The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002 (revoked)

Welsh Statutory Instruments

2002 No. 1387 (W.136)

AGRICULTURE, WALES

The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002

Made

17th May 2002

Coming into force

22nd May 2002

The National Assembly for Wales, being designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Marginal Citations

M1 S.I. 1999/2788.

M2 1972 c. 68.

PART I E+W INTRODUCTION

Title, commencement and application E+W

1.—(1) These Regulations are called the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002, and come into force on 22nd May 2002.

(2) These Regulations apply to Wales.

Interpretation E+W

2.—(1) In these Regulations, unless the context otherwise requires—

• “the Agency” means the Food Standards Agency;

• “the Animal By-Products Order” means the Animal By-Products Order 1999 M3 ;

• “Article 9 product” means a product from a third country which is first introduced into the relevant territories at one border inspection post but is intended for import via another, as described (in relation to consignments) in Article 9(1) of Directive 97/78/EC, whether or not the product is transhipped or unloaded at the first border inspection post;

• “authorised officer” means a person who is authorised by the National Assembly, a local authority or the Agency, either generally or specially, to act in matters arising under these Regulations, whether or not an officer of that authorising body;

• “border inspection post” means—

  (a)

  premises designated and approved for the time being in accordance with Article 6(2) or 6(4) of Directive 97/78/EC as an inspection post for the carrying out of veterinary checks on products arriving from third countries at the border of a member State;

  (b)

  a border inspection post in the Republic of Iceland or the Kingdom of Norway which is included in the list contained in point 39 in Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M4 , as amended by any decision of the EFTA Surveillance Authority fixing the border inspection posts for the EFTA States which is adopted before the date on which these Regulations are made; and

  (c)

  an inspection post for the carrying out by or on behalf of the authorities of the Principality of Andorra or of the Faroe Islands of veterinary checks on products arriving there from third countries;

• “border inspection post of destination” means the border inspection post via which an Article 9 product is intended for import;

• “border inspection post of introduction” means the border inspection post at which an Article 9 product is first introduced into the relevant territories;

• “carrier who has charge for the time being” of a product, consignment or part of a consignment includes the driver of any vehicle, the pilot of any aircraft and the master of any vessel (but not the driver of any train) transporting the same;

• “certificate of veterinary clearance” means a certificate issued by an official veterinary surgeon or an official fish inspector in the form set out as Sheet 2 in Schedule 1;

• “the Commissioners” means the Commissioners of Customs and Excise;

• “Community establishment of origin” means the premises located in a member State at which a returned product attained the form in which it was originally exported from the relevant territories;

• “consignment” means a quantity of products of the same type covered by the same veterinary certificate or veterinary document, or other document provided for by veterinary legislation, conveyed by the same means of transport and coming from the same third country or part of a third country;

• “corporate officer” means a director, manager, secretary or other similar officer of a body corporate, or a person who purports to act in any such capacity;

• “the Customs Code” means Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code M5 ;

• “the customs territory of the Community” has the same meaning as in Article 3 of the Customs Code;

• “customs warehouse” means a warehouse which fulfils the conditions of Articles 98 to 113 of the Customs Code, in which goods are stored subject to the customs warehousing procedure referred to in those Articles;

• “Decision 93/13/EEC” means Commission Decision 93/13/EEC laying down the procedures for veterinary checks at Community border inspection posts on products from third countries M6 ;

• “destination establishment”, in relation to a product, means the establishment identified in the “Country of destination” entry on the notice of the product’s introduction or presentation given pursuant to regulation 17;

• “Directive 92/118/EEC” means Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC M7 ;

• “Directive 97/78/EC” means Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries M8 ;

• “documentary check” means the examination of the veterinary certificates or veterinary documents or other documents accompanying a consignment, carried out in accordance with Article 4(3) of Directive 97/78/EC and Annex A to Decision 93/13/EEC;

• “fishery products” means all seawater and freshwater animals, whether or not live, including—

  (a)

  aquaculture animals and aquaculture products as defined in Article 2 of Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products M9 ,

  (b)

  bivalve molluscs as defined in Article 2(1) of Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs M10 ,

  (c)

  echinoderms, tunicates and marine gastropods, and

  (d)

  fishery products and aquaculture products as defined in Article 2 of Council Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products M11 ;

  but excludes aquatic mammals, reptiles and frogs and parts thereof;

• “free circulation” has the same meaning as in Articles 23(2) and 24 of the Treaty establishing the European Community;

• “free warehouse” and “free zone” have the same meanings as in Title IV, Chapter 3, Section 1 of the Customs Code;

• “hay” means any grass, clover, lucerne or sainfoin which has been dried either naturally or artificially, and includes any product which is obtained by so drying any grass, clover, lucerne or sainfoin;

• “identity check” means a check by visual inspection to ensure that the veterinary certificates or veterinary documents or other documents accompanying a consignment tally with the products comprised in the consignment, carried out in accordance with Article 4(4)(a) of Directive 97/78/EC and Annex A to Decision 93/13/EEC;

• “import”, as a noun, means release for free circulation within the meaning of Article 79 of the Customs Code;

• “import conditions” in relation to a product, means the conditions laid down for the import of that product in any directive, decision or regulation listed in Schedule 2, including—

  (a)

  conditions as to the country or establishment of origin of the product;

  (b)

  specific requirements laid down for the import of that product into a particular member State or a particular area of a member State, and

  (c)

  conditions laid down for the import of that product for specific purposes;

• “intermediate storage warehouse” means cold storage facilities approved for intermediate storage of products as referred to in Chapter 10 of Annex I to Directive 92/118/EEC;

• “introduce” means bring into; and a person introduces a product into a territory, or into land, if—

  (a)

  that person brings it into that territory or land as its owner;

  (b)

  that person brings it into that territory or land as a carrier; or

  (c)

  a carrier brings it into that territory or land on that person’s instructions;

  but a product on board means of transport operating internationally and intended for consumption by the crew or passengers of that means of transport is not introduced into a territory or into land if it is not unloaded, or if it is transferred directly from one means of transport operating internationally to another at the same port or airport and under supervision, within the meaning of Article 4(13) of the Customs Code, by the Commissioners;

• “local authority” means—

  (a)

  in relation to an area for which there is a port health authority, that port health authority;

  (b)

  in relation to an area for which there is no port health authority the council of the county or county borough as the case may be;

• “National Assembly” means the National Assembly for Wales;

• “non-conforming product” means a product which does not comply with the import conditions;

• “official fish inspector” means an environmental health officer appointed as an official fish inspector by a local authority pursuant to regulation 6(2)(b);

• “official veterinary surgeon” means a veterinary surgeon who has participated in a special training programme referred to in Article 27 of Directive 97/78/EC and who is appointed by the National Assembly pursuant to regulation 6(1)(a) or by a local authority pursuant to regulation 6(2)(a);

• “operator” means—

  (a)

  in relation to a border inspection post, the person who provides premises and other facilities for the carrying out of veterinary checks at that border inspection post; and

  (b)

  in relation to a Community establishment of origin, an intermediate storage warehouse or a destination establishment, the person who occupies the same for the purposes of his or her business;

• “owner”, in relation to a product, consignment or part of a consignment, means the person in whom the property in the product or consignment is for the time being vested;

• “person appearing to have charge” of a product, consignment or part of a consignment means any person, including a carrier, who appears to have possession, custody or control thereof;

• “person responsible for” a product, consignment, or part of a consignment means—

  (a)

  until the product, consignment or part first arrives at a border inspection post in Wales or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, until it arrives at a border inspection post of destination in Wales—

  (i)

  the person referred to in Article 38(1) of the Customs Code who brings the product, consignment or part into the customs territory of the Community;

  (ii)

  a person referred to in Article 38(2) of the Customs Code who assumes responsibility for the carriage of the product, consignment or part after it has been brought into the customs territory of the Community; and

  (iii)

  a person referred to in Article 44(2)(b) of the Customs Code, in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted;

  (b)

  from the time the product, consignment or part first arrives at a border inspection post in Wales, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, from the time it arrives at a border inspection post of destination in Wales, until it leaves that first border inspection post, or that border inspection post of destination, as the case may be—

  (i)

  the person referred to in Article 44(2)(b) of the Customs Code in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted; or

  (ii)

  of the product, consignment or part is in temporary storage, as referred to in Article 50 of the Customs Code, the person referred to in Article 51(2) of the Customs Code who holds it in temporary storage; or

  (iii)

  if the person referred to in sub-paragraph (b)(i) or (ii), as the case may be, has appointed a representative in his dealings with the customs authorities, within the meaning of Article 5 of the Customs Code, who is given or assumes responsibility for ensuring that the product, consignment or part undergoes veterinary checks, that representative; and

  (c)

  after the product, consignment or part leaves that first border inspection post, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, after it leaves the border inspection post of destination—

  (i)

  the person who made a customs declaration, within the meaning of Article 64 of the Customs Code, covering the product, consignment or part; or

  (ii)

  if no such customs declaration has yet been made, the person capable of making it;

• “physical check” means a check on the product itself (which may include checks on packaging and temperature and also sampling and laboratory testing) carried out in accordance with Article 4(4)(b) of, and Annex III to, Directive 97/78/EC and Annex C to Decision 93/13/EEC;

• “premises” includes any construction, installation, container or means of transport;

• “product” means—

  (a)

  any product of animal origin covered by the directives listed in Schedule 3;

  (b)

  hay; and

  (c)

  straw;

• “the regulatory functions” means the functions assigned by these Regulations to authorised officers, official veterinary surgeons, official fish inspectors and assistants appointed pursuant to regulation 6;

• “relevant document” means any required document and any other veterinary, commercial or other certificate or document relating to a product, including the manifest of any sea-going vessel or aircraft;

• “the relevant territories” means an area comprising the territories of the member States, as listed in Annex I to Directive 97/78/EC, the territory of the Republic of Iceland, the territory of the Kingdom of Norway (except Svalbard), the Principality of Andorra and the Faroe Islands;

• “required document” means any original veterinary certificate, original veterinary document or other original document required in relation to a product by virtue of any directive, decision or regulation listed in Schedule 2;

• “returned product” means a product originally exported from the customs territory of the Community which is returned there because it has been refused by a third country;

• “ships’ store” means closed premises referred to in Article 13(1)(c), or a specially approved warehouse referred to in Article 13(2)(a), of Directive 97/78/EC;

• “straw” means any green cereal which has been dried either naturally or artificially and includes any product (other than grain) which is obtained by drying any green cereal;

• “third country” means a country not comprised in the relevant territories;

• “transhipped product” means an Article 9 product which is transhipped or unloaded in the way described (in relation to consignments) in Article 9(1) of Directive 97/78/EC at its border post of introduction;

• “transit” means transit from one third country to another, passing through one or more member States, under the external transit procedure referred to in Articles 91 to 97 of the Customs Code;

• “transit product” means a product originating in a third country which, according to the information forwarded in advance referred to in Article 3(3) of Directive 97/78/EC, will undergo transit;

• “veterinary check” means any check provided for in Directive 97/78/EC including a documentary check, an identity check and a physical check.

(2) Products introduced into Wales from the Republic of Iceland, other than fishery products, are regarded as introduced from a third country.

(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(4) Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) or a numbered Part is a reference to the regulation or Part so numbered in these Regulations and any reference to a numbered Schedule is a reference to the Schedule to these Regulations so numbered.

Marginal Citations

M3 S.I. 1999/646, amended by S.I. 2001/1735 (W.122).

M4 OJ No. L1, 3. 1.94, p.3.

M5 OJ No. L302, 19.10.92, p.1, as last amended by Regulation (EC) No. 2700/2000 of the European Parliament and of the Council (OJ No. L311, 12.3.2000, p.17).

M6 OJ No. L9, 15.1.93, p.33, as last amended by Commission Decision 96/32/EC (OJ No. L9, 12.1.1996, p.9).

M7 OJ No. L62, 15.3.93, p.49, as last amended by Commission Decision 2001/7/EC (OJ No. L2, 5.1.2001, p.27).

M8 OJ No. L24, 30.1.98, p.9.

M9 OJ No. L46, 19.2.91, p.1, as last amended by Council Directive 98/45/EC (OJ No. L189, 3.7.98, p.12).

M10 OJ No. L268, 24.9.91, p.1, as last amended by Council Directive 97/79/EC (OJ No. L24, 30.1.98, p.31).

M11 OJ No. L268, 24.9.91, p.15, as last amendment by Council Directive 97/79/EC, (OJ No. L24, 30.1.98, p.31).

[F1 Exemptions E+W

3.   These Regulations do not apply to products introduced into Wales from a third country with the previous written authorisation of the National Assembly as trade samples, for exhibition or for particular studies or analyses.

Textual Amendments

F1 Regs. 3, 3A substituted for reg. 3 (1.1.2003) by The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002 (S.I. 2002/3230), regs. 1, 2(2)

Other exemptions E+W

3A.— (1) Part III, with the exception of regulations 15, 21 and 25, and parts IV to IX do not apply in the circumstances set out in this regulation.

(2) Meat, meat products, milk and milk products from Greenland, the Faroe Islands, the Republic of Iceland, the Principality of Andorra, San Marino, Liechtenstein, Switzerland, Estonia, Lithuania, Latvia, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Malta and the Republic of Cyprus may be introduced into Wales in the personal luggage of a traveller which are intended for his or her personal consumption, taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual.

(3) Powdered infant milk, infant food, and special foods required for medical reasons containing meat, meat products, milk, or milk products may be introduced into Wales from a third country not specified in paragraph (2) if they—

(a) are carried in the personal luggage of a traveller and are intended for his or her personal use or consumption, taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;

(b) do not require refrigeration before opening;

(c) are packaged proprietary brand products for direct sale to the final consumer; and

(d) are contained in unbroken packaging.

(4) Products which are not covered by paragraph (2) and (3) may be introduced into Wales if they are in the personal luggage of a traveller and intended for his personal consumption or if they are sent by post or carrier and addressed to a private individual in Wales otherwise than by way of trade or as a trade sample and if—

(a) they are not meat, meat products, milk or milk products;

(b) their total weight does not exceed one kilogram; and

(c) they either come from a third country or part of a third country which satisfies the conditions laid down in paragraph (5) or have undergone heat treatment in a hermetically sealed container to an F₀ value of 3.00 or more.

(5) The conditions referred to in paragraph (4)(c) are that the third country or part of a third country—

(a) appears on a list of third countries or parts of third countries from which Member States shall authorise the importation of the product or products concerned, established by a Community instrument in force on 1st January 2003; and

(b) is not one from which importation of the product or products concerned is prohibited by any Community instrument in force on that date.

(6) In this regulation “meat”, “meat products”, “milk” and “milk products” mean products of those types covered by the Directives listed in Schedule 3 and “meat” includes meat preparations.]

Textual Amendments

F1 Regs. 3, 3A substituted for reg. 3 (1.1.2003) by The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002 (S.I. 2002/3230), regs. 1, 2(2)

PART II E+W ENFORCEMENT

Enforcement authorities E+W

4.  These Regulations shall be executed and enforced—

(a) by the National Assembly at a border inspection post designated and approved for veterinary checks only on products referred to in Annex I of Directive 92/118/EEC which are not intended for human consumption;

(b) by the Agency at—

(i) premises required to be licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 M12 , the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 M13 or the Wild Game Meat (Hygiene and Inspection) Regulations 1995 M14 ; and

(ii) combined premises as defined in the Meat Products (Hygiene) Regulations 1994 M15 , or the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 M16 ; and

(c) by each local authority within its area, including any border inspection post therein, except at a border inspection post referred to in sub-paragraph (a) and at premises referred to in sub-paragraph (b).

Marginal Citations

M12 S.I. 1995/539, amended by S.I. 1995/731, 1763, 3189, 1996/1148, 2235, 1997/2074, 2000/656, 2257(W.150), 2001/1508 (W.105) and 2002/129 (W.17).

