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Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 4) Regulations 2002

Consolidated Text As Enacted Cited authorities 6 Cited in Related
Vincent

2002 No. 3206

AGRICULTURE, ENGLAND

The Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 4) Regulations 2002

Made 20th December 2002

Laid before Parliament 20th December 2002

Coming into force 1st January 2003

The Secretary of State for Environment, Food and Rural Affairs, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by the said section 2(2), makes the following Regulations:

S-1 Title, commencement and extent

Title, commencement and extent

1. These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 4) Regulations 2002; they extend to England and come into force on 1st January 2003.

S-2 Amendments to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002

Amendments to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002

2.—(1) The Products of Animal Origin (Third Country Imports) (England) Regulations 20023are amended in accordance with this regulation.

(2) For regulation 3 there shall be substituted—

S-3

“Exemptions for trade samples

3. These Regulations do not apply to products introduced into England from a third country with the previous written authorisation of the Secretary of State as trade samples, for exhibition or for particular studies or analyses.

S-3A

Other exemptions

3A.—(1) Part III, with the exception of regulations 15, 21 and 25, and parts IV to IX do not apply in the circumstances set out in this regulation.

(2) Meat, meat products, milk and milk products from Greenland, the Faeroe Islands, the Republic of Iceland, the Principality of Andorra, San Marino, Liechtenstein, Switzerland, Estonia, Lithuania, Latvia, Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Malta and the Republic of Cyprus may be introduced into England in the personal luggage of a traveller if they are intended for his personal consumption taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual.

(3) Powdered infant milk, infant food, and special foods required for medical reasons containing meat, meat products, milk, or milk products may be introduced into England from a third country not specified in paragraph (2) if they—

(a)

(a) are carried in the personal luggage of a traveller and are intended for his personal use or consumption, taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;

(b)

(b) do not require refrigeration before opening;

(c)

(c) are packaged proprietary brand products for direct sale to the final consumer; and

(d)

(d) are contained in unbroken packaging.

(4) Products which are not covered by paragraph (2) or paragraph (3) may be introduced into England if they are in the personal luggage of a traveller and intended for his personal consumption or if they are sent by post or carrier and addressed to a private individual in England otherwise than by way of trade or as a trade sample and if—

(a)

(a) they are not meat, meat products, milk or milk products;

(b)

(b) their total weight does not exceed one kilogram; and

(c)

(c) they either come from a third country or part of a third country which satisfies the conditions laid down in paragraph (5) or have undergone heat treatment in a hermetically sealed container to an F0 value of 3.00 or more.

(5) The conditions referred to in paragraph (4) are that the third country or part of the third country—

(a)

(a) appears on a list of third countries or parts of third countries from which member States shall authorise the importation of the product or products concerned, established by a Community instrument in force on the date on which these Regulations are made; and

(b)

(b) is not one from which importation of the product or products concerned is prohibited by any Community instrument in force on that date.

(6) In this regulation “meat”, “meat products”, “milk” and “milk products” mean products of those types covered by the Directives listed in Schedule 3 and “meat” includes meat preparations.”.

(3) In regulation 45(e) the words “or Wales” shall be omitted.

(4) In regulation 53(4) for the words “paragraph 4” there shall be substituted the words “paragraph 3”.

(5) The following shall be inserted after regulation 53(4)—

S-5

“5 Where there is an appeal under paragraph (3), the independent person referred to in that paragraph shall consult with the Secretary of State or the Agency, as the case may be, and, if then satisfied that the amount of the charge is unreasonable, shall so inform the Secretary of State or the Agency, who shall recalculate the amount of the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.”

(6) In regulation 63(1) for the words “except the products referred to in regulation 3(1) and (2)” there shall be substituted the words “except the products referred to in regulations 3 and 3A”.

(7) For Schedule 2 there shall be substituted the Schedule to these Regulations.

S-3 Revocations

Revocations

3. The following are revoked—

(a) The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 20024;

(b) The Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 2) Regulations 20025; and

(c) The Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 3) Regulations 20026.

