2009 No. 130
Agriculture

The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009

Made
Coming into operation
The Department of Agriculture and Rural Development is a Department designated1 for the purposes of making Regulations under section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Community.

These Regulations make provision for a purpose mentioned in that section and it appears to the Department that it is expedient for the references to the legislation set out in the Schedule to be construed as references to that legislation as amended from time to time.

The Department makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Citation and commencement1.

These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 17th April 2009.

Interpretation2.

The Interpretation Act (Northern Ireland) 19543 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 20073.

(1)

The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 20074 are amended as follows.

(2)

In regulation 2(1), in the definition of “product” in sub-paragraph (b)(iv), for the word “quality” substitute the word “quantity”.

(3)

In paragraph (1)(c) of regulation 5 (enforcement authorities, exchange of information and powers to give directions), for the word “area” substitute the word “district”.

(4)

In paragraph (1)(b) of regulation 7 (exercise of enforcement powers), for “to regulation 60” substitute “regulation 61”.

(5)

In paragraph (a)(i) of regulation 64 (contraventions), for “8(2)” substitute “8(3)”.

(6)

For Schedule 1 substitute the Schedule to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 20th March 2009

C. McMaster
A senior officer of the Department of Agriculture and Rural Development

SCHEDULE

Regulation 3(6)

“SCHEDULE 1IMPORT CONDITIONS

Regulation 2(1), 4(7),21, 36, 37(1) and (6)

PART IPROVISIONS COMMON TO SEVERAL CATEGORIES OF PRODUCT

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 origin5.

2.

Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products6.

3.

Commission Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC7.

4.

Commission Decision 2005/34/EC laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries 8.

5.

Commission Regulation (EC) No.1881/2006 setting maximum levels for certain contaminants in foodstuffs9.

6.

Council Regulation (EC) No.733/2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station10.

7.

Commission Regulation (EC) No.1609/2000 establishing a list of products excluded from the application of Council Regulation (EEC) No.737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station11

Transmissible spongiform encephalopathies

8.

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 encephalopathies12.

9.

Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk 13.

Health certificates for imports of products of animal origin

10.

Commission Decision 2007/240/EC laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decision 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC, 2006/168/EC14.

Health certification for animal products from New Zealand

11.

Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand15.

Animal and public health rules on imports of products of animal origin for human consumption

12.

Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption16.

13.

Regulation (EC) No.178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety17.

14.

Council Regulation (EC) No.183/2005 laying down requirements for feed hygiene18.

15.

Council Regulation (EC) No.396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin19.

16.

Regulation (EC) No.853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin20.

17.

Regulation (EC) No.854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption21.

18.

Regulation (EC) No.882/2004 of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules22.

19.

Commission Regulation (EC) No.2073/2005 on microbiological criteria for foodstuffs23.

20.

Commission Regulation (EC) No.2074/2005 laying down implementing measures for certain products under Regulation (EC) No.853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation 882/2004 of the European Parliament and of the Council, derogating from Regulation 852/2004 of the European Parliament and of the Council24.

21.

Commission Regulation (EC) No.2075/2005 laying down specific rules on official controls for Trichinella in meat25.

22.

Commission Regulation (EC) No.2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No.853/2004, (EC) No.854/2004 and (EC) No.882/2004 of the European Parliaments and of the Council26.

PART IIFRESH MEAT OF BOVINE, OVINE AND CAPRINE ANIMALS AND SWINE

Third countries and health certification requirements for imports of fresh meat

1.

Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorise imports of bovine animals, swine and fresh meat27.

Argentina

2.

Commission Decision 81/91/EEC on the list of establishments in the Argentine Republic approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community28.

Australia

3.

Commission Decision 83/384/EEC on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community29.

Botswana

4.

Commission Decision 83/243/EEC on the list of establishments in the Republic of Botswana approved for the purposes of importing fresh meat into the Community30.

Brazil

5.

Commission Decision 81/713/EEC on the list of establishments in the Federative Republic of Brazil approved for the purpose of importing fresh beef and veal and meat of domestic solipeds into the Community31.

Canada

6.

Commission Decision 87/258/EEC on the list of establishments in Canada approved for the purpose of importing fresh meat into the Community32.

Chile

7.

Commission Decision 87/124/EEC on the list of establishments in Chile approved for the purpose of importing fresh meat into the Community33.

Croatia

8.

Commission Decision 93/26/EEC on the list of establishments in the Republic of Croatia approved for the purpose of importing fresh meat into the Community34.

The Falkland Islands

9.

Commission Decision 2002/987/EC on the list of establishments in the Falkland Islands approved for the purpose of importing fresh meat into the Community35.

Greenland

10.

Commission Decision 85/539/EEC on the list of establishments in Greenland approved for the purpose of importing fresh meat into the Community36.

Iceland

11.

Commission Decision 84/24/EEC on the list of establishments in Iceland approved for the purposes of importing fresh meat into the Community37.

Former Yugoslav Republic of Macedonia

12.

