The Animal By-Products (Enforcement) (Wales) Regulations 2011
Made: 2 March 2011
Laid before the National Assembly for Wales: 3 March 2011
Coming into force: 4 March 2011
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PART 1 — Introduction
Citation, commencement and application
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Interpretation
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PART 2 — The competent authority and miscellaneous provisions
The competent authority
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Access in relation to prohibitions in Article 11(1)(a), (b) or (d) of the EU Control Regulation
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Use of organic fertilisers and soil improvers and additional waiting period for pigs in relation to the prohibition in Article 11(1)(c) of the EU Control Regulation
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Collection centres for feeding in relation to Article 18(1) of the EU Control Regulation
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Remote areas for the purposes of Article 19(1)(b) of the EU Control Regulation
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Placing on the market in relation to Article 36 of the EU Control Regulation
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PART 3 — Registration and approval
Procedure for registration of plants and establishments
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Notifications of competent authority in respect of registration
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Procedure for approval
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Notification in respect of decisions on approval
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Reasons for decisions
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Appeals procedure
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PART 4 — Offences and penalties
Offence in respect of EU Control Regulation
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Offence of obstruction
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Corporate, partnership and unincorporated association offences
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Penalties
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PART 5 — Enforcement
Enforcement authority
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Authorised person
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Powers of authorised person
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Powers of entry and additional powers
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Warrant
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Notices served by an authorised person
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Power to share information for enforcement purposes
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PART 6 — Consequential amendments
Consequential amendments
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PART 7 — Revocations and transitional provision
Revocations
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Small quantities transitional provision
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SCHEDULE 1 — Animal By-Product Requirements
| Column 1 | Column 2 | Column 3 |
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| Subject matter of requirement | Provisions containing the basic requirement | Provisions to be read with the provision(s) mentioned in Column 2 |
| 1 General Obligation | Article 4(1) or (2) of the EU Control Regulation | Article 5(1) and (2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain) |
| 2 Compliance with general animal health restrictions | Article 6(1) of the EU Control Regulation | Article 6(1) of the EU Control Regulation and Article 4 of the EU Implementing Regulation (serious transmissible diseases) |
| 3 Compliance with restrictions on use for feeding purposes | Article 11 of the EU Control Regulation | Regulations 4 to 6 (access) and regulation 7(2) of these Regulations (subject to regulation 7(3)) (additional waiting period for pigs) |
| Article 11(2) of the EU Control Regulation; as read with Article 5(1) of the EU Implementing Regulation (restrictions on use in respect of Article 11(1)(a) of the EU Control Regulation) and Article 5(2) of that Regulation (restrictions on use in respect of Article 11(1)(c) of the EU Control Regulation) | ||
| 4 Disposal and use of Category 1 material | Article 12 of the EU Control Regulation as read with— the following provisions of Article 16 (derogations) of that Regulation— Article 16(b) (disposal and use in accordance with Article 17); Article 16(c) (disposal and use in accordance with Article 18(2)); Article 16(d) (disposal and use in accordance with Article 19); Article 16(e) (disposal and use in accordance with Article 20) | Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods) |
| Article 7 of the EU Implementing Regulation | Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 12(a) or (b) of the EU Control Regulation) | |
| Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) of that Regulation (special rules on trade samples and display items) | ||
| Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal) | ||
