The Animal By-Products (Enforcement) (Wales) Regulations 2011 (revoked)

Regulation 28

SCHEDULE 2 E+W Consequential Amendments

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 E+W

1.  The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M1 insofar as they relate to Wales are amended as follows.

Marginal Citations

M1 S.I. 1991/1624, amended by S.I. 2006/937; there are other amending instruments but none is relevant.

2.  In regulation 2 (exemption from registration)— E+W

(a) in paragraph (1)(i), for the words “Article 7(1) or 7(2)” substitute “ Article 21(1) to (3) ”; and

(b) in paragraph (2), for the definition of “the Community Regulation” substitute—

““ the Community Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”.

The Controlled Waste Regulations 1992 E+W

3.  The Controlled Waste Regulations 1992 M2 are amended insofar as they relate to Wales as follows.

Marginal Citations

M2 S.I. 1992/588, amended by S.I. 2006/937; there are other amending instruments but none is relevant.

4.  In regulation 7 (waste not to be treated as industrial or commercial waste)— E+W

(a) in paragraph (3), for the words “Article 7(1) or 7(2)” substitute “ Article 21(1) to (3) ”; and

(b) for paragraph (4) substitute—

“(4) In this regulation—

(a) “the Community Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);

(b) “animal by-products” has the same meaning as in Article 3(1) of the Community Regulation.”.

The Waste Management Licensing Regulations 1994 E+W

5.  The Waste Management Licensing Regulations 1994 M3 are amended insofar as they relate to Wales as follows.

Marginal Citations

M3 S.I. 1994/1056, amended by S.I. 2006/937: there are other amending instruments but none is relevant.

6.  In regulation 20 (registration of brokers), for paragraph (9) substitute— E+W

“(9) In this regulation—

(a) “the Community Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);

(b) “animal by-products” has the same meaning as in Article 3(1) of the Community Regulation.”.

The Animal By-Products (Identification) Regulations 1995 E+W

7.  The Animal By-Products (Identification) Regulations 1995 M4 are amended insofar as they relate to Wales as follows.

Marginal Citations

M4 S.I. 1995/614, relevant amending instruments are S.I. 1995/1955, 2002/1619, 2003/1484.

8.  In regulation 2(1) (interpretation)— E+W

(a) for the definition of “approved incineration plant” substitute—

““approved incineration plant” means an incineration plant which is approved under Article 24(1)(b) of the Community Regulation;”;

(b) for the definition of “approved rendering plant” substitute—

““approved rendering plant” means a Category 2 processing plant which is approved under Article 24(1)(a) of the Community Regulation;”;

(c) for the definition of “the Community Regulation” substitute—

““the Community Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”; and

(d) for the definition of “specified bovine offal” substitute— “ “specified risk material” has the meaning given in Article 3(18) of the Community Regulation; ”.

9.  For regulation 4(b) (scope) substitute— E+W

“(b) affect the operation of the Animal By-Products (Enforcement) (Wales) Regulations 2011 or any order made, or having effect, under the Animal Health Act 1981.”.

10.  In regulation 5 (exemptions)— E+W

(a) in paragraph (1)(f), for the words “specified bovine offal” substitute “ specified risk material ”;

(b) in paragraph (2)(c), for the words “the 2003 Regulations” substitute “ the Community Regulation ”; and

(c) in paragraph (2)(d), for the words “the 2003 Regulations” substitute “ the Community Regulation ”.

11.  In regulation 9(3) (storage and packaging of animal by-products)— E+W

(a) in paragraph (3)(d), for the words “Article 2.1(c)” substitute “ Article 9 ”; and

(b) in paragraph (3)(e), for the words “Article 2.1(d)” substitute “ Article 10 ”.

The Products of Animal Origin (Import and Export) Regulations 1996 E+W

12.  The Products of Animal Origin (Import and Export) Regulations 1996 M5 are amended insofar as they relate to Wales as follows.

Marginal Citations

M5 S.I. 1996/3124, amended by S.I. 2006/2407; there are other amending instruments but none is relevant.

