Office of Public Sector Information
68.—(1) Any notice served under these Regulations by the National Assembly, the Agency, an official veterinary surgeon, an official fish inspector or an authorised officer may be served on a person by—
(a) delivering it to that person;
(b) leaving it at his or her proper address; or
(c) posting it to his or her proper address.
(2) Any such notice which is to be served on a body corporate or an unincorporated association other than a partnership must be duly served on the secretary or clerk or other similar officer of that body.
(3) Any such notice which is to be served on a partnership (including a Scottish partnership) must be duly served on a partner or a person having the control or management of the partnership business.
(4) Subject to paragraphs (5) and (6), for the purposes of this regulation, the proper address of any person on whom a notice is to be served is his or her last known address, except that the proper address is—
(a) in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;
(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) is its principal office within the United Kingdom.
(6) If the person to be served with any such notice has furnished the person by whom the notice is to be served with an address under any provision of these Regulations, that address must be treated as his or her proper address for the purposes of this regulation.
(7) For the purposes of this regulation, “posting” (“postio”), in relation to a notice, means sending it pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver documents by post outside the United Kingdom within such period as is reasonable in all the circumstances.
69. Where, under any provision of these Regulations, a decision is taken in relation to a product or consignment, the person taking the decision must notify the person responsible for the product or consignment in writing of the decision and the reasons for it, together with details of his or her right of appeal against the decision including the procedure and time limits applicable.
70.—(1) The Importation of Embryos, Ova and Semen Order 1980(27) does 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(28) does not apply to products to which these Regulations apply, except the products referred to in regulation 4(7) of these Regulations.
(3) The following do not apply to products to which these Regulations apply—
(a) the Importation of Bovine Semen Regulations 1984(29); and
(b) the Importation of Processed Animal Protein Order 1981(30).
71. The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005(31) are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(32)
D. Elis-Thomas
Ben Bradshaw
The Presiding Officer of the National Assembly
13 February 2007
Regulations 2, 4(7), 21, 36, and 37
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. 1451/2006 (OJ No. L271, 30.9.2006, p.37).
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 Regulation (EC) No. 882/2004 of the European Parliament and of the Council (see Corrigendum OJ No. L191, 28.5.2004, p. 1).
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. 199/2006, (OJ No. L32, 4.2.2006, p. 34).
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) as last amended by Commission Decision 2006/208/EC (OJ No. L75, 14.3.2006, p. 20).
5. Commission Decision 2005/34/EC laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries (OJ No. L16, 20.1.2005, p. 61).
6. 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.) 1041/2006 (OJ No. L187, 8.7.2006, p. 10).
7. 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 2004/784/EC (OJ No. L346, 23.11.2004, p. 11).
8. 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) as last amended by Council Regulation (EC) No. 882/2004 (OJ No. L191, 28.5.2004, p. 1).
9. Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ No. L31, 1.2.2002, p. 1).
10. Council Regulation (EC) No. 183/2005 (laying down requirements for feed hygiene (OJ No. L35, 8.2.2005, p. 1).
11. Council Regulation (EC) No. 396/2005 on maximum levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ No. L70, 16.3.2005, p. 1) as amended by Regulation (EC) No 178/2006 (OJ No. L29, 2.2.2006, p. 3).
12. Regulation (EC) No. 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin (OJ No. L139, 30.4.2004, p. 55) as last amended by Regulation 2076/2005 (OJ No. L338, 22.12.2005, p. 83).
13. Regulation (EC) No. 854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption (OJ No. L139, 30.4.2004, p. 206) as last amended by Regulation (EC) 2076/2005 (OJ No. L338, 22.12.2005, p. 83).
14. Regulation (EC) No. 882/2004 of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No. L191, 28.5.2004, p. 1).
15. Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs (OJ No. L338, 22.12.2005, p. 1).
16. Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2005 of the European Parliament and of the Council and Regulation 882/2004 of the European Parliament and of the Council, derogating from Regulation 852/2004 of the European Parliament and of the Council and amending Regulations (EC) 853/2004 and (EC) 854/2004 (OJ No. L338, 22.12.2005, p. 27).
17. Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat (OJ No. L338, 22.12.2005, p. 60).
18. Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ No. L338, 22.12.2005, p. 83).
The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007