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84.—(1) Subject to paragraphs (2) and (3), for the purpose of determining, by means of analysis of a part of a sample taken in the course of the carrying out of official checks, whether a substance—
(a)of a class or description listed in column 1 of Part I of Schedule 5, or
(b)to which the method of analysis set out in Part II, or the method set out in Part III, of that Schedule, relates,
is present in that part, or what quantity or proportion of such a substance is present therein,
(i)the provisions specified, in the case of Great Britain, in Part I of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 or, in the case of Northern Ireland, in Part I of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) (Northern Ireland) Regulations 1999, under the heading “GENERAL PROVISIONS”, shall have effect, in the like manner as they have effect under the Regulations in question in relation to feeding stuffs;
(ii)in relation to a substance of a class or description listed in column 1 of Part I of Schedule 5, the relevant method of analysis set out in the European Community provision in force specified in the corresponding entry in column 2 of that Part shall be used; and
(iii)in relation to a substance to which the method of analysis set out in Part II, or the method set out in Part III, of that Schedule relates, the method applicable to that substance shall be used.
(2) Paragraph (1) shall not apply before 1st November 1999 in the case of the following substances listed in column 1 of Part I of Schedule 5—
(a)carbadox; and
(b)diclazuril.
(3) After 31st October 1999, paragraph (1) shall—
(a)cease to apply to the following substances listed in column 1 of Part I of Schedule 5—
(i)ethopabate,
(ii)dinitolmide,
(iii)menadione (vitamin K3),
(iv)nicarbazin, and
(v)vitamin A;
(b)have effect, in the case of the substance amprolium, which is included in the list in column 1 of Part I of Schedule 5, with the substitution, for the words appearing in column 2 of that Part opposite to the entry for that substance, of the words “Part A of the Annex to Directive 1999/27/EC.”(1).
(4) For the purpose of determining, by means of analysis as aforesaid, whether a substance other than one to which paragraph (1) applies is present in the part of a sample concerned, or what quantity or proportion of such a substance is present therein—
(a)if there is an applicable standard of the kind referred to in the first indent of Article 18.3 of Directive 95/53/EC, analysis shall be carried out in accordance with that standard, and
(b)if there is no such standard, it shall be carried out in accordance with any scientifically valid method the application of which does not contravene any general principle of the Treaty establishing the European Community.
OJ No. L118, 6.5.99, p. 36.
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