The Food (Pistachios from Iran) (Emergency Control) (Wales) (No.2) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales only, revoke and re-enact with changes the Food (Pistachios from Iran) (Emergency Control) Order 1997 (S.I. 1997/2238 (the 1997 Order), as amended by S.I.1997/3046), which applies to the whole of Great Britain and the Food (Pistachios from Iran) (Emergency Control) Regulations 2003 (S.I. 2003/1119 (W.150)) (the 2003 Order) which applies to Wales only. 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products derived from pistachios originating in or consigned from Iran (OJ No. L248, 11.9.97, p.33), subsequently repealed and replaced with Commission Decision 1997/830/EC (OJ No. L343, 13.12.97, p. 30).

The 2003 Order revoked and re-enacted with changes the 1997 Order, as amended. The 2003 Order implemented Commission Decision 1997/830/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 (OJ No. L343, 13.12.97, p.30), as amended by Commission Decision 1998/400/EC (OJ No. L176, 20.6.98, p.37), Commission Decision 2000/238/EC (OJ No. L75, 24.3.2000, p.59) and Commission Decision 2002/1041/EC. The categories of products which are subject to those conditions are specified in Article 2 of Commission Decision 1997/830/EC as so amended.

The 2003 Order is being revoked and re-enacted with changes as it was made in error before Commission Decision 2002/1041/EC was adopted.

These Regulations implement Commission Decision 1997/830/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 (OJ No. L343, 13.12.1997, p.30) as amended by Commission Decision 1998/400/EC (OJ No. L176, 20.6.98, p.37), 2000/238/EC (OJ No. L75, 24.3.2000, p.59) and 2003/551/EC (OJ 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 through 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 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 of the relevant enforcement authority 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 of the relevant enforcement authority is empowered (subject to a right of appeal to a magistrates' court) 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 (OJ No. L256, 7.9.87, p.1).

No regulatory appraisal has been prepared in relation to these Regulations.