M13 S.I. 1995/540, amended by S.I. 1995/1763, 2200, 1997/1729, 2000/656, 2257 (W.150) and 2002/47 (W.6).

M14 S.I. 1995/2148, as amended by S.I. 2000/656.

M15 S.I. 1994/3082, amended by S.I. 1999/683 and 2000/1885 (W.131).

M16 S.I. 1995/3205.

Enforcement by an authorised officer or the Agency in place of local authority E+W

5.—(1) If the National Assembly considers that a local authority is failing or has failed to execute or enforce these Regulations generally, or in any class of cases, or in an individual case, it may empower an authorised officer or the Agency to execute or enforce them in place of that local authority.

(2) The National Assembly or the Agency may recover from the local authority concerned any expenses reasonably incurred by it under paragraph (1).

Appointment of official veterinary surgeons and official fish inspectors E+W

6.—(1) The National Assembly shall appoint—

(a) an official veterinary surgeon to carry out the regulatory functions at any border inspection post designated and approved for veterinary checks only on products referred to in Annex I of Directive 92/118/EEC which are not intended for human consumption; and

(b) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (a) as may be necessary for the proper and expeditious performance of the regulatory functions.

(2) A local authority shall appoint—

(a) an official veterinary surgeon to carry out the regulatory functions at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a);

(b) an official fish inspector to carry out the regulatory functions in relation to fishery products at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a); and

(c) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (2)(a), and each official fish inspector appointed pursuant to sub-paragraph (2)(b), as may be necessary for the proper and expeditious performance of the regulatory functions.

Exercise of enforcement powers E+W

7.—(1) An official veterinary surgeon, an official fish inspector or an authorised officer may, at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers conferred by regulations 8 and 9 for the purpose of—

(a) executing or enforcing these Regulations;

(b) executing or enforcing any declaration made by the National Assembly or the Agency pursuant to regulation 54;

(c) ascertaining whether these Regulations are being or have been complied with; or

(d) verifying the identity, origin or destination of any product.

(2) In the case of an official veterinary surgeon, an official fish inspector or an authorised officer appointed or authorised by a local authority, the powers conferred by regulations 8 and 9 shall be exercised—

(a) within the area of that local authority, and

(b) outside the area of that local authority for the purpose of ascertaining whether these Regulations are being or have been complied with within that area.

Powers of entry and inspection E+W

8.—(1) An official veterinary surgeon, official fish inspector or authorised officer may—

(a) enter any border inspection post or other land or premises (except those used only as a dwelling house) and inspect the same and anything thereon or therein;

(b) open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it;

(c) inspect the contents of any bundle, package, packing case or item of personal luggage opened pursuant to sub-paragraph (b);

(d) inspect any product, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with any product; and

(e) take samples of any product.

(2) Where an official veterinary surgeon, official fish inspector or authorised officer takes a sample of a product otherwise than in the course of a physical check carried out pursuant to regulation 19(1), he or she may serve notice on the person appearing to have charge of the consignment which includes the product, requiring that the consignment or part thereof be stored until that surgeon, inspector or officer serves a further notice that the same may be removed, under the supervision of the official veterinary surgeon, official fish inspector or authorised officer, as the case may be, at such place and under such conditions as he or she may in the notice direct; and the costs of such storage shall be paid by the recipient of the notice or the person responsible for the consignment.

(3) An official veterinary surgeon, official fish inspector or authorised officer entering any land or premises pursuant to sub-paragraph (1)(a) may take with him or her—

(a) other persons acting under his or her instructions;

(b) one or more representatives of the European Commission; and

(c) one or more representatives of the authorities of a third country, appointed and acting in accordance with the provisions of one of the equivalence decisions listed in Schedule 4.

Powers in relation to documents E+W

9.  An official veterinary surgeon, official fish inspector or authorised officer may—

(a) require any person appearing to him or her to have charge of a product, any person responsible for a product and any corporate officer, employee, servant or agent of any such persons, to produce any relevant document in his or her possession or under his or her control relating to the product, and to supply such additional information in his or her possession or under his or her control relating to the product as the official veterinary surgeon, official fish inspector or authorised officer may reasonably request;

(b) examine any relevant document relating to a product and, where it is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been used in connection with that relevant document;

(c) make and retain such copies as he or she may think fit of any relevant document relating to a product; and

(d) seize and retain any relevant document relating to a product which the official veterinary surgeon, official fish inspector or authorised officer has reason to believe may be required as evidence in proceedings under these Regulations, and, where any such relevant document is kept by means of a computer, require it to be produced in a form in which it may be taken away.

Protection of officials acting in good faith E+W

10.—(1) No authorised officer, official veterinary surgeon, official fish inspector, or assistant appointed pursuant to regulation 6 shall be personally liable in respect of any act done in the performance or purported performance of the regulatory functions within the scope of his or her employment, if that act was done in the honest belief that his or her duty under these Regulations required or entitled him or her to do so.

(2) Paragraph (1) shall not relieve the National Assembly, a local authority or the Agency from any liability in respect of acts of its or their officers.

Entry warrants E+W

11.  If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any land or premises by an official veterinary surgeon, official fish inspector or authorised officer pursuant to regulation 8 for any of the purposes specified in regulation 7 and either—

(a) that entry has been refused, or a refusal is reasonably expected, and that the official veterinary surgeon, official fish inspector or authorised officer has given notice of his or her intention to apply for an entry warrant to the occupier; or

(b) that a request for entry, or the giving of such a notice, would defeat the object of entry, or that entry is urgently required, or that the land or premises are unoccupied, or the occupier is temporarily absent, and it would defeat the object of entry to await his or her return,

the justice may sign a warrant valid for one month, to authorise the official veterinary surgeon, official fish inspector or authorised officer to enter the land or premises, if need be by reasonable force.

Local authority returns E+W

12.—(1) For each border inspection post in its area, a local authority shall submit to the National Assembly a return comprising—

(a) the total number of consignments checked, categorised by groups of products and by country of origin;

(b) a list of consignments of which samples were taken and the results of any test or analysis of each sample; and

(c) a list of consignments required to be re-dispatched or destroyed pursuant to regulation 21 by the official veterinary surgeon or official fish inspector, together with, in each case, their country of origin, establishment of origin (if known), a description of the product concerned and the reason for refusal.

(2) The National Assembly shall determine how frequently the returns referred to in paragraph (1) are to be submitted and what period of time they are to cover.

Suspension of border inspection posts E+W

13.—(1) If the National Assembly is satisfied that—

(a) the continued operation of a border inspection post presents a serious risk to public or animal health; or

(b) there has been at a border inspection post a serious breach of the requirements for the approval of border inspection posts laid down in Annex II to Directive 97/78/EC or the Annex to Commission Decision 2001/812/EC laying down requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries M17 ;

it shall serve on the operator of the border inspection post concerned a written notice stating that the approval of the premises as a border inspection post in accordance with Article 6(2) or 6(4) of Directive 97/78/EC is suspended.

(2) Upon service of a notice pursuant to paragraph (1) the premises shall cease to be a border inspection post, notwithstanding that it may still appear on the list of border inspection posts referred to in Article 6(2) or 6(4) of Directive 97/78/EC, until it is again designated and approved in accordance with Article 6(2) or 6(4).

Marginal Citations

M17 OJ No. L306, 23.11.2001, p.28.

Regulatory functions of official fish inspectors E+W

14.  In Parts III to VIII and XII, where a fishery product is concerned, the expression “official veterinary surgeon” shall be construed as indicating an official fish inspector, as defined in regulation 2(1).

PART III E+W PROVISIONS APPLICABLE TO PRODUCTS IN GENERAL

Prohibition of non-conforming products E+W

15.—(1) Without prejudice to regulation 22 of the Dairy Products (Hygiene) Regulations 1995 M18 , no person shall introduce a non-conforming product into Wales from a third country, or a non-conforming product originating in a third country into Wales from elsewhere in the relevant territories unless—

(a) it is a transit product, or

(b) its destination establishment is a warehouse in a free zone, a free warehouse or a customs warehouse approved pursuant to Article 12(4)(b) of Directive 97/78/EC, or a ships’ store complying with Article 13 of Directive 97/78/EC, located (in each case) outside the United Kingdom.

(2) No person shall introduce a product into Wales from a third country from which importation of that product is prohibited by any Community instrument in force on the date on which these Regulations are made.

Marginal Citations

M18 S.I. 1995/1086, amended by S.I. 1996/1699.

Introduction of products at border inspection posts E+W

16.—(1) No person shall introduce a product into Wales from a third country except at a border inspection post designated and approved for veterinary checks on that product.

(2) Where the border inspection post of introduction of an Article 9 product is outside the United Kingdom, and its border inspection post of destination is in Wales, no person shall introduce it into Wales except at a border inspection post designated and approved for veterinary checks on that product.

Advance notice of introduction or presentation E+W

17.—(1) No person shall—

(a) introduce a product into Wales from a third country, or

(b) introduce into Wales an Article 9 product whose border inspection post of destination is in Wales,

unless notice of its introduction has been given pursuant to this regulation to the official veterinary surgeon at a border inspection post designated and approved for veterinary checks on that product and a copy of it has been sent to the office of the Commissioners responsible for the area in which that border inspection post is situated.

(2) Where the border inspection post of introduction and the border inspection post of destination of an Article 9 product are both in Wales, no person shall present the product to a border inspection post unless notice of its presentation has been given pursuant to this regulation to the official veterinary surgeon at a border inspection post of destination designated and approved for veterinary checks on that product and a copy of it has been sent to the office of the Commissioners responsible for the area in which that border inspection post is situated.

(3) The notice referred to in paragraph (1) and (2)—

(a) shall be in the form set out as Sheet 1 in Schedule 1 or shall consist of a detailed description of the product in writing or in computerised or other electronic form, containing at least the particulars appearing on that form;

(b) shall be in English or Welsh and also in an official language of the country of destination in the relevant territories referred to in the notice, if other than the United Kingdom;

(c) shall arrive at the border inspection post—

(i) at least six working hours, in the case of a product introduced by air, and

(ii) at least one working day, in any other case,

before the product is presented to the official veterinary surgeon at the border inspection post pursuant to regulation 18.

(d) in the case of a notice given to a border inspection post of destination, shall specify what checks have been carried out at the border inspection post of introduction.

(4) In paragraph (3) “working hours” means hours during which, and “working day” means a day on which, the border inspection post is open for the presentation of products to the official veterinary surgeon pursuant to regulation 18.

Presentation of products at border inspection posts E+W

18.—(1) Any person responsible for a product which is introduced into Wales from a third country, or for an Article 9 product whose border inspection post of destination is in Wales, which is introduced into Wales, shall present the product and the required documents, or ensure that the same are presented, without delay to the official veterinary surgeon at the inspection facility of the border inspection post to which notice of the product’s introduction or presentation was given pursuant to regulation 17.

(2) Where the border inspection post of introduction of an Article 9 product is in the United Kingdom and its border inspection post of destination is in Wales, the person responsible for the product after its removal from the border inspection post of introduction, and any carrier who has or takes charge of it, shall present the product and the required documents, or ensure that the same are presented, without delay to the official veterinary surgeon at the inspection facility of the border inspection post of destination to which notice of the product’s presentation was given pursuant to regulation 17.

(3) A person who presents a product, other than a transit product or a product to which Part VII applies pursuant to paragraph (1) or (2), shall present the required documents relating thereto drawn up in English or Welsh.

(4) A person who presents pursuant to paragraph (1) or (2) a transit product or a product to which Part VII applies accompanied by a required document in a language other than English or Welsh, shall present at the same time a translation of the required document into English or Welsh, authenticated as accurate by an appropriately qualified expert.

Veterinary checks E+W

19.—(1) Subject, in the case of transhipped products, to regulation 34, any person required by virtue of regulation 18 to present a product and its required documents, or to ensure that the same are presented, to an official veterinary surgeon shall permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out on the product or the required documents, as the case may be—

(a) a documentary check,

(b) an identity check, and

(c) subject to regulations 37, 42 and 46, a physical check,

and shall render the official veterinary surgeon or assistant such assistance as he or she may reasonably request to enable him or her to carry out any of the said checks.

(2) When a sample of a product is taken in the course of a physical check, no person shall remove the product or cause it to be removed from the border inspection post at which it was presented until the official veterinary surgeon has authorised its removal by issuing a certificate of veterinary clearance for the product or for the consignment or part consignment which includes the product.

(3) Pending removal pursuant to paragraph (2) the owner of the consignment which includes the product shall store it under the supervision of the official veterinary surgeon at such place and under such conditions as the official veterinary surgeon may direct and shall pay the costs of such storage.

Certificate of veterinary clearance to accompany consignment E+W

20.—(1) The person responsible for a consignment or part of a consignment in respect of which a certificate of veterinary clearance has been issued, and any carrier who has charge of it for the time being, shall ensure that the certificate of veterinary clearance accompanies the consignment or part—

(a) in the case of a consignment or part intended for import, and subject to regulation 33(3), until the consignment or part first reaches, after import, premises where products are stored, processed, handled, bought or sold, and

(b) in all other cases until the consignment or part is no longer subject to supervision by the customs authorities, within the meaning of Article 4(13) of the Customs Code.

(2) The person who occupies for the purposes of his or her business the premises referred to in sub-paragraph (1)(a) shall take possession of the certificate of veterinary clearance referred to in paragraph (1) and retain the same at the premises for a period of one year commencing with the day following its arrival there.

Products which fail veterinary checks E+W

21.—(1) This regulation applies, subject to regulation 22—

(a) where, following a veterinary check at a border inspection post, the official veterinary surgeon there decides that a product (other than a transit product which fulfils the requirements of Part VI or a product whose destination establishment is referred to in regulation 15(1)(b)) is a non-conforming product, or that there is some other irregularity in relation to the product; and

(b) where, following a veterinary check on a product located away from a border inspection post (other than a transit product which fulfils the requirements of Part VI or a product whose destination establishment is referred to in regulation 15(1)(b)), an authorised officer decides that the product is a non-conforming product.

(2) If sub-paragraph 1(a) applies, the official veterinary surgeon shall serve a notice on the person responsible for the product, and if sub-paragraph 1(b) applies, the authorised officer shall serve a notice on the person appearing to him or her to have charge of the product, requiring that person either—

(a) to re-dispatch the product from the border inspection post, or, if sub-paragraph 1(b) applies, from a border inspection post indicated in the notice, by the mode of transport by which it was introduced into Wales, to a destination, agreed with the official veterinary surgeon or the authorised officer, located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) to destroy the product without undue delay by rendering or incineration in accordance with the Animal By-Products Order in the facilities provided for that purpose nearest to the border inspection post or, if sub-paragraph (1)(b) applies, nearest to the location of the product.

(3) The product must be destroyed in accordance with sub-paragraph (2)(b) where—

(a) its re-dispatch is precluded on animal or public health grounds by the results of a veterinary check, or by any animal or public health requirement laid down in a Community instrument in force on the date on which these Regulations are made, or is otherwise impossible; or

(b) the sixty-day period referred to in sub-paragraph (2)(a) has elapsed; or

(c) the person responsible for the product or, if sub-paragraph (1)(b) applies, the owner of the product, agrees immediately to its destruction.

(4) The person responsible for, or, if sub-paragraph (1)(b) applies, the owner of, a product in respect of which a notice has been served pursuant to paragraph (2) shall ensure that it is stored until re-dispatch or destruction under the supervision of the official veterinary surgeon or the authorised officer at such place and under such conditions as may in the notice be directed.

