The Transmissible Spongiform Encephalopathies (Wales) Regulations 2006

PART 1 General provisions

Title, application and commencement

1.  The title of these Regulations is the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006, they apply in relation to Wales and come into force on 3 May 2006.

Interpretation

2.—(1) In these Regulations–

“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 Regulations 1998(1);

“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(2), as amended by, and as read with the instruments set out in Schedule 1;

“inspector” (“arolygydd”) means an inspector appointed under regulation 16, and “veterinary inspector” means a veterinary surgeon appointed by the National Assembly as an inspector;

“local authority” (“awdurdod lleol”) means the council of any county or county borough in Wales;

“National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“slaughterhouse” (“lladd-dy”) and (except in Schedule 6, paragraph 10(2)(c)) “cutting plant” (“safle torri”) mean premises–

(a)

approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of 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(3); or

(b)

operating as such under Article 4(5) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(4)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.

Appointment of competent authority

3.  The National Assembly is the competent authority for the purposes of the Community TSE Regulation except as otherwise specified in these Regulations.

Exception for research

4.—(1) The provisions of Schedules 2 to 6 do not apply in relation to animals kept for the purposes of research in premises approved for that purpose under this regulation by the National Assembly.

(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 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(5), and failure to do so is an offence.

(1)

S.I. 1998/871, as amended by S.I. 1998/2969 and S.I. 1999/1339.

(2)

OJ No. L 147, 31.5.2001, p. 1.

(3)

OJ No. L 165, 30.04.2004, p.1.The revised text of Regulation (EC) No.882/2004 is now set out in a Corrigendum (OJ No L191, 28.5.2004, p.1).

(4)

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. L226, 25.6.2004, p.22).

(5)

OJ No. L273, 10.2.2002, p. 1 as last amended by Commission Regulation (EC) No. 93/2005, OJ No. L19, 21.1.2005, p. 34.