The TSE (England) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the TSE (England) Regulations 2002, S.I. 2002/843. 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 (OJ No. L 147, 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 (OJ No. L 37, 13/02/2003, p.7). The Annex was subsequently replaced by Commission Regulation (EC) No. 1915/2003 (OJ No. L 283, 31.10.2003, p. 29).

They add a new Schedule (6A) to the Regulations. They provide that the Secretary of State is the competent authority for the purposes of Annex VII to the EU Regulation (paragraph 1 of the Schedule).

They make 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 regulates movement of sheep and goats following service of a notice under Part I (paragraphs 9 to 13) 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.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Colin Pow, Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.