| Article 20(11) of the EU Control Regulation (supplementary measures) as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods) | ||
| 5 Disposal and use of Category 2 material | Article 13 of the EU Control Regulation, as read with— Article 15(2)(b) of the EU Control Regulation; and the following provisions of Article 16 (derogations) of that Regulation— | Article 15(1)(b) of the EU Control Regulation and Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments and Article 9(b) of that Regulation (standard processing methods) |
| Article 16(b) (disposal and use in accordance with Article 17); Article 16(c) (disposal and use in accordance with Article 18(1)); Article 16(d) (disposal and use in accordance with Article 19); Article 16(e) (disposal and use in accordance with Article 20); Article 16(f) (disposal and use of Category 2 material); Article 16(h) (disposal and use as a result of surgery on a farm) | Article 15(1)(c) of the EU Control Regulation and Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 13(e) or (f) of the EU Control Regulation) | |
| Article 15(1)(d) and Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 13(a) or (b) of the EU Control Regulation) | ||
| Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) of that Regulation (special rules on trade samples and display items) | ||
| Article 18(3) of the EU Control Regulation as read with Article 13(1) of the EU Implementing Regulation (special feeding rules) and regulation 8 of these Regulations (collection centres) | ||
| Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal) | ||
| Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods) | ||
| 6 Disposal and use of Category 3 material | Article 14 of the EU Control Regulation, as read with— the following provisions of Article 16 (derogations) of that Regulation— Article 16(b) (disposal and use in accordance with Article 17); Article 16(c) (disposal and use in accordance with Article 18(1)); Article 16(d) (disposal and use in accordance with Article 19); Article 16(e) (disposal and use in accordance with Article 20); Article 16(f) ; (disposal and use of Category 2 material); Article 16(g) (use for feeding); Article 16(h) (disposal and use as a result of surgery on a farm) and | Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods) Article 15(1)(c) of the EU Control Regulation and Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 14(f) or (g) of the EU Control Regulation) |
| Article 7 of the EU Implementing Regulation | Article 15(1)(d) of the EU Control Regulation and Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 14(a) or (b) of the EU Control Regulation) | |
| Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) of that Regulation (special rules on trade samples and display items) | ||
| Article 18(3) of the EU Control Regulation as read with Article 13(2) of the EU Implementing Regulation (special feeding rules) | ||
| Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal) | ||
| Article 20(11) (supplementary measures) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods) | ||
| Article 36(3) of the EU Implementing Regulation (transitional measures) as read with regulation 30 of these Regulations | ||
| 7 Collection and identification as regards category and transport | Article 21(1) to (4) of the EU Control Regulation | Article 21(5) to (6) of the EU Control Regulation as read with Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability) |
| 8 Traceability | Article 22(1) to (2) of the EU Control Regulation | Article 22(3) of the EU Control Regulation as read with Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability) |
| 9 Registration of operators, establishments and plants | Article 23(1) of the EU Control Regulation (subject to Article 23(4)), and Article 23(2) of that Regulation as read with Article 55 of the EU Control Regulation | Regulation 11 of these Regulations (procedure for registration) |
| Article 23(3) of the EU Control Regulation and Article 27 of that Regulation as read with Article 20(1) and (2) of the EU Implementing Regulation (subject to paragraph (3)) (requirements of certain registered establishments and plants) | ||
| Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation (format requirements for lists of registered operators) | ||
| 10 Approval of establishments and plants | Article 24 of the EU Control Regulation as read with Article 44(3) of the EU Control Regulation and Article 55 of that Regulation | Regulation 13 of these Regulations (procedure for approval) |
| Article 27 of the EU Control Regulation (implementing measures) as read with Article 19 of the EU Implementing Regulation (requirements concerning certain approved establishments and plants) and Article 33 of that Regulation (re-approval of plants and establishments after the grant of a temporary approval) | ||
| Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation(format requirements for lists of approved operators) | ||