Commission Decision 95/45/EC on the list of establishments in the former Yugoslav Republic of Macedonia approved for the purpose of importing fresh meat into the Community 38.

Madagascar

13.

Commission Decision 90/165/EEC on the list of establishments in Madagascar approved for the purpose of importing fresh meat into the Community39.

Mexico

14.

Commission Decision 87/424/EEC on the list of establishments in the United Mexican States approved for the purpose of importing fresh meat into the Community40.

Morocco

15.

Commission Decision 86/65/EEC on the list of establishments in Morocco approved for the purpose of importing fresh meat into the Community41.

Namibia

16.

Commission Decision 90/432/EEC on the list of establishments in Namibia approved for the purpose of importing fresh meat into the Community42.

New Caledonia

17.

Commission Decision 2004/628/EC on the list of establishments in New Caledonia from which Member States may authorise importation of fresh meat into the Community43.

New Zealand

18.

Commission Decision 83/402/EEC on the list of establishments in New Zealand approved for the purposes of importing fresh meat into the Community44.

Paraguay

19.

Commission Decision 83/423/EEC on the list of establishments in the Republic of Paraguay approved for the purpose of importing fresh meat into the Community45.

South Africa

20.

Commission Decision 82/913/EEC on the list of establishments in the Republic of South Africa and Namibia approved for the purpose of importing fresh meat into the Community46.

Swaziland

21.

Commission Decision 82/814/EEC on the list of establishments in the Kingdom of Swaziland approved for the purpose of importing fresh meat into the Community47.

Switzerland

22.

Commission Decision 82/734/EEC on the list of establishments in the Swiss Confederation approved for the purposes of exporting fresh meat to the Community48.

United States of America

23.

Commission Decision 87/257/EEC on the list of establishments in the United States of America approved for the purpose of importing fresh meat into the Community49.

Uruguay

24.

Commission Decision 81/92/EEC on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community50.

Federal Republic of Yugoslavia

25.

Commission Decision 98/8/EEC on the list of establishments in the Federal Republic of Yugoslavia approved for the purpose of importing fresh meat into the Community51.

Zimbabwe

26.

Commission Decision 85/473/EEC supplementing, by the addition of Zimbabwe, the list of third countries from which Member States authorize imports of bovine animals, swine and fresh meat52.

Health certificates - Canada

27.

Commission Decision 2005/290/EC on simplified certificates for the importation of bovine semen and fresh pig meat from Canada53.

PART IIIMEAT PRODUCTS

Third countries and health certification requirements for imports of meat products

1.

Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries54.

Third country establishments from which meat products may be imported

Argentina

2.

Commission Decision 86/414/EEC the list of establishments in Argentina approved for the purpose of importing meat products into the Community55.

Botswana

3.

Commission Decision 94/465/EC on the list of establishments in Botswana approved for the purpose of importing meat products into the Community56.

Brazil

4.

Commission Decision 87/119/EC on the list of establishments in Brazil approved for the purpose of importing meat products into the Community57.

Namibia

5.

Commission Decision 95/427/EC on the list of establishments in the Republic of Namibia approved for the purpose of importing meat products into the Community58.

Uruguay

6.

Commission Decision 86/473/EEC on the list of establishments in Uruguay approved for the purpose of importing meat products into the Community59.

Zimbabwe

7.

Commission Decision 94/40/EC on the list of establishments in Zimbabwe approved for the purpose of importing meat products into the Community60.

Miscellaneous third countries

8.

Commission Decision 97/365/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of products prepared from meat of bovine animals, swine, equidae and sheep and goats61.

9.

Commission Decision 97/569/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of meat products62.

PART IVMILK AND DAIRY PRODUCTS

Third countries and health certification requirements for imports of milk and milk-based products

1.

Commission Decision 2004/438/EC laying down animal and public health and veterinary certification conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption63.

Third country establishments from which milk and milk-based products may be imported

2.

Commission Decision 97/252/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of milk and milk products for human consumption64.

PART VFRESH POULTRYMEAT

General

1.

Commission Regulation 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements65.

Third country establishments from which fresh poultrymeat may be imported

2.

Commission Decision 97/4/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of fresh poultrymeat66.

PART VIWILD GAME MEAT

General

1.

Commission Regulation (EC) 119/2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements67.

Third country establishments from which game meat may be imported

2.

Commission Decision 97/468/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of wild game meat68.

PART VIIMINCED MEAT AND MEAT PREPARATIONS

Health certification requirements

1.

Commission Decision 2000/572/EC laying down animal and public health conditions and veterinary certification for imports of minced meat and meat preparations from third countries69 (meat preparations).

2.

Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine and fresh meat70 (minced meat).

Third country establishments from which minced meat and meat preparations may be imported

3.

Commission Decision 1999/710/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of minced meat and meat preparations 71.

PART VIIIMISCELLANEOUS PRODUCTS

General

1.

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/EEC72.

Third countries from which products covered by Council Directive 92/118/EEC may be imported

2.

