The Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004
2004 No. 2640
AGRICULTURE, ENGLAND
The Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004
Made 11th October 2004
Laid before Parliament 13th October 2004
Coming into force 3rd November 2004
The Secretary of State, 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 that section save in relation to fees charged by the Secretary of State, and, in relation to such fees, in exercise of the powers conferred on her by section 56(1) and (2) of the Finance Act 19733and with the consent of the Treasury, makes the following Regulations—
PART 1
Introduction
Title, commencement and extent
1. These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004; they apply in relation to England only and come into force on 3rd November 2004.
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 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) a border inspection post which is included in the list contained in the Annex to Commission Decision 2001/881/EC4; 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 Authority;5
“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)6;
“customs officer” means an officer as defined in section 1(1) of the Customs and Excise Management Act 19797(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/EECand, as regards pathogens, to Directive 90/425/EEC)8;
“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)9;
“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 seawater and freshwater animals, whether or not live, 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)10;
(b) 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)11;
(c) echinoderms, tunicates and marine gastropods; and
(d) 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)12,
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—
(a) conditions as to the country or establishment of origin of the product;
(b) specific requirements laid down for the import of that product into a particular member State or a particular area of a member State; and
(c) 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—
(a) he brings it into that territory or area as its owner;
(b) he brings it into that territory or area as a carrier; or
(c) 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—
(a) it is not unloaded; or
(b) 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—
(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 1994, 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; and
(ii) 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 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/ECand 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—
(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, 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...
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