| Statutory Instruments 1999 No. The Bovine and Bovine Products (Trade) Regulations 1999 - continued |
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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 that section, hereby make the following Regulations:-
(b) in relation to any-
(ii) ECHS goods prepared in Great Britain,
means a mark conforming with Schedule 5 below; or
(ii) are mixed with any DBES goods or ECHS goods,
means a mark conforming with Schedule 5 below or two marks, one conforming with Schedule 4 below and one conforming with Schedule 5 below;
(ii) are mixed with any DBES goods or ECHS goods,
means two marks, one conforming with Schedule 4 below and one conforming with Schedule 5 below; and
(b) a peptide; (c) tallow; (d) a tallow product not within (e) below; or (e) a product, derived by saponification, transesterification or hydrolysis from tallow,
produced in the United Kingdom from any part of a bovine animal slaughtered in the United Kingdom which is liable to enter the human food or animal feed chain or is destined for use in cosmetics, medical or pharmaceutical products;
(b) originated in a herd which satisfies the conditions set out in paragraphs 2 to 5 of Annex II to the Council Decision;
(b) any goods containing a mixture of one or more of those types of goods and which contain no ingredient, other than those type of goods, derived from a bovine animal;
(b) product derived from tallow by saponification, transesterification or hydrolysis; or (c) amino acid, peptide or collagen,
which is liable to enter the human food or animal feed chain or is destined for use in cosmetics or medical or pharmaceutical products;
(b) any minced meat or meat preparation; (c) any meat product or other product of animal origin; or (d) food for domestic carnivores, derived from a bovine animal which was not slaughtered in the United Kingdom;
(b) a person appointed as such by a local authority in relation to its enforcement responsibilities under these Regulations;
(ii) as respects each London borough, district or non-metropolitan county, the council of that borough, district or county; (iii) where there is a Port Health Authority, that authority in addition to the authority specified in paragraphs (i) or (ii) above; (iv) as respects the City of London, the Common Council; and (v) as respects the Isles of Scilly, the Council of the Isles of Scilly;
(b) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[9]; and
(ii) where there is a Port Health Authority, that authority in addition to the authority specified in paragraph (i) above;
(b) production; (c) any form of processing or treatment; (d) packaging or re-packaging; (e) presenting, labelling, re-labelling, wrapping or re-wrapping; (f) storing at ambient or cold temperature, other than keeping in a sealed means of transport (or in any lockable chamber or lockable container for the purpose of being carried on a sealed means of transport) for any period when the goods are accompanied by an official certificate issued in accordance with the requirements of these Regulations in relation to the despatch of the goods from Great Britain; (g) handling; and (h) loading and unloading,
and "preparation" shall be construed accordingly;
(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Council Decision have the same meaning in these Regulations as in that Decision.
(b) meat meal, bonemeal or meat and bonemeal derived from any mammal; or (c) animal feed or fertiliser containing any meat meal, bonemeal or meat and bonemeal derived from any mammal.
(2) Nothing in paragraph (1) above shall prohibit the despatch, bringing or consignment of any food destined for domestic carnivores by reason only that such food contains meat meal, bonemeal or meat and bonemeal derived from any mammal, provided that those materials do not originate from the United Kingdom and each stage in the preparation of the food which took place in the United Kingdom took place at an establishment approved under regulation 12 below in accordance with the requirements of that approval.
(b) product derived from a bovine animal slaughtered in the United Kingdom which is liable to enter the human food or animal feed chain; or (c) material derived from a bovine animal slaughtered in the United Kingdom which is destined for use in cosmetics or medical or pharmaceutical products.
(2) The prohibitions in paragraph (1) above shall not apply in relation to any type of ECHS goods prepared in whole or in part in Northern Ireland in accordance with the requirements referred to in the Northern Ireland Regulations in respect of ECHS goods of that type if-
(b) in the case of fresh meat no health marks applied to the meat for the purposes of Council Directive 64/433/EEC have been removed and the goods are accompanied by an official certificate, issued by a veterinary inspector in respect of any stage of preparation of the goods in Great Britain or by a veterinary surgeon appointed by the Department in respect of any stage of preparation of the goods in Northern Ireland, which-
(ii) identifies the establishments in which they were prepared; (iii) bears the words "produced in accordance with Council Decision 98/256/EC"; and (iv) in the "identification of meat" section of the health certificate referred to in Annex IV to Council Directive 64/433/EEC, identifies all the labels affixed to the goods and the relevant numbers in the consignment ensuring traceability of each individual unit; and
(c) in the case of any minced meat, meat preparation, meat product or food for domestic carnivores, the goods are accompanied by an official certificate, issued by a veterinary inspector in respect of any stage of preparation of the goods in Great Britain or by a veterinary surgeon appointed by the Department in respect of any stage of preparation of the goods in Northern Ireland, which-
(ii) identifies the establishments in which they were prepared; and (iii) identifies all the labels affixed to the goods and the relevant numbers in the consignment ensuring traceability of each individual unit.
(3) The prohibitions in paragraph (1) above shall not apply in relation to any controlled bovine by-product produced in an establishment registered under regulation 7 below if-
(ii) the Commission has set the date referred to in Article 4(6) of the Council Decision in respect of that type of controlled bovine by-product and that date has passed; or
(b) in the case of a controlled bovine by-product of a type referred to in paragraphs (d) and (e) of the definition of controlled bovine by-products in regulation 2(1) above, the Commission has set the date referred to in Article 4(6) of the Council Decision in respect of tallow and that date has passed; and
the implementation of official controls has been inspected for the purpose of article 4(5) of the Council Decision.
