Regulation 2(1)

SCHEDULE 1E+WDEFINITIONS OF EU LEGISLATION

  • Directive 2004/41” (“Cyfarwyddeb 2004/41”) means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC M1;

  • Regulation 999/2001” (“Rheoliad 999/2001”) means 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 encephalopathies M2;

  • Regulation 178/2002” (“Rheoliad 178/2002”) means 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 safety;

  • Regulation 852/2004” (“Rheoliad 852/2004”) means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M3 as read with Regulation 2073/2005;

  • Regulation 853/2004” (“Rheoliad 853/2004”) means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M4 as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005, Regulation 2076/2005, Regulation 1020/2008 and [F1“Regulation 1079/2013” (“Rheoliad 1079/2013”)];

  • Regulation 882/2004” (“Rheoliad 882/2004”) means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M5 as read with Regulation 2074/2005, Regulation 669/2009 and [F2“Regulation 702/2013” (“Rheoliad 702/2013”)];

  • Regulation 1688/2005” (“Rheoliad 1688/2005”) means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs M6;

  • Regulation 2073/2005” (“Rheoliad 2073/2005”) means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs M7;

  • Regulation 2074/2005” (“Rheoliad 2074/2005”) means 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 M8;

  • Regulation 1020/2008” (“Rheoliad 1020/2008”) means Commission Regulation (EC) No. 1020/2008 amending Annexes II and III to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin and Regulation (EC) No. 2076/2005 as regards identification marking, raw milk and dairy products, eggs and egg products and certain fishery products M9;

  • Regulation 669/2009” (“Rheoliad 669/2009”) means Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC M10; and

  • F3...

  • [F4“Regulation 702/2013” (“Rheoliad 702/2013”)” means Commission Implementing Regulation (EU) No 702/2013 on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella.]

  • [F5“Regulation 211/2013” (“Rheoliad 211/2013”) means Commission Regulation (EU) No. 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts.]

Textual Amendments

Marginal Citations

M1OJ No. L157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p.12).

M2OJ No. L147, 31.5.2001, p.1, as last amended by Regulation (EC) No.220/2009 of the European Parliament and of the Council amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission (OJ No. L87, 31.3.2009, p.155).

M3OJ No. L139, 30.4.2004, p.1. The revised text of Regulation (EC) No.852/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.3) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26). Regulation (EC) No. 852/2004 was last amended by Regulation (EC) No.219/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Two (OJ No. L87, 31.3.2009, p.109).

M4OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No.853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26). Regulation (EC) No. 853/2004 was last amended by Regulation (EC) No. 219/2009.

M5OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No.882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.29). Regulation (EC) No. 882/2004 was last amended by Commission Regulation (EC) No. 1029/2008 amending Regulation (EC) No. 882/2004 of the European Parliament and of the Council to update a reference to certain European Standards (OJ No. L278, 21.10.2008, p.6).

M6OJ No. L271, 15.10.2005, p.17.

M7OJ No. L338, 22.12.2005, p.1, as read with the Corrigenda at OJ No. L278, 10.10.2006, p.32 and OJ No. L283, 14.10.2006, p.62. Regulation (EC) No. 2073/2005 was amended by Commission Regulation (EC) No. 1441/2007 amending Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs (OJ No. L322, 7.12.2007, p.12).

M8OJ No. L338, 22.12.2005, p.27, as last amended by Commission Regulation (EC) No. 1022/2008 amending Regulation (EC) No. 2074/2005 as regards the total volatile basic nitrogen (TVB-N) limits (OJ No. L277, 18.10.2008, p.18).

M9OJ No. L277, 18.10.2008, p.8.

M10OJ No. L194, 25.7.2009, p.11.

Regulation 2(1)

SCHEDULE 2E+WDEFINITION OF RELEVANT FEED LAW

Textual Amendments

F7Words in Sch. 2 substituted (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), regs. 1, 16(5)

Marginal Citations

M12S.I. 2004/3221 (W.277), amended by S.I. 2005/1323 (W.97) and S.I. 2007/3173 (W.278).

