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The Official Feed and Food Controls (Wales) Regulations 2009

Type Welsh-Statutory-Instrument
Publication 2009-12-21
Last updated 2020-12-31
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
  • “Regulation 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union;
  • “Regulation 2019/1873” means Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products;
  • “Regulation 2019/2074” means Commission Delegated Regulation (EU) 2019/2074 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules on specific official controls on consignments of certain animals and goods originating from, and returning to the Union following a refusal of entry by a third country;
  • “Regulation 2019/2123” means Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts;
  • “Regulation 2019/2126” means Commission Delegated Regulation (EU) 2019/2126 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for specific official controls for certain categories of animals and goods, measures to be taken following the performance of such controls and certain categories of animals and goods exempted from official controls at border control posts;
  • “Regulation 2019/2129” means Commission Implementing Regulation (EU) 2019/2129 establishing rules for the uniform application of frequency rates for identity checks and physical checks on certain consignments of animals and goods entering the Union;
  • “Regulation 2019/2130” means Commission Implementing Regulation (EU) 2019/2130 establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts;
  • “Regulation 2020/466” means Commission Implementing Regulation (EU) 2020/466 on temporary measures to contain risks to human, animal and plant health and animal welfare during certain serious disruptions of Member States’ control systems due to coronavirus disease;
Column 1Competent Authority Column 2Provisions of Regulation 2017/625
The Agency Articles 4, 5(1), (4) and (5), 6, 7, 8, 11, 12, 15, 28, 29, 30, 31, 32, 33, 35, 37, 38, 39, 40, 42, 63(4)(a), 65(5), 66(6), 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 87, 88, 89, 91, 93, 96, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 124, 130, 135, 137, 138, 140.
The feed authority Articles 4, 5(1), (4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 26, 28, 29, 30, 31, 32, 33, 35, 36, 38, 44, 45, 46, 47, 49, 50, 55, 56, 57, 63, 65(1), (2), (3), (4) and (5), 66, 67, 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 96, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 130, 135, 137, 138, 140.
Column 1Competent Authority Column 2Provisions of Regulation 2017/625
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The Agency Articles 4, 5(1), (4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 21, 26, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 42, 44, 45, 46, 47, 49, 50, 55, 56, 57(3), 63(4)(a), 65(5), 66(6), 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 93, 96, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 124, 130, 132, 133, 135, 137, 138, 140, 148, 150.
The food authority Articles 4(2), 5(1), (4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 21, 26, 28, 29, 30, 31, 32, 33, 35, 36, 38, 44, 45, 46, 47, 49, 50, 55, 56, 57, 63, 65(1), (2), (3), (4) and (5), 66, 67, 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 96, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 130, 132, 133, 135, 137, 138, 140, 148, 150.
Column 1 Column 2
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Provision of EU legislation Subject matter
Article 69(1) of Regulation 2017/625 Requirement that the operator responsible for the consignment is to carry out all the measures ordered by the competent authorities.
Article 1 of Regulation 2019/1013 Requirement that the operator responsible for a consignment give prior notification to the competent authority of the border control post, at least one working day before the expected arrival of the consignment.
Article 3 of Regulation 2019/1602 Requirement that a Common Health Entry Document (CHED) is to accompany each consignment irrespective of whether or not it is split at the border control post or subsequent to leaving the border control post.
Article 4(a) of Regulation 2019/1602 Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies the consignment to the place of destination and until it is released into free circulation.
Article 4(b) of Regulation 2019/1602 Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED in the customs declaration lodged with the customs authorities and is to keep a copy of the CHED at the disposal of the customs authorities.
Article 5(1)(a) of Regulation 2019/1602 Requirement that where a consignment is to be split at the border control post, when giving prior notification, the operator responsible for the consignment is to declare the border control post as the place of destination in the CHED for the entire consignment.
Article 5(1)(b) of Regulation 2019/1602 Requirement that where a consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to request that the consignment be split and is to submit, through the appropriate computerised information management system, a CHED for each part of the split consignment and make a declaration.
Article 5(1)(d) of Regulation 2019/1602 Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to ensure that a copy of the CHED for each part of the split consignment accompanies the relevant part to the place of destination and until it is released into free circulation.
Article 5(1)(e) of Regulation 2019/1602 Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.
Article 5(2)(a) of Regulation 2019/1602 Requirement that where a non-compliant consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to submit a CHED for each part of the split consignment and make a declaration.
Article 6(a) of Regulation 2019/1602 Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies each part of the split consignment until it is released for free circulation.
Article 6(b) of Regulation 2019/1602 Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.
Article 3(1) of Regulation 2019/1666 Requirement that the operator responsible for the consignment is to, within one day upon arrival of the consignment, inform the competent authority responsible for performing the official controls at the establishment at the place of destination of the arrival of the consignment.
Article 6(1) of Regulation 2019/2123 Requirement that after the competent authorities of the border control post have authorised or decided on the transfer of the consignment to the control point indicated in the CHED, the operator responsible for the consignment shall not present the consignment for identity and physical checks to a control point different from the one indicated in the CHED, unless the competent authorities of the border control post authorise the transfer of the consignment to another control point in accordance with point (a) of Article 3(1) and point (a) of Article 4(2).
Article 6(4) of Regulation 2019/2123 Requirement that the operator shall provide the reference number of the finalised CHED referred to in Article 6(3) in the customs declaration which is lodged for the consignment with the customs authorities and shall keep a copy of that CHED at the disposal of the customs authorities.
Article 6(1) of Regulation 2019/2124 Requirement that the operator responsible for the consignments authorised for onward transportation in accordance with Article 4 ensures that: (a) during transport to, and storage at, the onward transportation facility, the consignment is not tampered with in any manner; (b) the consignment is not subject to any alteration, processing, substitution or change of packaging; (c) the consignment does not leave the onward transportation facility pending the decision on the consignment being taken by the competent authorities of the border control post in accordance with Article 55 of Regulation 2017/625.
Article 6(2)of Regulation 2019/2124 Requirement that the operator responsible for the consignment shall transport the consignment under customs supervision directly from the border control post to the onward transportation facility, without the goods being unloaded during transport, and shall store it in the onward transportation facility.
Article 6(4) of Regulation 2019/2124 Requirement that the operator responsible for the consignment shall ensure that a copy, on paper or in electronic form, of the CHED referred to in Article 3 accompanies the consignment from the border control post to the onward transportation facility.
Article 6(5)of Regulation 2019/2124 Requirement that the operator responsible for the consignment notifies the competent authorities at the place of final destination of the arrival of consignment at the onward transportation facility.
Article 6(6) of Regulation 2019/2124 Requirement that after the competent authorities of the border control post have authorised the onward transportation of the consignment to the onward transportation facility, the operator responsible for the consignment shall not transport the consignment to a onward transportation facility that is different from the one indicated in the CHED, unless the competent authorities of the border control post authorise the change in accordance with Article 4 and provided that the conditions laid down in paragraphs 1 to 5 of Article 6 are complied with.

