The Food (Emergency Control) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 2004

Welsh Statutory Instruments

2004 No. 1804 (W.192)

FOOD, WALES

The Food (Emergency Control) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 2004

Made

13 July 2004

Coming into force

31 July 2004

The National Assembly for Wales being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section, makes the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Food (Emergency Control) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 2004 and shall come into force on 31 July 2004.

Amendment to the Food (Peanuts from China) (Emergency Control) (Wales) (No. 2) Regulations 2002

2.  In paragraph (1) of regulation 2 (interpretation) of the Food (Peanuts from China) (Emergency Control) (Wales) (No. 2) Regulations 2002(3) for the definition of “the Commission Decision” there is substituted the following definition —

““the Commission Decision” means Commission Decision 2002/79/EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China(4) as amended by Commission Decision 2002/233/EC(5), Commission Decision 2002/678/EC(6), Commission Decision 2003/550/EC(7) and Commission Decision 2004/429/EC amending Decisions 97/830/EC, 2000/49/EC, 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community(8);”.

Amendment to the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (No. 2) Regulations 2002

3.  In paragraph (1) of regulation 2 (interpretation) of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (No. 2) Regulations 2002(9) for the definition of “the Commission Decision” there is substituted the following definition —

““the Commission Decision” means Commission Decision 2002/80/EC imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey(10) as amended by Commission Decision 2002/233/EC, Commission Decision 2002/679/EC(11), Commission Decision 2003/552/EC(12) and Commission Decision 2004/429/EC amending Decisions 97/830/EC, 2000/49/EC, 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community(13);”.

Amendment to the Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003

4.  In paragraph (1) of regulation 2 (interpretation) of the Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003(14) for the definition of “the Commission Decision” there is substituted the following definition —

““the Commission Decision” (“Penderfyniad y Comisiwn”) means Commission Decision 2003/493/EC imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil(15) as amended by Commission Decision 2004/428/EC amending Decision 2003/493/EC as regards the points of entry through which Brazil nuts in shell originating in or consigned from Brazil may only be imported into the Community(16);”.

Amendment to the Food (Pistachios from Iran) (Emergency Control) (Wales) (No. 2) Regulations 2003

5.  In paragraph (1) of regulation 2 (interpretation) of the Food (Pistachios from Iran) (Emergency Control) (Wales) (No. 2) Regulations 2003(17) for the definition of “the Commission Decision” there is substituted the following definition —

““the Commission Decision” (“Penderfyniad y Comisiwn”) means Commission Decision 97/830/EC repealing Commission Decision 97/613/EC and imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran(18) as amended by Commission Decision 1998/400/EC(19), Commission Decision 2000/238/EC(20), Commission Decision 2003/551/EC(21) and Commission Decision 2004/429/EC amending Decisions 97/830/EC, 2000/49/EC, 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community(22);”.

Amendment to the Food (Peanuts from Egypt) (Emergency Control) (Wales) Regulations 2003

6.  In paragraph (1) of regulation 2 (interpretation) of the Food (Peanuts from Egypt) (Emergency Control) (Wales) Regulations 2003(23) for the definition of “the Commission Decision” there is substituted the following definition —

““the Commission Decision” (“Penderfyniad y Comisiwn”) means Commission Decision 2000/49/EC repealing Decision 1999/356/EC and imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt(24) as amended by Commission Decision 2003/580/EC(25) and Commission Decision 2004/429/EC amending Decisions 97/830/EC, 2000/49/EC, 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community(26);”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(27).

D. Elis-Thomas

The Presiding Officer of the National Assembly

13 July 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend —

• the Food (Peanuts from China) (Emergency Control) (Wales) (No 2) Regulations 2002 (S.I. 2002/2295 as already amended), the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (No. 2) Regulations 2002 (S.I. 2002/2296 as already amended), the Food (Pistachios from Iran) (Emergency Control) (Wales) (No. 2) Regulations 2003 (S.I. 2003/2288) and the Food (Peanuts from Egypt) (Emergency Control) (Wales) Regulations 2003 (S.I. 2003/2910) to implement in relation to Wales Commission Decision 2004/429/EC amending Decisions 97/830/EC, 2000/49/EC, 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the Community (regulations 2, 3, 5 and 6); and

• the Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003 (S.I. 2003/2254 as already amended) to implement in relation to Wales Commission Decision 2004/428/EC amending Decision 2003/493/EC as regards the points of entry through which Brazil nuts in shell originating in or consigned from Brazil may only be imported into the Community (regulation 4).

Each of the instruments that is amended by these Regulations implements in relation to Wales a Commission Decision imposing special conditions on the import of a certain type of food.

Each of those instruments provides that the food concerned has to be imported through certain points of entry listed in the relevant Decision.

Those points of entry are revised by the Decisions that are implemented by these Regulations.

A regulatory appraisal has been prepared in relation to these Regulations.

(1)

S.I. 1999/2788.

(2)

1972 c. 68.

(3)

S.I. 2002/2295 (W.224) amended by S.I. 2003/2299 (W.229).

(4)

OJ No. L34, 5.2.2002, p.21.

(5)

OJ No. L78, 21.3.2002, p.14.

(6)

OJ No. L229, 27.8.2002, p.33.

(7)

OJ No. L187, 26.7.2003, p.39.

(8)

OJ No. L154, 30.4.2004, p.20.

(9)

S.I. 2002/2296 (W.225), amended by S.I. 2003/2292 (W.228).

(10)

OJ No. L34, 5.2.2002, p.26.

(11)

OJ No. L229, 27.8.2002, p.37.

(12)

OJ No. L187, 26.7.2003, p.47.

(13)

OJ No. L154, 30.4.2004, p.20.

(14)

S.I. 2003/2254 (W.224).

(15)

OJ No. L168, 5.7.2003, p.33.

(16)

OJ No. L154, 30.4.2004, p.14.

(17)

S.I. 2003/2288 (W.227).

(18)

OJ No. L343, 13.12.1997, p.30.

(19)

OJ No. L176, 20.6.1998, p.37.

(20)

OJ No. L75, 24.3.2000, p.59.

(21)

OJ No. L187, 26.7.2003, p.43.

(22)

OJ No. L154, 30.4.2004, p.20.

(23)

S.I. 2003/2910 (W.276).

(24)

OJ No. L19, 25.1.2000, p.46.

(25)

OJ No. L197, 5.8.2003, p.31.

(26)

OJ No. L154, 30.4.2004, p.20.

(27)

1998 c. 38.