- Latest available (Revised)
- Point in Time (03/11/2004)
- Original (As made)
Version Superseded: 01/02/2005
Point in time view as at 03/11/2004. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004 (revoked), Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2.—(1) In these Regulations—
“the Agency” means the Food Standards Agency;
“Article 9 product” means a product from a third country which is first introduced into the relevant territories at one border inspection post but is intended for import via another, as described (in relation to consignments) in Article 9(1) of Directive 97/78/EC, whether or not the product is transhipped or unloaded at the first border inspection post;
“authorised officer” means a person who is authorised by the Secretary of State, a local authority or the Agency, either generally or specially, to act in matters arising under these Regulations, whether or not he is an officer of the Secretary of State or of a local authority or the Agency;
“border inspection post” means—
a border inspection post which is included in the list contained in the Annex to Commission Decision 2001/881/EC M1; or
a border inspection post in the Republic of Iceland or the Kingdom of Norway which is included in the list contained in the Annex to Decision No. 86/02/COL of the EFTA Surveillance Authority; M2
“border inspection post of destination” means the border inspection post via which an Article 9 product is intended for import;
“border inspection post of introduction” means the border inspection post at which an Article 9 product is first introduced into the relevant territories;
“carrier who has charge for the time being” of a product, consignment or part of a consignment includes the driver of any vehicle, the pilot of any aircraft and the master of any vessel (but not the driver of any train) transporting the same;
“the Commissioners” means the Commissioners of Customs and Excise;
“common veterinary entry document” means a document in the form set out in Annex III to Regulation (EC) No. 136/2004;
“Community establishment of origin” means the premises located in a member State at which a returned product attained the form in which it was originally exported from the relevant territories;
“consignment” means a quantity of products of the same type covered by the same veterinary certificate or veterinary document, or other document provided for by veterinary legislation, conveyed by the same means of transport and coming from the same third country or part of a third country;
“corporate officer” means a director, manager, secretary or other similar officer of a body corporate, or a person who purports to act in any such capacity;
“the Customs Code” means Council Regulation (EEC) No. 2913/92 (establishing the Community Customs Code) M3;
“customs officer” means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979 M4 (a person commissioned by the Commissioners);
“the customs territory of the Community” has the same meaning as in Article 3 of the Customs Code;
“customs warehouse” means a warehouse which fulfils the conditions of Articles 98 to 113 of the Customs Code, in which goods are stored subject to the customs warehousing procedure referred to in those Articles;
“destination establishment”, in relation to a product, means the establishment identified in the “delivery address” entry in Part 1 of the common veterinary entry document;
“Directive 92/118/EEC” means Council Directive 92/118/EEC (laying down animal health 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 (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC) M5;
“Directive 97/78/EC” means Council Directive 97/78/EC (laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries) M6;
“documentary check” means the examination of the veterinary certificates or veterinary documents or other documents accompanying a consignment, carried out in accordance with Article 4(3) of Directive 97/78/EC and Annex I to Regulation (EC) No. 136/2004;
“fishery products” means all seawater and freshwater animals, whether or not live, including—
aquaculture animals and aquaculture products as defined in Article 2 of Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products) M7;
bivalve molluscs as defined in Article 2(1) of Council Directive 91/492/EEC (laying down the health conditions for the production and the placing on the market of live bivalve molluscs) M8;
echinoderms, tunicates and marine gastropods; and
fishery products and aquaculture products as defined in Article 2 of Council Directive 91/493/EEC (laying down the health conditions for the production and the placing on the market of fishery products) M9,
but excludes aquatic mammals, reptiles and frogs, and parts thereof;
“free circulation” has the same meaning as in Articles 23(2) and 24 of the Treaty establishing the European Community;
“free warehouse” and “free zone” have the same meanings as in Title IV, Chapter 3, Section 1 of the Customs Code;
“hay” means any grass, clover, lucerne or sainfoin which has been dried either naturally or artificially, and includes any product which is obtained by so drying any grass, clover, lucerne or sainfoin;
“identity check” means a check by visual inspection to ensure that the veterinary certificates or veterinary documents or other documents accompanying a consignment tally with the products comprised in the consignment, carried out in accordance with Article 4(4)(a) of Directive 97/78/EC;
