Statutory Instrument 1997 No. 3023

      The Products of Animal Origin (Import and Export) (Amendment) Regulations 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS


1997 No. 3023

AGRICULTURE

The Products of Animal Origin (Import and Export) (Amendment) Regulations 1997

  Made 11th December 1997 
  Laid before Parliament 18th December 1997 
  Coming into force 1st January 1998 

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,

    (a) for the term "Decision 95/357" there shall be substituted the following - 

    (b) after the definition of the term "Decision 97/778" there shall be inserted the following - 

      " "Directive 71/118" means Council Directive 71/118/EEC on health problems affecting trade in fresh poultry meat[5], as read in accordance with Schedule 1;

      "Directive 72/462" means Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries[6], as read in accordance with Schedule 1;";

    (c) after the definition of the term "Directive 90/675" there shall be inserted the following - 

      " "Directive 91/493" means Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products[7], as read in accordance with Schedule 1;

      "Directive 92/45" means 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[8], as read in accordance with Schedule 1;"; and

    (d) after the definition of "local authority" there shall be inserted the following - 

      " "the New Zealand Equivalence Agreement" means the Agreement and Annexes attached to Council Decision 97/132/EC[9] on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products;".

    (2) For the term "Decision 95/357" in - 

    (a) the definition of "border inspection post" in regulation 1(2) of, and

    (b) in regulation 20(2) of,

the principal Regulations, there shall be substituted the term "Decision 97/778".

     4. In regulation 6 (enforcement powers) of the principal Regulations - 

     5. For regulation 30 (calculation of charge) of the principal Regulations there shall be substituted the following - 

     6. After regulation 30 there shall be inserted - 

     7. In Schedule 1 to the principal Regulations,

     8. For Schedule 4 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

    
9. After Schedule 4 to the principal Regulations there shall be inserted the Schedules set out in Schedule 2 to these Regulations.


Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food

11th December 1997


Sewel
Parliamentary Under Secretary of State, Scottish Office

11th December 1997



SCHEDULE 1
Regulation 8





SCHEDULE 2
Regulation 9






EXPLANATORY NOTE

(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

[2] 1972 c. 68.back

[3] S.I. 1996/3124.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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