Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2002

Council Directive 72/461/EEC on health problems affecting intra-Community trade in fresh meat (O.J. No. L302, 31.12.72, p. 24) as last amended by Council Directive 92/118/EEC (O.J. No. L62, 15.3.93, p. 49).

4

Council Directive 77/99/EEC on health problems affecting intra-Community trade in meat products (O.J. No. L26, 31.1.77, p. 85) as amended and updated by Council Directive 92/5/EEC (O.J. No. L57, 2.3.92, p. 1) and last amended by Council Directive 97/76/EC (O.J. No. L10, 16.1.98, p. 25).

5

Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products (O.J. No. L47, 21.2.1980, p. 4) as last amended by Council Directive 91/687/EEC (O.J. No. L377, 31.12.91, p. 16).

6

Council Directive 89/437/EEC on hygiene and health problems affecting the production and the placing on the market of egg products (O.J. No. L212, 22.7.1989, p. 87) as last amended by Council Directive 96/23/EC (O.J. No. L125, 25.5.96, p. 10).

7

Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (O.J. No. L224, 18.8.90, p. 29) as last amended by Council Directive 92/118/EEC (O.J. No. L62, 15.3.93, p. 49). The relevant products covered are waste (pathogens) and hatching eggs.

8

Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (O.J. No. L46, 19.2.1991, p. 1) as last amended by Council Directive 98/45/EC (O.J. No. L189, 3.7.98, p. 12).

9

Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs (O.J. No. L268, 24.9.1991, p. 1) as last amended by Commission Decision 2002/226/EC (O.J. No. L75, 16.3.02, p. 65).

10

Council Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products (O.J. No. L268, 24.9.1991, p. 15) as last amended by Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 31).

11

Council Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (O.J. No. L268, 24.9.1991, p. 35) as last amended by Council Directive 99/89/EC (O.J. No. L300, 23.11.99, p. 17).

12

Council Directive 91/495/EEC concerning public health problems affecting the production and the placing on the market of rabbit meat and farmed game meat (O.J. No. L268, 24.9.1991, p. 41) as last amended by Council Directive 94/65/EC (O.J. No. L368, 31.12.94, p. 10).

13

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 wild game meat (O.J. No. L268, 14.9.1992, p. 35) as last amended by Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 31).

14

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 (O.J. No. L268, 14.9.1992, p. 1) as last amended by Council Directive 94/71/EC (O.J. No. L368, 31.12.94, p. 33).

15

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 Decision 2001/7/EC (O.J. No. L2, 5.1.2001, p. 27). The principal products covered are –

• (1) Milk, milk products and colostrum not intended for human consumption

• (2) Animal casings

• (3) Certain hides and skins of ungulates

• (4) Pet food containing low risk materials

• (5) Bones and bone products, horns and horn products, hooves and hoof products

• (6) Processed animal protein

• (7) Blood and blood products of ungulates and poultry

• (8) Serum from equidae

• (9) Lard and rendered fats

• (10) Raw material for the manufacture of animal feedingstuffs and pharmaceutical or technical products

• (11) Rabbit meat and farmed game meat

• (12) Apiculture products

• (13) Game trophies

• (14) Manure

• (15) Unprocessed wool, hair, bristles, feathers and parts of feathers

• (16) Imports from third countries of meat products obtained from poultrymeat, farmed game meat, wild game meat and rabbit meat

• (17) Snails intended for human consumption

• (18) Frogs' legs intended for human consumption

• (19) Eggs

• (20) Gelatine intended for human consumption

• (21) Honey

• (22) Meat of species not covered by specific requirements, including reptile meat and products thereof, intended for human consumption.

16

Council Directive 94/65/EC laying down the requirements for the placing on the market of minced meat and meat preparations (O.J. No. L368, 31.12.94, p. 10).

17

Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep frozen semen of domestic animals of the bovine species (O.J. No. L194, 22.7.88, p. 10) as last amended by Council Directive 93/60/EEC (O.J. No. L186, 28.7.93, p. 28).

18

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 (O.J. No. L302, 19.10.89, p. 1) as last amended by Commission Decision 94/113/EC (O.J. No. L53, 24.2.94, p. 23).

19

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 (O.J. No. L224, 18.8.90, p. 62) as last amended by Commission Decision 2000/39/EC (O.J. No. L13, 19.1.2000, p. 21).

SCHEDULE 4 — EQUIVALENCE DECISIONS

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 (O.J. No. L71, 18.3.1999, p. 1).

2

Council Decision 98/250/EC on the conclusion of a Protocol concerning sanitary, phytosanitary and animal welfare measures in relation to trade to the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (O.J. No. L106, 6.4.98, p. 1).

