The Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004
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The Secretary of State, being a Minister 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 her by that section save in relation to fees charged by the Secretary of State, and, in relation to such fees, in exercise of the powers conferred on her by section 56(1) and (2) of the Finance Act 1973[3] and with the consent of the Treasury, makes the following Regulations - Title, commencement and extent 1. These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004; they apply in relation to England only and come into force on 3rd November 2004. Interpretation 2. - (1) In these Regulations -
(b) a border inspection post in the Republic of Iceland or the Kingdom of Norway which is included in the list contained in the Annex to Decision No. 86/02/COL of the EFTA Surveillance Authority;[5]
(b) bivalve molluscs as defined in Article 2(1) of Council Directive 91/492/EEC (laying down the health conditions for the production and the placing on the market of live bivalve molluscs)[11]; (c) echinoderms, tunicates and marine gastropods; and (d) fishery products and aquaculture products as defined in Article 2 of Council Directive 91/493/EEC (laying down the health conditions for the production and the placing on the market of fishery products)[12], but excludes aquatic mammals, reptiles and frogs, and parts
thereof;
(b) specific requirements laid down for the import of that product into a particular member State or a particular area of a member State; and (c) conditions laid down for the import of that product for specific purposes,
(b) he brings it into that territory or area as a carrier; or (c) a carrier brings it into that territory or area on that person's instructions, but a product on board a means of transport operating
internationally which is intended for consumption by the crew or
passengers of that means of transport is not introduced into a
territory or area provided that -
(b) it is transferred directly from one means of transport operating internationally to another at the same port or airport and under supervision, within the meaning of Article 4(13) of the Customs Code, by the Commissioners;
(b) where there is no port health authority, but where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994, that unitary authority; (c) where there is no port health authority and no unitary authority -
(ii) in each London borough, the council of that borough; (d) in the City of London, the Common Council; and
(b) in relation to a Community establishment of origin, an intermediate storage warehouse or a destination establishment, the person who occupies the same for the purposes of his business;
(ii) a person referred to in Article 38(2) of the Customs Code who assumes responsibility for the carriage of the product, consignment or part after it has been brought into the customs territory of the Community; and (iii) a person referred to in Article 44(2)(b) of the Customs Code, in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted; (b) from the time the product, consignment or part first arrives
at a border inspection post in England, or, in the case of an
Article 9 product, or a consignment or part of a consignment of
Article 9 products, from the time it arrives at a border inspection
post of destination in England, until it leaves that first border
inspection post, or that border inspection post of destination, as
the case may be -
(ii) if the product, consignment or part is in temporary storage, as referred to in Article 50 of the Customs Code, the person referred to in Article 51(2) of the Customs Code who holds it in temporary storage; or (iii) if the person referred to in sub-paragraph (b)(i) or (ii), as the case may be, has appointed a representative in his dealings with the customs authorities, within the meaning of Article 5 of the Customs Code, who is given or assumes responsibility for ensuring that the product, consignment or part undergoes veterinary checks, that representative; and (c) after the product, consignment or part leaves that first
border inspection post, or, in the case of an Article 9 product, or
a consignment or part of a consignment of Article 9 products, after
it leaves the border inspection post of
destination -
(ii) if no such customs declaration has yet been made, the person capable of making it;
(b) hay; and (c) straw, but does not include composite food products as specified in
Article 3 of Commission Decision 2002/349/EC;
(2) Products introduced into England from
the Republic of Iceland, other than fishery products, are regarded for
the purposes of these Regulations as introduced from a third
country.
(ii) they do not exceed in quantity that which could reasonably be consumed by an individual; (iii) they do not require refrigeration before opening; (iv) they are packaged proprietary brand products for direct sale to the final consumer; and (v) their packaging is unbroken, unless they are in current use; (b) meat, meat products, milk or milk products from the Faeroe
Islands, Greenland, the Republic of Iceland, Liechtenstein, or
Switzerland if -
(ii) they are intended for the personal consumption of the traveller or the addressee, as the case may be; and (iii) their combined total weight in any traveller's personal luggage or in any consignment sent by post or carrier to a private individual does not exceed 5 kilograms; or (c) products in the personal luggage of a traveller if they are
intended for his personal consumption or which are sent by post or
carrier (otherwise than by way of trade or as a trade sample) and
addressed to a private individual in England, if they are intended
for his personal consumption, and if they -
(ii) do not exceed one kilogram in weight; (iii) come from a third country or part of a third country from which their importation is permitted in accordance with a list drawn up by an instrument in Schedule 1; and (iv) do not come from a third country or part of a third country from which their importation is prohibited by any instrument in Schedule 1. (4) In this regulation "meat", "meat
products", "milk" and "milk products" mean products of those types
listed in sections 01 - 04 under the heading I.2, Title I in the Annex
to Commission Decision 2002/349/EC. Enforcement authorities and exchange of information 4. - (1) These Regulations shall be executed and enforced -
(b) by the Agency at -
(ii) combined premises as defined in the Meat Products (Hygiene) Regulations 1994[19], or the Minced Meat and Meat Preparations (Hygiene) Regulations 1995[20]; and (c) subject to regulation 16, by each local authority within its
area, including at any border inspection post therein, except at a
border inspection post referred to in sub-paragraph (a) and at
premises referred to in sub-paragraph (b). (2) For the purposes of the execution or
enforcement of these Regulations, the Secretary of State, 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.
(b) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (a) as may be necessary for the proper and expeditious performance of the regulatory functions. (2) A local authority shall
appoint -
(b) an official fish inspector to carry out the regulatory functions in relation to fishery products at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a); and (c) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (2)(a), and each official fish inspector appointed pursuant to sub-paragraph (2)(b), as may be necessary for the proper and expeditious performance of the regulatory functions. Exercise of enforcement powers
(b) executing or enforcing any declaration made by the Secretary of State or the Agency pursuant to regulation 59; (c) ascertaining whether these Regulations are being or have been complied with; or (d) verifying the identity, origin or destination of any product. (2) In the case of an official veterinary
surgeon, an official fish inspector or an authorised officer appointed
or authorised by a local authority, the powers conferred by
regulations 8 and 9 shall be exercised -
(b) outside the area of that local authority for the purpose of ascertaining whether these Regulations are being or have been complied with within that area. Powers of entry and inspection
(b) open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it; (c) inspect the contents of any bundle, package, packing case or item of personal luggage opened pursuant to sub-paragraph (b); (d) inspect any product, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with any product; and (e) take samples of any product. (2) Where an official veterinary surgeon,
official fish inspector or authorised officer takes a sample of a
product otherwise than in the course of a physical check carried out
pursuant to regulation 19(1), he may serve a notice in writing on the
person appearing to him to have charge of the consignment which
includes the product, requiring that the consignment or part thereof
be stored until he serves a further notice in writing that the same
may be removed, under the supervision of the official veterinary
surgeon, official fish inspector or authorised officer, as the case
may be, at such place and under such conditions as he may in the
notice direct; and the costs of such storage shall be paid by the
person responsible for the
consignment.
(b) one or more representatives of the European Commission; and (c) one or more representatives of the authorities of a third country, appointed and acting in accordance with the provisions of one of the equivalence decisions listed in Schedule 2. Powers in relation to documents
(b) examine any relevant document relating to a product and, where it is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been used in connection with that relevant document; (c) make and retain such copies as he may think fit of any relevant document relating to a product; and (d) seize and retain any relevant document relating to a product which the official veterinary surgeon, official fish inspector or authorised officer has reason to believe may be required as evidence in proceedings under these Regulations, and, where any such relevant document is kept by means of a computer, require it to be produced in a form in which it may be taken away. Protection of officials acting in good
faith
(b) that a request for entry, or the giving of such a notice, would defeat the object of entry, or that entry is urgently required, or that the land or premises are unoccupied, or the occupier is temporarily absent, and it would defeat the object of entry to await his return, the justice may by warrant signed by him, and valid for one month,
authorise the official veterinary surgeon, official fish inspector or
authorised officer to enter the land or premises, if need be by
reasonable force.
(b) a list of consignments of which samples were taken and the results of any test or analysis of each sample; and (c) a list of consignments required to be redispatched or disposed of pursuant to regulation 21 by the official veterinary surgeon or official fish inspector, together with, in each case, their country of origin, establishment of origin (if known), a description of the product concerned and the reason for refusal. (2) The Secretary of State shall determine
how frequently the returns referred to in paragraph (1) are to be
submitted and what period of time they are to
cover.
(b) there has been at a border inspection post a serious breach of the requirements for the approval of border inspection posts laid down in Annex II to Directive 97/78/EC or in Commission Decision 2001/812/EC (laying down requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries)[21], she shall serve on the operator of the border inspection post
concerned a written notice stating that the approval of the premises
as a border inspection post in accordance with Article 6(2) or 6(4) of
Directive 97/78/EC is suspended. Prohibition of non-conforming products 15. Without prejudice to regulation 22 of the Dairy Products (Hygiene) Regulations 1995[22], no person shall introduce a non-conforming product into England from a third country, or a non-conforming product originating in a third country into England from elsewhere in the relevant territories unless -
(b) its destination establishment is a warehouse in a free zone, a free warehouse or a customs warehouse approved pursuant to Article 12(4)(b) of Directive 97/78/EC, or a ships' store complying with Article 13 of Directive 97/78/EC, located (in each case) outside the United Kingdom. Prohibition of introduction of products except at border
inspection posts
(b) at premises referred to in regulation 4(1)(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 considers may have
been introduced in breach of this regulation, he shall notify a
customs officer and detain the consignment or product until a customs
officer takes charge of it.
