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Transmissible Spongiform Encephalopathy (Amendment No. 2) Regulations (Northern Ireland) 2005

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Statutory Rules of Northern Ireland

2005 No. 200

EUROPEAN COMMUNITIES

ANIMALS

Transmissible Spongiform Encephalopathy (Amendment No. 2) Regulations (Northern Ireland) 2005

Made

5th April 2005

Coming into operation

4th May 2005

The Department of Health, Social Services and Public Safety(1), being a Department designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to measures in the veterinary and phytosanitary fields for the protection of public health, in exercise of the powers conferred on it by the said section 2(2), and of every other power enabling it in that behalf, after carrying out the consultation required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Transmissible Spongiform Encephalopathy (Amendment No. 2) Regulations (Northern Ireland) 2005 and shall come into operation on 4th May 2005.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002

3.—(1) Regulation 3(1) of the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002(6) shall be amended in accordance with paragraphs (2) and (3).

(2) For the definition of “the Community Transitional Measures” there shall be substituted the following definition –

“the Community Transitional Measures” means –

(a)

Commission Regulation (EC) No. 1248/2001 of 22nd June 2001 amending Annexes III, X and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies(7);

(b)

Commission Regulation (EC) No. 1326/2001 of 29th June 2001 laying down transitional measures to permit the changeover to Regulation (EC) No. 999/2001 of the European Parliament and of the Council for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation(8);

(c)

Commission Regulation (EC) No. 270/2002 of 14th February 2002 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards specified risk material and epidemio-surveillance for transmissible spongiform encephalopathies and amending Regulation (EC) No. 1326/2001 as regards animal feeding and the placing on the market of ovine and caprine animals and products thereof(9);

(d)

Commission Regulation (EC) No. 1494/2002 of 21st August 2002 amending Annexes III, VII and XI to Regulation (EC) No. 999/2001 of the European Parliament and the Council as regards monitoring of bovine spongiform encephalopathy, eradication of transmissible spongiform encephalopathy, removal of specified risk materials and rules for importation of live animals and products of animal origin(10);

(e)

Commission Regulation (EC) No. 1139/2003 of 27th June 2003 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards monitoring programmes and specified risk material(11); and

(f)

Commission Regulation (EC) No. 1492/2004 of 23rd August 2004 amending Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards eradication measures for transmissible spongiform encephalopathies in bovine, ovine and caprine animals, the trade and importation of semen and embryos of ovine and caprine animals and specified risk material(12);.

(3) For the definition of “specified risk material” there shall be substituted the following definition –

“specified risk material” has the same meaning as in Annex XI of the Community TSE Regulation(13) and includes –

(a)

any part of –

(i)

a bovine animal, other than a carcase of a bovine animal containing vertebral column, which has been imported in accordance with the Specified Risk Material Order (Northern Ireland) 1997(14);

(ii)

a sheep or a goat,

remaining attached to specified risk material after dissection of the carcase of the animal;

(b)

any animal material which comes into contact with specified risk material after it has been removed from the carcase; and

(c)

specified solid waste;.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th April 2005.

L.S.

Deirdre Kenny

A senior officer of the

Department of Health, Social Services and Public Safety

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) as already amended (“the 2002 Regulations”).

The amendments made by these Regulations bring up to date the definition of “the Community Transitional Measures” in regulation 3(1) of the 2002 Regulations so as to cover the amendment 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. L147, 31.5.2001, p. 1) by –

(i)Commission Regulation (EC) No. 1494/2002 (O.J. No. L225, 22.8.2002, p. 3),

(ii)Commission Regulation (EC) No. 1139/2003 (O.J. No. L160, 28.6.2003, p. 22), and

(iii)Commission Regulation (EC) No. 1492/2004 (O.J. No. L274, 24.8.2004, p. 3) (regulation 3(2)).

These Regulations also amend the definition of specified risk material to ensure that, as required by Annex XI of the Community TSE Regulations (as last amended by Commission Regulation (EC) No. 1492/2004 (O.J. No. L274, 24.8.2004 p. 3)) it now includes ileum on the list of tissues that have to be removed from older sheep and goats that have been slaughtered in a slaughterhouse or brought to a slaughterhouse following slaughter elsewhere. (regulation 3(3)).

(1)

Formerly the Department of Health and Social Services for Northern Ireland; see S.I. 1999/283 (N.I. 1), Article 3(6)

(4)

O.J. No. L31, 1.2.2002, p. 1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L245, 29.9.2003, p. 4)

(7)

O.J. No. L173, 27.6.2001, p. 12

(8)

O.J. No. L177, 30.6.2001, p. 60

(9)

O.J. No. L45, 15.2.2002, p. 4

(10)

O.J. No. L225, 22.8.2002, p. 3

(11)

O.J. No. L160, 28.6.2003, p. 22

(12)

O.J. No. L274, 24.8.2004, p. 3

(13)

As last amended by Commission Regulation (EC) No. 1492/2004 (O.J. No. L274, 24.8.2004, p. 3)

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