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Statutory Instruments

1996 No. 3125

AGRICULTURE

The Fresh Meat (Import Conditions) Regulations 1996

Made

11th December 1996

Laid before Parliament

11th December 1996

Coming into force

1st January 1997

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers 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, acting jointly, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, extent, commencement and interpretation

1.—(1) These Regulations, which extend to Great Britain, may be cited as the Fresh Meat (Import Conditions) Regulations 1996 and shall come into force on 1st January 1997.

(2) Unless the context otherwise requires, in these Regulations—

“animal health and certification decision” means any decision under the third countries Directive specified in Schedule 1 concerning animal health conditions and veterinary certificates for imports of fresh meat from specified States;

“approved establishment decision” means any decision under the third countries Directive specified in Schedule 2 on lists of establishments in specified States approved for the importation of fresh meat or, where indicated in Part II of that Schedule, of certain categories of fresh meat;

“border inspection post” has the meaning given by Article 2(2)(g) of Council Directive 90/675/EEC(3) laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, as amended by Council Regulation EEC No. 1601/92(4);

“EEA Agreement” means the Agreement on the European Economic Area(5) signed at Oporto on 2nd May 1992, as amended by the Protocol(6) signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“free zone” and “free warehouse” have the meaning given by Article 1(2) of the Products of Animal Origin Regulations;

“the fresh meat Directive” means Council Directive 64/433/EEC on health conditions for the production and marketing of fresh meat, set out in the Annex to Council Directive 91/497/EEC(7) and amended by Council Directive 92/5/EEC(8);

“the licensing Order” means the Importation of Animal Products and Poultry Products Order 1980(9);

“non-importation decision” means a decision specified in Schedule 3;

“the Products of Animal Origin Regulations” means the Products of Animal Origin (Import and Export) Regulations 1996(10);

“relevant animal health and certification decision” means, in relation to a State specified in any paragraph of Schedule 1, the animal health and certification decision specified in that paragraph;

“relevant approved establishments decision” means, in relation to a State specified in any paragraph of Schedule 2, the approved establishments decision specified in that paragraph;

“relevant EEA State” means an EEA State other than Iceland;

“samples” means fresh meat imported into Great Britain for exhibition, special studies or analysis;

“special importation requirement” means any requirement, relating to a region or State referred to in Schedule 4, which is indicated in the paragraph of that Schedule relating to that region or State;

“the third countries Directive” means Council Directive 72/462/EEC(11) on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries, as amended by the provisions listed in paragraph 1 of Schedule 5;

“third country” means a State which is not a relevant EEA State; and

“the third country list” means the list in the Annex to Council Decision 79/542/ EEC(12) drawing up a list of third countries from which the member States authorise imports of bovine and porcine animals, equidae, sheep and goats, fresh meat and meat products, which Annex was replaced by the Annex to Commission Decision 93/435/EEC(13) and has since been amended by the provisions listed in paragraph 2 of Schedule 5.

(3) Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(4) Unless the context otherwise requires, expressions used in these Regulations and in the fresh meat Directive have the same meaning in these Regulations as in that Directive.

(5) The following expressions, in particular, are defined in Article 1 of the fresh meat Directive—

(a)“meat” and “fresh meat”; and

(b)“wrapping” and “packaging”.

(6) Any reference in these Regulations to an instrument relating to the European Community or the European Economic Area is a reference to it as amended, modified or otherwise affected by any other such instrument; in particular all the Directives referred to in these Regulations have been adapted by the Act of Accession to the European Union of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden(14).

Fresh meat to which the Regulations apply

2.  Subject to regulations 3, 4, 5, and 10, these Regulations apply to fresh meat intended for human consumption.

Fresh meat for crew and passengers on board means of transport operating internationally

3.—(1) Subject to paragraph (2) below, these Regulations do not apply to fresh meat which is for consumption by the crew or passengers on board means of transport operating internationally.

(2) Where such fresh meat, including kitchen waste, is unloaded, it shall be destroyed, except where such unloading is solely for the purpose of transferring such fresh meat, directly or after being placed under customs supervision, from one means of transport to another.