(b) introduce into England an Article 9 product whose border inspection post of destination is in England, unless notice of its introduction has been given pursuant to this
regulation to the official veterinary surgeon at a border inspection
post designated and approved for veterinary checks on that product and
a copy of it has been sent to the office of the Commissioners
responsible for the area in which that border inspection post is
situated.
(b) may be supplied in electronic form; (c) shall be in English and also in an official language of the country of destination in the relevant territories referred to in the notice, if other than the United Kingdom; (d) shall arrive at the border inspection post -
(ii) at least one working day, in any other case, before the product is presented to the official veterinary
surgeon at the border inspection post pursuant to regulation 18;
and (4) In paragraph (3) "working hours" means
hours during which, and "working day" means a day on which, the border
inspection post is open for the presentation of products to the
official veterinary surgeon pursuant to regulation
18.
(b) an identity check; and (c) subject to regulations 41, 46 and 50, a physical check, and shall render the official veterinary surgeon or assistant such
assistance as he may reasonably request to enable him to carry out any
of the said checks.
(b) in all other cases until the consignment or part is no longer subject to supervision by the customs authorities, within the meaning of Article 4(13) of the Customs Code. (2) The person who occupies for the
purposes of his business the premises referred to in sub-paragraph
(1)(a) shall take possession of the common veterinary entry document
referred to in paragraph (1) and retain the same at the premises for a
period of one year commencing with the day following its arrival
there.
(b) where, following a veterinary check on a product located away from a border inspection post (other than a transit product which fulfils the requirements of Part 7 or a product whose destination establishment is referred to in regulation 15(b)), an authorised officer decides that the product is a non-conforming product. (2) If sub-paragraph (1)(a) applies, the
official veterinary surgeon shall serve a notice in writing on the
person responsible for the product, and if sub-paragraph (1)(b)
applies, the authorised officer shall serve a notice in writing on the
person appearing to him to have charge of the product, requiring him
either -
(b) to dispose of the product in accordance with Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the border inspection post or, if sub-paragraph (1)(b) applies, nearest to the location of the product. (3) The product must be disposed of in
accordance with sub-paragraph (2)(b) where -
(b) the sixty-day period referred to in sub-paragraph (2)(a) has elapsed; or (c) the person responsible for the product or, if sub-paragraph (1)(b) applies, the owner of the product, agrees immediately to its disposal. (4) The person responsible for, or, if
sub-paragraph (1)(b) applies, the owner of, a product in respect of
which a notice has been served pursuant to paragraph (2) shall ensure
that it is stored until redispatch or disposal under the supervision
of the official veterinary surgeon or the authorised officer at such
place and under such conditions as he may in the notice
direct.
(b) any false or misleading information contained in a notice given pursuant to regulation 17; (c) any false or misleading information given pursuant to regulation 45 or 49; (d) any error, omission or false or misleading information in a required document, and any discrepancy between a required document and -
(ii) the product itself; or (iii) the seals, stamps, marks or labels on the product, on the consignment which includes the product or on the container holding the product or the consignment; (e) any defect in the product rendering it unfit for the purpose
for which, according to the required documents, it is
intended; (6) Any person who is aggrieved by a
decision referred to in sub-paragraph (1)(a) or (1)(b) may appeal
within one month of the decision to a magistrates' court by way of
complaint for an order and the Magistrates' Courts Act 1980[24]
shall apply to the proceedings.
(b) "unauthorised substance" has the same meaning as "unauthorised substance or product" in Council Directive 96/23/EC (on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC)[27]. (2) This regulation applies where a
veterinary check on a consignment from a particular establishment of
origin in a third country reveals the presence of an unauthorised
substance, or reveals that a maximum residue limit has been exceeded,
but no Community measures have yet been adopted in response to
this.
(b) redispatch the consignment, or such part of it as the official veterinary surgeon considers affected by the presence of unauthorised substances or their residues or by excess residues, accompanied by the required documents, to its third country of origin. (7) The cost of redispatching and
transporting the consignment or part to its third country of origin
shall be paid by the consignor whose name appears on the notice of the
consignment's introduction given pursuant to regulation
17.
(b) where a consignment or product originating in a third country has been introduced into England from elsewhere in the relevant territories, but has not been presented at a border inspection post there; (c) where the border inspection post of destination of a consignment of Article 9 products is in England but the consignment is not presented there in accordance with regulation 18(1); and (d) where a consignment introduced into England is presented to the official veterinary surgeon at a border inspection post not designated and approved for veterinary checks on the products comprised therein. (2) In the circumstances described in
sub-paragraphs (1)(a), (b) and (c) an authorised officer shall, by
notice in writing served on the person appearing to him to have charge
of it, and, in the circumstances described in sub-paragraph (1)(d),
the official veterinary surgeon shall, by notice in writing served on
the person responsible for it, take charge of the consignment or
product and either -
(b) dispose of it as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the place at which the authorised officer or official veterinary surgeon takes charge of it. Products dangerous to animal or public
health Disposal of unused catering supplies 29. - (1) Part 3 shall not apply in relation to products that are introduced into England from means of transport operating internationally and that had been intended for consumption by the crew or passengers of that means of transport. (2) Any person who has in his possession or under his control a product referred to in paragraph (1) shall comply with Article 4(2) and (3) of Regulation (EC) No. 1774/2002. (3) Where items that have been in contact with such products, such as packaging material, or disposable cutlery or plates, are unloaded from the means of transport for disposal, they shall be dealt with in the same way as the products themselves. Approval of landfills 30. - (1) Any person disposing of material in accordance with regulation 29 by burial in a landfill shall only do so in a landfill approved under this regulation. (2) The Secretary of State shall only approve a landfill for the purposes of disposal of material under regulation 29 if she is satisfied that -
(b) the operator has taken adequate steps to prevent access to the unrestored and current working area of the landfill by ungulates; and (c) the operator will comply with any conditions of the approval. (3) The approval shall be in writing, may
be made subject to conditions, and may be amended or suspended by
notice in writing in accordance with regulation
32.
(b) explain the right of the applicant to make written representations to the Secretary of State and to appear before and be heard by an independent person appointed by the Secretary of State in accordance with regulation 33. Operators of landfills
(b) ensure that any person employed by him, and any person permitted to enter the premises complies with those requirements and conditions; (c) comply with the record-keeping requirements contained in Article 9 of Regulation (EC) No. 1774/2002; and (d) keep equivalent records for material referred to in regulation 29(3). (2) The records required to be kept under
this regulation may be in written or electronic form and shall be kept
for at least two years.
(b) otherwise shall not have effect for at least twenty-one days following service of the notice. (4) The notice in paragraph (1) or (2)
shall -
(b) explain the right of the operator of the premises to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State in accordance with regulation 33. (5) Where there is an appeal under
regulation 33, an amendment or suspension shall not have effect until
the final determination by the Secretary of State in accordance with
that regulation unless the Secretary of State considers it necessary
for the protection of public or animal health for the amendment or
suspension to take effect sooner.
(b) the Secretary of State upholds the suspension following such an appeal, she may by notice in writing revoke the approval provided that she
is satisfied, taking into account all the circumstances of the case,
that the premises will not be operated in accordance with the
requirements of regulation 30(2)(a) or (b) or the conditions, if any,
of the approval.
(b) give notice in writing that he wishes to appear before and be heard by an independent person appointed by the Secretary of State. (2) Where an appellant gives notice of his
wish to appear before and be heard by an independent person appointed
for the purpose -
(b) the person so appointed shall not, except with the consent of the appellant, be an officer or servant of the Secretary of State; (c) if the appellant so requests, the hearing shall be in public; (d) the independent person shall report to the Secretary of State; and (e) if the appellant so requests, the Secretary of State shall provide him with a copy of the independent person's report. (3) The Secretary of State shall give to
the appellant written notification of her final determination and the
reasons for it. Retention of documents at border inspection posts 34. Where a documentary check has been carried out at a border inspection post on a product intended (whether directly or ultimately) for import, the person who presented the required documents relating to that product pursuant to regulation 18(1) shall surrender the same to the official veterinary surgeon at that border inspection post. Evidence of certification of, and payment for, veterinary checks 35. Where Part 2 of the common veterinary entry document has been issued certifying that a consignment is fit for import, the person responsible for the consignment shall supply the Commissioners with evidence satisfactory to them that -
(b) all charges payable in accordance with Part 10 for veterinary checks carried out on the consignment, including sampling, and for any test or analysis carried out on any samples taken, have been paid, or payment thereof has been assured by a deposit or guarantee satisfactory to the person to whom, pursuant to regulation 52(2), the charges are payable. Products not intended for the United
Kingdom
(b) that notice specifies a member State other than the United Kingdom as the country of destination; and (c) Part 2 of the common veterinary entry document has been issued in respect of that product, authorising its import -
(ii) for specific purposes in accordance with conditions, which requirements or conditions are laid down for products
imported into that member State or particular area, or for products
imported for those specific purposes, in any directive, decision or
regulation listed in Schedule 1, no person shall, without reasonable excuse, prevent or delay the
transport of that product to that member State.
