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The Animal By-Products (Enforcement) (Wales) Regulations 2014
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- Wales Statutory Instruments
- 2014 No. 517 (W. 60)
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Regulation 2
SCHEDULE 1E+WAnimal By-Product Requirements
Commencement Information
I1Sch. 1 in force at 28.3.2014, see reg. 1(2)
| 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) and (2) of the EU Control Regulation | Article 3 of the EU Implementing Regulation |
| 2. General animal health restrictions | Article 6(1) of the EU Control Regulation | Article 4 of the EU Implementing Regulation |
| 3. Restrictions on use for feeding purposes | Article 11 of the EU Control Regulation | Regulations 4 and 5 of these Regulations and Article 5 of the EU Implementing Regulation |
| 4. Restrictions on access to bodies | Articles 12, 13 and 21(1) of the EU Control Regulation | Regulation 4(3) of these Regulations |
| 5. Disposal and use of Category 1 material | Article 12 of the EU Control Regulation, subject to Article 16(b) to (e) of that Regulation and Article 7 of the EU Implementing Regulation | Articles 6(3) to (5), 8(1), 9(b) and (c), 11(2), 12(2) and 15 of the EU Implementing Regulation |
| 6. Disposal and use of Category 2 material | Article 13 of the EU Control Regulation, subject to Articles 15(2)(b) and 16(b) to (f) and (h) of that Regulation | Regulation 6 of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(1) and 15 of the EU Implementing Regulation |
| 7. Disposal and use of Category 3 material | Article 14 of the EU Control Regulation, subject to Article 16(b) to (h) of that Regulation and Article 7 of the EU Implementing Regulation | Regulation 29 of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(2), 15 and 36(3) of the EU Implementing Regulation |
| 8. Collection and identification as regards category and transport | Article 21(1) to (4) of the EU Control Regulation | Article 17 of the EU Implementing Regulation |
| 9. Traceability | Article 22(1) and (2) of the EU Control Regulation | Article 17 of the EU Implementing Regulation |
| 10. Registration of operators, establishments and plants | Articles 23(1) and (2) and 55 of the EU Control Regulation | Regulation 11 of these Regulations and Articles 20(1) and (2) and 32(7) of the EU Implementing Regulation |
| 11. Approval of establishments and plants | Articles 24, 44(3) and 55 of the EU Control Regulation | Regulation 13 of these Regulations and Articles 19, 32(7) and 33 of the EU Implementing Regulation |
| 12. General hygiene requirements | Article 25 of the EU Control Regulation | Articles 9(a), 19 and 20 of the EU Implementing Regulation |
| 13. Handling of animal by-products within food businesses | Article 26 of the EU Control Regulation | |
| 14. Own checks | Article 28 of the EU Control Regulation | |
| 15. Hazard analysis and critical control points | Article 29(1) to (3) of the EU Control Regulation | |
| 16. 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 | Articles 21 and 24(2) of the EU Implementing Regulation |
| 17. Placing on the market and use of organic fertilisers and soil improvers | Article 32(1) and (2) of the EU Control Regulation | Regulation 5 of these Regulations and Articles 22(1) to (3) F1... of the EU Implementing Regulation |
| 18. 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 and Article 23 of the EU Implementing Regulation |
| 19. 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 | Articles 33 and 36 of the EU Control Regulation |
| 20. Placing on the market of pet food | Article 35 of the EU Control Regulation | Articles 3 and 24(3) of the EU Implementing Regulation |
| 21. Placing on the market of other derived products | Article 36 of the EU Control Regulation | Regulation 8 of these Regulations and Articles 3 and 24(1), (2) and (4) of the EU Implementing Regulation |
| 22. Safe sourcing | Article 37(2) of the EU Control Regulation | |
| 23. Export | Article 43 of the EU Control Regulation | |
| 24. Controls for dispatch | Article 48 of the EU Control Regulation | Articles 11(3), 12(3) and 31 of the EU Implementing Regulation |
| 25. Compliance with operating standards | Articles 10(1), 21(1), 22(1) and 24(3) of the EU Implementing Regulation | Regulation 9 of these Regulations |
Textual Amendments
F1Words in Sch. 1 omitted (28.3.2019) by virtue of The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 14
Regulation 27
SCHEDULE 2E+WConsequential Amendments
The Foot-and-Mouth Disease (Wales) Order 2006E+W
1.—(1) The Foot-and-Mouth Disease (Wales) Order 2006(1) is amended as follows.
(2) In article 3(1), after the definition of “public highway” insert—
““Regulation (EC) No. 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);
“Regulation (EU) No. 142/2011” means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.
(3) In article 26, for paragraph (2)(b) substitute “for treatment of such material from a slaughterhouse or border inspection post in accordance with Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 and under the authority of a licence granted by the National Assembly.”
