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2004 No. 388

EUROPEAN COMMUNITIES

ANIMALS

Transmissible Spongiform Encephalopathy (Amendment) Regulations (Northern Ireland) 2004

  Made 10th September 2004 
  Coming into operation 4th October 2004 

The Department of Agriculture and Rural Development, being a Department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures in the veterinary and phytosanitary fields for the protection of public health, in exercise of the powers conferred on it by the said section 2(2), hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Transmissible Spongiform Encephalopathy (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 4th October 2004.

Amendment to the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002
    
2. The Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002[3] are amended in accordance with these Regulations.

     3. After regulation 86 there shall be inserted -

     4. For paragraph 13(2) of Part III of Schedule 1 there shall be substituted the following paragraph -

     5. After Schedule 6 there shall be inserted the following Schedule -





Sealed with the Official Seal of the Department of Agriculture and Rural Development on


10th September 2004.

L.S.


Tony McCusker
A senior officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002 (S.R. 2002 No. 225). They make provision for the enforcement of Annex VII (other than paragraphs 1(a) and 2(a)) to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L147, 31.5.2001, p. 1). Annex VII to that Regulation was first replaced in respect of ovine and caprine animals by Commission Regulation (EC) No. 260/2003 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards the eradication of transmissible spongiform encephalopathies in ovine and caprine animals and rules for the trade in live ovine and caprine animals and bovine embryos (O.J. No. L37, 13.02.2003, p. 7). The Annex was subsequently replaced by Commission Regulation (EC) No. 1915/2003 (O.J. No. L283, 31.10.2003, p. 29) and Commission Regulation (EC) No. 1492/2004 (O.J. No. L274, 24.08.2004, p. 3).

They add a new Schedule 6A to the Regulations. Part I of this Schedule provides that the Department is the competent authority for the purposes of Annex VII to the EU Regulation (paragraph 1 of the Schedule). It makes provision for notices to be served and procedures to be followed following confirmation of TSE in sheep and goats (paragraphs 2 to 8).

Part II of the Schedule (paragraphs 9 to 13) regulates movement of sheep and goats following service of a notice under Part I and provides for potential derogations specified in Annex VII to the EU Regulation (paragraph 14).

Part III provides an appeals procedure against notices served under the Schedule.

Part IV specifies compensation for animals, embryos and ova destroyed in accordance with the Schedule.

An additional amendment to the markets listed in Schedule 1, Part III 13(2) of the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002 is included. These markets are required to submit returns on a weekly basis to the Department, to facilitate the calculation of the indicative market price used in compensation for TSE suspects. Not all those markets currently listed trade in the categories of animals for which a return requires to be furnished. To address this issue and achieve a more accurate reflection of market prices Enniskillen market is replaced by Saintfield market.


Notes:

[1] S.I. 2000/2812back

[2] 1972 c. 68back

[3] S.R. 2002 No. 225 as amended by S.R. 2003 No. 509back

[4] This Schedule enforces Annex VII (other than paragraphs 1(a) and 2(a)) to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L147, 31.5.2001, p. 1). Annex VII to that Regulation was first replaced in respect of ovine and caprine animals by Commission Regulation (EC) No. 260/2003 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards the eradication of transmissible spongiform encephalopathies in ovine and caprine animals and rules for the trade in live ovine and caprine animals and bovine embryos (O.J. No. L37, 13.02.2003, p. 7) and replaced again by Commission Regulation (EC) No. 1915/2003 as regards the trade and import of ovine and caprine animals and the measures following the confirmation of transmissible spongiform encephalopathies in bovine, ovine and caprine animals (O.J. No. L283, 31.10.2003, p. 29) and further replaced by Commission Regulation (EC) No. 1492/2004 as regards eradication measures for transmissible spongiform encephalopathies in ovine and caprine animals and rules for the trade in live embryos of ovine and caprine animals (O.J. No. L274, 24.8.2004, p. 3)back



ISBN 0 33795672 3


  © Crown copyright 2004

Prepared 23 September 2004


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