The Animal By-Products (Enforcement) (Wales) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations enforce, in Wales, Regulation (EC) No 1069/2009 of the European Parliament and of the Council on laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002. (OJ No L 300, 14.11.2009, p.1) (“the EU Control Regulation”).

These Regulations also enforce, in Wales, Regulation No 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ No L 54, 26.02.2011) (the EU Implementing Regulation) that provides technical supplementation of those requirements of the EU Control Regulation.

Under the EU Control Regulation there are obligations on operators in relation to animal by-products, including obligations as to disposal and use, prohibitions on feeding, and placing on the market. In addition, there are requirements for operators, plants and establishments to be registered or approved. The obligations vary according to the categorisation of the material, the higher risk animal by-product is categorised as Category 1 material, next in risk is Category 2 and then Category 3 material. The EU Implementing Regulation, supplements the requirements of the EU Control Regulation. These Regulations enable decisions by member states to be made including the appointment of a competent authority. The Regulations allow the member state to derogate from the obligations and also enable the competent authority to make authorisations in relation to specified obligations.

These Regulations provide for the following.

1.  The competent authority is designated as the Welsh Ministers and also for varying matters that supplement the basic obligations, including designation of remote areas and also access in relation to prohibitions on feeding in Article 11 of the EU Control Regulation (Part 2).

2.  Procedure and appeals in respect of registration and approval (Part 3).

3.  Enforcement of the requirements by providing for offences including breach of the requirements of the EU Control Regulation as identified in the Table to Schedule 1 (which identifies relevant authorisations of the competent authority) (Part 4). The Table sets out the requirements of the EU Control Regulation as supplemented by the requirements of the EU Implementing Regulation and these Regulations, where applicable. The requirements enable the competent authority, the Welsh Ministers, to make authorisations in respect of such requirements as laid down in those requirements. Such authorisations enable the competent authority to determine whether or not a product is a risk to human or animal health for example. A full list of all the authorisations that are provided for under the requirements will be made available on the the Welsh Assembly Government website at (www.wales.gov.uk). In addition, that website will also make available the authorisations exercised by the Welsh Ministers.

4.  Enforcement, by appointing enforcement authorities and making provision for powers of enforcement (Part 5).

5.  Consequential provisions (Part 6) and revocations and transitional provisions (Part 7). In particular, these Regulations revoke the Animal By-Products (Wales) Regulations 2006 SI 2006 No 1293 (W.127) and amending instrument.

A regulatory impact assessment of the effect that this instrument will have on the costs of business, and the voluntary sector is available from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.