(b) from one sea-going vessel to another, either directly or after being unloaded in an area as aforesaid for less than seven days, any person required by regulation 18 to present the product and its
required documents, or to ensure that they are presented, to the
official veterinary surgeon at the border inspection post of
introduction, shall, if the official veterinary surgeon considers that
the product presents a risk to animal or public health, permit the
official veterinary surgeon, or an assistant appointed pursuant to
regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the
required documents. Border inspection posts of entry and exit 39. In this Part -
Prior authorisation of transit
(b) no person shall break the seals on the vehicle or container in which the transit product is conveyed, or unload the transit product, or split the consignment or part consignment which includes the transit product, or subject the transit product to any form of handling; and (c) the person responsible for the transit product and any carrier who has charge of it for the time being shall ensure that it leaves the customs territory of the Community at the border inspection post of exit not more than 30 days after removal from the border inspection post of entry (excluding the day of removal). (3) No person shall introduce a transit
product into a free zone, a free warehouse or a customs warehouse in
England.
(b) if the circumstances described in paragraph (2) apply, dispose of the product as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the border inspection post to which the product is returned. (2) The transit product shall be disposed
of in accordance with sub-paragraph (1)(b) where -
(b) the sixty day period referred to in sub-paragraph (1)(a) has expired; or (c) the person responsible for the transit product agrees immediately to its disposal. (3) Any person who has possession or
control of the required documents or the common veterinary entry
document relating to a transit product to which paragraph (1) applies
shall submit them for invalidation to the official veterinary surgeon
at the border inspection to which the product is
returned. Application of Part 8 44. This Part applies to products whose destination establishment is -
(b) a ship's store complying with Article 13 of Directive 97/78/EC located outside the United Kingdom. Additional information to be given in
advance
(b) if not, whether it is a transit product; and (c) in any event whether the product complies with the import conditions. (2) The information in paragraph (1) shall
be given in writing and may be included in the notice of the product's
introduction or presentation given pursuant to regulation
17. Meaning of "export certificate" 48. In this Part "export certificate" means a certificate attesting that a returned product complies with animal or public health standards, issued to facilitate its original export from the customs territory of the Community by the authority responsible for monitoring such standards at the returned product's Community establishment of origin. Additional documentation for returned products 49. Any person who presents pursuant to regulation 18 a returned product and its required documents to an official veterinary surgeon shall present with the required documents -
(b) a statement of the reasons why the returned product was refused by the third country; (c) a declaration by the person responsible for the returned product that, since the returned product was originally exported from the customs territory of the Community, the import conditions relating to storage and transport have been complied with in relation to the returned product; and either (d) in the case of a returned product not originally exported in a sealed container, a declaration by the person responsible for the returned product that it has not undergone any handling other than, in the case only of packaged products, loading and unloading of unopened packages; or (e) in the case of a returned product originally exported in a sealed container, a declaration by the carrier who introduces it into England that it has not been unloaded from the container in which it was exported, or otherwise handled. Physical check of returned
products
(b) that the returned product does not comply with the import conditions; or (c) that the identity or destination of the returned product does not correspond with the information given on any relevant document. Movement of returned products
(b) its common veterinary entry document accompanies it until the returned product reaches its Community establishment of origin. (4) No person shall break the seals on the
container or means of transport in which the returned product is
conveyed, or unload the returned product, or split the consignment or
part consignment which includes the returned product, or subject the
returned product to any form of handling, until it reaches its
Community establishment of origin. Payment of charges 52. - (1) A reasonable charge calculated in accordance with regulations 53 and 54 and Schedule 3 shall be made for veterinary checks carried out on a consignment at a border inspection post. (2) The charge shall be made by and payable to the Secretary of State, a local authority or the Agency, whichever is responsible, pursuant to regulations 4 and 5, for executing and enforcing these Regulations at the border inspection post where the veterinary checks are carried out. Calculation of charges 53. The charge for veterinary checks shall cover the costs listed in Part I of Schedule 3 and shall be calculated in accordance with Part II, III, IV or V, as the case may be, of Schedule 3. Conversion of charges to sterling 54. Charges expressed in euro in Schedule 3 shall be converted to pounds sterling at the rate of conversion published in the "C" Series of the Official Journal of the European Communities in September of the calendar year preceding that in which the relevant veterinary check was carried out. Liability for charges 55. The person responsible for a consignment shall pay on demand the charge made for the veterinary checks carried out on the consignment. Information relating to charges 56. - (1) The Secretary of State, a local authority or the Agency shall, if so requested in writing, supply to any person who presents products pursuant to regulation 18, or to any organisation representing such persons, details of the calculations which she or it uses to determine charges for veterinary checks and shall take into account any representations made by such person or organisation in determining such charges. (2) If requested in writing so to do by the Secretary of State or the Agency, a local authority shall provide the Secretary of State or the Agency, as the case may be, with such information as she or it may require relating to the calculation of charges for veterinary checks, and with copies of any written representations made by persons or organisations referred to in paragraph (1). Appeals against charges paid to local authorities 57. - (1) Any person who has paid a charge for veterinary checks to a local authority, and any organisation representing such persons, may, within twenty-one days of the charge being made, appeal in writing on the ground that the amount of the charge is unreasonable -
(b) to the Agency, where the charge is for veterinary checks carried out in relation to any function of the Agency. (2) Where there is an appeal under
paragraph (1), the Secretary of State or the Agency, as the case may
be, shall consult with the local authority and, if then satisfied that
the amount of the charge is unreasonable, shall so inform the local
authority, and the local authority shall recalculate the amount of the
charge in accordance with any directions given by the Secretary of
State or the Agency and repay to the person who has paid the charge
the difference between the original charge and the recalculated
charge.
(b) the person so appointed shall not, except with the consent of the appellant, be an officer or servant of the Secretary of State; (c) if the appellant so requests, the hearing shall be in public; (d) the independent person shall report to the Secretary of State; and (e) if the appellant so requests, the Secretary of State shall provide him with a copy of the independent person's report. (4) If the independent person is satisfied
that the amount of the charge is unreasonable, the Secretary of State
shall recalculate the charge in accordance with any directions given
by the independent person and repay to the person who has paid the
charge the difference between the original charge and the recalculated
charge. Disease outbreaks in third countries 59. - (1) Where the Secretary of State or the Agency learns of, or has reasonable grounds to suspect, the presence in any third country of a disease referred to in Council Directive 82/894/EEC (on the notification of animal diseases within the Community)[29], a zoonosis or other disease or phenomenon or circumstance liable to present a serious threat to animal or public health, she or it may by written declaration suspend, or impose conditions on, the introduction into England of any product from the whole or any part of that third country. (2) Such a declaration shall be in writing and shall be published in such manner as the Secretary of State or the Agency, as the case may be, thinks fit and shall specify the products and the third country or part thereof concerned. (3) A declaration which imposes conditions on the introduction of any product from a third country or part thereof shall specify those conditions. (4) Where a declaration is in force suspending the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration. (5) Where a declaration is in force imposing conditions on the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration unless the product complies with the conditions specified in the declaration. (6) A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration. Obstruction 60. No person shall -
(b) without reasonable cause fail to comply with a requirement made of him pursuant to regulation 8 or 9, or fail to give to any person exercising a power conferred by those regulations or performing any other regulatory function such assistance or information as that person may reasonably require of him for the purpose of exercising the power or performing the function; or (c) furnish to any person exercising a power conferred by regulation 8 or 9 or performing any other regulatory function any information which he knows to be false or misleading. Defence of due diligence
(b) where he has previously appeared, or been brought, before a court in connection with the alleged offence, within one month of his first such appearance, he has served on the prosecutor a notice in writing giving such
information identifying or assisting in the identification of that
other person as was then in his
possession.
(ii) the provisions contained in regulations 23(7), 28, 43(5), 45(2) and 55; or (b) fails to comply with a notice served upon him under these
Regulations, shall be guilty of an
offence.
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. Offences by bodies corporate Service of notices 65. - (1) Any notice served under these Regulations by the Secretary of State, the Agency, an official veterinary surgeon, an official fish inspector or an authorised officer may be served on a person by -
(b) leaving it at his proper address; or (c) posting it to his proper address. (2) Any such notice which is to be served
on a body corporate or an unincorporated association other than a
partnership shall be duly served on the secretary or clerk or other
similar officer of that body.
