The Organic Products (Imports from Third Countries) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to the United Kingdom, provide for the implementation of Commission Regulation (EC) No 1788/2001 (“the Commission Regulation”) in relation to imports of consignments of organic products from third countries under Article 11 of Council Regulation (EEC) No 2092/91 (“the Council Regulation”).

The Regulations—

• specify that they are to be enforced by the relevant local authority (a Port Health Authority, port or joint port local authority or district or other council) at the place of import (regulation 3);

• require a person seeking the release of the consignment into free circulation in the Community to give advance notice of its arrival (regulation 4);

• enable an authorised officer to prohibit the movement of a consignment (defined as a “controlled consignment”) if he has reason to believe that there has been a failure to comply with the Council Regulation or the Commission Regulation (regulation 5);

• enable the authorised officer to consent to the movement of a controlled consignment provided certain conditions are satisfied (regulation 6);

• requires the importer to give an authorised officer such assistance as he may reasonably require (regulation 7);

• require the local authority to charge for verifying the consignment, or for prohibiting the movement of the consignment (regulation 8);

• specify offences for contravention of the Council Regulation and Commission Regulation, of regulations 4 and 7 and for the unauthorised movement of a controlled consignment (regulations 9 and 10);

• provide protection for authorised officers acting in good faith (regulation 11).

A regulatory impact assessment has been produced and a copy placed in the Library of both Houses of Parliament. Copies may be obtained from the Organic Farming Branch, Department for Environment, Food and Rural Affairs, Area 5F, Ergon House, Horseferry Road, London SW1P 2AL (telephone number: 020 7238 5777) or from the Department’s website, and from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.