| 11 General hygiene conditions | Article 25 of the EU Control Regulation | Article 27 of the EU Control Regulation (implementing measures) as read with Article 9(a) of the EU Implementing Regulation (hygiene and processing requirements) Article 19 of the EU Implementing Regulation (requirements in relation to certain approved plants in Article 24 of the EU Control Regulation and Article 20 of the EU Implementing Regulation (requirements in relation to certain registered operators) |
| 12 Handling of animal by-products within food | Article 26 of the EU businesses Control Regulation | |
| 13 Own checks | Article 28 of the EU Control Regulation | |
| 14 Hazard analysis | Article 29(1) to (3) of the EU Control Regulation | |
| 15 Placing on the market animal by-products and derived products for feeding to farmed animals excluding fur animals | Article 31(1) of the EU Control Regulation | Article 31(2) of the EU Control Regulation as read with Article 21 of the EU Implementing Regulation (placing on the market for feeding to farmed animals) and Article 24(2) of that Regulation (pet food and other derived products) |
| 16 Placing on the market and use of organic fertilisers and soil improvers | Article 32(1) and (2) of the EU Control Regulation | Regulation 7(1) of these Regulations (subject to regulation 7(3)) (application of fertilisers) |
| Article 32(3) of the EU Control Regulation as read with Article 22(1) to (3) of the EU Implementing Regulation (placing on the market of fertilisers) | ||
| Article 36(1) of the EU Implementing Regulation (transitional measures) | ||
| 17 Collection and movement for manufacture of derived products | Article 34 of the EU Control Regulation except in so far as it relates to imports | Article 33 of the EU Control Regulation (placing on the market of derived products) |
| Article 23 of the EU Implementing Regulation (intermediate products) | ||
| 18 Compliance with prohibition on use for manufacture for products not within Article 33 or 36 of the EU Control Regulation | Article 24(1) of the EU Implementing Regulation | Article 33 of the EU Control Regulation (placing on the market of certain derived products regulated by Community legislation) |
| Article 36 of that Regulation (placing on the market of other derived products) | ||
| 19 Placing on the market of pet food | Article 35 of the EU Control Regulation | Article 5(2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain) |
| Article 40 of the EU Control Regulation as read with Article 24(3) of the EU Implementing Regulation (pet food and other derived products) | ||
| 20 Placing on the market of other derived products | Article 36 of the EU Control Regulation | Regulation 10 of these Regulations (placing on the market) |
| Article 5(2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain) | ||
| Article 40 of the EU Control Regulation as read with Article 24(1), (2) and (4) of the EU Implementing Regulation (pet food and other derived products) | ||
| 21 Safe sourcing | Article 37(2) of the EU Control Regulation | |
| 22 Export | Article 43 of the EU Control Regulation | |
| 23 Controls for dispatch | Article 48(1), (4) and (5), as read with Article 48(6), of the EU Control Regulation | Article 48(7) and (8) of the EU Control Regulation as read with Article 11(3) of the EU Control Regulation (special rules on research and diagnostic samples), Article 12(3) of that Regulation (special rules on trade samples and display items) and Article 31 of that Regulation (models of health certificates and declarations for importation and transit) |
SCHEDULE 2 — Consequential Amendments
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
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The Controlled Waste Regulations 1992
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The Waste Management Licensing Regulations 1994
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The Animal By-Products (Identification) Regulations 1995
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The Products of Animal Origin (Import and Export) Regulations 1996
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The Foot-and-Mouth Disease (Wales) Order 2006
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The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006
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The Animals and Animal Products (Import and Export) (Wales) Regulations 2006
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The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007
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The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006
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The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006
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The Cattle Identification (Wales) Regulations 2007
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The Animal Gatherings (Wales) Order 2010
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The Environmental Permitting (Wales and Wales) Regulations 2010
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The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008
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The Waste (England and Wales) Regulations 2011
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SCHEDULE 3 — Revocations
The following instruments are revoked to the extent specified.
