The Feeding Stuffs (Establishments and Intermediaries) Regulations 1998

Definition of “intermediary” and related definitions

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

“EC approved Article 3.1(A) intermediary” means an intermediary listed on a register of approved intermediaries, maintained by a competent authority in a Member State, in implementation of Article 5 of Directive 95/69, as an intermediary who may wrap, package, store and put into circulation an additive of any kind referred to in Chapter I.1(a) of the Annex;

“EC approved Article 3.1(P) intermediary” means an intermediary listed on a register of approved intermediaries, maintained by a competent authority in a Member State, in implementation of Article 5 of Directive 95/69, as an intermediary who may wrap, package, store and put into circulation a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex;

“EC approved Article 3.1(PA) intermediary” means an intermediary listed on a register of approved intermediaries, maintained by a competent authority in a Member State, in implementation of Article 5 of Directive 95/69, as an intermediary who may wrap, package, store and put into circulation a premixture which contains additives of any kind referred to in Chapter I.2(a) of the Annex;

“EC permitted Article 3.1(A) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in a Member State (other than an EC approved Article 3.1(A) intermediary or an intermediary whom a competent authority in a Member State has declined to approve as such an intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation an additive of any kind referred to in Chapter I.1(a) of the Annex, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in a Member State, who—

(i)

on 1st April 1998 was wrapping, packaging, storing or putting into circulation an additive of any kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998 has submitted to a competent authority in the Member State an application (which is pending), made in accordance with any requirements in the Member State for the making of such applications, to be approved pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation an additive of any such kind;

“EC permitted Article 3.1(P) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in a Member State (other than an EC approved Article 3.1(P) intermediary or an intermediary whom a competent authority in the Member State has declined to approve as such an intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in a Member State, who—

(i)

on 1st April 1998 was wrapping, packaging, storing or putting into circulation a Directive 82/471 product of any kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998 has submitted to a competent body in the Member State an application (which is pending), made in accordance with any requirements in the Member State for the making of such applications, to be approved pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation a product of any such kind;

“EC permitted Article 3.1(PA) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in a Member State (other than an EC approved Article 3.1(PA) intermediary or an intermediary whom a competent authority in a Member State has declined to approve as such an intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation a premixture which contained additives of any kind referred to in Chapter I.2(a) of the Annex, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in a Member State, who—

(i)

on 1st April 1998 was wrapping, packaging, storing or putting into circulation a premixture of the kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998 has submitted to a competent authority in the Member State an application (which is pending), made in accordance with any requirements in the Member State for the making of such applications, to be approved pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation a premixture of that kind;

“EC permitted Article 8.1(A) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in a Member State (other than an EC registered Article 8.1(A) intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation an additive of any kind the wrapping, packaging, storing and putting into circulation of which is regulated by Article 8.1 of Directive 95/69, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in a Member State, who—

(i)

on 1st April 1998 was wrapping, packaging, storing or putting into circulation an additive of any kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998 has submitted to a competent authority in the Member State a declaration (consideration of which is pending), made in accordance with any requirements in the Member State for the submission of such declarations, with a view to his being registered pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation an additive of any such kind;

“ermitted Article 8.1(PA) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in a Member State (other than an EC registered Article 8.1(PA) intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation 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, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in a Member State, who—

(i)

on 1st April 1998 was wrapping, packaging, storing or putting into circulation a premixture of the kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998 has submitted to a competent authority in the Member State a declaration (consideration of which is pending), made in accordance with any requirements in the Member State for the submission of such declarations, with a view to his being registered pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation a premixture of that kind;

“EC registered Article 8.1(A) intermediary” means an intermediary included in a list of registered intermediaries, maintained by a competent authority in a Member State, in implementation of Article 10 of Directive 95/69, as an intermediary who may wrap, package, store and put into circulation an additive of any kind the wrapping, packaging, storing and putting into circulation of which is regulated by Article 8.1 of Directive 95/69;

“EC registered Article 8.1(PA) intermediary” means an intermediary included in a list of registered intermediaries, maintained by a competent authority in a Member State, in implementation of Article 10 of Directive 95/69, as an intermediary who may wrap, package, store and put into circulation 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;

