The Animal By-Products (Amendment) Regulations 2009

Statutory Instruments

2009 No. 1119

Animals, England

Animal Health

The Animal By-Products (Amendment) Regulations 2009

Made

30th April 2009

Laid before Parliament

1st May 2009

Coming into force

2nd May 2009

The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures in the veterinary and phytosanitary fields for the protection of public health and in exercise of the powers conferred by that section makes the following Regulations.

Citation, application and commencement

1.  These Regulations—

(a) may be cited as the Animal By-Products (Amendment) Regulations 2009;

(b) apply in England; and

(c) come into force on 2nd May 2009.

Amendment of the Animal By-Products Regulations 2005

2.—(1) The Animal By-Products Regulations 2005(3) are amended as follows.

(2) In paragraph (1) of regulation 29, insert “, the Isle of Wight” after “the Isles of Scilly”.

Jane Kennedy

Minister of State

Department for Environment, Food and Rural Affairs

30th April 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Animal By-Products Regulations 2005 (the 2005 Regulations) to include the Isle of Wight as a remote area for the purposes of Article 24(1)(b) 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 (OJ No L 273, 10.10.2002, p 1).

This amendment to the 2005 Regulations will enable the disposal of certain categories of animal by-products on the Isle of Wight by burning or burial on site, provided that the disposal is done in accordance with Part C of Annex II to Commission Regulation (EC) No 811/2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures (OJ No L 117, 13.5.2003, p 14).

An impact assessment has not been prepared for these Regulations, due to the need to take urgent action to ensure that a legal means of safe disposal of fallen stock is available to farmers on the Isle of Wight and to avoid a potential risk to public and animal health. No significant impact on the private, public or voluntary sectors is foreseen.

(1)

S.I. 1999/2027.

(2)

1972 c. 68.

(3)

S.I. 2005/2347.