The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales only, amend the Bovines and Bovine Products (Trade) Regulations 1999 (S.I. 1999/1103, as amended by S.I. 1999/1554, S.I. 2000/656, S.I. 2002/1174, S.I. 2002/2325 — “the BBPTR”) in so far as they apply in relation to Wales. The BBPTR give effect to Commission Decisions 98/692/EC (OJ No. L238, 4.12.98, p.28) and 98/564/EC (OJ No. L273, 9.10.98, p.37) which amended Council Decision 98/256/EC (OJ No. L113, 15.4.98, p.32). The Regulations amend the BBPTR to —

• lift the prohibition on the production of collagen derived from bovine animals slaughtered in the United Kingdom and intended for human consumption in the United Kingdom (regulations 3 and 4). The prohibition on export of such collagen from Great Britain remains in force (regulation 4 of the BBPTR); and

• make consequential amendments to regulation 9 of the BBPTR to enable use of such collagen in products for human consumption in the United Kingdom (regulation 5).

The Regulations also impose requirements on the production of collagen derived from a bovine animal slaughtered in the United Kingdom and intended for human consumption in the United Kingdom until the end of 2005 (regulation 6) (“domestic production”). The Regulations apply to domestic production requirements that reflect those which, under Council Directive 92/118/EEC(1), apply to production of collagen for human consumption for intra-Community trade. The Regulations—

• apply requirements relating to raw materials and establishments supplying them, transport and storage of raw materials, establishments producing collagen, manufacture of collagen, finished products, and wrapping, packaging, storage and transport of collagen intended for human consumption in the United Kingdom (The Schedule, Part 1);

• require establishments producing collagen, and collection centres and tanneries supplying the raw materials for such production, to be authorised in accordance with regulations 4 and 5 respectively of the Collagen and Gelatine (Intra-Community Trade) (Wales) Regulations 2003 (S.I. 2003/3229) which implement the requirements of Commission Decision 2003/721/EC amending Council Directive 92/118/EEC (The Schedule, Part 1); and

• provide that contravention of the requirements of regulation 6 is an offence, specify penalties for that offence, apply certain provisions of the Food Safety Act 1990 (1990 c. 16, as amended by S.I. 2004/2990) for the purposes of regulation 6 and 7, and provide for the enforcement of regulation 6 by the relevant food authority (regulations 7, 8 and 9).

A regulatory appraisal has been prepared for this instrument. Copies may be obtained from the Animal Health Division of the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

(1)

OJ No. L62, 15.3.93, p. 49, 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 and, as regards pathogens, to Directive 90/425/EEC, as last amended by Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60).