European Communities (Animal By-products) (Amendment) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the European Communities (Animal By-products (Amendment) Regulations 2005.
Amendments
num: 2
paragraphs: The European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ) are amended-
(a) in Regulation 2(1)-
(i) by the substitution, for the definition of “European Regulation”, of-
“‘European Regulation’ means Regulation (EC No. 1774/2002 of the European Parliament and the Council of 3 October 2002 as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003, Commission Regulation (EC) No. 668/2004 of 10 March 2004, Commission Regulation (EC) No. 878/2004 of 29 April 2004 Commission Regulation (EC) No. 92/2005 of 19 January 2005 and Commission Regulation (EC No. 93/2005 of 19.1.2005;
‘manufacture’ means total or partial manufacture and includes incorporating processing, compounding, formulating, filling dividing up, packaging, labelling and presentation and cognate words are construed accordingly;”,
(ii) by the insertion, after the definition of “premises”, of-
“‘purchase’ includes buy, take in exchange accept as a gift or otherwise receive and cognate words are construed accordingly;” and
(iii) by the insertion, after the definition of “supply”, of -
“‘TSE Regulation’ means Regulation (EC) No. 999/2001 of the European Parliament and the Council of 22 May 2001 as amended by Commission Regulation (EC) No. 1248/2001 of 22 June 20012 , Commission Regulation (EC No. 1326/2001 of 29 June 2001, Commission Regulation (EC) No. 270/2002 of 14 February 2002, Commission Regulation (EC) No. 1494/2002 of 21 August 2002, Commission Regulation (EC) No. 260/2003 of 12 February 2003, Commission Regulation (EC) No. 650/2003 of 10 April 2003, Commission Regulation (EC) No. 1053/2003 of 19 June 2003, Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 2003, Commission Regulation (EC) No. 1139/2003 of 27 June 2003, Commission Regulation (EC) No. 1234/2003 of 10 July 2003 Commission Regulation (EC) No. 1809/2003 of 15 October 2003, Commission Regulation (EC No. 1915/2003 of 30 October 2003 Commission Regulation (EC) No. 2245/2003 of 19 December 2003, Commission Regulation (EC) No. 876/2004 of 29 April 2004 Commission Regulation (EC) No. 1471/2004 of 18 August 2004, Commission Regulation (EC No. 1492/2004 of 23 August 2004, Commission Regulation (EC) No. 1993/2004 of 19 November 2004, Commission Regulation (EC No. 36/2005 of 12 January 2005, Commission Regulation (EC) No. 214/2005 of 9 February 2005, Commission Regulation (EC) No. 260/2005 of 16 February 2005, Commission Regulation (EC) No. 932/ 2005 of 8 June 2005 and Commission Regulation (EC) No. 1292/2005 of 5 August 2005.”,
(b) in Regulation 2(2), by the insertion after “European Regulation”, in both places where it occurs, of “or the TSE Regulation”,
(c) in Regulation 3(1)-
(i) by the insertion, after subparagraph (a), of-
“(aa) contravenes Article 7 (1), (2), 8(1), (3) 9, 15, 16 (2), (3), (5), (6) of, or Annex III, IV, Chapter C of Annex X or Annex XI to, the TSE Regulation,
(aaa) contravenes Article 4 or 5 of Commission Regulation (EC) No. 878/2004 or Article 4 of Commission Regulation (EC) No. 92/2005,”,
(ii) by the substitution, in subparagraph (e), for “an approval under Regulation 6”, of “an approval or authorisation under Regulation 6, registration under Regulation 9A or 9B”, and
(iii) by the substitution for subparagraph (f), of-
“(f) contravenes Regulation 4, 6(1), (2), (3) (4), (5), (6), (7), (8), (8A), (8B), (8D) (8E), (8F), (8G), (8H), (16), 7(1), (9) (13), 8(1), (10), 9 (1), (5), (6), (9), (13) 9A (1), (12), (13) (14), 9B, 9C (1), (2) (3), (4), 9D, 9E, 10, 11, 13, 14(3), 17B or 17C,”,
(d) by the substitution, for Regulation 4, of-
“Presumptions
4(1) In proceedings for an offence in relation to a contravention of Article 7(1) or (2) of the TSE Regulation, it is a defence for the defendant to show that point II(A) of Annex IV to the TSE Regulation applies and that the said point II(A) was, at the time of the alleged offence, complied with.
