The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005
| Jurisdiction | Wales |
| Citation | SI 2005/666 (W56) |
| Year | 2005 |
2005 No. 666 (W.56)
AGRICULTURE, WALES
The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005
Made 8th March 2005
Coming into force 15th March 2005
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 that section, 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) (Wales) Regulations 2005; they apply in relation to Wales only and come into force on 15 March 2005.
Interpretation
2.—(1) In these Regulations—
“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;
“Article 9 product” (“cynnyrch Erthygl 9”)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” (“swyddog awdurdodedig”) means a person who is authorised by the National Assembly for Wales, a local authority or the Agency, either generally or specially, to act in matters arising under these Regulations, whether or not that person is an officer of the National Assembly for Wales or of a local authority or the Agency;
“border inspection post” (“safle arolygu ar y ffin”) means—
(a) a border inspection post which is included in the list contained in the Annex to Commission Decision 2001/881/EC3; 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 European Free Trade Association Surveillance Authority;4
“border inspection post of destination” (“safle arolygu ar y ffin ar gyfer cyrchfan”) means the border inspection post via which an Article 9 product is intended for import;
“border inspection post of introduction” (“safle arolygu ar y ffin are gyfer cyflwyno”) 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” (“cludydd sydd â gofal am y tro”) 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” (“y Comisiynwyr”)means the Commissioners of Customs and Excise;
“common veterinary entry document” (“dogfen fynediad filfeddygol gyffredin”) means a document in the form set out in Annex III to Regulation (EC) No. 136/2004;
“Community establishment of origin” (“sefydliad tarddiad Cymunedol”) 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” (“llwyth”) 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” (“swyddog corfforaethol”) 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” (“y Cod Tollau”) means Council Regulation (EEC) No 2913/92(establishing the Community Customs Code)5;
“customs officer” (“swyddog tollau”)means an officer as defined in section 1(1) of the Customs and Excise Management Act 19796(a person commissioned by the Commissioners);
“the customs territory of the Community” (“tiriogaeth dollau'r Gymuned”) has the same meaning as in Article 3 of the Customs Code;
“customs warehouse” (“warws y tollau”) 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” (“sefydliad gyrchfan”) 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” (“Cyfarwyddeb 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)7;
“Directive 97/78/EC” (“Cyfarwyddeb 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” (“gwiriad dogfennol”) 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” (“cynhyrchion pysgodfeydd”) 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)9,
(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)10,
(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)11;
but excludes aquatic mammals, reptiles and frogs, and parts thereof;
“free circulation” (“cylchrediad rhydd”) has the same meaning as in Articles 23(2) and 24 of the Treaty establishing the European Community;
“free warehouse” (“warws rydd”) and “free zone” (“parth rhydd”) have the same meanings as in Title IV, Chapter 3, Section 1 of the Customs Code;
“hay” (“gwair”) 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” (“gwiriad adnabod”) 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” (“mewnforio”), as a noun, means release for free circulation within the meaning of Article 79 of the Customs Code;
“import conditions” (“amodau menwforio”) 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” (“warws storio drosiannol”) 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” (“cyflwyno”) means bring into; and a person introduces a product into a territory or area, if—
(a) that person brings it into that territory or area as its owner;
(b) that person 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 and intended for consumption by the crew or passengers of that means of transport is not introduced into a territory or area 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” (“awdurdod lleol”) means—
(a) where there is a port health authority, that port health authority;
(b) where there is no port health authority, the council of the county or county borough as the case may be;
“non-conforming product” (“cynnyrch nad yw'n cydymffurfio”) means a product which does not comply with the import conditions;
“official fish inspector” (“archwilydd pysgod swyddogol”) means an environmental health officer appointed as an official fish inspector by a local authority pursuant to regulation 6(2)(b);
“official veterinary surgeon” (“milfeddyg swyddogol”) 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 National Assembly for Wales pursuant to regulation 6(1)(a) or by a local authority pursuant to regulation 6(2)(a);
“operator” (“gweithredydd”) 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” (“perchennog”), in relation to a...
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