The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (“the principal Regulations”), which provide for the enforcement in Scotland 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 (O.J. No. L 147, 31.5.2001, p.1) as amended by and as read with the Community instruments set out in Schedule 1 to the principal Regulations.

The principal amendment is that a revised Schedule 6 is inserted into the principal Regulations.

The present Schedule 6 (which was substituted in the principal Regulation by S.S.I. 2007/357) 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 (O.J. No. L 164, 26.6.2007, p.7).

Commission Regulation (EC) No. 357/2008 (O.J. No. L 111, 23.4.08, 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.

The revised Schedule 6 inserted 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 carcases derived from bovine animals slaughtered before the coming into force of these Regulations and aged 30 months or less at slaughter to butcher shops and cutting plants.

These Regulations also–

(a) make consequential amendments to paragraph (1) of regulation 2 (interpretation) of the principal Regulations in the light of the amendment to the revised text of Annex V to Regulation (EC) No. 999/2001 and the revised Schedule 6 to those Regulations both referred to above;

(b) update paragraph 2 of Schedule 7 to the principal Regulations 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); and

(c) revoke the Beef Bones (Scotland) Regulations 1999 (S.S.I. 1999/186).

A full regulatory impact assessment has been produced for this instrument and a copy of it placed in the Scottish Parliament Information Centre. Further copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.