The Feeding Stuffs (Amendment) (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Feeding Stuffs Regulations 2000 (S.I. 2000/2481, as already amended) which in so far as they relate to Wales, the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325, as already amended) in so far as they relate to Wales, and the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (S.I. 1999/1872, as already amended) in so far as they relate to Wales. E+W

2.  These Regulations implement — E+W

(a) the second sub-paragraph of Article 8.2 of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition (OJ No. L265, 8.11.95, p.17); and

(b) Directive 2001/46/EC of the European Parliament and of the Council amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and Directives 70/524/EC, 96/25/EC and 1999/29/EC on animal nutrition (OJ No. L234, 1.9.2001, p.55).

3.  These Regulations also provide for the enforcement of the following Community Regulations — E+W

(a) Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffs (OJ No. L183, 12.7.2002, p.10);

(b) Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffs (OJ No. L284, 22.10.2002, p.7); and

(c) Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffs (OJ No. L333, 10.12.2002, p.5).

4.  These Regulations — E+W

(a) amend the Feeding Stuffs (Wales) Regulations 2001 by —

(i) inserting into regulation 2 a definition of the term “the Enforcement Directive” (regulation 3),

(ii) making consequential amendments to regulations 7(1) and 24(1) (regulation 4),

(iii) imposing on those responsible for establishments producing products for animal nutrition an obligation to notify the Food Standards Agency and the relevant local authority, and supply them with specified information, if they have evidence that feed materials which they have imported or put into circulation contain certain undesirable substances at levels above the maximum ones prescribed (regulation 5), and

(iv) adding three new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted, which is contained in Part IX of the Table to Schedule 3, and making a consequential amendment to the footnote to Part VII of that Table (regulation 6 and the Schedule); and

(b) amend the Feeding Stuffs (Enforcement) Regulations 1999 by making consequential amendments to specified provisions (regulation 7), and

(c) make consequential amendments to the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (regulation 8).

5.  A regulatory impact assessment has been prepared for these Regulations and has been placed in the library of the National Assembly for Wales. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 1st Floor, Southgate House, Cardiff, CF10 1EN. E+W