| Column 1 | Column 2 | Column 3 |
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| Regulations revoked | References | Extent of revocation |
| The Animal By-Products (Identification) Regulations 1995 | S.I. 1995/614 | In Regulation 2(1), the definition of “the 2003 Regulations”, in so far as it applies to Wales |
| Regulation 3, in so far as it applies to Wales | ||
| The Bovine Offal (Prohibition) (England, Wales, and Scotland) (Revocation) Regulations 1995 | S.I. 1995/1955 | Regulation 3, in so far as it applies to Wales |
| The Products of Animal Origin (Import and Export) Regulations 1996 | S.I. 1996/3124 | In regulation 1(2), the definition of “Directive 90/667” |
| In paragraph 3 of Schedule 1, the entry in respect of “Council Directive 90/667/EEC” | ||
| The Animal By-Products (Wales) Regulations 2006 | S.I. 2006/1293 (W.127) | The whole Regulations |
| The Waste Management (England and Wales) Regulations 2006 | S.I. 2006/937 | Regulation 5(4), in so far as it applies to Wales |
| The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2006 | S.I. 2006/376 (W.36) | In regulation 2(1), the definition of “Regulation (EC) No 1774/2002” |
| Regulations 29 to 33 | ||
| In Part VIII of Schedule 1, paragraphs 12 to 14 | ||
| The Avian Influenza (H5N1) (Miscellaneous Amendments) (Wales) Order 2007 | S.I. 2007/3375 (W.300) | The whole Regulations |
| The Environmental Permitting (England and Wales) (Amendment) Regulations 2010 | S.I. No 2010/675 | In regulation 2(1), paragraph (a) in relation to the definition of “the Animal By-Products Regulations” |
| In Section 6.8 of Chapter 6 of Schedule 3, paragraph 1(g) and (i) | ||
| The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008 | S.I. 2008/3154 (W.282) | In regulation 2(1), the definition of “Regulation (EC) No 1774/2002” In Schedule 1, paragraph (b) |
| In Schedule 6, paragraphs 1(2) and (3), 2(5), 3 and 18 | ||
| The Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008 | S.I. No 2008/2716 (W.245) | In regulation 2, the definition of “the 2006 Regulations” |
| In Regulation 3, the words “Regulation 21 of the 2006 Regulations or”, wherever they appear |
Signed
Elin Jones — Minister for Rural Affairs, one of the Welsh Ministers — 2 March 2011
Explanatory note
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Footnotes
[^f00001]: 1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
[^f00002]: S. I. 2008/1792.
[^f00003]: OJ No L 54, 26.02.2011.
[^f00004]: OJ No L300, 14.11.2009, p.1.
[^f00005]: OJ No L 54, 26.02.2011.
[^f00006]: 2008 c. 32.
[^f00007]: 2000 c. 7, amended by the Communications Act 2003 (c. 21), sections 406 and 411(2) and (3) and Schedule 17, paragraph 158.
[^f00008]: 1925 c. 86. Subsections (1), (2) and (5) of section 33 were repealed by the Magistrates' Courts Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, Part 2, paragraph 19; subsection (4) was partially repealed by the Courts Act 2003 (c. 39), section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10.
[^f00009]: 1980 c. 43. Paragraph 2(a) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13; paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13.
[^f00010]: S.I. 2006/31 (W.5), to which there are amendments not relevant to these Regulations.
[^f00011]: 1984 c. 22.
[^f00012]: S.I. 1991/1624, amended by S.I. 2006/937; there are other amending instruments but none is relevant.
[^f00013]: S.I. 1992/588, amended by S.I. 2006/937; there are other amending instruments but none is relevant.
[^f00014]: S.I. 1994/1056, amended by S.I. 2006/937: there are other amending instruments but none is relevant.
[^f00015]: S.I. 1995/614, relevant amending instruments are S.I. 1995/1955, 2002/1619, 2003/1484.
[^f00016]: S.I. 1996/3124, amended by S.I. 2006/2407; there are other amending instruments but none is relevant.
[^f00017]: S.I. 2006/179 (W.30).
[^f00018]: S.I. 2006/180 (W.31).
[^f00019]: S.I. 2006/1536 (W.153), as amended.
[^f00020]: S.I. No 2007/376 (W.36), as amended.
[^f00021]: S.I. No 2006/3309 (W.299) as amended .
[^f00022]: S.I. No 2006/3310 (W.300) as amended.
[^f00023]: S.I. 2007/842 (W.74).
[^f00024]: S.I. No 2010/900 (W.93).
[^f00025]: S.I. 2010/675, amended by S.I. 2010/2172; there are other amending instruments but none is relevant.
[^f00026]: S.I. 2008/3154 (W.282).