(5) In paragraph (1)(a) “other irregularity” in relation to a product means—

(a) its introduction into Wales from a third country, or its presentation to a border inspection post of destination in Wales, without notice given pursuant to regulation 17;

(b) any false or misleading information contained in a notice given pursuant to regulation 17;

(c) any false or misleading information given pursuant to regulation 41 or 45;

(d) any error, omission or false or misleading information in a required document, and any discrepancy between a required document and—

(i) the notice of the product’s introduction or presentation given pursuant to regulation 17, or

(ii) the product itself, or

(iii) the seals, stamps, marks or labels on the product, on the consignment which includes the product or on the container holding the product or the consignment;

(e) any defect in the product rendering it unfit for the purpose for which, according to the required documents, it is intended;

(f) any defect in the seals, stamps, marks or labels referred to in sub-paragraph (5)(d)(iii), including, in the case of a packaged product, any contravention of the labelling requirements laid down for that product in any directive, decision or regulation listed in Schedule 2;

(g) in the case of a product intended for import, any indication in the required documents that the product does not comply with the import conditions; and

(h) in the case of a non-conforming product which is a transit product, or a product whose destination establishment is referred to in regulation 15(1)(b) any contravention of the requirements laid down for that non-conforming product in any directive, decision or regulation listed in Schedule 2.

(6) Any person who is aggrieved by a decision referred to in sub-paragraph (1)(a) or (b) may appeal within one month of the decision to a magistrates’ court by way of complaint for an order and the Magistrates’ Courts Act 1980 M19 shall apply to the proceedings.

(7) Pending the determination of an appeal pursuant to paragraph (6), paragraph (4) shall apply to the storage of the product concerned.

Marginal Citations

M19 1980 c. 43.

Treatment as animal by-products E+W

22.  Paragraphs (2), (3) and (4) of regulation 21 shall not apply where—

(a) in the opinion of the official veterinary surgeon or the authorised officer the product concerned presents no risk to animal or public health, and

(b) the official veterinary surgeon or the authorised officer has authorised that the product be consigned for one of the uses specified in Article 5(1)(d), (e), (f) or (g) of the Animal By-Products Order.

Products containing unauthorised substances and excess residues E+W

23.—(1) In this regulation—

(a) “ maximum residue limit” means a maximum residue limit listed in Annex I or Annex III to Council Regulation (EEC) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin M20 ;

(b) “unauthorised substance” has the same meaning as “unauthorised substance or product” in Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC M21 .

(2) This regulation applies where a veterinary check on a consignment from a particular establishment of origin in a third country reveals the presence of an unauthorised substance, or reveals that a maximum residue limit has been exceeded, but no Community measures have yet been adopted in response to this.

(3) In the circumstances described in paragraph (2), paragraphs (4), (5), (6) and (7) shall apply to those of the next ten consignments introduced into the United Kingdom from that establishment which are introduced into Wales.

(4) The official veterinary surgeon at the border inspection post at which any such consignment is introduced shall, by notice served on the person responsible for the consignment, take charge of it and check the residues in the consignment by taking and analysing a representative sample of the products comprised in it.

(5) Upon service of a notice under paragraph (3), the person responsible for the consignment shall lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges payable in accordance with Part IX for veterinary checks carried out on the consignment, including the taking of samples, and any laboratory test or analysis carried out on any sample taken.

(6) If any veterinary check carried out on the consignment reveals the presence of unauthorised substances or their residues or reveals that a maximum residue limit has been exceeded, the official veterinary surgeon shall—

(a) endorse on the required documents relating to the consignment a clear indication of the reasons for rejecting it; and

(b) re-dispatch the consignment, or such part of it as the official veterinary surgeon considers affected by the presence of unauthorised substances or their residues or by excess residues, accompanied by the required documents, to its third country of origin.

(7) The cost of re-dispatching and transporting the consignment or part to its third country of origin shall be paid by the consignor whose name appears on the notice of the consignment’s introduction given pursuant to regulation 17.

Marginal Citations

M20 OJ No. L224, 18.8.90, p.1, as last amended by Commission Regulation (EC) No. 77/2002, (OJ No. L16, 18.1.02, p.9).

M21 OJ No. L125, 23.5.96, p.10.

Consignments and products illegally introduced E+W

24.—(1) This regulation applies—

(a) where a consignment or product is introduced into Wales from a third country but is not presented pursuant to regulation 18;

(b) where a consignment or product originating in a third country has been introduced into Wales from elsewhere in the relevant territories, but has not been presented at a border inspection post there;

(c) where the border inspection post of destination of a consignment of transhipped products is in Wales but the consignment is not presented there in accordance with regulation 18(1); and

(d) where a consignment introduced into Wales is presented to the official veterinary surgeon at a border inspection post not designated and approved for veterinary checks on the products comprised therein.

(2) In the circumstances described in sub-paragraphs (1)(a), (b) and (c) an authorised officer shall, by notice served on the person appearing to the officer to have charge of it, and, in the circumstances described in sub-paragraph (1)(d), the official veterinary surgeon shall, by notice served on the person responsible for it, take charge of the consignment or product and either—

(a) re-dispatch it, by the mode of transport by which it was first introduced into the relevant territories, to a destination, agreed with the owner, in the circumstances described in sub-paragraphs (1)(a), (b) and (c) or with the person responsible for the consignment, in the circumstances described in sub-paragraph 1(d), located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) destroy it without undue delay in accordance with the Animal By-Products Order by rendering or incineration in the facilities provided for that purpose nearest to the place at which the authorised officer or official veterinary surgeon takes charge of it.

Products dangerous to animal or public health E+W

25.  If an official veterinary surgeon or an authorised officer considers that a consignment or product from a third country presents a risk to animal or public health he or she shall, by notice served on the person appearing to him or her to have charge of it, take charge of it and destroy it without delay in accordance with regulation 24(2)(b).

Serious or repeated infringements E+W

26.—(1) Where the National Assembly or the Agency reasonably concludes, on the basis of the results of veterinary checks, that products from a particular third country, part of a third country or establishment in a third country are implicated in serious or repeated infringements of any requirement laid down in a Community instrument relating to animal or public health, paragraphs (2), (3) and (4) shall apply to those of the next ten consignments introduced into the United Kingdom from that third country, part of a third country or establishment, as the case may be, which are introduced into Wales.

(2) The official veterinary surgeon at the border inspection post at which any such consignment is introduced shall, by notice served on the person responsible for the consignment, take charge of it and carry out a physical check on it, including the taking of samples and laboratory tests and analyses.

(3) Upon service of a notice under paragraph (2) the person responsible for the consignment shall lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges payable in accordance with Part IX for veterinary checks carried out on the consignment, including the taking of samples, and any laboratory test or analysis carried out on any sample taken.

(4) If any veterinary check carried out on the consignment reveals an infringement of any requirement laid down in a Community instrument relating to animal or public health, the official veterinary surgeon shall either re-dispatch or destroy the consignment in accordance with regulation 24(2).

Invalidation of veterinary documents E+W

27.  Where an official veterinary surgeon or an authorised officer serves a notice requiring re-dispatch of a product pursuant to regulation 21(2)(a), or takes charge of a consignment pursuant to regulation 24(2), any person who has possession or control of the required documents relating to that product or consignment shall immediately submit them to the official veterinary surgeon or authorised officer, as the case may be, for invalidation.

Costs in respect of products re-dispatched or disposed of E+W

28.—(1) The person responsible for the product or consignment concerned or, where a notice has been served on the person appearing to have charge of the product or consignment, the owner of the product or consignment, shall pay on demand the costs of storing, transporting, re-dispatching, disposing of and destroying any product or consignment re-dispatched or destroyed pursuant to regulation 21, 24, 25 or 26, as the case may be.

(2) Any cost referred to in paragraph (1) which is paid by an official veterinary surgeon, an authorised officer, the National Assembly, a local authority or the Agency shall be reimbursed on demand by, as the case may be, the person responsible for, or the owner of the product or consignment.

PART IV E+W ON-BOARD CATERING SUPPLIES

Disposal of unused catering supplies E+W

29.—(1) Part III shall not apply to products on board means of transport operating internationally and intended for consumption by the crew or passengers of that means of transport which are introduced into Wales.

(2) Any person who introduces into Wales a product referred to in paragraph (1) or catering waste derived from such a product shall dispose of it, or ensure that it is disposed of, without delay in accordance with the Animal By-Products Order, by a method specified in Article 5(1)(a), (b) or (c) of that Order.

PART V E+W PRODUCTS INTENDED FOR IMPORT

Retention of documents at border inspection posts E+W

30.  Where a documentary check has been carried out at a border inspection post on a product intended (whether directly or ultimately) for import, the person who presented the required documents relating to that product pursuant to regulation 18(1) shall surrender the same to the official veterinary surgeon at that border inspection post.

Evidence of certification of, and payment for, veterinary checks E+W

31.  Where a certificate of veterinary clearance has been issued certifying that a consignment is fit for import, the person responsible for the consignment shall supply the Commissioners with evidence satisfactory to them that—

(a) the certificate has been issued; and

(b) all charges payable in accordance with Part IX for veterinary checks carried out on the consignment, including sampling, and for any test or analysis carried out on any samples taken, have been paid, or payment thereof has been assured by a deposit or guarantee satisfactory to the person to whom, pursuant to regulation 48(2), the charges are payable.

Products not intended for the United Kingdom E+W

32.  Where—

(a) notice of introduction of a product has been given pursuant to regulation 17; and

(b) that notice specifies a member State other than the United Kingdom as the country of destination; and

(c) a certificate of veterinary clearance has been issued in respect of that product, authorising its import—

(i) into that member State or a particular area of it in accordance with specific requirements, or

(ii) for specific purposes in accordance with conditions,

which requirements or conditions are laid down for products imported into that member State or particular area, or for products imported for those specific purposes, in any directive, decision or regulation listed in Schedule 2, no person shall, without reasonable excuse, prevent or delay the transport of that product to that member State.

Products transported under supervision E+W

33.—(1) This regulation applies to products intended for import which are required by any directive, decision or regulation listed in Schedule 2 to be transported under veterinary supervision from the border inspection post at which they are first introduced into the relevant territories to their destination establishment.

(2) No person shall remove a product to which this regulation applies from a border inspection post unless it is contained in a leak-proof container or means of transport which has been sealed by an officer of the Commissioners or by the official veterinary surgeon at that border inspection post.

(3) The person responsible for a product to which this regulation applies and any carrier who has charge of it for the time being shall ensure that the product is transported without delay to its destination establishment, and that the certificate of veterinary clearance issued in respect of the product accompanies it until it reaches its destination establishment.

(4) Where a certificate of veterinary clearance has authorised import of a product to which this regulation applies for specific purposes as described in regulation 32(c)(ii), the person responsible for the product and any carrier who has charge of it for the time being shall ensure that it remains under the supervision of the Commissioners in accordance with the T5 procedure provided for in Articles 471 to 495 of Commission Regulation (EEC) No. 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code M22 until it reaches its destination establishment.

(5) An operator of a destination establishment or an intermediate storage warehouse shall give immediate written notification to the veterinary officer who is responsible on behalf of the National Assembly or the Agency for the destination establishment or intermediate storage warehouse, as the case may be, of the arrival there of any product to which this regulation applies.

(6) An operator of a destination establishment shall ensure that any such product undergoes at the destination premises the treatment prescribed for it by the relevant directive, decision or regulation listed in Schedule 2.

Marginal Citations

M22 OJ No. L253, 11.10.93, p.1 as last amended by Commission Regulation (EC) No. 444/2002 (OJ No. L68, 12.3.2002, p.11).

Transhipment of products intended for import E+W

34.—(1) This regulation applies to transhipped products where the border inspection post of introduction is in Wales.

(2) As soon as a product to which this regulation applies arrives at the border inspection post of introduction, the person responsible for the product shall notify the official veterinary surgeon there in writing, or in computerised or other electronic form, of the exact location of the product, of the estimated time of its transhipment or unloading, and of its border inspection post of destination.

(3) Where, according to the notification given pursuant to paragraph (2), a product to which this regulation applies is to be transhipped—

(a) from one aircraft to another, either directly or after being unloaded in a customs controlled area at the border inspection post of introduction for less than twelve hours, or

(b) from one sea-going vessel to another, either directly or after being unloaded in an area as aforesaid for less than seven days,

any person required by regulation 18 to present the product and its required documents, or to ensure that they are presented, to the official veterinary surgeon at the border inspection post of introduction, shall, if the official veterinary surgeon considers that the product presents a risk to animal or public health, permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents.

(4) Where a product to which this regulation applies is proposed to be unloaded from an aircraft for twelve hours or more, the person responsible for the product shall ensure that it is stored for not more than 48 hours under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there and is then reloaded onto an aircraft for onward transport to its border inspection post of destination.

(5) Where a product to which this regulation applies is proposed to be unloaded from a sea-going vessel for seven days or more, the person responsible for the product shall ensure that it is stored for not more than twenty days under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there and is then reloaded onto a sea-going vessel for onward transport to its border inspection post of destination.

(6) Any person required by regulation 18 to present a product to which paragraph (4) or paragraph (5) applies and its required documents to the official veterinary surgeon at a border inspection post of introduction shall permit the official veterinary surgeon there, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents and, if the official veterinary surgeon considers that the product presents a risk to animal or public health, an identity check of the product against the required documents and a physical check of the product.

(7) Where a product to which paragraph (4) applies is stored for more than 48 hours after unloading, or a product to which paragraph (5) applies is stored for more than twenty days after unloading, any person required by regulation 18 to present the product and its required documents to the official veterinary surgeon at the border inspection post of introduction, shall permit the official veterinary surgeon there, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out in all cases, an identity check of the product against the required documents and a physical check of the product.

PART VI E+W TRANSIT PRODUCTS

Border inspection posts of entry and exit E+W

35.  In this Part of these Regulations—

• “border inspection post of entry” means the border inspection post at which a transit product enters the customs territory of the Community;

• “border inspection post of exit” means the border inspection post through which a transit product is intended to leave the customs territory of the Community, as specified in the certificate of veterinary clearance relating to it.

Prior authorisation of transit E+W

36.  No person shall introduce a transit product into Wales from a third country unless the official veterinary surgeon at the border inspection post of entry has previously authorised the transit of that product in writing.

Physical check of transit products E+W

37.  Any person required by regulation 18 to present a transit product, or ensure that is presented, to the official veterinary surgeon at the border inspection post of entry must permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)L(c), to carry out a physical check on the transit product if the official veterinary surgeon considers that it presents a risk to animal or public health or reasonably suspects some other irregularity, as defined in regulation 21(5), in relation to the transit product.

Movement of transit products E+W

38.—(1) No person shall remove, or cause to be removed, a transit product from the border inspection post of entry unless the person responsible for the product has given a written undertaking to the official veterinary surgeon there to observe and perform the requirements of regulation 39.

(2) Where, at any time after removal from a border inspection post of entry, a transit product is transported through Wales by road, rail, waterway or air—

(a) the person responsible for the transit product and any carrier who has charge of it for the time being shall ensure that it is conveyed in a vehicle or container sealed by the customs or veterinary authorities responsible for the border inspection post of entry, accompanied by its required documents, any translations required under regulation 18(4) and its certificate of veterinary clearance, to the border inspection post of exit under the supervision of the Commissioners in accordance with the external transit procedure referred to in Articles 91 to 97 of the Customs Code.

(b) no person shall break the seals on the vehicle or container in which the transit product is conveyed, or unload the transit product, or split the consignment or part consignment which includes the transit product, or subject the transit product to any form of handling;

(c) the person responsible for the transit product and any carrier who has charge of it for the time being shall ensure that it leaves the customs territory of the Community at the border inspection post of exit not more than 30 days after removal from the border inspection post of entry (excluding the day of removal).

(3) No person shall introduce a transit product into a free zone, a free warehouse or a customs warehouse in Wales.

Disposal of returned transit products E+W

39.—(1) If a transit product is returned to Wales after leaving the customs territory of the Community, the person responsible for the transit product shall either—

(a) re-dispatch the transit product from the border inspection post to which it is returned to a third country by the mode of transport by which it was returned within sixty days of its return (excluding the day of return), or

(b) if the circumstances described in paragraph (2) apply, destroy the product without undue delay by rendering or incineration in accordance with the Animal By-Products Order in the facilities provided for that purpose nearest to the border inspection to which the product is returned.

