Commission Decision of 20 December 2002 concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2002) 5377) (Text with EEA relevance) (2002/994/EC)

Article 1 U.K.

[F1 1.] This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.

[F2 2. In this Decision:

“competent authority” has the meaning given in Article 3(3) of Regulation (EU) 2017/625;

“the Food Supplements Regulations” means—

(i) as regards England, the Food Supplements (England) Regulations 2003;

(ii) as regards Wales, the Food Supplements (Wales) Regulations 2003;

(iii) as regards Scotland, the Food Supplements (Scotland) Regulations 2003.]

Textual Amendments

F1 Art. 1 renumbered as Art. 1(1) (E.W.S.) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(2)(a)

F2 Art. 1(2) inserted (E.W.S.) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(2)(b)

[F3 Article 2 U.K.

1. [F4 Competent authorities] shall prohibit the imports of products referred to in Article 1.

2. By derogation from paragraph 1, [F5 competent authorities] shall authorise the imports of products listed in the Annex to this Decision in accordance with the specific animal and public health conditions applicable to the products concerned, and with Article 3 in the case of products listed in Part II of the Annex.]

Textual Amendments

F3 Substituted by Commission Decision of 22 July 2005 amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2005) 2764) (Text with EEA relevance) (2005/573/EC).

F4 Words in Art. 2(1) substituted (E.W.S.) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(3)(a)

F5 Words in Art. 2(2) substituted (E.W.S.) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(3)(b)

[F6 Article 3 U.K.

[F7 Competent authorities] shall authorise imports of consignments of products listed in Part II of the Annex accompanied by a declaration of the Chinese competent authority stating that each consignment has been subjected before dispatch to a chemical test in order to ensure that the products concerned do not present a danger to animal or human health. That chemical test must be carried out in particular, to detect the presence of chloramphenicol and nitrofuran and its metabolites in all products listed in Part II of the Annex. In addition, aquaculture fishery products referred to in Part II of the Annex shall be tested for the presence of malachite green and crystal violet and their metabolites. The results of those chemical tests shall be included in that declaration.]

Textual Amendments

F6 Substituted by Commission Decision of 17 June 2008 amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2008) 2483) (Text with EEA relevance) (2008/463/EC).

F7 Words in Art. 3 substituted (E.W.S.) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(4)

F8 Article 4 U.K.

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Textual Amendments

F8 Deleted by Commission Decision of 26 August 2004 amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2004) 3256) (Text with EEA relevance) (2004/621/EC).

F9 Article 5 U.K.

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Textual Amendments

F9 Art. 5 omitted (E.W.S.) (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(5)

[F10 Article 6 U.K.

This Decision shall be reviewed on the basis of the information and guarantees provided by the Chinese competent authority and, if necessary, the results of an on-the-spot inspection visit by [F11 experts appointed by the competent authority].]

Textual Amendments

F10 Substituted by Commission Decision of 26 August 2004 amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2004) 3256) (Text with EEA relevance) (2004/621/EC).

F11 Words in Art. 6 substituted (E.W.S.) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(6)

Article 7 U.K.

Decision 2001/699/EC and Decision 2002/69/EC are repealed.

Article 8 U.K.

This Decision shall apply from 24 December 2002.

F12 Article 9 U.K.

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Textual Amendments

F12 Art. 9 omitted (E.W.S.) (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 6(7)