Statutory Instruments 1999 No. 1872
The Feeding Stuffs (Establishments and intermediaries) Regulations 1999
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Definition of "intermediary" and related definitions
     4. In these Regulations, "intermediary" has the meaning given by Article 1.3 of Directive 95/69 and - 



PART II

APPROVAL OF ESTABLISHMENTS LOCATED IN THE UNITED KINGDOM

Applications for the approval of establishments
    
5.  - (1) An eligible person may apply to the competent body to approve an establishment as an establishment on which one or more of the following activities may be exercised - 

    (a) the manufacture of an additive of any kind referred to in the fourth to the ninth indents of Chapter I.1(a) of the Annex, with a view to putting it into circulation;

    (b) the manufacture of a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex, with a view to putting it into circulation;

    (c) the manufacture of a premixture, containing additives of any kind referred to in the fourth or fifth indent of Chapter I.2(a) of the Annex, but not containing a zootechnical additive, with a view to putting it into circulation;

    (d) the manufacture of a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of Directive 95/69, with a view to putting it into circulation; or

    (e) the production of a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of Directive 95/69, for the exclusive requirements of the applicant's holding.

    (2) An application made under paragraph (1) shall - 

    (a) be in writing,

    (b) be in the English language or, where the establishment in respect of which the application is made is situated wholly or partly in Wales, in either that language or the Welsh language,

    (c) be signed by or on behalf of the applicant,

    (d) contain the name (or business name) and address of the applicant,

    (e) identify the establishment in respect of which the application is made, and

    (f) identify the establishment activity which the applicant is exercising or, as the case may be, intends to exercise, on that establishment.

Approval of establishments
    
6.  - (1) Where an application complying with regulation 5(2) is made under paragraph (1) of that regulation, the competent body shall - 

    (2) Where the competent body is satisfied that the establishment meets the applicable conditions, the competent body shall - 

Amendment of approvals
    
7.  - (1) An eligible person may apply to the competent body to approve an approved establishment as an establishment on which an establishment activity ("the new establishment activity") may be exercised - 

    (2) An application made under paragraph (1) shall - 

    (3) Where an application complying with paragraph (2) is made under paragraph (1) - 

    (4) Where, pursuant to paragraph (3), the competent body approves an establishment, the competent body shall amend the register maintained by it under regulation 6(2)(b), to show all the establishment activities the exercise of which on that establishment is approved under regulation 6(2)(a) or under paragraph (3).

Withdrawal of approvals
    
8.  - (1) The competent body shall withdraw an approval for the exercise of an establishment activity on an approved establishment if the competent body is satisfied that the exercise of that activity on the establishment has ceased.

    (2) The competent body shall withdraw an approval for the exercise of an establishment activity on an approved establishment if, following the procedure in regulation 9, the competent body is not satisfied that the person exercising on the establishment the activity concerned is complying, in relation to that activity, with regulation 41, 58, 75, 83 or 85, as the case may be.

    (3) Where, pursuant to paragraph (1) or (2), the competent body withdraws an approval, it shall amend the register maintained by it under regulation 6(2)(b), by deleting from it the entry recording approval in respect of the establishment activity for which approval has been withdrawn.

Procedure relating to the withdrawal of approvals
    
9.  - (1) Where, in the circumstances described in regulation 8(2), the competent body proposes to withdraw an approval relating to the exercise of an establishment activity on an approved establishment, the competent body shall not withdraw the approval unless - 

    (2) A notice served by the competent body under paragraph (1) shall - 

National lists of approved establishments
    
10. Every competent body shall provide to the Minister in writing, on demand being made by him, such information as is available to it, and which will assist the Minister to comply with the requirements of Article 6 of Directive 95/69 in relation to lists of approved establishments.

Interpretation of Part II
    
11. In this Part - 



PART III

APPROVAL OF INTERMEDIARIES

Applications for the approval of intermediaries
    
12.  - (1) An eligible person may apply to the competent body to be approved as an intermediary who may exercise one or more of the following activities - 

    (a) wrapping, packaging, storing and putting into circulation an additive of any kind referred to in the fourth to the ninth indents of Chapter I.1(a) of the Annex,

    (b) wrapping, packaging, storing and putting into circulation a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex, or

    (c) wrapping, packaging, storing and putting into circulation a premixture, containing additives of any kind referred to in the fourth or fifth indent of Chapter I.2(a) of the Annex, but not containing a zootechnical additive.

    (2) An application made under paragraph (1) shall - 

    (a) be in writing,

    (b) be in the English language or, where the facilities in respect of which the application is made are situated wholly or partly in Wales, in either that language or the Welsh language,

    (c) be signed by or on behalf of the applicant,

    (d) contain the name (or business name) and address of the applicant,

    (e) identify the intermediary activity which the applicant is exercising or, as the case may be, intends to exercise, and

    (f) identify the facilities in respect of which the application is made.

    (3) A person making an application under paragraph (1) may lodge with the competent body a declaration of the type specified in the second paragraph of Article 5.1 of Directive 95/69.

Approval of intermediaries
    
13.  - (1) Where an application complying with regulation 12(2) is made under paragraph (1) of that regulation, the competent body shall - 

    (2) Paragraph (1)(a) shall not apply in the case of a person who makes an application under regulation 12(1) if - 

    (3) Where the competent body is satisfied that the applicant - 

Amendment of approvals
    
14.  - (1) An eligible person may apply to the competent body to be approved as a person who may exercise an intermediary activity ("the new intermediary activity") - 

    (2) An application made under paragraph (1) shall - 

    (3) Where an application complying with paragraph (2) is made under paragraph (1) - 

    (4) Where, pursuant to paragraph (3), the competent body approves an intermediary, it shall amend the register maintained by it under regulation 13(3)(B), to show all the intermediary activities for the exercise of which that intermediary is approved under regulation 13(3)(A) or under paragraph (3).

Withdrawal of approvals
    
15.  - (1) The competent body shall withdraw an approval for the exercise of an intermediary activity by an approved intermediary if the competent body is satisfied that the intermediary has ceased exercising that activity.

    (2) The competent body shall withdraw an approval for the exercise of an intermediary activity by an approved intermediary if, following the procedure in regulation 16, the competent body is not satisfied that, in relation to that activity, the intermediary is complying with regulation 45, 49, 62, 66, 77 or 79, as the case may be.

    (3) Where, pursuant to paragraphs (1) or (2), the competent body withdraws an approval, it shall amend the register maintained by it under regulation 13(3)(B), by deleting from it the entry recording approval in respect of the intermediary activity for which approval has been withdrawn.

 
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