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The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers 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, acting jointly, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations: Title and commencement 1. These Regulations may be cited as the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 and shall come into force on 1st January 1998. Interpretation 2. In these Regulations "the principal Regulations" means the Products of Animal Origin (Import and Export) Regulations 1996[3]. Amendment of the principal Regulations 3. - (1) In regulation 1(2) of the principal Regulations,
(2) For the term "Decision 95/357" in -
(b) in regulation 20(2) of,
the principal Regulations, there shall be substituted the term "Decision 97/778".
(b) after paragraph (5) there shall be added -
5.
For regulation 30 (calculation of charge) of the principal Regulations there shall be substituted the following -
(b) in relation to any import of any product of animal origin which is not covered by sub-paragraph (c) to (e) below, must cover the factors specified in paragraph 1 of Schedule 4, read with paragraphs 2 and 3 of that Schedule; (c) in relation to any import of meat -
(bb) Directive 72/462 (fresh meat), (cc) Directive 92/45, Chapter III (wild game meat), or (dd) Directive 92/118, Chapter 11 of Annex I (rabbit meat and farmed game meat), and
(ii) which is imported from a third country which is not covered by sub-paragraph (e) below,
shall be calculated in accordance with Schedule 4A;
(ii) which are imported from a third country which is not covered by sub-paragraph (e) below,
shall be calculated in accordance with Schedule 4B; and
6.
After regulation 30 there shall be inserted -
30A. - (1) In Schedules 4A, B and C (charges applicable under regulation 30), the term "ECU" means European Currency Unit, and any reference in those Schedules to a specified number of ECU shall be taken as a reference to the sterling equivalent of that number of ECU, converted in accordance with paragraph (2) below. (2) The sterling equivalent of any amount expressed in Schedules 4A, B or C as a number of ECU shall be calculated as follows -
(b) from 1st January 1999, the rate for each subsequent year to 31st December shall be that which is normally published annually on the first working day of the preceding September in the C series of the Official Journal of the European Communities.".
7.
In Schedule 1 to the principal Regulations,
1. Directive 71/118 has been amended by, and must be read subject to: Council Directive 92/116/EEC (OJ No. L062, 15.3.93, p. 1); Council Directive 94/65/EC (OJ No. L368, 31.12.94, p. 10); Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1). Directive 72/462 1A. Directive 72/462 has been amended by, and must be read subject to: Council Directive 77/98/EEC (OJ No. L26, 31.1.77, p. 81); Council Directive 83/91/EEC (OJ No. L59, 5.3.83, p. 34); Council Directive 87/64/EEC (OJ No. L34, 5.2.87, p. 52); Council Directive 88/289/EEC (OJ No. L124, 18.5.88, p. 1); Council Directive 88/657/EEC (OJ No. L382, 31.12.88, p. 3); Council Directive 89/227/EEC (OJ No. L93, 6.4.89, p. 25); Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p. 13); Council Directive 90/423/EEC (OJ No. L224, 18.8.90, p. 13); Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29); Council Directive 90/675/EEC (OJ No. L373, 31.12.90, p. 1); Council Directive 91/69/EEC (OJ No. L46, 19.2.91, p. 37); Council Directive 91/266/EEC (OJ No. L134, 29.5.91, p. 45); Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56); Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p. 69); Council Regulation (EEC) No. 3763/91 (OJ No. L356, 24.12.91, p. 1); Council Directive 91/688/EEC (OJ No. L377, 31.12.91, p. 18); Council Regulation (EEC) No. 1601/92 (OJ No. L173, 27.6.92, p. 13); Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1); Council Directive 96/91/EC (OJ No. L13 16.1.97 p. 27). Directive 82/894 1B. Directive 82/894 has been amended by, and must be read subject to: Council Regulation (EEC) No. 3768/85 (OJ No. L362, 31.12.85, p. 8); Commission Decision 89/162/EEC (OJ No. L61, 4.3.89, p. 48); Commission Decision 90/134/EEC (OJ No. L76, 22.3.90, p. 23); Commission Decision 92/450/EEC (OJ No. L248, 28.8.92, p. 77); Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1).";
4A. Directive 91/493 has been amended by, and must be read subject to: Council Directive 95/71/EC (OJ No. L332, 30.12.95, p. 40); Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1). Directive 92/45 4B. Directive 92/45 has been amended by, and must be read subject to: Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p. 1); Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1);" and
5. Decision 97/778 has been amended by, and must be read subject to: Commission Decision 97/779 (OJ No. L315, 19.11.97, p. 28).".