(2) The transit product shall be destroyed in accordance with sub-paragraph (1)(b) where—

(a) re-dispatch of the product is precluded on animal or public health grounds by the results of a physical check, or by any animal or public health requirement laid down in a Community instrument in force on the date on which these Regulations are made, or is otherwise impossible;

(b) the sixty day period referred to in sub-paragraph (1)(a) has expired; or

(c) the person responsible for the transit product agrees immediately to its destruction.

(3) Any person who has possession or control of the required documents relating to a transit product to which paragraph (1) applies, or of the certificate of veterinary clearance relating thereto, shall submit them for invalidation to the official veterinary surgeon at the border inspection to which the product is returned.

(4) The person responsible for a transit product to which paragraph (1) applies shall store it until re-dispatch or destruction under the supervision of the official veterinary surgeon at the border inspection post to which the product is returned at such place and in such conditions as the official veterinary surgeon may direct.

(5) The person responsible for a transit product to which paragraph (1) applies shall pay the costs of storing, transporting, re-dispatching and destroying it.

PART VII E+W PRODUCTS INTENDED FOR WAREHOUSES OR SHIPS’ STORES

Application of Part VII E+W

40.  This Part applies to products whose destination establishment is—

(a) a warehouse in a free zone, a free warehouse or a custom warehouse, located in the customs territory of the Community, or

(b) a ships’ store complying with Article 13 of Directive 97/78/EC located outside the United Kingdom.

Additional information to be given in advance E+W

41.—(1) No person shall introduce a product to which this Part applies into Wales, or present such a product to a border inspection post of destination in Wales, unless the official veterinary surgeon to whom notice of the product’s introduction or presentation is given pursuant to regulation 17 has been informed—

(a) whether the product is intended ultimately for import;

(b) if not, whether it is a transit product, and

(c) in any event, whether the product complies with the import conditions.

(2) The information in sub-paragraph (1)(a), (b) and (c) shall be given in writing and may be included in the notice of the product’s introduction or presentation given pursuant to regulation 17.

Physical check of non-conforming products E+W

42.  Where the required documents indicate that a product to which this Part applies is a non-conforming product, any person required by regulation 18 to present it, or ensure that it is presented, to the official veterinary surgeon at a border inspection post must permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b), or 6(2)(c), to carry out a physical check on the product if the official veterinary surgeon considers that it presents a risk to animal or public health.

Exclusion of non-conforming products from warehouses E+W

43.  No person shall introduce a non-conforming product into a warehouse in a free zone, a free warehouse or a customs warehouse in Wales.

PART VIII E+W PRODUCTS RETURNED FROM THIRD COUNTRIES

Meaning of “export certificate” E+W

44.  In this Part of these Regulations “export certificate” means a certificate attesting that a returned product complies with animal or public health standards, issued to facilitate its original export from the customs territory of the Community by the authority responsible for monitoring such standards at the returned product’s Community establishment of origin.

Additional documentation for returned products E+W

45.  Any person who presents, pursuant to regulation 18, a returned product and its required documents to an official veterinary surgeon shall present with the required documents—

(a) the export certificate relating to the returned product or a copy authenticated as true by the authority which issued it;

(b) a statement of the reasons why the returned product was refused by the third country;

(c) a declaration by the person responsible for the returned product that, since the returned product was originally exported from the customs territory of the Community, the import conditions relating to storage and transport have been complied with in relation to the returned product; and either

(d) in the case of a returned product not originally exported in a sealed container, a declaration by the person responsible for the returned product that it has not undergone any handling other than, in the case only of packaged products, loading and unloading of unopened packages; or

(e) in the case of returned product originally exported in a sealed container, a declaration by the carrier who introduces it into Wales or England that it has not been unloaded from the container in which it was exported, or otherwise handled.

Physical check of returned products E+W

46.  Any person required by regulation 18 to present a returned product, or ensure that it is presented, to the official veterinary surgeon at a border inspection post must permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a physical check on the returned product if the official veterinary surgeon has reasonable grounds for believing—

(a) that these Regulations have not been, or are not being, complied with in relation to the returned product;

(b) that the returned product does not comply with the import conditions; or

(c) that the identity or destination of the returned product does not correspond with the information given on any relevant document.

Movement of returned products E+W

47.—(1) No person shall remove, or cause to be removed, a returned product from a border inspection post without the written authorisation of the official veterinary surgeon there.

(2) No person shall remove a returned product from a border inspection post unless it is contained in a leak-proof container or means of transport which has been sealed by an officer of the Commissioners or by the official veterinary surgeon at that border inspection post.

(3) The person responsible for a returned product removed in accordance with paragraphs (1) and (2), and any carrier who has charge of it for the time being shall ensure that—

(a) it is conveyed directly to its Community establishment of origin in the sealed leak-proof container or means of transport referred to in paragraph (2); and

(b) the certificate of veterinary clearance issued in respect of the returned product accompanies it until the returned product reaches its Community establishment of origin.

(4) No person shall break the seals on the container or means of transport in which the returned product is conveyed, or unload the returned product, or split the consignment or part consignment which includes the returned product, or subject the returned product to any form of handling, until it reaches its Community establishment of origin.

(5) The operator of the Community establishment of origin shall give immediate written notification of the arrival there of the returned product to the veterinary officer who is responsible on behalf of the National Assembly or the Agency for that establishment.

PART IX E+W CHARGES FOR VETERINARY CHECKS

Payment of charges E+W

48.—(1) A reasonable charge calculated in accordance with regulations 49 and 50 and Schedule 5 shall be made for veterinary checks carried out on a consignment at a border inspection post.

(2) The charge shall be made by and payable to the National Assembly, a local authority or the Agency, whichever is responsible, pursuant to regulations 4 and 5, for executing and enforcing these Regulations at the border inspection post where the veterinary checks are carried out.

Calculation of charges E+W

49.  The charge for veterinary checks shall cover the costs listed in Part I of Schedule 5 and shall be calculated in accordance with Part II, III, IV or V, as the case may be, of Schedule 5.

Conversion of charges to sterling E+W

50.  Charges expressed in euro in Schedule 5 shall be converted to pounds sterling at the rate of conversion published in the “C” Series of the Official Journal of the European Communities in September of the calendar year preceding that in which the relevant veterinary check was carried out.

Liability for charges E+W

51.  The person responsible for a consignment shall pay on demand the charge made for the veterinary checks carried out on the consignment.

Information relating to charges E+W

52.—(1) The National Assembly, a local authority or the Agency shall, if so requested in writing, supply to any person who presents products pursuant to regulation 18, or to any organisation representing such persons, details of the calculations which it uses to determine charges for veterinary checks and shall take into account any representations made by such person or organisation in determining such charges.

(2) If requested in writing so to do by the National Assembly or the Agency, a local authority shall provide the National Assembly or the Agency, as the case may be, with such information as it may require relating to the calculation of charges for veterinary checks, and with copies of any written representations made by persons or organisations referred to in paragraph (1).

Appeals against charges E+W

53.—(1) Any person who has paid a charge for veterinary checks to a local authority, and any organisation representing such persons, may, within 28 days of the charge being made, appeal on the ground that the amount of the charge is unreasonable—

(a) to the National Assembly, where the charge is for a veterinary check carried out otherwise than in relation to any function of the Agency; and

(b) to the Agency, where the charge is for a veterinary check carried out in relation to any function of the Agency.

(2) Where there is an appeal under paragraph (1), the National Assembly or the Agency, as the case may be, shall consult with the local authority and, if then satisfied that the amount of the charge is unreasonable, shall so inform the local authority, and the local authority shall recalculate the amount of the charge in accordance with any directions given by the National Assembly or the Agency and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

(3) Any person who has paid a charge for a veterinary check to the National Assembly or the Agency, and any organisation representing such persons may, within 28 days of the charge being made, appeal to an independent person appointed by the National Assembly F2 ... on the ground that the amount of the charge is unreasonable.

(4) The terms of appointment and the remuneration of the independent person referred to in paragraph (3) shall be determined by the National Assembly or, where the charge was paid to the Agency, by the Agency.

[F3 (5) Where there is an appeal under paragraph (3), the independent person referred to in that paragraph shall consult with the National Assembly or the Agency, as the case may be, and, if then satisfied that the amount of the charge is unreasonable, shall so inform the National Assembly or the Agency, who shall recalculate the amount of the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge]

Textual Amendments

F2 Words in reg. 53(3) omitted (1.1.2003) by virtue of The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002 (revoked) 2002 (S.I. 2002/3230), regs. 1, 2(3)

F3 Reg. 53(5) inserted (1.1.2003) by The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002 (revoked) 2002 (S.I. 2002/3230), regs. 1, 2(4)

PART X E+W EMERGENCY DECLARATIONS

Disease outbreaks in third countries E+W

54.—(1) Where the National Assembly or the Agency learns of, or has reasonable grounds to suspect, the presence in any third country of a disease referred to in Council Directive 82/894/EEC on the notification of animal diseases within the Community M23 , a zoonosis or other disease or phenomenon or circumstance liable to present a serious threat to animal or public health, it may by written declaration suspend, or impose conditions on, the introduction into Wales of any product from the whole or any part of that third country.

(2) Such a declaration shall be in writing and shall be published in such manner as the National Assembly or the Agency, as the case may be, thinks fit and shall specify the products and the third country or part thereof concerned.

(3) A declaration which imposes conditions on the introduction of any product from a third country or part thereof shall specify those conditions.

(4) Where a declaration is in force suspending the introduction of any product, no person shall introduce that product into Wales if it originates in the third country or part thereof specified in the declaration.

(5) Where a declaration is in force imposing conditions on the introduction of any product, no person shall introduce that product into Wales if it originates in the third country or part thereof specified in the declaration unless the product complies with the conditions specified in the declaration.

(6) A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.

Marginal Citations

M23 OJ No. L378, 31.12.82, p.58 as last amended by Commission Decision 2000/556/EC (OJ No. L235, 19.9.2000, p.27).

PART XI E+W OFFENCES AND PENALTIES

Obstruction E+W

55.—(1) No person shall—

(a) intentionally obstruct any person in the exercise of a power conferred by regulation 8 or 9 or in the performance of any other regulatory function;

(b) without reasonable cause fail to comply with a requirement made of him or her pursuant to regulation 8 or 9, or fail to give to any person exercising a power conferred by those regulations or performing any other regulatory function such assistance or information as that person may reasonably require of him or her for the purpose of exercising the power or performing the function;

(c) furnish to any person exercising a power conferred by regulation 8 or 9 or performing any other regulatory function any information which he or she knows to be false or misleading.

(2) Paragraph 1(b) shall not require a person to answer any question or give any information if to do so might incriminate him or her.

Contraventions E+W

56.  Any person who contravenes a provision of these Regulations listed in Schedule 6, or fails to comply with a notice served upon him or her pursuant to regulation 8(2) or regulation 21(2) shall be guilty of an offence.

Defence of due diligence E+W

57.—(1) In any proceedings for an offence of contravening a provision of these Regulations listed in Part I of Schedule 6, it shall be a defence for the person charged to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself, herself or by a person under his or her control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the Court, be entitled to rely on that defence, unless—

(a) at least seven clear days before the hearing; and

(b) where he or she has previously appeared, or been brought, before a court in connection with the alleged offence, within one month of his or her first such appearance,

the person charged has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his or her possession.

Penalties E+W

58.—(1) A person guilty of the offence of contravening regulation 55(1)(a) or 55(1)(b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

(2) A person guilty of any other offence under these Regulations shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Offences by bodies corporate E+W

59.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a corporate officer of the body corporate, he or she, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1), “corporate officer”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

PART XII E+W NOTICES AND DECISIONS

Form and content of notices E+W

60.  Any notice served by the National Assembly, the Agency, an official veterinary surgeon, an official fish inspector or an authorised officer pursuant to a provision of 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.

Service of notices E+W

61.—(1) Any notice referred to in regulation 60 may be served on a person by—

(a) delivering it to that person;

(b) leaving it at his or her proper address; or

(c) posting it to his or her proper address.

(2) Any such notice which is to be served on a body corporate or an unincorporated association other than a partnership shall be duly served on the secretary or clerk or other similar officer of that body.

(3) Any such notice which is to be served on a partnership (including a Scottish partnership) shall be duly served on a partner or a person having the control or management of the partnership business.

(4) Subject to paragraphs (5) and (6), for the purposes of this regulation, the proper address of any person on whom a notice is to be served shall be that person’s last known address, except that the proper address shall be—

(a) in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;

(b) in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and

(c) in the case of a partnership (including a Scottish partnership) or a person having the control or management of the partnership business, the address of the principal office of the partnership.

(5) Where the person to be served is a company registered, or a partnership carrying on business, outside the United Kingdom, and the company or partnership has an office within the United Kingdom, the principal office of that company or partnership for the purposes of paragraph 4 shall be its principal office within the United Kingdom.

(6) If the person to be served with any such notice has furnished the person by whom the notice is to be served with an address pursuant to any provision of these Regulations, that address shall be treated as his or her proper address for the purposes of this regulation.

(7) For the purposes of this regulation, “posting” a notice means sending it pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver documents by post outside the United Kingdom within such period as is reasonable in all the circumstances.

Notification of decisions E+W

62.  Where, under any provision of these Regulations, a decision is taken in relation to a product or consignment, the person taking the decision shall, if so requested, notify the person responsible for the product or consignment in writing of the decision and the reasons for it, together with details of his or her right of appeal against the decision including the procedure and time limits applicable.

PART XIII E+W DISAPPLICATIONS AND CONSEQUENTIAL AMENDMENTS

Disapplication of existing provisions E+W

63.—(1) The Importation of Animal Products and Poultry Products Order 1980 M24 shall not apply to products to which these Regulations apply, [F4 except the products referred to in regulations 3 and 3A].

(2) The provisions listed in Schedule 7 shall not apply, to the extent indicated in column 3 of that Schedule, to products to which these Regulations apply.

Textual Amendments

F4 Words in reg. 63(1) substituted (1.1.2003) by The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002 (revoked) 2002 (S.I. 2002/3230), regs. 1, 2(5)

Marginal Citations

M24 S.I. 1980/14; relevant amending instruments are S.I. 1982/948, 1990/2371 and 1994/2920.

Consequential amendments E+W

64.  The Regulations specified in Schedule 8, so far as they apply to Wales, are amended as set out in that Schedule.

M25 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

Rhodri Morgan

Assembly First Minister.

17th May 2002

Marginal Citations

M25 1998 c.38.

Regulation 2(1) and 17(3)

SCHEDULE 1 E+W

Sheet 1 E+W NATIONAL ASSEMBLYFOR WALESNOTICE OF INTRODUCTION OR PRESENTATION

Any alteration or erasure on this document by an unauthorised person makes it invalid

CERTIFICATE FOR VETERINARY CHECKS ON PRODUCTS INTRODUCED INTO THE EEC FROM NON-MEMBER COUNTRIES E+W

1.  Details of consignment presented M26 E+W

Marginal Citations

M26 To be completed by the importer or his representative.

Border inspection post carrying out the veterinary checks:....................

Country of origin:....................

Country where consigned:....................

Consignor:....................

Importer:....................

Country of destination in the EEC:....................

(Country, establishment, address)

Customs destination:....................

Means of transport

Air: Flight No:....................

Land: Vehicle No:....................

Sea: Vessel name and container No:....................

Seal No. :....................

CN code	Nature of goods	Type of preservation	Number of packages	Gross weight	Net weight
		Totals

Probable date of arrival:

Animal Health and/or Public Health Certificate(s) No(s):.................... Date of Issue:.................... Place of issue:.................... Issuing authority:....................

Complete identificationr of declarer: Signature:

Date:

SHEET 2 E+W CERTIFICATE OF VETERINARY CLEARANCE

2.  Decision on consignment M27 E+W

Marginal Citations

M27 To be completed by ticking the applicable entry and deleting the others.

Reference number:....................