Personal imports

4.  These Regulations do not apply to imports of fresh meat—

(a)forming part of a traveller’s personal luggage and intended for his personal consumption; or

(b)sent as small packages on a non-commercial basis,

provided that the fresh meat so imported comes from a third country, or part thereof, listed in Schedule 1 and the quantity does not exceed 1kg.

Fresh meat imported under authorisation, or for international organisations or visiting forces

5.  In relation to the following regulation 9(1)(c), (d) and (e) shall not apply—

(a)fresh meat imported with the authorisation of the country of destination for uses other than human consumption;

(b)fresh meat which is intended exclusively for the supply of international organisations; and

(c)fresh meat which is intended exclusively for consumption by members of a visiting force or their dependants (as defined in section 11 of the Visiting Forces Act 1952(15)).

Transhipment and storage of fresh meat consigned to a relevant EEA State from a third country

6.  Fresh meat consigned to a relevant EEA State from a third country may be transhipped through, and stored in, Great Britain, provided that—

(a)it complies with the conditions of the State to which it is consigned;

(b)it is not unloaded in Great Britain or is unloaded at a border inspection post in Great Britain; and

(c)during its time in Great Britain it is never outside a border inspection post, free zone or free warehouse except during any journey from one such place to another.

Fresh meat subject to a non-importation decision

7.  No person may import into Great Britain any fresh meat to which a non-importation Decision applies.

Fresh meat originating in a relevant EEA State

8.  No person may import into Great Britain fresh meat which originated in a relevant EEA State other than the United Kingdom unless—

(a)it has been obtained in accordance with Articles 3, 4 and 8a of Council Directive 72/461/EEC(16), as amended by the provisions listed in paragraph 3 of Schedule 5, on health problems affecting intra-Community trade in fresh meat;

(b)subject to regulation 10, it has been obtained from animals slaughtered in an establishment on a list of approved establishments drawn up by a relevant EEA State under Article 10 of the fresh meat Directive; and

(c)any special importation requirement is satisfied.

Fresh meat originating in a third country

9.—(1) No person may import into Great Britain fresh meat which originates in a third country unless—

(a)it is derived from animals which have remained for at least three months before slaughter, or since birth if they were less than three months old at slaughter, in a third country on the third country list from which imports of fresh meat of the species concerned are indicated as “authorised” on that list;

(b)it has been obtained in accordance with the animal health requirements set out in Article 14(2) and (3) of the third countries Directive and in the relevant animal health and certification decision;

(c)in the case of half carcases, half carcases cut into no more than three cuts, quarters or offal—

(i)the requirements of Chapters VI to VIII, XIV and XV of the fresh meat Directive are satisfied; and

(ii)it is derived from animals slaughtered in an establishment on a list in the relevant approved establishments decision;

(d)in the case of cuts smaller than quarters, boned meat, or offal, or sliced livers of bovine animals—

(i)the requirements of Chapters VI to X, XII, XIV and XV of the fresh meat Directive are satisfied; and

(ii)it is derived from carcases cut up in an establishment on a list in the relevant approved establishments decision;

(e)it bears a health mark applied in accordance with Chapter XI of the fresh meat Directive which—

(i)complies with paragraph 50 of that Chapter; or

(ii)indicates in clearly legible form—

(aa)the name of the country of origin in capitals, an abbreviation of its name or the International Organisation for Standardisation’s Code for the country as referred to in the third country list; and

(bb)the veterinary approval number of the establishment from which it comes as assigned by the relevant approved establishments decision;

(f)it is accompanied by—

(i)documentation in accordance with Article 3(1)(A)(f) of the fresh meat Directive; or

(ii)a public health certificate conforming to the model laid down in Annex A to the third countries Directive and an animal health certificate in accordance with the relevant animal health and certification decision;

(g)any special importation requirement is satisfied; and

(h)in the case of fresh meat derived from swine or solipeds, it has been examined or treated for trichinae in accordance with Council Directive 77/96/EEC(17) on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine, as amended by the provisions listed in paragraph 4 of Schedule 5.

(2) Paragraph (1)(c), (d) and (e) has effect subject to regulation 10.