M13S.I. 2005/3368 (W.265), amended by S.I. 2006/590 (W.66) and S.I. 2006/3256 (W.296).

Regulation 2(1)

SCHEDULE 3E+WDEFINITION OF RELEVANT FOOD LAW

Marginal Citations

M14S.I. 1997/1729, amended by S.I. 2005/325 (W.247), S.I. 2006/755, and 2009/1925.

M16OJ No. L93, 31.3.2006, p.1.

M17OJ No. L93, 31.3.2006, p.12 as last amended by Commission Regulation (EC) No. 417/2008 amending Annexes I and II to Council Regulation (EC) No. 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ No. L125, 9.5.2008, p.27).

M20S.I. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, S.I. 1999/683, S.I. 2000/656, S.I. 2000/2257 (W.150), S.I. 2001/1660 (W.119), S.I. 2001/2198 (W.18), S.I. 2001/2219 (W.159), S.I. 2002/07 (W.6), S.I. 2002/129 (W.17), S.I. 2002/1476 (W.148), S.I. 2003/3229 (W.309), S.I. 2004/1430 (W.144), S.I. 2005/1310 (W.92), and S.I. 2006/2407.

M21S.I. 2007/376 (W.36), amended by S.I. 2007/1710 (W.148), S.I. 2009/392 (W.41) and S.I. 2009/1088 (W.96).

M22S.I. 2008/3154 (W.282), amended by S.I. 2008/3266 (W.288) and S.I. 2009/192 (W.24).

M23OJ No. L256, 29.9.2009, p.35.

Regulation 3(1)

SCHEDULE 4E+WCOMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/200 IN SO FAR AS THEY APPLYIN RELATION TO RELEVANT FEED LAW

Column 1Column 2
Competent authorityProvisions of Regulation 882/2004
The AgencyArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 19(1), (2) and (3), 24, 27, 28, 31(1) and (2)(f), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The feed authorityArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 27, 28, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulation 3(3)

SCHEDULE 5E+WCOMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLYIN RELATION TO RELEVANT FOOD LAW

Competent authorityProvisions of Regulation 882/2004
The AgencyArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 27, 28, 31, 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The food authorityArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 27, 28, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulations 22 and 41(1)(a)

SCHEDULE 6E+WSPECIFIED IMPORT PROVISIONS

Column 1Column 2
Provisions of Regulation 669/2009Subject - matter
Article 6,as read with Article 7Requirement that feed and food business operators or their representatives give adequate prior notification of the estimated date and time of physical arrival of the consignment at the designated point of entry and of the nature of the consignment in the manner indicated in that Article (common entry document to be completed and transmitted at least one working day in advance) and Article 7 (common entry document to be drawn up in the official language of the member State, although the member State may consent to common entry documents being drawn up in another official language of the Community).
Article 8(2) second paragraphRequirement that the original of the common entry document must accompany the consignment on its onward transport until it reaches its destination as indicated in the document.
Article 11

Requirement that in cases where the special characteristics of the consignment so warrant, feed and food business operators or their representatives make available to the competent authority:

(a)

sufficient human resources and logistics to unload the consignment, in order that the official controls may take place; and

(b)

the appropriate equipment for sampling for analysis as regards special transport and/or specific packaging forms, insofar as such sampling cannot be representatively performed with standard sampling equipment.

Article 12 first paragraphRequirement that consignments must not be split until the increased level of official controls has been completed and the common entry document has been completed by the competent authority.
Article 12 second paragraphRequirement that in the case of subsequent splitting of the consignment, an authenticated copy of the common entry document must accompany each part of the consignment until it is released for free circulation.

Regulation 51

F8SCHEDULE 7E+WSCHEDULE SUBSTITUTED FOR SCHEDULE 1 TO THE FEED (HYGIENE AND ENFORCEMENT) (WALES) REGULATIONS 2005

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