The Animal By-Products (Scotland) Amendment Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Animal By-Products (Scotland) Regulations 2003 (the “ABP Regulations”).

The ABP Regulations make provision in Scotland for the administration and enforcement of 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 (O.J. No. L 273, 10.10.2002, p.1) (“the Community Regulation”).

The ABP Regulations implement so far as necessary the Community obligations regulating what may be done in relation to such products.

Regulation 2(2) of these Regulations inserts an amended definition of the Community Regulation taking account of changes to that instrument since the coming into force of the ABP Regulations.

The amended definition provides for a reference to the Community Regulation in the ABP Regulations to be read as a reference to the text of the Community instrument as amended from time to time. The definition therefore encompasses amendments which may be made in the future, and an “as amended” version of the Community Regulation can be found at any time on the Eur-Lex website (http://eur-lex.europa.eu/en/index.htm).

Regulation 2(3) and (5) of these Regulations corrects an omission in the ABP Regulations, caused by an error in the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530) (the “2006 TSE Regulations”).

Regulation 51(1) of and Part 1 of Schedule 5 to the ABP Regulations as originally made amended the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2002 (S.S.I. 2002/255) (the “2002 TSE Regulations”) so that the 2002 Regulations complied with the provisions in the Community Regulation relating to TSE.

The 2006 TSE Regulations revoked and remade, with amendments, the 2002 TSE Regulations. The 2006 TSE Regulations implemented the Community Regulation so far as applicable, so the amendments to the 2002 TSE Regulations made by regulation 51(1) of, and Part 1 of Schedule 5 to, the ABP Regulations were no longer needed, and could be revoked. Due to an error the 2006 TSE Regulations revoked regulation 5(1) of the ABP Regulations rather than regulation 51(1).

These Regulations correct the omission in the ABP Regulations caused by the error in the 2006 TSE Regulations, and complete the consequential amendment to the ABP Regulations begun by the 2006 TSE Regulations, by–

(a) providing that it is an offence for any person in possession or control of Category 2 Material to fail to comply for certain purposes with Articles 5(2) to 5(4) of the Community Regulation (regulation 2(3)); and

(b) revoking regulation 51(1) of the ABP Regulations (regulation 2(5)).

Category 2 Material is as defined in regulation 2(2) of the ABP Regulations, and as described in Article 5 of the Community Regulation.

Regulation 2(4) of these Regulations replaces paragraphs (3) to (5) of regulation 9 of the ABP Regulations, which provides for access to animal by-products, with the effect that under–

(a) regulation 9(3) and (4), animal by-products may be brought onto premises where certain animals are present, and where there is any of a petfood plant that came into operation after 1st November 2002, a Category 3 intermediate plant, a technical plant, or a plant where the by-product is used for educational, research or diagnostic purposes;

(b) regulation 9(5), no animal other than a wild bird may have contact with compost applied to land in accordance with regulation 16 of the ABP Regulations.

Breach of the ABP Regulations is an offence punishable under regulation 48 of those Regulations.

A regulatory impact assessment has not been prepared for these Regulations.