3

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 (O.J. No. L57, 26.2.97, p. 4) as last amended by Council Decision 1999/837/EC (O.J. No. L332, 23.12.99, p. 1).

SCHEDULE 5 — CALCULATION OF CHARGES FOR VETERINARY CHECKS

PART I — costs covered by the charges

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 –

• (1) the proportion properly attributable to those veterinary checks of the cost of any items listed in paragraph 2 which relate partly to those veterinary checks; and

• (2) the full cost of any items listed in paragraph 2 which relate wholly to those veterinary checks.

2

The items referred to in paragraph (1) are the following: –

• (1) the salaries and fees, together with overtime payments and employers' national insurance and superannuation contributions, of all staff directly involved in carrying out veterinary checks and of all staff engaged in the management or administration of veterinary checks at the border inspection post;

• (2) recruitment and training of the staff referred to in sub-paragraph (1);

• (3) travel and related incidental expenses incurred in carrying out the veterinary checks, except where incurred by a person attending his normal place of work;

• (4) 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;

• (5) protective clothing and equipment used in carrying out the veterinary checks;

• (6) laundering the protective clothing referred to in sub-paragraph 5;

• (7) sampling, and testing and analysing samples (except sampling and testing for the presence of salmonella);

• (8) routine invoicing and collection of charges for veterinary checks at the border inspection posts; and

• (9) providing payroll and personnel services in connection with the employment of staff carrying out veterinary checks at the border inspection post.

PART II — consignments from specified third countries

The charge for veterinary checks carried out on a consignment introduced into the customs territory of the Community from a third country listed in column 1 of the following table shall be the amount specified in column 3 of that table: –

(1)	(2)	(3)
Third Country	Product	Amount of charge
* Where the actual cost of the veterinary checks on a consignment exceeds 350 euro, the amount of the charge shall be the actual costs.	* Where the actual cost of the veterinary checks on a consignment exceeds 350 euro, the amount of the charge shall be the actual costs.	* Where the actual cost of the veterinary checks on a consignment exceeds 350 euro, the amount of the charge shall be the actual costs.
The Czech Republic	All products except Fish	3 euro for each tonne of the consignment subject to a minimum of 30 euro and a maximum of 350 euro[^f01003]
	Fish	50% of the charge calculated in accordance with Part IV of this Schedule
New Zealand	All products	1.5 euro for each tonne of the consignment, subject to a minimum of 30 euro and a maximum of 350 euro[^f01003]

PART III — meat and meat products

The charge for veterinary checks carried out on a consignment (other than a consignment to which Part II of this Schedule applies) covered by –

• (1) Chapter III of Council Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat (O.J. No. L55, 8.3.71, p. 23, as amended and updated by Council Directive 92/116/EEC, O.J. No. L62, 15.3.93, p. 1 and last amended by Council Directive 97/79/EC, O.J. No. L24, 30.1.98, p. 31),

• (2) 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 (O.J. No. L302, 31.12.72, p. 28, as last amended by Council Regulation (EC) No. 1452/2001, O.J. No. L198, 21.7.2001, p. 11),

• (3) 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 (O.J. No. L268, 14.9.92, p. 35 as last amended by Council Directive 97/79/EC, O.J. No. L24, 30.1.98, p. 31), or

• (4) Chapter 11 of Annex I to 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 Decision 2001/7/EC (O.J. No. L2, 5.1.2001, p. 27) shall be –

• (i) 30 euro,

• (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.

PART IV — fishery products

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 (O.J. No. L268, 24.9.91, p. 15, as last amended by Council Directive 97/79/EC, O.J. No. L24, 30.1.98, p. 31), other than a consignment to which Part II of this Schedule applies, shall be –

• (i) 30 euro,

• (ii) 5 euro per tonne of the consignment for the first 100 tonnes plus –

• (a) 1.5 euro per additional tonne if the consignment has undergone no preparation other than gutting; or

• (b) 2.5 euro per additional tonne in other cases;

or

• (iii) the actual costs of the veterinary checks carried out on the consignment,

whichever is the greatest.

PART V — all other products

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.

