The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019

Made: 21st February 2019

Laid before the Scottish Parliament: 25th February 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so.

PART 1 — INTRODUCTION

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force—

• (a) as regards this Part and Part 2, on 28 March 2019,

• (b) as regards Part 3, on exit day.

• (2) These Regulations extend to Scotland only.

PART 2 — AMENDMENT OF REFERENCES IN SECONDARY LEGISLATION

The Foot-and-Mouth Disease (Scotland) Order 2006

2

In article 2(1) (interpretation) of the Foot-and-Mouth Disease (Scotland) Order 2006 —

• (a) in the definition of “the Directive”, insert at the end “ , as last amended by Commission Implementing Decision (EU) 2018/1099 ”,

• (b) in the definition of “health marked”, after “consumption” insert “ , as last amended by Commission Implementing Regulation (EU) 2018/981 ”,

• (c) in the definition of “identification marked”, after “origin” insert “ , as last amended by Commission Regulation (EU) 2017/1981 ”,

• (d) in the definition of “Regulation (EC) (No.) 1069/2009” insert at the end “ , as last amended by Council Regulation (EU) No 1385/2013 ”,

• (e) in the definition of “slaughterhouse”—

• (i) in paragraph (a), insert at the end “ , as last amended by Commission Implementing Regulation (EU) 2018/1587 ”,

• (ii) in paragraph (b), for “) was” substitute “ , as last amended by Commission Regulation (EU) 2017/1981 was ”.

The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006

3

In regulation 2(1) (interpretation) of the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 —

• (a) in the definition of “the Directive”, insert at the end “ , as last amended by Commission Implementing Decision (EU) 2018/1099 ”,

• (b) in the definition of “health marked”, after “consumption” insert “ , as last amended by Commission Implementing Regulation (EU) 2018/981 ”,

• (c) in the definition of “identification marked”, after “origin” insert “ , as last amended by Commission Regulation (EU) 2017/1981 ”,

• (d) in the definition of “slaughterhouse”—

• (i) in paragraph (a), insert at the end “ , as last amended by Commission Implementing Regulation (EU) 2018/1587 ”,

• (ii) in paragraph (b), for “) was” substitute “ , as last amended by Commission Regulation (EU) 2017/1981 was ”.

The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

4

• (1) The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 is amended as follows.

• (2) In article 2 (interpretation)—

• (a) omit the definition of “competent authority”,

• (b) omit the definition of “the Directive”,

• (c) in the definition of “hatchery”, for the words from “has the same” to the end substitute “ means an establishment for incubating eggs, hatching and supplying chicks ”,

• (d) in the definition of “packing centre”, insert at the end “ , as last amended by Commission Delegated Regulation (EU) 2017/2168 ”.

• (3) In paragraph 17(j) of schedule 4 (measures in a protection zone), for the words from “in accordance with” to “foodstuffs” substitute “ as referred to in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ”.

The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006

5

In regulation 2(1) (interpretation) of the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 —

• (a) omit the definition of “competent authority”,

• (b) in the definition of “hatchery”, for the words from “has the same” to the end substitute “ means an establishment for incubating eggs, hatching and supplying chicks ”,

• (c) in the definition of “packing centre”, insert at the end “ , as last amended by Commission Delegated Regulation (EU) 2017/2168 ”,

• (d) in the definition of “slaughterhouse”, in sub-paragraph (a), for “Commission Regulation (EU) 2018/455” substitute “ Commission Implementing Regulation (EU) 2018/1587 ”.

The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

6

In article 2 (interpretation) of the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 , in the definition of “Regulation (EC) No. 853/2004”, for “853” substitute “ 853/2004 ”.

The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

7

• (1) The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 is amended as follows.

• (2) In article 2 (interpretation)—

• (a) omit the definition of “the Commission Decision”,

• (b) in the definition of “competent authority”, for the words from “in a” to the end substitute “ which, immediately before Commission Decision 2006/415 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC ceased to have effect, was responsible for compliance with obligations provided for in that Decision ”,

• (c) after the definition of “protection zone” insert—

“Regulation (EC) No. 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

• (3) Omit article 5 (areas A and B).

• (4) In article 11(2)(b)(i) (restrictions on the movement of wild game bird products) omit the words from “of the European Parliament” to the end.

The Cattle Identification (Scotland) Regulations 2007

8

In schedule 3 (cattle passports etc), Part 2 (movement and cattle passports), paragraph 18(1) (export to third countries) of the Cattle Identification (Scotland) Regulations 2007 omit “In accordance with Article 6(5) of Regulation (EC) No 1760/2000,”.

