Commission Decision 92/161/EEC (O.J. No. L 71, 18.3.92, p.29);
Commission Decision 93/100/EEC (O.J. No. L 40, 17.2.93, p.23);
Commission Decision 93/344/EEC (O.J. No. L 138, 9.6.93, p.11);
Commission Decision 95/536/EC (O.J. No. L 304, 16.12.95, p.49):
Commission Decision 96/279/EC (O.J. No. L 107, 30.4.96, p.1);
Commission Decision 96/624/EC (O.J. No. L 279, 31.10.96, p.33);
Commission Decision 97/10/EC (O.J. No. L 3, 7.1.97, p.9);
Commission Decision 97/160/EC (O.J. No. L 62, 4.3.97, p.39);
Commission Decision 97/350/EC (O.J. No. L 150, 7.6.97, p.44);
Commission Decision 97/685/EC (O.J. No. L 287, 21.10.97, p.54);
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, 31.2.99, p.13);
Commission Decision 99/558/EC (O.J. No. L 211, 11.8.99, p.53);
Commission Decision 99/759/EC (O.J. No. L 300, 23.11.99, p.30);
and
Commission Decision 00/02/EC (O.J. No. L 1, 4.1.00, p.17-19).
(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 96/619/EC (O.J. No. L 276, 29.10.96, p.18);
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);
and
Commission Decision 97/183/EC (O.J. No. L 76, 18.3.97, p. 32).
(3) Commission Decision 97/232/EC drawing up lists
of third countries from which the member States authorise imports of sheep
and goats (O.J. No. L 93, 8.4.97, p.43), as amended by, and as read with
Commission Decision 99/541/EC (O.J. No. L 207, 6.8.99, p.31).
PART II
DETAILED PROVISIONS
Bovine, ovine and caprine animals and swine from third countries
1. Council Directive 72/462/EEC on health
and veterinary inspection problems upon importation of bovine, ovine and
caprine animals and swine, and fresh meat or meat products from third countries
(O.J. L 302, 31.12.72, p.28), as amended by, and as read with:
Council Directive 90/423/EEC (O.J. No. L 224, 18.8.90, p.13);
Council Directive 90/425/EEC (O.J. No. L 224, 18.8.90, p.29);
Council Directive 91/69/EEC (O.J. No. L 46, 19.2.91, p.37);
Council Directive 91/496/EEC (O.J. No. L 268, 24.9.91, p.56);
Council Directive 91/688/EEC (O.J. No. L 377, 31.12.91, p.18); and
Commission Decision 98/372/EC (O.J. No. L 170, 16.6.98, p.16) as
amended by Commission Decision 98/505/EC and Commission Decision 99/539/EC)
as read with Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11),
and as read with the European international instruments.
Relevant provisions: Articles 6, 10, 11 and 13.
Bovine and porcine animals from Canada
2. Commission Decision 83/494/EEC concerning
animal health conditions and veterinary certification for the importation
of domestic animals of the bovine and porcine species from Canada (O.J.
No. L 273, 6.10.83, p.37) as amended by, and as read with:
Commission Decision 84/421/EEC (O.J. No. L 237, 5.9.84, p.14); and
Commission Decision 88/212/EEC (O.J. No. L 95, 13.4.88, p.21).
(a) The official health certification accompanying all cattle imported
into Scotland from Canada must state that the animals do not originate
from herds in the geographic region of the Okanagan Valley in British Columbia
as defined by Commission Decision 88/212/EEC on health protection measures
concerning bluetongue in respect of Canada (O.J. No. L 95, 13.4.88, p.21).
(b) The official health certification accompanying all swine imported
into Scotland from Canada must state that the animals comply with the requirements
of Commission Decision 93/24/EEC of 11 December 1992 concerning additional
guarantees relating to Aujeszky's disease for pigs destined to member States
or regions free of the disease (O.J. No. L 16, 25.1.93, p.16).