8.
For Schedule 4 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations. 1. The factors to be taken into account are:
(b) the costs of any in-service training of authorised officers; (c) any travelling costs and related incidental expenses incurred in carrying out a check except those incurred by a person attending his normal place of work; (d) the cost of office accommodation, equipment and services for staff involved in carrying out checks under these Regulations, including depreciation of any office furniture and equipment and also including the cost of information technology, stationery and forms; (e) the cost of protective clothing and equipment used in carrying out the checks; (f) the costs of laundering protective clothing; (g) sampling and analysis costs, excluding those relating to testing for the presence of salmonella, carried out as part of the inspection; and (h) the routine administrative costs of accounting and collecting charges and of providing pay-roll and personnel services in connection with the employment of staff carrying out the checks.
2.
Where any of the above factors relate only partly to the checks carried out, only the appropriate percentage of the costs shall be charged under these Regulations.
1. The charge for each consignment shall be calculated on the basis of ECU 5 per tonne (including bone, if on the bone) or, if the actual cost of the inspection is higher, the charge shall be the actual cost of the inspection. 2. The actual cost of the inspection shall be calculated by aggregating the cost of the factors specified in Schedule 4. 3. There shall be a minimum inspection charge of ECU 30 per consignment. 4. For the purposes of this Schedule, a "consignment" means a quantity of products of the same type, covered by the same veterinary certificate or document, conveyed by the same means of transport and coming from the same third country or part of such country. 1. The charge for each consignment shall be -
(ii) ECU 2.5 in any other case;
or
2.
The actual cost of the inspection shall be calculated by aggregating the cost of the factors specified in Schedule 4.
(This note is not part of the Regulations) These Regulations amend the Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124) (the principal Regulations), which implement the Community's veterinary checks regime for products of animal origin. These Regulations implement EC requirements on standard rates of charge for veterinary inspections of imports of products of animal origin from third countries. In relation to imports of specified meat and fishery products from third countries other than New Zealand, these Regulations implement the standard minimum charges which are specified in Annex A, Chapter II and Chapter III, section 2 of Council Directive 96/43/EC amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls of live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC (OJ No. L162, 1.7.96, p.1) (see regulation 5(c) and (d) and Schedule 2). In relation to imports of products of animal origin from New Zealand, these Regulations implement the standard minimum charges which are specified in Annex VIII B II of the New Zealand Equivalence Agreement (defined in regulation 3(1)(d)) (see regulation 5(e) and Schedule 2). These Regulations also modify Schedule 4 to the principal Regulations (cost factors to be taken into account) in relation to charges other than those described above (see regulation 5(a) and (b) and Schedule 1). The charges in new Schedules 4A, B and C are in European Currency Units, which are to be converted into sterling using a specified formula (see regulation 6). To enable representatives of the New Zealand authorities to act under the Equivalence Agreement, the powers of authorised officers in regulation 6 of the principal Regulations have been amended (see regulation 4). These Regulations also make some minor and consequential amendments to the principal Regulations (see regulations 3 and 7). A Regulatory Appraisal in relation to these Regulations has been placed in the libraries of both Houses of Parliament, and copies can be obtained from the International Trade Unit (Animal Products) of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF. Notes: [1] S.I. 1972/1811.back [4] OJ No. L315, 19.11.97, p.15.back [5] OJ No. L55, 8.3.71, p.23.back [6] OJ No. L302, 31.12.72, p.28.back [7] OJ No. L268, 24.9.91, p.15.back [8] OJ No. L268, 14.9.92, p.35.back [9] OJ No. L57, 26.2.97, p.4, articles 10 and 11 of which are applied on a provisional basis by the exchange of letters attached to Council Decision 97/131/EC (OJ No. L57, 26.2.97, p.1).back [10] under article 7 of Council Directive 85/73/EEC (as amended and consolidated by Council Directive 96/43/EC (OJ No. L162, 1.7.96, p.1)), for the year 1998 the rate of conversion into national currencies of the ECU is the average of the conversion rates published on the first working day of September in the C series of the Official Journal of the European Communities for the preceding three years. This is the rate for sterling calculated in that way.back
ISBN 0 11 065365 3
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