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The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 88 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/170
Year2019
  • 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.
    • (1) 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 is amended as follows.in point (b) , omit “in the Community”;for “Member State” substitute “ constituent nation ”;omit from the words “it shall” to the end;after point (p) , insert—
    • F10(q) constituent nation: one of the following nations of the British Islands: England, Guernsey, Isle of Man, Jersey, Scotland or Wales;
    • (r) OIE: the World Organisation for Animal Health.
    ;     constituent nation: one of the following nations of the British Islands: England, Guernsey, Isle of Man, Jersey, Scotland or Wales;OIE: the World Organisation for Animal Health.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, F11the Welsh Ministers;
    • (c) in relation to Scotland, F11theScottish Ministers;
    • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
      • (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, F12the Scottish Ministers;
    • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    .    in relation to England, the Secretary of State;in relation to Wales, F11the Welsh Ministers;in relation to Scotland, F11theScottish Ministers;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to Wales, the Welsh Ministers;relation to Scotland, F12the Scottish Ministers;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.
    ;    negligible risk,controlled risk, orundetermined risk,omit the third subparagraph;omit paragraphs 2 to 5;for paragraph 6 substitute—
      (6) Exporting countries that are eligible for inclusion in the list of countries or regions approved for the import into F15Great Britain 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 F15Great Britain 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.
    ;    Exporting countries that are eligible for inclusion in the list of countries or regions approved for the import into F15Great Britain 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 F15Great Britain 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.omit paragraph (8) .in paragraph 1, for “Each Member State” substitute “ The appropriate authority ” ;in paragraph 2, for the words from the beginning to “Committee,” substitute “ The Secretary of State must inform the OIE ”;in the first sentence, for the words from the beginning to “Commission” substitute “ The appropriate authority must, where possible, submit to their relevant omit the third sentence.in paragraph 1, for “Member States may” substitute “ Appropriate authorities may confer together and with expert scientists to ”;in paragraph 3, omit the first sentence.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;
    • F18(b) not be imported into Great Britain 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.
    ;    be removed and disposed of in accordance with Annex 5 and with Regulation (EC) No 1069/2009; not be imported into Great Britain from any country other than a member State.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.in paragraph 3, for “In Member States or regions thereof,” substitute “ In parts of F19Great Britain”;in paragraph 4, for “the Community’s” substitute “Great Britain’s”.(6A) In Article 9, in paragraph 2, omit the second subparagraph.in paragraph 1, for “Member States” substitute “ Appropriate authorities ”;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.
    .    in paragraph 4, omit the words from “in accordance” to the end;omit paragraph 5.(10) Omit Article 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in the second sentence, for “Community” substitute “ F22retained direct EU ”.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in paragraph 3, in the second subparagraph, for the words from “dispatched from” to “country” substitute “ imported from a country or region ”;in paragraph 6, omit “into the Community”.(13) For Article 17 substitute—
      (Article 17) Health certificatesAppropriate 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.
    .    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—
      (Article 18) Supplementation of health certificatesThe 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.
    .    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) Omit Article 19.(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) .in point 5, for the words from “Member States” to “territory” substitute “ the appropriate authority may test other bovine animals ”;in point 6.1, for “Chapter III of Section I of Annex I to Regulation (EC) No 854/2004” substitute “Article 18(4) of Regulation (EU) No 2017/625;omit point 7.for the words from the beginning to “point 4,” substitute “ The appropriate authorities shall test ”;at the end insert “ within the F45Great Britain ”;omit point (b) ;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, ”;in the words before the first indent, for “Member States” substitute “ The appropriate authorities ”;in Tables A and B, in the heading of column 1, omit “Member State”;in the footnotes to Tables A and B, omit “in the individual Member States” in both places where it occurs;in point 6, in the words before the first indent, for “Member States” substitute “ the appropriate authority ”;in point 8, in the first sentence, for “Commission” substitute “ appropriate authority, which must immediately notify the other appropriate authorities ”.omit chapter A;for Chapter B substitute—
      Monitoring in cervidsThe appropriate authority may carry out monitoring for TSEs in cervids.
    .    The appropriate authority may carry out monitoring for TSEs in cervids.(24) Chapter B is amended in accordance with paragraphs (25) to (26) .in the heading, for “Member States” substitute “ appropriate authorities ”;in the heading, for the words from “Member States” to the end substitute “ appropriate

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