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

PART 1 E+W General provisions

Title, application and commencement E+W

1.  These Regulations—

(a) are entitled the Transmissible Spongiform Encephalopathies (Wales) Regulations 2008;

(b) apply in relation to Wales; and

(c) come into force on 31 December 2008

Interpretation E+W

2.—(1) In these Regulations—

“approved testing laboratory” (“labordy profi cymeradwy”) has the meaning given to it in paragraph 4(3) of Schedule 2;

“bovine animal” (“anifail buchol”) includes bison and buffalo (including water buffalo);

“BSE” (“BSE”) means bovine spongiform encephalopathy;

“cattle passport”(“pasbort gwartheg”) has the same meaning as in the Cattle Identification (Wales) Regulations 2007 M1 ;

“Commission Decision 2007/411/EC” (“Penderfyniad y Comisiwn”) means Commission Decision 2007/411/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1 August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No 999/2001 and repealing Decision 2005/598 M2 ;

“Community TSE Regulation” (“Rheoliad TSE y Gymuned”) means 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 M3 , as read with—

(a)

Commission Decision 2007/411/EC; and

(b)

Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk M4 ;

“cutting plant” (“safle torri”) (except in Schedule 7, paragraph 9(2)(b)(iii)) has the meaning given to it in paragraph 1(17) of Annex I to Regulation (EC) No. 853/2004, and is an establishment which is—

(a)

approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004; or

(b)

operating as such under Article 4(5) of Regulation (EC) No. 853/2004, pending such approval;

“inspector” (“arolygydd”) means an inspector appointed under regulation 12, and “veterinary inspector” (“arolygydd milfeddygol”) means a veterinary surgeon appointed by the Welsh Ministers as an inspector;

“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;

“Regulation (EC) No. 1774/2002” (“Rheoliad (EC) Rhif. 1774/2002”)means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption M5 , as read with—

(a)

Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures M6 ;

(b)

Commission Regulation (EC) No. 878/2004 laying down transitional measures in accordance with Regulation (EC) No. 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes M7 ; and

(c)

Commission Regulation (EC) No. 92/2005 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards means of disposal or uses of animal by-products and amending its Annex VI as regards biogas transformation and processing of rendered fats M8 ;

“Regulation (EC) No. 853/2004” (“Rheoliad (EC) Rhif. 853/2004”) means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M9 , as read with—

(a)

Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC M10 ;

(b)

Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs M11 ;

(c)

Commission Regulation (EC) No. 2074/2005 laying down implementation measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M12 ; and

(d)

Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M13 ;

“Regulation (EC) No. 882/2004” (“Rheoliad (EC) Rhif. 882/2004”) means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M14 , as read with—

(a)

Commission Regulation (EC) No. 2074/2005; and

(b)

Commission Regulation (EC) No. 2076/2005;

“slaughterhouse”(“lladd-dy”) has the meaning given to it in paragraph 1(16) of Annex I to Regulation (EC) No. 853/2004, and is an establishment which is—

(a)

approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004; or

(b)

operating as such under Article 4(5) of Regulation (EC) No. 853/2004, pending such approval; and

“TSE” (“TSE”) means transmissible spongiform encephalopathy.

(2) Expressions that are not defined in these Regulations and occur in the Community TSE Regulation have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation.

(3) References in these Regulations to the [F1 EU] instruments identified in Schedule 1 are references to those instruments as amended from time to time.

Textual Amendments

F1 Words in Regulation substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3-6, 8-10

Marginal Citations

M1 S.I. 2007/842 (W.74).

M2 OJ No L 155, 15.6.2007, p.74.

M3 OJ No L 147, 31.5.2001, p.1, as last amended by Commission Regulation (EC) No 571/2008 (OJ No L 161, 20.6.2008, p.4).

M4 OJ No L 172, 30.6.2007, p.84.

M5 OJ No L 273, 10.10.2002, p.1, as last amended by Commission Regulation (EC) No 523/2008 (OJ No L 153, 12.6.2008, p 23).

M6 OJ No L 117, 13.5.2003, p.14.

M7 OJ No L 162, 30.4.2004, p.62,as amended by Regulation (EC) No 1877/2006 (OJ No L 360, 19.12.2006, p133).

M8 OJ No L 19, 21.1.2005, p.27, as last amended by Regulation (EC) No 1576/2007 (OJ No L 340, 22.12.07, p.89).

M9 OJ No L 139, 30.04.2004, p.55. The revised text of Regulation (EC) No 853/2004 is now set out in a Corrigendum (OJ No L 226, 25.6.2004, p.22) which should be read with a further Corrigendum (OJ No L204, 4.8.2007, p.26), as last amended by Commission Regulation (EC) No 1243/2007 (OJ No L 281, 25.10.2007, p.8).

M10 OJ No L 157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No L 195, 2.6.2004, p.12).

M11 OJ No L 271, 15.10.2005, p.17.

M12 OJ No L 338, 22.12.2005, p.27, as last amended by Commission Regulation (EC) No 1244/2007 (OJ No L 281, 25.10.2007, p.12).

M13 OJ No L 338, 22.12.2005, p.83, as last amended by Commission Regulation (EC) No 1246.2007 (OJ No L 281, 25.10.2007, p.21).

M14 OJ No L 165 , 30.4.2004 , p.1. The revised text of Regulation (EC) No 882/2004 is now set out in a Corrigendum (OJ No L 191, 28.5.2004, p.1), as last amended by Council Regulation (EC) No 1791/2006 (OJ No L 363, 20.12.2006, p.1).

Appointment of competent authority E+W

3.  The Welsh Ministers are the competent authority for the purposes of the Community TSE Regulation except as otherwise specified in these Regulations.

Exception for research E+W

4.—(1) The provisions of Schedules 2 to 8 do not apply in relation to animals kept for the purposes of research in premises approved for that purpose under this regulation by the Welsh Ministers.

(2) If a bovine animal, sheep or goat kept in approved research premises or its progeny dies or is killed, the occupier must dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No. 1774/2002, and failure to do so is an offence.