“import”, as a noun, means release for free circulation within the meaning of Article 79 of the Customs Code;
“import conditions” in relation to a product, means the conditions laid down for the import of that product in any directive, decision or regulation listed in Schedule 1, including—
conditions as to the country or establishment of origin of the product;
specific requirements laid down for the import of that product into a particular member State or a particular area of a member State; and
conditions laid down for the import of that product for specific purposes,
“intermediate storage warehouse” means cold storage facilities approved for intermediate storage of products as referred to in Chapter 10 of Annex I to Directive 92/118/EEC;
“introduce” means bring into; and a person introduces a product into a territory or area, if—
he brings it into that territory or area as its owner;
he brings it into that territory or area as a carrier; or
a carrier brings it into that territory or area on that person’s instructions,
but a product on board a means of transport operating internationally which is intended for consumption by the crew or passengers of that means of transport is not introduced into a territory or area provided that—
it is not unloaded; or
it is transferred directly from one means of transport operating internationally to another at the same port or airport and under supervision, within the meaning of Article 4(13) of the Customs Code, by the Commissioners;
“local authority” means—
where there is a port health authority, that port health authority;
where there is no port health authority, but where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994, that unitary authority;
where there is no port health authority and no unitary authority—
in a metropolitan or a non-metropolitan district, the council of that district; and
in each London borough, the council of that borough;
in the City of London, the Common Council; and
in the Isles of Scilly, the Council of the Isles of Scilly;
“non-conforming product” means a product which does not comply with the import conditions;
“official fish inspector” means an environmental health officer appointed as an official fish inspector by a local authority pursuant to regulation 6(2)(b);
“official veterinary surgeon” means a veterinary surgeon who has participated in a special training programme referred to in Article 27 of Directive 97/78/EC and who is appointed by the Secretary of State pursuant to regulation 6(1)(a) or by a local authority pursuant to regulation 6(2)(a);
“operator” means—
in relation to a border inspection post, the person who provides premises and other facilities for the carrying out of veterinary checks at that border inspection post; and
in relation to a Community establishment of origin, an intermediate storage warehouse or a destination establishment, the person who occupies the same for the purposes of his business;
“owner”, in relation to a product, consignment or part of a consignment, means the person in whom the property in the product, consignment or part is for the time being vested;
“person appearing to have charge” of a product, consignment or part of a consignment means any person, including a carrier, who appears to have possession, custody or control thereof;
“person responsible for” a product, consignment, or part of a consignment means—
until the product, consignment or part first arrives at a border inspection post in England or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, until it arrives at a border inspection post of destination in England—
the person referred to in Article 38(1) of the Customs Code who brings the product, consignment or part into the customs territory of the Community;
a person referred to in Article 38(2) of the Customs Code who assumes responsibility for the carriage of the product, consignment or part after it has been brought into the customs territory of the Community; and
a person referred to in Article 44(2)(b) of the Customs Code, in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted;
from the time the product, consignment or part first arrives at a border inspection post in England, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, from the time it arrives at a border inspection post of destination in England, until it leaves that first border inspection post, or that border inspection post of destination, as the case may be—
the person referred to in Article 44(2)(b) of the Customs Code in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted; or
if the product, consignment or part is in temporary storage, as referred to in Article 50 of the Customs Code, the person referred to in Article 51(2) of the Customs Code who holds it in temporary storage; or
if the person referred to in sub-paragraph (b)(i) or (ii), as the case may be, has appointed a representative in his dealings with the customs authorities, within the meaning of Article 5 of the Customs Code, who is given or assumes responsibility for ensuring that the product, consignment or part undergoes veterinary checks, that representative; and