Use of organic fertilisers and soil improvers and additional waiting period for pigs in relation to the prohibition in Article 11(1)(c) of the EU Control Regulation
Collection centres for feeding in relation to Article 18(1) of the EU Control Regulation
Remote areas for the purposes of Article 19(1)(b) of the EU Control Regulation
Placing on the market in relation to Article 36 of the EU Control Regulation
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Subject matter of requirement | Provisions containing the basic requirement | Provisions to be read with the provision(s) mentioned in Column 2 |
| 1General Obligation | Article 4(1) or (2) of the EU Control Regulation | Article 5(1) and (2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain) |
| 2Compliance with general animal health restrictions | Article 6(1) of the EU Control Regulation | Article 6(1) of the EU Control Regulation and Article 4 of the EU Implementing Regulation (serious transmissible diseases) |
| 3Compliance with restrictions on use for feeding purposes | Article 11 of the EU Control Regulation | Regulations 4 to 6 (access) and regulation 7(2) of these Regulations (subject to regulation 7(3)) (additional waiting period for pigs) |
| Article 11(2) of the EU Control Regulation; as read with Article 5(1) of the EU Implementing Regulation (restrictions on use in respect of Article 11(1)(a) of the EU Control Regulation) and Article 5(2) of that Regulation (restrictions on use in respect of Article 11(1)(c) of the EU Control Regulation) | ||
| 4Disposal and use of Category 1 material | Article 12 of the EU Control Regulation as read with—the following provisions of Article 16 (derogations) of that Regulation—Article 16(b) (disposal and use in accordance with Article 17);Article 16(c) (disposal and use in accordance with Article 18(2));Article 16(d) (disposal and use in accordance with Article 19);Article 16(e) (disposal and use in accordance with Article 20) | Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods) |
| Article 7 of the EU Implementing Regulation | Article 15(1)(d) of the EU Control Regulation as read with Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 12(a) or (b) of the EU Control Regulation) | |
| Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) of that Regulation (special rules on trade samples and display items) | ||
| Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal) | ||
| Article 20(11) of the EU Control Regulation (supplementary measures) as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods) | ||
| 5Disposal and use of Category 2 material | Article 13 of the EU Control Regulation, as read with—Article 15(2)(b) of the EU Control Regulation; and the following provisions of Article 16 (derogations) of that Regulation— | Article 15(1)(b) of the EU Control Regulation and Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments and Article 9(b) of that Regulation (standard processing methods) |
| Article 16(b) (disposal and use in accordance with Article 17);Article 16(c) (disposal and use in accordance with Article 18(1));Article 16(d) (disposal and use in accordance with Article 19);Article 16(e) (disposal and use in accordance with Article 20);Article 16(f) (disposal and use of Category 2 material);Article 16(h) (disposal and use as a result of surgery on a farm) | Article 15(1)(c) of the EU Control Regulation and Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 13(e) or (f) of the EU Control Regulation) | |
| Article 15(1)(d) and Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 13(a) or (b) of the EU Control Regulation) | ||
| Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) of that Regulation (special rules on trade samples and display items) | ||
| Article 18(3) of the EU Control Regulation as read with Article 13(1) of the EU Implementing Regulation (special feeding rules) and regulation 8 of these Regulations (collection centres) | ||
| Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal) | ||
| Article 20(11) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods) | ||
| 6Disposal and use of Category 3 material | Article 14 of the EU Control Regulation, as read with—the following provisions of Article 16 (derogations) of that Regulation—Article 16(b) (disposal and use in accordance with Article 17);Article 16(c) (disposal and use in accordance with Article 18(1));Article 16(d) (disposal and use in accordance with Article 19);Article 16(e) (disposal and use in accordance with Article 20);Article 16(f) ; (disposal and use of Category 2 material);Article 16(g) (use for feeding);Article 16(h) (disposal and use as a result of surgery on a farm) and | Article 15(1)(b) of the EU Control Regulation as read with Article 8(1) of the EU Implementing Regulation (requirements for processing plants and other establishments) and Article 9(b) of that Regulation (standard processing methods)Article 15(1)(c) of the EU Control Regulation and Article 10(1) of the EU Implementing Regulation (requirements regarding transformation into biogas and composting in respect of Article 14(f) or (g) of the EU Control Regulation) |
