The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2003

Welsh Statutory Instruments

2003 No. 976 (W.135)

AGRICULTURE, WALES

The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2003

Made

1st April 2003

Coming into force

11th April 2003

The National Assembly for Wales, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section, makes the following Regulations:

Title, commencement and application

1.  These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2003; they apply in relation to Wales and come into force on 11th April 2003.

Amendments to the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002

2.  The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002(3) are amended in accordance with these Regulations.

Amendments to regulation 2

3.—(1) Regulation 2(1) is amended in accordance with this regulation —

(2) After the definition of “the Customs Code”, the following definition is inserted —

““customs officer” means an officer as defined by section 1(1) of the Customs and Excise Management Act 1979(4) (a person commissioned by the Commissioners);”; and

(3) After the definition of “physical check” the following definition is inserted —

““point of entry” means any place where goods are subject to customs supervision under Articles 37 and 38 of the Customs Code, other than a border inspection post;”.

Amendment to regulation 4

4.  The words “subject to regulation 16,” are inserted at the beginning of regulation 4(c).

Insertion of regulation 12A

5.  After regulation 12, the following regulation is inserted —

Exchange of Information

12A.— (1) For the purposes of the execution or enforcement of these Regulations, the National Assembly for Wales, the Commissioners, any local authority and the Agency may exchange amongst themselves, any information received by them in the execution or enforcement of these Regulations.

(2) The National Assembly, the Commissioners, any local authority and the Agency may share information received by them in the execution or enforcement of these Regulations with the enforcement agencies in England, Northern Ireland and Scotland for the purposes of enforcing the legislation on the introduction of products of animal origin from third countries in England, Northern Ireland and Scotland respectively.

(3) Paragraphs (1) and (2) are without prejudice to any other power of the National Assembly, the Commissioners, any local authority and the Agency to disclose information.”.

Amendment to regulation 13

6.  In regulation 13(1)(b), the words “or in Commission Decision 2001/812/EC” are substituted for “or the Annex to Commission Decision 2001/812/EC”.

Substitution of regulation 16

7.  The following regulation is substituted for regulation 16 —

Prohibition on introduction of products except at border inspection posts

16.— (1) No product shall be introduced into Wales from a third country except at a border inspection post designated and approved for veterinary checks on that product.

(2) No Article 9 product, the border inspection post of introduction of which is outside the United Kingdom, and the border inspection post of destination of which is in Wales, shall be introduced into Wales except at a border inspection post designated and approved for veterinary checks on that product.

(3) This regulation shall be enforced -—

(a) at points of entry by the Commissioners;

(b) at premises referred to in regulation 4(b) by the Agency; and

(c) at any other place by the local authority.

(4) In cases where an officer of a local authority, when exercising any statutory function, discovers at a point of entry a consignment or product which he or she considers may have been introduced in breach of this regulation, he or she must notify a customs officer and detain the consignment or product until a customs officer takes charge of it.

(5) For the purposes of the application of the Customs and Excise Management Act 1979 to products introduced in contravention of this regulation, the time of introduction shall be the time of importation in accordance with with section 5 of that Act.”.

Amendments to regulation 28

8.—(1) For paragraph 1 of regulation 28, the following paragraph is substituted —

“(1) The person responsible for the product or consignment concerned or, where a notice has been served on the person appearing to have charge of the product or consignment, the owner of the product or consignment, or the person on whom a notification of seizure pursuant to the Customs and Excise Management Act 1979 has been served, must pay on demand the costs of storing, transporting, re-dispatching, disposing of and destroying any product or consignment re-dispatched or destroyed pursuant to regulation 21, 24, 25 or 26 or any powers exercised under the Customs and Excise Management Act 1979 in the enforcement of regulation 16.”.

(2) In regulation 28(2), the words “an official veterinary surgeon, an authorised officer, the National Assembly, a local authority, the Agency or the Commissioners” are substituted for “an official veterinary surgeon, an authorised officer, the National Assembly, a local authority or the Agency”.

Amendment to Part I of Schedule 6

9.  In Part I of Schedule 6 the words “16 (Prohibition of introduction of products except at border inspection posts)” are substituted for “16 (Introduction of products at border inspection posts)”.

Signed on behalf of the National Assembly for Wales

D.Elis-Thomas

Presiding Officer

1st April 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002 (S.I. 2002/1387 (W.136), as amended by S.I. 2002/3011 (W.282) and S.I. 2002/3239 (W.307)) ('the principal Regulations') which implement Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ No. L24, 30.1.98, p.9).

Regulation 5 inserts a new regulation 12A into the principal Regulations which provides that the National Assembly for Wales, the Commissioners of Customs and Excise ('the Commissioners'), any local authority and the Food Standards Agency may exchange information amongst themselves and share information with enforcement authorities in England, Northern Ireland and Scotland.

Regulation 6 makes a minor drafting change to regulation 13 of the principal Regulations.

Regulation 7 substitutes a new regulation for regulation 16 of the principal Regulations. The new regulations 16 provides that the prohibition on the introduction into Wales of products of animal origin (except at border inspection posts) is enforced at points of entry by the Commissioners instead of the local authority.

Regulation 8 amends regulation 28 of the principal Regulations to provide that the Commissioners may charge the costs of re-dispatching or destroying a product or consignment to the person on whom a notification of seizure has been served.

A regulatory appraisal has been prepared and is available on the National Assembly for Wales website (www.wales.gov.uk). Copies may be obtained from the Welsh Assembly Government, Animal Health Division, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ.

(1)

S.I. 1999/2788.

(2)

1972 c. 68.

(3)

S.I. 2002/1387 (W.136), as amended by S.I. 2002/3011 (W.282) and 2002/3230 (W.307).

(4)

1979 c. 2.