13.  In regulation 1(2) (interpretation)— E+W

(a) in the definition of “product of animal origin”, in sub-paragraph (f) for the words “Directive 90/667” substitute “ Regulation (EU) No. 1069/2009 or Regulation (EU) No. 142/2011 ”;

(b) after the definition of “Regulation 1274/91” insert—

““Regulation (EU) No. 1069/2009” means Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);

“Regulation (EU) No. 142/2011” means Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.”.

14.  In regulation 10 (exports to other member states), after each reference to “Directive 92/118” insert “ Regulation (EU) No. 1069/2009 or Regulation (EU) No. 142/2011 ”. E+W

15.  In regulation 11(1) (registration of certain establishments which produce, process or store products of animal origin)— E+W

(a) after each reference to “Directive 92/118” insert “ Regulation (EU) No. 1069/2009 or Regulation (EU) No. 142/2011 ”; and

(b) in sub-paragraph (a), for “15 of Schedule 3, under Directive 90/667” substitute “ 16 of Schedule 3 ”.

16.  In regulation 12(1) (notification of certain establishments which supply or store products of animal origin)— E+W

(a) after each reference to “Directive 92/118” insert “ Regulation (EU) No. 1069/2009 or Regulation (EU) No. 142/2011 ”; and

(b) in sub-paragraph (a), for “15 of Schedule 3, under Directive 90/667” substitute “ 16 of Schedule 3 ”.

17.  In Schedule 3 (community measures relevant to intra-community trade)— E+W

(a) at the end of the title to paragraph 12, insert “ and also not subject to Regulation (EU) No. 1069/2009 and Regulation (EU) No. 142/2011 ”; and

(b) after paragraph 15 (wild game), insert—

“Animal By-Products

16.   Regulation (EU) No. 1069/2009 and Regulation (EU) No. 142/2011.”.

The Foot-and-Mouth Disease (Wales) Order 2006 E+W

18.  The Foot-and-Mouth Disease (Wales) Order 2006 M6 is amended as follows.

Marginal Citations

M6 S.I. 2006/179 (W.30).

19.  In article 2(1) (interpretation) after the definition of “public highway” insert— E+W

““Regulation (EU) No. 1069/2009” means Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);

“Regulation (EU) No. 142/2011” means Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.

20.  In article 26 (slaughter; control of faecal material), in paragraph (2)(b) for the words “point 5 of Section II in Part A of Chapter III of Annex VIII to 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, as amended,” substitute “ Articles 15 and 32 of Regulation (EU) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”. E+W

21.  In article 27(2)(c) (slaughter: isolation of things liable to spread disease) for “Regulation (EC) No. 1774/2002, as amended” substitute “ Regulation (EU) No. 1069/2009 ”. E+W

22.  In Schedule 4 (measures applicable in respect of protection zones and surveillance zones)— E+W

(a) in paragraph 20(4) (transport, treatment and spreading of dung and manure produced in a protection zone) for the words “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Articles 15 and 32 of Regulation (EU) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 to Regulation (EU) No. 142/2011 ”; and

(b) in paragraph 33(4) (transport, treatment and spreading of dung and manure produced in a surveillance zone), for the words “point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Articles 15 and 32 of Regulation (EU) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 to Regulation (EU) No. 142/2011 ”.

23.  In Schedule 5 (treatments to ensure the destruction of disease virus)— E+W

(a) in paragraph 2 (hides and skins), for the words “ article 20 of and points A(2)(c) or (d) of Chapter VI of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Article 36 of Regulation (EU) No. 1069/2009 and point 28(c) and (d) of Annex I to Regulation (EU) No. 142/2011 ”;

(b) in paragraph 3 (wool, ruminant hair and pig bristles), for the words “article 20 of and point A(1) of Chapter VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Article 36 of Regulation (EU) No. 1069/2009 and Article 24(4) of Regulation (EU) No. 142/2011 ”;

(c) in paragraph 5 (blood and blood products), for the words “point B(3)(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ point 2(b)(ii) of Chapter IV of Annex XIII to Regulation (EU) No. 142/2011 ”;

(d) in paragraph 6 (lard and rendered fats), for the words “point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002, as amended” substitute “ point 3(d) of Chapter I of Annex XIV to Regulation (EU) No. 142/2011 ”;

(e) in paragraph 7 (petfood and dog chews), for the words “points B(2), (3) or (4) of Chapter II of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Chapter II of Annex XIII to Regulation (EU) No. 142/2011 ”; and

(f) in paragraph 8 (game trophies of ungulates), for the words “points A(1), (3), or (4) of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002, as amended” substitute “ Chapter VI of Annex XIII to Regulation (EU) No. 142/2011 ”.