Release for free use in the EEC □ fit for human consumption □ destined for animal feed use to: .................... (Country and establishment) □ destined for pharmaceutical use to: .................... (Country and establishment) □ unfit for human consumption or animal feed use □ destined to undergo other technical treatment (indicate): □ other uses (indicate): ....................	Entry into the EEC under custom surveillance □ Consigned to another third country without unloading (name of third country):.................... □ Storage in free zone or free warehouse Name and address: .................... .................... □ Storage in customs warehousee Name and address: .................... .................... .................... □ Consigned to a Member State withspecific requirements: (Country and establishment).................... and conforming to decision: .................... ....................
Importation refused: Reason:
Action: to be returned before: to be destroyed before: to be processed in conformity with Article 4 of Decision 93/13/EEC. Name and address of processing establishment: .................... ....................

Full identification of border inspection post and official seal

Date:

Official Veterinarian .................... (Signature) .................... Name in capital letters M28

Remarks:
Checks carried out:	Document□	Identity□	Physical□
Laboratory tests carried out:			Results:
Laboratory tests in hand:

Marginal Citations

M28 To be completed by the official veterinarian responsible for the border inspection post.

Seal number of official service:

Competent authority of place of destination:

Rheoliad 2(1) a 17(3)

Dalen 1 E+W CYNULLIAD CENEDLAETHOL CYMRUHYSBYSIAD CYFLWYNO NEU ROI

Mae unrhyw newid neu ddilead ar y ddogfen hon gan berson anawdurdodedig yn ei gwneud yn annilys

TYSTYSGRIF AR GYFER GWIRIADAU MILFEDDYGOL AR GYNHYRCHION SYDD WEDI’U CYFLWYNO I’R GYMUNED EWROPEAIDDO WLEDYDD ERAILL E+W

1.  Manylion y llwyth a gyflwynwyd M29 E+W

Marginal Citations

M29 I'w llenwi gan y mewnforiwr neu ei gynrychiolydd.

Y safle archwilio ar y ffin sy’n cyflawni’r gwiriadau milfeddygol:....................

Y wlad y mae’r llwyth yn tarddu ohoni:....................

Y wlad lle traddodwyd y llwyth:....................

Y traddodwr:....................

Y mewnforiwr:....................

Y gyrchwlad yn y Gymuned Ewropeaidd:....................

(Gwlad, sefydliad, cyfeiriad)

Y gyrchfan dollau:....................

Y cyfrwng cludo

Awyr: Rhif yr Ehediad:....................

Tir: Rhif y Cerbyd:....................

Môr: Enw’r llong a Rhif y cynhwysydd:....................

Rhif Sêl:....................

Cod CN	Natur y nwyddau	Y math o gadwraeth	Nifer y pecynnau	Pwysau gros	Pwysau net
		Cyfansymiau

Y dyddiad y bydd yn debyg o gyrraedd:

Tystysgrif(au) Iechyd Anifeiliaid a/neu Iechyd y Cyhoedd Rhif(au).................... Dyddiad ei/eu rhoi:.................... Man ei/eu rhoi.................... Yr awdurdod sy’n ei/eu rhoi:....................

Manylion cyflawn ar gyfer adnabod y datganydd: Llofnod:

Dyddiad:

DALEN 2 E+W TYSTYSGRIF CLIRIAD MILFEDDYGOL

2.  Y penderfyniad ar y llwyth M30 E+W

Marginal Citations

M30 I'w llenwi drwy dicio'r cofnod sy'n gymwys a dileu'r lleill.

Cyfeirnod:....................

Rhyddhau’r llwyth i’w ddefnyddio’n ddirwystr yn y Gymuned Ewropeaidd □ yn ffit i bobl ei fwyta □ wedi’i arfaethu i’w ddefnyddio fel porthiant anifeilaid yn: .................... (gwlad a sefydliad) □ wedi’i arfaethu at ddefnydd fel porthiant fferyllol yn: .................... (gwlad a sefydliad) □ anffit i bobl ei fwyta neu i’w ddefnyddio fel porthiant anifeiliaid □ wedi’i arfaethu i gael triniaeth dechnegol arall (nodwch ba un): □ defnyddiau eraill (nodwch ba rai): ....................

Mynediad i’r Gymuned Ewropeaidd o dan wyliadwriaeth y dollfa: □ Wedi’i draddodi i drydedd wlad arall heb ei ddadlwytho (enw’r drydedd wlad): □ Wedi’i storio mewn parth rhydd neu warws rydd Enw a chyfeiriad: .................... .................... □ Wedi’i storio mewn un o warysau’r dollfa Enw a chyfeiriad: .................... .................... .................... □ Wedi’i draddodi i Aelod-wladwriaeth gyda gofynion penodol: (Gwlad a sefydliad).................... ac mae’n cydymffurfio â’r penderfyniad canlynol: .................... ....................

Mewnforio wedi’i wrthod: Y Rheswm:

Camau: i’w ddychwelyd cyn: i’w ddinistrio cyn: i’w brosesu yn unol ag Erthygl 4 o Benderfyniad 93/13/EEC. Enw a chyfeiriad y sefydliad prosesu: .................... ....................

Manylion adnabod llawn y safle archwilio ar y ffin a’r sêl swyddogol

Dyddiad:

Milfeddyg Swyddogol .................... (Llofnod) .................... Enw mewn priflythrennau M31

Sylwadau:
Y gwiriadau a gyflawnwyd:	Y ddogfen□	Y manylion adnabod□	Gwiriad Ffisegol□
Y profion labordy a gynhaliwyd:
Y profion labordy ar y gweill:			Y canlyniadau:

Marginal Citations

M31 I'w llenwi gan y milfeddyg swyddogol sy'n gyfrifol am y safle archwilio ar y ffin.

Rhif sêl y gwasanaeth swyddogol:

Yr awdurdod cymwys yn y gyrchfan:

Regulation 2(1)

[F5 SCHEDULE 2 E+W IMPORT CONDITIONS

Textual Amendments

F5 Sch. 2 substituted (1.1.2003) by The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002 (S.I. 2002/3230), reg. 1, Sch.

PART I E+W PROVISIONS COMMON TO SEVERAL CATEGORIES OF PRODUCT

A. E+W Maximum residue limits and contaminants

1.   Council Regulation (EEC) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJNo. L224, 18.8.90, p.1) as last amended by Commission Regulation (EC) No. 77/2002 (OJNo. L16, 18.1.2002, p.9). E+W

2.   Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 1985/358/EEC and 1986/469/EEC and Decisions 1989/187/EEC and 1991/664/EEC (OJNo. L125, 23.5.96, p. 10). E+W

3.   Commission Decision 2000/159/EC on the provisional approval of residue plans of third countries according to Council Directive 96/23/EC (OJNo. L51, 24.2.2000, p.30), as last amended by Commission Decision 2002/336/EC (OJNo. L116, 3.5.2002, p.51). E+W

4.   Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs (OJNo. L77, 16.3.2001, p.1) as last amended by Commission Regulation (EC) No. 563/2002 (OJNo. L86, 3.4.2002, p.5). E+W

B. E+W Transmissible spongiform encephalopathies

5.   Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (OJNo. L306, 7.12.2000, p.32). E+W

6.   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 (OJNo. L147, 31.5.2001, p.1) as last amended by Commission Regulation (EC) No. 270/2002 (OJNo. L45, 15.2.2002, p.41). E+W

C. E+W Protective measures — multiple products

Brazil E+W

7.   Commission Decision 2002/794/EC (OJNo. L276, 12.10.2002, p. 66).

Thailand E+W

8.   Commission Decision 2002/251/EC (OJNo. L84, 28.3.2002, p.77).

Ukraine E+W

9.   Commission Decision 2002/805/EC (OJNo. L278, 16.10.2002, p. 24).

PART II E+W FRESH MEAT OF BOVINE, OVINE AND CAPRINE ANIMALS AND SWINE

A. E+W General Provisions

10.   Council Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat (OJNo. L121, 29.7.64, p. 2012/64) as amended and updated by Council Directive 91/497/EC (OJNo. L268, 24.9.91, p.69) and last amended by Council Directive 95/23/EC (OJNo. L243, 11.10.95, p.7). E+W

11.   Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from third countries (OJNo. L302, 31.12.72, p.28) as last amended by Council Regulation (EC) No. 1452/2001 (OJNo. L198, 21.7.2001, p.11). E+W

12.   Council Directive 77/96/EEC on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat from domestic swine (OJNo. L26, 31.1.77, p.67), as last amended by Council Directive 94/59/EC (OJNo. L315, 8.12.94, p.18). E+W

B. E+W Third countries from which fresh meat may be imported

Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine, equidae, sheep and goats fresh meat and meat products (OJNo. L146, 14.6.79, p.15) as last amended by Commission Decision 2001/731/EC (OJNo. L274, 17.10.2001, p.22).

C. E+W Third country establishments from which fresh meat may be imported

13.   Commission Decision 95/408/EC on conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (OJNo. L243, 11.10.95, p.17) as last amended by Commission Decision 2001/4/EC (OJNo. L2, 5.1.2001, p.21). E+W

Argentina E+W

14.   Commission Decision 81/91/EEC (OJNo. L58, 5.3.81, p.39), as amended by Commission Decision 86/392/EEC (OJNo. L228, 14.8.86, p.44).

Australia E+W

15.   Commission Decision 83/384/EEC (OJNo. L222, 13.01.83, p.36), as amended by Commission Decision 86/389/EEC (OJNo. L228, 14.8.86, p.34).

Botswana E+W

16.   Commission Decision 83/243/EEC (OJNo. L129, 19.5.83, p.70).

Brazil E+W

17.   Commission Decision 81/713/EEC of 28th July 1981 (OJNo. L257, 10.9.81, p.28), as last amended by Commission Decision 89/282/EEC (OJNo. L110, 21.4.89, p.54).

Bulgaria E+W

18.   Commission Decision 87/735/EEC (OJNo. L311, 8.11.82, p.16).

Canada E+W

19.   Commission Decision 87/258/EEC (OJNo. L121, 9.5.87, p.50).

Chile E+W

20.   Commission Decision 87/124/EEC (OJNo. L51, 20.2.87, p.41).

Croatia E+W

21.   Commission Decision 93/26/EEC (OJNo. L16, 25.1.93, p.24).

Czech Republic E+W

22.   Commission Decision 93/546/EEC (OJNo. L266, 27.10.93, p.31).

Greenland E+W

23.   Commission Decision 85/539/EEC (OJNo. L334, 12.12.85, p.25).

Hungary E+W

24.   Commission Decision 82/733/EEC (OJNo. L311, 8.11.82, p.10), as amended by Commission Decision 86/245/EEC (OJNo. L163, 19.6.86, p.49).

Iceland E+W

25.   Commission Decision 84/24/EEC (OJNo. L20, 25.1.84, p.21).

Former Yugoslav Republic of Macedonia E+W

26.   Commission Decision 95/45/EC (OJNo. L51, 8.3.95, p.13).

Lithuania E+W

27.   Commission Decision 2001/827/EC (OJNo. L308, 27.11.2001, p.39).

Madagascar E+W

28.   Commission Decision 90/165/EEC (OJNo. L91, 6.4.90, p.34).

Malta E+W

29.   Commission Decision 87/548/EEC (OJNo. L327, 18.11.87, p.28).

Mexico E+W

30.   Commission Decision 87/424/EEC (OJNo. L228, 15.8.87, p.43).

Morocco E+W

31.   Commission Decision 86/65/EEC (OJNo. L72, 15.3.86, p.40).

Namibia E+W

32.   Commission Decision 90/432/EEC (OJNo. L223, 18.8.90, p.19).

New Zealand E+W

33.   Commission Decision 83/402/EEC (OJNo. L223, 24.8.83, p.24), as amended by Commission Decision 86/432/EEC (OJNo. L253, 5.9.86, p.28).

Paraguay E+W

34.   Commission Decision 83/423/EEC (OJNo. L238, 27.8.83, p.39).

Poland E+W

35.   Commission Decision 84/28/EEC (OJNo. L21, 26.1.84, p.42), as amended by Commission Decision 86/252/EEC (OJNo. L165, 21.6.86, p.43).

Romania E+W

36.   Commission Decision 83/218/EEC (OJNo. L121, 7.5.83, p.23), as amended by Commission Decision 86/289/EEC (OJNo. L182, 5.7.86, p.25).

Slovak Republic E+W

37.   Commission Decision 93/547/EEC (OJNo. L266, 27.10.93, p.33).

Slovenia E+W

38.   Commission Decision 93/27/EEC (OJNo. L16, 25.1.93, p.26).

South Africa E+W

39.   Commission Decision 82/913/EEC (OJNo. L381, 31.12.82, p.28), as amended by Commission Decision 90/433/EEC (OJNo. L223, 18.8.90, p.21).

Swaziland E+W

40.   Commission Decision 82/814/EEC (OJNo. L343, 4.12.82, p.24).

Switzerland E+W

41.   Commission Decision 82/734/EEC (OJNo. L311, 8.11.82, p.13), as last amended by Commission Decision 92/2/EEC (OJNo. L1, 4.1.92, p.22).

United States of America E+W

42.   Commission Decision 87/257/EEC (OJNo. L121, 9.5.87, p.46), as amended by Commission Decision 2000/138/EC (OJNo. L46, 18.2.00, p.36).

Uruguay E+W

43.   Commission Decision 81/92/EEC (OJNo. L58, 5.3.81, p.43), as amended by Commission Decision 86/485/EEC (OJNo. L282, 3.10.86, p.31).

Federal Republic of Yugoslavia E+W

44.   Commission Decision 98/8/EEC (OJNo. L2, 6.1.98, p.12).

Zimbabwe E+W

45.   Commission Decision 85/473/EEC (OJNo. L278, 18.10.85, p.35).

D. E+W Health certification requirements

Argentina, Brazil, Chile, Columbia, Paraguay and Uruguay E+W

46.   Commission Decision 93/402/EEC (OJNo. L179, 22.7.93, p.11), as last amended by Commission Decision 2002/908/EC (OJNo. L313, 16.11.2002, p.34).

Australia E+W

47.   Commission Decision 80/801/EEC (OJNo. L234, 5.9.80, p.41), as amended by Commission Decision 81/662/EEC (OJNo. L237, 22.8.81, p.33).

Belize E+W

48.   Commission Decision 84/292/EEC (OJNo. L144, 30.5.84, p.10).

Botswana, Madagascar, Morocco, Namibia, South Africa, Swaziland and Zimbabwe E+W

49.   Commission Decision 1999/283/EC (OJNo. L110, 28.4.99, p.16) as last amended by Commission Decision 2002/646/EC (OJNo. L211, 7.8.02, p.23).

Albania, Bosnia-Herzegovina, Belarus, Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Former Yugoslav Republic of Macedonia, Poland, Romania, Russia, Slovak Republic, Slovenia and Federal Republic of Yugoslavia E+W

50.   Commission Decision 98/371/EC (OJNo. L170, 16.6.98, p.16) as last amended by Commission Decision 2002/940/EC (OJNo. L325, 30.11.2002, p.40).

Canada E+W

51.   Commission Decision 80/804/EEC (OJNo. L236, 9.9.80, p.25) as amended by Commission Decision 98/91/EC (OJNo. L18, 23.1.98, p.27).

Costa Rica E+W

52.   Commission Decision 81/887/EEC (OJNo. L324, 12.11.81, p.25).

Cuba E+W

53.   Commission Decision 86/72/EEC (OJNo. L76, 21.3.86, p.47).

Cyprus E+W

54.   Commission Decision 86/463/EEC (OJNo. L271, 23.9.86, p.23).

The Falkland Islands E+W

55.   Commission Decision 98/625/EC (OJNo. L299, 10.11.98, p.30).

Greenland E+W

56.   Commission Decision 86/117/EEC (OJNo. L99, 15.4.86, p.26).

Guatemala E+W

57.   Commission Decision 82/414/EEC (OJNo. L182, 26.6.82, p.27).

Honduras E+W

58.   Commission Decision 89/221/EEC (OJNo. L92, 5.4.89, p.16).

Iceland E+W

59.   Commission Decision 83/84/EEC (OJNo. L56, 3.3.83, p.26).

Malta E+W

60.   Commission Decision 84/294/EEC (OJNo. L144, 30.5.84, p.17).

Mexico E+W

61.   Commission Decision 83/380/EEC (OJNo. L222, 13.8. 83, p.27).

New Caledonia E+W

62.   Commission Decision 2001/745/EC (OJNo. L278, 23.10.01, p.37).

New Zealand E+W

63.   Commission Decision 80/805/EEC (OJNo. L236, 9.9.80, p.28), as amended by Commission Decision 81/662/EEC (OJNo. L237, 22.8.81, p.33).

