The Products of Animal Origin (Third Country Imports) (England) Regulations 2006
| Year | 2006 |
2006 No. 2841
AGRICULTURE, ENGLAND
The Products of Animal Origin (Third Country Imports) (England) Regulations 2006
Made 24th October 2006
Laid before Parliament 30th October 2006
Coming into force 24th November 2006
The Secretary of State is designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community.
Exercising the powers conferred on him by that section save in relation to fees charged by the Secretary of State, and, in relation to such fees, exercising the powers conferred on him by section 56(1) and (2) of the Finance Act 19733and with the consent of the Treasury, he makes the following Regulations—
PART 1
Introduction
Title, application and commencement
1.—(1) These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) Regulations 2006.
(2) These Regulations apply in England only and come into force on 24th November 2006.
Interpretation
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 brought 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) a border inspection post which is included in the list contained in the Annex to Decision 2001/881/EC; or
(b) 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 Authority4;
“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 brought into the relevant territories;
“carrier who has charge for the time being” of a product, consignment or part 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 for Her Majesty’s Revenue and Customs;
“common veterinary entry document” means a document in the form set out in Annex III to Regulation (EC) No. 136/2004(laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries)5;
“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;
“the Customs Code” means Council Regulation (EEC) No. 2913/92(establishing the Community Customs Code)6;
“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;
“Decision 2001/881/EC” means Commission Decision 2001/881/EC(drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission)7;
“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 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)8;
“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/ECand Annex I to Regulation (EC) No. 136/2004;
“fishery products” means all wild or farmed seawater and freshwater animals, whether or not live, and all edible forms, parts and products of such animals, including—
(a) 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)9;
(b) filter-feeding lamellibranch molluscs; and
(c) echinoderms, tunicates and marine gastropods intended for human consumption,
but excludes aquatic mammals, reptiles and frogs, and parts of those animals;
“free warehouse” and “free zone” have the same meanings as in Title IV, Chapter 3, Section 1 of the Customs Code;
“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—
(a) the conditions laid down for the import of that product in any Directive, Decision or Regulation listed in Schedule 1, including—
(i) specific requirements laid down for the import of that product into a particular member State or a particular area of a member State; and
(ii) conditions laid down for the import of that product for specific purposes;
(b) the conditions laid down for the import of that product in any Decision listed in Schedule 2;
(c) the conditions as to the country of origin of the product as laid down in any list of the third countries or parts of third countries from which imports of specified products are permitted and drawn up under paragraph 1 of Article 11 of Regulation (EC) No. 854/2004; and
(d) the conditions as to the establishment of origin of the product as laid down in any list of establishments from which imports of specified products are permitted and drawn up under paragraph 1 of Article 12 of Regulation (EC) No. 854/2004(laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption)10;
“local authority” means—
(a) where there is a port health authority, that port health authority;
(b) 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 199411, that unitary authority;
(c) where there is no port health authority and no unitary authority—
(i) in a metropolitan or a non-metropolitan district, the council of that district;
(ii) in a non-metropolitan county, the council of that county;
(iii) in each London borough, the council of that borough;
(d) in the City of London, the Common Council; and
(e) 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 under regulation 7(2)(b);
“official veterinary surgeon” means a veterinary surgeon who is appointed by the Secretary of State under regulation 7(1)(a) or by a local authority under regulation 7(2)(a);
“operator” means—
(a) 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
(b) in relation to a Community establishment of origin 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 consignment, means the person in whom the property in the product, consignment or part is for the time being vested;
“part consignment” means a consignment which has been split up into parts in accordance with Article 5 of Regulation (EC) No. 136/2004;
“person appearing to have charge”, in relation to a product, consignment, or part consignment, means any person, including a carrier, who appears to have possession, custody or control of the product, consignment or part consignment;
“person responsible for”, in relation to a product, consignment, or part consignment, is construed in accordance with regulation 3;
“physical check” means a check on a product (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/ECand, in the case of laboratory testing, Annex II to Regulation (EC) No. 136/2004;
“premises” includes any construction, installation, container or means of transport;
“product” means—
(a) 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)12;
(b) any grass, clover, lucerne or sainfoin which has been dried either naturally or artificially, and any product which is obtained by so drying any grass, clover, lucerne or sainfoin...
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