Explanatory Note

(This note is not part of the Regulations)

These Regulations amend provisions of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 (S.I. 1997/1729) that give effect to Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ No. L125, 23.5.1996, p. 3).

Regulation 2 amends the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 as follows:

Paragraphs (2)(a)(i), (3)-(5), (7)-(8) and (13)-(17) transpose Directive 2003/74/EC (OJ No. L262, 14.10.2003, p. 17) by amending regulations 2-5, 8-9, 24-28 and inserting a new regulation, 28A.

Paragraphs (2)(a)(ii)-(iv) and (b), (6)(c), (12)(a) and (18)(b) update references to Community and domestic legislation by amending regulations 2, 6, 23 and 32.

Paragraphs (6)(a) and (b), (12)(b), (18)(a) and (c) and (19) remove provisions duplicated in the Veterinary Medicines Regulations 2005 (S.I. 2005/2745) by amending regulations 6, 23 and 32 and revoking regulation 33.

Paragraph (9) clarifies upon whom an authorised officer may serve a notice specifying the result of a sample analysed by amending regulation 15.

Paragraph (10) transposes Commission Decision 2002/657 implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results (OJ No. L221, 17.8.2002, p. 8) by amending regulation 20.

Paragraph (12)(c) applies the statutory maximum as the penalty for summary offences by amending regulation 23.

Paragraph (20) corrects drafting errors in regulation 34.

A Regulatory Impact Assessment has been prepared and a copy has been placed in the library of each House of Parliament together with a Transposition Note setting out how the main elements of Directive 2003/74/EC and Decision 2002/657 are transposed in these Regulations. Copies may be obtained from the Veterinary Medicines Directorate, Woodham Lane, Addlestone, Surrey, KT15 3LS.