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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009 No. 130 URL: http://www.bailii.org/nie/legis/num_reg/2009/nisr_20090130_en_1.html |
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Made
20th March 2009
Coming into operation
17th April 2009
The Department of Agriculture and Rural Development is a Department designated(1) for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community.
These Regulations make provision for a purpose mentioned in that section and it appears to the Department that it is expedient for the references to the legislation set out in the Schedule to be construed as references to that legislation as amended from time to time.
The Department makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.
1. These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 17th April 2009.
2. The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.
3.–(1) The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007(4) are amended as follows.
(2) In regulation 2(1), in the definition of "product" in sub-paragraph (b)(iv), for the word "quality" substitute the word "quantity".
(3) In paragraph (1)(c) of regulation 5 (enforcement authorities, exchange of information and powers to give directions), for the word "area" substitute the word "district".
(4) In paragraph (1)(b) of regulation 7 (exercise of enforcement powers), for "to regulation 60" substitute "regulation 61".
(5) In paragraph (a)(i) of regulation 64 (contraventions), for "8(2)" substitute "8(3)".
(6) For Schedule 1 substitute the Schedule to these Regulations.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 20th March 2009
C. McMaster
A senior officer of the Department of Agriculture and Rural Development
Regulation 3(6)
Regulation 2(1), 4(7),21, 36, 37(1) and (6)
1. Council Regulation (EEC) No.2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin(5).
2. Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products(6).
3. Commission Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC(7).
4. Commission Decision 2005/34/EC laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries (8).
5. Commission Regulation (EC) No.1881/2006 setting maximum levels for certain contaminants in foodstuffs(9).
6. Council Regulation (EC) No.733/2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(10).
7. Commission Regulation (EC) No.1609/2000 establishing a list of products excluded from the application of Council Regulation (EEC) No.737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(11)
8. Regulation (EC) No.999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies(12).
9. Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (13).
10. Commission Decision 2007/240/EC laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decision 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC, 2006/168/EC(14).
11. Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand(15).
12. Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(16).
13. Regulation (EC) No.178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(17).
14. Council Regulation (EC) No.183/2005 laying down requirements for feed hygiene(18).
15. Council Regulation (EC) No.396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin(19).
16. Regulation (EC) No.853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin(20).
17. Regulation (EC) No.854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption(21).
18. Regulation (EC) No.882/2004 of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(22).
19. Commission Regulation (EC) No.2073/2005 on microbiological criteria for foodstuffs(23).
20. Commission Regulation (EC) No.2074/2005 laying down implementing measures for certain products under Regulation (EC) No.853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation 882/2004 of the European Parliament and of the Council, derogating from Regulation 852/2004 of the European Parliament and of the Council(24).
21. Commission Regulation (EC) No.2075/2005 laying down specific rules on official controls for Trichinella in meat(25).
22. Commission Regulation (EC) No.2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No.853/2004, (EC) No.854/2004 and (EC) No.882/2004 of the European Parliaments and of the Council(26).
1. Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorise imports of bovine animals, swine and fresh meat(27).
2. Commission Decision 81/91/EEC on the list of establishments in the Argentine Republic approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community(28).
3. Commission Decision 83/384/EEC on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community(29).
4. Commission Decision 83/243/EEC on the list of establishments in the Republic of Botswana approved for the purposes of importing fresh meat into the Community(30).
5. Commission Decision 81/713/EEC on the list of establishments in the Federative Republic of Brazil approved for the purpose of importing fresh beef and veal and meat of domestic solipeds into the Community(31).
6. Commission Decision 87/258/EEC on the list of establishments in Canada approved for the purpose of importing fresh meat into the Community(32).
7. Commission Decision 87/124/EEC on the list of establishments in Chile approved for the purpose of importing fresh meat into the Community(33).
8. Commission Decision 93/26/EEC on the list of establishments in the Republic of Croatia approved for the purpose of importing fresh meat into the Community(34).
9. Commission Decision 2002/987/EC on the list of establishments in the Falkland Islands approved for the purpose of importing fresh meat into the Community(35).
10. Commission Decision 85/539/EEC on the list of establishments in Greenland approved for the purpose of importing fresh meat into the Community(36).
