The Products of Animal Origin (Import and Export) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, implement Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the single market (OJ 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 (OJ 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 (OJ No. L62, 15.3.93, p.49).

These Regulations revoke and replace in their entirety the Products of Animal Origin (Import and Export) Regulations 1992 (S.I. 1992/3298) (as amended) and the Products of Animal Origin (Third Country Imports) (Charges) Regulations 1992 (S.I. 1992/2911).

The Regulations make provision for the designation of official veterinary surgeons to implement them and provide for enforcement by the local authority and by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales. In addition, those Ministers and the Secretary of State for Health have powers to give directions to local authorities (regulations 2, 3 and 4).

The Regulations also give powers of entry and inspection to enforce the directives (regulation 6), they confer a duty on local authorities to provide returns (regulation 7) and they require the notification of decisions with reasons (regulation 8).

With respect to intra-Community trade, they make it an offence to export products of animal origin except in accordance with specified provisions (regulation 10). They provide for registration by, or notification to, the Minister of certain establishments which produce or process or supply for export products of animal origin covered by Council Directive 92/118/EEC (regulations 11 and 12). They provide for the inspection and checking of imports, make provision on the removal of documents and place duties on consignees (regulations 13 to 15). They regulate consignments posing a risk to health and provide for repeated irregularities by an exporting establishment in Great Britain (regulations 16 and 17).

For third country trade, they make it an offence to import otherwise than through a border inspection post (regulation 20) and specify import procedure (regulations 21, 22 and 27). They regulate procedures in free zones and free warehouses and transhipment under customs control (regulations 23 and 24) and establish procedures for consignments posing a risk to health and illegal consignments (regulation 25).

In relation to charges, the Regulations—

(a) require the Minister or local authorities to make a charge for the performance of their functions relating to health inspection and control exercises in respect of products of animal origin (regulation 29);

(b) provide for the calculation of the charges for the health inspection and control exercises (regulation 30);

(c) state who is liable to pay the charge (regulation 31);

(d) provide that goods cannot be released until charges have been paid (regulation 32);

(e) require the Minister and local authorities, where requested to do so, to provide information relating to charging and to consider any representations made concerning the charge by any person notified and require local authorities to pass information regarding the calculation of the charges, together with any representations, to the Minister if he so requires (regulation 33); and

(f) set out an appeals procedure (regulation 34).

They provide a procedure whereby products from an area outside Great Britain suffering from disease can be prevented from entering Great Britain (regulation 35).

They make provisions on offences and penalties (regulations 36 to 39) and disapply the provisions listed in Schedule 5 from imports to which these Regulations apply (regulation 40).

A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Meat Hygiene Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.