The Animal Feedingstuffs from Belgium (Control) (No.2) (Scotland) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Scotland revoke and re-enact with certain changes, the Animal Feedingstuffs from Belgium (Control) (Scotland) Regulations 1999 (S.S.I.1999/ ) (“the revoked Regulations”) and implements in Scotland, in relation to products for animal feeding–

• Commission Decision 1999/449/EC on protective measures with regard to contamination by dioxins of certain products of animal origin intended for human or animal consumption (OJ No. L175, 10.7.1999, p.70) and Commission Decision 1999/551/EC amending Decision 1999/449/EC on protective measures with regard to contamination by dioxins of certain products of animal origin intended for human or animal consumption (OJ No. L209, 7.8.1999, p.42).

Like the revoked Regulations, these Regulations define “controlled entity” (regulation 1(2)), prohibit (subject to exceptions (regulation 2)) the carrying out of specified operations in relation to controlled entities (regulation 3), specify the enforcement authorities (regulation 4) and apply with modifications provisions of the Food Safety Act 1990 (regulation 5).

In addition to making minor and drafting changes to the revoked Regulations, these Regulations, by referring to Decision 1999/449/EC and Decision 1999/551/EC, make the following changes of substance–

(a) the definition of “controlled entity” now reflects the following changes made by Decision 1999/551/EC–

(i) the extension of the coverage of Commission Decision 1999/449/EC so that it applies not just (as before) to live domestic fowls, hatching eggs and products derived from domestic fowls, pigs and bovine animals, but also to all other poultry, and hatching eggs and products derived therefrom;

(ii) alteration of the rearing periods on the basis of which the controls described in paragraph (i) apply, and the disapplication of the closure dates previously applicable to pigs and bovine animals, and products derived from them (3rd June 1999) and to live domestic fowls, and hatching eggs and products derived from them (1st June 1999); and

(iii) the extension (to include fresh pig meat and beef meat, and derived products) of the range of products in relation to which the controls contained in Commission Decision 1999/449/EEC as amended do not apply where analysis shows that the level of contamination by dioxins does not exceed the relevant maximum level for PCB set out in Annex A to that Decision as amended; and

(b) they vary the certification required for the importation of products from Belgium.