after the product, consignment or part leaves that first border inspection post, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, after it leaves the border inspection post of destination—
the person who made a customs declaration, within the meaning of Article 64 of the Customs Code, covering the product, consignment or part; or
if no such customs declaration has yet been made, the person capable of making it;
“physical check” means a check on the product itself (which may include checks on packaging and temperature and also sampling and laboratory testing) carried out in accordance with Article 4(4)(b) of, and Annex III to, Directive 97/78/EC and, in the case of laboratory testing, Annex II to Regulation (EC) No. 136/2004;
“point of entry” means any place where goods are subject to customs supervision under Articles 37 and 38 of the Customs Code, other than a border inspection post;
“premises” includes any construction, installation, container or means of transport;
“product” means—
any product of animal origin listed in the Annex to Commission Decision 2002/349/EC (laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC) M10;
hay; and
straw,
but does not include composite food products as specified in Article 3 of Commission Decision 2002/349/EC;
“Regulation (EC) No. 1774/2002” means 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 consumption) M11;
“Regulation (EC) No. 136/2004” means Commission Regulation (EC) No. 136/2004 (laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries) M12;
“the regulatory functions” means the functions assigned by these Regulations to authorised officers, official veterinary surgeons, official fish inspectors and assistants appointed pursuant to regulation 6;
“relevant document” means any required document and any other veterinary, commercial or other certificate or document relating to a product, including the manifest of any sea-going vessel or aircraft;
“the relevant territories” means an area comprising the territories of the member States, as listed in Annex I to Directive 97/78/EC, the Republic of Iceland, the Kingdom of Norway (except Svalbard), the Principality of Andorra and the Republic of San Marino;
“required document” means any original veterinary certificate, original veterinary document or other original document required in relation to a product by virtue of any directive, decision or regulation listed in Schedule 1;
“returned product” means a product originally exported from the customs territory of the Community which is returned there because it has been refused by a third country;
“ships' store” means closed premises referred to in Article 13(1)(c), or a specially approved warehouse referred to in Article 13(2)(a), of Directive 97/78/EC;
“straw” means any green cereal which has been dried either naturally or artificially and includes any product (other than grain) which is obtained by drying any green cereal;
“third country” means a country not comprised in the relevant territories;
“transhipped product” means an Article 9 product which is transhipped or unloaded in the way described (in relation to consignments) in Article 9(1) of Directive 97/78/EC at its border post of introduction;
“transit” means transit from one third country to another, passing through one or more member States, under the external transit procedure referred to in Articles 91 to 97 of the Customs Code;
“transit product” means a product originating in a third country which, according to the information forwarded in advance referred to in Article 3(3) of Directive 97/78/EC, will undergo transit; and
“veterinary check” means any check provided for in Directive 97/78/EC including a documentary check, an identity check or a physical check.
(2) Products introduced into England from the Republic of Iceland, other than fishery products, are regarded for the purposes of these Regulations as introduced from a third country.
(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
Marginal Citations
M1OJ No. L326, 11.12.01, p. 44, as last amended by Commission Decision 2004/608/EC (OJ No. L274, 24.8.2004, p. 15).
M2OJ No. L69, 13.3.2003, p. 31.
M3OJ No. L302, 19.10.92, p. 1, as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p. 33) (“the Act of Accession”).
M5OJ No. L62, 15.3.93, p. 49, as last amended by Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60).
M6OJ No. L24, 30.1.98, p. 9, as last amended by the Act of Accession.
M7OJ No. L46, 19.2.91, p. 1, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1).
M8OJ No. L268, 24.9.91, p. 1, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1).
M9OJ No. L268, 24.9.91, p. 15, as last amended by the Act of Accession.
M10OJ No. L121, 8.5.2002, p. 6, as read with Commission Regulations (EC) No. 136/2004 (OJ No. L21, 28.1.2004, p. 11) and (EC) No. 745/2004 (OJ No. L122, 26.4.2004, p. 1).
M11OJ No. L273, 10.10.2002, p. 1, as last amended by Commission Regulation (EC) No. 668/2004 (OJ No. L112, 19.4.2004, p. 1), and as read with Commission Regulations (EC) No. 811/2003, 812/2003 and 813/2003 (OJ No. L117, 13.5.2003, p. 14, p. 19 and p. 22), Commission Decisions 2003/320/EC, 2003/321/EC, 2003/326/EC and 2003/327/EC (OJ No. L117, 13.5.2003, p. 24, p. 30, p. 42 and p. 44) and Commission Regulation (EC) No. 780/2004 (OJ No. L123, 27.4.2004, p. 64).
M12OJ No. L21, 28.1.2004, p. 11.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: