The Feeding Stuffs (Establishments and Intermediaries) Regulations 1998

Definition of “establishment” and related definitions

3.  In these Regulations, “establishment” has the meaning given by Article 1.3 of Directive 95/69 and—

“EC approved Article 2.2(a)(A) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a Member State, in implementation of Article 5 of Directive 95/69, as an establishment on which an additive, of any kind referred to in Chapter I.1(a) of the Annex, may be manufactured with a view to putting it into circulation;

“EC approved Article 2.2(a)(P) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a Member State, in implementation of Article 5 of Directive 95/69, as an establishment on which a Directive 82/471 product, of any kind referred to in Chapter I.1(a) of the Annex, may be manufactured with a view to putting it into circulation;

“EC approved Article 2.2(b) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a Member State, in implementation of Article 5 of Directive 95/69, as an establishment on which a premixture, which contains additives of any kind referred to in Chapter I.2(a) of the Annex, may be manufactured with a view to putting it into circulation;

“EC permitted Article 2.2(a)(A) establishment” means—

(a)

before 1st September 1998, an establishment located in a Member State (other than an EC approved Article 2.2(a)(A) establishment or an establishment which a competent authority in the Member State has declined to approve as such an establishment) if an additive, of any kind referred to in Chapter I.1(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in a Member State if—

(i)

an additive, of any kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, an application (which is pending) in respect of the establishment, has been made to a competent authority in the Member State, in accordance with any requirements in the Member State for the making of such applications, to approve the establishment, pursuant to Directive 95/69, as an establishment on which an additive of any such kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 2.2(a)(P) establishment” means—

(a)

before 1st September 1998, an establishment located in a Member State (other than an EC approved Article 2.2(a)(P) establishment or an establishment which a competent authority in the Member State has declined to approve as such an establishment) if a Directive 82/471 product, of any kind referred to in Chapter I.1(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in a Member State if—

(i)

a Directive 82/471 product, of any kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, an application (which is pending) in respect of the establishment, has been made to a competent authority in the Member State, in accordance with any requirements in the Member State for the making of such applications, to approve the establishment, pursuant to Directive 95/69, as an establishment on which a Directive 82/471 product of any such kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 2.2(b) establishment” means—

(a)

before 1st September 1998, an establishment located in a Member State (other than an EC approved Article 2.2(b) establishment or an establishment which a competent authority in the Member State has declined to approve as such an establishment) if a premixture, which contained additives of any kind referred to in Chapter I.2(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in a Member State if—

(i)

a premixture, of the kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, an application (which is pending) in respect of the establishment, has been made to a competent authority in the Member State, in accordance with any requirements in the Member State for the making of such applications, to approve the establishment, pursuant to Directive 95/69, as an establishment on which a premixture of that kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 7.2(a) establishment” means—

(a)

before 1st September 1998, an establishment located in a Member State (other than an EC registered Article 7.2(a) establishment) if an additive, of any kind the manufacture of which is regulated by Article 7.2(a) of Directive 95/69, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in a Member State if—

(i)

an additive, of any kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration (consideration of which is pending) in respect of the establishment, has been submitted to a competent authority in the Member State, in accordance with any requirements in the Member State for the submission of such declarations, with a view to registration of the establishment, pursuant to Directive 95/69, as an establishment on which an additive of any such kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 7.2(b) establishment” means—

(a)

before 1st September 1998, an establishment located in a Member State (other than an EC registered Article 7.2(b) establishment) if a premixture, which contained additives of any kind referred to in Chapter II(a) of the Annex, but did not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in a Member State if—

(i)

a premixture, of the kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration (consideration of which is pending) in respect of the establishment, has been submitted to a competent authority in the Member State, in accordance with any requirements in the Member State for the submission of such declarations, with a view to registration of the establishment, pursuant to Directive 95/69, as an establishment on which a premixture of that kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 7.2(c)(PA) establishment” means—

(a)

before 1st September 1998, an establishment located in a Member State (other than an EC registered Article 7.2(c)(PA) establishment) if a compound feeding stuff, containing a premixture which contained additives of any kind referred to in Chapter II(b) of the Annex, but did not contain a zootechnical additive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in a Member State if—

(i)

a compound feeding stuff, of the kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration (consideration of which is pending) in respect of the establishment, has been submitted to a competent authority in the Member State, in accordance with any requirements in the Member State for the submission of such declarations, with a view to registration of the establishment, pursuant to Directive 95/69, as an establishment on which a compound feeding stuff of that kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 7.2(d)(PA) establishment” means—

(a)

before 1st September 1998, an establishment located in a Member State (other than an EC registered Article 7.2(d)(PA) establishment) if a compound feeding stuff, containing a premixture which contained additives of any kind referred to in Chapter II(b) of the Annex, but did not contain a zootechnical additive, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in a Member State if—

(i)

a compound feeding stuff, of the kind referred to in sub-paragraph (a) above, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration (consideration of which is pending) in respect of the establishment, has been submitted to a competent authority in the Member State, in accordance with any requirements in the Member State for the submission of such declarations, with a view to registration of the establishment, pursuant to Directive 95/69, as an establishment on which a compound feeding stuff of that kind may be produced for the exclusive requirements of the producer’s holding;

“EC registered Article 7.2(a) establishment” means an establishment included in a list of registered establishments, maintained by a competent authority in a Member State, in implementation of Article 10 of Directive 95/69, as an establishment on which an additive, of any kind the manufacture of which is regulated by Article 7.2(a) of Directive 95/69, may be manufactured with a view to putting it into circulation;

“EC registered Article 7.2(b) establishment” means an establishment included in a list of registered establishments, maintained by a competent authority in a Member State, in implementation of Article 10 of Directive 95/69, as an establishment on which a premixture, which contains additives of any kind referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, may be manufactured with a view to putting it into circulation;

“EC registered Article 7.2(c)(PA) establishment” means an establishment included in a list of registered establishments, maintained by a competent authority in a Member State, in implementation of Article 10 of Directive 95/69, as an establishment on which a compound feeding stuff, containing a premixture which contains additives of any kind referred to in Chapter II(b) of the Annex, but does not contain a zootechnical additive, may be manufactured with a view to putting it into circulation;

“EC registered Article 7.2(d)(PA) establishment” means an establishment included in a list of registered establishments, maintained by a competent authority in a Member State, in implementation of Article 10 of Directive 95/69, as an establishment on which a compound feeding stuff, containing a premixture which contains additives of any kind referred to in Chapter II(b) of the Annex, but does not contain a zootechnical additive, may be produced for the exclusive requirements of the producer’s holding;

“UK approved Article 2.2(a)(A) establishment” means an establishment approved, pursuant to regulation 6 or 7, as an establishment on which an additive, of any kind referred to in the fourth to the ninth indents of Chapter I.1(a) of the Annex, may be manufactured with a view to putting it into circulation;

“UK approved Article 2.2(a)(P) establishment” means an establishment approved, pursuant to regulation 6 or 7, as an establishment on which a Directive 82/471 product, of any kind referred to in Chapter I.1(a) of the Annex, may be manufactured with a view to putting it into circulation;

“UK approved Article 2.2(b) establishment” means an establishment approved, pursuant to regulation 6 or 7, as an establishment on which a premixture, which contains additives of any kind referred to in the fourth or fifth indent of Chapter I.2(a) of the Annex, but does not contain a zootechnical additive, may be manufactured with a view to putting it into circulation;

“UK approved Article 2.2(d) establishment” means an establishment approved, pursuant to regulation 6 or 7, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of Directive 95/69, may be manufactured with a view to putting it into circulation;

“UK approved Article 2.2(f) establishment” means an establishment approved, pursuant to regulation 6 or 7, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of Directive 95/69, may be produced for the exclusive requirements of the producer’s holding;

“UK permitted Article 2.2(a)(A) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK approved Article 2.2(a)(A) establishment or an establishment which the competent body has declined to approve as such an establishment) if an additive, of any kind referred to in Chapter I.1(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

an additive, of any kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, an application under regulation 5(1)(a), or a corresponding application under regulation 7(1) (which in either case is pending), made in accordance with regulation 5(2) or, as the case may be, 7(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 2.2(a)(P) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK approved Article 2.2(a)(P) establishment or an establishment which the competent body has declined to approve as such an establishment) if a Directive 82/471 product, of any kind referred to in Chapter I.1(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a Directive 82/471 product, of any kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, an application under regulation 5(1)(b), or a corresponding application under regulation 7(1) (which in either case is pending), made in accordance with regulation 5(2), or, as the case may be, 7(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 2.2(b) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK approved Article 2.2(b) establishment or an establishment which the competent body has declined to approve as such an establishment) if a premixture, which contained additives of any kind referred to in Chapter I.2(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a premixture, of the kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, an application under regulation 5(1)(c), or a corresponding application under regulation 7(1) (which in either case is pending), made in accordance with regulation 5(2), or, as the case may be, 7(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 2.2(d) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK approved Article 2.2(d) establishment or an establishment which the competent body has declined to approve as such an establishment) if a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of Directive 95/69, was being manufactured on the establishment, with a view to putting it into circulation on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a compound feeding stuff, of any kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, an application under regulation 5(1)(d), or a corresponding application under regulation 7(1) (which in either case is pending), made in accordance with regulation 5(2), or, as the case may be, 7(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 2.2(f) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK approved Article 2.2(f) establishment or an establishment which the competent authority has declined to approve as such an establishment) if a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of Directive 95/69, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a compound feeding stuff, of any kind referred to in sub-paragraph (a) above, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(ii)

before 1st September 1998, an application under regulation 5(1)(e), or a corresponding application under regulation 7(1) (which in either case is pending), made in accordance with regulation 5(2) or, as the case may be, 7(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 7.2(a) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK registered Article 7.2(a) establishment) if an additive, of any kind the manufacture of which is regulated by Article 7.2(a) of Directive 95/69, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

an additive, of any kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration under regulation 19(1)(a), or a corresponding declaration under regulation 21(1) (consideration of which in either case is pending), made in accordance with regulation 19(2), or, as the case may be, 21(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 7.2(b) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK registered Article 7.2(b) establishment) if a premixture, which contained additives of any kind referred to in Chapter II(a) of the Annex, but did not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a premixture, of the kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration under regulation 19(1)(b), or a corresponding declaration under regulation 21(1) (consideration of which in either case is pending), made in accordance with regulation 19(2), or, as the case may be, 21(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 7.2(c)(A) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK registered Article 7.2(c)(A) establishment) if a compound feeding stuff, which contained an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but did not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a compound feeding stuff, of the kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration under regulation 19(1)(e), or a corresponding declaration under regulation 21(1) (consideration of which in either case is pending), made in accordance with regulation 19(2), or, as the case may be, 21(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 7.2(c)(PA) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK registered Article 7.2(c)(PA) establishment) if a compound feeding stuff, containing a premixture which contained additives of any kind referred to in Chapter II(b) of the Annex, but did not contain a zootechnical additive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a compound feeding stuff, of the kind referred to in sub-paragraph (a) above, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration under regulation 19(1)(c), or a corresponding declaration under regulation 21(1) (consideration of which in either case is pending), made in accordance with regulation 19(2), or, as the case may be, 21(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 7.2(d)(A) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK registered Article 7.2(d)(A) establishment) if a compound feeding stuff, which contained an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but did not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a compound feeding stuff, of the kind referred to in sub-paragraph (a) above, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration under regulation 19(1)(f), or a corresponding declaration under regulation 21(1) (consideration of which in either case is pending), made in accordance with regulation 19(2), or, as the case may be, 21(2), has been submitted to the competent body in respect of the establishment;

“UK permitted Article 7.2(d)(PA) establishment” means—

(a)

before 1st September 1998, an establishment located in the United Kingdom (other than a UK registered Article 7.2(d)(PA) establishment) if a compound feeding stuff, containing a premixture which contained additives of any kind referred to in Chapter II(b) of the Annex, but did not contain a zootechnical additive, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(b)

on and after 1st September 1998, an establishment located in the United Kingdom if—

(i)

a compound feeding stuff, of the kind referred to in sub-paragraph (a) above, was being produced on the establishment for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(ii)

before 1st September 1998, a declaration under regulation 19(1)(d), or a corresponding declaration under regulation 21(1) (consideration of which in either case is pending), made in accordance with regulation 19(2), or, as the case may be, 21(2), has been submitted to the competent body in respect of the establishment;

“UK registered Article 7.2(a) establishment” means an establishment registered, pursuant to regulation 20 or 21, as an establishment on which an additive, of any kind the manufacture of which is regulated by Article 7.2(a) of Directive 95/69, may be manufactured with a view to putting it into circulation;

“UK registered Article 7.2(b) establishment” means an establishment registered, pursuant to regulation 20 or 21, as an establishment on which a premixture, which contains additives of any kind referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, may be manufactured with a view to putting it into circulation;

“UK registered Article 7.2(c)(A) establishment” means an establishment registered, pursuant to regulation 20 or 21, as an establishment on which a compound feeding stuff, which contains an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, may be manufactured with a view to putting it into circulation;

“UK registered Article 7.2(c)(PA) establishment” means an establishment registered, pursuant to regulation 20 or 21, as an establishment on which a compound feeding stuff, containing a premixture which contains additives of any kind referred to in Chapter II(b) of the Annex, but does not contain a zootechnical additive, may be manufactured with a view to putting it into circulation;

“UK registered Article 7.2(d)(A) establishment” means an establishment registered, pursuant to regulation 20 or 21, as an establishment on which a compound feeding stuff, which contains an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, may be produced for the exclusive requirements of the producer’s holding;

“UK registered Article 7.2(d)(PA) establishment” means an establishment registered, pursuant to regulation 20 or 21, as an establishment on which a compound feeding stuff, containing a premixture which contains additives of any kind referred to in Chapter II(b) of the Annex, but does not contain a zootechnical additive, may be produced for the exclusive requirements of the producer’s holding.