The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002 (S.I. 2002/1387 (W.136)), the Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No. 2) Regulations 2002 (S.I. 2002/3230 (W.307)), and the Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2003 (S.I. 2003/976 (W.135)), and make a number of further amendments.

The principal amendments are—

• the implementation of Commission Decision 2002/349/EC laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC (OJ No. L121, 8.5.2002, p.6) (the definition of 'product' in regulation 2(1));

• the requirement for products which are refused entry into the Community (and which are not redispatched) to be disposed of in accordance with Regulation (EC) No. 1774/2002 of the European Parliament and of the Council (OJ No. L273, 10.10.2002, p.1) (as amended) which has repealed Council Directive 90/667/EEC (OJ No. L363, 27.12.1990, p.51) (regulations 21, 22, 24, 25, 26 and 43);

• the requirement for unused catering supplies from means of transport operating internationally to be disposed of in accordance with Regulation (EC) No. 1774/2002 (regulation 29);

• where such unused catering supplies are disposed of by burial in a landfill, the requirement that they are disposed of only at a landfill approved in accordance with regulation 30;

• the inclusion of a new Part 5 which sets out (1) the mechanism for approving landfills which receive unused catering supplies, (2) the obligations upon operators of approved landfills, (3) the procedure for amending, suspending and revoking such approvals, and (4) the procedure for appealing against an amendment or a suspension;

• the revision of the procedure for appealing against veterinary charges paid to the National Assembly for Wales or the Food Standards Agency (regulation 58), requiring amongst other things that the independent person must not be an officer or servant of the National Assembly for Wales or the Agency (unless the appellant consents), and that, if the appellant so requests, the hearing must be in public and the appellant must be provided with a copy of the independent person’s report; and

• the revision of Schedule 2.

These Regulations implement for Wales Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ No. L24, 30.1.98, p.9). The Directive applies to products of animal origin— meat, fish (including shellfish), milk, and products made from these, together with egg products and a large number of animal by-products, including casings, skins, bones and blood — from third countries.

The products to which the Regulations apply are defined in regulation 2(1) and the requirements with which they must comply are listed, by reference to the relevant Community legislation, in Schedule 2. Trade samples and products intended for exhibition or study or analysis are exempt from the Regulations (regulation 3(1)). Products intended for personal use which comply with the conditions in regulation 3(3), are exempt from all but a few of the Regulations.

Regulations 4 and 16 define the authorities that enforce the Regulations. At border inspection posts these will be port health authorities, who appoint official veterinary surgeons and official fish inspectors to conduct veterinary checks at each border inspection post in their area (regulation 6). Regulations 7, 8 and 9 confer the necessary enforcement powers. The Commissioners of Customs and Excise enforce regulation 16 at other points of entry.

Part 3 establishes the inspection system which will apply to the generality of products. The introduction into Wales of products which do not comply with the Schedule 2 requirements is prohibited, unless they are being transported across Wales (regulation 15). Products must be introduced at border inspection posts, advance notice of their introduction must be given, and they must be made available for inspection, together with required documentation, at a border inspection post (regulations 16 to 19). Regulations 21 to 28 deal with products which are rejected at inspection, are introduced illegally, or present a risk to animal or public health.

Parts 4 to 9 lay down special provisions which apply to particular categories of product (on-board catering supplies, products intended for free circulation in the Community, products in transit across Wales, products intended for warehousing under particular customs regimes, and products exported from the Community and then returned to it).

Part 10 deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part 11 confers on the National Assembly for Wales and the Food Standards Agency power to prohibit the introduction of products into Wales from non-EEA countries in which there is an outbreak of animal disease; Part 12 establishes offences and penalties; and Part 13 deals with the service of notices and with notification of decisions.

A regulatory appraisal in relation to Part 5 (Burial of Unused On-Board Catering Supplies in Landfills) has been prepared. Copies may be obtained from the Department for Environment Planning and Countryside, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ. Otherwise a regulatory appraisal has not been prepared for these Regulations.