| Statutory Instruments 1999 No. 1872 The Feeding Stuffs (Establishments and intermediaries) Regulations 1999 - continued |
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Definition of "intermediary" and related definitions
(b) before 1st September 1998 submitted to a competent authority in the member State an application (which is pending), made in accordance with any requirements in the member State for the making of such applications, to be approved pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation an additive of any such kind;
(b) before 1st September 1998 submitted to a competent authority in the member State an application (which is pending), made in accordance with any requirements in the member State for the making of such applications, to be approved pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation a product of any such kind;
(b) before 1st September 1998 submitted to a competent authority in the member State an application (which is pending), made in accordance with any requirements in the member State for the making of such applications, to be approved pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation a premixture of that kind;
(b) before 1st September 1998 submitted to a competent authority in the member State a declaration (consideration of which is pending), made in accordance with any requirements in the member State for the submission of such declarations, with a view to his being registered pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation an additive of any such kind;
(b) before 1st September 1998 submitted to a competent authority in the member State a declaration (consideration of which is pending), made in accordance with any requirements in the member State for the submission of such declarations, with a view to his being registered pursuant to Directive 95/69 as an intermediary who may wrap, package, store and put into circulation a premixture of that kind;
(b) before 1st September 1998, submitted an application under regulation 12(1)(a), or a corresponding application under regulation 14(1) (which in either case is pending), made in accordance with regulation 12(2), or, as the case may be, 14(2);
(b) before 1st September 1998, submitted an application under regulation 12(1)(b), or a corresponding application under regulation 14(1) (which in either case is pending), made in accordance with regulation 12(2), or, as the case may be, 14(2);
(b) before 1st September 1998, submitted an application under regulation 12(1)(c), or a corresponding application under regulation 14(1) (which in either case is pending), made in accordance with regulation 12(2), or, as the case may be, 14(2);
(b) before 1st September 1998, submitted a declaration under regulation 26(1)(a), or a corresponding declaration under regulation 28(1) (consideration of which in either case is pending), made in accordance with regulation 26(2), or, as the case may be, 28(2);
(b) before 1st September 1998, submitted a declaration under regulation 26(1)(b), or a corresponding declaration under regulation 28(1) (consideration of which in either case is pending), made in accordance with regulation 26(2), or, as the case may be, 28(2);
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 -
(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 -
(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
(b) process the application in accordance with the requirements of the second paragraph of Article 4.1, or the second paragraph of Article 4.2, of Directive 95/69, as the case may be.
(2) Where the competent body is satisfied that the establishment meets the applicable conditions, the competent body shall -
(b) in accordance with Article 5.1 of Directive 95/69, as read with Articles 8 and 9 of, and the Annex to, Directive 98/51, enter the establishment on a register, which the competent body shall maintain, under an individual approval number which identifies the establishment, as an establishment approved for the exercise of that activity.
Amendment of approvals
(b) instead of that activity.
(2) An application made under paragraph (1) shall -
(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, (f) identify the new establishment activity which the applicant is exercising or, as the case may be, intends to exercise on that establishment, and (g) state under which sub-paragraph of paragraph (1) the application is made.
(3) Where an application complying with paragraph (2) is made under paragraph (1) -
(b) if the competent body is satisfied that the establishment meets the applicable conditions, it shall approve the establishment as an establishment on which the new establishment activity may be exercised.
(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).
(b) after the time for compliance with the notice has expired, it is not satisfied that the recipient has complied with the requirements specified in the notice.
(2) A notice served by the competent body under paragraph (1) shall -
(b) specify -
(ii) the requirements that the recipient of the notice must comply with in order to satisfy it as to compliance with those essential conditions; and
(c) state that, unless it is satisfied that the recipient has complied with those requirements, within such reasonable time as is specified in the notice, the approval for the exercise of the establishment activity concerned will be withdrawn.
National lists of approved establishments
(b) points 4, 5, 6.2 and 7 of Chapter I.1(b) of the Annex, in the case of an application to approve an Article 12 establishment as an establishment on which the activity specified in regulation 5(1)(a) may be exercised; (c) Chapter I.1(b) of the Annex, in the case of an application to approve an establishment as an establishment on which the activity specified in regulation 5(1)(b) may be exercised; (d) Chapter I.2(b) of the Annex, in the case of an application to approve an establishment as an establishment on which the activity specified in regulation 5(1)(c) may be exercised; (e) Chapter I.4 of the Annex, in the case of an application to approve an establishment as an establishment on which the activity specified in regulation 5(1)(d) may be exercised; and (f) with the exception of the requirements set out in point 7 thereof, Chapter I.4 of the Annex, in the case of an application to approve an establishment as an establishment on which the activity specified in regulation 5(1)(e) may be exercised;
(b) Chapter I.2(b) of the Annex, in the case of the exercise of the establishment activity specified in regulation 5(1)(c); (c) Chapter I.4 of the Annex, in the case of the exercise of the establishment activity specified in regulation 5(1)(d); and (d) with the exception of the requirements set out in point 7, Chapter I.4 of the Annex, in the case of the exercise of the establishment activity specified in regulation 5(1)(e); and
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 -
(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 -
(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.
(b) process the application in accordance with the requirements of the second paragraph of Article 4.1, or the second paragraph of Article 4.2, of Directive 95/69, as the case may be.
(2) Paragraph (1)(a) shall not apply in the case of a person who makes an application under regulation 12(1) if -
(b) at the time he makes his application, he lodges with the competent body a declaration of the kind specified in that paragraph.
(3) Where the competent body is satisfied that the applicant -
(b) is a person of the kind referred to in paragraph (2)(a) who satisfies paragraph (2)(b), it shall - (A) approve the applicant as an intermediary who may exercise the intermediary activity concerned, and (B) in accordance with Article 5.1 of Directive 95/69, as read with Articles 8 and 9 of, and the Annex to, Directive 98/51, enter the applicant on a register, which the competent body shall maintain, under an individual approval number which identifies the applicant, as an intermediary approved for the exercise of that activity.
Amendment of approvals
(b) instead of that activity.
(2) An application made under paragraph (1) shall -
(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 new intermediary activity which the applicant is exercising or, as the case may be, intends to exercise, (f) identify the facilities in respect of which the application is made, and (g) state under which sub-paragraph of paragraph (1) the application is made.
(3) Where an application complying with paragraph (2) is made under paragraph (1) -
(b) if the competent body is satisfied that the applicant -
(ii) is a person who -
(B) at the time he made his application, lodged with the competent body a declaration of the kind specified in that paragraph, it shall approve the applicant as an intermediary who may exercise the new intermediary activity.
(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). |
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