(b) in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and (c) in the case of a partnership (including a Scottish partnership) or a person having the control or management of the partnership business, the address of the principal office of the partnership. (5) Where the person to be served is a
company registered, or a partnership carrying on business, outside the
United Kingdom, and the company or partnership has an office within
the United Kingdom, the principal office of that company or
partnership for the purposes of paragraph 4 shall be its principal
office within the United Kingdom. Disapplication of existing provisions 67. - (1) The Importation of Embryos, Ova and Semen Order 1980[30] shall not apply to products to which these Regulations apply, except embryos, ova and semen of the ovine and caprine species. (2) The Importation of Animal Products and Poultry Products Order 1980[31] shall not apply to products to which these Regulations apply, except the products referred to in regulation 3(3) of these Regulations. (3) The following shall not apply to products to which these Regulations apply -
(b) the Imported Food Regulations 1984[33]. Revocations Maximum residue limits and contaminants 1. Council Regulation (EEC) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ No. L224, 18.8.90, p. 1) as last amended by Commission Regulation (EC) No. 1646/2004 (OJ No. L296, 21.9.2004, p. 5). 2. Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ No. L125, 23.5.96, p. 10) as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p. 33) ("the Act of Accession"). 3. Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs (OJ No. L77, 16.3.2001, p. 1) as last amended by Commission Regulation (EC) No. 563/2002 (OJ No. L86, 3.4.2002, p. 5). 4. Commission Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (OJ No. L154, 30.4.2004, p. 44). Transmissible spongiform encephalopathies 5. Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies (OJ No. L147, 31.5.2001, p. 1) as last amended by Commission Regulation (EC) No. 1492/2004 (OJ No. L274, 24.8.2004, p. 3). Health certification for animal products from New Zealand 6. Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand (OJ No. L22, 25.1.2003, p. 38) as last amended by Commission Decision 2003/669/EC (OJ No. L237, 24.9.2003, p. 7). Animal health rules on imports of products of animal origin for human consumption 7. Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (OJ No. L18, 23.1.2003, p. 11). General Provisions 1. Council Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat (OJ No. L121, 29.7.64, p. 2012) as amended and updated by Council Directive 91/497/EC (OJ No. L268, 24.9.91, p. 69) and as last amended by the Act of Accession (see paragraph 2 of Part I). 2. Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from third countries (OJ No. L302, 31.12.72, p. 28) as last amended by Council Regulation (EC) No. 1452/2001 (OJ No. L198, 21.7.2001, p. 11). 3. Council Directive 77/96/EEC on the examination for trichinae (trichinella spiralis) upon importation from third countries of fresh meat from domestic swine (OJ No. L26, 31.1.77, p. 67), as last amended by the Act of Accession (see paragraph 2 of Part I). Third countries from which fresh meat may be imported 4. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (OJ No. L146, 14.6.79, p. 15) as last amended by Commission Decision 2004/620/EC (OJ No. L279, 28.8.2004, p. 30). Third country establishments from which fresh meat may be imported 5. Commission Decision 95/408/EC on conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (OJ No. L243, 11.10.95, p. 17) as last amended by Commission Decision 2003/912/EC (OJ No. L345, 31.12.2003, p. 112). 6. Argentina - Commission Decision 81/91/EEC (OJ No. L58, 5.3.81, p. 39) as amended by Commission Decision 86/392/EEC (OJ No. L228, 14.8.86, p. 44). 7. Australia - Commission Decision 83/384/EEC (OJ No. L222, 13.8.83 p. 36) as amended by Commission Decision 86/389/EEC (OJ No. L228, 14.8.86, p. 34). 8. Botswana - Commission Decision 83/243/EEC (OJ No. L129, 19.5.83, p. 70). 9. Brazil - Commission Decision 81/713/EEC (OJ No. L257, 10.9.81, p. 28) as last amended by Commission Decision 89/282/EEC (OJ No. L110, 21.4.89, p. 54). 10. Bulgaria - Commission Decision 87/735/EEC (OJ No. L311, 8.11.82, p. 16). 11. Canada - Commission Decision 87/258/EEC (OJ No. L121, 9.5.87, p. 50). 12. Chile - Commission Decision 87/124/EEC (OJ No. L51, 20.2.87, p. 41). 13. Croatia - Commission Decision 93/26/EEC (OJ No. L16, 25.1.93, p. 24). 14. The Falkland Islands - Commission Decision 2002/987/EC (OJ No. L344, 19.12.2002, p. 39). 15. Greenland - Commission Decision 85/539/EEC (OJ No. L334, 12.12.85, p. 25). 16. Iceland - Commission Decision 84/24/EEC (OJ No. L20, 25.1.84, p. 21). 17. Former Yugoslav Republic of Macedonia - Commission Decision 95/45/EC (OJ No. L51, 8.3.95, p. 13). 18. Madagascar - Commission Decision 90/165/EEC (OJ No. L91, 6.4.90, p. 34). 19. Mexico - Commission Decision 87/424/EEC (OJ No. L228, 15.8.87, p. 43). 20. Morocco - Commission Decision 86/65/EEC (OJ No. L72, 15.3.86, p. 40). 21. Namibia - Commission Decision 90/432/EEC (OJ No. L223, 18.8.90, p. 19). 22. New Caledonia - Commission Decision 2004/628/EC (OJ No. L284, 3.9.2004, p. 4). 23. New Zealand - Commission Decision 83/402/EEC (OJ No. L223, 24.8.83, p. 24) as amended by Commission Decision 86/432/EEC (OJ No. L253, 5.9.86, p. 28). 24. Paraguay - Commission Decision 83/423/EEC (OJ No. L238, 27.8.83, p. 39). 25. Romania - Commission Decision 83/218/EEC (OJ No. L121, 7.5.83, p. 23) as amended by Commission Decision 86/289/EEC (OJ No. L182, 5.7.86, p. 25). 26. South Africa - Commission Decision 82/913/EEC (OJ No. L381, 31.12.82, p. 28) as amended by Commission Decision 90/433/EEC (OJ No. L223, 18.8.90, p. 21). 27. Swaziland - Commission Decision 82/814/EEC (OJ No. L343, 4.12.82, p. 24). 28. Switzerland - Commission Decision 82/734/EEC (OJ No. L311, 8.11.82, p. 13) as last amended by Commission Decision 92/2/EEC (OJ No. L1, 4.1.92, p. 22). 29. United States of America - Commission Decision 87/257/EEC (OJ No. L121, 9.5.87, p. 46) as amended by Commission Decision 2000/138/EC (OJ No. L46, 18.2.2000, p. 36). 30. Uruguay - Commission Decision 81/92/EEC (OJ No. L58, 5.3.81, p. 43) as amended by Commission Decision 86/485/EEC (OJ No. L282, 3.10.86, p. 31). 31. Federal Republic of Yugoslavia - Commission Decision 98/8/EEC (OJ No. L2, 6.1.98, p. 12). 32. Zimbabwe - Commission Decision 85/473/EEC (OJ No. L278, 18.10.85, p. 35). Health certification requirements 33. Council Decision 79/542/EEC (see paragraph 4 of this Part). General Provisions 1. Council Directive 72/462/EEC (See paragraph 2 of Part II). 2. Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (OJ No. L26, 31.1.77, p. 85) as amended and updated by Council Directive 92/5/EEC (OJ No. L57, 2.3. 92, p. 1) and last amended by the Act of Accession (see paragraph 2 of Part I). 3. Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products (OJ No. L47, 21.2. 80, p. 4) as last amended by Council Directive 91/687/EEC (OJ No. L377, 31.12. 91, p. 16) and read with Council Directive 2002/99/EC (see paragraph 7 of Part I). Third countries from which meat products may be imported 4. Commission Decision 97/222/EC laying down the list of third countries from which the Member States authorise the importation of meat products (OJ No. L89, 4.4.97, p. 39) as last amended by Commission Decision 2004/245/EC (OJ No. L77, 13.3.2004, p. 62). Third country establishments from which meat products may be imported 5. Commission Decision 95/408/EC (see paragraph 5 of Part II). 6. Argentina - Commission Decision 86/414/EEC (OJ No. L237, 23.8.86, p. 36), as amended by Commission Decision 97/397/EC (OJ No. L165, 24.6.97, p. 13). 7. Botswana - Commission Decision 94/465/EC (OJ No. L190, 26.7.94, p. 25). 8. Brazil - Commission Decision 87/119/EC (OJ No. L49, 18.2.87, p. 37) as amended by Commission Decision 95/236/EC (OJ No. L156, 7.7.95, p. 85). 9. Namibia - Commission Decision 95/427/EC (OJ. No. L254, 24.10.95, p. 28). 10. Uruguay - Commission Decision 86/473/EEC (OJ No. L279, 30.9.86, p. 53) as amended by Commission Decision 96/466/EC (OJ No. L192, 2.8.96, p. 25). 11. Zimbabwe - Commission Decision 94/40/EC (OJ No. L22, 27.1.94, p. 50). 12. Miscellaneous third countries - Commission Decision 97/365/EC (OJ No. L154, 12.6.97, p. 41) as last amended by Commission Decision 2004/380/EC (OJ No. L144, 30.4.2004, p. 5). 13. Miscellaneous third countries - Commission Decision 97/569/EC (OJ No. L234, 26.8.97, p. 16) as last amended by the Act of Accession (see paragraph 2 of Part I). Health Certification Requirements 14. Commission Decision 97/221/EC (OJ No. L89, 4.4.97, p. 32) as amended by Commission Decision 2004/427/EC (OJ No. L154, 30.4.2004, p. 8) (animal health). 15. Council Directive 72/462/EEC (see paragraph 2 of Part II) (public health). 