The Transmissible Spongiform Encephalopathies (Wales) (Amendment) Regulations 2008

Made: 25 April 2008

Laid before the National Assembly for Wales: 25 April 2008

Coming into force: 26 April 2008

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[^f00003] there has been open and transparent public consultation during the preparation and evaluation of the following Regulations.

Title, application and commencement

1

The title of these Regulations is the Transmissible Spongiform Encephalopathies (Wales) (Amendment) Regulations 2008, they apply in relation to Wales and they come into force on 26 April 2008.

Amendment of the Transmissible Spongiform (Encephalopathies) (Wales) Regulations 2006

2

• (1) The Transmissible Spongiform Encephalopathies (Wales) Regulations 2006[^f00004] are amended in accordance with paragraphs (2) to (4).

• (2) In Paragraph (1) of regulation 2 (Interpretation)—

• (a) immediately before the definition of “bovine animal” there is inserted the following definition—

• “the amended Community TSE Regulation” means the Community TSE Regulation as amended by Commission Regulation (EC) No. 722/2007 amending Annexes II, V, VI, VIII, IX and XI 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[^f00005] and Commission Regulation (EC) No. 357/2008 amending Annex V 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[^f00006];

• (b) in the definition of “cutting plant”, for the reference to paragraph 10(2)(c) of Schedule 6 there is substituted a reference to paragraph 9(2)(b)(iii) of that Schedule; and

• (c) immediately after the definition of “slaughterhouse” there is inserted the following definition —

• “specified risk material” (save as specified in paragraph 20(6) of Schedule 6) has the meaning given to it in Article 3.1(g) of the amended Community TSE Regulation;

• (3) For Schedule 6 (specified risk material, mechanically separated meat and slaughtering techniques) there is substituted the Schedule set out in the Schedule to these Regulations.

• (4) In Schedule 7 (restrictions on dispatch to other member States and to third countries) for paragraph 2 (exports to third countries) there is substituted the following paragraph—

(2) Any person who fails to comply with point 10.3 of Annex V to the amended Community TSE Regulation is guilty of an offence.

Revocation

3

The Beef Bones Regulations 1997[^f00007] are revoked in as far as they apply in relation to Wales.

THE SCHEDULE — SCHEDULE SUBSTITUTED FOR SCHEDULE 6 TO THE TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES (WALES) REGULATIONS 2006

Signed

Gwenda Thomas — Under authority of the Minister for Health and Social Services, one of the Welsh Ministers. — 25 April 2008

Explanatory note

(This note is not part of the Regulations)

1 These Regulations amend the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (S.I. 2006/1226 (W.117)), as amended, which provide for the enforcement in relation to Wales of 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 (OJ No. L147, 31.5.2001, p.1) as amended by and as read with the Community instruments set out in Schedule 1 to S.I. 2006/1226 (W. 117).

2 The principal amendment is that a revised Schedule 6 is inserted into S.I. 2006/1226 (W.117) (regulation 2(3)).

3 Schedule 6 to S.I. 2006/1226 currently provides for the enforcement of the revised text of Annex V to Regulation (EC) No. 999/2001 that was inserted into that Regulation by Commission Regulation (EC) No. 722/2007 (OJ No. L164, 26.6.2007, p.7).

4 Commission Regulation (EC) No. 357/2008 (OJ No. L111,23.4.2008, p.3) has amended that revised text by substituting for the provision designating vertebral column of bovine animals aged over 24 months at slaughter as specified risk material a provision designating vertebral column of bovine animals aged over 30 months at slaughter as specified risk material.

5 The revised Schedule 6 inserted into S.I. 2006/1226 by these Regulations provides for the enforcement of Annex V to Regulation (EC) No. 999/2001 as now amended by Commission Regulation (EC) No. 357/2008. Paragraph 20 of Schedule 6 provides for transitional arrangements in relation to the consignment of meat derived from bovine animals aged 30 months or less at slaughter to butcher shops and cutting plants.

6 These Regulations also— a make consequential amendments to paragraph (1) of regulation 2 (interpretation) of S.I. 2006/1226 in the light of the revised text of Annex V to Regulation (EC) No. 999/2001 referred to in paragraph 4 above and the revised Schedule 6 to S.I. 2006/1226 referred to in paragraph 5 above (regulation 2(2)); b update the wording of paragraph 2 of Schedule 7 to S.I. 2006/1226 to provide for the enforcement of point 10.3 of Annex V to Regulation (EC) No. 999/2001 (prohibition on export outside the Community of heads and fresh meat of bovines, ovines and caprines containing specified risk material (regulation 2(4)); and c revoke the Beef Bones Regulations 1997 (S.I. 1997/2959), which extend to the whole of Great Britain, in so far as they apply in relation to Wales (regulation 3).

7 An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and copies are available from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.

Footnotes

[^f00001]: 1972 c. 68.

[^f00002]: S.I. 2003/1246. By virtue of section 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006, functions conferred on the National Assembly for Wales by this designation are exercisable by the Welsh Ministers.

[^f00003]: OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3).

[^f00004]: S.I. 2006/1226 (W.117), amended by S.I. 2007/2244 (W.176).

[^f00005]: OJ No. L164, 26.6.2007, p.7.

[^f00006]: OJ No. L 111, 23.4.2008, p.3.

[^f00007]: S.I. 1997/2959.

[^f00008]: OJ No. L 204, 11.8.2000, p.1.

[^f00009]: Colour Index is published by the Society of Dyers and Colourists at Perkin House, 82 Grattan Road, Bradford, West Yorkshire BD1 2JB.

[^f00010]: OJ No. L 99, 20.4.1996, p.14.

[^f00011]: OJ No. L337, 22.12.2005, p.25.

[^f00012]: OJ No. L157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p.12).

[^f00013]: OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26).

[^f00014]: OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.29).

[^f00015]: OJ No. L271, 15.10.2005, p.17.

[^f00016]: OJ No. L338, 22.12.2005, p.27.

[^f00017]: OJ No. L338, 22.12.2005, p.60.

[^f00018]: OJ No. L338, 22.12.2005, p.83.

[^f00019]: OJ No. L363, 20.12.2006, p.1.

[^f00020]: OJ No. L164, 26.6.2007, p.7.

[^f00021]: OJ No. L281, 25.10.2007, p.8.

[^f00022]: OJ No. L281, 25.10.2007, p.12.

[^f00023]: OJ No. L281, 25.10.2007, p.19.

[^f00024]: OJ No. L281, 25.10.2007, p.21.

Editorial notes

[^key-22984534c9d5381444bfef7424fab60a]: Reg. 1 in force at 26.4.2008, see reg. 1

[^key-ac5a477c6b9117043489e8bfd776189c]: Reg. 2 in force at 26.4.2008, see reg. 1

[^key-7298383b031079ca0724a1d95a4d36e7]: Reg. 3 in force at 26.4.2008, see reg. 1

[^key-5e4844863a6ad9ac707ef6c2c1c94108]: Sch. in force at 26.4.2008, see reg. 1