(3) No person may import into Great Britain fresh meat—

(a)derived from boars or cryptorchid pigs;

(b)derived from animals to which hormonal substances prohibited under Council Directive 81/602/EEC(18) concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action or Council Directive 88/146/EEC(19) prohibiting the use in livestock farming of certain substances having a hormonal action have been administered;

(c)which has been treated with ionising or ultra-violet radiation;

(d)derived from animals to which tenderisers or other products likely to affect adversely the composition or organoleptic characteristics of the meat have been administered;

(e)to which, for the purpose of health marking, any colouring matter other than those referred to in paragraph 58 of Chapter XI of Annex I to the fresh meat Directive has been added;

(f)derived from animals which have been found—

(i)to have any form of tuberculosis;

(ii)to be carrying any cysticerci bovis or cysticerci cellulosae, whether live or dead; or

(iii)in the case of swine, to have trichinae;

(g)derived from animals slaughtered too young; or

(h)in pieces of less than 100 grams.

(4) No person shall import into Great Britain any mechanically recovered meat, or any blood, bovine head or any muscular or other tissue of a bovine head other than the tongue.

Importation and treatment of samples and their packaging

10.—(1) Regulations 8(1)(b) and 9(1)(c), (d) and (e) above shall not apply to samples.

(2) Samples shall be taken directly from the port or airport of entry to the address at which they are to be exhibited, studied or analysed.

(3) Samples shall not be used for human consumption or sold.

(4) All residues of the samples and all of their packaging shall be destroyed by incineration or by other means sufficient to destroy pathogenic agents.

(5) It shall be the duty of the person having possession of the samples for the time being to comply with paragraph (2) above and to ensure that there is no contravention of paragraph (3) above.

(6) It shall be the duty of the person having possession of the samples at the time of the completion or abandonment of the exhibition, special studies or analysis for which the samples were intended, to comply with paragraph (4) above.

Certificates and other documents

11.  A certificate or other document required for any of the purposes of these Regulations is invalid for that purpose unless—

(a)it is in English and at least one of the official languages of the country of destination where this is a member State other than the United Kingdom;

(b)it is original or, where the consignment has entered the European Community through a border inspection post, a copy provided and authenticated by the official veterinarian responsible for that border inspection post;

(c)it consists of a single piece of paper; and

(d)it is made out to a single consignee.

Offences and penalties

12.  A person contravening any provision of these Regulations shall be guilty of an offence and shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months or both; and

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

Disapplication of the Imported Food Regulations and licensing Order

13.—(1) The Imported Food Regulations 1984(20) and the Imported Food (Scotland) Regulations 1985(21) shall not apply to fresh meat to which these Regulations apply.

(2) The licensing Order shall not apply to fresh meat to which these Regulations apply.

(3) The licensing Order shall not apply to samples other than those coming from a third country.

Application of the Products of Animal Origin Regulations

14.—(1) The Products of Animal Origin Regulations shall apply to imports of fresh meat subject to the following provisions of this regulation.

(2) Regulation 5 of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 9 of these Regulations (fresh meat originating in a third country) formal part of the checking and certification required to be carried out by local authorities.

(3) Regulation 13 of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 8 of these Regulations (fresh meat originating in a relevant EEA State) were health conditions.

(4) Regulation 25(2) of the Products of Animal Origin Regulations shall be construed as if the conditions of import in regulation 9 of these Regulations (fresh meat originating in a third country) were health conditions.

Angela Browning

Parliamentary Secretary,

Ministry of Agriculture,

Fisheries and Food

10th December 1996

Lindsay

Parliamentary Under Secretary of State,

Scottish Office

11th December 1996

Regulation 1(2)

SCHEDULE 1ANIMAL HEALTH AND CERTIFICATION DECISIONS

Argentina

1.  Commission Decision 93/402/EEC of 10 June 1993 (OJ No. L179, 22.7.93, p. 11) (“the South American Decision”), as amended by—Commission Decision 95/349/EC (OJ No. L202, 26.8.95, p. 10)

Australia

2.  Commission Decision 80/801/EEC of 25 July 1980 (OJ No. L234, 5.9.80, p. 41), as amended by—Commission Decision 81/662/EEC (OJ No. L237, 22.8.81, p. 33)