Fees or charges arising from unplanned official controls

42A

Fees or charges imposed by a competent authority on an operator pursuant to article 79(2)(c) of Regulation 2017/625 must be paid by the operator on the written demand of the competent authority.

Expenses arising from additional official controls

Expenses arising in respect of co-ordinated assistance and follow-up by the Commission

Enwi, cychwyn a chymhwyso

Dehongli

Awdurdodau cymwys

Cyfnewid a darparu gwybodaeth

Sicrhau gwybodaeth

Pŵer i ddyroddi codau o arferion a argymhellir

Monitro camau gorfodi

Pŵer wneud cais am wybodaeth sy'n ymwneud â chamau gorfodi

Pŵer i fynd i mewn ar gyfer personau sy'n monitro camau gorfodi

Ystyr “awdurdod gorfodi” ac ymadroddion perthynol

Tramgwyddau sy'n ymwneud â rheoliadau 8 a 9

Yr hawl i apelio

Apêl i Lys y Goron yn erbyn gwrthod apêl o dan reoliad 12(1)

Staff awdurdod cymwys Aelod-wladwriaeth arall

Arbenigwyr y Comisiwn

Gwahardd datgelu cyfrinachau masnachol

Gweithredu a gorfodi

Pwerau i fynd i mewn

Rhwystro etc. swyddogion

Cosbau

Y terfyn amser ar gyfer erlyniadau

Dehongli'r Rhan hon o'r Rheoliadau hyn

Cyfrifoldebau gorfodi bwyd anifeiliaid a statws awdurdod cymwys

Cyfrifoldebau gorfodi bwyd a statws awdurdod cymwys

Swyddogaethau'r Comisiynwyr

Cyfnewid gwybodaeth

Gohirio gweithredu a gorfodi

Gwahardd cyflwyno bwyd anifeiliaid penodol a bwyd penodol

Gwirio cynhyrchion

Atal dynodiad pwyntiau mynediad

Cadw, distrywio, trin yn arbennig, ailanfon a mesurau a chostau priodol eraill

Hysbysiadau yn unol ag Erthyglau 18 a 19 o Reoliad 882/2004 (mewnforio bwyd anifeiliaid a bwyd o drydydd gwledydd)

Yr hawl i apelio o ran hysbysiadau a gyflwynir o dan reoliad 32

Apelau i Lys y Goron yn erbyn gwrthod apêl o dan reoliad 33

Risg ddifrifol i iechyd anifeiliaid neu iechyd y cyhoedd

Costau a ffioedd

Caffael samplau mewn perthynas â bwyd gan swyddogion awdurdodedig

Dadansoddi etc. samplau

Pwerau i fynd i mewn ar gyfer swyddogion awdurdodedig awdurdod gorfodi bwyd

Rhwystro etc. swyddogion (mewnforion)

Tramgwyddau a chosbau

Y terfyn amser ar gyfer erlyniadau (mewnforion)

Treuliau sy'n deillio o reolaethau swyddogol ychwanegol

Treuliau sy'n deillio o gymorth wedi ei gyd-drefnu a gwaith dilynol gan y Comisiwn

Tramgwyddau oherwydd bai person arall

Amddiffyniad o ddiwydrwydd dyladwy

Tramgwyddau gan gyrff corfforaethol

Tramgwyddau gan bartneriaethau Albanaidd

Amddiffyn swyddogion sy'n gweithredu'n ddidwyll

Cyflwyno dogfennau

Diwygio Rheoliadau Bwyd Anifeiliaid (Hylendid a Gorfodi) (Cymru) 2005

Dirymu

Tynnu safleoedd rheoli ar y ffin yn ôl a’u hatal

Hysbysiadau mewn perthynas â mewnforio bwyd anifeiliaid a bwyd o drydydd gwledydd

Ffioedd neu daliadau sy’n deillio o reolaethau swyddogol anghynlluniedig

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