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The Bovine Semen (Wales) (Amendment) Regulations 2013

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Welsh Statutory Instruments

2013 No. 398 (W.48)

AGRICULTURE, WALES

LIVESTOCK INDUSTRIES

The Bovine Semen (Wales) (Amendment) Regulations 2013

Made

21 February 2013

Laid before the National Assembly for Wales

25 February 2013

Coming into force

18 March 2013

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 10 of the Animal Health and Welfare Act 1984(1).

Title, application and commencement

1.—(1) The title of these Regulations is the Bovine Semen (Wales) (Amendment) Regulations 2013.

(2) These Regulations apply in relation to Wales, and come into force on 18 March 2013.

Amendments to the Bovine Semen (Wales) Regulations 2008

2.  The Bovine Semen (Wales) Regulations 2008(2) are amended in accordance with the following Regulations.

Interpretation

3.  In paragraph (1) of regulation 2, after the definition of “unlicensed premises” insert—

“unlicensed processing premises” (“mangre brosesu sydd heb ei thrwyddedu”) means unlicensed premises—

(a)

for the processing of semen—

(i)

collected at unlicensed premises or at a domestic collection centre, and

(ii)

not intended for intra-Community trade, and

(b)

supervised by the centre veterinarian of an EC collection centre;.

Approval of bovine animals for use at unlicensed premises

4.—(1) In paragraph (1) of regulation 10 omit “, or for use as a teaser animal,”.

(2) In paragraph (4) of regulation 10 omit “or teaser animal used to collect such semen”.

Specific duties of centre veterinarians and operators of unlicensed premises

5.  In regulation 16, after paragraph (1) insert—

(1A) The duties of the centre veterinarian of an EC collection centre which are specified in paragraph (1B) must also be performed by that veterinarian when supervising unlicensed processing premises.

(1B) The duties are those set out in the following provisions of Part 3 of Schedule 3—

(a)sub-paragraphs (d), (e) and (f) of paragraph 1; and

(b)sub-paragraph (b) of paragraph (2)..

Use of teaser animals

6.  For regulation 21 substitute—

Use of teaser animals

21.(1) No person may use a teaser animal to assist in the collection of semen unless it is approved for that purpose by the Welsh Ministers.

(2) But no such approval is required in respect of a teaser animal used to assist in the collection of semen at unlicensed premises..

Processing of semen

7.  In regulation 24, for paragraphs (a) and (b) substitute—

(a)at an EC collection centre;

(b)at a domestic collection centre; or

(c)at unlicensed processing premises..

Supply of frozen semen

8.  In regulation 28, in paragraph (2) before “stored” insert “previously”.

Measures applicable to EC collection centres

9.  In Schedule 3, in paragraph 2 of Part 1 for “dose” substitute “collection”.

Measures applicable to a domestic collection centre

10.  In Schedule 5, in paragraph 2 of Part 1 for “dose” substitute “collection”.

Duties of operators of unlicensed premises

11.  In Schedule 7—

(a)in paragraph 1(c) for “or to a domestic collection centre for processing” substitute “, to a domestic collection centre or to unlicensed processing premises for processing”;

(b)for paragraph 1(c)(ii) substitute—

(ii)where the semen is moved to an EC collection centre, the bovine animal has been subjected to the tests specified in paragraph 1(1) of Part 2 of Schedule 3 with negative results;

(iia)where the semen is moved to a domestic collection centre or to unlicensed processing premises, the bovine animal has been subjected to the tests specified in paragraph 2 of Part 2 of Schedule 8 with negative results;; and

(c)in paragraph 2(2) for “of the collection centre” substitute “supervising the centre or premises”.

John Griffiths

Minister for the Environment and Sustainable Development, one of the Welsh Ministers

21 February 2013

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Bovine Semen (Wales) Regulations 2008 (S.I. 2008/1040) (W. 110) (“the 2008 Regulations”) which control the collection, processing and storage of bovine semen. The 2008 Regulations establish two regimes: one by which semen may be collected and processed for trade with other EU member States, and one by which semen may be collected for use in the United Kingdom.

The 2008 Regulations implement Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (OJ No L 194, 22.7.1988, p. 10), as last amended by Council Directive 2008/73/EC (OJ No L 219, 14.8.2008, p. 40).

In particular, regulations 4 and 6 provide that the use of teaser cows does not require approval at unlicensed semen collection centres.

Regulations 3, 5, 7 and 11 (amending regulations 2, 16, 24 and Schedule 7 respectively of the 2008 Regulations) relate to unlicensed processing premises where semen collected either at unlicensed premises or at a domestic collection centre and not intended for intra-Community trade may be processed subject to supervision by an EC collection centre veterinarian.

A regulatory impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.

(1)

1984 c. 40; section 10 was amended by the Statute Law (Repeals) Act 1993 (c. 50) and the Criminal Justice Act 2003 (c. 44). Functions conferred under the Act on the “appropriate Minister” insofar as they are exercisable in relation to Wales, were transferred to the National Assembly for Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999, article 2, Schedule 1, (S.I. 1999/672) and are now vested in the Welsh Ministers by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

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