The TSE (Scotland) Regulations 2002 (revoked)

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in Scotland, otherwise than in relation to trade, for–

(a)  the administration and enforcement of the following directly applicable Community legislation (“the Community TSE Regulation and Community Transitional Measures”)– S

w  Regulation (EC) No. 999/2001 of the European Parliament and of the Council of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L 147, 31.5.2001, p.1) (“the TSE Regulation”); S

w  Commission Regulation (EC) No. 1248/2001 of 22nd June 2001 amending Annexes III, X and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies (O.J. No. L 173, 27.6.2001, p.12); S

w  Commission Regulation (EC) No. 1326/2001 of 29th June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation (O.J. No. L 177, 30.6.2001, p.61); and S

w  Commission Regulation (EC) No. 270/2001 of 14th February 2002 amending Annex XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards bovine vertebral column and amending Regulation (EC) No. 1326/2001 as regards animal feeding and the placing on the market of ovine and caprine animals and products thereof (O.J. No. L 45, 15.12.2002 2002, p.4); and S

(b)  continuing the implementation of Council Decision 2000/766/EC (O.J. No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (O.J. No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No. 1326/2001. S

The Regulations come into force on 19th June 2002.

Part I of these Regulations contain introductory provisions. These include the interpretation provisions of regulation 3. Regulation 3(2) provides that the expressions in the Regulations which appear in the Community TSE Regulation and Community Transitional Measures have the same meaning for the purposes of these Regulations as they have for the purposes of the Community TSE Regulation and Community Transitional Measures. “TSE” is defined as meaning all transmissible spongiform encephalopathies with the exception of those occurring in humans. Regulation 2(1) reflects Article 1 of the Community TSE Regulation to make provision for the purpose and application of the Regulations.

Part II of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to the prevention of TSE. These are provisions for TSE monitoring, movement prohibitions and restrictions of TSE susceptible animals; slaughter of TSE susceptible animals at slaughterhouses and at other premises; retention and seizure of carcases etc. of TSE susceptible animals; provision for compensation; and provision for notifications for the purposes of the programme of monitoring under Article 6 of the Community TSE Regulation.

Part III of these Regulations makes provision in relation to animal feeding. It continues the implementation of Council Decision 2000/766/EC (O.J. No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (O.J. No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No. 1326/2001. Article 1(2) of Commission Regulation (EC) No. 1326/2001, and section C of Annex XI to the Community TSE Regulation (added by Article 3(3) of, and Annex IV to, Commission Regulation (EC) No. 1326/2001 and as defined in the Regulations) provide that this Council Decision and Commission Decision remain in force. The implementation of these Decisions was previously provided by the Processed Animal Protein (Scotland) Regulations 2001 (S.S.I. 2001/276 as amended by S.S.I. 2001/383), revoked in part by these Regulations.

Part III also includes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to feeding ruminants with mammalian protein, livestock with mammalian meat and bone meal and farmed animals (including ruminants and livestock) with processed animal protein.

Part IV of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to specified risk material. These are provisions on the removal, collection or disposal of specified risk material; provisions for licensing of premises for the removal of certain types of specified risk material and for collection or disposal of specified risk material; prohibitions on the use of specified risk material for human consumption; provisions relating to mechanically recovered meat and laceration of central nervous tissue (often known as pithing); provisions for the separation of live animals and products of animal origin in premises which use specified risk material in production and live animals in or intended for research; prohibitions on feeding specified risk material to animals; provisions relating to transport and storage of specified risk material; requirements to make and keep records; requirements for cleansing and disinfection; powers of inspectors; provisions relating to compliance with notices, suspension and revocation of licences; appeals against suspension and revocation of licences; and offences.

Part V of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to control and eradication of TSE. These are provisions for notifications of animals suspected of being affected by a TSE; measures with respect to animals suspected of being affected by a TSE; movement prohibitions and restrictions of animals suspected of being affected by a TSE; slaughter of animals suspected of being affected by a TSE; retention and seizure of carcases etc. of TSE susceptible animals; and provisions for compensation.

Part VI of these Regulations makes provision in relation to placing on the market of first generation progeny of, and semen, embryos and ova derived from, TSE suspect or confirmed animals.

It begins with provisions for the administration and enforcement of Article 15(2) of, and chapter B of Annex VIII to, the Community TSE Regulation in relation to placing on the market of first generation progeny of, and semen, embryos and ova derived from, TSE suspect or confirmed bovine animals, sheep and goats. These are provisions, similar to those in Part V of these Regulations, in relation to the last-born progeny to which female bovine animals infected with a TSE, or BSE-confirmed sheep or goats, gave birth during the preceding two year period or during the period that followed the appearance of the first clinical signs of the onset of the disease.

Part VI then makes provision for the continued implementation of Council Decision 98/256/EC (O.J. No. L 113, 15.4.98, p.32), concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC, in relation to offspring of bovine animals. An offspring for this purpose is any bovine animal born to a dam which is affected or suspected of being affected with BSE when it gave birth to the animal or which subsequently becomes affected or suspected of being affected with BSE. Council Decision 98/256/EC remains in force as a transitional measure by virtue of Article 1(1) of Commission Regulation (EC) No. 1326/2001 and section D of Annex XI to the Community TSE Regulation. The implementation of Council Decision 98/256/EC in relation to offspring animals was previously provided by the BSE Offspring Slaughter Regulations 1998 (S.I. 1998/3070) revoked by these Regulations.

Part VII of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to sampling and laboratory methods.

Part VIII of these Regulations makes provision for the administration and enforcement of the Community TSE Regulation and Community Transitional Measures in relation to offences, penalties and enforcement.

Part IX of and Schedules 8 and 9 to these Regulations contain supplementary provisions for the service of notices and other documents, amendments and revocations.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of it can be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.