(c) The importation of cattle from herds in which not all bovines
over 24 months old have been tested negative for enzootic bovine leukosis
within the twelve months prior to the date of export from Canada is permitted
subject to the following provisions:
(i) in the case of females, the animals must have been non-pregnant
at the time of entry into pre-export isolation and at the time of loading
for export;
(ii) in the case of bulls not intended for direct entry into semen
collection centres, and in the case of females, the animals must be at
least 18 months old at the time of loading for export and must undergo
six months isolation following importation;
(iii) in the case of bulls intended for direct entry into a semen
collection centre, the animals must undergo nine months isolation following
importation.
Relevant provisions: Articles 1 and 3.
Equidae
General
3. 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 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); and
Commission Decision 96/81/EC (O.J. No. L 19, 25.1.96, p.53),
as read with the European international instruments.
Relevant provisions: Articles 11, 12.1, 13 to 16 and 18.
Temporary admission of registered horses
4. Commission Decision 92/260/EEC (O.J.
No. L 130, 15.5.92, p.67);
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 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 96/486/EC (O.J. No. L 198, 8.8.96, p.49);
Commission Decision 97/10/EC (O.J. No. L 3, 7.1.97, p.9);
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); and
Commission Decision 99/613/EC (O.J. No. L 24,15.9.99, p.12),
and as read with the European international instruments.
Relevant provisions: Article 1.
Registered horses for racing, etc.
5. 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 95/461/EC (O.J. No. L 265, 8.11.95, p.40);
Commission Decision 96/279/EC (O.J. No. L 107, 30.4.96, p.1);
Commission Decision 96/486/EC (O.J. No. L 198, 8.8.96, p.49);
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); and
Commission Decision 99/558/EC (O.J. No. L 211, 11.8.99, p.53),
and as read with the European international instruments.
Relevant provisions: Article 1.
Equidae for slaughter
6. 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:
Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11);
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 96/486/EC (O.J. No. L 198, 8.8.96, p.49);
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); and
Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77),
and as read with the European international instruments.
Relevant provisions: Article 1.
Equidae for breeding and production
7. 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. L86, 6.4.93,
p. 16), as amended by:
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 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 96/486/EC (O.J. No. L 198, 8.8.96, p.49);
Commission Decision 97/10/EC (O.J. No. L 3, 7.1.97, p.9);
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); and
Commission Decision 99/613/EC (O.J. No. L 243, 15.9.99, p.12),
and as read with the European international instruments.
Relevant provisions: Article 1.
Poultry
8. 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 92/340/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);
Commission Decision 96/482/EC (O.J. No. L 196, 7.8.96, p.13-27);
Commission Decision 96/483/EC (O.J. No. L 196, 7.8.96, p.28-29);
and
Commission Decision 96/628/EC (O.J. No. L 282, 1.11.93, p.73-74),
as read with the European international instruments.
Relevant provisions: Articles 20, 21.1, 22.1, 23, 24, 27.2 and 28.
Other specified animals
9. 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 127, 24.5.95, p.23), 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 Economics Area (O.J. No. L 158, 24.6.99,
p.1).
Relevant provisions: Articles 17.1, 17.2 and 18.
Bovine and porcine animals from Hungary, Poland, Bulgaria, Romania,
Latvia, Slovenia, Lithuania, Estonia, Croatia, the Slovak Republic and
the Czech Republic
10. Commission Decision 98/372/EC concerning
animal health conditions and veterinary certificates for the import of
live animals of the bovine and porcine species from Hungary, Poland, Bulgaria,
Romania, Latvia, Slovenia, Lithuania, Estonia, Croatia, the Slovak Republic
and the Czech Republic (O.J. No. L 170, 16.6.98, p.34) as amended by, and
as read with, Commission Decision 99/539/EC (O.J. No. L 207, 6.8.99, p.26).
Relevant provisions: Articles 2 and 3.
