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Explanatory note

Original text. Later amendments are not shown.

(This note does not form part of the Regulations)

1

These Regulations, which apply to Wales only, make further amendments both to the Specified Risk Material Regulations 1997 (SI 1997/2965, as already amended) and to the Specified Risk Material Order 1997 (SI 1997/2964, as already amended). The Specified Risk Material Regulations 1997 (“the principal Regulations”) apply to Great Britain as a whole.

Amendments to the Specified Risk Material Regulations 1997

2

These Regulations reflect in Wales 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 imposes 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).

3

The substantive amendments made by these Regulations to the principal Regulations are as follows:—

(a)

in the light of the transitional measures referred to above

(i)

regulation 3 of the principal Regulations (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 2(4) and (5));

(ii)

regulation 4 of the principal Regulations (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 2(6) to (8));

(iii)

regulation 8 of the principal Regulations (prohibition applying to the vertebral column of ruminant animals) is replaced with a provision prohibiting the use of bovine, ovine and caprine bones in the production of mechanically recovered meat (regulation 2(10)) and regulation 9 (registration of premises on which meat is recovered by mechanical means from ruminant animals) is revoked (regulation 2(11));

(iv)

a new regulation, 15A, dealing with the treatment of imported carcases containing vertebral column which is specified bovine material, is inserted into the principal Regulations (regulation 2(12)); and

(b)

in view of the amendment made to regulation 26 of the principal Regulations by the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings)(England and Wales) Regulations 2000 (SI 2000/656), that regulation is further amended to enable the Food Standards Agency or the National Assembly for Wales to give directions relating to the disposal of specified risk material (regulation 2(13) and (14)).

4

These Regulations also make consequential amendments to the principal Regulations in the light of certain of the substantive amendments referred to above and the enactment of the Food Standards Act 1999 (1999 c. 28) (regulation 2(2), (3) and (9)).

Amendments to the Specified Risk Material Order 1997

5

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.

6

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).

7

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)).

8

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)).

9

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)).

10

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)).

11

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 1EN.