“UK approved Article 3.1(A) intermediary” means an intermediary approved, pursuant to regulation 13 or 14, as an intermediary who may wrap, package, store and put into circulation an additive of any kind referred to in the fourth to the ninth indents of Chapter I.1(a) of the Annex;

“UK approved Article 3.1(P) intermediary” means an intermediary approved, pursuant to regulation 13 or 14, as an intermediary who may wrap, package, store and put into circulation a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex;

“UK approved Article 3.1(PA) intermediary” means an intermediary approved, pursuant to regulation 13 or 14, as an intermediary who may wrap, package, store and put into circulation 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;

“UK permitted Article 3.1(A) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in the United Kingdom (other than a UK approved Article 3.1(A) intermediary or an intermediary whom the competent body has declined to approve as such an intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation an additive of any kind referred to in Chapter I.1(a) of the Annex, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in the United Kingdom, who—

(i)

on 1st April 1998, was wrapping, packaging, storing or putting into circulation an additive of any kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998, has submitted to the competent body an application under regulation 12(1)(a), or a corresponding application under regulation 14(1) (which in either case is pending), made in accordance with regulation 12(2), or, as the case may be, 14(2);

“UK permitted Article 3.1(P) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in the United Kingdom (other than a UK approved Article 3.1(P) intermediary or an intermediary whom the competent body has declined to approve as such an intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in the United Kingdom, who—

(i)

on 1st April 1998, was wrapping, packaging, storing or putting into circulation a Directive 82/471 product of any kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998, has submitted to the competent body an application under regulation 12(1)(b), or a corresponding application under regulation 14(1) (which in either case is pending), made in accordance with regulation 12(2), or, as the case may be, 14(2);

“UK permitted Article 3.1(PA) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in the United Kingdom (other than a UK approved Article 3.1(PA) intermediary or an intermediary whom the competent body has declined to approve as such an intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation a premixture which contained additives of any kind referred to in Chapter I.2(a) of the Annex, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in the United Kingdom, who—

(i)

on 1st April 1998, was wrapping, packaging, storing or putting into circulation a premixture of the kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998, has submitted to the competent body an application under regulation 12(1)(c), or a corresponding application under regulation 14(1) (which in either case is pending), made in accordance with regulation 12(2), or, as the case may be, 14(2);

“UK permitted Article 8.1(A) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in the United Kingdom (other than a UK registered Article 8.1(A) intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation an additive of any kind the wrapping, packaging, storing and putting into circulation of which is regulated by Article 8.1 of Directive 95/69, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in the United Kingdom, who—

(i)

on 1st April 1998, was wrapping, packaging, storing or putting into circulation an additive of any kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998, has submitted to the competent body a declaration under regulation 26(1)(a), or a corresponding declaration under regulation 28(1) (consideration of which in either case is pending), made in accordance with regulation 26(2), or, as the case may be, 28(2);

“UK permitted Article 8.1(PA) intermediary” means—

(a)

before 1st September 1998, an intermediary whose facilities are located in the United Kingdom (other than a UK registered Article 8.1(PA) intermediary) and who, on 1st April 1998, was wrapping, packaging, storing or putting into circulation 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, and

(b)

on and after 1st September 1998, an intermediary whose facilities are located in the United Kingdom, who—

(i)

on 1st April 1998, was wrapping, packaging, storing or putting into circulation a premixture of the kind referred to in sub-paragraph (a) above, and

(ii)

before 1st September 1998, has submitted to the competent body a declaration under regulation 26(1)(b), or a corresponding declaration under regulation 28(1) (consideration of which in either case is pending), made in accordance with regulation 26(2), or, as the case may be, 28(2);

“UK registered Article 8.1(A) intermediary” means an intermediary registered, pursuant to regulation 27 or 28, as an intermediary who may wrap, package, store and put into circulation an additive of any kind the wrapping, packaging, storing and putting into circulation of which is regulated by Article 8.1 of Directive 95/69;

“UK registered Article 8.1(PA) intermediary” means an intermediary registered, pursuant to regulation 27 or 28, as an intermediary who may wrap, package, store and put into circulation 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.