The Products of Animal Origin (Disease Control) (Scotland) Order 2008

9

• (1) The Products of Animal Origin (Disease Control) (Scotland) Order 2008 is amended as follows.

• (2) In article 2 (interpretation), after the definition of “premises” insert—

“Regulation No. 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

• (3) In schedule 3 (special identification mark).

• (a) in paragraph (1)(a) (identification mark on restricted meat from animals) omit the words from “of the European Parliament” in the first place they occur to the end,

• (b) in paragraph (3) (identification mark on restricted meat from poultry)—

• (i) omit sub-paragraph (a),

• (ii) omit the “or” before sub-paragraph (b).

The Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009

10

In article 2(1) (interpretation) of the Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009 , in the definition of “slaughterhouse”, insert at the end “ , as last amended by Commission Implementing Regulation (EU) 2018/981 ”.

The Sheep Scab (Scotland) Order 2010

11

In article 2(1) (interpretation) of the Sheep Scab (Scotland) Order 2010 , in the definition of “treatment”, for “2009” substitute “ 2013 ”.

The Trade in Animals and Related Products (Scotland) Regulations 2012

12

• (1) The Trade in Animals and Related Products (Scotland) Regulations 2012 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) in the definition of “Commission Decision 2007/275/EC” omit “, as last amended by Commission Implementing Decision (EU) 2016/1196”,

• (b) in the definition of “Council Directive 64/432/EEC” omit “, as last amended by Commission Implementing Decision (EU) 2015/819”,

• (c) in the definition of “Council Directive 91/68/EEC” omit “, as last amended by Commission Implementing Decision (EU) 2016/2002”,

• (d) in the definition of “Council Directive 91/496/EEC”, insert at the end “ , as last amended by Regulation EU 2017/625 ”,

• (e) in the definition of “Council Directive 92/65/EEC” omit “, as last amended by Commission Implementing Decision (EU) 2017/2174”,

• (f) in the definition of “Council Directive 97/78/EC”, insert at the end “ , as last amended by Council Directive 2013/20/EU ”,

• (g) in the definition of “Regulation (EC) No 1069/2009” omit “, as last amended by Council Regulation (EU) No 1385/2013”.

• (3) In regulation 24 (admission of products into warehouses) omit “, Section 2”.

• (4) In regulation 30(2) (consignments from another member State constituting a risk to health), after “completion of the internal market” insert “ , as last amended by Regulation EU 2017/625 ”.

• (5) In paragraph 3 (poultry health scheme) in Part 1 (additional requirements for trade between member States) of schedule 2 (additional requirements in specific cases) omit “, as last relevantly amended by Commission Implementing Decision 2011/879/EU ”.

The Animal By-Products (Enforcement) (Scotland) Regulations 2013

13

In regulation 2(1) (interpretation) of the Animal By-Products (Enforcement) (Scotland) Regulations 2013 , in the definition of “EU Control Regulation”, insert at the end “ , as last amended by Council Regulation (EU) No 1385/2013 ”.

PART 3 — AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

The Foot-and-Mouth Disease (Scotland) Order 2006

14

• (1) The Foot-and-Mouth Disease (Scotland) Order 2006 is amended as follows.

• (2) In article 2(1) (interpretation), in the definition of “border inspection post”, for the words from “place specified” to the end substitute “ border inspection post that has been published from time to time in a list in accordance with Article 3 of Commission Decision 2009/821/EC drawing up a list of approved border inspection posts by the Scottish Ministers ”.

• (3) In article 19(3) (measures applicable in respect of a supplementary movement control zone)—

• (a) for “paragraph 2.1” substitute “ points 2.1.1 to 2.1.7 ”,

• (b) after “Directive” insert “, reading point 2.1.4 as if for the words from “Decisions” to the end there were substituted “ Commission Implementing Regulation (EU) 2015/262 ”.

• (4) In article 31 (declaration of protection zones and surveillance zones on confirmation of the disease in England or Wales), for paragraph (6) substitute—

(6) In this article, “border inspection post” means one that has been published from time to time in a list in accordance with Article 3 of Commission Decision 2009/821/EC drawing up a list of approved border inspection posts— (a) in relation to England, by the Secretary of State, (b) in relation to Wales, by the Welsh Ministers.