(4) In article 27, for paragraph (2)(c) substitute “the National Assembly grants a licence authorising any such item to be removed from the premises to be treated in accordance with Regulation (EC) No. 1069/2009 following which any such item may then be removed and treated in that way and in accordance with the conditions of that licence.”
(5) In Schedule 4—
(a)for paragraph 20(4), substitute “The occupier of premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011.”;
(b)for paragraph 33(4), substitute “The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011.”
(6) In Schedule 5—
(a)for paragraph 2, substitute “Hides and skins fall within this paragraph if they comply with the requirements in Article 36 of Regulation (EC) No. 1069/2009 and point 28(c) and (d) of Annex I to Regulation (EU) No. 142/2011”;
(b)for paragraph 3, substitute “Wool, ruminant hair and pig bristles fall within this paragraph if they comply with the requirements of Article 36 of Regulation (EC) No. 1069/2009 and Article 24(4) of Regulation (EU) No. 142/2011”;
(c)for paragraph 5, substitute “Blood and blood products of susceptible animals fall within this paragraph if they are used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) and have undergone any of the treatments referred to in point 2(b)(ii) of Chapter IV of Annex XIII to Regulation No. 142/2011”;
(d)for paragraph 6, substitute “Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point 3(d) of Chapter I of Annex XIV to Regulation (EU) No. 142/2011”;
(e)for paragraph 7, substitute “Petfood and dog chews fall within this paragraph if they comply with Chapter II of Annex XIII to Regulation (EU) No. 142/2011”; and
(f)for paragraph 8, substitute “Game trophies of ungulates fall within this paragraph if they comply with the requirements of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011”.
Commencement Information
I2Sch. 2 para. 1 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006E+W
2. For paragraph 18(4) of the Schedule to the Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006(2) substitute—
“(4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with—
(a)Articles 15 and 32 of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; and
(b)Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council.”
Commencement Information
I3Sch. 2 para. 2 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006E+W
3.—(1) The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006(3) is amended as follows.
(2) In article 2—
(a)for the definition of “bird by-product”, substitute ““bird by-product” means entire bodies or parts of birds or products of avian origin, not intended for human consumption, included in Articles 8, 9 or 10 of Regulation (EC) No. 1069/2009;”
(b)after the definition of “protection zone” insert—
““Regulation (EC) No. 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”; and
(c)after the definition inserted by paragraph (b) insert—
““Regulation (EU) No. 142/2011” means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.
(3) In article 3(6), for sub-paragraph (c) insert—
“(c)the following plants if approved under Article 24 of Regulation (EC) No. 1069/2009—
(i)incineration plants;
(ii)co-incineration plants;
(iii)processing plants;
(iv)biogas plants;
(v)composting plants; and
(vi)petfood plants.”
(4) In article 14—
(a)for paragraph (2) insert—
“(2) But a veterinary inspector or an inspector acting under the direction of a veterinary inspector may licence the movement of any of the following bird by-products—
(a)processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;
(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;
(c)rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;
(d)gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(e)hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(f)dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(g)tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(h)collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;
(i)egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(j)processed pet food within the meaning of paragraph 20 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of Chapter II of Annex XIII to that Regulation;
(k)raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 which complies with Chapter II of Annex XIII;
(l)dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of Chapter II of Annex XIII to that Regulation;
(m)processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011;
(n)game trophies having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011;
(o)those by-products which are transported to designated plants within article 3(6)(c) for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;
(p)those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;
(q)untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;
(r)poultry feathers, feathers from wild game birds or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.”;
(b)for paragraph (3), substitute “No person is to move any bird by-product referred to in paragraph (2)(a) to (i) unless it has been processed at a processing plant in accordance with Regulation (EC) No. 1069/2009 and Annex IV to Regulation (EU) No. 142/2011;” and
(c)for paragraph (4), substitute “By-products from poultry referred to in paragraphs (2)(p) and (q), must be accompanied by the commercial document in accordance with Chapter III of Annex VIII to Regulation (EU) No. 142/2011.”
Commencement Information
I4Sch. 2 para. 3 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006E+W
4.—(1) The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006(4) is amended as follows.
(2) In article 2—
(a)for the definition of “bird by-product”, substitute ““bird by-product” means entire bodies or parts of birds or products of avian origin, not intended for human consumption, included in Articles 8, 9 or 10 of Regulation (EC) No. 1069/2009;”;
(b)after the definition of “Regulation (EC) No. 853/2004” insert—
““Regulation (EC) No. 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”; and
(c)after the definition inserted by paragraph (b) insert—
““Regulation (EU) No. 142/2011” means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;”.
(3) In article 13(1), for sub-paragraph (c) substitute—
“(c)the following plants if approved under Article 24 of Regulation (EC) No. 1069/2009—
(i)incineration plants;
(ii)co-incineration plants;
(iii)processing plants;
(iv)biogas plants;
(v)composting plants;
(vi)petfood plants”.
