The Artificial Insemination of Cattle (Animal Health) (Scotland) Amendment Regulations 1995

Made: 29th September 1995

Laid before Parliament: 2nd October 1995

Coming into force: 23rd October 1995

The Secretary of State, in exercise of the powers conferred on him by section 10(1) and (2) of the Animal Health and Welfare Act 1984[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, extent and commencement

1

These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (Scotland) Amendment Regulations 1995, shall apply to Scotland and shall come into force on 23rd October 1995.

Amendments to the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985

2

• (1) The Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985[^f00002] (“the principal Regulations”) shall be amended in accordance with the following paragraphs of this regulation.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1) for the definition of “the Directive”, there shall be substituted the following:—

• “the Directive” means Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species[^f00003], as amended by— Council Directive 90/120/EEC[^f00004]; 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 internal market[^f00005]; and Council Directive 93/60/EEC which extends the scope of Council Directive 88/407/EEC to cover fresh bovine semen[^f00006];

• (b) after paragraph (2) there shall be added the following paragraph:—

(3) Any reference in these Regulations to the Schedule is a reference to the Schedule to these Regulations.

• (3) In regulation 14(1) (movement of semen from a processing centre), after sub-paragraph (d) there shall be added the following sub-paragraph:—

• , or in the case of semen which is not frozen but which has been processed in accordance with the requirements set out in the Schedule— direct to a supply centre; or to a farm holding a farm storage licence.

• (4) For regulation 18 (acceptance of semen for storage) there shall be substituted the following regulation:—

(18) No person shall accept semen for storage unless— (a) the semen— (i) is delivered to him at a storage facility, and (ii) comes from another storage facility under the provisions of regulation 20(a)(i), 20(b)(i), 20(b)(ii) or 20(c)(i), or is imported into Great Britain under a licence issued under regulation 3(1) of the Importation of Bovine Semen Regulations 1984[^f00007]; or (b) the semen is frozen semen imported into Great Britain in accordance with the provisions of the Animals and Animal Products (Import and Export) Regulations 1995[^f00008], or any Regulations which they supersede, or in accordance with the provisions of the Products of Animal Origin (Import and Export) Regulations 1992[^f00009]; or (c) he is the holder of a farm storage licence and the semen— (i) is delivered from the supply centre specified in that licence to him at a building specified in that licence, or (ii) is transferred to him or his agent at a semen shop, or (iii) is collected by or delivered to him in accordance with the conditions of a special farm storage movement licence, or (iv) is semen which is not frozen but which has been processed in accordance with the requirements set out in the Schedule and which is delivered to him directly from a processing centre.

• (5) In regulation 21 (acceptance of semen for supply) after paragraph (b) there shall be added the following paragraph:—

• ; or in the case of semen which is not frozen but which has been processed in accordance with the requirements set out in the Schedule— it is delivered directly from a processing centre; or it is imported into Great Britain in accordance with the provisions of the Animals and Animal Products (Import and Export) Regulations 1995, or any Regulations which they supersede or in accordance with the Products of Animal Origin (Import and Export) Regulations 1992.

• (6) In regulation 24 (general prohibition on use of semen) for paragraph (a) there shall be substituted the following paragraph:—

(a) that semen has been obtained from a supply centre or a semen shop from which the semen was moved in accordance with the provisions of these Regulations, or from a processing centre from which the semen was moved in accordance with the provisions of these Regulations or in accordance with the conditions of a special movement licence, and

• (7) There shall be added the Schedule which is set out in the Schedule to these Regulations.

SCHEDULE — (TO BE INSERTED AS SCHEDULE TO THE PRINCIPAL REGULATIONS)

Signed

Raymond S Robertson — Parliamentary Under Secretary of State, Scottish Office — 29th September 1995

Explanatory note

(This note is not part of the Order)

These Regulations amend the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 (“the principal Regulations”) so as to clarify the requirements for trade in deep-frozen semen and to implement Council Directive 93/60/EEC.

Directive 93/60/EEC extends the scope of Directive 88/407/EEC, which lays down the animal health requirements applicable to trade within the European Economic Area and imports from third countries of deep-frozen bovine semen, to cover fresh bovine semen. Accordingly these Regulations amend the principal Regulations so as to lay down the requirements for trade in both deep-frozen and fresh bovine semen.

Contravention of the Regulations constitutes an offence under section 10(6) of the Animal Health and Welfare Act 1984.

A Compliance Cost Assessment in relation to these Regulations has been placed in the library of each House of Parliament. Copies may be obtained from Animal Health (International Trade) Division, Ministry of Agriculture, Fisheries and Food, Room C33, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey, KT6 7NF.

Footnotes

[^f00001]: 1984 c. 40; see section 10(8) for the definition of “appropriate Minister”.

[^f00002]: S.I. 1985/1857, amended by S.I. 1987/904 and 1992/1192. References in the amended Regulations to a Member State in the Economic Community were extended to include EEA States by virtue of section 2(1) of the European Economic Area Act 1993 (c. 51).

[^f00003]: OJ No. L194, 22.7.88, p.10.

[^f00004]: OJ No. L71, 17.3.90, p. 37.

[^f00005]: OJ No. L224, 18.8.90, p.29.

[^f00006]: OJ No. L186, 28.7.93, p.28.

[^f00007]: S.I. 1984/1325, to which there are amendments not relevant to these Regulations.

[^f00008]: S.I. 1995/2428.

[^f00009]: S.I. 1992/3298, to which there are amendments not relevant to these Regulations.