The Scottish Government

Dear Consultee

IMPLEMENTATION OF COMMISSION DECISION 2000/68/EC : EXTENSION OF THE HORSE PASSPORT SCHEME IN SCOTLAND

I am writing to invite your comments on the attached draft Scottish Statutory Instrument (SSI) which, when brought into force, will revoke and replace the existing Horse Passport Order 1997 (as amended).

These legislative changes are necessary in order to implement Commission Decision 2000/68/EC, the objective of which is to prevent horses, which have been administered in the previous 6 months with medicines that have not been authorised for use in food producing animals, being slaughtered for human consumption.

The new Order will be more extensive in its scope than the 1997 Order requiring all equines to have a passport. Owners of horses that do not currently have a passport will have to apply for one as soon as possible before the Order comes into force. Anyone who already has a passport for their horse which does not include a section for recording medicines administered will have to either obtain a new passport or the additional section for insertion into the existing passport. The cost of issuing these additional pages and the new passports will be determined by the individual Passport Issuing Authorities (PIAs), that is organisations recognised under the Horses (Zootechnical Standards) Regulations 1992. As it is intended that the legislation implementing these changes will be in place by the end of this year, the Department has publicised these new requirements in order to give horse owners sufficient time to make the necessary application to an appropriate PIA.

Comments on the draft SSI are requested by 14 September 2003 and should be sent to Kenny Gilchrist at the above address. When the consultation period is over, and in line with the Scottish Executive's policy on openness, all responses will be made publicly available in the Scottish Executive Library, K Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3DX (Tel: 0131 244 4565) unless organisations or individuals clearly indicate that they do not wish their views to be made public.

If you consider that we have omitted any relevant person or organisation from our consultee list, I would be grateful if you could advise me of their details and I will arrange for copies of these papers to be forwarded to them.

Yours sincerely

M Bradley

Animal Health and Welfare

SCOTTISH STATUTORY INSTRUMENTS - CONSULTATION DRAFT

The Horse Passports (Scotland) Order 2003

(Draft prepared for public consultation - 16 July 2003)

Citation, commencement and extent

1. This Order may be cited as the Horse Passports (Scotland) Order 2003 and shall come into force on 1 ^st January 2004.

(2) This Order extends to Scotland only.

Interpretation

2.-(1) In this Order-

"the Act" means the Animal Health Act 1981;

"Commission Decision 92/353/EEC" means Commission Decision No. 1992/353/EEC of 11 June 1992 laying down the criteria for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidae();

"Commission Decision 92/354/EEC" means Commission Decision No. 1992/354/EEC of 11 June 1992 laying down certain rules to ensure coordination between organisations and associations which maintain or establish stud-books for registered equidae();

"Council Regulation 2377/90/EEC" means Council Regulation No. 2377/1990/EEC of 26 June laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin ();

"horse" means a domestic animal of the equine or asinine species or a crossbreed of those species;

"horse passport" means an identification document which has been issued for a horse by a recognised organisation in accordance with the provisions of this Order;

"keeper" means a person who is not the owner of a horse but is appointed by the owner to have day to day charge of that horse;

"recognised organisation" means an organisation recognised by the Scottish Ministers as being qualified to issue horse passports in terms of Commission Decision 92/353/EEC and Commission Decision 92/354/EEC;

"semi-feral breed" means a breed of horse registered with one of the following recognised organisations-

(a) the Dales Pony Society;

(b) the Dartmoor Pony Society;

(c) the Exmoor Pony Society;

(d) the Fell Pony Society;

(e) the New Forest Pony Breeding and Cattle Society;

(f) the Eriskay Pony Society;

(g) the Highland Pony Society;

(h) the Shetland Pony Society; or

(i) the Welsh Pony and Cob Society; and

"studbook" means any book, register, file or data medium-

(a) which is maintained by a recognised organisation, and

(b) in which horses are entered or registered with mention of all their known ascendants.

(2) In this Order any application shall be in writing.

(3) Any reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(), which has been recorded and is consequently capable of being reproduced.

Issue of horse passports for horses kept in Scotland and registered before 30th November 2003

3.-(1) Any owner of a horse which is kept within Scotland which-

(a) on or after 30th November 2003 has either been registered

with, or is eligible for entry in a studbook of a recognised organisation;

(b) does not have a passport issued by a recognised organisation; and

(c) is not a horse referred to in article 7,

shall on or before 1st January 2004 apply to a recognised organisation for a horse passport for that horse.

