The Products of Animal Origin (Import and Export) (Amendment) Regulations 1997

Title and commencement

1.  These Regulations may be cited as the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 and shall come into force on 1st January 1998.

Interpretation

2.  In these Regulations “the principal Regulations” means the Products of Animal Origin (Import and Export) Regulations 1996(1).

Amendment of the principal Regulations

3.—(1) In regulation 1(2) of the principal Regulations,

(a) for the term “Decision 95/357” there shall be substituted the following—

““Decision 97/778” means Commission Decision 97/778/EC drawing up a list of border inspection posts agreed for veterinary checks on products and animals from third countries, laying down detailed rules concerning the checks to be carried out by the veterinary experts of the Commission and repealing Decision 96/742/EC(2), as read in accordance with Schedule 1;”;

(b) after the definition of the term “Decision 97/778” there shall be inserted the following—

““Directive 71/118” means Council Directive 71/118/EEC on health problems affecting trade in fresh poultry meat(3), as read in accordance with Schedule 1;

“Directive 72/462” means Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries(4), as read in accordance with Schedule 1;”;

(c) after the definition of the term “Directive 90/675” there shall be inserted the following—

““Directive 91/493” means Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products(5), as read in accordance with Schedule 1;

“Directive 92/45” means Council Directive 92/45/EEC on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat(6), as read in accordance with Schedule 1;”; and

(d) after the definition of “local authority” there shall be inserted the following—

““the New Zealand Equivalence Agreement” means the Agreement and Annexes attached to Council Decision 97/132/EC(7) on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products;”.

(2) For the term “Decision 95/357” in—

(a) the definition of “border inspection post” in regulation 1(2) of, and

(b) in regulation 20(2) of,

the principal Regulations, there shall be substituted the term “Decision 97/778”.

4.  In regulation 6 (enforcement powers) of the principal Regulations—

(a) at the end of paragraph (3)(e) there shall be added—

“or a representative of the New Zealand authorities acting as an inspector under the New Zealand Equivalence Agreement.”; and

(b) after paragraph (5) there shall be added—

“(6) Paragraph (3) above shall apply to a representative of the New Zealand authorities acting as an inspector under the New Zealand Equivalence Agreement in the same way as it applies to an authorised officer of the Minister or a local authority.”.

5.  For regulation 30 (calculation of charge) of the principal Regulations there shall be substituted the following—

“30.   The charge for carrying out a health inspection and control exercise must be reasonable, and

(a) in any case other than imports, must cover the factors listed in paragraphs 1(a), (c), (e) and (f) of Schedule 4, read with paragraphs 2 and 3 of that Schedule;

(b) in relation to any import of any product of animal origin which is not covered by sub-paragraph (c) to (e) below, must cover the factors specified in paragraph 1 of Schedule 4, read with paragraphs 2 and 3 of that Schedule;

(c) in relation to any import of meat—

(i) which is meat covered by the provisions of—

(aa) Directive 71/118, Chapter III (fresh poultry meat),

(bb) Directive 72/462 (fresh meat),

(cc) Directive 92/45, Chapter III (wild game meat), or

(dd) Directive 92/118, Chapter 11 of Annex I (rabbit meat and farmed game meat), and

(ii) which is imported from a third country which is not covered by sub-paragraph (e) below,

shall be calculated in accordance with Schedule 4A;

(d) in relation to any import of any fishery products—

(i) which are covered by the provisions of Chapter II of Directive 91/493 (fishery products which have to be imported through a border inspection post), other than those covered by paragraph 2 of article 10 in that Chapter, and

(ii) which are imported from a third country which is not covered by sub-paragraph (e) below,

shall be calculated in accordance with Schedule 4B; and

(e) in relation to any import of any product of animal origin from a third country specified in column 1 of Schedule 4C, shall be calculated in accordance with column 2 of that Schedule.”

