Title, commencement, interpretation and application
1.—(1) These Regulations may be cited as the Products of Animal Origin (Import and Export) Regulations 1992 and shall come into force on 1st January 1993.
(2) In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market() and Council Directive 90/675/EEC laying down the principles governing the organisa tion of veterinary checks on products entering the Community from third countries() both as read in accordance with Schedule 1;
“aquaculture product” means a product controlled by Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture products and animals()
“border inspection post” means a place specified in Schedule 2;
“customs warehouse” has the same meaning as in Council Regulation 2503/88/EEC on customs warehouses();
“Divisional Veterinary Officer” means a veterinary surgeon appointed by the Minister to be responsible for an animal health division;
“establishment” means any undertaking which produces, stores or processes products of animal origin;
“fishery products” has the same meaning as in Council Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products()
“free zone” and “free warehouse” have the same meaning as in Article 1.4.a and 1.4.b of Council Regulation 2504/88/EEC on free zones and free warehouses()
“health conditions” includes conditions relating to both animal health and public health;
“import” means import into Great Britain;
“live bivalve molluscs” has the same meaning as in Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs()
“local authority” means—
(a)
in relation to England and Wales—
(i)
where there is a Port Health Authority, that authority;
(ii)
where there is not a Port Health Authority, as respects each London borough, or district, the council of that borough or district;
(iii)
as respects the City of London, the Common Council;
(b)
in relation to Scotland—
(i)
where there is a port local authority (including a joint port local authority) constituted under section 172 of the Public Health (Scot land) Act 1897() that authority;
(ii)
where there is not a port local authority, the islands or district council;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“official veterinary surgeon”, except in Regulation 7, means a person designated under Regulation 2 of these Regulations;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“product of animal origin” in relation to intra-Community trade means—
(a)
a product controlled by one of the directives in Annex A to Council Directive 89/662/EEC (except for aquaculture products not intended for human consumption), or
(b)
a product in Annex B to Council Directive 89/662/EEC;
and in relation to third country trade means those products as well as—
(d)
semen, embryos, ova and hatching eggs referred to in Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market() as read in accordance with Schedule 1,
(f)
any product controlled by Directive 90/667/EEC laying down the veteri nary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin()
(3) For the purposes of these Regulations, goods are in customs temporary storage arrangements if they have been presented to Customs under Article 14 of Council Regulation 4151/88/EEC laying down the provisions applicable to goods brought the customs territory of the Community() and not assigned a customs-approved treatment or use in accordance with Article 14 of that Regulation.
(4) Any reference in these Regulations to a directive is a reference to that directive as amended.
(5) All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
(6) Unless the context otherwise requires, any reference in these Regulations to a Schedule is a reference to a Schedule of these Regulations.
(7) These Regulations (other than Regulation 22) shall not apply in the circumstances described in Article 14 of Council Directive 90/675/EEC.
(8) These Regulations do not apply to Northern Ireland.