| Article 7 of the EU Implementing Regulation | Article 15(1)(d) of the EU Control Regulation and Article 6(3) to (5) of the EU Implementing Regulation (disposal by incineration in respect of Article 14(a) or (b) of the EU Control Regulation) | |
| Article 17(2) of the EU Control Regulation as read with Article 11(2) of the EU Implementing Regulation (special rules on research and diagnostic samples) and Article 12(2) of that Regulation (special rules on trade samples and display items) | ||
| Article 18(3) of the EU Control Regulation as read with Article 13(2) of the EU Implementing Regulation (special feeding rules) | ||
| Article 19(4) of the EU Control Regulation as read with Article 15 of the EU Implementing Regulation (collection, transport and disposal) | ||
| Article 20(11) (supplementary measures) of the EU Control Regulation as read with Article 9(c) of the EU Implementing Regulation (alternative processing methods) | ||
| Article 36(3) of the EU Implementing Regulation (transitional measures) as read with regulation 30 of these Regulations | ||
| 7Collection and identification as regards category and transport | Article 21(1) to (4) of the EU Control Regulation | Article 21(5) to (6) of the EU Control Regulation as read with Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability) |
| 8Traceability | Article 22(1) to (2) of the EU Control Regulation | Article 22(3) of the EU Control Regulation as read with Article 17 of the EU Implementing Regulation (requirements of collection, transport, identification and traceability) |
| 9Registration of operators, establishments and plants | Article 23(1) of the EU Control Regulation (subject to Article 23(4)), and Article 23(2) of that Regulation as read with Article 55 of the EU Control Regulation | Regulation 11 of these Regulations (procedure for registration) |
| Article 23(3) of the EU Control Regulation and Article 27 of that Regulation as read with Article 20(1) and (2) of the EU Implementing Regulation (subject to paragraph (3)) (requirements of certain registered establishments and plants) | ||
| Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation (format requirements for lists of registered operators) | ||
| 10Approval of establishments and plants | Article 24 of the EU Control Regulation as read with Article 44(3) of the EU Control Regulation and Article 55 of that Regulation | Regulation 13 of these Regulations (procedure for approval) |
| Article 27 of the EU Control Regulation (implementing measures) as read with Article 19 of the EU Implementing Regulation (requirements concerning certain approved establishments and plants) and Article 33 of that Regulation (re-approval of plants and establishments after the grant of a temporary approval) | ||
| Article 47(2) of the EU Control Regulation as read with Article 32(7) of the EU Implementing Regulation(format requirements for lists of approved operators) | ||
| 11General hygiene conditions | Article 25 of the EU Control Regulation | Article 27 of the EU Control Regulation (implementing measures) as read with Article 9(a) of the EU Implementing Regulation (hygiene and processing requirements) Article 19 of the EU Implementing Regulation (requirements in relation to certain approved plants in Article 24 of the EU Control Regulation and Article 20 of the EU Implementing Regulation (requirements in relation to certain registered operators) |
| 12Handling of animal by-products within food | Article 26 of the EU businesses Control Regulation | |
| 13Own checks | Article 28 of the EU Control Regulation | |
| 14Hazard analysis | Article 29(1) to (3) of the EU Control Regulation | |
| 15Placing on the market animal by-products and derived products for feeding to farmed animals excluding fur animals | Article 31(1) of the EU Control Regulation | Article 31(2) of the EU Control Regulation as read with Article 21 of the EU Implementing Regulation (placing on the market for feeding to farmed animals) and Article 24(2) of that Regulation (pet food and other derived products) |
| 16Placing on the market and use of organic fertilisers and soil improvers | Article 32(1) and (2) of the EU Control Regulation | Regulation 7(1) of these Regulations (subject to regulation 7(3)) (application of fertilisers) |