(2) Where a recognised organisation has prior to 30th November 2003 issued to the owner of a horse kept within Scotland a horse passport which is not in the form set out in the Schedule, the owner of that horse shall prior to 1st January 2004 apply to that recognised organisation for the issue of an additional section for that horse passport in which details of veterinary medicines administered to that horse may be recorded.

(3) On receipt of an application for a horse passport to be issued in accordance with article 3(1) or for an additional section for a horse passport in accordance with article 3(2) and provided the requirements of the recognised organisation are complied with, the recognised organisation shall issue a horse passport in the form set out in the Schedule, or an additional section for that horse passport, as may be appropriate.

.

Issue of horse passports for horses kept in Scotland but not registered before 30th November 2003

4.-(1) Any owner of a horse which is kept within Scotland which-

(a) has not been registered with a recognised organisation prior

to 30th November 2003; and

(b) is not a horse referred to in article 7,

shall on or before 1 ^st January 2004, apply to a recognised organisation for a horse passport for that horse.

(2) Any owner of a horse which is born on or after 30th November 2003 shall,

(a) within six months of that horse being born; or

(b) before it leaves the premises on which it was born without its

dam, if sooner,

apply to a recognised organisation for a horse passport for that horse.

(3) On receipt of an application for a horse passport in accordance with articles 4(1) or 4(2) which complies with the requirements of the recognised organisation, that recognised organisation shall issue a horse passport in the form set out in the Schedule.

Issue of horse passports for horses entering Scotland

5.-(1) Where a horse enters Scotland without a horse passport issued by a recognised organisation or by a competent authority in a Member State other than the Scottish Ministers the owner shall, within 14 days of the horse so entering, apply to a recognised organisation for a horse passport.

(2) On receipt of an application for a horse passport in accordance with article 5(1) which complies with the requirements of the recognised organisation, that organisation shall issue a horse passport in the form set out in the Schedule.

Horses entering or kept within Scotland on the basis of horse passports issued by a recognised organisation

6. Where a horse enters Scotland or is kept within Scotland with a horse passport issued by a competent authority in a Member State other than the Scottish Ministers, then provided that the horse passport complies with the provisions of this Order, it shall be treated as being of full force and effect for the purposes of this Order.

Semi-feral breeds

7.-(1) In the case of an application for a horse passport for a horse of a semi-feral breed, the recognised organisation shall not require to complete sections III and IV of the horse passport at the time the horse passport is issued.

(2) Where a horse passport has been issued to a horse of a breed referred to in paragraph (1), the owner shall send that horse passport to the recognised organisation which issued it for completion by it of sections III and IV of the horse passport -

(a) before any of the following events occurs-

(i) the horse reaches the age of 12 months;

(ii) the horse is sold by auction for the second time;

(iii) the horse is moved to other premises for competition purposes;

(iv) the horse is moved out of Great Britain;

(v) the horse is moved to the premises of a new keeper;

(vi) the horse is moved on any other occasion specified by the recognised organisation; or

(b) within 14 days of the horse being moved to other premises for veterinary treatment.

Life Number

8. The recognised organisation when issuing a horse passport shall-

(a) identify that horse by a number which has not been used for any other horse; and

(b) record that number in section II of the horse passport issued in respect of that horse.

Language of horse passports

9. A horse passport shall be in English and French, but may in addition contain a translation (either of the whole horse passport or of part of it) into such other language or languages as the recognised organisation thinks fit, except that section IX shall be in English and French only.

Requirements applying to owners and keepers of horses

10.-(1) The owner or keeper of a horse, on receipt of a horse passport issued by a recognised organisation, shall sign the declaration in section IX, Part II or III-A of the passport stating whether the horse is intended for human consumption or not.

(2) Where the owner of a horse appoints a keeper in respect of that horse, the owner shall ensure that the horse passport is given to that keeper.

(3) If the appointment of the keeper referred to in paragraph (2) is terminated, that keeper shall return the horse passport to the owner.

(4) The owner of a horse shall ensure that the horse is accompanied by its horse passport-

(a) when it is moved within or out of Great Britain;

(b) when it is moved to other premises for competition purposes;

(c) when it is moved to other premises to receive veterinary treatment;

(d) when it is moved to the premises of a new owner or keeper;

(e) when it is moved to a slaughterhouse for slaughter;

(f) when it is moved on any other occasion specified by the recognised organisation which issued the horse passport.

