Scotland & EU Law
An Open Letter to:
The Scottish Office from Bryn Wayt
01.05.12

Dear Sir or Madam,
 
Can one of your senior lawyers explain to me why Scottish Law has become superior to EU Law ?
 
I refer to the illegal slaughter of 5 healthy pet sheep which was so widely condemned.  I also refer to the EU Law which indicates the illegal slaughter.  I will only use the Articles that should STOP illegal slaughter...........
 
Article 2     defines an "infected animal"
 
Article 3     is the "stopper"  This makes it essential to "notify"  and NOT KILL.
 
Article 4     forces a sample to be taken, and "surveillance" now takes place...........NO KILLING
 
Article 5    is where slaughter is allowed..........BUT.........only after CONFIRMATION of FMD
 
385L0511
Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot- and-mouth disease   Official Journal L 315 , 26/11/1985 p. 0011 - 0018 

Amendments:
Implemented by 388D0397 (OJ L 189 20.07.1988 p.25) 
Amended by 390L0423 (OJ L 224 18.08.1990 p.13) 
Amended by 392D0380 (OJ L 198 17.07.1992 p.54) 
Amended by 194N 
Incorporated by 294A0103(51) (OJ L 001 03.01.1994 p.220) 

Text:

***** 
COUNCIL DIRECTIVE  of 18 November 1985 

introducing Community measures for the control of foot-and-mouth disease 
(85/511/EEC) 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof, 
Having regard to the proposal from the Commission (1), 
Having regard to the opinion of the European Parliament (2), 
Having regard to the opinion of the Economic and Social Committee (3), 

Whereas one of the Community's tasks in the veterinary field is to improve the state of health of livestock, thereby increasing the profitability of stockfarming; 

Whereas an outbreak of foot-and-mouth disease can quickly take on epizootic proportions, causing mortality and disturbances on a scale liable to reduce sharply the profitability of farming of pigs and ruminants as a whole; 

Whereas action must be taken as soon as the presence of the disease is suspected so that immediate and effective control measures can be implemented as soon as its presence is confirmed; whereas such measures must be modulated by the competent authorities to take account of whether or not a country carries out a prophylactic vaccination programme on all or part of its territory; whereas, under certain conditions, the Member States which practise such a policy may authorize animals having sufficent immunization protection against the foot-and-mouth virus to be exempted from slaughter; 

Whereas it is necessary to prevent any spread of the disease as soon as an outbreak occurs, by carefully monitoring movements of animals and the use of products liable to be contaminated, and, where appropriate, by vaccination; 

Whereas diagnosis of the disease and identification of the relevant virus must be carried out under the auspices of responsible laboratories the coordination of which must be ensured by a reference laboratory appointed by the Community; 

Whereas the vaccine used for emergency vaccination must be verified both for efficacy and safety, with coordination being carried out by a specialized institute appointed by the Community; whereas, furthermore, special coordinated measures must be implemented where virus types or variants are detected against which the vaccines usually used in the Community do not provide sufficient protection; whereas it proves necessary, to this end, to make provision for the Member States which vaccinate to draw up multiannual vaccination plans which will be examined and, where appropriate, be the subject of Community coordination; 

Whereas provision must be made for a procedure for close cooperation between the Member States and the Commission; 

Whereas the arrangements introduced by this Directive are of an experimental nature and whereas they will have to be reviewed in keeping with developments in the situation, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 
This Directive defines the minimum Community control measures to be applied in the event of outbreaks of foot-and-mouth disease, whatever the type of virus concerned, without prejudice to the Community provisions governing intra-Community trade. 
This Directive does not affect Member States' prophylactic vaccination policies. 

Article 2 
For the purposes of this Directive, the definitions given in Article 2 of Directive 64/432/EEC (1) shall apply as appropriate. 
The following definitions shall also apply: 
(a) 'animal of a susceptible species' means any domestic or wild ruminant or swine present on a holding; 
(b) 'receptive animal' means any animal of a susceptible species which is not vaccinated, or which is vaccinated but whose immunization cover is considered to be inadequate by the competent authority; 
(c) 'infected animal' means any animal of a susceptible species: 
- in which clinical symptoms or post-mortem lesions which may arise from foot-and-mouth disease have been ascertained, 
or 
- in which the presence of foot-and-mouth disease has been officially ascertained following a laboratory examination; 
(d) 'animal suspected of being infected' means any animal of a susceptible species showing clinical symptoms or post-mortem lesions which are such that the presence of foot-and-mouth disease may reeasonably be suspected; 
(e) 'animal suspected of being contaminated' means any animal of a suspectible species which may - according to the epizootiological information collected - have been directly or indirectly exposed to the foot-and-mouth virus. 

Article 3 
Member States shall ensure that the presence, or suspected presence, of foot-and-mouth disease is compulsorily and immediately notifiable to the competent authority, in accordance with Directive 82/894/EEC (2). 