(ii) in accordance with that regulation and the requirements of regulation 11 below;
(b) each stage of the preparation of the goods which took place in Great Britain took place-
(ii) under the supervision of a veterinary inspector;
(c) each stage of the preparation of the goods which took place in Northern Ireland took place-
(ii) under the supervision of a veterinary surgeon appointed by the Department;
(d) in the case of fresh meat it was obtained in accordance with article 6(2) of the Council Decision, no health marks applied to the meat for the purposes of Council Directive 64/433/EEC have been removed and the meat is accompanied by an official certificate issued by a veterinary inspector which-
(ii) identifies the establishments in which they were prepared; and (iii) bears the words "produced in accordance with Council Decision 98/256/EC" and, in the "identification of meat" section of the health certificate referred to in Annex IV to Council Directive 64/433/EEC, identifies all the labels affixed to the goods and the relevant numbers in the consignment ensuring traceability of each individual unit;
(e) in the case of any minced meat, meat preparation, meat product or food for domestic carnivores the goods were obtained in accordance with article 6(3) of the Council Decision and are accompanied by an official certificate issued by the veterinary surgeon who supervised their preparation which-
(ii) identifies the establishments in which they were prepared; and (iii) identifies all the labels affixed to the goods and the relevant numbers in the consignment ensuring traceability of each individual unit;
(f) the Commission has carried out the inspections referred to in article 6(5) of the Council Decision, has set the date referred to in that article and that date has passed; and
(5) The prohibitions in paragraph (1) above shall not apply in relation to any sample, derived from a bovine animal slaughtered in the United Kingdom and destined for use for the purpose of research into BSE and BSE diagnostic tests, despatched from the Veterinary Laboratory Agency Weybridge to an institute in a member State or third country approved by the competent authority of the member State or third country for the purpose of article 4(1)(c) of the Council Decision.
(ii) in the case of a stage of preparation taking place in Northern Ireland, in an establishment approved by the Department under the Northern Ireland Regulations in accordance with the requirements of those Regulations relating to that stage;
(b) each stage of the preparation of those goods which took place in the United Kingdom took place under the supervision of a veterinary inspector or in the case of a stage of preparation taking place in Northern Ireland, by a veterinary surgeon appointed by the Department;
(ii) stating that the conditions referred to in articles 9, 10, 11, 12 and 13 of the Council Decision are met in respect of the goods, identifying all establishments approved under regulation 12 below where they were obtained, processed, handled or stored and identifying all labels and the relevant numbers in the consignment ensuring traceability of each individual unit; and (iii) stating, in respect of any fresh meat, that the identity of all labels and the relevant numbers in the consignment ensuring traceability of each individual unit in respect of the meat has been stated in the "Identification of Meat" section of the certificate referred to in Annex IV to Council Directive 64/433/EEC in respect of the meat and that the words "produced in accordance with Council Decision 98/256/EC" have been added to that and any other certificate accompanying the meat;
(d) in respect of fresh meat no health marks applied to the meat for the purposes of Council Directive 64/433/EEC have been removed; and
(2) No person shall despatch from Great Britain to a member State or a third country, bring to any place in Great Britain for the purpose of such despatch or consign for the purpose of such despatch any foreign origin bovine by-product unless-
(b) in the case of a by-product referred to in paragraph (a) or (c) of the definition of foreign origin bovine by-products in regulation 2(1) above each stage of the preparation of the by-product took place under the supervision of a veterinary inspector or, in the case of a stage of preparation taking place in Northern Ireland, under the supervision of a veterinary surgeon appointed by the Department; (c) in the case of a by-product referred to in paragraph (b) of the definition of foreign origin bovine by-products in regulation 2(1) above each stage of the preparation of the by-product took place under the supervision of an inspector or, in the case of a stage of preparation taking place in Northern Ireland, under the supervision of a person appointed as such by the Department; and (d) there is a clear indication, either by means of a label affixed to the by-product or on its packaging-
(ii) that the by-product was produced in accordance with the Council Decision; and (iii) that the by-product is suitable for use in human food, animal feed, cosmetics or medical or pharmaceutical products.
Notes: [1] S.I. 1972/1811.back [3] OJ No. L315, 19.11.97, p. 15: as amended by Commission Decision 97/779/EC, OJ No. L315, 19.11.97, p. 28; Commission Decision 98/166/EC, OJ No. L62, 3.3.98, p. 29; and Commission Decision 98/510/EC, OJ No. L227, 14.8.98, p. 17.back [4] OJ No. L113, 15.4.98, p. 32.back [5] OJ No. L273, 9.10.98, p. 37.back [6] OJ No. L328, 4.12.98, p. 28.back [7] Council Directive 64/433/EEC has been amended and consolidated by Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p. 69) and amended by Council Directive 95/23/EC (OJ No. L243, 11.10.95, p. 7).back [10] 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), to which there are amendments not relevant to these Regulations.back [11] OJ No. L368, 31.12.94, p. 10.back [13] S.I. 1996/3124, amended by S.I. 1997/3023 and S.I. 1998/994. S.I. 1996/3124 has been applied by S.I. 1996/3125 to imports of fresh meat.back
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