The official health certification accompanying all swine imported
into Scotland from the above countries must state that the animals comply
with the requirements of Commission Decision 93/24/EEC of 11 December 1992
concerning additional guarantees relating to Aujeszky's disease for pigs
destined to member States or regions free of the disease (O.J. No. L 16,
25.1.93, p.16).
Bovine and porcine animals from Switzerland
11. Commission Decision 92/460/EEC concerning
animal health conditions and veterinary certificates for the import of
domestic animals of the bovine and porcine species from Switzerland (O.J.
No. L 261, 7.9.92, p1).
Relevant provisions: Articles 2, 3 and 4.
The official health certification accompanying all swine imported
into Scotland from Switzerland must state that the animals comply with
the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning
additional guarantees relating to Aujeszky's disease for pigs destined
to member States or regions free of the disease (O.J. No. L 16, 25.1.93,
p.16).
Bovine and porcine animals from Iceland
12. Commission Decision 92/463/EEC concerning
animal health conditions and veterinary certificates for the import of
domestic animals of the bovine and porcine species from Iceland (O.J. No.
L 261, 7.9.92, p50).
Relevant provisions: Article 1.4.
The official health certification accompanying all swine imported
into Scotland from Iceland must state that the animals comply with the
requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning
additional guarantees relating to Aujeszky's disease for pigs destined
to member States or regions free of the disease (O.J. No. L 16, 25.1.93,
p.16).
Ovine and caprine animals
13. Commission Decision 93/198/EEC laying
down a model for the animal health conditions and veterinary certification
for the importation of domestic ovine and caprine animals from third countries
(O.J. No. L 86, 6.4.93, p.34), as amended by:
Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11);
Commission Decision 97/231/EC (O.J. No. L 93, 8.4.97, p.22); and
Commission Decision 97/232/EC (O.J. No. L 93, 8.4.97, p.43-46),
and as read with the European international instruments.
Relevant provisions: Article 1.
Live animals in relation to foot-and-mouth disease
14. Commission Decision 93/242/EEC concerning
the importation into the Community of certain live animals and their products
originating from certain European countries in relation to foot-and-mouth
disease (O.J. No. L 110, 4.5.93, p.36), as amended by, and as read with:
Commission Decision 94/81/EC (O.J. No. L 40, 11.2.94, p.58);
Commission Decision 95/295/EC (O.J. No. L 182, 2.8.95, p.30);
Commission Decision 96/730/EC (O.J. No. L 331, 20.12.96, p.49);
and
Commission Decision 97/782/EC (O.J. No. L 319, 21.11.97, p.16).
Relevant provisions: Articles 1, 2 and 5.
Bovine and porcine animals from New Zealand
15. Commission Decision 93/491/EEC on animal
health conditions and veterinary certificates for the importation of domestic
animals of the bovine and porcine species from New Zealand (O.J. No. L
229, 10.9.93, p.18).
Relevant provisions: Articles 1 and 2.
The official health certificate accompanying all swine imported
into Scotland from New Zealand must state that the animals comply with
the requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning
additional guarantees relating to Aujeszky's disease for pigs destined
to member States or regions free of the disease (O.J. No. L 16, 25.1.93,
p.16).
Zootechnical conditions
16. 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).
Shellfish from third countries for relaying in Community waters
17. Commission Decision 95/352/EC on animal
health conditions and the certification requirements for the importation
from third countries of Crassostrea gigas for relaying in Community waters
(O.J. No. L 204, 30.8.95, p.13).
Porcine animals from Cyprus
18. Commission Decision 96/650/EC concerning
animal health conditions and veterinary certificate for the importation
of domestic animals of the porcine species from the Republic of Cyprus
(O.J. No. L 294, 19.11.96, p.18).
The official health certification accompanying all swine imported
into Scotland from the Cyprus must state that the animals comply with the
requirements of Commission Decision 93/24/EEC of 11 December 1992 concerning
additional guarantees relating to Aujeszky's disease for pigs destined
to member States or regions free of the disease (O.J. No. L 16, 25.1.93,
p.16).