Article 4 
1. Member States shall ensure that, where a holding contains one or more animals suspected of being infected or of being contaminated with foot-and-mouth disease, official means of investigation to confirm or rule out the presence of the disease are set in motion immediately and, in particular, that the official veterinarian takes the necessary samples, or has them taken, for laboratory examination. 

As soon as the suspected infection is notified, the competent authority shall have the holding placed under official surveillance and shall in particular order that: 

- a census be made of all categories of animals of susceptible species and that, in respect of each of these categories, the number of animals already dead, infected or liable to be infected or contaminated be recorded; the census must be kept up to date to take account of animals born or dying during the period of suspicion; the information in the census must be produced on request and may be checked at each visit; 

- all animals of susceptible species on the holding be kept in their living quarters or some other place where they can be isolated; 

- no animals of susceptible species enter or leave the holding; 

- no animals of other species enter or leave the holding without the authorization of the competent authority; 

- all movement from the holding of meat or carcases of animals of susceptible species or of animal feed, utensils, objects or other substance, such as wool or waste or rejected matter, liable to transmit foot-and-mouth disease be prohibited, unless authorized by the competent authority; 

- the movement of milk from the holding be prohibited; in the event of difficulties in storing the milk on the holding, the competent authority may authorize the milk to be moved from the holding under veterinary supervision to a treatment establishment in order that it may be given heat treatment ensuring the destruction of the foot-and-mouth virus; 

- the movement of persons to or from the holding be made subject to authorization by the competent authority; 

- the entry or exit of vehicles to or from the holding be made subject to authorization by the competent authority which shall lay down the conditions necessary in order to avoid propagation of the foot-and-mouth virus; 

- appropriate means of disinfection be used at the entrances and exits of buildings housing animals of susceptible species and of the holding itself; 

- an epizootiological inquiry be carried out in accordance with Articles 7 and 8. 

2. The competent authority may extend the measures provided for in paragraph 1 to adjoining holdings should their location, their configuration, or contacts with animals from the holding where the disease is suspected give reason to suspect possible contamination. 

3. The measures referred to in paragraphs 1 and 2 shall not be withdrawn until the suspicion of foot-and-mouth disease has been officially ruled out. 

Article 5 
As soon as it has been confirmed that one or more of the animals defined in Article 2 (c) are on a holding, the competent authority shall introduce the following measures: 

1) the official veterinarian takes adequate samples or has them taken for examination by the laboratory referred to in Annex I, where these samples and examinations have not been taken or carried out during the period of suspicion in accordance with the first subparagraph of Article 4 (1); 

2) in addition to the measures listed in Article 4 (1), the following measures are taken without delay: 
(a) in Member States or regions where vaccination is prohibited: 
- all animals of susceptible species on the holding shall be slaughtered on the spot under official supervision in such a way as to avoid all risk of spreading the foot-and-mouth virus; 

is addressed to the Member States. 
Done at Brussels, 18 November 1985. 
For the Council 
The President 
J. FISCHBACH 

(1) OJ No C 248, 22. 9. 1982, p. 3. 
(2) OJ No C 242, 12. 9. 1983, p. 128. 
(3) OJ No C 77, 21. 3. 1983, p. 5. 
(1) OJ No 121, 29. 7. 1964, p. 1977/64. 
(2) OJ No L 378, 31. 12. 1982, p. 58. 
(1) OJ No L 47, 21. 2. 1980, p. 11. 
(2) OJ No L 339, 27. 12. 1984, p. 33. 
(1) OJ No 255, 18. 10. 1968, p. 23. 

ANNEX 
NATIONAL LABORATORIES DEALING WITH FOOT-AND-MOUTH DISEASE 

1.2 // BELGIUM AND LUXEMBOURG: // Institut national de recherches vétérinaires, Groeselenberg 99, 1180 Bruxelles. // 

DENMARK: // Statens veterinaere institut for Virusforskning, Lindholm. // 

ITALY: // Istituto zooprofilattico sperimentale della Lombardia e dell'Emilia Romagna, Brescia. Istituto superiore della Sanità, Roma. // 

UNITED KINGDOM AND IRELAND: // Animal Virus Research Institute, Pirbright, Woking, Surrey. // 

FRANCE: // Laboratoire national de pathologie bovine, Lyon. // 

GREECE: // Institoýto Afthódoys Pyretoý, Agía Paraskeví Attikís. // 

FEDERAL REPUBLIC OF GERMANY: // Bundesforschungsanstalt fuer Viruskrankheiten der Tiere, Tuebingen. // 

NETHERLANDS: // Centraal Diergeneeskundig Instituut, Lelystad. // 

SPAIN: // Laboratorio Central de Sanidad Animal, Madrid. // 

PORTUGAL: // Laboratório Nacional de Investigação Veterinária, Lisboa. 

End of the document

Bryn Wayt
Captain

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