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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 436

EUROPEAN COMMUNITIES

ANIMALS

The Transmissible Spongiform Encephalopathy (Amendment No.3) Regulations (Northern Ireland) 2005

  Made 3rd October 2005 
  Coming into operation 25th October 2005 

The Department of Agriculture and Rural Development, being a Department 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, in exercise of the powers conferred on it by the said section 2(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Transmissible Spongiform Encephalopathy (Amendment No.3) Regulations (Northern Ireland) 2005 and shall come into operation on 25th October 2005.

Interpretation
    
2. The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments to the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002
     3. The Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002[4] are amended in accordance with the provisions of these Regulations.

     4. In regulation 3 (Interpretation)—

     5. After regulation 10 (Notifications) there shall be inserted the following regulations—

     6. In regulation 23 (Production of feedingstuffs containing fishmeal for feeding to farmed animals other than ruminants), for paragraphs (1), (2) and (3) there shall be substituted—

     7. For regulation 25 (Use and storage of feedingstuffs containing fishmeal, dicalcium phosphate or hydrolysed protein) there shall be substituted—

     8. After regulation 25, there shall be inserted the following regulations—

     9. In regulation 29B (Slaughter of animals), for paragraph (5) there shall be substituted—

     10. In regulation 33 (Removal of specified risk material from carcases in slaughterhouses)—

     11. In regulation 36 (Removal of vertebral column of bovine animals in cutting premises)

     12. For regulation 37 (Removal of SRM spinal cord of sheep and goats), there shall be substituted—

     13. For regulation 38 (Young lamb stamp), there shall be substituted—

     14. —(1) In regulation 41(1)(a) and (2)(a), after the words "young lamb stamp", there shall be inserted "or young goat stamp, as the case may be".

    (2) In regulations 46(1) and 47(1)(a), after the words "young lamb stamp", there shall be inserted "or young goat stamp, as the case may be".

    
15. After Schedule 1 (Compensation), there shall be inserted Schedule 1A as set out in the Schedule to these Regulations.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


3rd October 2005.

L.S.


Liam McKibben
A senior officer of the Department of Agriculture and Rural Development


SCHEDULE
Regulation 15

          





EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002, S.R. 2002 No. 225 ("the 2002 Regulations"), which give effect in Northern Ireland to the enforcement and administration of Regulation (EC) No. 999/2001 of the European Parliament and of the Council of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies. Other amending Regulations are S.R. 2003 No. 495, S.R. 2003 No. 509, S.R. 2004 No. 388, S.R. 2005 No. 25 and S.R. 2005 No. 200.

These Regulations also give effect in part to Article 16a of Council Directive 95/53/EC of 25th October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition (O.J. No. L265, 8.11.95, p.17). Article 16a was inserted by Directive 2001/46/EC of the European Parliament and of the Council (O.J. No. L234, 1.9.2001, p.55). The relevant provision is contained in new regulation 25B of the 2002 Regulations, inserted by regulation 8.

The main changes are as follows:

Amendments are made to certain definitions contained in regulation 3 of the 2002 Regulations (regulation 4);

New regulation 10A of, and new Schedule 1A to, the 2002 Regulations make provision for a regime for the slaughter for human consumption of cattle over thirty months of age and new regulation 10B prohibits consignment to a slaughterhouse of a bovine animal born or reared in the United Kingdom before 1st August 1996 or imported into the United Kingdom before 1st August 1996 (regulation 5 and the Schedule);

Regulation 23 of the 2002 Regulations is amended to make provision relating to the use of premises for the production of feedingstuffs containing fishmeal (regulation 6);

New regulation 25A of the 2002 Regulations contains further provisions about feedingstuffs containing fishmeal and new regulation 25B relates to the submission of samples of feedingstuffs to laboratories (regulation 8);

Regulations 33 and 36 of the 2002 Regulations are amended to make provision for the enforcement of measures contained in Regulation (EC) No. 999/2001 concerning the labelling of bovine carcases containing vertebral column and the removal of vertebral column from such carcases (regulations 10 and 11);

Regulation 37 of the 2002 Regulations is replaced by a new regulation relating to the removal of spinal cord from sheep and goats (regulation 12);

Regulation 38 of the 2002 Regulations is replaced by a new regulation relating to the stamping of the carcases of young lambs and young goats from which the spleen and ileum have been removed (regulation 13).


Notes:

[1] S.I. 1999/2027back

[2] 1972 c.68back

[3] 1954c.33(N.I.)back

[4] S.R. 2002 No. 225 as amended by S.R. 2003 No. 495, S.R. 2003 No. 509, S.R. 2004 No. 388, S.R. 2005 No. 25 and S.R. 2005 No. 200back

[5] O.J. No. L163, 23.6.2005, p.1back

[6] S.R. 1996 No. 404 as amended by S.R. 1996 No.506back

[7] O.J. No. L99, 20.4.96, p.14back

[8] O.J. No. L104, 27.4.96, p.21back

[9] O.J. No. L262, 16.10.96, p.2back

[10] O.J. No. L288, 9.11.96, p.14back

[11] O.J. No. L188, 17.7.97, p.6back

[12] O.J. No. L96, 12.4.2003, p.13back

[13] O.J. No. L62, 15.3.93, p.49back

[14] Current edition (2005); ISBN 92-1-139097-4back



ISBN 0 337 96179 4


 © Crown copyright 2005

Prepared 28 October 2005


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