16. Commission Decision 97/41/EC (OJ No. L17, 21.1.97, p. 34) (public health). General 1. Council Directive 92/46/EEC laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJ No. L268, 14.9.92, p. 1) as last amended by Council Directive 2003/85/EC (OJ No. L306, 22.11.2003, p. 1) and read with Council Directive 2002/99/EC (see paragraph 7 of Part I). 2. Commission Decision 2004/438/EC laying down animal and public health and veterinary certification conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption (OJ No. L154, 30.4.2004, p. 72). Third countries from which milk and milk-based products may be imported 3. Commission Decision 2004/438/EC (see paragraph 2 above). Third country establishments from which milk and milk-based products may be imported 4. Commission Decision 95/408/EC (see paragraph 5 of Part II). 5. Commission Decision 97/252/EC (OJ No. L101, 18.4.97, p. 46) as last amended by the Act of Accession (see paragraph 2 of Part I). General 1. Council Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat (OJ No. L55, 8.3.71, p. 23) as amended and updated by Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p. 1) and as last amended by the Act of Accession (see paragraph 2 of Part I). 2. Council Directive 91/494/EEC on animal health conditions governing intra-community trade in and imports from third countries of fresh poultrymeat (OJ No. L268, 24.9.91, p. 35) as last amended by Council Directive 99/89/EC (OJ No. L300, 23.11.99, p. 17) and read with Council Directive 2002/99/EC (see paragraph 7 of Part I). 3. Commission Decision 93/342/EC laying down the criteria for classifying third countries with regard to avian influenza and Newcastle disease (OJ No. L137, 8.6.93 p. 24) as amended by Commission Decision 94/438/EC (OJ No. L181, 15.7.94, p. 35). Third Countries from which fresh poultrymeat may be imported 4. Commission Decision 94/85/EC (OJ No. L44, 17.2.94, p. 31) as last amended by Commission Decision 2004/118/EC (OJ No. L36, 7.2.2004, p. 34). Third Country establishments from which fresh poultrymeat may be imported 5. Commission Decision 95/408/EC (see paragraph 5 of Part II). 6. Commission Decision 97/4/EC (OJ No. L2, 4.1.97, p. 6) as last amended by the Act of Accession (see paragraph 2 of Part I). Health Certification Requirements 7. Commission Decision 94/984/EC (OJ No. L378, 31.12.94, p. 11) as last amended by Commission Decision 2004/436/EC (OJ No. L154, 30.4.2004, p. 59). General 1. Council Directive 92/45/EEC on pubic health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (OJ No. L268, 14.9.92, p. 35) as last amended by the Act of Accession (see paragraph 2 of Part I) and read with Council Directive 2002/99/EC (see paragraph 7 of Part I). 2. Commission Decision 2000/585/EC drawing up a list of third countries from which Member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports (OJ No. L251, 6.10.2000, p. 1) as last amended by Commission Decision 2004/413/EC (OJ No. L151, 30.4.2004, p. 54). Third Country establishments from which game meat may be imported 3. Commission Decision 95/408/EC (see paragraph 5 of Part II). 4. Commission Decision 97/468/EC (OJ No. L199, 26.7.97, p. 62) as last amended by the Act of Accession (see paragraph 2 of Part I). General 1. Council Directive 94/65/EC laying down the requirements for the production and placing on the market of minced meat and meat preparations (OJ No. L368, 31.12.94, p. 10) as amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1) and read with Council Directive 2002/99/EC (see paragraph 7 of Part I). Health Certification requirements 2. Commission Decision 2000/572/EC (OJ No. L240, 23.9.2000, p. 19) as last amended by Commission Decision 2004/437/EC (OJ No. L154, 30.4.2004, p. 65) (meat preparations). 3. Council Decision 79/542/EEC (see paragraph 4 of Part II) (minced meat). Third Country Establishments from which minced meat and meat preparations may be imported 4. Commission Decision 95/408/EC (see paragraph 5 of Part II). 5. Commission Decision 99/710/EC (OJ No. L281, 4.11.1999, p. 82) as last amended by Commission Decision 2004/381/EC (OJ No. L144, 30.4.2004, p. 8). General 1. Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ No. L62, 15.3.93, p. 49) as last amended by Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60). 2. Council Directive 91/495/EEC concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat (OJ No. L268, 24.9.91, p. 41), as last amended by the Act of Accession (see paragraph 2 of Part I) and read with Council Directive 2002/99/EC (see paragraph 7 of Part I). 3. Commission Decision 2000/609/EC laying down animal and public health conditions and veterinary certification for imports of farmed ratite meat and amending Decision 94/85/EC drawing up a list of third countries from which Member States authorise imports of fresh poultrymeat (OJ No. L258, 12.10.2000, p. 49) as last amended by Commission Decision 2004/415/EC (OJ No. L151, 30.4.2004, p. 70). Third countries from which products covered by Council Directive 92/118/EEC may be imported 4. Commission Decision 2003/812/EC (OJ No. L305, 22.11.2003, p. 17) as amended by Commission Decision 2004/19/EC (OJ No. L5, 9.1.2004, p. 84). Third country establishments from which products covered by Council Directive 92/118/EEC may be imported 5. Commission Decision 95/408/EC (see paragraph 5 of Part II). 6. Commission Decision 1999/120/EC (OJ No. L36, 10.2.1999, p. 21) (animal casings) as last amended by the Act of Accession (see paragraph 2 of Part I). 7. Commission Decision 97/467/EC (OJ No. L199, 26.7.97, p. 57) as last amended by Commission Decision 2004/591/EC (OJ No. L263, 10.8.2004, p. 21) (rabbit meat and farmed game meat). 8. Commission Decision 2001/396/EC ( OJ No. L139, 23.5.2001, p. 16) (ratite meat). 9. Commission Decision 2001/556/EC (OJ No. L200, 25.7.2001, p. 23) (gelatine) as last amended by the Act of Accession (see paragraph 2 of Part I). Health Certification Requirements 10. Commission Decision 2003/779/EC (OJ No. L285, 1.11.2003, p. 38) as amended by Commission Decision 2004/414/EC (OJ No. L151, 30.4.2004, p. 62) (animal casings). 11. Commission Decision 97/199/EC (OJ No. L84, 26.3.97, p. 4) (pet-food in hermetically sealed containers). 12. Commission Decision 2000/585/EC (see paragraph 2 of Part VI) (rabbit meat, feathered game meat and certain land mammals). 13. Commission Decision 2000/609/EC (farmed ratite meat) (see paragraph 3 of Part VIII). 14. Commission Decision 97/38/EC (OJ No. L14, 17.1.97, p. 61) (egg products). 15. Commission Decision 2000/20/EC (OJ No. L6, 11.1.2000, p. 60) (gelatine) (excluding the USA). 16. Commission Decision 2003/721/EC (OJ No. L260, 11.10.2003, p. 21) (collagen) (excluding the USA). 17. Commission Decision 2003/863/EC (OJ No. L325, 12.12.2003, p. 46) (gelatine and collagen from the USA). Animal by-products 18. Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (OJ No. L273, 10.10.2002, p. 1) as last amended by Commission Regulation (EC) No. 780/2004 (OJ No. L123, 27.4.2004, p. 64). 19. Regulation (EC) No. 878/2004 laying down transitional measures in accordance with Regulation (EC) No. 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes (OJ No. L162, 30.4.2004, p. 62). 20. Commission Decision 2004/407/EC on transitory and certification rules under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine (OJ No. L151, 30.4.2004, p. 11). Bovine material 1. Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports from third countries of deep-frozen semen of domestic animals of the bovine species, (OJ No. L194, 22.7.88, p. 10) as last amended by Commission Decision 2004/101/EC (OJ No. L30, 4.2.2004, p. 15). 2. Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ No. L302, 19.10.89, p. 1) as last amended by Regulation (EC) No. 806/2003/EC (OJ No. L22, 16.5.2003, p. 1). 3. Commission Decision 91/270/EEC drawing up a list of third countries from which Member States authorize the importation of embryos of domestic animals of the bovine species (OJ No. L134, 29.05.91 P. 56) as last amended by the Act of Accession (see paragraph 2 of Part I). 4. Commission Decision 92/471/EEC concerning animal health conditions and veterinary certification for importation of bovine embryos from third countries (OJ No. L270, 15.9.92, p. 27) as last amended by Commission Decision 2004/52/EC (OJ No. L10, 16.1.2004, p. 67). 5. Commission Decision 92/452/EEC establishing lists of embryo collection teams approved in third countries for export of bovine embryos to the Community (OJ No. L250, 29.8.1992 p. 40) as last amended by Commission Decision 2004/568/EC (OJ No. L252, 28.7.2004, p. 5). 6. Commission Decision 2004/639/EC laying down the importation conditions of semen of domestic animals of the bovine species (OJ No. L292, 15.9.2004, p. 21). Porcine material 7. Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ No. L224, 18.8.90, p. 62) as last amended by the Act of Accession (see paragraph 2 of Part I). 8. Commission Decision 94/63/EC drawing up a provisional list of third countries from which Member States authorize imports of semen, ova and embryos of the ovine, caprine and equine species, ova and embryos of the porcine species (OJ No. L28, 2.2.94, p. 47) as last amended by Commission Decision 2004/211/EC (OJ No. L73, 11.3.2004, p. 1). 