Belize

3.  Commission Decision 84/292/EEC of 27 April 1984 (OJ No. L144, 30.5.84, p. 10)

Botswana

4.  Commission Decision 92/22/EEC of 13 November 1991 (OJ No. L10, 16.1.92, p. 34)

Brazil

5.  The South American Decision, as amended for Brazil by—Commission Decision 94/732/EC (OJ No. L292, 12.11.94, p. 37) Commission Decision 95/349/EC (OJ No. L202, 26.8.95, p. 10) Commission Decision 96/595/EC (OJ No. L261, 15.10.96, p. 41)

Bulgaria

6.  Commission Decision 92/222/EEC of 26 March 1992 (OJ No. L108, 25.4.92, p. 38), as amended by—Commission Decision 92/453/EEC (OJ No. L250, 29.8.92, p. 46)

Canada

7.  Commission Decision 80/804/EEC of 25 July 1980 (OJ No. L236, 9.9.80, p. 25), as amended by—Commission Decision 81/441/EEC (OJ No. L168, 25.6.81, p. 25) Commission Decision 81/662/EEC (OJ No. L237, 22.8.81, p. 33)

Chile

8.  The South American Decision

Colombia

9.  The South American Decision

Costa Rica

10.  Commission Decision 81/887/EEC of 19 October 1981 (OJ No. L324, 12.11.81, p. 25)

Croatia

11.  Commission Decision 92/390/EEC of 2 July 1992 (OJ No. L207, 23.7.92, p. 53), as amended by—Commission Decision 93/234/EEC (OJ No. L106, 30.4.93, p. 16)

Cuba

12.  Commission Decision 86/72/EEC of 19 February 1986 (OJ No. L76, 21.3.86, p. 47)

Cyprus

13.  Commission Decision 86/463/EEC of 3 September 1986 (OJ No. L271, 23.9.86, p. 23)

Czech Republic

14.  Commission Decision 94/845/EC of 20 December 1994 (OJ No. L352, 31.12.94, p. 38), as amended by—Commission Decision 96/131/EC (OJ No. L30, 8.2.96, p. 51)

Greenland

15.  Commission Decision 86/117/EEC of 7 March 1986 (OJ No. L99, 15.4.86, p. 26)

Guatemala

16.  Commission Decision 82/414/EEC of 10 June 1982 (OJ No. L182, 26.6.82 p. 27)

Honduras

17.  Commission Decision 89/221/EEC of 8 March 1989 (OJ No. L92, 5.4.89, p. 16)

Hungary

18.  Commission Decision 82/8/EEC of 9 December 1981 (OJ No. L8, 13.1.82, p. 9)

Iceland

19.  Commission Decision 83/84/EEC of 15 February 1983 (OJ No. L56, 3.3.83, p. 26)

Former Yugoslav Republic of Macedonia

20.  Commission Decision 81/547/EEC of 24 June 1981 (OJ No. L206, 27.7.81, p. 15), as amended by—Commission Decision 83/70/EEC (OJ No. L47, 19.2.83, p. 25) Commission Decision 83/199/EEC (OJ No. L108, 26.4.83, p. 23) Commission Decision 91/73/EEC (OJ No. L43, 16.2.91, p. 45) Commission Decision 92/453/EEC (OJ No. L250, 29.8.92, p. 46)

Madagascar

21.  Commission Decision 90/156/EEC of 19 March 1990 (OJ No. L89, 4.4.90, p. 13)

Malta

22.  Commission Decision 84/294/EEC of 27 April 1984 (OJ No. L144, 30.5.84, p. 17)

Mexico

23.  Commission Decision 83/380/EEC of 27 July 1983 (OJ No. L222, 13.8.83, p. 27)

Morocco

24.  Commission Decision 84/295/EEC of 27 April 1984 (OJ No. L144, 30.5.84, p. 21)

Namibia

25.  Commission Decision 92/24/EEC of 12 November 1991 (OJ No. L10, 16.1.92, p. 46)

New Zealand

26.  Commission Decision 80/805/EEC of 25 July 1980 (OJ No. L236, 9.9.80, p. 28), as amended by—Commission Decision 81/662/EEC (OJ No. L237, 22.8.81, p. 33)

