Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1387 |
2002 No. 1387 (W.136)
AGRICULTURE, WALES
The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002
Made 17th May 2002
Coming into force 22th May 2002
The National Assembly for Wales, being 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 it by the said section 2(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:
PART I
INTRODUCTION
Title, commencement and application
1.—(1) These Regulations are called the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002, and come into force on 22nd May 2002.
(2) These Regulations apply to Wales.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Agency” means the Food Standards Agency;
“the Animal By-Products Order” means the Animal By-Products Order 19993;
“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 National Assembly, a local authority or the Agency, either generally or specially, to act in matters arising under these Regulations, whether or not an officer of that authorising body;
“border inspection post” means—
(a) premises designated and approved for the time being in accordance with Article 6(2) or 6(4) of Directive 97/78/EC as an inspection post for the carrying out of veterinary checks on products arriving from third countries at the border of a member State;
(b) a border inspection post in the Republic of Iceland or the Kingdom of Norway which is included in the list contained in point 39 in Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area signed at Oporto on 2nd May 19924, as amended by any decision of the EFTA Surveillance Authority fixing the border inspection posts for the EFTA States which is adopted before the date on which these Regulations are made; and
(c) an inspection post for the carrying out by or on behalf of the authorities of the Principality of Andorra or of the Faroe Islands of veterinary checks on products arriving there from third countries;
“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;
“certificate of veterinary clearance” means a certificate issued by an official veterinary surgeon or an official fish inspector in the form set out as Sheet 2 in Schedule 1;
“the Commissioners” means the Commissioners of Customs and Excise;
“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. 2913/92establishing the Community Customs Code5;
“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 93/13/EEC” means Commission Decision 93/13/EEClaying down the procedures for veterinary checks at Community border inspection posts on products from third countries6;
“destination establishment”, in relation to a product, means the establishment identified in the “Country of destination” entry on the notice of the product’s introduction or presentation given pursuant to regulation 17;
“Directive 92/118/EEC” means Council Directive 92/118/EEClaying 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/EEC7;
“Directive 97/78/EC” means Council Directive 97/78/EClaying down the principles governing the organisation of veterinary checks on products entering the Community from third countries8;
“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/EC and Annex A to Decision 93/13/EEC;
“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/EECconcerning the animal health conditions governing the placing on the market of aquaculture animals and products9,
(b) bivalve molluscs as defined in Article 2(1) of Council Directive 91/492/EEClaying down the health conditions for the production and the placing on the market of live bivalve molluscs10,
(c) echinoderms, tunicates and marine gastropods, and
(d) fishery products and aquaculture products as defined in Article 2 of Council Directive 91/493/EEClaying down the health conditions for the production and the placing on the market of fishery products11;
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 and Annex A to Decision 93/13/EEC;
“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 2, 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 into land, if—
(a) that person brings it into that territory or land as its owner;
(b) that person brings it into that territory or land as a carrier; or
(c) a carrier brings it into that territory or land on that person’s instructions;
but a product on board means of transport operating internationally and intended for consumption by the crew or passengers of that means of transport is not introduced into a territory or into land if it is not unloaded, or if 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) in relation to an area for which there is a port health authority, that port health authority;
(b) in relation to an area for which there is no port health authority the council of the county or county borough as the case may be;
“National Assembly” means the National Assembly for Wales;
“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/EC and who is appointed by the National Assembly 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...
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