Statutory Instruments 1999 No. 1872
The Feeding Stuffs (Establishments and intermediaries) Regulations 1999 - continued

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Procedure relating to the withdrawal of approvals
     16.  - (1) Where, in the circumstances described in regulation 15(2), the competent body proposes to withdraw an approval relating to the exercise of an intermediary activity by an approved intermediary, 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 intermediaries
     17. 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 intermediaries.

Interpretation of Part III
     18. In this Part - 



PART IV

REGISTRATION OF ESTABLISHMENTS LOCATED IN THE UNITED KINGDOM

Declarations leading to the registration of establishments
     19.  - (1) An eligible person may submit to the competent body a declaration relating to an establishment on which he intends to exercise one or more of the following activities - 

    (a) the manufacture of an additive of any kind the manufacture of which is regulated by Article 7.2(a) of Directive 95/69, with a view to putting it into circulation;

    (b) the manufacture of a premixture, containing additives of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but not containing an additive of any kind referred to in Chapter I.2(a) of the Annex, with a view to putting it into circulation;

    (c) the manufacture of a compound feeding stuff containing a premixture containing additives of any kind referred to in Chapter II(b) of the Annex, but not containing a zootechnical additive, with a view to putting it into circulation;

    (d) the production of any such compound feeding stuff, for the exclusive requirements of the applicant's holding;

    (e) the manufacture of a compound feeding stuff, containing an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but not containing an additive of any kind referred to in Chapter I.2(a) of the Annex, with a view to putting it into circulation; or

    (f) the production of any such compound feeding stuff, for the exclusive requirements of the applicant's holding.

    (2) A declaration submitted under paragraph (1) shall - 

    (a) be in writing,

    (b) be in the English language or, where the establishment to which the declaration relates is situated wholly or partly in Wales, in either that language or the Welsh language,

    (c) be signed by or on behalf of the person submitting the declaration,

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

    (e) identify the establishment to which the declaration relates,

    (f) identify the establishment activity which the person submitting the declaration is exercising or, as the case may be, intends to exercise, on that establishment, and

    (g) contain a statement that the establishment complies, and an undertaking that when the establishment activity is exercised on it it will comply, with the applicable conditions.

    (3) For the purposes of the statement referred to in paragraph (2)(g), and pursuant to Article 7.3 of Directive 95/69, an establishment shall be deemed to comply with the applicable conditions if it is an establishment which, pursuant to these Regulations, the Feedingstuffs (Zootechnical Products) Regulations 1999[13] or both, is approved for the exercise on that establishment of a corresponding activity referred to in Article 2.2(a), (b), (c) or (e) of that Directive.

Registration of establishments
     20. Where a declaration complying with regulation 19(2) is submitted under paragraph (1) of that regulation, the competent body shall - 

Amendment of registrations
     21.  - (1) An eligible person may submit to the competent body a declaration relating to a registered establishment on which he intends to exercise an establishment activity ("the new establishment activity") - 

    (2) A declaration submitted under paragraph (1) shall - 

    (3) For the purposes of the statement referred to in paragraph (2)(h), and pursuant to Article 7.3 of Directive 95/69, an establishment shall be deemed to comply with the applicable conditions if it is an establishment which, pursuant to these Regulations, the Feedingstuffs (Zootechnical Products) Regulations 1999 or both, is approved for the exercise on that establishment of a corresponding activity referred to in Article 2.2(a), (b), (c) or (e) of that Directive.

    (4) Where a declaration complying with paragraph (2) is submitted under paragraph (1), the competent body shall register the establishment as an establishment on which the new establishment activity may be exercised.

    (5) Where, pursuant to paragraph (4), the competent body registers an establishment, the competent body shall amend the list maintained by it under regulation 20(b), to show all the establishment activities for the exercise of which on that establishment the establishment is registered under regulation 20(a) or under paragraph (4).

Cancellation of registrations
     22.  - (1) The competent body shall cancel a registration for the exercise of an establishment activity on a registered establishment if the competent body is satisfied that the exercise of that activity on the establishment has ceased.

    (2) The competent body shall cancel a registration for the exercise of an establishment activity on a registered establishment if, following the procedure in regulation 23, 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 43, 60, 87, 89, 91 or 93, as the case may be.

    (3) Where, pursuant to paragraphs (1) or (2), the competent body cancels a registration, it shall amend the list maintained by it under regulation 20(b), by deleting from it the entry effecting registration in respect of the establishment activity for which registration has been cancelled.

Procedure relating to the cancellation of registrations
     23.  - (1) Where, in the circumstances described in regulation 22(2), the competent body proposes to cancel a registration relating to the exercise of an establishment activity on a registered establishment, the competent body shall not cancel the registration unless - 

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

National lists of registered establishments
     24. 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 11 of Directive 95/69, as read with Article 13.3 and 4 of Directive 70/524, in relation to lists of registered establishments.

Interpretation of Part IV
     25. In this Part - 



PART V

REGISTRATION OF INTERMEDIARIES

Declarations leading to the registration of intermediaries
     26.  - (1) An eligible person may submit to the competent body a declaration, with a view to being registered by it as an intermediary who may carry out either or both of the following activities - 

    (a) wrapping, packaging, storing and putting into circulation an additive of any kind the wrapping, packaging, storing and putting into circulation of which is regulated by Article 8.1 of Directive 95/69; or

    (b) wrapping, packaging, storing and putting into circulation a premixture containing additives of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but not containing an additive of any kind referred to in Chapter I.2(a) of the Annex.