(2) If, in proceedings for an offence in relation to a contravention of these Regulations, the European Regulation or the TSE Regulation, it is alleged that animal protein is present in a substance and if it is proved that one or more bone spicules is or are present in the substance, it is for the defendant to prove that a prohibited animal protein was not present in the substance.
(3) In proceedings for an offence under the TSE Regulation and Regulation 3(1)(aa), it is not necessary for the prosecution to prove that the State belongs to a particular category and it is not a defence to show that the State belongs to or does not belong to a particular category.”,
(e) in Regulation 5, by the deletion of -
(i) paragraph (2), and
(ii) in each place where it occurs, of “Minister for Health and Children or”,
(f) by the substitution, for Regulation 5 (7)(c), (d) and (e), of-
“(c) the premises has been approved, authorised, registered or licensed for a purpose specified in the European Regulation, the TSE Regulation or these Regulations, is required to be so approved, authorised, registered or licensed or is subject to an application for approval, authorisation, registration or a licence or is ancillary to a premises aforesaid,
(d) a document relating to an animal by-product, animal feedingstuff, fertilizer, processed animal protein or other thing to which the European Regulation, the TSE Regulation or these Regulations relate is or may be on the premises, or
(e) an offence is being or has been committed under these Regulations,”,
(g) in Regulation 5(7) (other than Regulation 5(7)(d)), by the insertion, after “animal by-product,”, in each place where it occurs, of “feedingstuff fertilizer or other thing to which either the European Regulation or the TSE Regulation relates,”,
(h) in Regulation 5(7)(xi), by the insertion, after “vessel,” of “premises”,
(i) in Regulation 6, by the insertion after paragraph (8), of-
“(8A) A person shall not operate a collection centre for the purposes of Article 23(4) of the European Regulation other than under in accordance with an authorisation granted for the purposes of the European Regulation.
(8B) A person shall not carry out a laboratory examination for a transmissible spongiform encephalopathy (except at the national reference laboratory) other than under and in accordance with an approval granted for the purposes of Annex X of the TSE Regulation.
(8C) Notwithstanding the generality of this Regulation, an authorised officer shall, in relation to an approval granted for the purposes of the European Regulation, exercise the functions described in Article 12(4), 13(3), 14(4), 15(3), 17(3) and 18(3 of the European Regulation.
(8D) A person shall not use a dye to stain specified risk material or an animal by-product other than under and in accordance with an approval-
(i) granted for the purposes of the European Communities (Specified Risk Material Regulations 2000 ( S.I. No. 332 of 2000 that was in force immediately before the making of the European Communities (Animal By-products) (Amendment Regulations 2005, or
(ii) granted for the purposes of the European Regulation or the TSE Regulation.
(8E) A person, other than a person entered in the register of home compounders, shall not manufacture a feedingstuff that consists of or contains fishmeal other than under and in accordance with an authorisation granted for the purposes of point II(B)(c) of Annex IV to the TSE Regulation.
(8F) A person, other than a person entered in the register of home compounders, shall not manufacture a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin other than under and in accordance with an authorisation granted for the purposes of point II(C)(a) of Annex IV to the TSE Regulation.
(8G) A person, other than a person entered in the register of home compounders, shall not manufacture a feedingstuff that consists of or contains a blood product or bloodmeal other than under and in accordance with an authorisation granted for the purposes of point II(D)(c) of Annex IV to the TSE Regulation.
(8H) A person shall not operate a plant referred to, or use one of the processes described, in the Annexes to Commission Regulation (EC) No. 92/2005 of 19 January 2005 other than under and in accordance with an approval granted for the purposes of Article 3 of that Regulation.”,
(j) in Regulation 6, by the insertion after “approval” in each place where it occurs in paragraphs (9) through (19) of “or authorisation”,
(k) in Regulation 9, by the deletion of “knackery” in each place where it occurs,
(l) by the insertion, after Regulation 9, of-
Register of home compounders
“9A.(1) A person shall not engage in home compounding referred to at-
(a) point II(B)(c)(i),
(b) point II(C)(a)(i), or
(c) point II(D)(c)(i),
of Annex IV to the TSE Regulation unless his or her name is entered in the register (“register of home compounders”).
