The Products of Animal Origin (Import and Export) Regulations 1996

• Council Directive 87/489/EEC (OJ No. L280, 3.10.87, p.28);

• Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p.13);

• Council Directive 91/266/EEC (OJ No. L134, 29.5.91, p.45);

• Council Directive 91/687/EEC (OJ No. L377, 31.12.91, p.16);

• Council Directive 92/118/EEC (OJ No. L62, 15.3.93, p.49);

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 1 to 4 and 8a.

5

Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (OJ No. L121, 28.7.64, p.2012) (S Edn 1963–64, p.185)) as read with—

• Council Directive 92/120/EEC (OJ No. L62, 15.3.93, p.86) (as amended by Council Directive 95/5/EC (OJ No. L51, 8.3.95, p.12)); and as amended by:

• Council Decision 81/476/EEC (OJ No. L186, 8.7.81, p.20);

• Council Directive 83/90/EEC (OJ No. L59, 5.3.83, p.10);

• Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p.69);

• Council Directive 92/5/EEC (OJ No. L57, 2.3.92, p.1);

• Council Directive 92/120/EEC (OJ No. L62, 15.3.93, p.86);

• Act of Accession (Austria, Finland and Sweden);

• Council Directive 95/23/EC (OJ No. L243, 11.10.95, p.7).

• Relevant provisions: Articles 3 and 6.

Fresh poultry meat

6

Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultry meat (OJ No. L55, 8.3.71, p.23 (S Edn 1971(1), p.106)) as amended by—

• Council Directive 92/116/EEC (OJ No. L062, 15.3.93, p.1);

• Council Directive 94/65/EC (OJ No. L368, 31.12.94, p.10);

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 3(1), 8 and 14.

7

Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat (OJ No. L268, 24.9.91, p.35) as amended by—

• Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p.1);

• Council Directive 93/121/EEC (OJ No. L340, 31.12.93, p.39):

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 1 to 3.

Live bivalve molluscs and other shellfish

8

Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs (OJ No. L268, 24.9.91, p.1) as amended by—

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 3(1)(a) to (i) and (2) (read with article 1) and 4.

Meat products

9

Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (OJ No. L26, 31.1.77, p.85) as read with—

• Council Directive 92/120/EEC (OJ No. L62, 15.3.93, p.86) and as amended by:

• Council Directive 92/5/EEC (OJ No. L57, 2.3.92, p.1);

• Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p.1);

• Council Directive 92/118/EEC (OJ No. L62, 15.3.93, p.49);

• Council Directive 95/68/EC (OJ No. L332, 30.12.95, p.10);

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 1 to 11 and 13.

10

Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products (OJ No. L47, 21.2.80, p.4) as amended by—

• Council Directive 80/1100/EEC (OJ No. L325, 1.12.80, p.16);

• Council Directive 81/476/EEC (OJ No. L186, 8.7.81, p.20);

• Council Directive 85/321/EEC (OJ No. L168, 28.6.85, p.39);

• Council Regulation 3768/85/EEC (OJ No. L362, 31.12.85, p.8);

• Council Directive 87/491/EEC (OJ No. L279, 2.10.87, p.27):

• Council Directive 88/660/EEC (OJ No. L382, 31.12.88, p.35);

• Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p.13);

• Council Directive 91/687/EEC (OJ No. L377, 31.12.91, p.16):

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 1 to 4 and 7a.

Minced meat and meat preparations

11

Council Directive 94/65/EC laying down the requirements for the production and placing on the market of minced meat and meat preparations (OJ No. L368, 31.12.94, p.10).

Products not subject to the animal health and public health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662.

12

Directive 92/118, as amended by—

Rabbit meat and farmed game meat

13

Council Directive 91/495/EEC of 27 November 1990 concerning public health problems affecting the production and placing on the market of rabbit meat and farmed game meat (OJ No. L268, 24.9.91, p.41) as amended by—

• Council Directive 92/65/EEC (OJ No. L268, 14.9.92, p.54);

• Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p.1);

• Council Directive 94/65/EC (OJ No. L368, 31.12.94, p.10);

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 3 and 5.