Relevant provisions: Articles 1 and 2.
SCHEDULE 6
Regulation 34
LEGISLATION WHICH DOES NOT APPLY
Title |
Reference |
>Extent |
The Diseases of Fish Act 1937 |
1937 c. 33 |
Section 1 |
The Hares (Control of Importation) Order 1965 |
S.I. 1965/2040 |
The whole Order. |
The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
as amended by the Rabies (Importation of Dogs, Cats and Other Mammals)
(Amendment) Order 1994 |
S.I.1974/2211 as amended by S.I. 1994/1716 |
The Order shall continue to apply to all carnivores, primates and bats.
It shall continue to apply to the importation of all other animals unless
such animals are imported by way of trade and can be shown to have been
born on the holding of origin and kept in captivity since birth. |
The Importation of Animals Order 1977 |
S.I.1977/944 |
Articles 3, 4(7), 4(8), 5(1) to (3), 7(1), 8 to 14, 16, 17, 18(1)(b),
18(3), 19 to 21, 23, 24 and 25(2) except that article 3 shall continue
to apply to ruminating animals and swine other than animals which are the
subject of Council Directives 64/432/EEC. |
The Importation of Birds, Poultry and Hatching Eggs Order 1979 |
S I. 1979/1702 |
Articles 4 to 7, 9(3) to (6), 10 to 12 except that Article 4 shall
continue to apply to all birds (including domestic fowl) and their hatching
eggs other than those subject to the provisions of Council Directive 90/539/EEC
(excluding domestic fowl). |
The Importation of Embryos, Ova and Semen Order 1980 as amended by
the Importation of Embryos, Ova and Semen (Amendment) Order 1984 |
S.I. 1980/12 as amended by S.I. 1984/1326 |
The whole Order except that article 4 shall continue to apply to embryos,
ova and semen (as defined in that Order) other than-
(a) bovine semen which is the subject of Council Directive 88/407/EEC,
(b) bovine embryos which are the subject of Council Directive 89/556/EEC,
(c) porcine semen which is the subject of Council Directive 90/429/EEC,
(d) equine ova and embryos which are the subject of Commission Decision
95/294/EC,
(e) equine semen which is the subject of Commission Decision 95/307/EC,
(f) ovine and caprine semen, ova and embryos which are the subject of
Commission Decision 95/388/EC, and
(g) porcine ova and embryos which are the subject of Commission Decision
95/483/EC.
|
The Diseases of Fish Regulations 1984 |
S.I. 1984/455 |
Regulations 2 and 5. |
The Importation of Bovine Semen Regulations 1984 |
SI. 1984/1325 |
The whole instrument. |
The Shellfish and Specified Fish (Third Country Imports) Order 1992 |
SI. 1992/3301 |
The Order shall continue to apply to third country imports of shellfish
or specified fish other than Crassostrea gigas for relaying in Community
waters which are the subject of Commission Decision 95/352/EC. |
EXPLANATORY NOTE
(This Note is not part of the Regulations)
These Regulations revoke and re-enact with changes the Animals and
Animal Products (Import and Export) Regulations 1998 (S.I. 1998/190).
The Regulations include new provisions at regulations 7(4) (requirements
for the transport of cattle and pigs), 8(4) (requirements for dealers in
cattle and pigs) and 12(1) to (4) (requirements on operators of assembly
centres for the purpose of intra-Community trade), which arise from new
Community measures for intra-Community trade in cattle and pigs contained
in Council Directive 64/432/EEC as amended (see Council Decision 97/12/EC
(O.J. No. L 109, 25.4.97, p.1)). They also implement the following Community
measures which were omitted from the Animals and Animal Products (Import
and Export) Regulations 1998 or have been adopted since those Regulations
were made.
