(This note is not part of the Regulations.)
These Regulations revoke and re-enact with changes the Food (Pistachios from Iran) (Emergency Control) Order (Northern Ireland) 1997 (S.R. 1997 No. 421). The revocation is effected by regulation 7. That Order implemented Commission Decision 97/613/EC on the temporary suspension of imports of pistachios and certain products derived from pistachios originating in or consigned from Iran (O.J. No. L248, 11.9.97, p. 33).
These Regulations implement Commission Decision 1997/830/EC as amended by Commission Decision 1998/400/EC (O.J. No. L176, 20.6.98, p. 37), Commission Decision 2000/238/EC (O.J. No. L75, 24.3.2000, p. 59) and Commission Decision 2003/551/EC (O.J. No. L187, 26.7.2003, p. 43). The categories of products which are subject to those conditions are specified in Article 2(1) of Commission Decision 1997/830/EC as so amended.
These Regulations –
(a) prohibit the importation of “Iranian pistachios” (defined in regulation 2(1)), except where –
(i) they are accompanied by an Iranian Government health certificate and the results of official sampling and analysis, the importation takes place only though a specified point of entry and each consignment is identified with a code corresponding with that specified on the health certificate and the accompanying report containing the sampling and analysis results;
(ii) they are subject to specified documentary checks; and
(iii) each consignment is subjected to analysis of aflatoxin B1 and total aflatoxin levels before release onto the market (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 Iranian pistachios (regulation 6).
The principal changes effected by these Regulations are that –
(a) the previous requirement that each consignment of Iranian pistachios be subjected to systematic sampling and analysis in order to ensure compliance with Commission Decision 1997/830/EC is modified by providing that –
(i) a sample of each consignment must be analysed for aflatoxin and total aflatoxin before release onto the market from the point of entry into the Community,
(ii) the period of detention should not exceed 15 working days, and
(iii) an authorised officer must issue a notice in writing stating that sampling has taken place and the results of the analysis of the sample; and
(b) 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 Iranian pistachios.
(The CN codes referred to in the definition of “Iranian pistachios” are the code numbers of the combined nomenclature established by Council Regulation 2658/87 on the tariff and statistical nomenclature and on the Customs tariff (O.J. No. L256, 7.9.87, p. 1)).