11. Commission Decision 84/24/EEC on the list of establishments in Iceland approved for the purposes of importing fresh meat into the Community(37).
12. Commission Decision 95/45/EC on the list of establishments in the former Yugoslav Republic of Macedonia approved for the purpose of importing fresh meat into the Community (38).
13. Commission Decision 90/165/EEC on the list of establishments in Madagascar approved for the purpose of importing fresh meat into the Community(39).
14. Commission Decision 87/424/EEC on the list of establishments in the United Mexican States approved for the purpose of importing fresh meat into the Community(40).
15. Commission Decision 86/65/EEC on the list of establishments in Morocco approved for the purpose of importing fresh meat into the Community(41).
16. Commission Decision 90/432/EEC on the list of establishments in Namibia approved for the purpose of importing fresh meat into the Community(42).
17. Commission Decision 2004/628/EC on the list of establishments in New Caledonia from which Member States may authorise importation of fresh meat into the Community(43).
18. Commission Decision 83/402/EEC on the list of establishments in New Zealand approved for the purposes of importing fresh meat into the Community(44).
19. Commission Decision 83/423/EEC on the list of establishments in the Republic of Paraguay approved for the purpose of importing fresh meat into the Community(45).
20. Commission Decision 82/913/EEC on the list of establishments in the Republic of South Africa and Namibia approved for the purpose of importing fresh meat into the Community(46).
21. Commission Decision 82/814/EEC on the list of establishments in the Kingdom of Swaziland approved for the purpose of importing fresh meat into the Community(47).
22. Commission Decision 82/734/EEC on the list of establishments in the Swiss Confederation approved for the purposes of exporting fresh meat to the Community(48).
23. Commission Decision 87/257/EEC on the list of establishments in the United States of America approved for the purpose of importing fresh meat into the Community(49).
24. Commission Decision 81/92/EEC on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community(50).
25. Commission Decision 98/8/EEC on the list of establishments in the Federal Republic of Yugoslavia approved for the purpose of importing fresh meat into the Community(51).
26. Commission Decision 85/473/EEC supplementing, by the addition of Zimbabwe, the list of third countries from which Member States authorize imports of bovine animals, swine and fresh meat(52).
27. Commission Decision 2005/290/EC on simplified certificates for the importation of bovine semen and fresh pig meat from Canada(53).
1. Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries(54).
Third country establishments from which meat products may be imported
2. Commission Decision 86/414/EEC the list of establishments in Argentina approved for the purpose of importing meat products into the Community(55).
3. Commission Decision 94/465/EC on the list of establishments in Botswana approved for the purpose of importing meat products into the Community(56).
4. Commission Decision 87/119/EC on the list of establishments in Brazil approved for the purpose of importing meat products into the Community(57).
5. Commission Decision 95/427/EC on the list of establishments in the Republic of Namibia approved for the purpose of importing meat products into the Community(58).
6. Commission Decision 86/473/EEC on the list of establishments in Uruguay approved for the purpose of importing meat products into the Community(59).
7. Commission Decision 94/40/EC on the list of establishments in Zimbabwe approved for the purpose of importing meat products into the Community(60).
8. Commission Decision 97/365/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of products prepared from meat of bovine animals, swine, equidae and sheep and goats(61).
9. Commission Decision 97/569/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of meat products(62).
1. Commission Decision 2004/438/EC laying down animal and public health and veterinary certification conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption(63).
2. Commission Decision 97/252/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of milk and milk products for human consumption(64).
1. Commission Regulation 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements(65).
2. Commission Decision 97/4/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of fresh poultrymeat(66).
1. Commission Regulation (EC) 119/2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements(67).
2. Commission Decision 97/468/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of wild game meat(68).
1. Commission Decision 2000/572/EC laying down animal and public health conditions and veterinary certification for imports of minced meat and meat preparations from third countries(69) (meat preparations).
2. Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine and fresh meat(70) (minced meat).
3. Commission Decision 1999/710/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of minced meat and meat preparations (71).
1. Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(72).
2. Commission Decision 2003/812/EC drawing up lists of third countries from which Member States are to authorise imports of certain products for human consumption subject to Council Directive 92/118/EEC (73).
3. Commission Decision 97/467/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of rabbit meat and farmed game meat(74).