Community measure |
Reference in these Regulations |
Veterinary Checks on imports from third countries |
|
Council Directive 97/78/EC (O.J. No. L 24, 30.1.98, p.9) |
Schedule 1 paragraph 1 |
Council Directive 89/662/EEC (O.J. No. L 395, 30.12.1989, p.13) |
Schedule 1 paragraph 2 |
Council Directive 90/424/EEC (O.J. No. L 224, 18.08.1990, p.19) |
|
Council Directive 90/425/EEC (O.J. No. L 224, 18.08.1990, p.29) |
|
Commission Decision 97/794/EC (O.J. No. L323, 26.11.97, p.31) |
|
Bovine animals and swine |
|
Council Directive 97/12/EC (O.J. No. L 109, 25.4.97, p. 1) |
Schedule 3 paragraph 1 |
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 98/362/EC (O.J. No. L 163, 6.6.98, p.48) |
|
Commission Decision 98/548/EC (O.J. No. L 263, 26.9.98, p.35) |
|
Commission Decision 98/621/EC (O.J. No. L 296, 5.11.98. p.15) |
|
Commission Decision 99/384/EC (O.J. No. L 146, 11.6.99, p.52) |
|
Commission Decision 99/399/EC (O.J. No. L 150, 17.6.99, p.32) |
|
Commission Decision 99/579/EC (O.J. No. L 219, 19.8.99, p.53) |
|
Animal waste |
|
Council Directive 92/118/EEC (O.J. No. L 62, 15.3.93, p.49) |
Schedule 3 paragraph 7 |
Council Decision 92/562/EEC (O.J. No. L 359, 9.12.92, p.23) |
|
Commission Decision 99/534/EC (O.J. No. L 204, 4.8.99, p.37) |
|
Fish |
|
Farmed Fish |
|
Commission Decision 99/489/EC (O.J. No. L 190, 23.7.99, p.41) |
Schedule 3 paragraph 8 (1) |
Commission Decision 94/862/EC (O.J. No. L 352,31.12.94, p.72) |
|
Commission Decision 94/863/EC (O.J. No. L 352, 31.12.94, p.73) |
|
Commission Decision 94/864/EC (O.J. No. L 352, 31.12.94, p.74) |
|
Commission Decision 95/336/EC (O.J. No. L 195, 18.8.95, p.26) |
|
Commission Decision 95/352/EC (O.J. No. L 204, 30.8.95, p.13) |
|
Commission Decision 99/521/EC (O.J. No. L 199, 30.7.99, p73) |
|
Commission Decision 2000/173/EC (O.J. No. L 55, 29.2.2000, p74) and |
|
Commission Decision 2000/312/EC (O.J. No. L 104, 29.4.2000, p.80)) |
|
Commission Decision 99/550/EC (O.J. No. L 209, 7.8.99, p.39)) |
|
Commission Decision 99/556/EC (O.J. No. L 211, 11.8.99, p.50) |
|
Commission Decision 2000/172/EC O.J. No. L 5, 29.2.2000, p.71) |
|
Commission Decision 99/512/EC (O.J. No. L 195, 28.7.99, p.37)) |
|
Council Directive 97/79/EC (O.J. No. L 24, 30.1.98, p.31) |
|
Commission Decision 98/357/EC (O.J. No. L 162, 5.6.98, p.42) |
|
Commission Decision 98/359/EC (O.J. No. L 163, 6.6.98, p.43) |
|
Commission Decision 98/361/EC (O.J. No. L 163, 6.6.98, p.46) (as amended
by Commission Decision 99/513/EC (O.J. No. L 195, 28.7.99, p.39) and Commission
Decision 2000/187/EC (O.J. No. L 59, 4.3.2000, p.14) and |
|
Commission Decision 2000/311/EC (O.J. No. L 104, 29.4.2000, p.77)) |
|
Commission Decision 98/395/EC (O.J. No. L 176, 20.6.98, p.30) |
|
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 2000/171/EC (O.J. No. L 55, 29.2.2000, p.70) |
|
Commission Decision 2000/173/EC (O.J. No. L 55, 29.2.2000 p.74) |
|
Commission Decision 2000/174/EC (O.J. No. L 55, 29.2.2000, p.77) |
|
Commission Decision 2000/188/EC (O.J. No. L 59, 4.3.2000, p17) |