Panama

27.  Commission Decision 86/63/EEC of 12 February 1986 (OJ No. L72, 15.3.86, p. 36)

Paraguay

28.  The South American Decision

Poland

29.  Commission Decision 82/9/EEC of 9 December 1981 (OJ No. L8, 13.1.82, p. 15), as amended by—Commission Decision 92/453/EEC (OJ No. L250, 29.8.92, p. 46)

Romania

30.  Commission Decision 82/132/EEC of 4 February 1982 (OJ No. L60, 3.3.82, p. 16), as amended by—Commission Decision 92/453/EEC (OJ No. L250, 29.8.92, p. 46)

Slovak Republic

31.  Commission Decision 94/846/EC of 20 December 1994 (OJ No. L352, 31.12.94, p. 48)

Slovenia

32.  Commission Decision 92/377/EEC of 2 July 1992 (OJ No. L197, 16.7.92, p. 75), as amended by—Commission Decision 93/234/EEC (OJ No. L106, 30.4.93, p. 16)

South Africa

33.  Commission Decision 92/21/EEC of 12 November 1991 (OJ No. L10, 16.1.92, p. 28)

Swaziland

34.  Commission Decision 92/23/EEC of 13 November 1991 (OJ No. L10, 16.1.92, p. 40)

Switzerland

35.  Commission Decision 81/526/EEC of 19 June 1981 (OJ No. L196, 18.7.81, p. 19), as amended by—Commission Decision 83/70/EEC (OJ No. L47, 19.2.83, p. 25) Commission Decision 93/148/EC (OJ No. L58, 11.3.93, p. 63)

Turkey

36.  Commission Decision 90/445/EEC of 26 July 1990 (OJ No. L228, 22.8.90, p. 28)

United States of America

37.  Commission Decision 82/426/EEC of 10 June 1982 (OJ No. L186, 30.6.82, p. 54), as amended by— Commission Decision 85/164/EEC (OJ No. L63, 2.3.85, p. 26)

Uruguay

38.  The South American Decision, as amended for Uruguay by—Commission Decision 94/334/EC (OJ No. L148, 15.6.94, p. 12) Commission Decision 95/443/EC (OJ No. L258, 28.10.95, p. 65)

Zimbabwe

39.  Commission Decision 92/25/EEC of 13 November 1991 (OJ No. L10, 16.1.92, p. 52), as amended by—Commission Decision 94/171/EC (OJ No. L78, 22.3.94, p. 41) Commission Decision 96/585/EC (OJ No. L255, 9.10.96, p. 21)

Regulation 1(2)

SCHEDULE 2APPROVED ESTABLISHMENTS DECISIONS

PART ISTATES

Argentina

1.  Commission Decision 81/91/EEC of 30 January 1981 (OJ No. L58, 5.3.81, p. 39), as amended by—Commission Decision C(93) 3123 (OJ No. C310, 16.11.93, p. 2) Commission Decision C(94) 1667 (OJ No. C186, 8.7.94, p. 10) Commission Decision C(95) 843 (OJ No. C98, 21.4.95, p. 4) Commission Decision C(95) 1780 (OJ No. C193, 27.7.95, p. 6)

Australia

2.  Commission Decision 83/384/EEC of 29 July 1983 (OJ No. L222, 13.8.83, p. 36), as amended by—Commission Decision C(94) 2698 (OJ No. C302, 28.10.94, p. 2)

Botswana

3.  Commission Decision 83/243/EEC of 10 May 1983 (OJ No. L129, 19.5.83, p. 70), as amended by—Commission Decision C(94) 1676 (OJ No. C189, 12.7.94, p. 8) Commission Decision C(95) 2899 (OJ No. C338, 16.12.95, p. 3)

Brazil

4.  Commission Decision 81/713/EEC of 28 July 1981 (OJ No. L257, 10.9.81, p. 28), as amended by—Commission Decision C(94) 1452 (OJ No. C163, 15.6.94, p. 5) Commission Decision C(95) 1172 (OJ No. C147, 14.6.95, p. 6) Commission Decision C(95) 1994 (OJ No. C205, 10.8.95, p. 5)