Raw milk, heat treated milk and milk based products

14

Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat treated milk and milk based products (OJ No. L268, 14.9.92, p.1) as amended by—

• Council Directive 92/118;

• Commission Decision 94/330/EC (OJ No. L146, 11.6.94, p.23);

• Council Directive 94/71/EC (OJ No. L368, 31.12.94, p.33);

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Chapter II.

Wild game

13

Council Directive 92/45/EEC of 16 June 1992 on public and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (OJ No. L268, 14.9.92, p.35) as amended by:

• Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p.1);

• Act of Accession (Austria, Finland and Sweden).

• Relevant provisions: Articles 3, 4, 5 and 6.

SCHEDULE 4 — COST FACTORS FOR THE CALCULATION OF CHARGES

1

The salaries and fees, together with overtime payments and employers’ national insurance and superannuating contributions, of all staff directly involved in carrying out health inspection and control exercises under these Regulations, and all staff engaged in the management or administration of those health inspection and control exercises.

2

The costs of recruiting the persons listed in the preceding paragraph and training them to enforce these Regulations.

3

Any travelling costs and related incidental expenses incurred in carrying out a check except those incurred by a person attending his normal place of work.

4

The cost of office accommodation, equipment and services for staff involved in carrying out checks under these Regulations, including depreciation of any office furniture and equipment and also including the cost of information technology, stationery and forms.

5

The cost of protective clothing and equipment used in carrying out the checks.

6

The costs of laundering protective clothing.

7

Sampling and analysis costs, excluding those relating to testing for the presence of salmonella.

8

The costs of accounting and collecting charges and of providing pay-roll and personnel services in connection with the employment of staff carrying out the checks.

9

The anticipated frequency of the checks and the charges may differ according to products or their source.

10

Where any of the above relates only partly to the checks carried out, only the appropriate percentage of the costs shall be charged under these Regulations.

SCHEDULE 5

PART I — DISAPPLICATION OF PROVISIONS

Title	Reference	Extent
The Importation of Birds, Poultry and Hatching Eggs Order 1979	S.I. 1979/1702	Articles 6 to 9
The Importation of Hay and Straw Order 1979	S.I. 1979/1703	Article 5
The Importation of Animal Products and Poultry Products Order 1980	S.I. 1980/14	Articles 5 to 7
The Importation of Embryos, Ova and Semen Order 1984	S.I. 1984/12 as amended by S.I. 1984/1326	Articles 5, 5A and 6
The Importation of Bovine Semen Regulations 1984	S.I. 1984/1325	Regulations 4 and 5
The Imported Food Regulations 1984	S.I. 1984/1918 as amended by the Criminal Justice Act 1988 (c. 33), S.I. 1990/2371 and S.I. 1990/2486	The whole Regulations except regulations 1, 2, 3, 4, 5, 12, 13, 14 and 20 and Schedules 1 to 11
The Imported Food (Scotland) Regulations 1985	S.I. 1985/913 as amended by the Criminal Justice Act 1988 (c. 33) and S.I. 1990/2625	The whole Regulations except regulations 1, 2, 3, 4, 5, 12, 13, 14 and 20 and Schedules 1 to 11

PART II — DISAPPLICATION OF PROVISIONS FOR INTRA-COMMUNITY TRADE

Title	Reference	Extent
The Diseases of Fish Act 1937	1937 c. 33	Section 1
The Diseases of Fish Regulations 1984	S.I. 1984/455	Regulations 2 and 5
The Importation of Salmonid Viscera Order 1986	S.I. 1986/2265	Articles 4 to 8

SCHEDULE 6 — CONSEQUENTIAL AMENDMENTS

The Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 (S.I. 1985/1857)

1

In regulations 18(b) and 21(c)(ii) of the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 (Acceptance of semen for storage and acceptance of semen for supply), for the words “the Products of Animal Origin (Import and Export) Regulations 1992”, there shall be substituted the words “the Products of Animal Origin (Import and Export) Regulations 1996”.

