The Feedingstuffs (Zootechnical Products) Regulations 1999

Definition of “establishment” and other related definitions

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

• “the applicable day” means, in relation to any Member State, the date treated by that Member State as the first date after the closure of the period allowed by it for submission of declarations to it pursuant to Article 6.3 of Directive 98/51/EC;

• “Article 12 establishment” means an establishment to which Article 12 of Directive 95/69/EC applies;

• “EC approved Chapter I.1 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/EC as being an establishment on which a zootechnical additive may be manufactured with a view to putting it into circulation;

• “EC approved Chapter I.2 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/EC as being an establishment on which a zootechnical premixture may be manufactured with a view to putting it into circulation;

• “EC approved Chapter I.3(M) 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/EC as being an establishment on which a zootechnical compound feedingstuff may be manufactured with a view to putting it into circulation;

• “EC approved Chapter I.3(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/EC as being an establishment on which a zootechnical compound feedingstuff may be produced for the exclusive requirements of the producer’s holding;

• “EC approved third country Chapter I.1 establishment” means a third country 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/EC (as read with Directive 98/51/EC), as being an establishment as to which a zootechnical additive, manufactured thereon, may be imported into that Member State, and which has a representative established within that Member State;

• “EC approved third country Chapter I.2 establishment” means a third country 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/EC (as read with Directive 98/51/EC), as being an establishment as to which a zootechnical premixture, manufactured thereon, may be imported into that Member State, and which has a representative established within that Member State;

• “EC approved third country Chapter I.3(M) establishment” means a third country 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/EC (as read with Directive 98/51/EC), as being an establishment as to which a zootechnical compound feedingstuff, manufactured thereon, may be imported into that Member State, and which has a representative established within that Member State;

• “EC permitted Chapter I.1 establishment” means an establishment located in a Member State if—

  (a)

  a zootechnical additive was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

  (b)

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

• “EC permitted Chapter I.2 establishment” means an establishment located in a Member State if—

  (a)

  a zootechnical premixture was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

  (b)

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

• “EC permitted Chapter I.3(M) establishment” means an establishment located in a Member State if—

  (a)

  a zootechnical compound feedingstuff was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

  (b)

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

• “EC permitted Chapter I.3(P) establishment” means an establishment located in a Member State if—

  (a)

  a zootechnical compound feedingstuff was being produced on the establishment for the exclusive requirements of the producer’s holding on 1st April 1998, and

  (b)

  before 1st September 1998 an application (which is pending) in respect of the establishment was made to the competent authority in that State, in accordance with any requirements in that State for the making of such applications, to approve the establishment, pursuant to Directive 95/69/EC, as an establishment on which such a feedingstuff may be produced for the exclusive requirements of the producer’s holding;

• “EC permitted third country Chapter I.1 establishment” means—

  (a)

  before the applicable day, a third country establishment (other than an EC approved third country Chapter I.1 establishment) if a zootechnical additive was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and the establishment has, at all times since that date, had a representative established within a Member State, and

  (b)

  on and after the applicable day, a third country establishment if—

  (i)

  a zootechnical additive was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and, at all times since that date, the establishment has had a representative as aforesaid, and

  (ii)

  before the applicable day, 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 pursuant to Article 6.3 of Directive 98/51/EC, with a view to registration of the establishment, pursuant to that Directive, as an establishment as to which such an additive, manufactured thereon, may be imported into that Member State;

• “EC permitted third country Chapter I.2 establishment” means—

  (a)

  before the applicable day, a third country establishment (other than an EC approved third country Chapter I.2 establishment) if a zootechnical premixture was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and the establishment has, at all times since that date, had a representative established within a Member State, and

  (b)

  on and after the applicable day, a third country establishment if—

  (i)

  a zootechnical premixture was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and, at all times since that date, the establishment has had a representative as aforesaid, and

  (ii)

  before the applicable day, 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 pursuant to Article 6.3 of Directive 98/51/EC, with a view to registration of the establishment, pursuant to that Directive, as an establishment as to which such a premixture, manufactured thereon, may be imported into that Member State;

• “EC permitted third country Chapter I.3(M) establishment” means—

  (a)

  before the applicable day, a third country establishment (other than an EC approved third country Chapter I.3(M) establishment) if a zootechnical compound feedingstuff was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and the establishment has, at all times since that date, had a representative established within a Member State, and

  (b)

  on and after the applicable day, a third country establishment if—

  (i)

  a zootechnical compound feedingstuff was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and, at all times since that date, the establishment has had a representative as aforesaid, and

  (ii)

  before the applicable day, 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 a submission of such declarations pursuant to Article 6.3 of Directive 98/51/EC, with a view to registration of the establishment, pursuant to that Directive, as an establishment as to which such a feedingstuff, manufactured thereon, may be imported into that Member State;

• “specially approved manufacturing establishment” means an establishment approved pursuant to regulation 10(1)(e) as an establishment on which a zootechnical compound feedingstuff may be manufactured using a minimum proportion of 0.05% by weight of a premixture;

• “third country establishment” means an establishment located in a third country;

• “UK approved Chapter I.1 establishment” means an establishment approved pursuant to regulation 11 or, as the case may be, 12, as an establishment on which a zootechnical additive may be manufactured with a view to putting it into circulation;

• “UK approved Chapter I.2 establishment” means an establishment approved pursuant to regulation 11 or, as the case may be, 12, as an establishment on which a zootechnical premixture may be manufactured with a view to putting it into circulation;

• “UK approved Chapter I.3(M) establishment” means an establishment approved pursuant to regulation 11 or, as the case may be, 12, as an establishment on which a zootechnical compound feedingstuff may be manufactured with a view to putting it into circulation, and includes a specially approved manufacturing establishment;

