The Food (Pistachios from Iran) (Emergency Control) (Scotland) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Food (Pistachios from Iran) (Emergency Control) (Scotland) Regulations 2003 (S.S.I. 2003/414, as amended by S.S.I. 2004/210) (“the principal Regulations”). The principal Regulations 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) as last amended by Commission Decision 2004/429/EC (O.J. No. L 154, 30.4.04, p.20). The amendments made by these Regulations implement Commission Decision 2005/85/EC imposing special conditions on the import of pistachios and certain products derived from pistachios originating in, or consigned from Iran (O.J. No. L 30, 3.2.05, p.12), “the new Decision”. The new Decision repealed Commission Decision 97/830/EC.

The main differences between the new Decision and Commission Decision 97/830/EC are that–

(a) Article 1.1 of the new Decision provides that the health certificate required to accompany a consignment of “Iranian pistachios” (defined in regulation 2(1) of the principal Regulations) shall be valid for import carried out no more than 4 months after the issue date of the health certificate; and

(b) Article 3 of the new Decision provides that certain costs relating to the import controls on Iranian pistachios imposed by the Decision and the costs relating to official measures taken against non compliant consignments of Iranian pistachios shall be borne by the person responsible for the consignment.

The change described in paragraph (a) above is effected by substituting a definition of the new Decision for the definition of Commission Decision 97/830/EC in regulation 2(1) of the principal Regulations and making consequential changes to regulations 3(1) and 4(3) of the principal Regulations (regulation 2(2)(a), (3) and (4)).

The change described in paragraph (b) above is effected by inserting a new regulation providing for recovery of costs by food authorities in the principal Regulations (regulation 2(6)).

Regulation 6 of the principal Regulations is amended to provide that pistachios not re-dispatched in accordance with the terms of a notice served under regulation 6(1)(a) can be the subject of a second notice requiring their destruction (regulation 2(5)).

These Regulations insert an updated definition of “Directive 98/53/EC”. They also revoke redundant measures relating to Commission Decision 97/830/EC (regulation 3).

No regulatory impact assessment has been prepared in relation to these Regulations.