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The Collagen and Gelatine (Intra-Community Trade) (Scotland) (No. 2) Regulations 2003

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Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement Commission Decision 2003/721/EC (O.J. No. L260, 11.10.03, p.21) (“the Commission Decision”) amending Council Directive 92/118/EEC (O.J. No. L 62, 15.3.93, p.49) as regards requirements for collagen intended for human consumption and repealing Commission Decision 2003/42/EC (O.J. No. L 13, 18.01.03, p.24) (“the old Decision”) so far as it relates to trade between Member States of the European Community.

The old Decision (as amended by Commission Decision 2003/503/EC (O.J. No. L170, 9.07.03, p. 30)) was implemented in relation to Scotland, in so far as it related to trade between Member States of the European Community by the Collagen and Gelatine (Intra Community Trade) (Scotland) Regulations 2003 (S.S.I. 2003/299) as amended by the Collagen and Gelatine (Intra Community Trade) (Scotland) Amendment Regulations 2003 (S.S.I. 2003/328) and the Collagen and Gelatine (Intra Community Trade) (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/405). Those Regulations and the amendments made by them to the Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124) (“the 1996 Regulations”) were revoked by the Collagen and Gelatine (Intra Community Trade) (Scotland) Revocation Regulations 2003 (S.S.I. 2003/466) immediately following the repeal of the old Decision.

With effect from 31st December 2003 the Commission Decision amends Annex II to Council Directive 92/118/EEC by–

(a)imposing new requirements relating to collagen intended for human consumption (which are the same as those previously inserted into it by the old Decision, save as regards one minor particular in the commercial document model for raw material destined for the production of collagen); and

(b)modifying in minor respects (and in the same manner as the old Decision), the model commercial document for raw material destined for the production of gelatine intended for human consumption contained in Commission Decision 1999/724/EC (O.J. No. L 290, 12.11.99, p.32) amending Annex II to Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC (O.J. No. L 395, 30.12.89, p.13, corrig. O.J. No. L 151, 15.6.90, p.40) and, as regards pathogens, to Directive 90/425/EEC (O.J. No. L 290, 12.11.99, p.32).

The provisions of Directive 92/118/EEC relating to intra–Community trade are implemented in relation to Great Britain as a whole by the 1996 Regulations. These Regulations amend the 1996 Regulations to give effect to the changes made by the Commission Decision (regulation 3).

The Commission Decision requires collection centres and tanneries which supply raw materials for the manufacture of collagen for human consumption for intra-Community trade and establishments producing collagen for human consumption for intra-Community trade to be authorised for this purpose and the Regulations give power to food authorities to issue, suspend, withdraw and cancel authorisations of collection centres and tanneries which supply raw materials for the manufacture of collagen intended for human consumption, and authorisations of establishments producing collagen intended for human consumption (regulations 4, 5, 6, 7 and 8). The Food Standards Agency is required to maintain a register of establishments so authorised (regulation 9). These Regulations are enforced by the food authority in its area and powers contained in regulation 6(2) to (6) of the 1996 Regulations are applied to such enforcement (regulation 10).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

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