The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 (S.I. 1985/1861)

2

In regulations 18(b) and 21(c)(ii) of the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 (Acceptance of semen for storage and acceptance of semen for supply), for the words “the Products of Animal Origin (Import and Export) Regulations 1992”, there shall be substituted the words “the Products of Animal Origin (Import and Export) Regulations 1996”.

The Fish Health Regulations 1992 (S.I. 1992/3300)

3

• (1) In regulation 14(1) of the Fish Health Regulations 1992 (Powers of veterinary inspector), for the words “regulation 7 of the Products of Animal Origin (Import and Export) Regulations 1992” there shall be substituted the words “regulation 13 of the Products of Animal Origin (Import and Export) Regulations 1996”.

• (2) In the title to, and in paragraph (1) of, Regulation 16 of the said Regulations (extension of the Animals and Animal Products (Import and Export) Regulations 1992 and the Products of Animal Origin (Import and Export) Regulations 1992), for the words “the Products of Animal Origin (Import and Export) Regulations 1992” there shall be substituted the words “the Products of Animal Origin (Import and Export) Regulations 1996”.

The Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994 (S.I. 1994/2782)

4

In regulation 2(1) of the Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994 (Interpretation), for the definition of “the Import and Export Regulations” there shall be substituted the following definition—

• “the Import and Export Regulations” means the Products of Animal Origin (Import and Export) Regulations 1996;

The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994 (S.I. 1994/2783)

5

In regulation 2(1) of the Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994 (Interpretation), for the definition of “the Import and Export Regulations” there shall be substituted the following definition—

• “the Import and Export Regulations” means the Products of Animal Origin (Import and Export) Regulations 1996;

The Animal By-Product (Identification) Regulations 1995 (S.I. 1995/614)

6

For regulation 5(e)(ii) of the Animal By-Product (Identification) Regulations 1995 (exemption), there shall be substituted the following paragraph—

(ii) is transhipped in accordance with regulation 24 of the Products of Animal Origin (Import and Export) Regulations 1996;

The Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (S.I. 1995/2478)

7

In regulation 21(5)(c) of the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (Transfer of bovine embryos), for the words “the Products of Animal Origin (Import and Export) Regulations 1992”, there shall be substituted the words “the Products of Animal Origin (Import and Export) Regulations 1996”.

The Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I. 1995/3205)

8

In regulation 2(1) of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (Interpretation), in paragraph (b) of the definition of “meat”, for the words “the Products of Animal Origin (Import and Export) Regulations 1992”, there shall be substituted the words “the Products of Animal Origin (Import and Export) Regulations 1996”.

SCHEDULE 7 — REVOCATIONS

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
The Products of Animal Origin (Import and Export) Regulations 1992	S.I. 1992/3298	The whole Regulations
The Products of Animal Origin (Third Country Imports) (Charges) Regulations 1992	S.I. 1992/3299	The whole Regulations
The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994	S.I. 1994/2783	Regulation 14 and Schedule 7
The Products of Animal Origin (Import and Export) (Amendment) Regulations 1995	S.I. 1995/2911	The whole Regulations

Signed

Signed by authority of the Secretary of State

Angela Browning — Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food — 10th December 1996

Signed by authority of the Secretary of State for Scotland

Lindsay — Parliamentary Under Secretary of State, Scottish Office — 11th December 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, implement Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the single market (OJ No. L395, 30.12.89, p.13), Council Directive 90/675/EEC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ No. L373, 31.12.90, p.1) and Council Directive 92/118/EEC laying down animal health 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(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ No. L62, 15.3.93, p.49).

These Regulations revoke and replace in their entirety the Products of Animal Origin (Import and Export) Regulations 1992 (S.I. 1992/3298) (as amended) and the Products of Animal Origin (Third Country Imports) (Charges) Regulations 1992 (S.I. 1992/2911).

The Regulations make provision for the designation of official veterinary surgeons to implement them and provide for enforcement by the local authority and by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales. In addition, those Ministers and the Secretary of State for Health have powers to give directions to local authorities (regulations 2, 3 and 4).

