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The Specified Products from China (Restriction on First Placing on the Market) (England) (Amendment) Regulations 2013

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Amendment of the Specified Products from China (Restriction on First Placing on the Market) (England) Regulations 2008

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2.—(1) The Specified Products from China (Restriction on First Placing on the Market) (England) Regulations 2008(1) are amended in accordance with paragraphs (2) to (4).

(2) In paragraph (1) of regulation 2 (interpretation), for the definition of “the Commission Decision” substitute the following definition —

“the Commission Decision” means Commission Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC(2), as amended by Commission Implementing Decision 2013/287/EU(3);.

(3) For paragraph (1) of regulation 3 (restriction on placing on the market of specified products), substitute the following —

3.(1) The placing on the market of any specified product is prohibited unless —

(a)in relation to the product —

(i)the requirement contained in Article 3.2 of the Commission Decision, in respect of products containing, consisting of or produced from rice, to transmit a common entry document or common veterinary entry document, as appropriate, with relevant parts completed, has been met, and

(ii)the conditions specified in Article 4 of the Commission Decision have been complied with; and

(b)where the consignment of the specified product has been split following official control, an authenticated copy of the health certificate and the analytical report accompanies each part of the split consignment..

(4) For regulation 8 (transitional provision) substitute the following —

8.(1) In this regulation, paragraph (2) applies to specified products other than those which correspond to CN Codes 1905 90 60, 1905 90 90 or 2103 90 90, and paragraph (3) applies only to specified products which correspond to those CN Codes.

(2) Until 5th August 2013, the prohibition in regulation 3(1) does not apply in relation to a specified product, provided that —

(a)the product arrived in the EU before 4th July 2013, and

(b)the placing on the market of the product would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Specified Products from China (Restriction on First Placing on the Market) (England) (Amendment) Regulations 2013.

(3) Until 5th October 2013, the prohibition in regulation 3(1) does not apply.

(1)

S.I. 2008/1079. These Regulations were amended by S.I. 2012/47.

(2)

OJ No. L343, 23.12.2011, p.140.

(3)

OJ No. L162, 14.6.2013, p.10.

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