The Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 1980

Animals, England

Animal Health

Public Health, England

The Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015

Made

4th December 2015

Laid before Parliament

8th December 2015

Coming into force

31st December 2015

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures in the veterinary and phytosanitary fields for the protection of public health(2).

Citation, commencement and amendment

1.  These Regulations—

(a) may be cited as the Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015;

(b) come into force on 31st December 2015; and

(c) amend the Animal By-Products (Enforcement) (England) Regulations 2013(3) in accordance with regulations 2 to 9.

Regulation 2

2.  After paragraph (c) in the definition of “premises” in regulation 2(1) (interpretation), for “or” substitute “and”.

New regulation 7A

3.  After regulation 7 insert—

“Collection, transport and disposal of certain Category 3 material

7A.— (1) The collection, transport and disposal of Category 3 material in Article 10(f) of the EU Control Regulation(4) (Category 3 material) is authorised if the requirements of paragraph (2) are satisfied.

(2) The requirements are—

(a) the material satisfies Article 15 of, and paragraphs (a) to (c) of Chapter IV of Annex VI to, the EU Implementing Regulation(5); and

(b) the means of disposal for such material are disposal—

(i) in an authorised landfill without prior processing; or

(ii) to a biogas or composting plant for transformation in accordance with an authorisation under paragraph 2 of Section 2 of Chapter III of Annex V to the EU Implementing Regulation.”.

Regulation 9

4.  In paragraph (d) of regulation 9 (reporting of test results), for “Article24(3)” substitute “Article 24(3)”.

Regulation 10

5.  In paragraph (4) of regulation 10 (staining)—

(a) in sub-paragraph (b) for each “by-product” substitute “animal by-product”; and

(b) in sub-paragraph (c) omit “not falling with paragraph (3) and”.

Regulation 23

6.  In regulation 23 (powers of entry and additional powers)—

(a) in paragraph (1) omit sub-paragraphs (j) and (k); and

(b) after paragraph (1) insert—

“(1A) Where an authorised person has entered any premises which are unoccupied or from which the occupier is temporarily absent, the authorised person must leave them as effectively secured against unauthorised entry as they were before entry.”.

Substitution of Part 8 heading

7.  For the Part heading to Part 8 substitute—

“Revocations and Review”.

Regulation 29

8.  Omit regulation 29.

Schedule 1

9.  In the table in Schedule 1 (animal by-product requirements), in the row beginning with “Disposal and use of Category 3 material”, for the text in the third column substitute “Regulation 7A of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(2) and 15 of the EU Implementing Regulation”.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

4th December 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Animal By-Products (Enforcement)(England) Regulations 2013 (S.I. 2013/2952) (“the 2013 Regulations”).

Regulations 2 and 4 make amendments correcting typographical errors included in the 2013 Regulations.

Regulations 3, 7, 8 and 9 implement Article 15 of Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and the Council laying down health rules as regards animal by-products and derived products not intended for human consumption (OJ No L 54, 26.2.2011, p 1) (“the EU Implementing Regulation”). The EU Implementing Regulation was amended by Commission Regulation No 2015/9 of 6th January 2015 amending Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption (OJ No L 3, 7.1.2015, p 10).

Article 15 of the EU implementing Regulation confers powers on the Member State to derogate from the general requirements on disposal of Category 3 material in Article 14 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption (OJ No L 300, 14.11.2009, p 1) (“the EU Control Regulation”). The derogation allows for small quantities of Category 3 material set out in in Article 10(f) of the EU Control Regulation to be disposed of as authorised by the Member State subject to compliance with the requirements in Chapter IV of Annex VI to the EU Implementing Regulation.

The power to derogate was contained in a transitional provision in Article 36 of the EU Implementing Regulation and was implemented in England by regulation 29 of the 2013 Regulations. Regulations 3, 7, 8 and 9 of this instrument have the effect of enabling the derogation from general rules on disposal of Category 3 material, in Article 14 of the EU Control Regulation, to continue.

Regulations 5 and 6 correct errors in regulations 10 and 23 of the 2013 Regulations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

(2)

S.I. 1999/2027.

(3)

S.I. 2013/2952, to which there are amendments not relevant to these Regulations.

(4)

OJ No L 300, 14.11.2009, p 1, as last amended by Council Regulation (EU) No 1385/2013 (OJ No L 354, 28.12.2013, p 86).

(5)

OJ No L 54, 26.2.2011, p 1, as last amended by Commission Regulation (EU) No 2015/9 (OJ No L 3, 7.1.2015, p 10).