Panama E+W

64.   Commission Decision 86/63/EEC (OJNo. L72, 15.3.86, p.36).

Switzerland E+W

65.   Commission Decision 81/526/EEC (OJNo. L196, 18.7.81, p.19) as last amended by Commission Decision 94/667/EC (OJNo. L260, 8.10.94, p.32).

Turkey E+W

66.   Commission Decision 90/445/EEC (OJNo. L228, 22.8.90, p.28).

United States of America E+W

67.   Commission Decision 82/426/EEC (OJNo. L186, 30.6.82, p.54) as amended by Commission Decision 85/164/EEC (OJNo. L63, 2.3. 85, p.26).

E. E+W Third countries/Regions from which fresh imports of meat are prohibited

Albania E+W

68.   Commission Decision 89/197/EEC (OJNo. L73, 17.3.89, p.53).

Nicaragua E+W

69.   Commission Decision 92/280/EC (OJNo. L144, 26.5.92, p.21).

PART III E+W MEAT PRODUCTS

A. E+W General Provisions

70.   Council Directive 72/462/EEC (See Part II, Section A, No. 2 above). E+W

71.   Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (OJNo. L26, 31.1.77, p.85) as amended and updated by Council Directive 1992/5/EEC (OJNo. L57, 2.3. 92, p.1) and last amended by Council Directive 97/76/EC (OJNo. L10, 16.1. 98, p.25). E+W

72.   Council Directive 80/215/EEC an animal health problems affecting intra-Community trade in meat products (OJNo. L47, 21.2. 80, p.4) as last amended by Council Directive 91/687/EEC (OJNo. L377, 31.12. 91, p.16). E+W

B. E+W Third countries from which meat products may be imported

73.   Council Decision 79/542/EEC (see Part II, section B above). E+W

74.   Commission Decision 97/222/EEC laying down the list of third countries from which the Member States authorise the importation of meat products (OJ. No. L89, 4.4.97, p.39) as last amended by Commission Decision 2002/464/EC (OJNo. L161, 19.6.2002, p.16). E+W

C. E+W Third country establishments from which meat products may be imported:

75.   Commission Decision 95/408/EC (see Part II, section C, No. 1 above). E+W

Argentina E+W

76.   Commission Decision 86/414/EC (OJ No L237, 23.8.86, p.36)

as amended by Commission Decision 97/397/EC (OJNo. L165, 24.6.97, p.13).

Botswana E+W

77.   Commission Decision 94/465/EC (OJNo. L190, 26.7.94, p.25).

Brazil E+W

78.   Commission Decision 87/119/EC (OJNo. L49, 18.2.87, p.37) as amended by Commission Decision 95/236/EC (OJNo. L156, 7.7.95, p.85).

Czech Republic E+W

79.   Commission Decision 97/299/EC (OJNo. L124, 16.5.97, p.50).

Namibia E+W

80.   Commission Decision 95/427/EC (OJNo. L254, 24.10.95, p.28).

Uruguay E+W

81.   Commission Decision 86/473/EEC (OJNo. L279, 30.9.86, p.53) as amended by Commission Decision 96/466/EC (OJNo. L192, 2.8.96, p.25).

Zimbabwe E+W

82.   Commission Decision 94/40/EC (OJNo. L 22, 27.1.94, p.50).

Miscellaneous third countries E+W

83.   Commission Decision 97/365/EC (OJNo. L154, 12.6.97, p.41) as last amended by Commission Decision 2001/826/EC (OJNo. L308, 27.11.2001, p.37).

Miscellaneous third countries E+W

84.   Commission Decision 97/569/EC (OJNo. L234, 26.8.97, p.16)

as last amended by Commission Decision 2002/671/EC (OJNo. L228, 24.8.2002, p. 25).

D. E+W Health Certification Requirements

85.   Commission Decision 97/221/EC (OJNo. L89, 4.4.97, p.32) (meat products in general). E+W

86.   Commission Decision 97/41/EC (OJNo. L17, 21.1.97, p.34) (poultry meat, farmed game meat, wild game meat and rabbit meat). E+W

PART IV E+W MILK, HEAT-TREATED MILK AND MILK BASED PRODUCTS

A. E+W General

87.   Council Directive 92/46/EEC laying down the health rules for the production and placing on the market of raw milk, heat treated milk and milk-based products (OJNo. L268, 14.9.92, p.1), as last amended by Council Directive 94/71/EC (OJNo. L368, 31.12.94, p.33). E+W

88.   Commission Decision 95/343/EC providing for the specimens of the health certificate for the importation from third countries of heat-treated milk, milk-based products and raw milk for human consumption intended to be accepted at a collection centre, standardisation centre, treatment establishment or processing establishment (OJNo. L200, 24.8.95, p.52) as last amended by Commission Decision 97/115/EC (OJNo. L42, 13.2.97, p.16). E+W

89.   Commission Decision 95/342/EC on treatment of milk and milk-based products from third countries or parts of third countries where there is a risk of foot-and-mouth disease (OJNo. L200, 24.8.95, p.50). E+W

B. E+W Third countries from which milk, etc. may be imported

Commission Decision 95/340/EC (OJNo. L200, 24.8.95, p.38) as last amended by Commission Decision 2001/743/EC (OJNo. L278, 23.10.2001, p.32).

C. E+W Third country establishments from which milk, etc. may be imported

90.   Commission Decision 95/408/EC (see part II, section C, no.1 above). E+W

91.   Commission Decision 97/252/EC (OJNo. L101, 18.4.97, p.46) as last amended by Commission Decision 2002/527/EC (OJNo. L170, 29.6.02, p.86). E+W

PART V E+W FRESH POULTRY-MEAT

A. E+W General

92.   Council Directive 71/118/EEC on health problems affecting trade in fresh poultry meat (OJNo. L55, 8.3.71, p.23), as amended and updated by Council Directive 92/116/EEC (OJNo. L62, 15.3.93, p.1) and last amended by Council Directive 97/79/EC (OJNo. L24, 30.1.98, p.31). E+W

93.   Council Directive 91/494/EEC on animal health conditions governing intra-community trade in and imports from third countries of fresh poultry meat (OJNo. L268, 24.9.91, p.35), as last amended by Council Directive 1999/89/EC (OJNo. L300, 23.11.99, p.17). E+W

B. E+W Third Countries from which fresh poultry meat may be imported

Commission Decision 94/85/EC (OJNo. L44, 17.2.94, p.31) as last amended by Commission Decision 2001/733/EC (OJNo. L275, 18.10.2001, p.17).

C. E+W Third Country establishments from which fresh poultry meat may be imported.

94.   Commission Decision 95/408/EC (see part II, section C, No. 1 above). E+W

95.   Commission Decision 97/4/EC (OJNo. L2, 4.1.97, p.6) as last amended by Commission Decision 2001/400/EC (OJNo. L140, 24.5.01, p.70). E+W

D. E+W Health Certification Requirements

Commission Decision 94/984/EC (OJNo. L378, 31.12.94, p.11) as last amended by Commission Decision 2002/477/EC (OJNo. L164, 22.6.2002, p.39).

PART VI E+W WILD GAME MEAT

A. E+W General

96.   Council Directive 92/45 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (OJNo. L268, 14.9.92, p.35) as last amended by Council Directive 97/79/EC (OJNo. L24, 30.1.98, p.31). E+W

97.   Commission Decision 2000/585/EC laying down animal and public health conditions and veterinary certifications for import of wild and farmed game meat and rabbit meat from third countries and repealing Commission Decisions 97/217/EC, 97/218/EC, 97/219/EC and 97/220/EC (OJNo. L251, 6.10.2000, p.1) as last amended by Commission Decision 2002/646/EC (OJNo. L211, 7.8.2002, p.23). E+W

B. E+W Third Country establishments from which game meat may be imported

98.   Commission Decision 95/408/EC (see part II, section C, No. 1 above). E+W

99.   Commission Decision 97/468/EC (OJNo. L199, 26.7.97, p.62) as last amended by Commission Decision 2002/672/EC (OJNo. L228, 24.8.02, p.26). E+W

PART VII E+W MINCED MEAT AND MEAT PREPARATIONS

A. E+W General

Council Directive 94/65/EC laying down the requirements for the production and placing on the market of minced meat and meat preparations (OJNo. L368, 31.12.94, p.10).

B. E+W Health Certification requirements

Commission Decision 2000/572/EC (OJNo. L240, 23.9.2000, p.19).

C. E+W Third Country Establishments from which minced meat and meat preparations may be imported

100.   Commission Decision 95/408/EC (see part II, section C, No. 1 above). E+W

101.   Commission Decision 1999/710/EC (OJNo. L281, 4.11.1999, p.82) as last amended by Commission Decision 2002/920/EC (OJNo. L321, 26.11.2002, p.49). E+W

PART VIII E+W MISCELLANEOUS PRODUCTS

A. E+W General

102.   Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJNo. L62, 15.3.93, p. 49) as last amended by Commission Decision Council Directive 2002/33/EC (OJNo. L315, 19.11.2002, p.14). E+W

103.   Council Directive 91/495/EEC concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat (OJNo. L268, 24.9.91, p.41), as last amended by Council Directive 94/65/EC (OJNo. L368, 31.12.94, p.10). E+W

104.   Commission Decision 2000/609/EC laying down animal and public health conditions and veterinary certification for imports of farmed ratite meat and amending Decision 94/85/EC drawing up a list of third countries from which Member States authorise imports of fresh poultry-meat (OJNo. L258, 12.10.2000, p.49) as amended by Commission Decision 2000/782/EC (OJNo. L309, 9.12.2000, p.37). E+W

B. E+W Third countries from which products covered by Council Directive 92/118/EEC may be imported

Commission Decision 94/278/EC (OJNo. L120, 11.5.94, p.44) as last amended by Commission Decision 2002/574/EC (OJNo. L181, 11.7.2002, p.23).

C. E+W Third country establishments from which products covered by Council Directive 92/118/EEC may be imported

105.   Commission Decision 95/408/EC (see part II, section C, No. 1 above). E+W

106.   Commission Decision 1999/120/EC (OJNo. L36, 10.2.1999, p.21), as last amended by Commission Decision 2002/925/EC (OJNo. L 322, 27.11.2002, p.47) (animal casings). E+W

107.   Commission Decision 97/467/EC (OJNo. L199, 26.7.97, p.57) as last amended by Commission Decision 2002/797/EC (OJNo. L 277, 15.10.2002, p.23) (rabbit meat, farmed game meat and ratite meat). E+W

108.   Commission Decision 2001/556/EC (OJNo. L200, 25.7.2001, p.23) as last amended by Commission Decision 2002/926/EC (OJNo. L322, 27.11.2002, p.49). E+W

D. E+W Health Certification Requirements

109.   Commission Decision 95/341/EC (OJNo. L200, 24.8.95, p.42) as amended by Commission Decision 96/106/EC (OJNo. L24, 31.1.96, p.34) (milk and milk-based products not intended for human consumption). E+W

110.   Commission Decision 94/187/EC (OJNo. L89, 6.4.94, p.18) as amended by Commission Decision 96/106/EC (OJNo. L24, 31.1.96, p.34) (animal casings). E+W

111.   Commission Decision 97/168/EC (OJNo. L67, 7.3.97, p.19) (hides and skins of ungulates). E+W

112.   Commission Decision 94/309/EC (OJNo. L137, 1.6.94, p.62), as last amended by Commission Decision 97/199/EC (OJNo. L84, 26.3.97, p.44) (pet foods and untanned edible products for pets). E+W

113.   Commission Decision 97/199/EC (OJNo. L84, 26.3.97, p.4) (pet-food in hermetically sealed containers). E+W

114.   Commission Decision 94/446/EC (OJNo. L183, 19.7.94, p.46) as last amended by Commission Decision 97/197/EC (OJNo. L84, 26.3.97, p.32) (bones, horns, hooves, etc.). E+W

115.   Commission Decision 94/344/EC (OJNo. L154, 21.6.94, p.45) as last amended by Commission Decision 97/198/EC (OJNo. L84, 26.3.97, p.36) (processed animal protein). E+W

116.   Commission Decision 97/198/EC (OJNo. L84, 26.3.97, p.36) (processed animal protein — alternative heat-treatment systems). E+W

117.   Commission Decision 94/143/EC (OJNo. L62, 5.3.94, p.41) as last amended by Commission Decision 94/775/EC (OJNo. L310, 3.12.94, p.77) (serum from equidae). E+W

118.   Commission Decision 2000/585/EC (see Part VI, Section A, No. 2 above) (rabbit meat and farmed game meat). E+W

119.   Commission Decision 2000/609/EC (OJNo. L258, 12.10.2000, p.49) as amended by Commission Decision 2000/782/EC (OJNo. L309, 9.12.2000, p.37) (farmed ratite meat). E+W

120.   Commission Decision 94/860/EC (OJNo. L352, 31.12.94, p.69) (apiculture products). E+W

121.   Commission Decision 96/500/EC (OJNo. L203, 13.8.96, p.13) (game trophies). E+W

122.   Commission Decision 94/435/EC (OJNo. L180, 14.7.94, p.40) as last amended by Commission Decision 94/775/EC (OJNo. L310, 3.12.94, p.77) (pig bristles). E+W

123.   Commission Decision 97/38/EC (OJNo. L14, 17.1.97, p.61) (egg products). E+W

124.   Commission Decision 2000/20/EC (OJNo. L6, 11.1.2000, p.60) (gelatine). E+W

PART IX E+W FISHERY PRODUCTS

A. E+W General Provisions

125.   Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJNo. L46, 19.2.91, p.1), as last amended by Council Directive 98/45/EC (OJNo. L189, 3.7.98, p.12). E+W

126.   Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live bivalve molluscs (OJNo. L268, 24.9.91, p.1) as last amended by Council Directive 97/79/EC (OJNo. L24, 30.1.98, p.31). E+W

127.   Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (OJNo. L268, 24.9.91, p.15) as last amended by Council Directive 97/79/EC (OJNo. L24, 30.1.98, p.31). E+W

128.   Council Directive 92/48/EEC laying down minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC (OJNo. L187, 7.7.92, p.41). E+W

129.   Commission Decision 93/25/EEC approving certain treatments to inhibit the development of pathogenic micro-organisms in bivalve molluscs and marine gastropods (OJNo. L16, 25.01.93, p.22) as amended by Commission Decision 1997/275/EC (OJNo. L108, 25.4.1997, p.52). E+W

130.   Commission Decision 93/51/EEC on the microbiological criteria applicable to the production of cooked crustaceans and molluscs and shellfish (OJNo. L13, 21.1.93, p.11). E+W

131.   Commission Decision 93/140/EEC laying down the detailed rules relating to the visual inspection for the purpose of detecting parasites in fishery products (OJNo. L56, 9.3.93, p.42). E+W

132.   Commission Decision 94/356/EC laying down detailed rules for the application of Council Directive 91/493/EEC as regards own health checks on fishery products (OJNo. L156, 23.6.94, p.50). E+W

133.   Commission Decision 95/149/EC fixing total volatile basic nitrogen (TVB-N) limit values for certain categories of fishery products and specifying the analysis methods to be used (OJNo. L97, 29.4.95, p.84). E+W

134.   Commission Decision 95/352/EC laying down the animal health conditions and certification requirements for the importation from third countries of crassostrea gigas for relaying in Community waters (OJNo. L204, 30.8.95, p.13). E+W

135.   Council Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs (OJNo. L77, 16.3.2001, p.14). E+W

B. E+W Health certification

136.   Commission Decision 95/328/EC establishing health certification for fishery products from third countries which are not yet covered by a specific decision (OJNo. L191, 12.8.95, p.32) as last amended by Commission Decision 2001/67/EC (OJNo. L22, 24.1.2001, p.41). E+W

137.   Commission Decision 96/333/EC establishing health certification of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries which are not covered by a specific decision (OJNo. L127, 25.5.96, p.33) as last amended by Commission Decision 2001/65/EC (OJNo. L22, 24.1.2001, p.38). E+W

138.   Commission Decision 1998/418/EC (OJNo. L190, 4.7.98, p.53) (Uganda, Tanzania, Kenya and Mozambique). E+W

139.   Commission Decision 2000/127/EC (OJNo. L36, 11.2.2000, p.43) (Tanzania). E+W

140.   Commission Decision 2000/493/EC (OJNo. L199, 5.8.2000, p.84) (Uganda). E+W

141.   Commission Decision 2000/759/EC (OJNo. L304, 5.12.2000, p.18) (Kenya). E+W

C. E+W Third Country Equivalence

Commission Decision 97/20/EC establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods (OJNo. L6, 10.1.97, p.46) as last amended by Commission Decision 2002/21/EC (OJNo. L10, 12.1.2002, p.79).