9. Commission Decision 93/160/EEC drawing up a list of third countries from which Member States authorize the importation of semen of domestic animals of the porcine species (OJ No. L67, 19.3.1993 p. 27). 10. Commission Decision 2002/613/EC laying down the importation conditions of semen of domestic animals of the porcine species (OJ No. L196, 25.7.2002, p. 45) as last amended by Commission Decision 2004/456/EC (OJ No. L156, 30.4.2004, p. 44). Ovine and caprine material 11. Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC, (OJ No. L268, 14.9.92, p. 54) as last amended by the Act of Accession (see paragraph 2 of Part I). 12. Commission Decision 94/63/EC (See paragraph 8 of this Part). Equine material 13. Council Directive 92/65/EEC (See paragraph 11 of this Part). 14. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise import of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EC and 94/63/EC (OJ No. L73, 11.3.2004, p. 1). 15. Commission Decision 96/539/EC on animal health requirements and veterinary certification for imports into the Community of semen of the equine species, (OJ No. L230, 11.9.96, p. 23) as last amended by the Act of Accession (see paragraph 2 of Part I). 16. Commission Decision 96/540/EC on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species (OJ No. L230, 11.9.96, p. 28) as amended by the Act of Accession (see paragraph 2 of Part I). 17. Commission Decision 2004/616/EC establishing the list of approved semen collection centres for imports of equine semen from third countries (OJ No. L278, 27.8.2004, p. 64). General Provisions 1. Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ No. L46, 19.2.91, p. 1), as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1). 2. Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live bivalve molluscs (OJ No. L268, 24.9.91, p. 1) as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1). 3. Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (OJ No. L268, 24.9.91, p. 15) as last amended by the Act of Accession (see paragraph 2 of Part I). 4. Council Directive 92/48/EEC laying down minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC (OJ No. L187, 7.7.92, p. 41). 5. Commission Decision 2003/774/EC approving certain treatments to inhibit the development of pathogenic micro-organisms in bivalve molluscs and marine gastropods (OJ No. L283, 31.10.2003, p. 78). 6. Commission Decision 93/51/EEC on the microbiological criteria applicable to the production of cooked crustaceans and molluscs and shellfish (OJ No. L13, 21.1.93, p. 11). 7. Commission Decision 93/140/EEC laying down the detailed rules relating to the visual inspection for the purpose of detecting parasites in fishery products (OJ No. L56, 9.3.93, p. 42). 8. Commission Decision 94/356/EC laying down detailed rules for the application of Council Directive 91/493/EEC as regards own health checks on fishery products (OJ No. L156, 23.6.94, p. 50). 9. Commission Decision 95/149/EC fixing total volatile basic nitrogen (TVB-N) limit values for certain categories of fishery products and specifying the analysis methods to be used (OJ No. L97, 29.4.95, p. 84). 10. Council Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs (OJ No. L77, 16.3.2001, p. 14) as corrected by Commission Decision 2001/873/EC (OJ No. L325, 8.12.2001, p. 34). 11. Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (OJ No. L302, 20.11.2003, p. 22) as last amended by Commission Decision 2004/623/EC (OJ No. L280, 31.8.2004, p. 26). 12. Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, live fish of aquaculture origin and products thereof intended for human consumption (OJ No. L324, 11.12.2003, p. 37) as amended by Commission Decision 2004/454/EC (OJ No. L156, 30.4.2004, p. 29). 13. Commission Decision 2004/453/EC implementing Council Directive 91/67/EC as regards measures against certain diseases in aquaculture animals (OJ No. L156, 30.4.2004, p. 5). Health certification 14. Commission Decision 95/328/EC establishing health certification for fishery products from third countries which are not yet covered by a specific Decision (OJ No. L191, 12.8.95, p. 32) as last amended by Commission Decision 2004/109/EC (OJ No. L32, 5.2.2004, p. 17). 15. Commission Decision 96/333/EC establishing health certification of live bivalve molluscs, echinoderms, tunicates and marine gastropods from third countries which are not covered by a specific Decision (OJ No. L127, 25.5.96, p. 33) as last amended by Commission Decision 2004/119/EC (OJ No. L36, 7.2.2004, p. 56). 16. Commission Decision 98/418/EC (OJ No. L190, 4.7.98, p. 53) (Uganda, Tanzania, Kenya and Mozambique). 17. Commission Decision 2000/127/EC (OJ No. L36, 11.2.2000, p. 43) (Tanzania). 18. Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (OJ No. L302, 20.11.2003, p. 22) as last amended by Commission Decision 2004/623/EC (OJ No. L280, 31.8.2004, p. 26). 19. Commission Decision 2003/858/EC laying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, live fish of aquaculture origin and products thereof intended for human consumption (OJ No. L324, 11.12.2003, p. 37) as amended by Commission Decision 2004/454/EC (OJ No. L156, 30.4.2004, p. 29). Third Country Equivalence 20. Commission Decision 97/20/EC establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods (OJ No. L6, 10.1.97, p. 46) as last amended by Commission Decision 2002/469/EC (OJ No. L163, 21.6.2002, p. 16). Third countries from which fishery products may be imported 21. Commission Decision 97/296/EC drawing up a list of third countries from which the import of fishery products is authorised for human consumption (OJ No. L122, 14.5.97, p. 21), as last amended by Commission Decision 2004/359/EC (OJ No. L113, 20.4.2004, p. 45). Third country establishments from which fishery products may be imported 22. Commission Decision 95/408/EC (see paragraph 5 of Part II). Special import conditions for fishery products 23. Albania - Commission Decision 95/90/EC (OJ No. L70, 30.3.95, p. 27) as last amended by Commission Decision 95/235/EC (OJ No. L156, 7.7.95, p. 82). 24. Argentina - Commission Decision 93/437/EC (OJ No. L202, 12.8.93, p. 42), as last amended by Commission Decision 97/276/EC (OJ No. L108, 25.4.97, p. 53). 25. Australia - Commission Decision 97/426/EC (OJ No. L183, 11.7.97, p. 21) as amended by Commission Decision 1999/403/EC (OJ No. L151, 18.6.1999, p. 35). 26. Bangladesh - Commission Decision 98/147/EC (OJ No. L46, 17.2.98, p. 13). 27. Belize - Commission Decision 2003/759/EC (OJ No. L273, 24.10.2003, p. 18). 28. Brazil - Commission Decision 94/198/EC (OJ No. L93, 12.4.94, p. 26) as last amended by Commission Decision 96/193/EC (OJ No. L61, 12.3.96, p. 43). 29. Bulgaria - Commission Decision 2002/472/EC (OJ No. L163, 21.6.2002, p. 24). 30. Canada - Commission Decision 93/495/EC (OJ No. L232, 15.9.93, p. 43) as last amended by Commission Decision 2000/659/EC (OJ No. L276, 28.10.2000, p. 81). 31. Cape Verde - Commission Decision 2003/763/EC (OJ No. L273, 24.10.2003, p. 38). 32. Chile - Commission Decision 93/436/EC (OJ No. L202, 12.8.93, p. 31) as last amended by Commission Decision 2000/61/EC (OJ No. L22, 27.1.2000, p. 62). 33. China - Commission Decision 2000/86/EC (OJ No. L26, 2.2.2000, p. 26) as amended by Commission Decision 2000/300/EC (OJ No. L97, 19.4.2000, p. 15). 34. Colombia - Commission Decision 94/269/EC (OJ No. L115, 6.5.94, p. 38) as last amended by Commission Decision 1999/486/EC (OJ No. L190, 23.7.1999, p. 32). 35. Costa Rica - Commission Decision 2002/854/EC (OJ No. L301, 5.11.2002, p. 1). 36. Croatia - Commission Decision 2002/25/EC (OJ No. L11, 15.1.2002, p. 25). 37. Cuba - Commission Decision 98/572/EC (OJ No. L277, 14.10.98, p. 44). 38. Egypt - Commission Decision 2004/38/EC (OJ No. L8, 14.1.2004, p. 17). 39. Ecuador - Commission Decision 94/200/EC (OJ No. L93, 12.4.94, p. 34) as last amended by Commission Decision 96/31/EC (OJ No. L9, 12.1.96, p. 6). 40. Falkland Islands - Commission Decision 98/423/EC (OJ No. L190, 4.7.98, p. 76). 41. French Polynesia - Commission Decision 2003/760/EC (OJ No. L273, 24.10.2003, p. 23). 42. Gabon - Commission Decision 2002/26/EC (OJ No. L11, 15.1.2002, p. 31). 43. Gambia - Commission Decision 96/356/EC (OJ No. L137, 8.6.96, p. 31). 44. Ghana - Commission Decision 98/421/EC (OJ No. L190, 4.7.98, p. 66). 45. Greenland - Commission Decision 2002/856/EC (OJ No. L301, 5.11.2002, p. 11). 46. Guatemala - Commission Decision 98/568/EC (OJ No. L277, 14.10.98, p. 26) as amended by Commission Decision 1999/487/EC (OJ No. L190, 23.7.1999, p. 36). 47. Guinea - Commission Decision 2001/634/EC (OJ No. L221, 17.8.2001, p. 50) as amended by Commission Decision 2002/61/EC (OJ No. L24, 26.1.2002, p. 59). 48. Guyana - Commission Decision 2004/40/EC (OJ No. L8, 14.1.2004, p. 27). 49. Honduras - Commission Decision 2002/861/EC (OJ No. L301, 5.11.2002, p. 43). 50. India - Commission Decision 97/876/EC (OJ No. L356, 31.12.97, p. 57). 