Transmissible Spongiform Encephalopathy (Amendment) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002 (S.R. 2002 No. 225). They make provision for the enforcement of Annex VII (other than paragraphs 1(a) and 2(a)) to 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. L147, 31.5.2001, p. 1). Annex VII to that Regulation was first replaced in respect of ovine and caprine animals by Commission Regulation (EC) No. 260/2003 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards the eradication of transmissible spongiform encephalopathies in ovine and caprine animals and rules for the trade in live ovine and caprine animals and bovine embryos (O.J. No. L37, 13.02.2003, p. 7). The Annex was subsequently replaced by Commission Regulation (EC) No. 1915/2003 (O.J. No. L283, 31.10.2003, p. 29) and Commission Regulation (EC) No. 1492/2004 (O.J. No. L274, 24.08.2004, p. 3).

They add a new Schedule 6A to the Regulations. Part I of this Schedule provides that the Department is the competent authority for the purposes of Annex VII to the EU Regulation (paragraph 1 of the Schedule). It makes provision for notices to be served and procedures to be followed following confirmation of TSE in sheep and goats (paragraphs 2 to 8).

Part II of the Schedule (paragraphs 9 to 13) regulates movement of sheep and goats following service of a notice under Part I and provides for potential derogations specified in Annex VII to the EU Regulation (paragraph 14).

Part III provides an appeals procedure against notices served under the Schedule.

Part IV specifies compensation for animals, embryos and ova destroyed in accordance with the Schedule.

An additional amendment to the markets listed in Schedule 1, Part III 13(2) of the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002 is included. These markets are required to submit returns on a weekly basis to the Department, to facilitate the calculation of the indicative market price used in compensation for TSE suspects. Not all those markets currently listed trade in the categories of animals for which a return requires to be furnished. To address this issue and achieve a more accurate reflection of market prices Enniskillen market is replaced by Saintfield market.