Office of Public Sector Information

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (“the principal Regulations”), which provide for the enforcement in relation to Scotland of 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 (O.J. No. L 147, 31.5.2001, p.1) as amended by and as read with the Community instruments set out in Schedule 1 to the principal Regulations.

The amendment is that a revised Schedule 6 is inserted into the principal Regulations.

Schedule 6 to the TSE Regulations currently provides for the enforcement of Part A of Annex XI to Regulation (EC) No. 999/2001 (concerning specified risk material, mechanically recovered meat and slaughtering techniques).

By virtue of Article 22(1) of Regulation (EC) 999/2001, the provisions contained in Part A of Annex XI to that Regulation were of a transitional nature pending the adoption of a Decision under Article 5(2) or (4) of that Regulation determining the BSE status of countries according to their BSE risk, following which Annex V to Regulation (EC) No. 999/2001 (introduced by Article 8 thereof) would apply in relation to specified risk material.

A Decision has now been adopted under Article 5(2) of Regulation (EC) No. 999/2001 (Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (O.J. No. L 172, 30.6.2007, p.84)).

Commission Regulation (EC) No. 722/2007 amending Annexes II, V, VI, VIII, IX and 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 (O.J. No. L 164, 26.6.2007, p.7) revokes Annex XI to Regulation (EC) No. 999/2001 and inserts a revised Annex V (“specified risk material”) into that Regulation.

The revised Schedule 6 to the principal Regulations provides for the enforcement of the revised Annex V inserted into Regulation (EC) No. 999/2001 by Commission Regulation (EC) No. 722/2007.

The Regulations also make saving provisions with respect to the appointment of inspectors and authorisations issued under Schedule 6 to the principal Regulations.

A full regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.