SCHEDULE 6 — OFFENCE PROVISIONS

PART I — provisions where due diligence defence is available

Regulations –

• 15 (Prohibition of non-conforming products)

• 16 (Introduction of products at border inspection posts)

• 17 (Advance notice of introduction or presentation)

• 18(1) and (2) (Presentation of products at border inspection posts)

• 20(1) (Certificate of veterinary clearance to accompany consignment)

• 29(2) (Disposal of unused catering supplies)

• 33(3) and (4) (Products transported under supervision)

• 34(2), (4) and (5) (Transhipment of products intended for import)

• 36 (Prior authorisation of transit)

• 38(2)(a) and (c) (Movement of transit products)

• 41(1) (Additional information for products intended for warehouses)

• 47(3) (Movement of returned products)

PART II — provisions where due diligence defence is not available

Regulations –

• 18(3) and (4) (presentation of documents with products)

• 19 (Veterinary checks)

• 20(2) (Retention of certificate of veterinary clearance)

• 21(4) (Storage of products which fail veterinary checks)

• 23(5) (Products containing unauthorised substances and excess residues)

• 26(3) (Serious or repeated infringements)

• 27 (Invalidation of veterinary documents)

• 30 (Retention of documents at border inspection posts)

• 31 (Evidence of certification of, and payment for, veterinary checks)

• 32 (Products not intended for the United Kingdom)

• 33(2) (Removal of products transported under supervision)

• 33(5) and (6) (Products transported under supervision)

• 34(3), (6) and (7) (Veterinary checks on transhipped products)

• 37 (Physical check of transit products)

• 38(1), (2)(b) and (3) (Movement of transit products)

• 39 (Disposal of returned transit products)

• 42 (Physical check of non-conforming products)

• 43 (Exclusion of non-conforming products from warehouses)

• 45 (Additional documentation for returned products)

• 46 (Physical check of returned products)

• 47(1), (2), (4) and (5) (Movement of returned products)

• 54(4) and (5) (Disease outbreaks in third countries)

• 55(1) (Obstruction)

SCHEDULE 7 — DISAPPLICATION OF PROVISIONS

Title	Reference	Extent
Imported Food Regulations (Northern Ireland) 1991	S.R. 1991 No. 475, as amended by S.R. 1997 No. 499 and S.R. 2000 No. 78	The whole Regulations
Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998	S.R. 1998 No. 45, as amended by S.R. 1998 No. 163, S.R. 1998 No. 207, S.R. 2000 No. 78, No. 191, and S.R. 2001 No. 242	Regulations 3 to 7, 18 to 38, 39(1), Schedule 4 and Part I of Schedule 8
Fresh Meat (Import Conditions) Regulations (Northern Ireland) 1997	S.R. 1997 No. 218	Regulation 16(3)
Miscellaneous Products of Animal Origin (Import Conditions) Regulations (Northern Ireland) 1999	S.R. 1999 No. 189	Regulation 4

SCHEDULE 8 — CONSEQUENTIAL AMENDMENTS

1

The Dairy Products (Hygiene) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 201 as amended by S.R. 1995 No. 360, 1996 No. 287, 1996 No. 383, 1998 No. 237, 1998 No. 359, and 2000 No. 78)

• (1) In regulation 2 (interpretation) –

• (a) in paragraph (1) the definition of “Commission Decision 95/340” shall be omitted; and

• (b) in paragraph (2) for the words “Decisions 95/165 and 95/340”, there shall be substituted the words “Decision 95/165”.

• (2) For regulation 22 (imports from third countries and EEA states), there shall be substituted the following regulation –

(22) A person shall not import into Northern Ireland for sale for human consumption from a third country – (a) any drinking milk which is raw cow’s milk, or (b) any thermised cow’s milk.

2

The Fresh Meat (Import Conditions) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 218)

• (1) In paragraph (1) of regulation 2 (interpretation) for the definition of “border inspection post” there shall be substituted the following definition –

• “border inspection post” has the meaning given by Article 2(2)(g) of Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries[^f00027];

3

The Imported Food Regulations (Northern Ireland) 1997 (S.R. 1997 No. 499)

Signed

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 7th November 2002.

L. G. McKibben — A senior officer of the — Department of Agriculture and Rural Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations implement for Northern Ireland Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (O.J. No. L24, 30.1.98, p. 9). The Directive applies to products of animal origin – 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. When read with Annex I to the Agreement on the European Economic Area (O.J. No. L1, 3.1.94, p. 3, as amended) the Directive requires that products of animal origin which enter the European Economic Area must undergo specified veterinary checks at border inspection posts to ensure that they comply with requirements laid down by Community legislation for the protection of animal and public health.

The products to which the Regulations apply are defined in regulation 2(1) and Schedule 3 and the requirements with which they must comply are listed, by reference to the relevant Community legislation, in Schedule 2. Small quantities of products intended for personal use, and trade samples and products intended for exhibition or study or analysis are exempt from all but a few of the Regulations (regulation 3).