D. E+W Third countries from which fishery products may be imported

Commission Decision 97/296/EC drawing up a list of third countries from which the import of fishery products is authorised for human consumption (OJNo. L122, 14.5.97, p.21) as last amended by Commission Decision 2002/28/EC (OJNo. L11, 15.1.2002, p.44).

E. E+W Third country establishments from which fishery products may be imported

Commission Decision 95/408/EC on the conditions for drawing up for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (OJNo. L243, 11.10.95, p.17) as last amended by Commission Decision 2001/4/EC (OJNo. L2, 5.1.2001, p.21).

F. E+W Special import conditions for fishery products

Albania E+W

142.   Commission Decision 95/90/EC (OJNo. L70, 30.3.95, p.27) as last amended by Commission Decision 95/235/EC (OJNo. L156, 7.7.95, p.82).

Argentina E+W

143.   Commission Decision 93/437/EC (OJNo. L202, 12.8.93, p.42) as last amended by Commission Decision 97/276/EC (OJNo. L108, 25.4.97, p.53).

Australia E+W

144.   Commission Decision 97/426/EC (OJNo. L183, 11.7.97, p.21) as amended by Commission Decision 1999/403/EC (OJNo. L151, 18.6.1999, p.35).

Bangladesh E+W

145.   Commission Decision 98/147/EC (OJNo. L46, 17.2.98, p.13).

Brazil E+W

146.   Commission Decision 94/198/EC (OJNo. L93, 12.4.94, p.26) as last amended by Commission Decision 96/193/EC (OJNo. L61, 12.3.96, p.43).

Canada E+W

147.   Commission Decision 93/495/EC (OJNo. L232, 15.9.93, p.43) as last amended by Commission Decision 2000/659/EC (OJNo. L276, 28.10.2000, p.81).

Chile E+W

148.   Commission Decision 93/436/EC (OJNo. L202, 12.8.93, p.31) as last amended by Commission Decision 2000/61/EC (OJNo. L22, 27.1.2000, p.62).

China E+W

149.   Commission Decision 2000/86/EC (OJNo. L26, 2.2.2000, p.26) as amended by Commission Decision 2000/300/EC (OJNo. L97, 19.4.2000, p.15).

Colombia E+W

150.   Commission Decision 94/269/EC (OJNo. L115, 6.5.94, p.38) as last amended by Commission Decision 1999/486/EC (OJNo. L190, 23.7.1999, p.32).

Croatia E+W

151.   Commission Decision 2002/25/EC (OJNo. L11, 15.1.2002, p.25).

Cuba E+W

152.   Commission Decision 98/572/EC (OJNo. L277, 14.10.98, p.44).

Czech Republic E+W

153.   Commission Decision 97/299/EC (OJNo. L124, 16.5.97, p.50)

Commission Decision 2001/39/EC (OJNo. L10, 13.1.2001, p.68).

Equador E+W

154.   Commission Decision 94/200/EC (OJNo. L93, 12.4.94, p.34) as last amended by Commission Decision 96/31/EC (OJNo. L9, 12.1.96, p.6).

Estonia E+W

155.   Commission Decision 98/675/EC (OJNo. L317, 26.11.98, p.42).

Falkland Islands E+W

156.   Commission Decision 98/423/EC (OJNo. L190, 4.7.98, p.76).

Gabon E+W

157.   Commission Decision 2002/26/EC (OJNo. L11, 15.1.2002, p.31).

Gambia E+W

158.   Commission Decision 96/356/EC (OJNo. L137, 8.6.96, p.31).

Ghana E+W

159.   Commission Decision 98/421/EC (OJNo. L190, 4.7.98, p.66).

Guatemala E+W

160.   Commission Decision 98/568/EC (OJNo. L277, 14.10.98, p.26) as amended by Commission Decision 1999/487/EC (OJNo. L190, 23.7.1999, p.36).

Guinea E+W

161.   Commission Decision 2001/634/EC (OJNo. L221, 17.8.2001, p.50).

India E+W

162.   Commission Decision 97/876/EC (OJNo. L356, 31.12.97, p.57).

Indonesia E+W

163.   Commission Decision 94/324/EC (OJNo. L145, 10.6.94, p.23) as last amended by Commission Decision 2001/254/EC (OJNo. L91, 31.3.2001, p.85).

Iran E+W

164.   Commission Decision 2000/675/EC (OJNo. L280, 4.11.2000, p.63).

Ivory Coast E+W

165.   Commission Decision 96/609/EC (OJNo. L269, 22.10.96, p.37).

Jamaica E+W

166.   Commission Decision 2001/36/EC (OJNo. L10, 13.1.2001, p.59).

Japan E+W

167.   Commission Decision 95/538/EC (OJNo. L304, 16.12.95, p.52) as amended by Commission Decision 2001/253/EC (OJNo. L91, 31.3.2001, p.81).

Korea E+W

168.   Commission Decision 95/454/EC (OJNo. L264, 7.11.95, p.37) as last amended by Commission Decision 2001/818/EC (OJNo. L307, 24.11.2001, p.20).

Latvia E+W

169.   Commission Decision 2000/85/EC (OJNo. L26, 2.2.2000, p.21).

Lithuania E+W

170.   Commission Decision 2000/87/EC (OJNo. L26, 2.2.2000, p.42).

Madagascar E+W

171.   Commission Decision 97/757/EC (OJNo. L307, 12.11.97, p.33).

Malaysia E+W

172.   Commission Decision 96/608/EC (OJNo. L269, 22.10.96, p.32).

Maldives E+W

173.   Commission Decision 98/424/EC (OJNo. L190, 4.7.98, p.81) as amended by Commission Decision 2001/252/EC (OJNo. L91, 31.3.2001, p.78).

Mauritania E+W

174.   Commission Decision 96/425/EC (OJNo. L175, 13.7.96, p.27).

Mauritius E+W

175.   Commission Decision 99/276/EC (OJNo. L108, 27.4.1999, p.52) as amended by Commission Decision 2000/84/EC (OJNo. L26, 2.2.2000, p.18).

Mexico E+W

176.   Commission Decision 98/695/EC (OJNo. L332, 8.12.98, p.9) as amended by Commission Decision 2001/819/EC (OJNo. L307, 24.11.2001, p.22).

Morocco E+W

177.   Commission Decision 95/30/EC (OJNo. L42, 24.2.95, p.32) as last amended by Commission Decision 97/581/EC (OJNo. L237, 28.8.97, p.26).

Namibia E+W

178.   Commission Decision 2000/673/EC (OJNo. L280, 4.11.2000, p.52).

New Zealand E+W

179.   Commission Decision 94/448/EC (OJNo. L184, 20.7.94, p.16) as last amended by Commission Decision 1999/402/EC (OJNo. L151, 18.6.1999, p.31).

Nicaragua E+W

180.   Commission Decision 2001/632/EC (OJNo. L221, 17.8.2001, p.40).

Nigeria E+W

181.   Commission Decision 98/420/EC (OJNo. L190, 4.7.98, p.59).

Oman E+W

182.   Commission Decision 99/527/EC (OJNo. L203, 3.8.1999, p.63).

Pakistan E+W

183.   Commission Decision 2000/83/EC (OJNo. L26, 2.2.2000, p.13).

Panama E+W

184.   Commission Decision 99/526/EC (OJNo. L203, 3.8.1999, p.58).

Peru E+W

185.   Commission Decision 95/173/EC (OJNo. L116, 23.5.95, p.41) as amended by Commission Decision 95/311/EC (OJNo. L186, 5.8.95, p.78).

Philippines E+W

186.   Commission Decision 95/190/EC (OJNo. L123, 3.6.95, p.20) as amended by Commission Decision 96/256/EC (OJNo. L86, 4.4.96, p.83).

Poland E+W

187.   Commission Decision 2000/676/EC (OJNo. L280, 4.11.2000, p.69).

Russia E+W

188.   Commission Decision 97/102/EC (OJNo. L35, 5.2.97, p.23).

Senegal E+W

189.   Commission Decision 96/355/EC (OJNo. L137, 8.6.96, p.24).

Seychelles E+W

190.   Commission Decision 99/245/EC (OJNo. L91, 7.4.1999, p.40).

Singapore E+W

191.   Commission Decision 94/323/EC (OJNo. L145, 10.6.94, p.19) as last amended by Commission Decision 2000/660/EC (OJNo. L276, 28.10.2000, p.85).

Slovenia E+W

192.   Commission Decision 2002/24/EC (OJNo. L11, 15.1.2002, p.20).

South Africa E+W

193.   Commission Decision 96/607/EC (OJNo. L269, 22.10.96, p.23).

Taiwan E+W

194.   Commission Decision 94/766/EC (OJNo. L305, 30.11.94, p.31) as last amended by Commission Decision 1999/529/EC (OJNo. L203, 3.8.1999, p.73).

Tanzania E+W

195.   Commission Decision 98/422/EC (OJNo. L190, 4.7.98, p.71).

Thailand E+W

196.   Commission Decision 94/325/EC (OJNo. L145, 10.6.94, p.30) as last amended by Commission Decision 97/563/EC (OJNo. L232, 23.8.97, p.12).

Tunisia E+W

197.   Commission Decision 98/570/EC (OJNo. L277, 14.10.98, p.36) as amended by Commission Decision 99/135/EC (OJNo. L44, 18.2.1999, p.58).

Turkey E+W

198.   Commission Decision 2002/27/EC (OJNo. L11, 15.1.2002, p.36).

Uganda E+W

199.   Commission Decision 2001/633/EC (OJNo. L221, 17.8.2001, p.45).

Uruguay E+W

200.   Commission Decision 96/606/EC (OJNo. L269, 22.10.96, p.18) as amended by Commission Decision 2002/20/EC (OJNo. L10, 12.1.2002, p.75).

Venezuela E+W

201.   Commission Decision 2000/672/EC (OJNo. L280, 4.11.2000, p.46).

Vietnam E+W

202.   Commission Decision 99/813/EC (OJNo. L315, 9.12.1999, p.39) as amended by Commission Decision 2000/331/EC (OJNo. L114, 13.5.2000, p.39).

Yemen E+W

203.   Commission Decision 99/528/EC (OJNo. L203, 3.8.1999, p.68).

G. E+W Special import conditions for bivalve molluscs

Australia E+W

204.   Commission Decision 97/427/EC (OJNo. L183, 11.7.97, p.38) as amended by Commission Decision 1999/531/EC (OJNo. L203, 3.8.1999, p.77).

Chile E+W

205.   Commission Decision 96/675/EC (OJNo. L313, 3.12.96, p.38).

Japan E+W

206.   Commission Decision 94/205/EC (OJNo. L99, 19.4.94, p.38) as amended by Commission Decision 95/81/EC (OJNo. L66, 24.3.95, p.24).

Jamaica E+W

207.   Commission Decision 2001/37/EC (OJNo. L10, 13.1.2001, p.64).

Korea E+W

208.   Commission Decision 95/453/EC (OJNo. L264, 7.11.95, p.35) as last amended by Commission Decision 2001/676/EC (OJNo. L236, 5.9.2001, p.18).

Morocco E+W

209.   Commission Decision 93/387/EC (OJNo. L166, 8.7.93, p.40) as last amended by Commission Decision 96/31/EC (OJNo. L9, 12.1.96, p.6).

Peru E+W

210.   Commission Decision 95/174/EC (OJNo. L116, 23.5.95, p.47).

Thailand E+W

211.   Commission Decision 97/562/EC (OJNo. L 232, 23.8.97, p.9).

Tunisia E+W

212.   Commission Decision 98/569/EC (OJNo. L 277, 14.10.98, p.31).

Turkey E+W

213.   Commission Decision 94/777/EC (OJNo. L312, 6.12.94, p.35) as last amended by Commission Decision 1999/767/EC (OJNo. L302, 25.11.1999, p.26).

Commission Decision 94/778/EC (OJNo. L312, 6.12.94, p.40) as last amended by Commission Decision 1999/767/EC (OJNo. L302, 25.11.1999, p.26).

Uruguay E+W

214.   Commission Decision 2002/19/EC (OJNo. L10, 12.1.2002, p.73).

Vietnam E+W

215.   Commission Decision 2000/333/EC (OJNo. L114, 13.5.2000, p.42).

H. E+W Protective measures — fishery products

Albania E+W

216.   Commission Decision 94/621/EC (OJNo. L246, 21.9.94, p.25) as last amended by Commission Decision 95/89/EC (OJNo. L70, 30.3.95, p.25)

China and Vietnam E+W

217.   Commission Decision 2001/699/EC (OJNo. L251, 20.9.2001, p.11).

Indonesia E+W

218.   Commission Decision 2001/705/EC (OJNo. L260, 28.9.2001, p.35).

Myanmar E+W

219.   Commission Decision 2002/249/EC (OJNo. L84, 28.3.2002, p.73).

Pakistan E+W

220.   Commission Decision 2002/62/EC (OJNo. L24, 25.1.2002, p.65).

Thailand E+W

221.   Commission Decision 2002/251/EC (OJNo. L84, 28.3.2002, p.77).

Vietnam E+W

222.   Commission Decision 2002/250/EC (OJNo. L84, 28.3.2002, p.75).

I. E+W Protective measures — bivalve molluscs

Peru E+W

Commission Decision 2001/338/EC (OJNo. L120, 28.4.2001, p.45) (bivalve molluscs).]