Whitty

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

20th December 2002

SCHEDULE

Regulation 2(7)

SCHEDULE

“PART I

Provisions Common to Several Categories of Product

A. Maximum residue limits and contaminants

Council Regulation (EEC) No. 2377/90laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJNo. L224, 18.8.90, p.1) as last amended by Commission Regulation (EC) No. 77/2002(OJNo. L16, 18.1.2002, p.9).

Council Directive 96/23/ECon measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 1985/358/EECand 1986/469/EECand Decisions 1989/187/EECand 1991/664/EEC(OJNo. L 125, 23.5.96, p. 10).

Commission Decision 2000/159/ECon the provisional approval of residue plans of third countries according to Council Directive 96/23/EC(OJNo. L51, 24.2.2000, p.30) as last amended by Commission Decision 2002/336/EC(OJNo. L116, 3.5.2002, p.51).

Commission Regulation (EC) No. 466/2001setting maximum levels for certain contaminants in foodstuffs (OJNo. L77, 16.3.2001, p.1) as last amended by Commission Regulation (EC) No. 563/2002(OJNo. L86, 3.4.2002, p.5).

B. Transmissible spongiform encephalopathies

Council Decision 2000/766/ECconcerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (OJNo. L306, 7.12.2000, p.32).

Regulation (EC) No. 999/2001of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies (OJNo. L147, 31.5.2001, p.1) as last amended by Commission Regulation (EC) No. 270/2002(OJNo. L45, 15.2.2002, p.41).

C. Protective measures—multiple products

Brazil

Commission Decision 2002/794/EC(OJNo. L276, 12.10.2002, p.66).

Thailand

Commission Decision 2002/251/EC(OJNo. L84, 28.3.2002, p.77).

Ukraine

Commission Decision 2002/805/EC(OJNo. L 278, 16.10.2002, p.24).

PART II

Fresh Meat of Bovine, Ovine and Caprine Animals and Swine

A. General Provisions

Council Directive 64/433/EECon health problems affecting intra-Community trade in fresh meat (OJNo. L121, 29.7.64, p. 2012/64) as amended and updated by Council Directive 91/497/EC(OJNo. L268, 24.9.91, p.69) and last amended by Council Directive 95/23/EC(OJNo. L243, 11.10.95, p.7).

Council Directive 72/462/EECon health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from third countries (OJNo. L302, 31.12.72, p.28) as last amended by Council Regulation (EC) No. 1452/2001(OJNo. L198, 21.7.2001, p.11).

Council Directive 77/96/EECon the examination fortrichinae (trichinella spiralis) upon importation from third countries of fresh meat from domestic swine (OJNo. L26, 31.1.77, p.67), as last amended by Council Directive 94/59/EC(OJNo. L315, 8.12.94, p.18).

B. Third countries from which fresh meat may be imported

Council Decision 79/542/EECdrawing up a list of third countries from which the Member States authorize imports of bovine animals, swine, equidae, sheep and goats fresh meat and meat products (OJNo. L146, 14.6.79, p.15) as last amended by Commission Decision 2001/731/EC(OJNo. L274, 17.10.2001, p.22).

C. Third country establishments from which fresh meat may be imported

Commission Decision 95/408/ECon conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (OJNo. L243, 11.10.95, p.17) as last amended by Commission Decision 2001/4/EC(OJNo. L2, 5.1.2001, p.21).

Argentina

Commission Decision 81/91/EEC(OJNo. L58, 5.3.81, p.39), as amended by Commission Decision 86/392/EEC(OJNo. L228, 14.8.86, p.44).

Australia

Commission Decision 83/384/EEC(OJNo. L222, 13.01.83 p.36), as amended by Commission Decision 86/389/EEC(OJNo. L228, 14.8.86, p.34).

Botswana

Commission Decision 83/243/EEC(OJNo. L129, 19.5.83, p.70).

Brazil

Commission Decision 81/713/EEC(OJNo. L257, 10.9.81, p.28), as last amended by Commission Decision 89/282/EEC(OJNo. L110, 21.4.89, p.54).

Bulgaria

...

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