Regulation 4 defines the authorities who will enforce the Regulations. The Regulations make provision for their execution and enforcement by the Department of Agriculture and Rural Development, the Food Standards Agency and district councils.

Part III establishes the inspection system which will apply to the generality of products. The introduction into Northern Ireland of products which do not comply with the Schedule 2 requirements is prohibited, unless they are being transported across Northern Ireland (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 IV to VIII 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 Northern Ireland, products intended for warehousing under particular customs regimes, and products exported from the Community and then returned to it).

Part IX deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part X confers on the Department and the Food Standards Agency power to prohibit the introduction of products into Northern Ireland from non-EEA countries in which there is an outbreak of animal disease; Part XI establishes offences and penalties; and Part XII deals with the form of notices and with notification of decisions.

The provisions of the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 45, as amended) which apply to products imported from third countries are disapplied (regulation 61(2)).

Footnotes

[^f00001]: S.I. 2000/2812

[^f00002]: 1972 c. 68

[^f00003]: S.R. 2002 No. 209

[^f00004]: O.J. No. L1, 3.1.94, p. 3

[^f00005]: O.J. No. L302, 19.10.92, p. 1, as last amended by Regulation (EC) No. 2700/2000 of the European Parliament and of the Council (O.J. No. L311, 12.3.2000, p. 17)

[^f00006]: O.J. No. L9, 15.1.93, p. 33 as last amended by Commission Decision 96/32/EC (O.J. No. L9, 12.1.1996, p. 9)

[^f00007]: O.J. No. L62, 15.3.93, p. 49 as last amended by Commission Decision 2001/7/EC (O.J. No. L2, 5.1.2001, p. 27)

[^f00008]: O.J. No. L24, 30.1.98, p. 9

[^f00009]: O.J. No. L46, 19.2.91, p. 1, as last amended by Council Directive 98/45/EC (O.J. No. L189, 3.7.98, p. 12)

[^f00010]: O.J. No. L268, 24.9.91, p.1, as last amended by Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 31)

[^f00011]: O.J. No. L268, 24.9.91, p. 15, as last amended by Council Directive 97/79/EC (O.J. No. L24, 30.1.98, p. 31)

[^f00012]: 1954 c. 33 (N.I.)

[^f00013]: S.R. 1997 No. 493 as amended by S.R. 1998 No. 237, S.R. 2000 No. 78, S.R. 2000 No. 191, S.R. 2000 No. 287 and S.R. 2002 No. 217

[^f00014]: S.R. 1995 No. 396 as amended by S.R. 1997 No. 496, S.R. 1998 No. 237, S.R. 2000 No. 78, S.R. 2000 No. 191 and S.R. 2002 No. 217

[^f00015]: S.R. 1997 No. 496 as amended by S.R. 2000 No. 78

[^f00016]: S.R. 1997 No. 494 as amended by S.R. 1999 No. 193, S.R. 2000 No. 78, S.R. 2000 No. 191 and S.R. 2000 No. 287

[^f00017]: S.R. 1997 No. 495 as amended by S.R. 2000 No. 191 and S.R. 2000 No. 287

[^f00018]: O.J. No. L306, 23.11.2001, p. 28

[^f00019]: S.R. 1995 No. 201 as amended by S.R. 1995 No. 360, S.R. 1996 No. 287, S.R. 1996 No. 383, S.R. 1998 No. 237, S.R. 1998 No. 359 and S.R. 2000 No. 78

[^f00020]: S.I. 1981/1675 (N.I. 26)

[^f00021]: O.J. No. L224, 18.8.90, p. 1, as amended by Commission Regulation (EC) No. 77/2002 (O.J. No. L16, 18.1.2002, p. 9)

[^f00022]: O.J. No. L125, 23.5.96, p. 10

[^f00023]: O.J. No. L253, 11.10.93, p. 1 as last amended by Commission Regulation (EC) No. 444/2002 (O.J. No. L68, 12.3.2002, p. 11)

[^f00024]: O.J. No. L378, 31.12.82, p. 58 as last amended by Commission Decision 2000/556/EC (O.J. No. L235, 19.9.2000, p. 27)

[^f00025]: S.R. 1985 No. 161 as amended by S.R. 1995 No. 315

[^f00026]: S.R. 2002 No. 226

[^f00027]: O.J. No. L24, 30.1.98, p. 9

[^f00028]: O.J. No. L62, 15.3.93, p. 49, as last amended by Commission Decision 2001/7/EC (O.J. No. L2, 5.1.2001, p. 27)