SCHEDULE 3 continued PART III
1. Every dealer in cattle, pigs, sheep or goats engaging in intra Community trade 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 the dealer only imports or exports animals that are identified and meet the requirements of Community law for intra Community trade and, in the case of cattle, come from herds that are officially free of tuberculosis, brucellosis and leukosis, or are slaughter animals meeting the requirements of Article 6.3 or, if slaughter animals under a disease control programme, Article 13.1(a), of Council Directive 64/432/EEC.
4. The dealer shall keep a record for all cattle, pigs, sheep and goats which the dealer imports or exports, either on the basis of identification numbers or marks on the animals, and keep the record for 3 years, of–
(a) the name and address of the seller;
(b) the origin of the animals;
(c) the date of purchase;
(d) the categories, number and identification (or registration number of the holding of origin) of cattle, sheep and goats;
(e) the registration number of the holding of origin or the herd of origin of pigs;
(f) the approval or registration number of the assembly centre through which he has acquired sheep or goats (where applicable);
(g) the registration number of the transporter or the licence number of the lorry delivering and collecting animals;
(h) the name and address of the buyer and the destination of the animals; and
(i) copies of route plans and numbers of health certificates.
5. In the case of a dealer who keeps animals on their premises, they shall ensure that–
(a) specific training in the care and welfare of animals is given to the staff in charge of the animals; and
(b) all necessary steps are taken to prevent the spread of disease.
6.—(1) The dealer shall only use premises approved for the purpose by the Scottish Ministers under this paragraph.
(2) The Scottish Ministers shall issue an approval number for premises approved under this paragraph.
(3) The Scottish Ministers shall only issue an approval under this paragraph if they are satisfied that the premises comply with, in the case of a dealer in cattle or pigs, Article 13.2 of Council Directive 64/432/EEC or, in the case of a dealer in sheep and goats, Article 8b(2), of Council Directive 91/68/EEC.
Regulation 5(5)
1. Any reference to “the Directive” in this Part of this Schedule is a reference to Council Directive 90/539/EEC.
2. An application for an establishment to become a member of the Poultry Health Scheme (“the scheme” in this Schedule) must be accompanied by the registration fee, the details of which are set out in Part II of this Schedule.
3. The Scottish Ministers shall grant membership of the scheme to an establishment if–
(a) they are satisfied, following an inspection by a veterinary inspector who is a member of the State Veterinary Service, that–
(i) the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and
(ii) the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and
(b) the operator of the establishment, having been notified that the Scottish Ministers are satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.
4. The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to the operator of an establishment as being requirements that the inspector considers are necessary to avoid the spreading of contagious disease through intra Community trade, taking into account the particular circumstances at that establishment.
5. On receipt of the first annual membership fee, the Scottish Ministers shall issue the establishment’s membership certificate, which shall include the establishment’s membership number.
6. The operator of an establishment which is a member of the scheme shall pay the annual membership fee each year, and shall pay any re inspection fee, the details of which are set out in Part IV of this Schedule, when it becomes due.
7. In order to ensure that establishments and operators of those establishments continue to meet the requirements of the scheme, and generally to ensure compliance with the Directive–
(a) a veterinary inspector shall carry out an annual inspection of the establishment; and
(b) a veterinary inspector shall carry out any additional inspections (insofar as not provided for under paragraph 9) which the Scottish Ministers consider necessary.
8. The operator of an establishment shall notify the Scottish Ministers if ownership or control of the establishment changes.
9.—(1) Without prejudice to any action which may be taken under paragraph 10, where at the annual inspection of an establishment, the establishment or the operator of that establishment do not appear to the Scottish Ministers to meet the requirements for membership of the scheme or of the Directive a veterinary inspector who is a member of the State Veterinary Service shall carry out such additional inspections (“re inspections”) as the Scottish Ministers consider necessary to ensure compliance with those requirements.
(2) If a re inspection is carried out–
(a) a fee shall be charged for each re inspection; and
(b) such a fee shall become due upon receipt of an invoice for that fee by the operator of that establishment.
10. The Scottish Ministers–
(a) shall suspend, revoke or restore membership of the scheme in accordance with Chapter IV of Annex II to the Directive (references to “withdrawal” in that Chapter shall be read as references to “revocation” for the purposes of this paragraph); and
(b) may suspend or revoke membership of the scheme if–
(i) an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;
(ii) the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;
(iii) ownership or control of an establishment changes; or
(iv) the operator has not paid the annual membership fee or if a re inspection fee remains unpaid for 30 days or more after becoming due.