Bulgaria

5.  Council Decision 82/735/EEC of 18 October 1982 (OJ No. L311, 8.11.82, p. 16), as amended by—Commission Decision C(93) 2801 (OJ No. C277, 15.10.93, p. 4) Commission Decision C(96) 303 (OJ No. C45, 17.2.96, p. 4)

Canada

6.  Commission Decision 87/258/EEC of 28 April 1987 (OJ No. L121, 9.5.87, p. 50), as amended by—Commission Decision C(94) 2836 (OJ No. C312, 9.11.94, p. 3) Commission Decision C(95) 3602 (OJ No. C3, 6.1.96, p. 9)

Chile

7.  Commission Decision 87/124/EEC of 19 January 1987 (OJ No. L51, 20.2.87, p. 41), as amended by—Commission Decision C(93) 3430 (OJ No. C349, 29.12.93, p. 8)

Croatia

8.  Commission Decision 92/26/EEC of 11 December 1992 (OJ No. L16, 25.1.93, p. 24), as amended by—Commission Decision C(94) 284 (OJ No. C55, 23.2.94, p. 8)

Czech Republic

9.  Commission Decision 93/546/EEC of 12 October 1993 (OJ No. L266, 27.10.93, p. 31), as amended by—Commission Decision C(94) 1964 (OJ No. C223, 11.8.94, p. 12)

Greenland

10.  Commission Decision 85/539/EEC of 29 November 1985 (OJ No. L334, 12.12.85, p. 25), as amended by—Commission Decision C(89) 1885 (OJ No. C286, 14.11.89, p. 5)

Guatemala

11.  Commission Decision 82/923/EEC of 17 December 1982 (OJ No. 381, 31.12.82, p. 40).

Hungary

12.  Council Decision 82/733/EEC of 18 October 1982 (OJ No. L311, 8.11.82, p. 10), as amended by—Commission Decision C(93) 1916 (OJ No. C192, 16.7.93, p. 2) Commission Decision C(94) 3453 (OJ No. C355, 14.12.94, p. 8) and Corrigendum 94/C382/10 (OJ No. C382, 31.12.94, p. 39)

Iceland

13.  Commission Decision 84/24/EEC of 23 December 1983 (OJ No. L20, 25.1.84, p. 21), as amended by—Commission Decision C(94) 1460, (OJ No. C169, 22.6.94, p. 9) Commission Decision C(95) 3561 (OJ No. C350, 30.12.95, p. 20) Commission Decision C(96) 2906 (OJ No. C317 26.10.96, p. 38)

Former Yugoslav Republic of Macedonia

14.  Commission Decision 95/45/EC of 20 February 1995 (OJ No. L51, 8.3.95, p. 13)

Madagascar

15.  Commission Decision 90/165/EEC of 28 March 1990 (OJ No. L091, 6.4.90, p. 34), as amended by—Commission Decision C(92) 1633 (OJ No. C186, 23.7.92, p.20)

Malta

16.  Commission Decision 87/548/EEC of 6 November 1987 (OJ No. L327, 18.11.87, p. 28)

United Mexican States

17.  Commission Decision 87/424/EEC of 14 July 1987 (OJ No. L228, 15.8.87, p. 43), as amended by—Commission Decision C(94) 1976 (OJ No. C210, 30.7.94, p. 18)

Morocco

18.  Commission Decision 86/65/EEC of 13 February 1986 (OJ No. L72, 15.3.86, p. 40)

Namibia

19.  Commission Decision 90/432/EEC of 30 July 1990 (OJ No. L223, 18.8.90, p. 19), as amended by—Commission Decision C(94) 1975 (OJ No. C210, 30.7.94, p. 18)

New Zealand

20.  Commission Decision 83/402/EEC of 29 July 1983 (OJ No. L233, 24.8.83, p. 24), as amended by—Commission Decision C(94) 2696 (OJ No. C298, 26.10.94, p. 3) Commission Decision C(95) 1351 (OJ No. C157, 23.6.95, p. 3)

Paraguay

21.  Commission Decision 83/423/EEC of 29 July 1983 (OJ No. L238, 27.8.83, p. 39), as amended by—Commission Decision C(93) 3562 (OJ No. C337, 14.12.93, p. 3) Commission Decisiokn C(96) 2158 (OJ No. C241, 20.9.96, p. 2)

