Explanatory Note
(This note is not part of the Regulations)
These Regulations, which apply to Scotland, revoke in relation to Scotland, and re-enact with certain changes, the Animal Feedingstuffs from Belgium (Control) Regulations 1999 (S.I.1999/1543) as amended by the Animal Feedingstuffs from Belgium (Control) (Amendment) Regulations 1999 (S.I.1999/1764) (“the revoked sets of Regulations”) both of which applied to Great Britain. The Order also implements in Scotland, in relation to animal consumption Commission Decision 1999/449/EC (“the Decision”) on protective measures with regard to contamination by dioxins of certain products of animal origin intended for human or animal consumption (OJ No. L175, 10.7.1999, p.70) which consolidates with changes Commission Decision 1999/363/EC (OJ No. L141, 4.6.1999, p.24) and Commission Decision 1999/389/EC (OJ No. L147, 12.6.1999, p.26) as amended, in both cases, by Commission Decision 1999/390/EC (OJ No. L147, 12.6.1999, p.29) and Commission Decision 1999/419/EC (OJ No. L159, 25.6.1999, p.60).
Like the revoked sets of Regulations, these Regulations define ‘controlled entity’ (regulation 1), prohibit (subject to exceptions (regulation 2)) the carrying out of specified operations in relation to controlled entities (regulation 3), specify the enforcement authorities (article 4) and apply with modifications provisions of the Food Safety Act 1990 (article 5).
In addition to making minor and drafting changes to the revoked sets of Regulations, the Regulations, by referring to the Decision, make the following changes of substance–
(a)the definition of “controlled entity” now reflects–
(i)modifications made by the Decision as regards the list of products of Belgian origin subject to the controls contained in it; in particular, compound feedstuffs and pre-mixtures are added;
(ii)the fact that, under the Decision, the rearing period for continuing controls applicable to products from pigs and bovine animals is now closed at 3rd June 1999;
(iii)the fact that, in relation to feed products derived from particular animal products, the controls contained in the Decision no longer apply where analysis shows that the level of contamination by dioxins does not exceed the relevant maximum level for PCB set out in Annex A to the Decision;
(b)there is a variation in the certification required for the importation of products from Belgium; and
(c)the circumstances in which controlled feed products may be returned to Belgium now call for information in relation to the return to be exchanged between authorities by fax, and only apply where Belgian authorities are unable to certify the origin of suspect goods under the Decision.