• (5) In article 33(4) (measures applicable in respect of protection zones and surveillance zones), insert at the end—

, reading that paragraph as if— (a) in point 2.2.2, the words “established in accordance with Article 21” were omitted, (b) in point 2.2.4, the reference to “Articles 4 and 10” of the Directive was a reference to provision in this Order implementing those Articles

• (6) In each of paragraphs 11(3) (movement of non-susceptible animals from or to premises keeping susceptible animals in a protection zone) and 12(3) (movement of animals into or out of a protection zone) of Part 2 (measures applicable only in a protection zone) of schedule 4 (measures applicable in protection zones and surveillance zones), insert at the end—

, reading that paragraph as if— (a) in point 2.2.2, the words “established in accordance with Article 21” were omitted, (b) in point 2.2.4, the reference to “Articles 4 and 10” of the Directive was a reference to provision in this Order implementing those Articles

• (7) In paragraph 7 (movement of semen, ova and embryos out of a wild animal infected zone) of schedule 7 (measures applicable in a wild animal infected zone), for the word “another” substitute “ a ”.

• (8) In schedule 8 (horses)—

• (a) in paragraph 1 (movement of horses)—

• (i) for the words “any other” in the second place they occur substitute “ a ”,

• (ii) for the words from “provided for in Annex III” to “countries of equidae” substitute “ published by the Scottish Ministers from time to time ”.

• (b) in paragraph 4 (granting a licence), insert at the end—

, reading that Annex as if— (a) in paragraph 1— (i) the reference to “Article 10” of the Directive was a reference to provision in this Order implementing that Article, (ii) for the words “Member States”, in the first place where they occur to “to other”, there were substituted “ equidae are not to be dispatched to ”, (iii) for the words from “the identification” to “or 2000/68/EC” there were substituted “ an identification document in accordance with Commission Implementing Regulation (EU) 2015/262 ”, (iv) for the words from “provided for” in the second place they occur to the end there were substituted “ published by the Scottish Ministers from time to time ”, (b) in paragraph 2.1— (i) the reference to “the competent authorities apply a complete stand-still as provided for in Article 7(3)” of the Directive was a reference to the Scottish Ministers declaring a supplementary movement control zone under article 18 of this Order, (ii) the reference to “Articles 4 and 10” of the Directive was as a reference to provision in this Order implementing those Articles, (c) in point 2.1.4, as if for the words from “Decisions” to the end there were substituted “ Commission Implementing Regulation (EU) 2015/262 ”, (e) in point 2.2.2, the words “established in accordance with Article 21” were omitted, (f) in point 2.2.4, the reference to “Articles 4 and 10” of the Directive was as a reference to provision in this Order implementing those Articles

The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006

15

• (1) The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) for the definition of “emergency vaccination” substitute—

“emergency vaccination” means vaccination undertaken as part of a programme of vaccination introduced by the Scottish Ministers, following consideration of any criteria considered by the Scottish Ministers to be relevant, when at least one of the following conditions applies: (a) outbreaks of foot-and-mouth disease have been confirmed and threaten to become widespread in Scotland; (b) Scotland is at risk due to the geographical situation of, or the prevailing meteorological conditions in relation to, reported outbreaks of foot-and-mouth disease outside Scotland; (c) Scotland is at risk due to epidemiologically relevant contacts between holdings on its territory and holdings keeping animals of susceptible species outside Scotland where there are outbreaks of foot-and-mouth disease;

• (b) after the definition of “health marked”, insert—

“holding” means any agricultural or other premises, including circuses, where animals of susceptible species are being bred or kept on a permanent or temporary basis;

• (3) In regulation 10(1)(b) (exemption from slaughter for certain susceptible animals), for head (ii) substitute—

(ii) is approved by the Scottish Ministers in relation to those animals in accordance with the Trade in Animals and Related Products (Scotland) Regulations 2012 ;

• (4) In regulation 12(1)(c) (factors informing a decision to permit suppressive vaccination or protective vaccination), insert at the end “ , with the reference to “Member States” in paragraph 3.1 in Annex X being read as a reference to the Scottish Ministers ”.

• (5) In regulation 31(intra-Community trade of vaccinated animals) for “intra-Community trade” substitute “ trade with a member State, Norway, Iceland or Liechtenstein ”.

• (6) In regulation 39(b) (powers of inspectors), for the words from “(powers of” to the end substitute “ (powers of inspectors relating to retained EU law) ” .

The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

16

• (1) The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 is amended as follows.