The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006 E+W

24.  The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006 M7 is amended as follows.

Marginal Citations

M7 S.I. 2006/180 (W.31).

25.  In Part 3 of the Schedule (measures applicable in respect of a vaccination zone), in paragraph 18 (transport, treatment and distribution of dung and manure), for sub-paragraph (4) substitute— E+W

“(4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with—

(a) Articles 15 and 32 of Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation); and

(b) Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 to Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.”.

The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 E+W

26.  The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 M8 are amended as follows.

Marginal Citations

M8 S.I. 2006/1536 (W.153), as amended.

27.  In Part 1 of Schedule 3 (intra-community trade: legislation and additional requirements), for paragraph 7 (animal waste) substitute— E+W

“Animal by-products

7.— (1) Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation).

(2) Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.”.

The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 E+W

28.  The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 M9 are amended as follows.

Marginal Citations

M9 S.I. No 2007/376 (W.36), as amended.

29.  In regulation 2(1) (interpretation), after the definition of “Regulation (EC) No. 136/2004” insert— E+W

““Regulation (EU) No 1069/2009” means Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);

“Regulation (EU) No 142/2011” means Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.

30.  In regulation 4 (exemption for authorised products and personal imports)— E+W

(a) in paragraph (1), at the end, insert “ other than products to which Article 17 of Regulation (EU) No. 1069/2009 and Articles 11(2) and 12(2) of Regulation (EU) No. 142/2011 apply ”;

(b) in paragraph (4)(b) for the words “Regulation (EC) No. 1774/2002 and the Animal By-Products (Wales) Regulations 2006” substitute “ Regulation (EU) No. 1069/2009 and the Animal By-Products (Enforcement) (Wales) Regulations 2011 ”; and

(c) in paragraph (5)(b) for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”.

31.  In regulation 5(1)(a) (enforcement authorities and exchange of information), for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”. E+W

32.  In regulation 6(1)(a) (appointment of official veterinary surgeons and official fish inspectors), for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”. E+W

33.  In regulation 21 (products which fail veterinary checks)— E+W

(a) in paragraph (3)(b), for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”; and

(b) in paragraph (5)(b), for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”.

34.  In regulation 22 (treatment as animal by-products)— E+W

(a) in paragraph (1), for the words “regulation 26 of the Animal By-Products (Wales) Regulations 2006” substitute “ Articles 17 and 18 of Regulation (EU) No. 1069/2009 and Articles 11(2), 12(2) and 14 of Regulation (EU) No. 142/2011 ”; and

(b) in paragraph (3), for the words “ “regulation 26 of the Animal By-Products (Wales) Regulations 2006” substitute “ Articles 17 and 18 of Regulation (EU) No. 1069/2009 ”.

35.  In regulation 24(4) (consignments and products illegally brought in), for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”. E+W

36.  In regulation 43(1)(b) (disposal of returned transit products), for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”. E+W

37.  In Schedule 1(import conditions), in Part VIII, for paragraph 11 substitute— E+W

“(11) Regulation (EU) No. 1069/2009 and Regulation (EU) No. 142/2011.”.

The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006 E+W

38.  The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006 M10 is amended as follows.

Marginal Citations

M10 S.I. No 2006/3309 (W.299) as amended .

39.  In article 2 (interpretation)— E+W

(a) in the definition of “bird by-product”, for the words “Articles 4, 5 or 6 of Regulation (EC) No 1774/2002”, substitute “ Articles 8, 9 or 10 of Regulation (EU) No. 1069/2009 ”; and

(b) for the definition of “Regulation (EC) No. 1774/2002” substitute—

““Regulation (EU) No 1069/2009” means Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”;and

(c) after the definition as inserted by sub-paragraph (b) insert—

““Regulation (EU) No 142/2011” means Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.

