(This note is not part of the Regulations)
These Regulations, which extend to Scotland only, revoke and re–enact with changes the Food (Pistachios from Iran) (Emergency Control) Order 1997 (S.I. 1997/2238, as amended by S.I. 1997/3046), which extends to the whole of Great Britain. The revocation is effected by regulation 7.
The 1997 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. L 248, 11.9.97, p.33), and in its amended form implemented 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 (O.J. No. L 343, 13.12.97, p. 30).
These Regulations implement Commission Decision 97/830/EC as amended by Commission Decision 98/400/EC (O.J. No. L 176, 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. L 187, 26.7.2003, p.43). The categories of products which are subject to the special conditions referred to above are specified in Article 2 of Commission Decision 97/830/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 Act 1990 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 97/830/EC is modified by providing that–
(i)the period of detention to allow sampling and analysis should not exceed 15 working days;
(ii)an authorised officer of the relevant enforcement authority must issue a notice stating that sampling has taken place and the results of the analysis of the sample; and
(iii)copies of the health certificate and the results of sampling and analysis must accompany each part of a split consignment.
(b)an authorised officer of the relevant enforcement authority is empowered (subject to a right of appeal to the sheriff) 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 common customs tariff (O.J. No. L 256, 7.9.87, p.1).
No regulatory impact assessment has been prepared in relation to these Regulations.