The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2006

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) (Northern Ireland) Regulations 2004 S.R. 2004 No.464.

They implement for Northern Ireland Council Directive 97/78/EC (laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries) (O.J. 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) (O.J. 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.

Regulation 3 has been revised to provide for the exemption from the Regulations of products introduced into Northern Ireland with the previous authorisation of the Department as trade samples, for exhibition, or for particular studies or analyses. It is an offence to use such a product for an unauthorised purpose or to contravene a condition of the Department’s authorisation (regulation 3(3)). Regulation 3(4) requires that such products be disposed of or redispatched to a third country within six months of their introduction, or before the expiry of such other time as the Department may specify in it’s authorisation. Powers for an authorised officer to deal with products in the case of non-compliance are included at regulation 3(5) and 6.

Regulation 4 (which was previously part of regulation 3) provides that Part III, with the exception of regulation 25, and Parts IV to X do not apply to products intended for personal use that comply with the conditions laid down in that regulation.

Regulation 5 defines the authorities that enforce the Regulations. The Regulations make provision for their execution and enforcement by the Department of Agriculture and Rural Development, the Food Standards Agency and district councils. Regulations 7, 8 and 9 confer the necessary enforcement powers.

Part III establishes the inspection system, which will apply to the generality of products. The introduction into Northern Ireland of products, which do not comply with the Schedule 1 requirements is prohibited, unless they are being transported across Northern Ireland (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 IV to IX 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 Northern Ireland, products intended for warehousing under particular customs regimes and products exported from the Community and then returned to it).

Part X deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part XI confers on the Department and the Food Standards Agency power to prohibit the introduction of products into Northern Ireland from non-EEA countries in which there is an outbreak of animal disease; Part XII establishes offences and penalties and Part XIII deals with notices and with the notification of decisions.

Principal changes made by these Regulations

These Regulations introduce changes to the following regulations—

Regulation 2 all references to “intermediate storage warehouse” have been removed following changes by Council Regulation (EC No. 1774/2002 of the European Parliament laying down health rules concerning animal by-products not intended for human consumption).

Regulation 3 has been revised to provide for the exemption from the Regulations of products introduced into Northern Ireland with the previous authorisation of the Department as trade samples, for exhibition, or for particular studies or analyses. It is an offence to use such a product for an unauthorised purpose or to contravene a condition of the Department’s authorisation (regulation 3(3)). Regulation 3(4) requires that such products be disposed of or redispatched to a third country within six months of their introduction, or before the expiry of such other time as the Department may specify in it’s authorisation. Powers for an authorised officer to deal with products in the case of non-compliance are included at regulation 3(5) and 6.

Regulation 4 (Exemptions for personal import) has been introduced and the previous Regulation 5 (Powers to give directions) has been incorporated into the new Regulation 5 (Enforcement authorities, exchange of information and Powers to give directions).

Schedules 1 and 2 have been revised with minor technical amendments reflecting the constantly changing disease situation in third countries.