40.  In article 3(6) (licences, notices and designations under this Order), for sub-paragraph (c) substitute— E+W

“(c) the following plants if approved under Article 24 of Regulation (EU) No. 1069/2009—

(i) incineration plants;

(ii) co-incineration plants;

(iii) processing plants;

(iv) biogas plants;

(v) composting plants;

(vi) petfood plants.”.

41.  In article 14 (restrictions on the movement of bird by-products)— E+W

(a) for paragraph (2) substitute—

“(2) A veterinary inspector or an inspector acting under the direction of a veterinary inspector may not grant or direct the grant of a licence under sub-paragraph (1) unless it is for a movement of—

(a) processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;

(b) blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;

(c) rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;

(d) gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(e) hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(f) dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No. 142/2011;

(g) tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No. 142/2011;

(h) collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;

(i) egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No. 142/2011;

(j) processed pet food within the meaning of paragraph 20 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of Chapter II of Annex XIII to that Regulation;

(k) raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 and which complies with Chapter II of Annex XIII;

(l) dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of Chapter II of Annex XIII to that Regulation;

(m) processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011;

(n) game trophies having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011;

(o) those by-products which are transported to designated plants within article 3(6)(c) for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(p) those products which are transported to users or collection centres authorised and registered in accordance with Articles 23 of Regulation (EU) No. 142/2011 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;

(q) untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;

(r) poultry feathers, feathers from wild game birds or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.”;

(b) in paragraph (3), for the words “Annex V to Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 and Annex IV to Regulation (EU) No. 142/2011 ”; and

(c) in paragraph (4), for the words “Chapter X of Annex II to Regulation (EC) No. 1774/2002” substitute “ Chapter III of Annex VIII to Regulation (EU) No. 142/2011 ”.

The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006 E+W

42.  The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006 M11 is amended as follows.

Marginal Citations

M11 S.I. No 2006/3310 (W.300) as amended.

43.  In article 2 (interpretation)— E+W

(a) in the definition of “bird by-product” for the words “Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002” substitute “ Articles 8, 9 or 10 of Regulation (EU) No. 1069/2009” ”; and

(b) for the definition of “Regulation (EC) No. 1774/2002” substitute—

““Regulation (EU) No. 1069/2009” means Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”;and

(c) after the definition as inserted by sub-paragraph (b) insert—

““Regulation (EU) No. 142/2011” means Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.

44.  In article 13(1)(designation of premises to which things may be moved), for sub-paragraph (c) substitute— E+W

“(c) the following plants if approved under Article 24 of Regulation (EU) No. 1069/2009—

(i) incineration plants;

(ii) co-incineration plants;

(iii) processing plants;

(iv) biogas plants;

(v) composting plants;

(vi) petfood plants.”.

45.  In Schedule 1 (measures applicable in respect of a wild bird control area)— E+W

(a) for paragraph 13(2)(restriction on the movement of bird by-products or products derived from bird by-products from premises in a wild bird control area) substitute—

“(2) A veterinary inspector may not grant or direct the grant of a licence under sub-paragraph (1) unless it is for a movement of—

(a) processed animal protein within the meaning of paragraph 5 of Annex 1 to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;

(b) blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;

(c) rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;

(d) gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(e) hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(f) dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No. 142/2011;

(g) tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No. 142/2011;

(h) collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;

(i) egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No. 142/2011;

(j) processed pet food within the meaning of paragraph 20 of Annex 1 to Regulation (EU) No. 142/2011 and which complies with the requirements of Chapter II of Annex XIII to that Regulation;

(k) raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 and which complies with Chapter II of Annex XIII;

(l) dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of Chapter II of Annex XIII to that Regulation;

(m) processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011;

(n) game trophies having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011;

(o) those by-products which are transported to designated plants within article 13(1)(c), processing plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(p) those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;

(q) untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex 1 to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;

(r) poultry feathers, feathers from wild game birds or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.”;

(b) in paragraph 13(3), for the words “Annex V to Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 and Annex IV to Regulation (EU) No. 142/2011 ”;

(c) in paragraph 13(5), for the words “Chapter X of Annex II to Regulation (EC) No. 1774/2002” substitute “ Chapter III of Annex VIII to Regulation (EU) No. 142/2011 ”;

(d) in paragraph 14(a), (prohibition on movement of poultry manure) for “1774/2002” substitute “ 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”;

(e) in paragraph 15(a), (prohibition on the spread of poultry manure) for “1774/2002” substitute “ 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 ”.

