The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with changes the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004 (S.I. 2004/1430).

They implement for Wales Council Directive 97/78/EC (laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries) (OJ No. L24, 30.1.98, p.9). Commission Decision 2002/349/EC (laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC) (OJ No. L121, 8.5.2002, p. 6) specifies the products of animal origin to which the Directive applies— meat, fish (including shellfish), milk, and products made from these, together with egg products and a large number of animal by-products, including casings, skins, bones and blood — from third countries.

The products to which the Regulations apply (defined in regulation 2(1)) must comply with the requirements listed, by reference to the relevant Community legislation, in Schedule 1. Trade samples and products intended for exhibition or study or analysis are exempt from the Regulations (regulation 3(1)). Products intended for personal use which comply with the conditions in regulation 3(3), are exempt from all but a few of the regulations.

Regulations 4 and 16 define the authorities that enforce the Regulations. At border inspection posts these will be port health authorities, who appoint official veterinary surgeons and official fish inspectors to conduct veterinary checks at each border inspection post in their area (regulation 6). The Commissioners of Customs and Excise enforce regulation 16 at other points of entry such as airports. Regulations 7, 8 and 9 confer the necessary enforcement powers.

Part 3 establishes the inspection system which will apply to the generality of products. The introduction into Wales of products which do not comply with the Schedule 1 requirements is prohibited, unless they are being transported across Wales (regulation 15). Products must be introduced at border inspection posts, advance notice of their introduction must be given, and they must be made available for inspection, together with required documentation, at a border inspection post (regulations 16 to 19). Regulations 21 to 28 deal with products which are rejected at inspection, are introduced illegally, or present a risk to animal or public health.

Parts 4 to 9 lay down special provisions which apply to particular categories of product (on-board catering supplies, products intended for free circulation in the Community, products in transit across Wales, products intended for warehousing under particular customs regimes, and products exported from the Community and then returned to it).

Part 10 deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part 11 confers on the National Assembly for Wales and the Food Standards Agency power to prohibit the introduction of products into Wales from non-European Economic Association countries in which there is an outbreak of animal disease; Part 12 establishes offences and penalties; and Part 13 deals with the service of notices and with notification of decisions.

Principal changes made by these Regulations

These Regulations provide for the use of the common veterinary entry document introduced by Commission Regulation (EC) No. 136/2004 (laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries) (OJ No. L21, 28.1.2004, p. 11), rather than the certificate of veterinary clearance. Part 1 of this document is used to give notice of the introduction of a product in accordance with regulation 17, and Part 2 is completed and issued by an official veterinary surgeon or an official fish inspector.

Andorra and San Marino are included in the definition of 'relevant territories' (regulation 2(1)) in line with Commission Regulation (EC) No. 745/2004 (laying down measures with regard to imports of products of animal origin for personal consumption) (OJ No. L122, 26.4.2004, p. 1)).

Regulation 3(3) incorporates the changes to the exemptions for personal imports introduced by Commission Regulation (EC) No. 745/2004.

Schedules 1 and 2 have been updated in order to implement Community instruments that have come into force since the Products of Animal Origin (Third Country Imports) Regulations 2004 came into force. The Regulations also implement the amendments made to Community instruments by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p. 33).

A Regulatory Appraisal has been prepared for these Regulations and placed in the library of the National Assembly for Wales. Copies can be obtained from the Animal and Plant Health Policy Division, Cathays Park, Cardiff, CF10 3NQ.