Requirements of Veterinary Surgeons

11.-(1) A veterinary surgeon who is asked to administer veterinary treatment to a horse shall when given the horse passport relating to that horse-

(a) check that the horse is the one described in the horse passport; and

(b) unless the horse is a semi-feral breed and sections III and IV of the horse passport have not been completed in accordance with article 7(2)(b), enter the treatments administered to the horse as required in sections V and VI of the horse passport.

(2) If the horse passport contains a declaration to the effect that that horse is intended for human consumption that veterinary surgeon shall-

(a) refrain from administering any of the drugs listed in Annex IV of Council Regulation 2377/90/EEC(); and

(b) enter in section IX, Part III-B of the horse passport the date of the last treatment administered to the horse with a medicinal product containing substances not included in Annex I, II, III or IV of Council Regulation 2377/90/EEC.

(3) When the owner or keeper of the horse does not give the veterinary surgeon a horse passport, that veterinary surgeon shall refrain from administering any of the drugs listed in Annex IV of Council Regulation 2377/90/EEC.

Prohibitions

12. No person shall-

(a) amend sections I to IV of a horse passport unless that person is authorised so to do by the recognised organisation which has issued it;

(b) hold more than one horse passport in respect of a horse at the same time;

(c) on receipt of a replacement horse passport, change the meaning of the declaration contained in Annex IX section from that contained in the previous passport;

(d) change the name of a horse as stated in the horse passport issued in respect of that horse; or

(e) unless that person is the owner or keeper of the horse, retain any horse passport in respect of that horse.

Sale of a horse

13. On the sale of a horse-

(a) the seller shall give the horse passport to the buyer;

(b) the buyer shall send the horse passport to the recognised organisation which issued it within 28 days of the date of purchase of the horse, with details of the new owner; and

(c) the recognised organisation shall insert details of the new owner into the horse passport and issue it to the new owner.

Replacement of a lost or damaged horse passport

14.-(1) Where a horse passport has been lost or damaged the owner of a horse in respect of which that horse passport has been issued shall apply for a replacement horse passport for that horse-

(a) where the recognised organisation which issued the horse passport is known, to that organisation; or

(b) where the recognised organisation which issued the horse passport is not known, to any recognised organisation having authority to issue such a horse passport.

(2) Where the recognised organisation issues a replacement horse passport in terms of paragraph (1) that replacement horse passport shall-

(a) be marked with the word "Replacement"; and

(b) state whether the horse to which the horse passport refers is intended for human consumption.

(3) Where a replacement horse passport is issued, the recognised organisation shall ensure, in so far as it is able, that all the details contained within the horse passport previously issued relating to the identity of the horse and veterinary treatment it has received, as prescribed by sections II to VII of the horse passport, are included in the replacement horse passport.

Powers of recognised organisations

15.-(1) A recognised organisation may cancel a horse passport issued by it under this Order if it is satisfied that the provisions of this Order have not been or are not being complied with or that a horse passport issued by it has been left incomplete, improperly completed or falsified.

(2) A recognised organisation may require any person in possession of a horse passport which it has issued to produce it on reasonable demand at any time and surrender it on reasonable demand.

Withdrawal of recognition

16. Where a recognised organisation has its recognition withdrawn in terms of regulation 3 of the Horses (Zootechnical Standards) Regulations 1992(), any horse passport issued by it shall be of no force and effect, save that-

(a) the holder of any horse passport issued by that recognised organisation shall, within three months of the date of withdrawal of recognition referred to in this article, be entitled to apply to another recognised organisation for a new horse passport; and

(b) until that application has been determined, the horse passport issued prior to the date of withdrawal of recognition referred to in this article shall, if it complies with the provisions of this Order, continue to be of full force and effect.

Offences

17. It shall be an offence for any person or organisation to fail to comply with any provision of this Order.

Enforcement

18. This Order shall be enforced by the local authority, but the Scottish Ministers shall have power to enforce any provision of this Order at their discretion.

Revocations

19. The Horse Passports Order 1997() and the Horse Passports (Amendment) Order 1998() are hereby revoked insofar as they relate to Scotland.

Articles 3(2) and (3), 4(3) and 5(2)

SCHEDULE

Note: The Schedule, which prescribes the form of the horse passport, will be similar in form and content to the Schedule to the Horse Passports Order 1997 (1997/2789), with an additional section to record details of veterinary medicines administered to the horse.

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