| Article 32(3) of the EU Control Regulation as read with Article 22(1) to (3) of the EU Implementing Regulation (placing on the market of fertilisers) | ||
| Article 36(1) of the EU Implementing Regulation (transitional measures) | ||
| 17Collection and movement for manufacture of derived products | Article 34 of the EU Control Regulation except in so far as it relates to imports | Article 33 of the EU Control Regulation (placing on the market of derived products) |
| Article 23 of the EU Implementing Regulation (intermediate products) | ||
| 18Compliance with prohibition on use for manufacture for products not within Article 33 or 36 of the EU Control Regulation | Article 24(1) of the EU Implementing Regulation | Article 33 of the EU Control Regulation (placing on the market of certain derived products regulated by Community legislation) |
| Article 36 of that Regulation (placing on the market of other derived products) | ||
| 19Placing on the market of pet food | Article 35 of the EU Control Regulation | Article 5(2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain) |
| Article 40 of the EU Control Regulation as read with Article 24(3) of the EU Implementing Regulation (pet food and other derived products) | ||
| 20Placing on the market of other derived products | Article 36 of the EU Control Regulation | Regulation 10 of these Regulations (placing on the market) |
| Article 5(2) of the EU Control Regulation as read with Article 3 of the EU Implementing Regulation (end point in the manufacturing chain) | ||
| Article 40 of the EU Control Regulation as read with Article 24(1), (2) and (4) of the EU Implementing Regulation (pet food and other derived products) | ||
| 21Safe sourcing | Article 37(2) of the EU Control Regulation | |
| 22Export | Article 43 of the EU Control Regulation | |
| 23Controls for dispatch | Article 48(1), (4) and (5), as read with Article 48(6), of the EU Control Regulation | Article 48(7) and (8) of the EU Control Regulation as read with Article 11(3) of the EU Control Regulation (special rules on research and diagnostic samples), Article 12(3) of that Regulation (special rules on trade samples and display items) and Article 31 of that Regulation (models of health certificates and declarations for importation and transit) |
The following instruments are revoked to the extent specified.
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Regulations revoked | References | Extent of revocation |
| The Animal By-Products (Identification) Regulations 1995 | S.I. 1995/614 | In Regulation 2(1), the definition of “the 2003 Regulations”, in so far as it applies to Wales |
| Regulation 3, in so far as it applies to Wales | ||
| The Bovine Offal (Prohibition) (England, Wales, and Scotland) (Revocation) Regulations 1995 | S.I. 1995/1955 | Regulation 3, in so far as it applies to Wales |
| The Products of Animal Origin (Import and Export) Regulations 1996 | S.I. 1996/3124 | In regulation 1(2), the definition of “Directive 90/667” |
| In paragraph 3 of Schedule 1, the entry in respect of “Council Directive 90/667/EEC” | ||
| The Animal By-Products (Wales) Regulations 2006 | S.I. 2006/1293 (W.127) | The whole Regulations |
| The Waste Management (England and Wales) Regulations 2006 | S.I. 2006/937 | Regulation 5(4), in so far as it applies to Wales |
| The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2006 | S.I. 2006/376 (W.36) | In regulation 2(1), the definition of “Regulation (EC) No 1774/2002” |
| Regulations 29 to 33 | ||
| In Part VIII of Schedule 1, paragraphs 12 to 14 | ||
| The Avian Influenza (H5N1) (Miscellaneous Amendments) (Wales) Order 2007 | S.I. 2007/3375 (W.300) | The whole Regulations |
| The Environmental Permitting (England and Wales) (Amendment) Regulations 2010 | S.I. No 2010/675 | In regulation 2(1), paragraph (a) in relation to the definition of “the Animal By-Products Regulations” |
| In Section 6.8 of Chapter 6 of Schedule 3, paragraph 1(g) and (i) | ||
| The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008 | S.I. 2008/3154 (W.282) | In regulation 2(1), the definition of “Regulation (EC) No 1774/2002” In Schedule 1, paragraph (b) |
| In Schedule 6, paragraphs 1(2) and (3), 2(5), 3 and 18 | ||
| The Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008 | S.I. No 2008/2716 (W.245) | In regulation 2, the definition of “the 2006 Regulations” |
| In Regulation 3, the words “Regulation 21 of the 2006 Regulations or”, wherever they appear |
Editorial notes
[^key-05a340c2cd7a79794454c732beaf9176]: Regulations revoked (20.10.2011 at 12.01 a.m.) and amendments made by Sch. 2 undone and provisions revoked by Sch. 3 revived by The Animal By-Products (Enforcement) (No. 2) (Wales) Regulations 2011 (S.I. 2011/2377), regs. 1(b), 28, 31(1)
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