The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019
2019 No. 170
Exiting The European Union
AnimalsAnimal Health
The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019
Made 31th January 2019
Laid before Parliament 4th February 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
The requirements of paragraph 3(2) of Schedule 7 to the Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
Citation and commencement
1. These Regulations may be cited as the Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
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
2.—(1) Regulation (EC) No 999/2001of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies is amended as follows.
(2) In Article 3—
(a)
(a) in paragraph 1—
(i) in point (b), omit “in the Community”;
(ii) in point (e)—
(aa) for “Member State” substitute “constituent nation”;
(bb) omit from the words “it shall” to the end;
(iii) after point (p), insert—
“(q)
“(q) constituent nation: one of the following nations of the United Kingdom: England, Wales, Scotland or Northern Ireland;
(r)
(r) OIE: the World Organisation for Animal Health.”;
(b)
(b) after paragraph 1, insert—
“1A. In this Regulation, “appropriate authority” means:
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, Welsh Ministers;
(c) in relation to Scotland, Scottish Ministers;
(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
1B. But the appropriate authority is the Secretary of State if consent is given by:
(a) in relation to Wales, the Welsh Ministers;
(b) relation to Scotland, Scottish Ministers;
(c) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.
(3) In Article 5—
(a)
(a) in paragraph 1—
(i) for the first subparagraph substitute—
“1. The BSE status of countries and regions as categorised by the OIE is—
(a) negligible risk,
(b) controlled risk, or
(c) undetermined risk,
and, as at exit day, the BSE status for each of the constituent nations is established by Commission Decision 2007/453.”;
(ii) omit the third subparagraph;
(b)
(b) omit paragraphs 2 to 5;
(c)
(c) for paragraph 6 substitute—
“6. Exporting countries that are eligible for inclusion in the list of countries or regions approved for the import into the United Kingdom of live animals or of the products covered by this Regulation must be categorised with regard to BSE status that takes into account the criteria and potential risk factors set out in paragraph 1, and any statistical survey of the epidemiological situation regarding TSEs in the country on the basis of the use, in a screening procedure, of rapid tests. The classification criteria used by the OIE must be taken into account.
Eligibility to import from a third country into the United Kingdom live animals or products of animal origin within scope of this Regulation under conditions determined on their established category must be established as soon as possible, once any epidemiological or other evidence which might lead to a change in BSE status has been analysed by the appropriate authorities.”;
(d)
(d) in paragraph 8, for “paragraphs 2, 3, 4, 6 and 7” substitute “this Article”.
(4) In Article 6—
(a)
(a) in paragraph 1, for “Each Member State” substitute “The appropriate authority” ;
(b)
(b) in paragraph 2, for the words from the beginning to “Committee,” substitute “The Secretary of State must inform the OIE”;
(c)
(c) in paragraph 4—
(i) in the first sentence, for the words from the beginning to “Commission” substitute “The appropriate authority must, where possible, submit to their relevant Assembly or Parliament an annual report”;
(ii) omit the third sentence.
(5) In Article 6a—
(a)
(a) in paragraph 1, for “Member States may” substitute “Appropriate authorities may confer together and with expert scientists to”;
(b)
(b) in paragraph 3, omit the first sentence.
(6) In Article 8—
(a)
(a) for paragraph 1 to 2 substitute—
“1. Specified risk material, referred to and listed in Annex 5 and including at least the brain, spinal cord, eyes and tonsils of bovine animals aged over 12 months, and the vertebral column of bovine animals aged over 30 months, must—
(a) be removed and disposed of in accordance with Annex 5 and with Regulation (EC) No 1069/2009;
(b) not be imported into the United Kingdom from any country other than a member State.
2. Tissues from animals which have undergone one of the alternative tests listed in Annex 10, which is applied under the conditions provided for in Annex 5, and in relation to which the test results are negative, are not to be regarded as specified risk material.”;
(b)
(b) in paragraph 3, for “In Member States or regions thereof,” substitute “In parts of the United Kingdom”;
(c)
(c) in paragraph 4, for “Community’s” substitute “United Kingdom’s”.
(7) In Article 10—
(a)
(a) in paragraph 1, for “Member States” substitute “Appropriate authorities”;
(b)
(b) omit paragraph 2.
