UK Offence Report

The Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004 (revoked)

UK Statutory Instrument 2004 No. 3388 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
21 December 2004
In force from
1 February 2005
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
European Communities Act 1972, Finance Act 1973

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke and re-enact with changes the Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004 (S.I. 2004/2640). The principal changes are to regulation 3 (see below) and to Schedules 1 and 2, which have been revised in order to implement Community instruments that have come into force since the Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004 were made. The Regulations implement for England Council Directive 97/78/EC (laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries) (OJ No. L24, 30.1.98, p. 9). Commission Decision 2002/349/EC (laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC) (OJ No. L121, 8.5.2002, p. 6) specifies the products of animal origin to which the Directive applies– meat, fish (including shellfish), milk, and products made from these, together with egg products and a large number of animal by-products, including casings, skins, bones and blood – from third countries. The products to which the Regulations apply (defined in regulation (1)) must comply with the requirements listed, by reference to the relevant Community legislation, in Schedule 1. Regulation 3 has been revised to provide for the exemption from Parts 3 to 10 of the Regulations of products introduced into England with the previous authorisation of the Secretary of State as trade samples, for exhibition, or for particular studies or analyses. It is an offence to use such a product for an unauthorised purpose or to contravene a condition of the Secretary of State’s authorisation (regulation 3(3)). Regulation 3(4) requires that such products be disposed of or redispatched to a third country within six months of their introduction, or before the expiry of such other time limit as the Secretary of State may specify in her authorisation. Powers for an authorised officer to deal with products in the case of non-compliance are included at regulation 3(5) and (6). Regulation 4 (which was previously part of regulation 3) provides that Part 3, with the exception of regulation 25, and Parts 4 to 10 do not apply to products intended for personal use that comply with the conditions laid down in that regulation. Regulations 5 and 16 define the authorities that enforce the Regulations. Usually, these will be port health authorities, who appoint official veterinary surgeons and official fish inspectors to conduct veterinary checks at each border inspection post in their area (regulation 6). Regulations 7, 8, 9 and 11 confer the necessary enforcement powers. The Commissioners of Customs and Excise enforce regulation 16 at points of entry other than border inspection posts. Part 3 establishes the inspection system that will apply to the generality of products. The introduction into England of products that do not comply with the Schedule 1 requirements is prohibited, unless they are being transported across England (regulation 15). Products must be introduced at border inspection posts, advance notice of their introduction must be given, and they must be made available for inspection, together with required documentation, at a border inspection post (regulations 16 to 19). Regulations 21 to 28 deal with products that are rejected at inspection, are introduced illegally, or present a risk to animal or public health. Parts 4 to 9 lay down special provisions that apply to particular categories of product (on-board catering supplies, products intended for free circulation in the Community, products in transit across England, products intended for warehousing under particular customs regimes, and products exported from the Community and then returned to it). Part 10 deals with the calculation and payment of charges for the veterinary checks provided for in the Regulations; Part 11 confers on the Secretary of State and the Food Standards Agency power to prohibit the introduction of products into England from non-EEA countries in which there is an outbreak of animal disease; Part 12 establishes offences and penalties; Part 13 deals with the service of notices and with notification of decisions; and Part 14 provides that certain existing provisions do not apply to products to which these Regulations apply, and revokes the Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004. A regulatory impact assessment has not been prepared for these Regulations.

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