Regulation 16(2)

SCHEDULE 4

PART 1 Centres or holdings from which semen or embryos may be collected

1.  The centre or holding must have been free from foot-and mouth disease for at least three months prior to , and thirty days after, the date of collection of the semen or embryos.

2.  It must be situated in the centre of an area of 10 km radius in which there has been no case of foot-and-mouth disease for at least the 30 days prior to the date of collection.

PART 2 Storage conditions for frozen semen and embryos

3.  Frozen bovine semen must have been stored in accordance with the Bovine Semen (Scotland) Regulations 2007(27).

4.  Frozen bovine embryos must have been stored in accordance with the Bovine Embryo (Collection, Production and Transfer) Regulations 1995(28).

5.  Frozen porcine semen must have been stored in accordance with Chapters I and II of Annex A of 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(29).

6.  Frozen porcine embryos must have been stored in accordance with Chapter III of Annex D of Council Directive 92/65/EEC.

7.  Frozen ovine or caprine semen must have been stored in accordance with Chapters I and III of Annex D of Council Directive 92/65/EEC.

8.  Frozen ovine or caprine embryos must have been stored in accordance with Chapter III of Annex D of Council Directive 92/65/EEC.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-make with amendments the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 5) Regulations 2007.

They implement Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom dated 9th August 2007, as amended by Commission Decision 2007/588/EC dated 24th August 2007, Commission Decision 2007/608/EC dated 13th September 2007, Commission Decisions 2007/663/EC and 2007/664/EC dated 12th October 2007, and Commission Decision 2007/709/EC dated 31st October 2007.

The principal amendments give effect to the changes made by Commission Decisions 2007/709/EC.

They regulate–

• the importation to, dispatch from, transit through, and export from Scotland of live animals (regulations 5 and 6),

• the export of meat from bovine, ovine, caprine, porcine and other biungulate animals (regulations 7 to 9),

• the marking and sale in Scotland of meat not eligible for export (regulation 10),

• the export of meat products, milk and dairy products (regulations 11, 14 and 15),

• the export of semen, ova or embryos of bovine, ovine, caprine, porcine and other biungulate animals (regulation 16),

• the export of hides and skins (regulation 17), and

• the export of certain animal products (regulation 18).

The prohibitions on dispatch under these Regulations do not apply to certain animals or products as specified in the applicable regulations.

Further, the prohibition does not apply to products produced outside the United Kingdom that remain in their original packaging, or produced in the United Kingdom from pre-processed products originating elsewhere (regulation 19).

They create offences relating to personal export and of offering to export anything which it is prohibited to export under the Regulations (regulations 20 and 21).

They provide for the cleansing and disinfection of vehicles used to transport live animals susceptible to foot-and-mouth disease (regulation 12)

They provide powers in respect of enforcement (regulation 22) and create offences of obstruction and providing false information (regulations 24 and 25).

They provide for sharing of information relating to these Regulations (regulation 29).

The Regulations are enforced by the Scottish Ministers or the local authority (regulation 30).

Breach of the Regulations is an offence, punishable–

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

A regulatory impact assessment has not been prepared for these Regulations.