Commission Decision 2003/812/EC drawing up lists of third countries from which Member States are to authorise imports of certain products for human consumption subject to Council Directive 92/118/EEC 73.

Third country establishments from which products covered by Council Directive 92/118/EEC may be imported

3.

Commission Decision 97/467/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of rabbit meat and farmed game meat74.

4.

Commission Decision 99/120/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of animal casings75.

5.

Commission Decision 2001/396/EC amending Decision 97/467/EC drawing up provisional lists of third country establishments from which Member States authorise imports of rabbit meat and farmed game meat, with respect to imports of ratite meat76

6.

Commission Decision 2001/556/EC drawing up provisional lists of third country establishments from which Member States authorise imports of gelatine intended for human consumption77.

Health certification requirements

7.

Commission Regulation (EC) 119/2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements78.

8.

Commission Decision 2003/779/EC laying down animal health requirements and the veterinary certification for the import of animal casings from third countries 79.

9.

Commission Decision 2003/863/EC on health certificates for the importation of animal products from the United States of America80) (gelatine and collagen from the USA).

10.

Commission Regulation (EC) No.2074/2005 laying down implementing measures for certain products under Regulation (EC) No.853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation (EC) No.882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No.852/2004 of the European Parliament and of the Council and amending Regulations (EC) No.853/2004 and (EC) No. 854/2004 81.

Animal by-products

11.

Regulation (EC) No.1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption82.

12.

Regulation (EC) No.878/2004 laying down transitional measures in accordance with Regulation (EC) No.1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes83.

13.

Commission Decision 2004/407/EC on transitional sanitary and certification rules under Regulation (EC) No.1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine84.

14.

Commission Regulation (EC) No. 2007/2006 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain intermediate products derived from Category 3 material intended for technical used in medical devices, in vitro diagnostics and laboratory reagents and amending that Regulation85.

15.

Council Regulation 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur86.

Hay and straw (third countries from which imports are permitted)

16.

Commission Regulation (EC) No.136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries87.

Composite products

17.

Commission Decision 2007/275 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496 and 97/78/EC88.

PART IXGENETIC MATERIAL

Bovine material

1.

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 species89

2.

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 species90.

3.

Commission Decision 2008/155/EC establishing a list of embryo collection and production teams in third countries approved for import of bovine embryos into the Community91.

4.

Commission Decision 2004/639/EC laying down the importation conditions of semen of domestic animals of the bovine species92.

5.

Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos93.

Porcine material

6.

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 species94.

7.

Commission Decision 2002/613/EC laying down the importation conditions of semen of domestic animals of the porcine species95.

8.

Commission Decision 2008/636/EC establishing the list of third countries from which Member States authorise imports of ova and embryos of the porcine species96.

Ovine and caprine material

9.

Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC97.

10.

Commission Decision 2008/635/EC on imports of semen ova and embryos of the ovine and caprine species into the Community as regards lists of third countries and of semen collection centres and embryo collection teams, and certification requirements98.

Equine material

11.

Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC99.

12.

Commission Decision 96/539/EC on animal health requirements and veterinary certification for imports into the Community of semen of the equine species100.

13.

Commission Decision 96/540/EC on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species101

14.

Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise import of live equidae and semen, ova and embryos of the equine species102.

15.

Commission Decision 2004/616/EC establishing the list of approved semen collection centres for imports of equine semen from third countries103.

Fish material

16.

Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals104.

PART XFISHERY PRODUCTS

General provisions

1.

Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals105.

2.

Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption106.

3.

Commission Regulation (EC) No 1251/2008 as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species107.

4.

Commission Decision 2004/453/EC implementing Council Directive 91/67/EC as regards measures against certain diseases in aquaculture animals108.

Health certification

5.

Commission Regulation (EC) No 1251/2008 as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species109.

6.

Commission Regulation (EC) No.2074/2005 laying down implementing measures for certain products under Regulation (EC) No.853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation (EC) No.882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No.852/2004 of the European Parliament and of the Council and amending Regulations (EC) No.853/2004 and (EC) No. 854/2004110

Third countries from which fishery products may be imported

7.

Commission Regulation (EC) No.2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No.854/2004 and (EC) No.882/2004 of the European Parliaments and of the Council111

8.

Commission Decision 2006/766/EC establishing lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted112.

Special import conditions for fishery products

United States of America

9.

Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America113.

PART XIINTERPRETATION OF THIS SCHEDULE

All references to Community legislation in this Schedule are references to that legislation as amended from time to time.”

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations replace Schedule 1 to the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007. The new Schedule incorporates a number of new and amended pieces of Community legislation that have come into force since those Regulations came into operation.

The Regulations provide that references to the legislation set out in the new Schedule I are to be construed as references to the legislation as amended from time to time.

Regulation 3 also makes some minor corrections to the 2007 Regulations.

An Impact Assessment has not been prepared for this rule as no impact on business, charities or voluntary bodies is foreseen.