The Cattle Identification (Wales) Regulations 2007 E+W

46.  The Cattle Identification (Wales) Regulations 2007 M12 are amended as follows.

Marginal Citations

M12 S.I. 2007/842 (W.74).

47.  For paragraph 3(3) of Part 1 of Schedule 3 (lost cattle passports and replacements) substitute— E+W

“(3) If the Welsh Ministers do not provide a replacement, the animal to which it relates must not be moved off a holding except (under the authority of a licence granted by the Welsh Ministers) to—

(a) to a plant approved under Article 24(1)(a), (b), (c) or (h) of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation); or

(b) a registered collection centre which complies with Section 1 of Chapter II of Annex VI of Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.”.

The Animal Gatherings (Wales) Order 2010 E+W

48.  The Animal Gatherings (Wales) Order 2010 M13 is amended as follows.

Marginal Citations

M13 S.I. No 2010/900 (W.93).

49.  In regulation 8(2) (destruction, treatment or disposal of feeding stuffs and other materials), for the words “Animal By-Products (Wales) Regulations 2006” substitute “ Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation) ”. E+W

The Environmental Permitting (Wales and Wales) Regulations 2010 E+W

50.  The Environmental Permitting (Wales and Wales) Regulations 2010 M14 are amended insofar as they relate to Wales as follows.

Marginal Citations

M14 S.I. 2010/675, amended by S.I. 2010/2172; there are other amending instruments but none is relevant.

51.  In regulation 2(1) (interpretation: general), after the definition of “regulated facility” insert— E+W

““Regulation (EU) No 1069/2009” means Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”.

52.  In paragraph 1 of Section 5.1 of Chapter 5 of Part 2 of Schedule 1 (interpretation of Section 5.1), in the definition of “excluded plant”, for sub-paragraph (a)(vii) substitute— E+W

“(a) (vii) animal carcasses as regulated by Regulation (EU) No 1069/2009;”.

53.  In the table in paragraph T13(2) of Section 2 of Chapter 3 of Part 1 of Schedule 3 (treatment of waste), in the third entry (200199) for the words “the Animal By-Products Regulations” substitute “ Regulation (EU) No. 1069/2009 ”. E+W

54.  In paragraph T22 of Section 2 of Chapter 3 of Part 1 of Schedule 3 (treatment of animal by-product waste at a collection centre), for sub-paragraph (4) substitute— E+W

“(4) In this paragraph—

(a) “animal by-product” has the same meaning in Article 3(1) of Regulation (EU) No. 1069/2009;

(b) “collection centre” has the same meaning in paragraph 53 of Annex 1 to Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.”.

The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008 E+W

55.  The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008 M15 are amended as follows.

Marginal Citations

M15 S.I. 2008/3154 (W.282).

56.  In regulation 2(1) (interpretation), insert before the definition of “slaughterhouse”— E+W

““Regulation (EU) No 1069/2009” means Regulation (EU) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”.

57.  In regulation 4(2), (exception for research) for the words “Regulation (EC) No 1774/2002” substitute “ Regulation (EU) No 1069/2009 ”. E+W

58.  In paragraph 3(2)(d) of Schedule 6 (feeding stuffs), for the words “the Animal By-Products (Wales) Regulations 2006” substitute “ Regulation (EU) No 1069/2009 ”. E+W

59.  In paragraph 18(1)(a) of Schedule 6 (feeding stuffs), for the words “Regulation (EC) No. 1774/2002” substitute “ Regulation (EU) No. 1069/2009 ”. E+W

The Waste (England and Wales) Regulations 2011 E+W

60.  The Waste (England and Wales) Regulations 2011, on coming into force, are amended insofar as they relate to Wales as follows.

61.  In Schedule 3 (amendments to the Environmental Permitting (Wales and Wales) Regulations 2010, in paragraph 8(a), for paragraph (iii) substitute— E+W

“(iii) in the third entry (200199), omit the words “but excluding foods covered by Regulation (EU) No. 1069/2009;”.