51. Indonesia - Commission Decision 94/324/EC (OJ No. L145, 10.6.94, p. 23) as last amended by Commission Decision 2001/254/EC (OJ No. L91, 31.3.2001, p. 85). 52. Iran - Commission Decision 2000/675/EC (OJ No. L280, 4.11.2000, p. 63). 53. Ivory Coast - Commission Decision 96/609/EC (OJ No. L269, 22.10.96, p. 37). 54. Jamaica - Commission Decision 2001/36/EC (OJ No. L10, 13.1.2001, p. 59). 55. Japan - Commission Decision 95/538/EC (OJ No. L304, 16.12.95, p. 52) as amended by Commission Decision 2002/471/EC (OJ No. L163, 21.6.2002, p. 21). 56. Kazakhstan - Commission Decision 2002/862/EC (OJ No. L301, 5.11.2002, p. 48) as last amended by Commission Decision 2003/905/EC (OJ No. L340, 24.12.2003, p. 74). 57. Kenya - Commission Decision 2004/39/EC (OJ No. L8, 14.1.2004, p. 22). 58. Korea, Republic of - Commission Decision 95/454/EC (OJ No. L264, 7.11.95, p. 37) as last amended by Commission Decision 2001/818/EC (OJ No. L307, 24.11.2001, p. 20). 59. Madagascar - Commission Decision 97/757/EC (OJ No. L307, 12.11.97, p. 33). 60. Malaysia - Commission Decision 96/608/EC (OJ No. L269, 22.10.96, p. 32). 61. Maldives - Commission Decision 98/424/EC (OJ No. L190, 4.7.98, p. 81) as amended by Commission Decision 2001/252/EC (OJ No. L91, 31.3.2001, p. 78). 62. Mauritania - Commission Decision 96/425/EC (OJ No. L175, 13.7.96, p. 27). 63. Mauritius - Commission Decision 99/276/EC (OJ No. L108, 27.4.1999, p. 52) as amended by Commission Decision 2000/84/EC (OJ No. L26, 2.2.2000, p. 18). 64. Mayotte - Commission Decision 2003/608/EC (OJ No. L210, 20.08.2003 p. 25). 65. Mexico - Commission Decision 98/695/EC (OJ No. L332, 8.12.98, p. 9) as amended by Commission Decision 2001/819/EC (OJ No. L307, 24.11.2001, p. 22). 66. Morocco - Commission Decision 95/30/EC (OJ No. L42, 24.2.95, p. 32) as last amended by Commission Decision 2004/367/EC (OJ No. L114, 21.4.2004, p. 36). 67. Mozambique - Commission Decision 2002/858/EC (OJ No. L301, 5.11.2002, p. 24). 68. Namibia - Commission Decision 2000/673/EC (OJ No. L280, 4.11.2000, p. 52). 69. Netherlands Antilles - Commission Decision 2003/762/EC (OJ No. L273, 24.10.2003, p. 33). 70. New Caledonia - Commission Decision 2002/855/EC (OJ No. L301, 5.11.2002, p. 6). 71. New Zealand - Commission Decision 94/448/EC (OJ No. L184, 20.7.94, p. 16) as last amended by Commission Decision 1999/402/EC (OJ No. L151, 18.6.1999, p. 31). 72. Nicaragua - Commission Decision 2001/632/EC (OJ No. L221, 17.8.2001, p. 40). 73. Nigeria - Commission Decision 98/420/EC (OJ No. L190, 4.7.98, p. 59). 74. Oman - Commission Decision 99/527/EC (OJ No. L203, 3.8.1999, p. 63). 75. Pakistan - Commission Decision 2000/83/EC (OJ No. L26, 2.2.2000, p. 13). 76. Papua New Guinea - Commission Decision 2002/859/EC (OJ No. L301, 5.11.2002, p. 33). 77. Panama - Commission Decision 99/526/EC (OJ No. L203, 3.8.1999, p. 58). 78. Peru - Commission Decision 95/173/EC (OJ No. L116, 23.5.95, p. 41) as amended by Commission Decision 95/311/EC (OJ No. L186, 5.8.95, p. 78). 79. Philippines - Commission Decision 95/190/EC (OJ No. L123, 3.6.95, p. 20) as amended by Commission Decision 96/256/EC (OJ No. L86, 4.4.96, p. 83). 80. Romania - Commission Decision 2004/361/EC (OJ No. L113, 20.4.2004, p. 54). 81. Russia - Commission Decision 97/102/EC (OJ No. L35, 5.2.97, p. 23) as last amended by Commission Decision 2002/941/EC (OJ No. L325, 30.11.2002, p. 45). 82. Saint Pierre et Miquelon - Commission Decision 2003/609/EC (OJ No. L210, 20.8.2003, p. 30). 83. Senegal - Commission Decision 96/355/EC (OJ No. L137, 8.6.96, p. 24). 84. Serbia and Montenegro - Commission Decision 2004/37/EC (OJ No. L8, 14.1.2004, p. 12). 85. Seychelles - Commission Decision 99/245/EC (OJ No. L91, 7.4.1999, p. 40). 86. Singapore - Commission Decision 94/323/EC (OJ No. L145, 10.6.94, p. 19) as last amended by Commission Decision 2000/660/EC (OJ No. L276, 28.10.2000, p. 85). 87. South Africa - Commission Decision 96/607/EC (OJ No. L269, 22.10.96, p. 23). 88. Sri Lanka - Commission Decision 2003/302/EC (OJ No. L110, 03.05.2003, p. 6). 89. Suriname - Commission Decision 2002/857/EC (OJ No. L301, 5.11.2002, p. 19). 90. Switzerland - Commission Decision 2002/860/EC (OJ No. L301, 5.11.2002, p. 38). 91. Taiwan - Commission Decision 94/766/EC (OJ No. L305, 30.11.94, p. 31) as last amended by Commission Decision 1999/529/EC (OJ No. L203, 3.8.1999, p. 73). 92. Tanzania - Commission Decision 98/422/EC (OJ No. L190, 4.7.98, p. 71). 93. Thailand - Commission Decision 94/325/EC (OJ No. L145, 10.6.94, p. 30) as last amended by Commission Decision 97/563/EC (OJ No. L232, 23.8.97, p. 12). 94. Tunisia - Commission Decision 98/570/EC (OJ No. L277, 14.10.98, p. 36) as last amended by Commission Decision 2002/819/EC (OJ No. L281, 19.10.2002, p. 18). 95. Turkey - Commission Decision 2002/27/EC (OJ No. L11, 15.1.2002, p. 36). 96. Uganda - Commission Decision 2001/633/EC (OJ No. L221, 17.8.2001, p. 45). 97. United Arab Emirates - Commission Decision 2003/761/EC (OJ No. L273, 24.10.2003, p. 28). 98. Uruguay - Commission Decision 96/606/EC (OJ No. L269, 22.10.96, p. 18) as amended by Commission Decision 2002/20/EC (OJ No. L10, 12.1.2002, p. 75). 99. Venezuela - Commission Decision 2000/672/EC (OJ No. L280, 4.11.2000, p. 46) as amended by Commission Decision 2002/833/EC (OJ No. L285, 23.10.2002, p. 22). 100. Vietnam - Commission Decision 99/813/EC (OJ No. L315, 9.12.1999, p. 39) as last amended by Commission Decision 2004/267/EC (OJ No. L83, 20.3.2004, p. 26). 101. Yemen - Commission Decision 99/528/EC (OJ No. L203, 3.8.1999, p. 68). 102. Zimbabwe - Commission Decision 2004/360/EC (OJ No. L113, 20.4.2004, p. 48). Special import conditions for bivalve molluscs 103. Australia - Commission Decision 97/427/EC (OJ No. L183, 11.7.97, p. 38) as amended by Commission Decision 1999/531/EC (OJ No. L203, 3.8.1999, p. 77). 104. Chile - Commission Decision 96/675/EC (OJ No. L313, 3.12.96, p. 38). 105. Japan - Commission Decision 2002/470/EC (OJ No. L163, 21.6.2002, p. 19). 106. Jamaica - Commission Decision 2001/37/EC (OJ No. L10, 13.1.2001, p. 64). 107. Korea, Republic of - Commission Decision 95/453/EC (OJ No. L264, 7.11.95, p. 35) as last amended by Commission Decision 2001/676/EC (OJ No. L236, 5.9.2001, p. 18). 108. Morocco - Commission Decision 93/387/EC (OJ No. L166, 8.7.93, p. 40) as last amended by Commission Decision 96/31/EC (OJ No. L9, 12.1.96, p. 6). 109. Peru - Commission Decision 2004/30/EC (OJ No. L6, 10.1.2004, p. 53). 110. Thailand - Commission Decision 97/562/EC (OJ No. L232, 23.8.97, p. 9). 111. Tunisia - Commission Decision 98/569/EC (OJ No. L277, 14.10.98, p. 31) as amended by Commission Decision 2002/819/EC (OJ No. L281, 19.10.2002, p. 18). 112. Turkey - Commission Decision 94/777/EC (OJ No. L312, 6.12.94, p. 35) as last amended by Commission Decision 1999/767/EC (OJ No. L302, 25.11.1999, p. 26). 113. Uruguay - Commission Decision 2002/19/EC (OJ No. L10, 12.1.2002, p. 73). 114. Vietnam - Commission Decision 2000/333/EC (OJ No. L114, 13.5.2000, p. 42) as amended by Commission Decision 2004/263/EC (OJ No. L81, 19.3.2004, p. 88). 1. Council Decision 1999/201/EEC on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (OJ No. L71, 18.3.1999, p. 1). 2. Council Decision 97/132/EC on the conclusion of the Agreement between the European Community and New Zealand and sanitary measures applicable to trade in live animals and animal products (OJ No. L57, 26.2.97, p. 4) as last amended by Council Decision 1999/837/EC (OJ No. L332, 23.12.99, p. 1). 3. Council Decision 2002/957/EC on the conclusion of an Agreement in the form of Exchange of Letters concerning the amendment to the Annexes to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (OJ No. L333, 10.12.2002, p. 13). 4. Commission Decision 2003/56/EC (see paragraph 6 of Part I of Schedule 1). 1. For the purposes of this Schedule "the actual cost" of the veterinary checks carried out on a consignment at a border inspection post means the aggregate of -
(b) the full cost of any items listed in paragraph 2 below which relate wholly to those veterinary checks. 2. The items referred to in
paragraph 1 above are the following -
(b) recruiting and training the staff referred to in item (a); (c) travel and related incidental expenses incurred in carrying out the veterinary checks, except where incurred by a person attending his normal place of work; (d) office accommodation, equipment and services for staff involved in carrying out veterinary checks at the border inspection post, including depreciation of office furniture and equipment and the cost of information technology, stationery and forms; (e) protective clothing and equipment used in carrying out the veterinary checks; (f) laundering the protective clothing referred to in item (e); (g) sampling, and testing and analysing samples (except sampling and testing for the presence of salmonella); (h) routine invoicing and collection of charges for veterinary checks at the border inspection posts; and (i) providing payroll and personnel services in connection with the employment of staff carrying out veterinary checks at the border inspection post.