6.  After regulation 30 there shall be inserted—

“European Currency Unit

30A.— (1) In Schedules 4A, B and C (charges applicable under regulation 30), the term “ECU” means European Currency Unit, and any reference in those Schedules to a specified number of ECU shall be taken as a reference to the sterling equivalent of that number of ECU, converted in accordance with paragraph (2) below.

(2) The sterling equivalent of any amount expressed in Schedules 4A, B or C as a number of ECU shall be calculated as follows—

(a) from 1st January 1998 to 31st December 1998, the rate shall be ECU 1equals;£0.774947(8); and

(b) from 1st January 1999, the rate for each subsequent year to 31st December shall be that which is normally published annually on the first working day of the preceding September in the C series of the Official Journal of the European Communities.”.

7.  In Schedule 1 to the principal Regulations,

(a) for the entry relating to Directive 82/894 there shall be substituted the following—

“Directive 71/118

1.   Directive 71/118 has been amended by, and must be read subject to:

• Council Directive 92/116/EEC (OJ No. L062, 15.3.93, p. 1);

• Council Directive 94/65/EC (OJ No. L368, 31.12.94, p. 10);

• Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1).

Directive 72/462

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

• Council Directive 77/98/EEC (OJ No. L26, 31.1.77, p. 81);

• Council Directive 83/91/EEC (OJ No. L59, 5.3.83, p. 34);

• Council Directive 87/64/EEC (OJ No. L34, 5.2.87, p. 52);

• Council Directive 88/289/EEC (OJ No. L124, 18.5.88, p. 1);

• Council Directive 88/657/EEC (OJ No. L382, 31.12.88, p. 3);

• Council Directive 89/227/EEC (OJ No. L93, 6.4.89, p. 25);

• Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p. 13);

• Council Directive 90/423/EEC (OJ No. L224, 18.8.90, p. 13);

• Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);

• Council Directive 90/675/EEC (OJ No. L373, 31.12.90, p. 1);

• Council Directive 91/69/EEC (OJ No. L46, 19.2.91, p. 37);

• Council Directive 91/266/EEC (OJ No. L134, 29.5.91, p. 45);

• Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);

• Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p. 69);

• Council Regulation (EEC) No. 3763/91 (OJ No. L356, 24.12.91, p. 1);

• Council Directive 91/688/EEC (OJ No. L377, 31.12.91, p. 18);

• Council Regulation (EEC) No. 1601/92 (OJ No. L173, 27.6.92, p. 13);

• Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1);

• Council Directive 96/91/EC (OJ No. L13 16.1.97 p. 27).

Directive 82/894

1B.   Directive 82/894 has been amended by, and must be read subject to:

• Council Regulation (EEC) No. 3768/85 (OJ No. L362, 31.12.85, p. 8);

• Commission Decision 89/162/EEC (OJ No. L61, 4.3.89, p. 48);

• Commission Decision 90/134/EEC (OJ No. L76, 22.3.90, p. 23);

• Commission Decision 92/450/EEC (OJ No. L248, 28.8.92, p. 77);

• Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1).”;

(b) after the entry relating to Directive 90/675, there shall be inserted the following—

“Directive 91/493

4A.   Directive 91/493 has been amended by, and must be read subject to:

• Council Directive 95/71/EC (OJ No. L332, 30.12.95, p. 40);

• Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1).

Directive 92/45

4B.   Directive 92/45 has been amended by, and must be read subject to:

• Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p. 1);

• Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1);” and

(c) for the entry relating to Decision 95/357, there shall be substituted the following—

“Decision 97/778

5.   Decision 97/778 has been amended by, and must be read subject to:

Commission Decision 97/779 (OJ No. L315, 19.11.97, p. 28).”.

8.  For Schedule 4 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

9.  After Schedule 4 to the principal Regulations there shall be inserted the Schedules set out in Schedule 2 to these Regulations.

Jeff Rooker

Minister of State, Ministry of Agriculture, Fisheries and Food

11th December 1997

Sewel

Parliamentary Under Secretary of State, Scottish Office

11th December 1997