(2) The Minister may enter a person's name on the register of home compounders, refuse an application or revoke a registration.
(3) An application for registration, shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.
(4) The Minister shall not consider an application for registration if the application does not contain all the material and particulars sought by the Minister.
(5) The Minister may attach conditions to registration, revoke or vary a condition or attach a new condition.
(6) Without prejudice to the generality of paragraph (5), a condition to registration may -
(a) control the use of a substance to which registration relates and other conditions as are, in the opinion of the Minister, necessary ancillary or desirable for the condition aforesaid to have full effect, and
(b) bind the person to whom registration is granted and such other person or classes of person as may be specified in the condition.
(7) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or revoke a registration if-
(a) he or she is satisfied that the European Regulation, the TSE Regulation or these Regulations have not been or will not be complied with,
(b) the applicant or registered person has been convicted of or committed an offence, whether he or she has been convicted or not, under any enactment relating to animals, animal health or public health.
(c) the applicant or registered person has failed to comply with a condition of registration,
(d) the applicant or registered person is not, in the opinion of the Minister, a fit and proper person to be registered,
(e) without prejudice to paragraph (4), in relation to the application, information required has not been furnished or information that is, in the opinion of the Minister false or misleading in a material particular has been furnished, or
(f) it is necessary, in the opinion of the Minister -
(i) to prevent the risk or spread of disease,
(ii) to eradicate disease, or
(iii) is necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities.
(8) Without prejudice to the generality of paragraph (2), the Minister shall refuse an application or revoke registration if the applicant or registered person has been convicted, on indictment, of an offence relating to an animal, animal health or public health.
(9) Other than in the case of refusal or revocation under paragraph (8) or (10), if the Minister proposes to revoke a registration, or to refuse an application, he or she shall —
(a) notify the person concerned in writing of the proposal and of the reasons therefor, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,
(b) consider a representation made before deciding whether to proceed with, modify or annul the proposal, and
(c) notify the person concerned of the decision and the reasons therefor.
(10) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Communities, he or she may refuse an application or revoke a registration in accordance with paragraph (11).
(11) If the Minister refuses an application or revokes a registration in accordance with this paragraph, he or she shall —
(a) notify the person concerned in writing of the decision and the reasons therefor, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,
(b) consider a representation made, and
(c) confirm, modify or annul the decision and notify the person concerned of the decision and the reasons therefor.
(12) A person to whom a registration is granted shall make such returns to the Minister as and when, and in a form that, the Minister may direct.
(13) A person to whom registration relates shall not have a ruminant in his or her possession or under his or her control or cause or permit another person to have a ruminant in his or her possession or under his or her control on a premises to which registration relates.
(14) A person shall not move or cause or permit another person to move a complete feedingstuff to which registration relates from the premises where it is manufactured.
Animal by-products transport register
9B (1) A person shall not use a vehicle to transport an animal by-product or processed product unless his or her name and any particulars that the Minister considers appropriate are entered in the register (“animal by-products transport register”)
(2) The Minister may enter a person's name and particulars on the animal by-products transport register (in this Regulation referred to as “the register”) refuse an application or revoke a registration.
(3) An application for registration shall be made in a form and be accompanied by any information that the Minister may specify.
(4) The Minister shall not consider an application for registration if the application does not contain all information sought by the Minister.
(5) The Minister may attach conditions to registration, revoke or vary a condition or attach a new condition.
(6) Without prejudice to the generality of paragraph (5), a condition to registration may -
(a) control the use of a vehicle owned or operated by a person to whom registration relates and other conditions as are, in the opinion of the Minister, necessary ancillary or desirable for the condition aforesaid to have full effect,
(b) specify the type or class of animal by-product or processed product that may be carried on the vehicle, and
(c) bind the person to whom registration is granted and such other person or classes of person as may be specified in the condition.
(7) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or revoke a registration if-
(a) he or she is satisfied that the European Regulation, the TSE Regulation or these Regulations have not been or will not be complied with,
(b) the applicant or registered person has been convicted of or committed an offence, whether he or she has been convicted or not, under any enactment relating to animals, animal health or public health.