The charge for veterinary checks carried out on a consignment introduced into the customs territory of the Community from New Zealand shall be 1.5 euro for each tonne of the consignment, subject to a minimum of 30 euro and a maximum of 350 euro, save that where the actual cost of the veterinary checks carried out on a consignment exceeds 350 euro, the amount of the charge shall be the actual cost. The charge for veterinary checks carried out on a consignment (other than a consignment to which Part II of this Schedule applies) covered by -
(b) Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries (OJ No L302, 31.12.72, p 28), as last amended by Council Regulation (EC) No. 1452/2001, OJ No L198, 21.7.2001, p 11); (c) Chapter III of Council Directive 92/45/EEC on public health and animal health problems relating to the killing of wild game and the placing on the market of the wild game meat (OJ No L268, 14.9.92, p 35) as last amended by the Act of Accession (see paragraph 2 of Part I of Schedule 1); or (d) Chapter 11 of Annex I to Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC, as last amended by Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60) -
(ii) 5 euro per tonne of the consignment; or (iii) the actual cost of the veterinary checks carried out on the consignment, whichever is the greatest.
The charge for veterinary checks carried out on a consignment of fishery products falling under Chapter II of Council Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products (OJ No L268, 24.9.91, p. 15) as last amended by the Act of Accession (see paragraph 2 of Part I of Schedule 1), other than a consignment to which Part II of this Schedule applies shall be -
(b) 5 euro per tonne of the consignment for the first 100 tonnes plus -
(ii) 2.5 euro per additional tonne in other cases; or (c) the actual cost of the veterinary checks carried out on the
consignment, whichever is the greatest. The charge for veterinary checks carried out on a consignment, other than a consignment to which Part II, III or IV of this Schedule applies, shall be the actual cost of the veterinary checks carried out on the consignment. Regulations - 15 (Prohibition of non-conforming products) 16 (Prohibition of introduction of products except at border inspection posts) 17 (Advance notice of introduction or presentation) 18(1) and (2) (Presentation of products at border inspection posts) 20(1) (Common veterinary entry document to accompany consignment) 29(2) (Disposal of unused catering supplies) 37(3) and (4) (Products transported under supervision) 38(2), (4) and (5) (Transhipment of products intended for import) 40 (Prior authorisation of transit) 42(2)(a) and (c) (Movement of transit products) 45(1) (Additional information for products intended for warehouses) 51(3) (Movement of returned products) (This note is not part of the Regulations) These Regulations revoke and re-enact with changes the Products of Animal Origin (Third Country Imports) (England) (No. 2) Regulations 2004 (S.I. 2004/1740). They implement for England 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). Commission Decision 2002/349/EC (laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC) (OJ No. L121, 8.5.2002, p. 6) specifies the products of animal origin to which the Directive applies- meat, fish (including shellfish), milk, and products made from these, together with egg products and a large number of animal by-products, including casings, skins, bones and blood - from third countries. The products to which the Regulations apply (defined in regulation 2(1)) must comply with the requirements listed, by reference to the relevant Community legislation, in Schedule 1. Trade samples and products intended for exhibition or study or analysis are exempt from the Regulations (regulation 3(1)). Products intended for personal use which comply with the conditions in regulation 3(3), are exempt from all but a few of the regulations. Regulations 4 and 16 define the authorities that enforce the Regulations. Usually, these will be port health authorities, who appoint official veterinary surgeons and official fish inspectors to conduct veterinary checks at each border inspection post in their area (regulation 6). Regulations 7, 8, 9 and 11 confer the necessary enforcement powers. The Commissioners of Customs and Excise enforce regulation 16 at points of entry other than border inspection posts. Part 3 establishes the inspection system which will apply to the generality of products. The introduction into England of products which do not comply with the Schedule 1 requirements is prohibited, unless they are being transported across England (regulation 15). Products must be introduced at border inspection posts, advance notice of their introduction must be given, and they must be made available for inspection, together with required documentation, at a border inspection post (regulations 16 to 19). Regulations 21 to 28 deal with products which are rejected at inspection, are introduced illegally, or present a risk to animal or public health. Parts 4 to 9 lay down special provisions which apply to particular categories of product (on-board catering supplies, products intended for free circulation in the Community, products in transit across England, products intended for warehousing under particular customs regimes, and products exported from the Community and then returned to it). Part 10 deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part 11 confers on the Secretary of State and the Food Standards Agency power to prohibit the introduction of products into England from non-EEA countries in which there is an outbreak of animal disease; Part 12 establishes offences and penalties; Part 13 deals with the service of notices and with notification of decisions; and Part 14 provides that certain existing provisions do not apply to products to which these Regulations apply, and revokes the Products of Animal Origin (Third Country Imports) (England) (No. 2) Regulations 2004. Changes made by these Regulations Schedule 1 has been revised in order to implement Community instruments that have come into force since the Products of Animal Origin (Third Country Imports) (England) (No. 2) Regulations 2004 were made, including Council Directive 2002/99/EC (laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption) (OJ No L18, 23.1.2003, p. 11). This Directive, which is required to be implemented by 1st January 2005, forms part of a wider programme of simplification of Community legislation in relation to food. It gathers together in one place the animal health requirements contained in a number of other Council Directives (the public health requirements of those Directives continue to apply until 1st January 2006.) A regulatory impact assessment has not been prepared for these Regulations. Notes: [1] S.I. 1972/1811.back [4] OJ No. L326, 11.12.01, p. 44, as last amended by Commission Decision 2004/608/EC (OJ No. L274, 24.8.2004, p. 15).back [5] OJ No. L69, 13.3.2003, p. 31.back [6] OJ No. L302, 19.10.92, p. 1, as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p. 33) ("the Act of Accession").back [8] OJ No. L62, 15.3.93, p. 49, as last amended by Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60).back [9] OJ No. L24, 30.1.98, p. 9, as last amended by the Act of Accession.back [10] OJ No. L46, 19.2.91, p. 1, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1).back [11] OJ No. L268, 24.9.91, p. 1, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1).back [12] OJ No. L268, 24.9.91, p. 15, as last amended by the Act of Accession.back [13] OJ No. L121, 8.5.2002, p. 6, as read with Commission Regulations (EC) No. 136/2004 (OJ No. L21, 28.1.2004, p. 11) and (EC) No. 745/2004 (OJ No. L122, 26.4.2004, p. 1).back [14] OJ No. L273, 10.10.2002, p. 1, as last amended by Commission Regulation (EC) No. 668/2004 (OJ No. L112, 19.4.2004, p. 1), and as read with Commission Regulations (EC) No. 811/2003, 812/2003 and 813/2003 (OJ No. L117, 13.5.2003, p. 14, p. 19 and p. 22), Commission Decisions 2003/320/EC, 2003/321/EC, 2003/326/EC and 2003/327/EC (OJ No. L117, 13.5.2003, p. 24, p. 30, p. 42 and p. 44) and Commission Regulation (EC) No. 780/2004 (OJ No. L123, 27.4.2004, p. 64).back [15] OJ No. L21, 28.1.2004, p. 11.back [16] S.I. 1995/539, as amended by S.I. 1995/731, 1763, 2148, 2200, 3124, 3189, 1996/1148, 2235, 1997/1729, 2074, 2000/225, 656, 2215, 2001/1512, 1739, 1771, 2601, 3451, 3861, 2002/118 and 889.back [17] S.I. 1995/540, as amended by S.I. 1995/1763, 2148, 2200, 3205, 1997/1729, 2000/225, 656, 2215, 2001/3399 and 2002/889.back [18] S.I. 1995/2148, as amended by S.I. 1995/3205 and 2000/656.back [19] S.I. 1994/3082, as amended by S.I. 1995/539, 1763, 2200, 3205, 1996/1499, 1999/683, 2000/225, 656, 790, 2215 and 2002/118.back [20] S.I. 1995/3205, as amended by S.I. 1996/3124, 2000/225, 656, 2215, 2001/1512, 1739, 1771, 2601, 3451 and 2002/118.back [21] OJ No. L306, 23.11.2001, p. 28.back [22] S.I. 1995/1086, as amended by S.I. 1995/1763, 1996/1499, 1699, 1997/1729, 1998/2424, 2000/656 and 2002/1227.back [26] OJ No. L224, 18.8.90, p. 1, as last amended by Commission Regulation (EC) No. 1646/2004 (OJ No. L296, 21.9.2004, p. 5).back [27] OJ No. L125, 23.5.96, p. 10, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.03, p. 1).back [28] OJ No. L253, 11.10.93, p. 1, as last amended by Commission Regulation (EC) No. 2286/2003 (OJ No. L343, 31.12.2003, p. 1).back [29] OJ No. L378, 31.12.82, p. 58, as last amended by Commission Decision 2004/216/EC (OJ No. L67, 5.3.2004, p. 27).back [30] S.I. 1980/12, as amended by S.I. 1984/1326, 1990/2371, and 1994/2920.back [31] S.I. 1980/14, as amended by S.I. 1982/948, 1990/2371, 1994/2920 and 1994/3142, and as read with S.I. 1997/322.back [32] S.I. 1984/1325, as amended by S.I. 1993/1966.back [33] S.I. 1984/1918, as amended by S.I. 1990/2371, 1997/2537 and 2000/656.back
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