European Communities (Animal By-Products) (Amendment) Regulations, 2005

• Jurisdiction: Ireland
• Year: 2005
• Citation: IR SI 707/2005

S.I. No. 707 of 2005
European Communities (Animal By-products) (Amendment) Regulations 2005
I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving full effect to Regulation (EC) No. 999/2001 of the European Parliament and the Council of 22 May 20011 (as amended by Commission Regulation (EC) No. 1248/2001 of 22 June 20012 , Commission Regulation (EC) No. 1326/2001 of 29 June 20013 , Commission Regulation (EC) No. 270/2002 of 14 February 20024 , Commission Regulation (EC) No. 1494/2002 of 21 August 20025 Commission Regulation (EC) No. 260/2003 of 12 February 20036 , Commission Regulation (EC) No. 650/2003 of 10 April 20037 , Commission Regulation (EC) No. 1053/2003 of 19 June 20038 , Regulation (EC) No. 1128/2003 of the European Parliament and the Council of 16 June 20039 , Commission Regulation (EC) No. 1139/2003 of 27 June 200310 , Commission Regulation (EC) No. 1234/2003 of 10 July 200311 , Commission Regulation (EC) No. 1809/2003 of 15 October 200312 Commission Regulation (EC) No. 1915/2003 of 30 October 200313 , Commission Regulation (EC) No. 2245/2003 of 19 December 200314 , Commission Regulation (EC) No. 876/2004 of 29 April 200415 , Commission Regulation (EC) No. 1471/2004 of 18 August 200416 , Commission Regulation (EC) No. 1492/2004 of 23 August 200417 , Commission Regulation (EC) No. 1993/2004 of 19 November 200418 Commission Regulation (EC) No. 36/2005 of 12 January 200519 , Commission Regulation (EC) No. 214/2005 of 9 February 200520 , Commission Regulation (EC No . 260/2005 of 16 February 200521 , Commission Regulation (EC) No. 932/ 2005 of 8 June 200522 and Commission Regulation (EC) No. 1292/2005 of 5 August 200523 Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 200224 (as amended by Commission Regulation (EC) No. 808/2003 of 12 May 200325 , Commission Regulation (EC) No. 668/2004 of 10 March 200426 Commission Regulation (EC) No. 878/2004 of 29 April 200427 , Commission Regulation (EC) No. 92/2005 of 19 January 200528 and Commission Regulation (EC No. 93/2005 of 19 January 200529 ) and Council Directive No. 2002/99/EC of 16 December 200230 , hereby make the following regulations-
	Citation	1. These Regulations may be cited as the European Communities (Animal By-products (Amendment) Regulations 2005.
	Amendments	2. 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...