FSA Consultation letter, 3 November 2003
Responses are requested by: 14 November 2003
Following a recent change in EC law, it is necessary for the Food Standards Agency to revoke the Collagen and Gelatine (Intra-Community Trade) (England) Regulations 2003 and replace them with a new statutory instrument. The purpose of this action is to delay the introduction of the new legal requirements for collagen and gelatine until 31 December 2003 in accordance with revised EC legislation.
The Agency conducted a full public consultation on the Collagen and Gelatine (Intra-Community Trade) (England) Regulations 2003 from 3 March to 23 May 2003. As the new statutory instrument will not significantly alter the substance of the outgoing Regulations, it is considered that a short consultation of 10 days on the replacement Regulations is justified. This is also necessary to ensure that English law is out of step with EC law for the shortest possible time.
The Collagen and Gelatine (Intra-Community Trade) (England) Regulations 2003 came into force in England on 30 September 2003. They implement in England the public health requirements of Commission Decision 2003/42/EC relating to the production of collagen for human consumption intended for trade with other EU Member States and the handling of associated raw materials.
On 29 September, the European Commission issued a new Decision, number 2003/721/EC, which has repealed Decision 2003/42/EC and delayed the coming into force date of the collagen requirements until 31 December 2003. The reason for the delay is to allow the Commission more time to finalise equivalent arrangements with official control authorities in third countries for the health certification for imports of collagen and raw materials entering the EU from overseas. The EC legal basis for the Collagen and Gelatine (Intra-Community Trade) (England) Regulations 2003 has therefore been removed. The Agency needs to regularise the legal situation as quickly as possible.
Detail of the draft replacement Regulations
The Agency proposes to lay before Parliament as soon as possible the Collagen and Gelatine (Intra-Community Trade) (England) (No. 2) Regulations 2003. These Regulations will revoke the Collagen and Gelatine (Intra-Community Trade) (England) Regulations 2003 and the amendments made to the Products of Animal Origin (Import and Export) Regulations 1996. The new draft Regulations will then re-implement similar provisions from 31 December 2003. A copy of the new draft Regulations can be viewed on the FSA web site.
The original guidance notes have also been updated to reflect recent developments and a copy can be found by following the link below. These have previously been the subject of public consultation and so further comments are not being sought at this time.