Commission Regulation (EU) No 28/2012Show full title

Article 1 U.K. Subject matter

This Regulation lays down rules on the certification of consignments of certain composite products introduced into [F1 Great Britain] from third countries.

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(2) (with regs. 69-71)

Article 2 U.K. Definitions

For the purposes of this Regulation, the definitions in Article 2 of Decision 2007/275/EC shall apply.

[F2 In this Regulation:

— “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by:

(a)

in relation to Wales, the Welsh Ministers;

(b)

in relation to Scotland, the Scottish Ministers;

— “third country” means any country or territory other than the British Islands.]

Textual Amendments

F2 Words in Art. 2 inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(3) (with regs. 69-71)

Article 3 U.K. Imports of certain composite products

1. Consignments of the following composite products [F3 from third countries] introduced into [F4 Great Britain] shall come from a third country or part thereof authorised for the introduction into [F4 Great Britain] of consignments of the products of animal origin contained in those composite products and the products of animal origin used for the production of such composite products shall originate from establishments in compliance with Article 6.1(b) of Regulation (EC) No 853/2004:

(a) composite products containing processed meat products, as referred to in Article 4(a) of Decision 2007/275/EC;

(b) composite products containing processed milk products and covered by Article 4(b) and (c) of Decision 2007/275/EC;

(c) composite products containing half or more of their substance of processed fishery or egg products and covered by Article 4(b) of Decision 2007/275/EC.

2. Consignments of composite products referred to in paragraph 1 shall be accompanied by a health certificate [F5 , in the form published by the appropriate authority from time to time,] and comply with the conditions established in such certificates.

3. Consignments of composite products containing half or more of their substance of products of animal origin other than those referred to in paragraph 1 shall come from a third country or part thereof authorised for the introduction into [F6 Great Britain] of consignments of the products of animal origin contained in those composite products and shall be accompanied [F7 by the relevant health certificate] for those products of animal origin or by a commercial document where there is no certificate so required.

Textual Amendments

F3 Words in Art. 3(1) inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(4)(a)(i) (with regs. 69-71)

F4 Words in Art. 3(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(4)(a)(ii) (with regs. 69-71)

F5 Words in Art. 3(2) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(4)(b) (with regs. 69-71)

F6 Words in Art. 3(3) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(4)(c)(i) (with regs. 69-71)

F7 Words in Art. 3(3) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(4)(c)(ii) (with regs. 69-71)

Article 4 U.K. Transit and storage of certain composite products

The introduction into [F8 Great Britain] of consignments of composite products referred to in Article 3(1)(a) and (b) not intended for importation into the Union but destined for a third country either by immediate transit or after storage in [F8 Great Britain], in accordance with [F9 Commission Delegated Regulation (EU) 2019/2124], shall only be authorised if the consignments comply with the following conditions:

(a)

they come from a third country or part thereof authorised for the introduction into [F10 Great Britain] of consignments of the products of animal origin contained in those composite products and comply with the appropriate treatment conditions for such products, as provided for in Commission Decision 2007/777/EC(1) and Commission Regulation (EU) No 605/2010(2) for the product of animal origin concerned;

(b)

they are accompanied by a health certificate [F11 , in the form published by the appropriate authority from time to time];

(c)

they comply with the specific animal health requirements for the importation into [F12 Great Britain] of the products of animal origin contained in the composite products concerned, as set out in the animal health attestation in the model health certificate referred to in point (b);

(d)

they are certified as acceptable for transit, including for storage as appropriate, on the [F13 common health entry document, as referred to in Article 2(3) of Commission Implementing Regulation (EU) 2019/2130, signed by the official veterinarian of the border control post].

Textual Amendments

F8 Words in Art. 4 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(5)(a)(i) (with regs. 69-71)

F9 Words in Art. 4 substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(5)(a)(ii) (with regs. 69-71)

F10 Words in Art. 4(a) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(5)(b) (with regs. 69-71)

F11 Words in Art. 4(b) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(5)(c) (with regs. 69-71)

F12 Words in Art. 4(c) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(5)(d) (with regs. 69-71)

F13 Words in Art. 4(d) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(5)(e) (with regs. 69-71)

F14 Article 5 U.K. Derogation for transit of consignments coming from and destined to Russia

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Art. 5 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(6) (with regs. 69-71)

F16 [F15 Article 5a] U.K. Derogation for transit through Croatia of consignments coming from Bosnia and Herzegovina and destined to third countries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Inserted by Commission Implementing Regulation (EU) No 556/2013 of 14 June 2013 amending Regulations (EC) No 798/2008, (EU) No 206/2010, (EU) No 605/2010 and (EU) No 28/2012 as regards the transit of certain products of animal origin from Bosnia and Herzegovina (Text with EEA relevance).

F16 Art. 5a omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(6) (with regs. 69-71)

Article 6 U.K. Amendment to Decision 2007/275/EC

Article 5 of Decision 2007/275/EC is deleted.

Article 7 U.K. Amendment to Regulation (EC) No 1162/2009

In Regulation (EC) No 1162/2009, the first subparagraph of Article 3(2) is replaced by the following:

‘2. By way of derogation from Article 6(4) of Regulation (EC) No 853/2004, food business operators importing food containing both products of plant origin and processed products of animal origin, other than those referred to in Article 3(1) of Regulation (EU) No 28/2012(3), shall be exempt from the obligation provided for in that Article.’

F17 Article 8 U.K. Transitional provision

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Textual Amendments

F17 Art. 8 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(6) (with regs. 69-71)

Article 9 U.K. Entry into force and application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 March 2012.

F18 ...

Textual Amendments

F18 Words in Signature omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 61(6) (with regs. 69-71)