    (2) A declaration submitted under paragraph (1) shall - 

    (a) be in writing,

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

    (c) be signed by or on behalf of the person submitting the declaration,

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

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

    (f) identify the facilities in respect of which the declaration is submitted, and

    (g) contain a statement that that person complies, and an undertaking that when he exercises the intermediary activity he will comply, with the applicable conditions.

    (3) For the purposes of the statement referred to in paragraph (2)(g), and pursuant to Article 8.2 of Directive 95/69, an intermediary shall be deemed to comply with the applicable conditions if he is an intermediary the exercise by whom of a corresponding activity, referred to in Article 3.1 of that Directive, is approved pursuant to these Regulations, the Feedingstuffs (Zootechnical Products) Regulations 1999 or both.

Registration of intermediaries
     27. Where a declaration complying with regulation 26(2) is submitted under paragraph (1) of that regulation, the competent body shall - 

Amendment of registrations
     28.  - (1) An eligible person may submit to the competent body a declaration, with a view to being registered by it as a registered intermediary who may exercise an intermediary activity ("the new intermediary activity") - 

    (2) A declaration submitted under paragraph (1) shall - 

    (3) For the purposes of the statement referred to in paragraph (2)(h), and pursuant to Article 8.2 of Directive 95/69, an intermediary shall be deemed to comply with the applicable conditions if he is an intermediary the exercise by whom of a corresponding activity referred to in Article 3.1 of that Directive, is approved pursuant to these Regulations, the Feedingstuffs (Zootechnical Products) Regulations 1999 or both.

    (4) Where a declaration complying with paragraph (2) is submitted under paragraph (1), the competent body shall register the intermediary as an intermediary who may exercise the new intermediary activity.

    (5) Where, pursuant to paragraph (4), the competent body registers an intermediary, the competent body shall amend the list maintained by it under regulation 27(b), to show all the intermediary activities for the exercise of which the intermediary is registered under regulation 27(a) or under paragraph (4).

Cancellation of registrations
     29.  - (1) The competent body shall cancel a registration for the exercise by a registered intermediary of an intermediary activity if the competent body is satisfied that the intermediary has ceased exercising that activity.

    (2) The competent body shall cancel a registration for the exercise of an intermediary activity by a registered intermediary if, following the procedure in regulation 30, the competent body is not satisfied that, in relation to that activity, the intermediary is complying with regulation 47, 51, 64 or 68, as the case may be.

    (3) Where, pursuant to paragraphs (1) or (2), the competent body cancels a registration, it shall amend the list maintained by it under regulation 27(b), by deleting from it the entry effecting registration in respect of the intermediary activity for which registration has been cancelled.

Procedure relating to the cancellation of registrations
     30.  - (1) Where, in the circumstances described in regulation 29(2), the competent body proposes to cancel a registration relating to the exercise of an intermediary activity by a registered intermediary, the competent body shall not cancel the registration unless - 

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

National lists of registered intermediaries
     31. 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 11 of Directive 95/69 in relation to lists of registered intermediaries.

Interpretation of Part V
     32. In this Part - 



PART VI

APPROVAL OR REGISTRATION OF ESTABLISHMENTS LOCATED IN THIRD COUNTRIES

Declarations leading to the approval or registration of establishments located in third countries
     33.  - (1) An eligible person may submit to the Minister a declaration relating to a third country establishment on which there is being exercised, or on which it is intended to exercise, one or more of the following activities - 

    (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;

    (e) the manufacture of an additive of any kind the manufacture of which is regulated by Article 7.2(a) of Directive 95/69, with a view to putting it into circulation;

    (f) the manufacture of a premixture, containing additives of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but not containing an additive of any kind referred to in Chapter I.2(a) of the Annex, with a view to putting it into circulation;

    (g) the manufacture of a compound feeding stuff containing a premixture containing additives of any kind referred to in Chapter II(b) of the Annex, but not containing a zootechnical additive, with a view to putting it into circulation; or

    (h) the manufacture of a compound feeding stuff, containing an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but not containing an additive of any kind referred to in Chapter I.2(a) of the Annex, with a view to putting it into circulation.

    (2) A declaration submitted under paragraph (1) shall - 

    (a) be in writing,

    (b) be in the English language,

    (c) be signed by or on behalf of the person submitting the declaration,

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

    (e) identify the establishment to which the declaration relates,

    (f) identify the establishment activity which is being exercised or, as the case may be, it is intended to exercise, on that establishment,

    (g) if made by 30th September 1999, state - 

      (i) whether the establishment activity was being exercised on the establishment on 31st December 1998, and

      (ii) if so, whether an eligible person would have been in a position to submit a declaration equivalent to one under paragraph (1) in relation to the establishment activity, at a date after 30th December 1998 but before 1st May 1999, had paragraph (1) been in force at that date;

    (h) contain a statement that the establishment complies, and an undertaking that when the establishment activity is exercised on it it will comply, with the applicable conditions, and

    (i) contain an undertaking of the kind described in the second indent of Article 6.2 of Directive 98/51.

Approval or registration of establishments located in third countries
     34.  - (1) Where a declaration complying with regulation 33(2) is submitted under paragraph (1) of that regulation, the Minister shall - 

    (2) The Minister shall, for the purposes of paragraph (1) treat, a declaration submitted in anticipation of regulation 33(1) as submitted thereunder and complying with regulation 33(2) if the declaration either - 



Notes:

 [13] S.I. 1999/1871.back


 
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