|
Commission Decision 2000/310/EC (O.J. No. L 104, 29.4.2000, p.76) |
|
Commission Decision 2000/312/EC (O.J. No. L 104, 29.4.2000, p.80) |
|
Fish other than farmed fish |
|
Council Directive 91/493/EEC (O.J. No. L 268, 24.9.91, p.15) |
Schedule 3 paragraph 8(2) |
Council Directive 92/48/EEC (O.J. No. L 187, 7.7.92, p.41) |
|
Council Directive 95/71/EC (O.J. No. L 332, 30.12.95, p.40) |
|
Live bivalve molluscs |
|
Council Directive 91/492/EEC (O.J. No. L 261, 24.9.91, p.1) |
Schedule 3 paragraph 8(3) |
Council Directive 97/61/EC (O.J. No. L 295, 29.10.97, p35) |
|
Ovine and caprine |
|
Commission Decision 97/315/EC (O.J. No. L 137, 28.5.97, p.20) |
Schedule 3 paragraph 9 |
Pure-bred animals of the bovine species |
|
Commission Decision 96/80/EC (O.J. No. L 19, 25.1.96, p.50) |
Schedule 3 paragraph 12 |
Commission Decision 96/510/EC (O.J. No. L 210, 20.8.96, p.53) |
|
Breeding animals of the porcine species |
|
Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53) |
Schedule 3 paragraph 13 |
Pure-bred breeding sheep and goats |
|
Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53) |
Schedule 3 paragraph 14 |
Equidae |
|
Commission Decision 96/78/EC (O.J. No. L 19, 25.1.96, p.39) |
Schedule 3 paragraph 12 |
Commission Decision 96/79/EC (O.J. No. L 19, 25.1.96, p.41) |
|
Commission Decision 96/510/EC (O.J. No. L 210, 20.08.1996, p.53) |
|
Third countries from which member States may authorise certain imports |
|
Commission Decision 98/594/EC (O.J. No. L 286, 23.10.98, p.53) |
Schedule 5 paragraph 1 |
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, 31.2.99, p.13) |
|
Commission Decision 99/558/EC (O.J. No. L 211, 11.8.99, p.53) |
|
Commission Decision 99/759/EC (O.J. No. O.J. No. L 300, 23.11.99, p.30) |
|
Commission Decision 00/02/EC (O.J. No. L 1, 4.1.00, p.17) |
|
Commission Decision 96/628/EC (O.J. No. L 282, 1.11.96, p.73) |
|
Commission Decision 97/232/EC (O.J. No. L 93, 8.4.97, p.43) |
|
Commission Decision 99/541/EC (O.J. No. L 207, 6.8.99, p.31) |
|
Bovine, Ovine and caprine animals and swine from third countries |
|
Commission Decision 94/453/EC (O.J. No. L 187, 22.7.94, p.11) |
Schedule 5 Part II paragraph 1 |
Commission Decision 98/372/EC (O.J. No. L 170, 16.6.98, p.16-33) |
|
Commission Decision 98/505/EC (O.J. No. L 226, 13.8.98, p.50) |
|
Commission Decision 99/539/EC (O.J. No. L 207, 6.8.99, p.26) |
|
Temporary admission of registered horses |
|
Commission Decision 98/360/EC (O.J. No. L 163,6.6.98, p.44) |
Schedule 5 Part II paragraph 4 |
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) |
|
Registered horses for racing etc |
|
Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44) |
Schedule 5 Part II paragraph 5 |
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) |
|
Equidae for slaughter |
|
Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44) |
Schedule 5 Part II paragraph 6 |
Commission Decision 99/228/EC (O.J. No. L 83, 27.3.99, p.77) |
|
Equidae for breeding and production |
|