4. Commission Decision 99/120/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of animal casings(75).
5. Commission Decision 2001/396/EC amending Decision 97/467/EC drawing up provisional lists of third country establishments from which Member States authorise imports of rabbit meat and farmed game meat, with respect to imports of ratite meat(76)
6. Commission Decision 2001/556/EC drawing up provisional lists of third country establishments from which Member States authorise imports of gelatine intended for human consumption(77).
7. Commission Regulation (EC) 119/2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements(78).
8. Commission Decision 2003/779/EC laying down animal health requirements and the veterinary certification for the import of animal casings from third countries (79).
9. Commission Decision 2003/863/EC on health certificates for the importation of animal products from the United States of America(80)) (gelatine and collagen from the USA).
10. Commission Regulation (EC) No.2074/2005 laying down implementing measures for certain products under Regulation (EC) No.853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation (EC) No.882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No.852/2004 of the European Parliament and of the Council and amending Regulations (EC) No.853/2004 and (EC) No. 854/2004 (81).
11. Regulation (EC) No.1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(82).
12. Regulation (EC) No.878/2004 laying down transitional measures in accordance with Regulation (EC) No.1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes(83).
13. Commission Decision 2004/407/EC on transitional sanitary and certification rules under Regulation (EC) No.1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine(84).
14. Commission Regulation (EC) No. 2007/2006 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain intermediate products derived from Category 3 material intended for technical used in medical devices, in vitro diagnostics and laboratory reagents and amending that Regulation(85).
15. Council Regulation 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur(86).
16. Commission Regulation (EC) No.136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(87).
17. Commission Decision 2007/275 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496 and 97/78/EC(88).
1. Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species(89)
2. Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(90).
3. Commission Decision 2008/155/EC establishing a list of embryo collection and production teams in third countries approved for import of bovine embryos into the Community(91).
4. Commission Decision 2004/639/EC laying down the importation conditions of semen of domestic animals of the bovine species(92).
5. Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos(93).
6. Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(94).
7. Commission Decision 2002/613/EC laying down the importation conditions of semen of domestic animals of the porcine species(95).
8. Commission Decision 2008/636/EC establishing the list of third countries from which Member States authorise imports of ova and embryos of the porcine species(96).
9. Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(97).
10. Commission Decision 2008/635/EC on imports of semen ova and embryos of the ovine and caprine species into the Community as regards lists of third countries and of semen collection centres and embryo collection teams, and certification requirements(98).
11. Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(99).
12. Commission Decision 96/539/EC on animal health requirements and veterinary certification for imports into the Community of semen of the equine species(100).
13. Commission Decision 96/540/EC on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species(101)
14. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise import of live equidae and semen, ova and embryos of the equine species(102).
15. Commission Decision 2004/616/EC establishing the list of approved semen collection centres for imports of equine semen from third countries(103).
16. Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(104).
1. Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(105).
2. Commission Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption(106).
3. Commission Regulation (EC) No 1251/2008 as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(107).
4. Commission Decision 2004/453/EC implementing Council Directive 91/67/EC as regards measures against certain diseases in aquaculture animals(108).
5. Commission Regulation (EC) No 1251/2008 as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(109).
6. Commission Regulation (EC) No.2074/2005 laying down implementing measures for certain products under Regulation (EC) No.853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation (EC) No.882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No.852/2004 of the European Parliament and of the Council and amending Regulations (EC) No.853/2004 and (EC) No. 854/2004(110)
7. Commission Regulation (EC) No.2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No.854/2004 and (EC) No.882/2004 of the European Parliaments and of the Council(111)
8. Commission Decision 2006/766/EC establishing lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted(112).
Special import conditions for fishery products
9. Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America(113).
All references to Community legislation in this Schedule are references to that legislation as amended from time to time."
(This note is not part of the Regulations)
These Regulations replace Schedule 1 to the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007. The new Schedule incorporates a number of new and amended pieces of Community legislation that have come into force since those Regulations came into operation.
The Regulations provide that references to the legislation set out in the new Schedule I are to be construed as references to the legislation as amended from time to time.
Regulation 3 also makes some minor corrections to the 2007 Regulations.
An Impact Assessment has not been prepared for this rule as no impact on business, charities or voluntary bodies is foreseen.
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