OpenLegislation

Paragraph 2

(1)

The centre veterinarian must ensure that within the 28 days preceding the period of quarantine, the bovine animals are subjected to the following tests, with negative results in each case (except for the BVD/MD antibody test referred to in sub paragraph (1)(e)(ii))–

(a)

for bovine tuberculosis, an intradermal tuberculin test carried out in accordance with the procedure laid down in Annex B to Directive 64/432/EEC;

(b)

for bovine brucellosis, a serological test carried out in accordance with the procedure laid down in Annex C to Directive 64/432/EEC;

(c)

for enzootic bovine leukosis, a serological test carried out in accordance with the procedure laid down in Annex D (Chapter II) to Directive 64/432/EEC;

(d)

for IBR/IPV, a serological test (whole virus) on a blood sample if the bovine animals do not come from an IBR/IPV free herd as defined in Article 2.3.5.3. of the International Animal Health Code M1; and

(e)

for BVD/MD–

(i)

a virus isolation test or a test for virus antigen; and

(ii)

a serological test to determine the presence or absence of antibodies.

(2)

If any of the tests listed in sub-paragraph (1)(a) to (e)(i) are carried out on samples collected in the quarantine centre, the period of quarantine may not commence before the date of sampling.

(3)

If any of the tests listed in sub-paragraph (1)(a) to (e)(i) prove positive, the centre veterinarian must ensure that the relevant bovine animal is immediately removed from the quarantine centre.

(4)

In the case of group quarantine, the quarantine period does not commence for the remaining bovine animals until the bovine animal which tested positive has been removed.

F1(5)

For the purposes of sub-paragraph (1)(a), Annex B to Directive 64/432/EEC is to be read as if—

(a)

the reference to “Officially tuberculosis-free herd status may be suspended” includes the herd no longer being considered to be free from tuberculosis under the F2Tuberculosis (Scotland) Order 2023 (or legislation having equivalent effect in another part of the United Kingdom),

(b)

the references to “intra-Community trade” include trade between the United Kingdom and a member State,

(c)

the reference to “Community legislation” includes these Regulations and legislation having equivalent effect in another part of the United Kingdom,

(d)

the reference to “in a region, Member States” includes—

(i)

in Scotland, the Scottish Ministers,

(ii)

in relation to another part of the United Kingdom, an equivalent authority under legislation in force in that part of the United Kingdom;

(e)

the reference to “The State institutes, national reference laboratories or official institutes designated in accordance with Article 6a” includes—

(i)

in relation to Scotland, a laboratory approved by the Scottish Ministers,

(ii)

in relation to another part of the United Kingdom, a laboratory approved by an authority under legislation in force in that part of the United Kingdom,

for co-ordinating the standards and methods of diagnosis referred to;

(f)

the reference to “in their respective Member States” includes in respective parts of the United Kingdom.

(6)

For the purposes of sub-paragraph (1)(b), Annex C to Directive 64/432/EEC is to be read as if—

(a)

the references to “each Member State” and “the Member State” include the United Kingdom,

(b)

the references to “certification” include a “certificate” as defined in these Regulations or an equivalent certificate published by an authority in another part of the United Kingdom under legislation in force there;

(c)

the references to “intra-Community trade” include trade between the United Kingdom and a member State,

(d)

the reference to “officially brucellosis-free or brucellosis-free bovine herds” includes bovine herds which do not include bovine animals subject to measures imposed by a veterinary inspector under the Brucellosis (Scotland) Order 2009 (or legislation having equivalent effect in another part of the United Kingdom),

(e)

the reference to “National reference laboratories designated in accordance with Article 6a” includes—

(i)

in relation to Scotland, a laboratory approved by the Scottish Ministers,

(ii)

in relation to another part of the United Kingdom, a laboratory approved by an authority under legislation in force in that part of the United Kingdom,

for co-ordinating the standards and methods of diagnosis referred to.

(7)

For the purposes of sub-paragraph (1)(c), Annex D (Chapter II) to Directive 64/432/EEC is to be read as if the references to “The State institutes, national reference laboratories or official institutes designated in accordance with Article 6a” include—

(a)

in relation to Scotland, a laboratory approved by the Scottish Ministers,

(b)

in relation to another part of the United Kingdom, a laboratory approved by an authority under legislation in force in that part of the United Kingdom,

for co-ordinating the standards and methods of diagnosis referred to.

Annotations

Textual amendments

F1

Sch. 2 para. 2(5)-(7) inserted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 22(11)(b) (as amended by S.S.I. 2020/380, regs. 1(2), 3(3)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in sch. 2 para. 2(5)(a) substituted (18.5.2023) by The Tuberculosis (Scotland) Order 2023 (S.S.I. 2023/93), arts. 1(1), 40(2)

Marginal citations

M1

Available at http://www.oie.int/eng/normes/mcode/en_chapitre_2.3.5.htm.

Notes on Schedule 2

Textual amendments

F1

Word in Regulations substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 22(2)(b); 2020 c. 1, Sch. 5 para. 1(1)