Commission Decision 98/360/EC (O.J. No. L 163, 6.6.98, p.44) |
Schedule 5 Part II paragraph 7 |
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) |
|
Poultry |
|
Commission Decision 96/482/EC (O.J. No. L 196, 7.8.96, p.13) |
Schedule 5 Part II paragraph 8 |
Commission Decision 96/483/EC (O.J. No. L 196, 7.8.96, p.28) |
|
Commission Decision 96/628/EC (O.J. No. L 282, 1.11.93, p.73) |
|
Bovine and porcine animals from Hungary, Poland, Bulgaria, Romania,
Latvia, Slovenia, Lithuania, Estonia, Croatia, the Slovak Republic and
the Czech Republic |
|
Commission Decision 98/372/EC (O.J. No. L 170, 16.6.98, p.34) |
Schedule 5 Part II paragraph 9 |
Commission Decision 99/539/EC (O.J. No. L 207, 6.8.99, p.26) |
|
Ovine and caprine animals |
|
Commission Decision 97/232/EC (O.J. No. L 93, 8.4.97, p.43) |
Schedule 5 Part II paragraph 13 |
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 a Minister
of the Crown under section 2(2) of the European Communities Act 1972, insofar
as within devolved competence, were transferred to the Scottish Ministers
by virtue of section 53 of the Scotland Act 1998.back
[2] O.J. No. L 224, 18.8.90, p.29 as read with the provisions listed
in Schedule 1.back
[3] O.J. No. L 268, 24.9.91, p.56 as read with the provisions listed
in Schedule 1.back
[4] O.J. No. L 121, 29.7.1964, p 1977/64. Directive last amended
by Directive 95/25EC(O.J. No. L 243, 11.10.95, p.16).back
[5] O.J. No. L 73, Special Edition, 27.3.72.back
[6] O.J. No. L 73, Special Edition, 27..3.72.back
[7] O.J. No. C 241, 29.8.94, p.21 is amended by O.J. No. L 1, 1.1.95,
p.1.back
[8] 1994 c.39.back
[9] O.J. No. L 46, 19.2.91, p.1 as amended and read with the provisions
listed in paragraph 8 of Schedule 3.back
[10] O.J. No. L 268, 14.9.92, p.54back
[11] S.I. 1997/1480, to which there are amendments not relevant to
these Regulations.back
[12] O.J. No. L 224, 18.8.90, p.55.back
[13] S.I. 1995/539 to which there are amendments not relevant to
these Regulations.back
[14] S.I. 1995/540 to which there are amendments not relevant to
these Regulations.back
[15] O.J. No. L 224, 18.8.90, p.29, as read with the provisions listed
in Schedule 1.back
[16] S.I. 1997/1729.back
[17] O.J. No. L 268, 24.9.91, p.56, as read with the provisions listed
in Schedule 1.back
[18] S.I. 1974/2211; relevant amendment by S.I. 1994/1716.back
[19] O.J. No. L 268, 24.9.91, p.56 as read with the provisions listed
in Schedule 1.back
[20] O.J. No. L 340, 11.2.91, p.17 as amended.back
[21] O.J. No. L 224, 18.8.90, p.29 as read with the provisions listed
in Schedule 1.back
[22] S.I. 1998/190.back
[23] As defined in Commission Decision 97/778/EC (as amended) drawing
up a list of border inspection posts agreed for veterinary checks on products
and animals from third countries, laying down detailed rules concerning
the checks to be carried out by experts of the Commission and repealing
Decision 96/742/EC (O.J. No. L 315, 19.11.97, P.15).back
[24] O.J. No. L 16, 25.1.93, p.16back
ISBN 0110593928
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