Poland

22.  Commission Decision 84/28/EEC of 6 January 1984 (OJ No. L021, 26.1.84, p. 42), as amended by—Commission Decision C(94) 2697 (OJ No. C298, 26.10.94, p. 8) Commission Decision C(95) 2156 (OJ No. C235, 9.9.95, p. 3)

Romania

23.  Commission Decision 83/218/EEC of 22 April 1983 (OJ No. L121, 7.5.83, p. 23), as amended by—Commission Decision C(94) 2753 (OJ No. C320, 17.11.94, p. 7)

Slovak Republic

24.  Council Decision 93/547/EEC of 12 October 1993 (OJ No. L266, 27.10.93, p. 33), as amended by—Commission Decision C(94) 1963 (OJ No. C233, 11.8.94, p. 11) Commission Decision C(95) 2065 (OJ No. C227, 1.9.95, p. 2)

Slovenia

25.  Commission Decision 93/27/EEC of 11 December 1992 (OJ No. L16, 25.1.93, p. 26), as amended by—Commission Decision C(94) 2213 (OJ No. C229, 8.8.94, p. 7)

South Africa

26.  Commission Decision 82/913/EEC of 16 December 1982 (OJ No. L381, 31.12.82, p. 28), as amended by—Commission Decision 90/433/EEC (OJ No. L223, 18.8.90, p. 21) Commission Decision C(95) 1681 (OJ No. C187, 21.7.95, p. 10)

Swaziland

27.  Commission Decision 82/814/EEC of 17 November 1982 (OJ No. L343, 4.12.82, p. 24), as amended by—Commission Decision C(89) 1686 (OJ No. C252, 5.10.89, p. 4)

Switzerland

28.  Council Decision 82/734/EEC of 18 October 1982 (OJ No. L311, 8.11.82, p. 13), as amended by—Commission Decision 92/2/EEC (OJ No. L1, 4.1.92, p. 22) Commission Decision C(93) 774 (OJ No. C98, 7.4.93, p. 13) Commission Decision C(96) 304 (OJ No. C45, 17.2.96, p. 3)

Turkey

29.  Commission Decision 83/234/EEC of 29 April 1983 (OJ No. L127, 17.5.83, p. 20)

United States of America

30.  Commission Decision 87/257/EEC of 28 April 1987 (OJ No. L121, 9.5.87, p. 46), as amended by—Commission Decision C(94) 1672 (OJ No. C191, 14.7.94, p. 3) Commission Decision C(96) 205 (OJ No. C43, 15.2.96, p. 3)

Uruguay

31.  Commission Decision 81/92/EEC of 30 January 1981 (OJ No. L58, 5.3.81, p. 43), as amended by—Commission Decision C(92) 2636 (OJ No. C295, 11.11.92, p. 3) Commission Decision C(95) 879 (OJ No. C113, 5.5.95, p. 4) Commission Decision C(96) 1604 (OJ No. C227, 6.8.96, p. 2)

Zimbabwe

32.  Commission Decision 85/473/EEC of 2 October 1985 (OJ No. L278, 18.10.85, p. 35), as amended by—Commission Decision C(92) 1303 (OJ No. C161, 27.6.92, p. 8) Commission Decision C(95) 2477 (OJ No. C283, 27.10.95, p. 9)

PART IILIMITATION OF CERTAIN DECISIONS

The Decisions specified in paragraphs 1, 5 and 31 of Part I of this Schedule are limited to the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds.

Regulation 1(2)

SCHEDULE 3NON-IMPORTATION DECISIONS

Albania

1.  Commission Decision 89/197/EEC (OJ No. L73, 17.3.89, p. 53), concerning the import by Member States of fresh meat from Albania (which bans all imports of fresh meat from Albania).

Bosnia-Herzegovina

2.  Commission Decision 92/271/EEC (OJ No. L138, 21.5.92, p. 39) (which suspends the importation into the Community of live animals and animal products originating in or coming via the Republic of Bosnia-Herzegovina).