(8) In Article 11, for the first two paragraphs substitute—
“Any person who suspects an animal of being infected by a TSE must immediately notify the relevant competent authority.”.
(9) In Article 13—
(a)
(a) in paragraph 4, omit the words from “in accordance” to the end;
(b)
(b) omit paragraph 5.
(10) Omit Article 14.
(11) In Article 15(1)—
(a)
(a) in the first sentence, after “export” insert “to a member State”;
(b)
(b) in the second sentence, for “Community” substitute “EU retained”.
(12) In Article 16—
(a)
(a) in paragraph 1, in the words before point (a), after “export” insert “to a member State”;
(b)
(b) in paragraph 2, for “third country” substitute “country or region”;
(c)
(c) in paragraph 3, in the second subparagraph, for the words from “dispatched from” to “country” substitute “imported from a country or region”;
(d)
(d) in paragraph 6, omit “into the Community”.
(13) For Article 17 substitute—
“Health certificates
Article 17. Appropriate health certificates relating to trade in the semen, embryos and ova of bovine, ovine or caprine animals, and appropriate commercial documents relating to trade in products of animal origin must be supplemented, where necessary, by a reference to the category specifying the BSE classification.”.
(14) For Article 18 substitute—
“Supplementation of health certificates
Article 18. The appropriate health certificates relating to imports must be supplemented in respect of the BSE classification of any country by the specific requirements laid down in Annex 9, as soon as that classification is confirmed.”.
(15) For Article 19 substitute—
“National reference laboratory
Article 19. The functions and duties of the United Kingdom’s national reference laboratory at Woodham Lane, New Haw, Addlestone, Surrey KT15 3NB are set down in Annex 10, Chapter A.”.
(16) Omit Articles 21, 22 and 25.
(17) After Article 26, omit the words from “This Regulation” to “Member States.”.
(18) In Annex 2, in Chapter A, in the first paragraph, omit “Member States or third”.
(19) Annex 3 is amended in accordance with paragraphs (20) to (26).
(20) Chapter A is amended in accordance with paragraphs (21) to (23).
(21) In Part 1 (monitoring in bovine animals)—
(a)
(a) in point 5, for the words from “Member States” to “territory” substitute “the appropriate authority may test other bovine animals”;
(b)
(b) omit point 7.
(22) In Part 2 (monitoring in ovine and caprine animals)—
(a)
(a) in point 2—
(i) in point (a)—
(aa) for the words from the beginning to “point 4,” substitute “The appropriate authorities shall test”;
(bb) at the end insert “within the United Kingdom”;
(ii) omit point (b);
(iii) in point (c), in the words before the first indent, for “A Member State” substitute “The Secretary of State, with the consent of the other appropriate authorities,”;
(b)
(b) in point 3—
(i) in the words before the first indent, for “Member States” substitute “The appropriate authorities”;
(ii) in Tables A and B, in the heading of column 1, omit “Member State”;
(c)
(c) in point 6, in the words before the first indent, for “Member States” substitute “the appropriate authority”;
(d)
(d) in point 8, in the first sentence, for “Commission” substitute “appropriate authority, which must immediately notify the other appropriate authorities”.
(23) In Part 3 (monitoring in cervids)—
(a)
(a) omit chapter A;
(b)
(b) for Chapter B substitute—
“Monitoring in cervidsThe appropriate authority may carry out monitoring for TSEs in cervids.”.
(24) Chapter B is amended in accordance with paragraphs (25) to (26).
(25) In Part 1—
(a)
(a) in the heading, for “Member States” substitute “appropriate authorities”;
(b)
(b) in Section A—
(i) in the heading, for the words from “Member States” to the end substitute “appropriate authorities in their annual report”;
(ii) in point 2, for “Article 12(2)” substitute “Article 12”;
(iii) in point 3, for “Article 12(1) and (2) substitute “Article 12”;
(iv) omit point 9;
(c)
(c) omit Section B.
(26) Omit Part 2 (information to be presented in the Union summary report).
(27) Annex 4 is amended in accordance with paragraphs (28) to (32).
(28) In Chapter 3, in Section C, in the words before point...
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