Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement in Northern Ireland Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the single market (O.J. No. L395, 30.12.89, p. 13), Council Directive 90/675/EEC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (O.J. No. L373, 31.12.90, p. 1) and 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/EEC and, as regards pathogens, to Directive 90/425/EEC (O.J. No. L62, 15.3.93, p. 49). They will also implement in relation to imports of specified meat and fishery products, inspection charge requirements laid down in Council Directive 96/43/EC (O.J. No. L162, 1.7.96, p. 1) and in relation to imports of products of animal origin imported from New Zealand charges specified in the New Zealand Equivalence Agreement attached to Council Decision 97/132/EC (O.J. No. L57, 26.2.97, p. 4) and Council Decision 97/131/EC (O.J. No. L57, 26.2.97, p. 1).

The Regulations revoke and re-enact the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1993 and the Products of Animal Origin (Third Country Imports) (Charges) Regulations (Northern Ireland) 1993.

Part II deals with enforcement. The Regulations make provision for their joint execution and enforcement by the Department of Agriculture for Northern Ireland (“the Department”) and district councils. The Department does, however, have power to give directions to district councils concerning their execution and enforcement of the Regulations (regulations 3 and 4). They give powers of entry and inspection to enforce the Directives (regulation 5) and place a duty on district councils to provide returns (regulation 6). They place a duty to give reasons for decisions (regulation 7).

Part III deals with intra-Community trade. In this regard the Regulations make it an offence to export products of animal origin except in accordance with specified provisions (regulation 9). They provide for registration by, or notification to, the Department of certain establishments which produce or process or supply for export products of animal origin covered by Council Directive 92/118/EEC (regulations 10 and 11). They provide for the inspection and checking of imports, make provision for the removal of documents and place duties on consignees (regulations 12 to 14). They regulate consignments posing a risk to health and provide for repeated irregularities by an exporting establishment in Northern Ireland (regulations 15 and 16).

Parts IV and V relate to third country trade. In this regard the regulations require that imports of products of animal origin from third countries must be through border inspection posts in the European Communities (regulations 19 and 26). The Regulations also prescribe the procedure for such imports (regulations 20, 21 and 26). They regulate procedures in free zones and warehouses and transhipment under customs control (regulations 22, 23 and 26) and establish procedures for consignments posing a risk to health and illegal consignments (regulations 24 and 26).

Part VI relates to inspection charges in relation to imports of specified meat and fishery products and also in relation to products of animal origin imported from New Zealand, under the terms of the New Zealand Equivalence Agreement. The Department or district council is required to make a charge for the performance of their functions (regulation 28) and provide for the calculation of charges for health inspection and control exercises (regulation 29). They lay down who is liable to pay the charges (regulation 31) and provide that goods can be held until the charges have been paid (regulation 32). They require the Department and district councils to provide on request information relating to the charges and to consider any representations made concerning the charges by any person notified and require district councils to pass the information regarding the calculation of the charges, together with any representations, to the Department if it so requires (regulation 33) and sets out an appeal procedure (regulation 34).

Part VII relates to serious threats to health in other countries. A procedure is provided whereby products from an area outside Northern Ireland suffering from disease can be prevented from entering Northern Ireland (regulation 35).

Part VIII relates to offences and penalties (regulations 36 to 38) and Part IX disapplies the provisions listed in Schedule 5 from imports to which these Regulations apply (regulation 39).