Greece

3.  Commission Decision 96/526/EC (OJ No. L221 31.8.96, p. 65) (article 2 of which prohibits, with certain specified exceptions the importation into the Community of fresh meat coming from certain parts of Greece).

Regulation 1(2)

SCHEDULE 4SPECIAL IMPORTATION REQUIREMENTS

Sardinia

1.  Commission Decision 95/108/EC (OJ No. L79, 7.4.95, p. 29) concerning health protection measures against African swine fever in Sardinia (which permits the movement from Sardinia of fresh pigmeat originating in certain provinces of Sardinia and subject to certain conditions).

South America

2.  The offal to which Article 3 of the South American Decision applies may only be imported from—

(a)Argentina;

(b)Brazil;

(c)Chile;

(d)Colombia;

(e)Paraguay;

(f)Uruguay,

in accordance with the conditions of an authorisation in writing granted by the Minister of Agriculture, Fisheries and Food.

Regulations 1(2), 8(1)(a) and 9(h)

SCHEDULE 5AMENDMENTS TO COMMUNITY LEGISLATION

1.  Council Directive 72/462/EEC has been amended by and must be read subject to:

2.  The Annex to Council Decision 79/542/EEC, as replaced by the Annex to Commission Decision 93/435/EEC, has been amended by and must be read subject to:

3.  Council Directive 72/461/EEC has been amended by and must be read subject to:

4.  Council Directive 77/96/EEC has been amended by and must be read subject to:

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, implement Council Directives 72/461/EEC and 72/462/EEC, as amended.

The Regulations also implement Commission Directive 94/59/EC which amends the Annexes to Council Directive 77/96/EEC on the examination for Trichinae upon importation from third countries of fresh meat derived from domestic swine.

The Regulations apply to fresh meat for human consumption obtained from bovine animals, swine, sheep, goats and solipeds (horses etc.) (regulation 2).

Exempt from the Regulations are: fresh meat for the crew and passengers on board international transport (regulation 3), personal imports (regulation 4) and fresh meat imported under authorisation, or for international organisations or visiting forces (regulation 5).

Provision is made for the transhipment through, and storage in, Great Britain of fresh meat consigned from a third country to an EEA State other than the United Kingdom (regulation 6).

The Regulations prohibit the importation of fresh meat into Great Britain except in accordance with the provisions of the Regulations (regulations 7, 8 and 9) and provide for the importation and treatment of samples and their packaging (regulation 10).

The Regulations set out certain requirements for certificates and documents needed for the purposes of the Regulations (regulation 11) and make provision regarding offences and penalties (regulation 12).

The Regulations provide that the Importation of Animal Products and Poultry Products Order 1980 and the Imported Food Regulations 1984 shall not apply to fresh meat (regulation 13) and specify which provisions of the Products of Animal Origin (Import and Export) Regulations 1996 apply for enforcement purposes (regulation 14).

As the Regulations impose no new obligations on the fresh meat industry it has not been necessary to prepare a Compliance Cost Assessment.

(1)

S.I. 1972/1811.

(3)

OJ No. L373, 31.12.90, p. 1.

(4)

OJ No. L173, 26.7.92, p. 13.

(5)

OJ No. L1, 3.1.94, p. 1.

(6)

OJ No. L1, 3.1.94, p. 571.

(7)

OJ No. L268, 24.4.91, p. 69.

(8)

OJ No. L57, 2.3.92, p. 1.

(9)

S.I. 1980/14 relevant amending instruments are S.I. 1982/948, 1990/2371, 1993/1331 and 1994/2920, 3142 and 3144.

(10)

S.I. 1996/3124.

(11)

OJ No. L302, 31.12.72, p. 28.

(12)

OJ No. L46, 14.6.79, p. 15.

(13)

OJ No. L201, 11.8.93, p. 28.

(14)

OJ No. C241, 29.8.94, p. 21.

(16)

OJ No. L302, 31.12.72, p. 24.

(17)

OJ No. L26, 31.1.77, p. 67.

(18)

OJ No. L222, 7.8.81, p. 32.

(19)

OJ No. L70, 16.3.88, p. 16.

(20)

S.I. 1984/1918, amended by S.I. 1990/2371 and 2436.

(21)

1985/913, amended by S.I. 1990/2625.