Regulation 2(1)

SCHEDULE 3 E+W DIRECTIVES WHICH COVER PRODUCTS OF ANIMAL ORIGIN

1.  Council Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat (OJ No. L 121, 29.7.1964, p. 2012) as amended and consolidated by Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p. 69) and last amended by Council Directive 95/23/EC (OJ No. L243, 11.10.95, p.7). E+W

2.  Council Directive 71/118/EEC on health problems affecting trade in fresh poultry meat (OJ No. L 55, 8.3.71, p. 23) as amended and updated by Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p.1) and last amended by Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 31). E+W

3.  Council Directive 72/461/EEC on health problems affecting intra-Community trade in fresh meat (OJ No. L302, 31.12.72, p. 24) as last amended by Council Directive 92/118/EEC (OJ No. L 62, 15.3.93, p.49). E+W

4.  Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (OJ No. L26, 31.1.77, p. 85) as amended and updated by Council Directive 92/5/EEC (OJ No. L57, 2.3.92, p. 1) and last amended by Council Directive 97/76/EC (OJ No. L 10, 16.1.98, p. 25). E+W

5.  Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products (OJ No. L47, 21.2.1980, p. 4), as last amended by Council Directive 91/687/EEC (OJ No. L377, 31.12.91, p. 16). E+W

6.  Council Directive 89/437/EEC on hygiene and health problems affecting the production and the placing on the market of egg products (OJ No. L212, 22.7.1989, p. 87), as last amended by Council Directive 96/23/EC (OJ No. L125, 25.5.96, p.10). E+W

7.  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 (OJ No. L224, 18.8.90, p.29), as last amended by Council Directive 92/118/EEC (OJ No. L62, 15.3.93, p.49). The relevant products covered are waste (pathogens) and hatching eggs. E+W

8.  Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No. L46, 19.2.1991, p. 1), as last amended by Council Directive 98/45/EC (OJ No. L189, 3.7.98, p.12). E+W

9.  Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs (OJ No. L268, 24.9.1991, p. 1), as last amended by Commission Decision 2002/226/EC (OJ No. L75, 16.3.02, p.65). E+W

10.  Council Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products (OJ No. L268, 24.9.1991, p.15), as last amended by Council Directive 97/79/EC (OJ No. L24, 30.1.98, p. 31). E+W

11.  Council Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat (OJ No. L268, 24.9.1991, p.35), as last amended by Council Directive 99/89/EC (OJ No. L300, 23.11.99, p. 17). E+W

12.  Council Directive 91/495/EEC concerning public health problems affecting the production and the placing on the market of rabbit meat and farmed game meat (OJ No. L268, 24.9.1991, p.41), as last amended by Council Directive 94/65/EC (OJ No. L368, 31.12.94, p. 10). E+W

13.  Council Directive 92/45/EEC on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (OJ No. L268, 14.9.1992, p.35), as last amended by Council Directive 97/79/EC (OJ No. L24, 30.1.98, p.31). E+W

14.  Council Directive 92/46/EEC laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJ No. L268, 14.9.1992, p. 1), as last amended by Council Directive 94/71/EC (OJ No. L368, 31.12.94, p. 33). E+W

15.  Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC, as last amended by Commission Decision 2001/7/EC (OJ No. L2, 5.1.2001, p.27). The principal products covered are— E+W

(1) Milk, milk products and colostrum not intended for human consumption

(2) Animal casings

(3) Certain hides and skins of ungulates

(4) Pet food containing low risk materials

(5) Bones and bone products, horns and horn products, hooves and hoof products

(6) Processed animal protein

(7) Blood and blood products of ungulates and poultry

(8) Serum from equidae

(9) Lard and rendered fats

(10) Raw material for the manufacture of animal feedingstuffs and pharmaceutical or technical products

(11) Rabbit meat and farmed game meat

(12) Apiculture products

(13) Game trophies

(14) Manure

(15) Unprocessed wool, hair, bristles, feathers and parts of feathers

(16) Imports from third countries of meat products obtained from poultry meat, farmed game meat, wild game meat and rabbit meat

(17) Snails intended for human consumption

(18) Frogs’ legs intended for human consumption

(19) Eggs

(20) Gelatine intended for human consumption

(21) Honey

(22) Meat of species not covered by specific requirements, including reptile meat and products thereof, intended for human consumption.

16.  Council Directive 94/65/EC laying down the requirements for the placing on the market of minced meat and meat preparations (OJ No. L368, 31.12.94, p.10). E+W

17.  Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep frozen semen of domestic animals of the bovine species (OJ No. L194, 22.7.88, p.10), as last amended by Council Directive 93/60/EEC (OJ No. L186, 28.7.93, p.28). E+W

18.  Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ No. L302, 19.10.89, p.1), as last amended by Commission Decision 94/113/EC (OJ No. L53, 24.2.94, p.23). E+W

19.  Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ No. L224, 18.8.90, p.62), as last amended by Commission Decision 2000/39/EC (OJ No. L13, 19.1.2000, p.21). E+W

Regulation 8(3)(c)

SCHEDULE 4 E+W EQUIVALENCE DECISIONS

1.  Council Decision 1999/201/EEC on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (OJ No. L71, 18.3.1999, p.1). E+W

2.  Council Decision 98/250/EC on the conclusion of a Protocol concerning sanitary, phytosanitary and animal welfare measures in relation to trade to the Europe Agreement between the European Communities and their member States, of the one part, and the Czech Republic, of the other part (OJ No. L106, 6.4.98, p.1). E+W

3.  Council Decision 97/132/EC on the conclusion of the Agreement between the European Community and New Zealand and sanitary measures applicable to trade in live animals and animal products (OJ No. L57, 26.2.97, p.4), as last amended by Council Decision 1999/837/EC (OJ No. L332, 23.12.99, p.1). E+W

Regulation 49

SCHEDULE 5 E+W CALCULATION OF CHARGES FOR VETERINARY CHECKS

PART 1 E+W COSTS COVERED BY THE CHARGES

1.  For the purposes of this Schedule “the actual cost” of the veterinary checks carried out on a consignment at a border inspection post means the aggregate of— E+W

(1) the proportion properly attributable to those veterinary checks of the cost of any items listed in paragraph 2 below which relate partly to those veterinary checks; and

(2) the full cost of any items listed in paragraph 2 below which relate wholly to those veterinary checks.

2.  The items referred to in paragraph 1 above are the following— E+W

(1) the salaries and fees, together with overtime payments and employers’ national insurance and superannuation contributions, of all staff directly involved in carrying out veterinary checks, and of all staff engaged in the management or administration of veterinary checks, at the border inspection post;

(2) recruiting and training the staff referred to in item 1;

(3) travel and related incidental expenses incurred in carrying out the veterinary checks, except where incurred by a person attending his or her normal place of work;

(4) office accommodation, equipment and services for staff involved in carrying out veterinary checks at the border inspection post, including depreciation of office furniture and equipment and the cost of information technology, stationery and forms;

(5) protective clothing and equipment used in carrying out the veterinary check;

(6) laundering the protective clothing referred to in item 5;

(7) sampling, and testing and analysing samples (except sampling and testing for the presence of salmonella);

(8) routine invoicing and collection of charges for veterinary checks at the border inspection posts; and

(9) providing payroll and personnel services in connection with the employment of staff carrying out veterinary checks at the border inspection post.

PART II E+W CONSIGNMENTS FROM SPECIFIED THIRD COUNTRIES

The charge for veterinary checks carried out on a consignment introduced into the customs territory of the Community from a third country listed in column 1 below shall be the amount specified in column 3 below.

1	2	3
Third Country	Product	Amount of charge
The Czech Republic	All products except fish	3 euro for each tonne of the consignment, subject to a minimum of 30 euro and a maximum of 350 euro*
	Fish	50% of the charge calculated in accordance with Part IV of this Schedule
New Zealand	All products	1.5 euro for each tonne of the consignment, subject to a minimum of 30 euro and a maximum of 350 euro*

* Where the actual cost of the veterinary checks on a consignment exceeds 350 euro, the amount of the charge shall be the actual costs.

PART III E+W MEAT AND MEAT PRODUCTS

The charge for veterinary checks carried out on a consignment (other than a consignment to which Part II of this schedule applies) covered by—

(1) Chapter III of Council Directive 71/118/EEC on health problems affecting trade in fresh poultry meat (OJ No. L55, 8.3.71, p.23), as amended and updated by Council Directive 92/116/EEC, OJ No. L62, 15.3.93, p.1) and last amended by Council Directive 97/79/EC), (OJ No. L24, 30.1.98, p.31).

(2) Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries (OJ No. L302, 31.12.72, p.28, as last amended by Council Regulation (EC) No. 1452/2001, (OJ No. L198, 21.7.2001, p.11).

(3) Chapter III of Council Directive 92/45/EEC on public health and animal health problems relating to the killing of wild game and the placing on the market of the wild game meat (OJ No. L268, 14.9.92, p.35), as last amended by Council Directive 97/79/EC, (OJ No. L24, 30.1.98, p.31), or

(4) Chapter 11 of Annex I to Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC, as last amended by Commission Decision 2001/7/EC (OJ No. L2, 5.1.2001, p.27)

shall be—

(i) 30 euro,

(ii) 5 euro per tonne of the consignment, or

(iii) the actual cost of the veterinary checks carried out on the consignment,

whichever is the greatest.

PART IV E+W FISHERY PRODUCTS

The charge for veterinary checks carried out on a consignment of fishery products falling under Chapter II of Council Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products (OJ No. L268, 24.9.91, p. 15), as last amended by Council Directive 97/79/EC, (OJ No. L24, 30.1.98, p.31) other than a consignment to which Part II of this Schedule applies shall be—

(i) 30 euro,

(ii) 5 euro per tonne of the consignment for the first 100 tonnes plus—

(a) 1.5 euro per additional tonne if the consignment has undergone no preparation other than gutting; or

(b) 2.5 euro per additional tonne in other cases;

or

(iii) the actual cost of the veterinary check carried out on the consignment,

whichever is the greatest.

PART V E+W ALL OTHER PRODUCTS

The charge for veterinary checks carried out on a consignment, other than a consignment to which Part II, III or IV of this Schedule applies, shall be the actual cost of the veterinary checks carried out on the consignment.

Regulations 56 and 57

SCHEDULE 6 E+W OFFENCE PROVISIONS

PART I E+W PROVISIONS WHERE DUE DILIGENCE DEFENCE IS AVAILABLE

Regulations— E+W

15 (Prohibition of non-conforming products)

16 (Introduction of products at border inspection posts)

17 (Advance notice of introduction or presentation)

18(1) and (2) (Presentation of products at border inspection posts)

20(1) (Certificate of veterinary clearance to accompany consignment)

29(2) (Disposal of unused catering supplies)

33(3) and (4) (Products transported under supervision)

34(2), (4) and (5) (Transhipment of products intended for import)

36 (Prior authorisation of transit)

38(2)(a) and (c) (Movement of transit products)

41(1) (Additional information for products intended for warehouses)

47(3) (Movement of returned products)

PART II E+W PROVISIONS WHERE DUE DILIGENCE DEFENCE IS NOT AVAILABLE

Regulations— E+W

18(3) and (4) (presentation of documents with products)

19 (Veterinary checks)

20(2) (Retention of certificate of veterinary clearance)

21(4) (Storage of products which fail veterinary checks)

23(5) (Products containing unauthorised substances and excess residues)

26(3) (Serious or repeated infringements)

27 (Invalidation of veterinary documents)

30 (Retention of documents at border inspection posts)

31 (Evidence of certification of, and payment for, veterinary checks)

32 (Products not intended for the United Kingdom)

33(2) (Removal of products transported under supervision)

33(5) and (6) (Products transported under supervision)

34(3), (6) and (7) (Veterinary checks on transhipped products)

37 (Physical check of transit products)

38(1), (2)(b) and (3) (Movement of transit products)

39 (Disposal of returned transit products)

42 (Physical check of non-conforming products)

43 (Exclusion of non-conforming products from warehouses)

45 (Additional documentation for returned products)

46 (Physical check of returned products)

47(1), (2), (4) and (5) (Movement of returned products)

54(4) and (5) (Disease outbreaks in third countries)

55(1) (Obstruction)

Regulation 63

SCHEDULE 7 E+W DISAPPLICATION OF PROVISIONS

1	2	3
Instrument	Reference	Extent of Disapplication
The Imported Food Regulations 1984	S.I. 1984/1918, as amended by S.Is. 1990/2371, and 2486, 1997/2537 and 2000/656	The whole Regulations
The Products of Animal Origin (Import and Export) Regulations 1996	S.I. 1996/3124, as amended by S.I. 1997/3023, 1998/994, 2000/656 and 2257(W.150), 2001/1660 (W.119) and 2219 (W.159), and 2002/47 (W.6).	Regulations 2, 3 to 8, 19 to 39, 40(1), Schedule 4 and Part I of Schedule 5
The Fresh Meat (Import Conditions) Regulations 1996	S.I. 1996/3125	Regulation 14(2) and (4)
The Miscellaneous Products of Animal Origin (Import Conditions) Regulations 1999	S.I. 1999/157	Regulation 4

Regulation 64

SCHEDULE 8 E+W CONSEQUENTIAL AMENDMENTS

The Dairy Products (Hygiene) Regulations 1995 (S.I. 1995/1086, as amended by S.I. 1996/1699) E+W

1.   

(1) In regulation 2 (Interpretation)—

(a) in paragraph (1) the definition of “Commission Decision 95/340” shall be omitted; and

(b) in paragraph (2) for the words “Decisions 95/165 and 95/340”, there shall be substituted the words “ Decision 95/165 ”.

(2) For Regulation 22 (Imports from third countries and EEA States), there shall be substituted the following regulation—

“ Imports from third countries

22.   No person shall import into Wales for sale for human consumption from a third country—

(a) any drinking milk which is raw cow’s milk, or

(b) any thermised cow’s milk.”.

The Fresh Meat (Import Conditions) Regulations 1996 (S.I. 1996/3125) E+W

2.   

(1) In paragraph (2) of regulation 1 (Citation, extent, commencement and interpretation) for the definition of “border inspection post” there shall be substituted the following definition—

““border inspection post” has the meaning given by Article 2(2)(g) of Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries ”M32

Marginal Citations

M32 I'w llenwi gan y mewnforiwr neu ei gynrychiolydd.

The Imported Food Regulations 1997 (S.I. 1997/2537) E+W

3.  At the end of Schedule 1 (Exempt products of animal origin) there shall be added the following—

“21.   Processed animal protein intended for human foodstuffs, covered by Chapter 6 of Annex I to Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC” M33

Marginal Citations

M33 I'w llenwi drwy dicio'r cofnod sy'n gymwys a dileu'r lleill.

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement for Wales Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ No. L24, 30.1.98, p.9). The Directive applies to products of animal origin — meat, fish (including shellfish), milk and products made from these, together with egg products and a large number of animal by-products, including casings, skins, bones and blood. When read with Annex I to the Agreement on the European Economic Area (OJ No. L1, 3.1.94, p.3, as amended) the Directive requires that products of animal origin which enter the European Economic Area must undergo specified veterinary checks at border inspection posts to ensure that they comply with requirements laid down by Community legislation for the protection of animal and public health.

The products to which the Regulations apply are defined in regulation 2(1) and Schedule 3 and the requirements with which they must comply are listed, by reference to the relevant Community legislation, in Schedule 2. Small quantities of products intended for personal use, and trade samples and products intended for exhibition or study or analysis are exempt from all but a few of the Regulations (regulation 3).

Regulation 4 defines the authorities who will enforce the Regulations. Usually these will be port health authorities, which must appoint official veterinary surgeons and official fish inspectors to conduct veterinary checks at each border inspection post in their area (regulation 6). Regulations 7, 8 and 9 confer the necessary enforcement powers.

Part III establishes the inspection system which will apply to the generality of products. The introduction into Wales of products which do not comply with the Schedule 2 requirements is prohibited, unless they are being transported across Wales (regulation 15). Products must be introduced at border inspection posts, advance notice of their introduction must be given, and they must be made available for inspection, together with required documentation, at a border inspection post (regulations 16 to 19). Regulations 21 to 28 deal with products which are rejected at inspection, are introduced illegally, or present a risk to animal or public health.

Parts IV to VIII lay down special provisions which apply to particular categories of product (on-board catering supplies, products intended for free circulation in the Community, products in transit across Wales, products intended for warehousing under particular customs regimes, and products exported from the Community and then returned to it).

Part IX deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part X confers on the National Assembly and the Food Standards Agency power to prohibit the introduction of products into Wales from non-EEA countries in which there is an outbreak of animal disease; Part XI establishes offences and penalties; and Part XII deals with the form and service of notices and with notification of decisions.

The provisions of the Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124, as amended) which apply to products imported from third countries are disapplied in relation to Wales (regulation 63(2)).

A Regulatory Impact Assessment has been prepared on an UK basis and placed in the Libraries of the National Assembly and of each House of Parliament , together with a Transposition Note setting out how the main elements of Directive 97/78/EC are implemented in these Regulations. Copies may be obtained from the Animal Health Division of the Welsh Assembly Government, Cathays Park, Cardiff.