(c) the applicant or registered person has failed to comply with a condition of registration,
(d) the applicant or registered person is not, in the opinion of the Minister a fit and proper person to be registered,
(e) without prejudice to paragraph (4), in relation to the application information required has not been furnished or information that is, in the opinion of the Minister, false or misleading in a material particular has been furnished, or
(f) it is necessary, in the opinion of the Minister -
(i) to prevent the risk or spread of disease,
(ii) to eradicate disease, or
(iii) is necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities.
(8) Without prejudice to the generality of paragraph (2), the Minister shall refuse an application or revoke registration if the applicant or registered person has been convicted, on indictment, of an offence relating to an animal, animal health or public health.
(9) Other than in the case of refusal or revocation under paragraph (8) or (10), if the Minister proposes to revoke a registration, or to refuse an application, he or she shall —
(a) notify the person concerned in writing of the proposal and of the reasons therefor, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,
(b) consider a representation made before deciding whether to proceed with, modify or annul the proposal, and
(c) notify the person concerned of the decision and the reasons therefor.
(10) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Communities, he or she may refuse an application or revoke a registration in accordance with paragraph (11).
(11) If the Minister refuses an application or revokes a registration in accordance with this paragraph, he or she shall —
(a) notify the person concerned in writing of the decision and the reasons therefor, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,
(b) consider a representation made, and
(c) confirm, modify or annul the decision and notify the person concerned of the decision and the reasons therefor.
(12)A person to whom a registration is granted shall make such returns to the Minister as and when, and in a form that, the Minister may direct.
(13)The Minister may establish and maintain the register in a form that is not legible if it is capable of being converted into a legible form.
(14)A person shall not transport an animal by-product or a processed product in a vehicle unless he or she complies with Article 7 and Annex II of the European Regulation.
(15)A person who operates a vehicle under Regulation 10 of the European Communities (Specified Risk Material) Regulations 2000 ( S.I. No. 332 of 2000 ) and who before 1 January 2006 applies to be registered under this Regulation may, until his or her application is determined, operate in accordance with the European Regulation, as if registered under this Regulation.
(16) This Regulation does not apply to a-
(a) farmer (or his employee) transporting manure on his or her farm or the carcase of an animal of which he or she is the keeper directly to a premises for lawful disposal,
(b) a person transporting an animal by-product or processed product directly to a premises approved, for the purposes of Article 15 of the European Regulation, under Regulation 6(6), or
(c) a person who transports a petfood that consists of or contains a processed product that is in a form in which it may be sold or supplied to the consumer.
Restriction on manufacture, possession etc.
9C. (1) A person shall not manufacture a feedingstuff that may be fed to a ruminant animal or have such a feedingstuff in his or her possession or under his or her control on a premises where-
(a) fishmeal or a feedingstuff that consists of or contains fishmeal,
(b) hydrolysed protein or a feedingstuff that consists of or contains hydrolysed protein,
(c) dicalcium phosphate of animal origin, tricalcium phosphate of animal origin or a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin,
(d) a blood product or bloodmeal or a feedingstuff that consists of or contains a blood product or bloodmeal, or
(e) other processed animal protein,
is manufactured.
(2) A person shall not manufacture or have in his or her possession or under his or her control -
(a) fishmeal or a feedingstuff that consists of or contains fishmeal,
(b) hydrolysed protein or a feedingstuff that consists of or contains hydrolysed protein,
(c) dicalcium phosphate of animal origin, tricalcium phosphate of animal origin or a feedingstuff that consists of or contains dicalcium phosphate or tricalcium phosphate of animal origin,
(d) a blood product or bloodmeal or a feedingstuff that consists of or contains a blood product or bloodmeal, or
(e) other processed animal protein,
on a premises where a feedingstuff that may be fed to a ruminant is manufactured.
(3) A person shall not have -
(a) a substance that consists of or contains fishmeal, hydrolysed protein a blood product, bloodmeal or other processed animal protein in his or her possession or under his or her control on a premises where a farmed animal (other than a carnivorous fur producing animal) is kept or
(b) a farmed animal (other than a carnivorous fur producing animal) in his or her possession or under his or her control on a premises where a substance that consists of or contains fishmeal, hydrolysed protein, a blood product, bloodmeal or other processed animal protein is manufactured, sold, supplied or kept.