(This note is not part of the Regulations.)
These Regulations revoke and re-enact with changes the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) Regulations (Northern Ireland) 2002.
The Regulations implement 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 (O.J. No. L34, 5.2.2002, p. 26) as amended by Commission Decision 2002/233/EC (O.J. No. L78, 21.3.2002, p. 14) and Commission Decision 2002/679/EC (O.J. No. L229, 27.8.2002, p. 37). The categories of products which are subject to those conditions are specified in Article 1.1 of Commission Decision 2002/80/EC as so amended.
The Regulations –
(a)prohibit the importation of any “controlled Turkish products” (defined in regulation 2(1)), except where –
(i)they are accompanied by a Turkish Government health certificate and the results of official sampling and analysis, the importation takes place only through a specified point of entry and the consignment is identified with a code corresponding with that specified on the health certificate and on the accompanying report containing the sampling and analysis results, or
(ii)(even though they are not accompanied by a Turkish Government health certificate or the results of official sampling and analysis) they left Turkey before 11th March 2002, the operator shows, by means of sampling and analysis in the prescribed manner, that the levels of aflatoxin B1 and total aflatoxin in the products do not exceed the maximum permitted levels and the importation takes place only through a specified point of entry (regulation 3);
(b)provide for their enforcement (regulation 4);
(c)apply with modifications certain provisions of the Food Safety (Northern Ireland) Order 1991 for the purposes of the Regulations and provide for sampling and analysis (regulation 5); and
(d)provide for the re-dispatch or destruction of illegal imports of controlled Turkish products (regulation 6).
The principal changes effected by these Regulations are that –
(a)the list of controlled Turkish products is amended;
(b)the previous requirement that consignments of controlled Turkish products be subjected to random sampling and analysis in order to ensure compliance with Commission Decision 2002/80/EC is modified by providing that –
(i)only approximately 10% of such consignments should be so subjected,
(ii)consignments so subjected must be detained for that purpose,
(iii)the period of detention must not exceed 10 working days, and
(iv)an authorised officer must issue a notice in writing stating that sampling has taken place and the results of the analysis of the sample;
(c)the sampling procedure for hazelnuts is modified; and
(d)an authorised officer is empowered (subject to a right of appeal to a court of summary jurisdiction) to issue a notice ordering the re-dispatch of illegal imports of controlled Turkish products.