(4) In Schedule 1—
(a)in paragraph 13, for sub-paragraph (2) substitute—
“(2) A veterinary inspector may not grant or direct the grant of a licence under sub-paragraph (1) unless it is for a movement of—
(a)processed animal protein within the meaning of paragraph 5 of Annex 1 to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;
(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;
(c)rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;
(d)gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(e)hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(f)dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(g)tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(h)collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No. 142/2011 which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;
(i)egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(j)processed pet food within the meaning of paragraph 20 of Annex 1 to Regulation (EU) No. 142/2011 which complies with the requirements of Chapter II of Annex XIII to that Regulation;
(k)raw pet food within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 which complies with Chapter II of Annex XIII;
(l)dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 which comply with the requirements of Chapter II of Annex XIII to that Regulation;
(m)processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011;
(n)game trophies having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011;
(o)those by-products which are transported to designated plants within article 13(1)(c), processing plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;
(p)those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;
(q)untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex 1 to Regulation (EU) No. 142/2011 which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;
(r)poultry feathers, feathers from wild game birds or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus”;
(b)for paragraph 13(3), substitute “A veterinary inspector may not grant or direct the grant of a licence under sub-paragraph (1) for the movement of the by-products listed in sub-paragraph (2)(a) to (i) unless they have also been processed at a processing plant which complies with the requirements of Regulation (EC) No. 1069/2009 and Annex IV to Regulation (EU) No. 142/2011”;
(c)for paragraph 13(5), substitute “The bird by-products referred to in sub-paragraph (2)(p) and (q) must be accompanied by the commercial document in accordance with Chapter III of Annex VIII to Regulation (EU) No. 142/2011”;
(d)for paragraph 14(a), substitute “the movement is to an establishment for treatment in accordance with Regulation (EC) No. 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011”;
(e)for paragraph 15(a), substitute “it has been treated in accordance with Regulation (EC) No. 1069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011”.
Commencement Information
I5Sch. 2 para. 4 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
The Cattle Identification (Wales) Regulations 2007E+W
5. For paragraph 3(3) of Schedule 3 to the Cattle Identification (Wales) Regulations 2007(5), substitute—
“(3) If the Welsh Ministers do not provide a replacement, the animal to which it relates must not be moved off a holding except (under the authority of a licence granted by the Welsh Minsters) to—
(a)a plant approved under Article 24(1)(a), (b), (c) or (h) of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; or
(b)a registered collection centre which complies with Section 1 of Chapter II of Annex VI to Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council”.
Commencement Information
I6Sch. 2 para. 5 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
The Legislative and Regulatory Reform (Regulatory Functions) Order 2007E+W
6. In Part 2 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(6), under the cross-heading “animal health and welfare” after the entry “Animal By-Products (Enforcement) (England) Regulations 2013” insert “Animal By-Products (Enforcement) (Wales) Regulations 2014”.
Commencement Information
I7Sch. 2 para. 6 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008E+W
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 2 para. 7 omitted (1.10.2018) by virtue of The Transmissible Spongiform Encephalopathies (Wales) Regulations 2018 (S.I. 2018/968), regs. 1(3), 23(2)(c)
The Animal Gatherings (Wales) Order 2010E+W
8. For article 8(2) of the Animal Gatherings (Wales) Order 2010(7), insert “This article does not apply to any material required to be disposed of under Regulation (EC) No. 1069/2009 of the European Parliament and of the Council”.
Commencement Information
I8Sch. 2 para. 8 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
The Environmental Permitting (England and Wales) Regulations 2010E+W
9.—(1) The Environmental Permitting (England and Wales) Regulations 2010(8) are amended as follows.
(2) In regulation 2(1)—
(a)omit the definition “the Animal By-Products Regulations”; and
(b)after the definition of “regulated facility” insert—
““Regulation (EC) No. 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);”.
(3) In Section 6.8 of Chapter 6 of Schedule 1, omit paragraph 1(g) and (i).
Commencement Information
I9Sch. 2 para. 9 in force at 28.3.2014 immediately after the coming into force of the other regulations and schedule, see reg. 1(3)
(1)
S.I. 2006/179 (W. 30), to which there are amendments not relevant to these Regulations.
(2)
S.I. 2006/180 (W. 31), to which there are amendments not relevant to these Regulations.
(3)
S.I. 2006/3309.(W. 299), to which there are amendments not relevant to these Regulations.
(4)
S.I. 2006/3310 (W. 300), to which there are amendments not relevant to these Regulations.
(5)
S.I. 2007/842 (W. 74), to which there are amendments not relevant to these Regulations.
(6)
S.I. 2007/3544, amended by S.I. 2009/ 2981; there are other amending instruments but none is relevant.
(8)
S.I. 2010/675 amended by S.I. 2010/2172, 2011/988 and 2013/390; there are other amending instruments but none is relevant.
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