The Regulations also give powers of entry and inspection to enforce the directives (regulation 6), they confer a duty on local authorities to provide returns (regulation 7) and they require the notification of decisions with reasons (regulation 8).

With respect to intra-Community trade, they make it an offence to export products of animal origin except in accordance with specified provisions (regulation 10). They provide for registration by, or notification to, the Minister of certain establishments which produce or process or supply for export products of animal origin covered by Council Directive 92/118/EEC (regulations 11 and 12). They provide for the inspection and checking of imports, make provision on the removal of documents and place duties on consignees (regulations 13 to 15). They regulate consignments posing a risk to health and provide for repeated irregularities by an exporting establishment in Great Britain (regulations 16 and 17).

For third country trade, they make it an offence to import otherwise than through a border inspection post (regulation 20) and specify import procedure (regulations 21, 22 and 27). They regulate procedures in free zones and free warehouses and transhipment under customs control (regulations 23 and 24) and establish procedures for consignments posing a risk to health and illegal consignments (regulation 25).

In relation to charges, the Regulations—

• (a) require the Minister or local authorities to make a charge for the performance of their functions relating to health inspection and control exercises in respect of products of animal origin (regulation 29);

• (b) provide for the calculation of the charges for the health inspection and control exercises (regulation 30);

• (c) state who is liable to pay the charge (regulation 31);

• (d) provide that goods cannot be released until charges have been paid (regulation 32);

• (e) require the Minister and local authorities, where requested to do so, to provide information relating to charging and to consider any representations made concerning the charge by any person notified and require local authorities to pass information regarding the calculation of the charges, together with any representations, to the Minister if he so requires (regulation 33); and

• (f) set out an appeals procedure (regulation 34).

They provide a procedure whereby products from an area outside Great Britain suffering from disease can be prevented from entering Great Britain (regulation 35).

They make provisions on offences and penalties (regulations 36 to 39) and disapply the provisions listed in Schedule 5 from imports to which these Regulations apply (regulation 40).

A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Meat Hygiene Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c. 68.

[^f00003]: OJ No. L46, 12.2.91, p.1.

[^f00004]: OJ No. L302, 19.10.92, p.1.

[^f00005]: OJ No. L211, 6.9.95, p.43.

[^f00006]: OJ No. L378, 31.12.82, p.58.

[^f00007]: OJ No. L395, 30.12.89, p.13.

[^f00008]: OJ No. L224, 18.8.90, p.29.

[^f00009]: OJ No. L363, 27.12.90, p.51.

[^f00010]: OJ No. L373, 31.12.90, p.1.

[^f00011]: OJ No. L62, 15.3.93, p.49.

[^f00012]: S.I. 1992/3163, as read in accordance with paragraph 1 of Schedule 2.

[^f00013]: S.I.1995/539; as amended by the instruments specified in paragraph 6 of Schedule 2.

[^f00014]: S.I. 1995/2148, as amended by the instrument specified in paragraph 10 of Schedule 2.

[^f00015]: S.I. 1995/540, as amended by the instruments specified in paragraph 7 of Schedule 2.

[^f00016]: 1994 c. 39.

[^f00017]: OJ No. L121, 16.5.91, p.11.

[^f00018]: Commission Regulation (EC) No. 3300/93 (OJ No. L296, 1.12.93, p.52).

[^f00019]: S.I. 1995/3205.

[^f00020]: S.I. 1994/3082, as amended by the instruments specified in paragraph 5 of Schedule 2.

[^f00021]: 1988 c. 36.

[^f00022]: S.I. 1996/2265, amended by S.I. 1996/3000.

[^f00023]: 1968 c. 67.

[^f00024]: OJ No. L47, 21.2.80, p.4; relevant amending instruments are Council Directive 80/1100/EEC (OJ No. L325, 1.2.80, p.17). Council Directive 87/491/EEC (OJ No. L279, 2.10.87, p.27) and Council Directive 88/660/EEC (OJ No. L382, 31.12.88, p.35).