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2001 No. 3546 (W.290)

FOOD, WALES

ANIMALS, WALES

The Specified Risk Material (Amendment) (Wales) (No.2) Regulations 2001

  Made 31 October 2001 
  Coming into force 1 November 2001 

The National Assembly for Wales, being designated [1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy, makes the following Regulations:

Citation, commencement and application
     1. These Regulations may be cited as the Specified Risk Material (Amendment) (Wales) (No.2) Regulations 2001; they apply to Wales only and come into force on 1 November 2001.

Revocation of the Specified Risk Material (Amendment) (Wales) Regulations 2001
    
2. Regulation 3 of the Specified Risk Material (Amendment) (Wales) Regulations 2001[3] is hereby revoked.

Amendment of the Specified Risk Material Order 1997
     3.  - (1) In so far as it applies to Wales, the Specified Risk Material Order 1997[4] shall be amended in accordance with the following paragraphs of this Regulation.

    (2) In paragraph (1) of article 2 (interpretation)  - 

    (3) The following paragraph is inserted at the end of article 2  - 

    (4) In paragraph (1) of article 3 (specified sheep and goat material), the phrase "(subject to paragraph (2) below)" is inserted before the phrase "specified sheep or goat material".

    (5) The following paragraphs are inserted at the end of article 3  - 

    (6) The following paragraph shall be substituted for paragraph (1) of article 4 (specified bovine material)  - 

    (7) The following paragraph is substituted for paragraph (2) of article 4  - 

    (8) The following paragraphs are added at the end of article 4  - 

    (9) In article 6  - 

    (10) In Schedule 2 (form of importation certificate) for the declaration there shall be substituted the following declaration  - 

Amendments to the Specified Risk Material Regulations 1997
     4.  - (1) In so far as they apply to Wales, the Specified Risk Material Regulations 1997 [5] are amended in accordance with the following paragraphs of this Regulation  - 

    (2) In paragraphs (1) and (4) of regulation 6 (Approvals and authorisations) the words "the National Assembly for Wales" are inserted in place of the words "the Minister".



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6].


D. Elis-Thomas
The Presiding Officer of the National Assembly

31st October 2001



EXPLANATORY NOTE

(This note does not form part of the Regulations)


    
1. These Regulations, which apply to Wales only, revoke that part of the Specified Risk Material (Amendment) (Wales) Regulations 2001 (SI 2001/2732, W.231), which purported to make amendments to the Specified Risk Material Order 1997 (SI 1997/2964), but which contained drafting errors. The amendments made to the Specified Risk Material Regulations 1997 (SI 1997/2965, as already amended) made by the Specified Risk Material (Amendment) (Wales) Regulations 2001 were validly made and are not revoked by these Regulations.

Amendments to the Specified Risk Material Order 1997
    
2. These Regulations make further amendments to the Specified Risk Material Order 1997 (SI 1997/2964, as already amended) in so far as it applies to Wales. The Specified Risk Material Order 1997 ("the principal Order") extends to Great Britain as a whole.

    
3. The amendments made by these Regulations to the principal Order reflect the provisions of Annex (XI) to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L147, 31.5.2001, p.1). That Annex imposed transitional measures with regard to the removal of specified risk material and was inserted into Regulation (EC) No. 999/2001 by Article 3 of Commission Regulation (EC) No. 1326/2001 (OJ No. L177, 30.6.2001, p.60).

    
4. In article 2 of the principal Order, a definition of vertebral column is added at the end of paragraph 1 and a new paragraph 5 is added (regulation 3(2) and (3)).

    
5. Article 3 of the principal Order (which defines "specified sheep and goat material") is amended to exclude from the scope of the definition material derived from sheep and goats born, continuously reared and slaughtered in certain third countries (regulation 3(4) and (5)).

    
6. Article 4 of the principal Order (which defines "specified bovine material") is substantially revised so that, in particular, material derived from bovine animals born, continuously reared and slaughtered in certain third countries is now outside the scope of the definition (regulation 3(6) to (8)).

    
7. Article 6 of the principal Order (which regulates the import of specified risk material) is amended to impose new requirements for the import of carcases of bovine animals containing vertebral column which is specified risk material; and a new form of importation certificate is substituted in Schedule 2 (regulation 3(9) and (10)).

Amendments to the Specified Risk Material Regulations 1997
    
8. Minor amendments are made to the Specified Risk Material Regulations 1997 (SI 1997/2965, as already amended) to alter incorrect references to "the Minister" to "the National Assembly for Wales".

    
9. A regulatory appraisal for these Regulations has been prepared pursuant to section 65 of the Government of Wales Act 1998 (1998 c.38) and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 1st Floor, Southgate House, Wood Street Cardiff, CF10 1EW.


Notes:

[1] SI 1999/2788.back

[2] 1972 (c.68).back

[3] SI 2001/2732 (W. 231).back

[4] SI 1997/2964, amended by SI 2000/2811 and SI 2000/3387 (W.224).back

[5] SI 1997/2965, amended by SI 1997/3062, SI 1998/2405 (itself amended by SI 1997/2431), SI 1999/539, SI 2000/656, SI 2000/2659 (W.172), SI 2000/3387 (W.224) and SI 2000/1973.back

[6] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11090388 9


  Prepared 21 December 2001


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URL: http://www.bailii.org/wales/legis/num_reg/2001/20013546e.html