• “UK approved Chapter I.3(P) establishment” means an establishment approved pursuant to regulation 11 or, as the case may be, 12, as an establishment on which a zootechnical compound feedingstuff may be produced for the exclusive requirements of the producer’s holding;

• “UK approved third country Chapter I.1 establishment” means a third country establishment approved pursuant to regulation 27(1)(a) or, as the case may be, 28(3), as an establishment as to which a zootechnical additive, manufactured thereon, may be imported into the United Kingdom, and which has a representative established within the United Kingdom;

• “UK approved third country Chapter I.2 establishment” means a third country establishment approved pursuant to regulation 27(1)(a) or, as the case may be, 28(3), as an establishment as to which a zootechnical premixture, manufactured thereon, may be imported into the United Kingdom, and which has a representative established within the United Kingdom;

• “UK approved third country Chapter I.3(M) establishment” means a third country establishment approved pursuant to regulation 27(1)(a) or, as the case may be, 28(3), as an establishment as to which a zootechnical compound feedingstuff, manufactured thereon, may be imported into the United Kingdom, and which has a representative established within the United Kingdom;

• “UK permitted Chapter I.1 establishment” means an establishment located in the United Kingdom if—

  (a)

  a zootechnical additive was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

  (b)

  before 1st September 1998 an application (which is pending and complies with regulation 10(2)) was submitted in respect of the establishment under regulation 10(1)(a) (or under regulation 12(1) in relation to zootechnical additive manufacture);

• “UK permitted Chapter I.2 establishment” means an establishment located in the United Kingdom if—

  (a)

  a zootechnical premixture was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

  (b)

  before 1st September 1998 an application (which is pending and complies with regulation 10(2)) was submitted in respect of the establishment under regulation 10(1)(b) (or under regulation 12(1) in relation to zootechnical premixture manufacture);

• “UK permitted Chapter I.3(M) establishment” means an establishment located in the United Kingdom if—

  (a)

  a zootechnical compound feedingstuff was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

  (b)

  before 1st September 1998 an application (which is pending and complies with regulation 10(2)) was submitted in respect of the establishment under regulation 10(1)(c) (or under regulation 12(1) in relation to zootechnical compound feedingstuff manufacture); and

• “UK permitted Chapter I.3(P) establishment” means an establishment located in the United Kingdom if—

  (a)

  a zootechnical compound feedingstuff was being produced on the establishment for the exclusive requirements of the producer’s holding on 1st April 1998, and

  (b)

  before 1st September 1998 an application (which is pending and complies with regulation 10(2)) was submitted in respect of the establishment under regulation 10(1)(d) (or under regulation 12(1) in relation to zootechnical compound feedingstuff production for the exclusive requirements of the producer’s holding).

• “UK permitted third country Chapter I.1 establishment” means—

  (a)

  before 1st October 1999, a third country establishment (other than a UK approved third country Chapter I.1 establishment) if a zootechnical additive was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and the establishment has, at all times since that date, had a representative established within the United Kingdom, and

  (b)

  on and after 1st October 1999, a third country establishment if—

  (i)

  a zootechnical additive was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and, at all times since that date, the establishment has had a representative as aforesaid, and

  (ii)

  before 1st October 1999, a declaration under (or required to be treated as under) regulation 26(1)(a), or a corresponding declaration under (or required to be treated as under) regulation 28(1), (consideration of which in either case is pending), made in compliance with (or required to be treated as made in compliance with) regulation 26(2), or, as the case may be, 28(2), and not containing a negative reply to a question specified in regulation 26(2)(g) or, as the case may be, 28(2)(g), has been submitted in respect of the establishment;

• “UK permitted third country Chapter I.2 establishment” means—

  (a)

  before 1st October 1999, a third country establishment (other than a UK approved third country Chapter I.2 establishment) if a zootechnical premixture was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and the establishment has, at all times since that date, had a representative established within the United Kingdom, and

  (b)

  on and after 1st October 1999, a third country establishment if—

  (i)

  a zootechnical premixture was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and, at all times since that date, the establishment has had a representative as aforesaid, and

  (ii)

  before 1st October 1999, a declaration under (or required to be treated as under) regulation 26(1)(b), or a corresponding declaration under (or required to be treated as under) regulation 28(1), (consideration of which in either case is pending), made in compliance with (or required to be treated as made in compliance with) regulation 26(2), or, as the case may be, 28(2), and not containing a negative reply to a question specified in regulation 26(2)(g) or, as the case may be, 28(2)(g), has been submitted in respect of the establishment;

• “UK permitted third country Chapter I.3(M) establishment” means—

  (a)

  before 1st October 1999, a third country establishment (other than a UK approved third country Chapter I.3(M) establishment) if a zootechnical compound feedingstuff was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and the establishment has, at all times since that date, had a representative established within the United Kingdom, and

  (b)

  on and after 1st October 1999, a third country establishment if—

  (i)

  a zootechnical compound feedingstuff was being manufactured on the establishment, with a view to putting it into circulation, on 31st December 1998, and, at all times since that date, the establishment has had a representative as aforesaid, and

  (ii)

  before 1st October 1999, a declaration under (or required to be treated as under) regulation 26(1)(c), or a corresponding declaration under (or required to be treated as under) regulation 28(1), (consideration of which in either case is pending), made in compliance with (or required to be treated as made in compliance with) regulation 26(2), or, as the case may be, 28(2), and not containing a negative reply to a question specified in regulation 26(2)(g) or, as the case may be, 28(2)(g), has been submitted in respect of the establishment.