The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2007

Welsh Statutory Instruments

2007 No. 1710 (W.148)

AGRICULTURE, WALES

The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2007

Made

12 June 2007

Laid before the National Assembly for Wales

13 June 2007

Coming into force

14 June 2007

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community.

Exercising the powers conferred on them by that section, the Welsh Ministers make the following Regulations.

Title, application and commencement

1.—(1) The title of these Regulations is the Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2007.

(2) These Regulations apply in relation to Wales and come into force on 14 June 2007.

Amendment

2.—(1) The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007(3) are amended as follows.

(2) In regulation 2 (Interpretation), at the appropriate place, insert—

““composite product” (“cynnyrch cyfansawdd”) means a foodstuff intended for human consumption that contains both processed products of animal origin and products of plant origin and includes those products where the processing of primary product is an integral part of the production of the final product, but does not include foodstuffs containing any milk product that is derived from, and treated as provided for, countries not listed in Annex I to Commission Decision 2004/438/EC (laying down animal and public health and veterinary certifications conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption) (OJ No. L92, 12.4.2005, p. 47);”.

(3) In regulation 2 (Interpretation), for the definition of “product” substitute—

““product” (“cynnyrch”) means any product of animal origin listed in Chapter 2, 3, 4, 5, 12, 15, 16, 17, 19, 20, 21, 23, 28, 30, 31, 35, 41, 42, 43, 51 or 97 of the Table in Annex I to Commission Decision 2007/275/EC (concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC)(4), but does not include-

(a)

composite products and foodstuffs listed in Annex II to Commission Decision 2007/275/EC; or

(b)

composite products not containing meat or meat products, where less than half of the product is processed product of animal origin, provided that such products are—

(i)

shelf-stable at ambient temperature or have clearly undergone, in their manufacture, a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(ii)

clearly identified as intended for human consumption;

(iii)

securely packaged or sealed in clean containers; and

(iv)

accompanied by a commercial document and labelled in an official language of a member State, so that that document and labelling together give information on the nature, quality and number of packages of the composite products, the country of origin, the manufacturer and the ingredient;”.

(4) For paragraph (8) of regulation 4 (Exemption for authorised products and personal imports) substitute-

“(8) In this regulation “meat” (“cig”), “meat products” (“cynhyrchion cig”), “milk” (“llaeth”) and “milk products” (“cynhyrchion llaeth”) mean products of those types listed in Chapters 2 and 4 of the Table in the Annex to Commission Decision 2007/275/EC.”.

(5) In Schedule 1 (Import Conditions), Part VIII (Miscellaneous Products), after paragraph 19 insert—

“Composite products

20.   Commission Decision 2007/275 (concerning lists of animals and products to be subject to controls at border inspection posts under Council Directive 91/496 and 97/78/EC) (OJ No. L166, 4.5.2007, p. 9).”.

Jane Davidson

The Minister for Sustainability and Rural Affairs

12 June 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 (S.I. 2007/376 (W.36) (“the principal Regulations”). The Regulations give effect to Commission Decision 2007/275 (concerning lists of animals and products to be subject to controls at border inspection posts under Council Directive 91/496 and 97/78/EC) (OJ No. L166, 4.5.2007, p. 9).

Commission Decision 2007/275/EC specifies the products of animal origin from third countries to which the principal Regulations and 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) apply. The products are meat, fish (including shellfish), milk, and products made from these, together with egg products, honey and honey products, composite food products and a large number of animal by-products, including casings, skins, bones and blood.

Regulation 2(2) and (3) extends the ambit of the principal Regulations to cover composite products.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

S.I. 2005/2766. By virtue of sections 59(1) and 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006, functions conferred on the National Assembly for Wales by this designation are exercisable by the Welsh Ministers.

(2)

1972 c. 68.

(3)

S.I. 2007/376 (W.36).

(4)

OJ No. L116, 4.5.2007, p. 9.