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STATUTORY INSTRUMENTS


2005 No. 2902 (W.205)

ANIMALS, WALES

ANIMAL HEALTH

The TSE (Wales) (Amendment) (No. 2) Regulations 2005

  Made 18 October 2005 
  Coming into force 19 October 2005 

The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures in the veterinary fields for the protection of public health, in exercise of the powers conferred by that section, makes the following Regulations:

     1. These Regulations may be cited as the TSE (Wales) (Amendment) (No.2) Regulations 2005 and comes into force on 19 October 2005.

    
2. The TSE (Wales) Regulations 2002[3] are amended in accordance with the provisions of these Regulations.

     3. In regulation 3(1) (interpretation)—

and the word "and" is deleted from the end of sub-paragraph (e), and added to the end of the sub-paragraph (c), of that definition;

and the word "and" is deleted from the end of sub-paragraph (b), and added to the end of the sub-paragraph (c), of that definition;

     4. After Regulation 10 (notifications), there are inserted the following regulations—

     5. In regulation 23 (production of feedingstuffs containing fishmeal), for paragraphs (1), (2) and (3) there are substituted—

     6. In regulation 25 (use and storage of feedingstuffs)—

     7. After regulation 25, there are inserted the following regulations—

     8. In regulation 29B (slaughter of animals), for paragraph (4) there is substituted—

     9. In regulation 33 (removal of specified risk material from carcases in slaughterhouses)—

     10. In regulation 36 (removal of vertebral column of bovine animals in cutting premises)—

     11. For regulation 37 (removal of SRM spinal cord of bovine animals, sheep and goats) there is substituted—

     12. For regulation 38 (young lamb stamp), there is substituted—

     13. —(1) In regulation 41(1) and (2), after the words "young lamb stamp", there are inserted ", or young goat stamp, as the case may be,".

    (2) In regulations 46(1) and 47(1), after the words "young lamb stamp", there are inserted ", or young goat stamp, as the case may be".

    
14. After Schedule 1(compensation), there is inserted Schedule 1A set out in the Schedule.

    
15. In Schedule 6A (enforcement of Annex VII to the Community TSE Regulation), after part IV (compensation), there is inserted—





Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
18].


D. Elis-Thomas
The Presiding Officer of the National Assembly

18 October 2005



SCHEDULE
Regulation 14

          





EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the TSE (Wales) Regulations 2002, S.I. 2002/1416 ("the 2002 Regulations"), which give effect in Wales to the enforcement and administration of Regulation EC No. 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies. Other amending Regulations are S.I. 2004/2735 and S.I. 2005/1392.

These Regulations also give effect in part to Article 16a of Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition (OJ No. L 265, 8.11.1995, p.17). Article 16a was inserted by Directive 2001/46 of the European Parliament and of the Council (OJ No. L 234, 1.9.2001, p. 55). The relevant provision is contained in new regulation 25B of the 2002 Regulations, inserted by regulation 7 of these Regulations.

The main changes are as follows.

Amendments are made to certain definitions contained in regulation 3 of the 2002 Regulations. (Regulation 3.)

New regulation 10A of, and new Schedule 1A to, the 2002 Regulations make provision for a regime for the slaughter for human consumption, and testing, of cattle over thirty months of age and new regulation 10(B) prohibits consignment to a slaughterhouse a bovine animal born or reared in the UK before 1st August 1996. (Regulation 4 and the Schedule.)

Regulation 23 of the 2002 Regulations is amended to make provision relating to the use of premises for the production of feedingstuffs containing fishmeal. (Regulation 5.)

New regulation 25A of the 2002 Regulations contains further provisions about feedingstuffs containing fishmeal and new regulation 25B relates to the submission of samples of feedingstuffs to laboratories. (Regulation 7.)

Regulation 33 of the 2002 Regulations is amended to make new provision about the removal of specified risk material from the carcase of a bovine animal slaughtered for human consumption. (Regulation 9.) ("Specified risk material" is defined in regulation 3(1) of the 2002 Regulations.)

Regulation 37 of the 2002 Regulations is replaced by a new regulation relating to the removal of spinal cord from sheep and goats. (Regulation 11.)

Regulation 38 of the 2002 Regulations is replaced by a new regulation relating to the stamping of the carcases of young lambs and goats from which have been removed the spleen and ileum. (Regulation 12.)

Provision is made for the penalties for offences under Schedule 6A of the 2004 Regulations. (Regulation 15.)

A regulatory appraisal has been prepared and placed in the library of the National Assembly. Copies can be obtained from the Office of the Chief Veterinary Officer, Endemic Branch, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.


Notes:

[1] S.I. 2003/1246.back

[2] 1972 c.68.back

[3] S.I. 2002/1416.back

[4] OJ No. L 163, 23.6.2005 p 1.back

[5] 1967c.22; section 1 was amended by the Agriculture Act 1986 (c.49), section 7back

[6] S.I. 1996/2097; the relevant amending instrument is S.I. 2000/656.back

[7] OJ L 99, 20.4.1996, t. 14.back

[8] OJ L 104, 27.4.1996, t. 21.back

[9] OJ L 112], 7.5.1996, t. 17.back

[10] OJ L 189, 30.7.1996, t. 93.back

[11] OJ L 245, 26.9.1996, t. 9.back

[12] OJ L 262, 16.10.1996, t. 2.back

[13] OJ L 288, 9.11.1996, t. 14.back

[14] OJ L 329, 19.12.1996, t. 43.back

[15] OJ L 188, 17.7.1997, t. 6.back

[16] OJ L 131, 1.6.2000, t. 37.back

[17] OJ L 96, 12.4.2003, t. 13.back

[18] 1998 c.38.back

[19] Current edition (2005); ISBN 92-1-139097-4.back



Cymraeg (Welsh)



ISBN 0 11 091196 2


 © Crown copyright 2005

Prepared 24 October 2005


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URL: http://www.bailii.org/wales/legis/num_reg/2005/20052902e.html