S.I. No. 301 of 2000.

EUROPEAN COMMUNITIES (FEES ON IMPORTS OF PRODUCTS OF ANIMAL ORIGIN FROM THIRD COUNTRIES) REGULATIONS, 2000.

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Council Directive 96/43/EC of 26 June 1996 with respect to fees on imports of products of animal origin from third countries, hereby make the following regulations :

1.         (1)         These Regulations may be cited as the European Communities (Fees on Imports of Products of Animal Origin from Third Countries) Regulations, 2000.

(2)         These Regulations shall come into operation on the 9^TH day of October, 2000.

2.         (1)         In these Regulations -

“border inspection post” means a border inspection post listed in Commission Decision 97/778/EC and situated in the State;

“the Council Directive” means Council Directive No. 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC and insofar as it refers to Chapter II of Annex A of the Annex to Council Directive 96/43/EC;

“import” means to bring products of animal origin into the State from a third country by any means whatsoever and intended for final destination within the State or any other Member State;

“importer” means any person who, whether as owner, consignor, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of any imported product of animal origin;

“inspector” means an inspector within the meaning of the Diseases of Animals Act, 1996 (No. 6 of 1966) ;

“Minister” means the Minister for Agriculture, Food and Rural Development;

“products” means products to which Council Directive 72/462/EEC, Chapter III of Council Directive 71/118/EEC, Chapter III of Council Directive 92/45/EEC and Chapter 11 of Annex I to Council Directive 92/118/EEC apply;

“third country” means a country which is not a Member State of the European Community.

(2)         In these Regulations a reference to a Regulation or Schedule is to a Regulation of or Schedule to these Regulations, unless it appears that reference to some other provision is intended.

(3)         A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

4.   The Minister shall charge and levy a fee, to be paid by an importer, on each consignment of products of animal origin imported directly into the European Community from a third country at a border inspection post, in respect of veterinary checks pursuant to Council Directive 97/78/EC of 18 December 1997.

5.   The products of animal origin and the rates of fees to be charged are specified in the Schedule.

6.   The fee under these Regulations shall fall due and is payable on the date on which the consignment is checked at the border inspection post and approved for entry into the European Community by the inspector.

7.   The inspector shall not release the consignment for circulation into the European Community until the fee due under these Regulations has been paid.

8.   The European Communities (Fees on Imports of Products of Animal Origin from Third Countries) Regulations, 1995 are revoked with effect from 9 October, 2000.

SCHEDULE

The amount of the fee payable under Regulation 5 shall be: -

in the case of fresh meat of bovine animals, swine, sheep, goats, domestic solipeds, poultrymeat, wild game meat, rabbit meat and farmed game meat:

-          £4.00 per tonne or part of a tonne with a minimum amount of £24.00 per consignment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations extend and consolidate the list of products of animal origin for which fees are levied in respect of veterinary checks on direct imports of products of animal origin into Ireland from third countries as required under Chapter II of Annex A to the Annex of Council Directive 96/43/EEC. These fees cover products of bovine, swine, sheep, goats, domestic solipeds, poultry, wild game, rabbit meat and farmed game.

Published by the Stationary Office, Dublin.